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Dáil Éireann díospóireacht -
Wednesday, 12 Jan 2011

Vol. 726 No. 1

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 11, inclusive, answered orally.
Questions Nos. 12 to 62, inclusive, resubmitted.
Questions Nos. 63 to 72, inclusive, answered orally.

Banks Recapitalisation

Lucinda Creighton

Ceist:

73 Deputy Lucinda Creighton asked the Minister for Finance the situation regarding deposits in the banking system here in the aftermath of the €35 billion made available under the EU/International Monetary Fund deal; and if he will make a statement on the matter. [1335/11]

It has been clear for some time that the banks were facing serious challenges in terms of their liquidity position. Lingering concerns in the market regarding their capital position has led to negative market sentiment. The Deputy may be aware from Central Bank statistics that deposits by Irish residents in December 2009 fell from €310,657 billion to €297, 035 billion in November 2010 and deposits by non-residents fell from €228,553 billion to €172,631 billion for the same period, a fall of some €69.5 billion. The Financial Programme with the European Commission/ECB/IMF does not propose any departure from existing policy, indeed its prescription is an intensification and acceleration of the restructuring process already being undertaken by the Irish banks. A key objective is to ensure that the size of the domestic banking system is proportionate to the size of the economy and is appropriately aligned with the funding capacity of the banks overall, taking into account stable sources of deposit and wholesale funding.

The Deputy will be aware that the Central Bank is requiring the banks to meet a Core Tier 1 capital ratio of 12%.

In addition, under the ELG Scheme, deposit balances continue to be guaranteed. Since the signing of the agreement with the European Commission/ECB/IMF in December 2010, significant work is underway by the relevant authorities to complete the Prudential Capital Assessment Review (PCAR) and the Prudential Liquidity Assessment Plan (PLAR), these being two important components of the agreement.

The completion of these projects will bring additional confidence to the Irish Banking system.

Official Engagements

Enda Kenny

Ceist:

74 Deputy Enda Kenny asked the Minister for Finance if he will report on his recent meeting in Dublin with the European Commissioner, Olli Rehn; and if he will make a statement on the matter. [43748/10]

Eamon Gilmore

Ceist:

290 Deputy Eamon Gilmore asked the Minister for Finance if he will make a statement on his meeting in Dublin on 9 November 2010 with EU Commissioner, Ollie Rehn [45170/10]

I propose to take Questions Nos. 74 and 290 together.

It is now over two months since the meeting to which the Deputies refer took place and there have been very substantial developments during that period. However, the purpose of Commissioner Rehn's visit at the start of November was to gather information and exchange views. To that end, the Commissioner not only met with myself, but also met with Opposition parties, as well as representatives from both employer and union groups.

In terms of my own meeting with Commissioner Rehn, the meeting was a continuation of the very positive relationship that we have. Commissioner Rehn and I discussed the Government's economic growth strategy, fiscal consolidation plans and matters relating to banking and financial market developments. In particular, I briefed the Commissioner on the development of the Government's four-year National Recovery Plan and the manner in which the upcoming Budget 2011 would fit into that multi-annual strategy. In that regard, we were in agreement on the need for a comprehensive plan to return sustainability to the public finances. In particular, Commissioner Rehn agreed that it was essential that the budgetary strategy was front-loaded and that a €6 billion adjustment was the appropriate target for Budget 2011.

As the Deputies are aware, the Government subsequently published the National Recovery Plan 2011-2014, which was welcomed by the European Commission. The Plan sets out the measures that will be taken with a view to bringing the deficit back below 3 per cent of GDP by 2014. Budget 2011 represents the first step in the implementation of that programme and, taking account of the €6 billion adjustment package, projects a General Government deficit of 9.4 per cent of GDP by the end of this year. In this regard, it is positive to note that the end of year figures that my Department reported on last week, showed the public finances being marginally better than had been planned for in 2010.

The National Recovery Plan also identifies the areas of economic activity which will provide growth and employment in the recovery and specifies the reforms the Government will implement to accelerate growth in key sectors of the economy and these matters were also discussed when I met the Commissioner.

In the context of the agreed EU/IMF programme of external assistance, the various policy measures that have been set out as requiring action draw on the suite of measures that the Government set out in the National Recovery Plan 2011-2014 when it was published in November 2010.

Price Inflation

Bernard Allen

Ceist:

75 Deputy Bernard Allen asked the Minister for Finance if he will revise his estimate of inflation here in 2011 in view of the higher than expected inflation in euro zone countries in 2010; and if he will make a statement on the matter. [1307/11]

My Department regularly updates its estimates for inflation as price developments occur and will next publish a revised estimate in the context of the Stability Programme Update which will be submitted to the European Commission in April of 2011. I would like to point out that Ireland is in a unique position in the European Union in that prices are continuing to fall — down 0.8% on a Harmonised Index of Consumer Prices (HICP) basis in November 2010 — while inflation across all other European Member States is positive.

My Department is forecasting an increase in consumer prices this year on foot of base effects, commodity price movements and the modest indirect tax measures being implemented as part of the budget. However, given muted domestic demand and considerable spare capacity in the economy, price increases are likely to be fairly modest — the HICP is projected to increase by 0.7% this year.

I note that preliminary estimates of eurozone inflation for December were somewhat higher than expected, with an increase of 2.2% compared to an increase of 1.9% in October and November. However a considerable portion of this headline inflation relates to energy price increases while core inflation has remained steady at about 1%. Of course, wholesale energy price increases impact on Ireland as they do on the rest of Europe and my Department monitors energy price developments closely and will make amendments to its forecasts as appropriate.

What we should focus on, however, is the positive impact that the inflation differential between ourselves and our main trading partners is having on Ireland's competitive position. As set out in the National Recovery Plan 2011-2014, exports will be the key driver of economic growth over this period. Accordingly, this improvement in price competitiveness will provide crucial support to sustained economic recovery.

National Asset Management Agency

John Deasy

Ceist:

76 Deputy John Deasy asked the Minister for Finance the discussions he has had with the National Assets Management Agency to encourage them to sell property here; and if he will make a statement on the matter. [1310/11]

NAMA has its own Board and has a commercial remit to manage its portfolio of acquired loans and property. To date NAMA, has only acquired loans not properties. It is a matter for the Board of NAMA to manage and deal with acquired properties in a commercial fashion and on a case by case basis with the intention of generating the best achievable financial return for the State. I am informed by NAMA that through its debtor management process it has already given permission for the sale of properties to the value of €2bn where NAMA had an interest of €700m in these properties. Some 90% by value of those permissions relate to property in the UK.

Section 55 of the NAMA Act 2009 requires NAMA to make a quarterly report to the Minister for Finance within 3 months of the end of the quarter to which the report refers and these reports will be laid before the Houses of the Oireachtas. The quarterly report includes, among other things, information on the number of loans being foreclosed or otherwise enforced and the amount of money recovered by sale of property. The quarterly report for the third quarter has been submitted to me and I expect to lay it before both Houses shortly.

Bank Guarantee Scheme

Aengus Ó Snodaigh

Ceist:

77 Deputy Aengus Ó Snodaigh asked the Minister for Finance the total debt guaranteed under the eligible liabilities guarantee scheme; the amount of this debt that is subordinated and the amount that is senior; the total amount unguaranteed senior bond debt in each of the covered institutions; and if he will make a statement on the matter. [1413/11]

Jack Wall

Ceist:

84 Deputy Jack Wall asked the Minister for Finance the total senior, unsecured and unguaranteed bonds issued by the credit institutions into which capital injections from the Exchequer have been necessary since September 2008, or are likely to be necessary in 2011, to meet new capital requirements; the total subordinated bonds issued by these institutions; if he will provide a breakdown of each category by institution; and if he will make a statement on the matter. [1385/11]

I propose to take Questions Nos. 77 and 84 together.

As Minister for Finance, it would not be appropriate for me to speculate on future capital injections for 2011, as such my reply is based on those institutions covered by the Eligible Liabilities Guarantee (ELG) Scheme.

The Central Bank has advised me that as at the end of November 2010, the total debt guaranteed under the ELG is €124 billion. Subordinated debt is not covered under the ELG. Total subordinated debt in issue is €10.2 billion as at 7th January 2011.

The total (secured and unsecured) amount unguaranteed senior bond debt in the covered institutions is €48.9 billion.

Due to considerations relating to commercial and market sensitivity and confidentiality consideration to which the Central Bank is subject in relation to the disclosure of regulatory information, it is not possible to provide a breakdown of the information by individual institutions other than in relation to subordinated debt in each of the covered institutions which is set out in the table below.

Bank

€m

AIB

4,775

Anglo

*768

BoI

2,808

EBS

213

ILP

1,467

INBS

171

Total

10,202

*Included in the total figure of €0.768bn of subordinated debt is the sum of €0.348bn which relates to 300,000 Non-Cumulative Preference Shares. The inclusion of these preference shares in the bank's subordinated debt is required by accounting rules notwithstanding that they are now owned by the Minister as they remain technically a debt due to the shareholder on a winding up, albeit one ranking after all other debtors.

Banks Recapitalisation

Thomas P. Broughan

Ceist:

78 Deputy Thomas P. Broughan asked the Minister for Finance the amount of capital that has been pumped into the Irish banking system since 30 September 2008; the amount of further capital he envisages pumping into the banking system during the first three months of 2011; and if he will make a statement on the matter. [1367/11]

Following is the information requested by the Deputy.

Capitalisation of Credit Institutions

Credit Institution

Cost of Share Acquisition

Cost of Preference Shares

Value of Promissory Notes Issued

Capital Provided to 31 December 2010

Additional CT1 required by Central Bank

€bn

€bn

€bn

€bn

€bn

Anglo Irish Bank

4.000

25.28

29.280

Allied Irish Banks

3.700

3.50

7.200

6.065

Bank of Ireland

1.700

1.80

3.500

2.199

Irish Nationwide Building Society

0.100

5.30

5.400

EBS Building Society

0.625

0.25

0.875

0.438

Total

10.100

5.30

30.80

46.300

8.700

*Cash received on cancellation of Warrants.

The table above sets out the amount of capital injected by the State into the Irish Banking System to date. The Central Bank has set out the further capital that will be required by AIB, BOI and EBS in order for them to meet a 12% core tier 1 ratio by the end of February 2011 as agreed in the Programme for Financial Support with the IMF, EU and the ECB.

The State remains committed to meeting this capital requirement to the extent that it cannot be met from other sources.

Banking Charges

Liz McManus

Ceist:

79 Deputy Liz McManus asked the Minister for Finance his views on the recent increases in bank fees for basic current account services at Bank of Ireland, a bank in receipt of significant State support; if his attention has been drawn to the fact that, by their nature, this new charging regime will impact most severely on those least able to pay; the steps that have been taken to date to introduce basic bank accounts as foreseen in the original bank recapitalisation agreement of 21 December 2008; and if he will make a statement on the matter. [1374/11]

I am disappointed that the bank is increasing charges for its current account customers but can understand why they are doing so. The Government operates an arm's length relationship with the banks in which the State has a shareholding and the commercial decisions on how best to operate the bank remain a matter for management and the board. I have no role in approving or setting bank charges. This responsibility lies with the Central Bank. Under the Consumer Credit Act 1995, banks must make a submission to the Central Bank if they wish to introduce or increase charges in respect of a service.

Where a bank has exempted customers who meet certain criteria from charges, and subsequently change the criteria, there is no requirement for any subsequent notification to, or approval by, the Central Bank provided the charges are within the permitted limits. I would also advise the Deputy that the National Consumer Agency's website www.itsyourmoney.ie provides a cost comparison table on the main current accounts provided by individual firms which includes details of how to qualify for free account maintenance and transactions.

Any proposed changes to charges or qualifying criteria must be notified to customers in advance. In the case of current accounts, the minimum notice period is two months and must be in accordance with the terms and conditions of the account.

Regarding the issue of basic bank accounts, as part of the restructuring plan process currently underway with the European Commission, it has been proposed that the domestic banking sector will be required to support and promote the availability of a basic bank account. This is to be done in the context of the implementation of the Government's strategy on financial inclusion in the State.

Work is underway on a review of the options available to achieve greater financial inclusion — including the introduction of basic bank accounts by end-2011. The objective of the review, which is being undertaken by the Social Finance Foundation on my behalf, is to identify recommended actions to achieve a substantial reduction in financial exclusion over a 3-5 year period.

The preparation of the review is overseen by a Steering Group comprised of key stakeholders and chaired by my Department. I expect to receive a draft report setting out the recommendations from the review sometime in the first quarter of this year. I intend to publish this review for consultation purposes.

Public Sector Remuneration

Sean Sherlock

Ceist:

80 Deputy Seán Sherlock asked the Minister for Finance his proposals for a review of senior executive pay and commercial semi-State bodies; and if he will make a statement on the matter. [1386/11]

My position on higher pay in the public sector was set out in the Budget speech on 7 December last in which I indicated that the Government believes there should be a maximum salary rate of €250,000 in the public sector. Only a few office holder posts have salaries above this level at present with further posts in the State Agencies. While there are issues about the contractual position of incumbent post holders, it is my view that the objective of the maximum salary can be achieved within a reasonable timeframe.

Banks Recapitalisation

Ruairí Quinn

Ceist:

81 Deputy Ruairí Quinn asked the Minister for Finance if he will confirm if he injected capital of €6.4 billion and €2.7 billion into Anglo Irish Bank and Irish Nationwide respectively in the run up to end 2010; if he will further confirm the coupon rate on this latest tranche of promissory notes; if he will further confirm the blended interest rate on all outstanding promissory notes; if he will further confirm the total outstanding nominal amount of promissory notes in issue; if he will further confirm the expected cumulative cost of interest on these promissory notes over the course of their lifespan; and if he will make a statement on the matter. [1383/11]

Joan Burton

Ceist:

82 Deputy Joan Burton asked the Minister for Finance if he will confirm if he injected capital of €6.4 billion and €2.7 billion into Anglo Irish Bank and Irish Nationwide respectively in the run up to end 2010; if he will further confirm the coupon rate on this latest tranche of promissory notes; if he will further confirm the blended interest rate on all outstanding promissory notes; if he will further confirm the total outstanding nominal amount of promissory notes in issue; if he will further confirm the expected cumulative cost of interest on these promissory notes over the course of their lifespan; and if he will make a statement on the matter. [1403/11]

I propose to take Questions Nos. 81 and 82 together.

On 31 December 2010 further capital of €6.42 billion was provided to Anglo Irish Bank and €2.7 billion to Irish Nationwide Building Society. The consideration for the further capital was provided through a final increase in the Promissory Notes in each institution.

As set out in the technical note published on my Department's website on 4 November last — which accompanied the publication of the information note on the economic and budgetary outlook for the period 2011 to 2014 — the terms of the Anglo Irish Bank and Irish Nationwide Building Society (INBS) Promissory Notes have now been adjusted to provide that no interest will be chargeable in calendar years 2011 and 2012.

The coupon on the Anglo Irish Bank and INBS Promissory Notes is now 0% for the two years to 31 December 2012. A higher rate of interest will be payable from the beginning of 2013 onwards, so that the cumulative amount of interest paid over the life of these Promissory Notes will remain at an average rate sufficient to allow the Promissory Notes to be recorded in the institutions' balance sheets at face value, notwithstanding the zero rate of interest charged in 2011 and 2012. The interest rate which will apply on the final tranche of the Anglo Irish Bank and INBS Promissory Notes from 1 January 2013 is 11.76% and is based on the long term Government bond yield appropriate to when the amounts will be paid. If interest was spread evenly over the life of the final tranche of the Promissory Notes, rather than having a two year 0% coupon period, the coupon would have been 8.6%.

The blended coupon on all of the tranches of both the Anglo Irish Bank and INBS promissory notes together is 0% in both 2011 and 2012 increasing to 8.2% thereafter.

The Promissory Note structure was designed to achieve the most efficient financing outcome for the Exchequer and to spread the repayments over an extended period of years. The final total of Promissory Notes in issue is €30.85 billion (inclusive of EBS). Under the terms of the Notes, 10% of the amount outstanding at end 2010 will be paid each year i.e. €3.085 billion per year. The amount of interest accruing on the Anglo Irish Bank and INBS Promissory Notes will be nil in 2011 and 2012, increasing to €1.8 billion in 2013. The interest charge declines annually thereafter as the balance is repaid. As a result of the extended duration i.e. towards 20 years, the total interest is considerable and is estimated at €17 billion over the life of the Promissory Notes. Discounting these interest cash flows using a government bond yield curve from 22 December 2010 for all tranches the discounted value of the interest is €9.5 billion.

Illicit Trade in Tobacco

Alan Shatter

Ceist:

83 Deputy Alan Shatter asked the Minister for Finance the steps, if any, he proposes taking to reduce the amount of smuggling of cigarettes and other tobacco products into the State and to ensure that those found guilty of such offence are properly punished; if his attention has been drawn to the fact that the average fine for such smuggling in 2010 is less than €600 and if he regards this as appropriate; and if he will make a statement on the matter. [42925/10]

I am informed by the Revenue Commissioners, who are responsible for the collection of tobacco products tax and for tackling the illicit trade in cigarettes and tobacco products, that Revenue employs a multifaceted strategy to deal with this problem. It includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU and international basis, ongoing review of operational policies, development of analytics and deployment of detection technologies, optimum deployment of resources at point of importation and internally to intercept the contraband product and to prosecute those involved. Revenue enforcement officers are deployed at all key ports and airports. Staff deployed at these locations are often augmented by additional staff from other areas when specific operations are organised. Interception at the point of importation is achieved through a combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage and postal packages.

Revenue enforcement officers also target this illicit trade at the post-importation level by carrying out intelligence-based operations and random checks at retail outlets, markets and private and commercial premises. Revenue and An Garda Síochána also carry out regular multi-agency operations, particularly in relation to large maritime importations and in checks at inland markets.

Revenue's enforcement approach in the fight against the illicit tobacco trade is under continuous review. For example, in July of last year Revenue launched a nationwide tobacco operation, which concentrated additional Revenue resources at ports, airports and at various retail points for the purpose of identifying illicit tobacco products. This resulted in 561 seizures totalling 13.7m cigarettes and 195 kgs tobacco in the course of the two-week period of the operation. Two subsequent 3-day operations resulted in the seizure of over 1,760,000 cigarettes and 175 kgs of tobacco. Further such intensive operations are planned, to supplement the normal ongoing level of detection and enforcement activities.

The Revenue Commissioners have also established a high level internal group, chaired at Commissioner level to examine the risks related to tobacco excise, and to monitor and optimise performance in relation to detection of counterfeit and contraband tobacco products. This group has promoted a number of initiatives aimed at counteracting the illicit trade in tobacco. These include improved profiling of passengers and freight to identify tobacco smugglers, the recent establishment of a tobacco hotline, co-ordinating national blitz style operations, evaluation and acquisition of scanning and other detection technologies and learning from best practice internationally.

This strategy has resulted in the seizure of a total of 178.3m cigarettes with a retail value of approx. €75.3m, and 3,369 kilos of tobacco with a retail value of approx €1.2m, during the period January to December 2010.

With regard to the penalties available for prosecution of tobacco smuggling related offences, the penalty on summary conviction for evasion of duties is €5,000, and/or a term of imprisonment not exceeding 12 months. The penalty on indictment is up to €126,970 and/or a term of imprisonment not exceeding 5 years, or, where the value of the product concerned is greater than €250,000, up to three times the value of the products. These penalties are considered adequate. Of course, as the Deputy is aware, the precise penalty imposed on conviction in each individual case is solely a matter for the Courts and I do not propose to make any comment in that regard.

There were 94 convictions secured in the Courts for cigarette smuggling in 2010. The fines imposed amounted to €49,630 and, in addition, 13 custodial sentences and 2 community service orders were imposed. The average fine for cigarette smuggling offences in 2010 was €527.

A further 40 convictions were secured for illegal selling of unstamped tobacco products with total fines of €99,250, and 6 custodial sentences and 2 community service orders imposed. The average fine for cigarette selling offences in 2010 is €2,500.

Question No. 84 answered with Question No. 77.

Tax Code

Simon Coveney

Ceist:

85 Deputy Simon Coveney asked the Minister for Finance if he will consider removing VAT and VRT on the purchase of new taxi vehicles; and if he will make a statement on the matter. [42693/10]

There are no plans to remove VAT and VRT on the purchase of new taxi vehicles.

Fiscal Policy

Michael Noonan

Ceist:

86 Deputy Michael Noonan asked the Minister for Finance his understanding of the commitment in the EU/International Monetary Fund programme of financial support for Ireland that any additional unplanned revenue must be allocated to debt reduction; and if he will make a statement on the matter. [1304/11]

Under the terms of the programme of financial support which we have agreed with our European partners and the IMF, there is a recommendation that we should introduce a fiscal rule such that any additional unplanned revenues which arise will be allocated to deficit and debt reduction. In Budget 2010, published in December 2009, it was outlined that as part of the ongoing reform of the budgetary process, consideration would be given to the use of surplus once-off revenues which arise in future years to reduce the deficit and thereby contribute to reducing the debt burden. In practical terms, this means that any bonus or surplus revenues generated above what was forecast should not be used to allow expenditure to increase above the level budgeted for while still recording a deficit in line with that originally projected. Instead, they should be used to reduce the deficit and hence the debt burden.

Given the large deficit that currently exists in the public finances and the sharp increase in the level of national debt in recent years which has required an ever increasing share of tax revenues to be used to service the national debt, this is a sensible course of action and one that the Government was examining in any event, as outlined in Budget 2010. Such an approach assists in the restoration of sustainability to the public finances in as short a period as is feasible.

Financial Services Regulation

Tom Hayes

Ceist:

87 Deputy Tom Hayes asked the Minister for Finance the number of directors of covered institutions who were directors of these institutions in December 2008; his plans to replace these directors; and if he will make a statement on the matter. [1312/11]

Based on information supplied to me by the 6 covered institutions, 31 directors (including 3 public interest appointments made in December 2008) who were in place at end December 2008 remain in situ. It has to be accepted that a complete turnover of all of the respective appointments at the covered institutions was neither practical nor desirable. Contrary to public perception, a lot of changes at director level at the covered institutions have taken place. Of every 10 directors in place pre September 2008, 6 have departed. What the Government has sought to do is to bring certainty to the operation of the Irish financial system by making progressive changes at board level and implementing other measures such as changes in the manner that new director appointments are now made. I have said previously that it is not only a change of personnel that is required but a change of culture.

The public interest aspect of decisions taken at board level of these institutions has to have a much greater prominence. I would point out to the Deputy that section 48 of the Credit Institutions (Stabilisation) Act 2010 deals with the duties of directors of relevant institutions.

Croke Park Agreement

Mary Upton

Ceist:

88 Deputy Mary Upton asked the Minister for Finance if he will provide an update on the implementation of the Croke Park Public Service Agreement; the savings that have been agreed to date; the savings foreseen for 2011 as a whole under the agreement; and if he will make a statement on the matter. [1395/11]

The Public Service Agreement (Croke Park Agreement) provides a sustainable framework to manage the provision and delivery of our essential public services in a period of unprecedented pressure on public resources. In this regard, the Exchequer Pay Bill will be approximately 8% less in 2010 over 2009 while the number of public servants has reduced by almost 12,000 since March 09, resulting in significant savings in the public service paybill. Further savings targets for 2011 of €310m, and a reduction in numbers to 301,000 as set out in the Budget Estimates, now form part of the allocation for each Department and Agency over the coming year. The delivery of the required savings, including payroll savings, will be monitored closely, including by reference to the implementation of the Croke Park Agreement.

The Implementation Body for the Agreement requested the various sectors in December last to revise their Action Plans to take account of the targets in the National Recovery Plan and the allocations made under Budget 2011. These revised plans are due to be submitted this week. The Implementation Body will be seeking to ensure that the plans deliver the necessary savings and efficiencies to meet the Government's requirements under the National Recovery Plan. The initial assessment of the sustainable savings made under the Agreement will be made by that Body under the review which is due to take place this Spring under the terms of the Agreement.

Banking Sector

Michael D. Higgins

Ceist:

89 Deputy Michael D. Higgins asked the Minister for Finance his views on the future viability of Irish Life and Permanent; if he expects that the State will be required to make a capital injection into the bank during 2011 in view of the revised PCAR analysis and enhanced capital requirements; if he remains committed to the future existence of a third force in Irish banking; and if he will make a statement on the matter. [1399/11]

As the Deputy is aware, the Government has devoted considerable effort, over the last two years, to ensuring the future viability of Irish banks. Furthermore, the Deputy will also be aware that, in November 2010, the Central Bank of Ireland set new enhanced minimum capital requirements for Allied Irish Banks, Bank of Ireland, EBS and Irish Life and Permanent (ILP) at 10.5% Core Tier 1. Additionally, the Central Bank also stipulated that the banks are required to raise sufficient capital to achieve a capital ratio of at least 12% Core Tier 1 by specified dates. For ILP this means that they have to raise additional eligible capital of €243 million by 31 May 2011. ILP have formally confirmed that it intends to meet the additional required amount involved from its own resources.

The Central Bank has also announced that it will subject the Irish banks to a stress test under its Prudential Capital Assessment Review methodology and a Prudential Liquidity Assessment Review by end March 2011.

The Deputy will also be aware that ILP is one of two bidders remaining in the prospective sale of EBS. It would be wholly inappropriate and premature for me to speculate publicly on the possible outcome of this process.

I have indicated previously that I wish to see a strong vibrant competitive banking system in place to meet the needs of the economy and its citizens. I am disposed to considering, in this light, any proposals, consistent with EU State aid rules, which will achieve this objective whether that involves domestic or international participants or a combination of both.

Bank Guarantee Scheme

Róisín Shortall

Ceist:

90 Deputy Róisín Shortall asked the Minister for Finance the exposure by domestic credit institutions to the Central Bank and to the European Central Bank; if he is concerned that such exposure is comparable to total national income; and if he will make a statement on the matter. [1388/11]

I refer the Deputy to the money and banking statistics published by the Irish Central Bank on a monthly basis. The figure for borrowing from the Eurosystem relating to monetary policy operations for the domestic group of credit institutions (listed at — http://www.centralbank.ie/data/site/cmbs/Credit%20Institutions%20Resident%20in%20the%20Republic%20of%20Ireland.pdf) at the end of November stood at E97.319bn. As is the case for other Central Banks comprising part of the Eurosystem, the Central Bank of Ireland can provide other liquidity facilities to credit institutions where that is judged necessary. The ‘other assets' figure included in the Financial Statement of the Central Bank primarily relates to this lending and at end of November the ‘other assets' figure stood at E44.674bn. I do not believe that the comparison suggested by the Deputy is appropriate given, for example, the secured and fully collateralised nature of lending by the Eurosystem with appropriate haircuts applied under detailed rules set by the ECB.

As the Deputy is aware, the programme agreed with the EU/IMF provides for a recapitalisation, fundamental downsizing, restructuring and reorganisation of the banking sector. The outcome will lead to a smaller banking system more proportionate to the size of the economy, capitalised to the highest international standards with renewed access to normal market sources of funding. This will enable the Irish financial institutions to reduce their reliance on Eurosystem and Central Bank funding mechanisms and focus the banking system on strongly supporting the recovery of the economy.

National Asset Management Agency

Caoimhghín Ó Caoláin

Ceist:

91 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of National Asset Management Agency bonds that have been issued to date; the terms of same; the maturity of these bonds; the proportion of these NAMA bonds that are subordinated; the number of NAMA bonds that are envisaged for issue in total; and if he will make a statement on the matter. [1411/11]

I have been advised that NAMA has now completed the transfer of loans from debtors with a nominal value of €71.2 billion. As consideration for these loans NAMA has issued €30.2 billion in bonds to the five participating institutions. NAMA issued 95% of this value in Senior Notes totalling €28.65 billion with a further 5% totalling €1.51 billion being issued in subordinated securities. The senior bonds mature in March 2011 and are extendible at the option of NAMA. They are Government-guaranteed Floating Rate Notes and pay interest at a rate of 6 month Euribor or 6 month GBP Libor. The subordinated bonds are callable perpetual fixed rate bonds which may be redeemed from March 2020 onwards. Interest is payable annually on the subordinated bonds if NAMA is considered to be achieving its objectives.

While the issuances to date cover almost all of the original loans to be acquired by NAMA a small number of loans that are subject to challenge as to their eligibility have yet to transfer. I am advised by NAMA that further NAMA bonds totalling €1.4 billion may issue in respect of these loans depending on the outcome of these challenges.

In addition it is intended that individual debtor exposures of €20 million or less in AIB and Bank of Ireland announced as part of the EU/IMF Programme of Support will be acquired before the end of March 2011. It is not possible as yet to estimate the amount of bonds that will be issued in respect of these loans. I will be introducing proposals to amend the legislation in the near future to allow for the transfer of these loans.

Tax Code

Joe Costello

Ceist:

92 Deputy Joe Costello asked the Minister for Finance if he will confirm that measures to introduce a site value tax are to be included in the 2011 Finance Bill; if he envisages the launch of a consultation process in respect of the introduction of any such tax; if the measures, as implemented for 2012, will involve differential payments for differing house or site sizes, for instance for two, three and four-bedroom houses; if he intends to merge the charge on non-principal private residences into the site value tax for 2012 or at a later date; and if he will make a statement on the matter. [1401/11]

As the Deputy is aware, the National Recovery Plan included a proposal for a site value tax which will be introduced with a fixed household charge of €100 per annum in 2012, with a value-based addition being introduced in 2013. Initial consultation on the implications of a recurrent annual tax on property has taken place with relevant stakeholders. The Non-Principal Private Residence charge is a matter for the Department of the Environment, Heritage and Local Government. However, all taxes and potential taxation measures are constantly reviewed in the context of the annual Budget and Finance Bill process. At this stage, a decision has yet to be taken on the precise legal mechanism to be used to introduce the site value tax and whether this will be done in tax legislation such as the Finance Bill or through other legislation which may fall within the ambit of the Department of the Environment, Heritage and Local Government.

As is customary, it is not proposed to discuss the details of the Finance Bill or of the site value tax in advance of the legislation being published. However, the theory behind site value tax — or land value tax, as it is often called — is that tax is calculated by reference to the value of the land or site irrespective of whether there is a property on the site, or of what type of property is in place.

Asset Disposals

Joe Costello

Ceist:

93 Deputy Joe Costello asked the Minister for Finance if he will give details of the once off measures announced in Budget 2011 totalling some €700 million; if he will give further details of the tangible and intangible assets he intends to dispose of, in whole or in part; and if he will make a statement on the matter. [1400/11]

The once-off measures announced in Budget 2011 total €660 million and are comprised of asset disposals, the sale of mobile telephony licences, debt servicing savings and increased dividends. The expected yield from each of these components is set out in Table 4 on page D.17 of the Budget book. Receipts from asset disposals will be considered during 2011 and could arise from a variety of sources. These include property disposals, proceeds from the sale of council houses and potential purchases by the NPRF. The Government will also consider the scope for disposals arising from the recommendations of the McCarthy Review Group on the assets and liabilities of the Commercial Semi-States. An estimate of €300 million from asset disposals has been factored into the budgetary arithmetic.

Banking Sector Regulation

Michael Creed

Ceist:

94 Deputy Michael Creed asked the Minister for Finance the targets he has set for loans to deposit ratios for each of the banks; the consultation that has taken place with the European Commission and the International Monetary Fund in setting these ratios; and if he will make a statement on the matter. [1306/11]

The Deputy will be aware that the Memorandum of Understanding sets out a deadline of end December 2010 for agreement with the Irish authorities and the ECB, European Commission and the IMF on agreed loan to deposit ratios for each bank. However following further discussions with the ECB/EU/IMF, it has been agreed that it would be more appropriate to decide on the loan to deposit ratios for 2013 when the information from the PCAR and PLAR is available.

This does not in any way diminish the commitment to appropriate restructuring of the banks in the period.

Fiscal Policy

Martin Ferris

Ceist:

95 Deputy Martin Ferris asked the Minister for Finance is there an agreement to draw down all funds from the European Financial Stability Mechanism, the European Financial Stability Facility and the International Monetary Fund proportionally; the amounts needed in 2011; when these funds will be drawn down; the uses to which these funds will be put when drawn down in 2011; and if he will make a statement on the matter. [1409/11]

Pat Breen

Ceist:

99 Deputy Pat Breen asked the Minister for Finance the plans the European Financial Stability Mechanism and the European Financial Stability Facility have to raise money on the markets to fund the Irish bailout; if he was consulted on these plans; and if he will make a statement on the matter. [1308/11]

Arthur Morgan

Ceist:

131 Deputy Arthur Morgan asked the Minister for Finance when he intends to draw down the first instalment of the International Monetary Fund/EU package; if he will provide a timeline for planned drawdowns from this package; and if he will make a statement on the matter. [1407/11]

I propose to take Questions Nos. 95, 99 and 131 together.

On January 5th the EFSM launched a five year bond, of which it sold €5 billion. These funds were raised at a cost of 5.51% to Ireland. Ireland will be in receipt of this on January 12th. A receipt equivalent to about €5.8 billion is expected from the IMF on January 18th. The cost of these funds will depend on market conditions when the funds are drawn down. Further drawdowns from the IMF of about €2.1 billion per calendar quarter are scheduled during 2011, starting in March. Each of these drawdowns will be subject to Ireland's preceding quarterly review by the EU-IMF.

The EFSF is likely to access the bond markets on behalf of Ireland towards the end of January and the EFSM is expected to similarly access the markets later in the first quarter. In broad terms, the amounts drawn down from each of the three external sources are intended to be roughly equal over the course of the year. The timing of the EFSM and EFSF receipts are subject to the market entry strategies of these bodies and discussions with the Irish authorities. Funding from the UK is likely to commence in the third quarter of 2011 and discussions are ongoing as to the drawdown schedule. The rate of interest is expected to be about 5.9 per cent, based on current market conditions.

Personal Debt

Joe Carey

Ceist:

96 Deputy Joe Carey asked the Minister for Finance when the in depth review of the personal debt regime will be published, as promised in the EU/International Monetary Fund programme of financial support for Ireland; and if he will make a statement on the matter. [1313/11]

The Memorandum of Understanding document, attached to the EU/IMF Programme of Financial Support for Ireland which the Deputy refers to, identifies the early publication of the in-depth review of the personal debt regime as well the commencement of work on reform of legislation which will balance the interests of both creditors and debtors as actions to be delivered by end of the first quarter in 2011. The Deputy will be aware that the final report on Personal Debt Management and Debt Enforcement (Final Report) was published by the Law Reform Commission in December 2010 and can be accessed at www.lawreform.ie.

The Deputy will also be aware that my colleague Mr. Dermot Ahern T.D., Minister for Justice and Law Reform, has indicated to the House on several occasions that he intends to give early attention to the recommendations in the Final Report.

Waste Management

David Stanton

Ceist:

97 Deputy David Stanton asked the Minister for Finance further to parliamentary Question No. 73 of 10 November 2010, if the working group established to develop an approach to the further management and development of the former Irish Ispat site at Haulbowline, County Cork has concluded its deliberations; if a report has been received by him as expected; if this report is to be published; the actions, if any, he intends to take as a result of receiving this report; and if he will make a statement on the matter. [1365/11]

David Stanton

Ceist:

140 Deputy David Stanton asked the Minister for Finance the number of times the working group chaired by the Office of Public Works and tasked with developing a structured and coherent approach to the further management and development of the former Irish Ispat site at Haulbowline, County Cork, has met; the dates of any such meetings; if the report has been concluded and if so, if he has received a copy of this report; the action he intends to take as a result of this report; and if he will make a statement on the matter. [1364/11]

I propose to take Questions Nos. 97 and 140 together.

The Working Group, established by Government, to develop a structured and coherent approach to the further management and development of the former Irish ISPAT site at Haulbowline, County Cork, has met on a number of occasions in 2010.

The report outlining the Working Group's recommendations is currently being finalised. This report will be submitted to Government in the coming weeks for consideration, including the issue of publication.

State Banking Sector

Róisín Shortall

Ceist:

98 Deputy Róisín Shortall asked the Minister for Finance his views on progress with investigations into potential wrongdoings or illegalities at Anglo Irish Bank; his further views on the recent findings of the disciplinary committee of the chartered accountants; and if he will make a statement on the matter. [1389/11]

As the Deputy is aware a number of investigations are ongoing into matters at Anglo Irish Bank. These include investigations by the Garda Bureau of Fraud Investigation, the Office of the Director of Corporate Enforcement and the Chartered Accountants Regulatory Board of the Chartered Accountants of Ireland. The Department of Justice has informed me that two Investigation Files relating to matters in Anglo Irish Bank were submitted to the Director of Public Prosecutions (DPP) by the Garda Bureau of Fraud Investigation on 18th December, 2010 and directions are awaited.

The investigation is ongoing by An Garda Síochána and the Office of the Director of Corporate Enforcement and the Investigation Team in the Garda Bureau of Fraud Investigation continue to conduct necessary follow-up inquiries in respect of both investigations, as well as investigations into separate complaints received regarding other alleged malpractices at Anglo Irish Bank.

As recently as last week Mr. Paul Appleby, the Director of Corporate Enforcement published ‘A Review of ODCE Activity in 2010'. An extract from The Summary Review mentions the progress of the investigation into Anglo Irish Bank:

‘A major preoccupation in 2010 was our continuing investigations of Anglo Irish Bank. By year-end, we had transmitted to the Director of Public Prosecutions one file and three reports on four aspects of our investigations. Those aspects related to:

the provision by Anglo in 2008 of a loan to one of its directors. (The material sent to the DPP comprised a file of some 400 pages);

the non-disclosure of certain directors' loans in Anglo's published financial statements over a number of years. (The material included a 116 page report supported by about 1,200 pages of additional documents);

the provision by Anglo to a number of persons in 2008 of financial assistance for the purchase of its shares. (The material sent to the DPP comprised a 28 page report supplemented by about 400 pages of extra documents);

the communication of possible false or misleading information in certain Anglo public statements in 2008. (The material included a 98 page report supported by close to 1,300 pages of additional documents).

Further work is ongoing, and this is expected to result in the submission of extra documentation to the DPP in early 2011.'

Regarding the four Reports presented by Special Investigator, Mr. John Purcell to the Complaints Committee of the Chartered Accountants Regulatory Board (CARB) of the Chartered Accountants of Ireland, certified that, in his opinion, there existed certain prima facie cases that Institute members, Mr. David Drumm, Mr. Sean FitzPatrick, Mr. William McAteer and Mr. Peter Fitzpatrick, were liable to disciplinary action under the Bye-Laws of Chartered Accountants Ireland.

The Complaints Committee referred those prima facie cases to CARB's Disciplinary Committee by way of Formal Complaints under the provisions of Bye-Law 72.6 of the Bye-Laws of Chartered Accountants Ireland.

It would not be appropriate for me to comment on those matters until the investigations have been completed except to say that I welcome the fact that the Gardaí and ODCE investigations have now reached a point where the DPP can make an assessment on the matter.

Question No. 99 answered with Question No. 95.

Bank Deposits

Jack Wall

Ceist:

100 Deputy Jack Wall asked the Minister for Finance his views on reports that in excess of €70 billion worth of customer deposits fled from the domestic credit institutions over the course of 2010; the amount of deposits that fled from those domestic credit institutions subject to the deposit guarantee scheme over the course of 2010; and if he will make a statement on the matter. [1384/11]

It has been clear for some time that our banks were facing serious challenges in terms of their liquidity position. Lingering concerns in the market regarding their capital position has led to negative market sentiment. In addition unfavourable, and in some cases, irresponsible media reports have contributed to this negative sentiment. The Deputy will be aware that the Central Bank of Ireland collects data from the resident offices of all credit institutions, and publishes an aggregate balance sheet for all institutions and for the domestic group. The domestic group comprises 21 Credit Institutions (including the institutions subject to the Deposit Guarantee Scheme) and the Credit Unions.

For the domestic group there was a fall in resident deposits of €13.6 billion; and non-resident deposits fell by €55.9 billion, totalling €69.5 billion.

The Financial Programme with the European Commission/ECB/IMF does not propose any departure from existing policy, indeed its prescription is an intensification and acceleration of the restructuring process already being undertaken by the Irish banks. A key objective of the Programme is to ensure that the size of the domestic banking system is proportionate to the size of the economy and is appropriately aligned with the funding capacity of the banks overall, taking into account stable sources of deposit and wholesale funding.

It is important to point out that under the ELG Scheme in place until end 2011, deposit balances in the covered institutions continue to be guaranteed. The permanent Deposit Guarantee Scheme is in place for retail deposits up to €100,000. Since the signing of the agreement with the European Commission/ECB/IMF in December 2010, significant work is underway by the relevant authorities to complete the Prudential Capital Assessment Review (PCAR) and the Prudential Liquidity Assessment Plan (PLAR), these being two important components of the agreement, to be completed by end March.

The completion of these projects will bring additional confidence to the Irish Banking system.

The Government is determined to rebuild consumer and investor confidence in our financial system. Under the terms of the Programme agreement, and as I have already mentioned, the restoration of normal market funding of our banking system is a central objective of the Programme overall.

Fiscal Policy

Arthur Morgan

Ceist:

101 Deputy Arthur Morgan asked the Minister for Finance the total interest that, under current conditions, will need to be repaid in 2011; the projected interest costs for 2011 if money is drawn down under the EU/International Monetary Fund loan; and if he will make a statement on the matter. [1406/11]

Debt servicing costs are made up of three separate components: (i) debt interest payments, (ii) the sinking fund provision and (iii) debt management expenses. I have been advised by the NTMA that the debt service estimate underpinning the Budget 2011 public finance forecasts amounts to €5.6 billion in 2011, with €5 billion coming from the Exchequer and €0.6 billion from the Capital Services Redemption Account. This estimated cost assumes that funds are drawn down under the joint EU/IMF programme of financial assistance.

The actual cost of servicing the borrowing under the programme will depend on the prevailing market rates at the time of each drawdown.

National Asset Management Agency

Eamon Gilmore

Ceist:

102 Deputy Eamon Gilmore asked the Minister for Finance the nature and extent of asset disposals expected in 2011 by the National Asset Management Agency; and if he will make a statement on the matter. [1377/11]

NAMA has its own Board and has a commercial remit and will make decisions on asset disposals on a case-by-case basis with the debtor where disposal is the best option for maximising value. I am advised that the Board of NAMA has set targets that it wants to realise 25% of its portfolio by end 2013 and this has been factored into the Debtor Business Plan process. The rate of progress in this sales process will be impacted by the demand in the market and the availability of purchasers. Section 55 of the NAMA Act 2009 requires NAMA to make a quarterly report to the Minister for Finance within 3 months of the end of the quarter to which the report refers and these reports will be laid before the Houses of the Oireachtas. The quarterly report includes, among other things, information on the number of loans being foreclosed or otherwise enforced and the amount of money recovered by NAMA through the sale of property. The quarterly report for the third quarter has been submitted to me and I expect to lay it before both Houses shortly.

Fiscal Policy

Kathleen Lynch

Ceist:

103 Deputy Kathleen Lynch asked the Minister for Finance his views on the end of 2010 Exchequer returns; and if he will make a statement on the matter. [1368/11]

The end-year Exchequer Returns of revenues and expenditure for 2010 provide further evidence of the stabilisation in the public finances. The overall Exchequer Balance of €18.7 billion is in line with my Department's estimates set out in December 2009. Tax receipts were €703 million or 2.3% above target while voted expenditure of Government Departments was almost €730 million or 1.5% down year-on-year, demonstrating the positive impact of decisions taken by Government. The stabilisation of our tax revenues and the achievement of the Exchequer deficit target as set out in December 2009 are encouraging signs and indicate that the underlying General Government deficit should come in at 11.6% of GDP. This is in line with my Department's Budget day forecast in December 2009 and means we will achieve our stated aim of stabilising the deficit ratio at the underlying 2009 level.

The Exchequer Returns for 2010 confirm my analysis that the public finances have stabilised. These figures, in tandem with the encouraging economic data for the third quarter of 2010, mean we enter 2011 on the road to economic recovery and that the targets set in Budget 2011 are achievable.

The Government has consistently identified export-led growth as the strategy that will return this economy to growth and generate jobs. This strategy is working thanks to the improvement of competitiveness, and the flexibility and adaptability of the Irish economy. Exports in 2010 were at an all-time high and represented growth of 6.2% on 2009. This strong performance was particularly positive in the manufacturing and agri-food sectors.

Insurance Industry

Jan O'Sullivan

Ceist:

104 Deputy Jan O’Sullivan asked the Minister for Finance if he will provide an update on progress with the restructuring of the Quinn Group including, specifically, the sale or re-organisation of Quinn Insurance; if all efforts are being made to secure the best interests of workers and customers of the company including the maintenance of employment; and if he will make a statement on the matter. [1380/11]

On 3 June 2010 the High Court granted the Joint Administrators permission to appoint advisers on any prospective sale of Quinn Insurance Ltd (QIL). The advisers, on behalf of the Joint Administrators, issued an information memorandum on 27 August on the sale of the company to interested parties which set out a two stage process for selecting a purchaser. The first stage required the submission of a non-binding indicative proposal by Friday 17 September 2010.

I understand that following evaluation by the advisers and the Joint Administrators of the above mentioned proposals, a limited number of prospective purchasers were shortlisted by the Administrators to participate in Phase II of the sale process. They have conducted further due diligence including the consideration of the necessary commercial information, enabling them to make a final bid.

The Joint Administrators are currently considering the final bids. Once a preferred bidder is chosen the Administrators will enter into detailed discussions with them to seek to conclude an agreement. I understand that the Administrators wish to conclude a sale transaction as soon as possible.

Finally, the Deputy should note that the Joint Administrators are working to find a solution that addresses the issue of putting the company back on a sound commercial and financial footing. As part of that process their role is to assess bids which will protect the interests of policyholders and which will enable the company to operate as a going concern. The retention and protection of employment is of course an important element of the Administrators' responsibilities subject to their statutory responsibilities.

State Assets

Ruairí Quinn

Ceist:

105 Deputy Ruairí Quinn asked the Minister for Finance if the Review Group on State Assets and Liabilities has delivered their report; his views on the contents of the report; if he will undertake to publish the report as soon as possible; and if he will make a statement on the matter. [1382/11]

I am advised that the Review Group is currently finalising its report which I hope to receive in due course. I expect it to be published thereafter following appropriate Government consideration.

Departmental Expenditure

Brian Hayes

Ceist:

106 Deputy Brian Hayes asked the Minister for Finance the arrangements he has put in place to ensure that the €4 billion in proposed savings arising from the cuts in public expenditure as announced in the Budget, will be achieved; and if he will make a statement on the matter. [1318/11]

The savings of approximately €4 billion announced by the Government in the National Recovery Plan 2011-2014 are allocated across each Department and Office in the 2011 Budget, with details set out in the 2011 Budget Estimates. The €4 billion savings will accordingly be delivered in full by each Department and Office in 2011 as part of the normal process of expenditure management.

Banking Sector Regulation

Ciaran Lynch

Ceist:

107 Deputy Ciarán Lynch asked the Minister for Finance if the prudential liquidity assessment plan for Irish banks has been completed, as foreseen in the memorandum of understanding on specific economic policy conditionality, signed with the International Monetary Fund, to set out the target loan to deposit ratios to be achieved by end 2013 for each of the Irish banks; and if he will make a statement on the matter. [1373/11]

The Prudential Liquidity Assessment Review (PLAR) process is ongoing and proceeding according to schedule. The Deputy will be aware that within the EU/IMF Programme of Financial Assistance to Ireland, the Central Bank will complete the PLAR for 2011 by the end of March 2011. The PLAR process will look at the measures to be implemented with a view to steadily deleveraging the banking system and reduce the bank's reliance on short term funding by the end of the programme period. The setting of loan to deposit ratios is deferred on the initiative of the external authorities and targets will be informed by the Central Bank's ongoing PLAR work.

The target loan-to-deposit ratios, once agreed, are designed to ensure that convergence to Basel III standards can be readily met by the relevant dates. To this end, the PLAR will establish target funding ratios for each of the banks, identify non-core assets and set an adjustment path to these targets based on specified non public annual benchmarks. The design and implementation of the PLAR will be agreed with the European Commission, the ECB and the IMF. Compliance with the PLAR benchmarks will be monitored and enforced by the Central Bank taking account of prevailing market conditions. The PLAR will also be updated on an annual basis.

National Pensions Reserve Fund

Kieran O'Donnell

Ceist:

108 Deputy Kieran O’Donnell asked the Minister for Finance the amount of the National Pensions Reserve Fund that will be used for job creation initiatives; and if he will make a statement on the matter. [45800/10]

The National Pensions Reserve Fund (NPRF) was established in 2001 under the National Pensions Reserve Fund Act 2000. The purpose in establishing the NPRF was to meet as much as possible of the cost to the Exchequer of social welfare pensions and public service pensions to be paid from the year 2025 until at least 2055. The legislation was amended by the Investment of the National Pensions Reserve Fund and Miscellaneous Provisions Act 2009 and the Credit Insitutions (Stabilisation) Act 2010 to allow the Minister for Finance to direct the NPRF Commission, which is responsible for the control, management and investment of the assets of the Fund, to invest in credit institutions in certain circumstances, government and government-guaranteed securities and to make payments to the Exchequer to fund capital expenditure in the years 2011 to 2013.

The Commission is required to invest the assets of the Fund, excluding investments made at the direction of the Minister for Finance, so as to secure the optimal total financial return, having regard to the purpose of the Fund and the eventual requirements on the Fund to make payments to the Exchequer, provided the level of risk to the moneys held or invested is acceptable to the Commission. In relation to the creation of employment, the Government announced in the National Recovery Plan 2011-2014 that it would help identify public infrastructure investment opportunities for the NPRF and that the Commission had agreed in principle to fund the domestic water meter installation programme. The Fund is also a participant in Innovation Fund Ireland and has made other Irish venture capital investments. The Commission is of course required to satisfy itself that such investments are is in accordance with its investment mandate.

The latest published figure for the value of NPRF in 2010 is to the end of December, when the value of the Fund was €24.4 billion.

Tax Code

Caoimhghín Ó Caoláin

Ceist:

109 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance when the anomaly concerning the universal social charge will be dealt with in view of the fact that it has actually meant that self-employed persons earning more than €200,000 per annum are benefiting from these changes; and if he will make a statement on the matter. [1410/11]

I am aware of the issue the Deputy has raised concerning the Universal Social Charge and I will be considering it in the context of the Finance Bill and also in the overall context of income earners final liability to tax.

Deirdre Clune

Ceist:

110 Deputy Deirdre Clune asked the Minister for Finance in view of the collapse in tourist numbers visiting Ireland since the introduction of the airport travel tax, his views on whether this tax should be removed if the recently announcement policy of increasing the number of overseas tourists visiting here is to be achieved; and if he will make a statement on the matter. [44174/10]

I do not accept that the air travel tax has a material impact on tourism numbers. Prospective visitors will base their choice of destination on a range of issues. These will include the cost of travelling to a destination but are more likely to be influenced by the cost structure within that destination, and the range of activities and visitor attractions on offer. However, taking account of some of the comments made last year, I announced in the Budget a single revised rate of air travel tax of €3 with effect from 1 March 2011 and will assess the impact of this to see if passenger numbers are affected.

Banks Recapitalisation

Pearse Doherty

Ceist:

111 Deputy Pearse Doherty asked the Minister for Finance when he intends to inject funds into Anglo Irish Bank or any of the other banks; the way in which this will affect the reserve money to fund the State in 2012; and if he will make a statement on the matter. [1405/11]

Following is the information requested by the Deputy.

Capitalisation of Credit Institutions

Credit Institution

Cost of Share Acquisition

Cost of Preference Shares

Value of Promissory Notes Issued

Capital Provided to 31 December 2010

Additional CT1 required by Central Bank

€bn

€bn

€bn

€bn

€bn

Anglo Irish Bank

4.000

25.28

29.280

Allied Irish Banks

3.700

3.50

7.200

6.065

Bank of Ireland

1.700

1.80

3.500

2.199

Irish Nationwide Building Society

0.100

5.30

5.400

EBS Building Society

0.625

0.25

0.875

0.438

Total

10.100

5.30

30.80

46.300

8.700

*Cash received on cancellation of Warrants.

The table above sets out the amount of capital injected by the State into the Irish Banking System to date.

The Central Bank has set out the further capital that will be required by AIB, BOI and EBS in order for them to meet a 12% core tier 1 ratio by the end of February 2011 as agreed in the Programme for Financial Support with the IMF, EU and the ECB. In this regard, the position is as follows:

In order to meet its target AIB in December 2010 received a net capital injection of €3.7 billion from the National Pension Reserve Fund. To meet its core tier 1 ratio, it will require a further €6.1 billion which the State remains committed to meeting to the extent that it cannot be met through capital raising measures by the bank itself. This is expected to be met through a combination of fresh capital from the State, the execution of a liability management exercise in relation to existing subordinated debt holders and other capital generative measures ongoing by the bank.

The Central Bank has instructed Bank of Ireland to raise a further €2.2 billion to reach a 12% core tier 1 ratio by the end of February 2011. To date Bank of Ireland has raised some €700 million of this capital requirement through an LME exercise and intends to seek to generate the remaining required capital through a combination of internal capital management initiatives, support from existing shareholders and other capital markets sources. On 10 January 2011 Bank of Ireland announced the completion of the sale of Bank of Ireland Asset Management to State Street Global Advisors.

EBS is now required to raise an additional €438m Core Tier 1 capital to achieve a capital ratio of at least 12% core tier 1 by 28 February 2011. The final amount of additional State support, if any, will not be known until the outcome of the sales process is finalised.

With regard to the Promissory Notes for Anglo Irish Bank, INBS and EBS, the position is:

Anglo Irish Bank has been provided with €29.28 billion in capital, of which €25.28 billion was in the form of a Promissory Note. The terms of the Promissory Note provides that, inter alia, 10% of the initial principal amount shall be paid in March each year to the holder of the Note. In the case of Anglo, this amounts to €2.528m per annum, with the first such payment falling at the end of March 2011 from the Exchequer.

With regard to INBS, I have injected capital amounting to €5.4 billion into the society. This comprised a €100m cash injection in return for INBS Special Investment Shares and €5.3 billion by way of a Promissory Note. The terms of the INBS Promissory Note provides that, inter alia, 10% of the initial principal amount shall be paid in March each year to the holder of the Note. In the case of INBS, this amounts to €530m per annum, with the first such payment falling at the end of March 2011 from the Exchequer.

EBS has been provided with €875 million in capital. This comprised a €625 million cash injection in return for EBS Special Investment Shares and €250 million by way of a Promissory Note. The terms of the Promissory Note provides that, inter alia, 10% of the initial principal amount shall be paid in June each year to the holder of the Note. In the case of EBS, this amounts to €25 million per annum, with the first such payment falling at the end of June 2011 from the Exchequer.

These annual payments under the terms of the Promissory Notes, which are provided for in the budgetary arithmetic, will be provided through cash payments from the Central Fund.

Proposed Legislation

Willie Penrose

Ceist:

112 Deputy Willie Penrose asked the Minister for Finance the progress made with preparations for the introduction of a permanent special resolution regime for Irish banks; when he expects to publish the relevant legislation; and if he will make a statement on the matter. [1371/11]

The Credit Institutions (Stabilisation) Act 2010 provides the legislative basis for the reorganisation and restructuring of the banking system agreed in the EU-IMF Programme. It is the first step in putting in place an extensive Special Resolution Regime that will provide for a comprehensive framework to facilitate the orderly management and resolution of distressed credit institutions. In line with the commitment in the Programme agreed with the external authorities my Department is working in conjunction with the Central Bank of Ireland to publish legislation by end-February 2011 to strengthen the legal framework for dealing with distressed deposit-taking institutions. This draft legislation will broaden the available resolution tools with the aim of promoting financial stability.

Banking Sector Regulation

Liz McManus

Ceist:

113 Deputy Liz McManus asked the Minister for Finance if he will provide an update on the progress with the restructuring and consolidation of the Irish banking system; and if he will make a statement on the matter. [1375/11]

Billy Timmins

Ceist:

114 Deputy Billy Timmins asked the Minister for Finance the progress made in drawing up plans, in agreement with the European Commission, the European Central Bank and the International Monetary Fund, for the future restructuring and viability of credit institutions here; and if he will make a statement on the matter. [1317/11]

I propose to take Questions Nos. 113 and 114 together.

The State's primary consideration in its involvement in the banking system is to protect, in the public interest, the financial and economic system of the State. Therefore, the Government's actions in the banking area are designed, while minimising the cost to the taxpayer, to support the development of a reformed and reinvigorated banking system that can serve our economy in a proper manner and, within which, there is scope for all viable credit institutions operating in the Irish market to play their full part.

The agreed joint EU-IMF Programme of Financial Support builds upon the banking measures taken to date and provides for further reform and reorganisation of the banking sector. The objective of the Programme, in so far as it relates to banking, is to fundamentally downsize and reorganise the sector so that it is proportionate to the size of the economy. It also envisages that the sector will be capitalised to the highest international standards and will also be in a position to return to normal market sources of funding. The Programme provides for a range of deleveraging measures, including appropriate actions to dispose of assets, as well as the enhanced re-capitalisation of certain banks. To this end, the Government provided further capital of €3.7 billion to Allied Irish Banks, €6.1 billion to Anglo Irish Bank, €2.7 billion to INBS and €525 million to EBS in December to ensure these institutions met their year end 2010 regulatory requirements of the Central Bank of Ireland. This was consistent with the objective of the joint IMF-EU programme to move Allied Irish Banks, Bank of Ireland, Irish Life and Permanent and EBS towards higher levels of capital and additional steps will be taken in the current year.

Further restructuring and viability plans for the relevant credit institutions will be submitted to the European Commission, including plans for the resolution of Anglo Irish Bank and Irish Nationwide Building Society in a manner that will fully protect their depositors, realise the maximum value from the two institutions' non-NAMA assets over time and minimise capital losses.

Departmental Reviews

Jim O'Keeffe

Ceist:

115 Deputy Jim O’Keeffe asked the Minister for Finance if he will confirm that the independent review of his Department dealing with staffing structures and levels of expertise has been completed; his views on the recommendations therein; his proposals for implementation of same; and if he will make a statement on the matter. [1135/11]

The Report of the Independent Review Panel chaired by Mr. Rob Wright, former Head of the Department of Finance in Canada, has been completed. The Report reviews the performance of the Department over the past ten years, how it dealt with the current crisis and, based on this assessment, recommends changes for the future development, structure and staffing of the Department.

The Report provided a set of recommendations to modernise management, reform existing organisational structures and increase substantially technical economic and other skills, some of which will require consideration by Government.

Banking Charges

Emmet Stagg

Ceist:

116 Deputy Emmet Stagg asked the Minister for Finance his views on recent changes to the charging structure on current accounts by Bank of Ireland, a bank subject to significant taxpayer support; his further views on whether the imposition of the new fee structure will impact most heavily on those least able to pay, that is, those with the lowest incomes and with the lowest balances; if he proposes the introduction of countervailing measures to combat a potential rise in financial exclusion; and if he will make a statement on the matter. [1391/11]

I am disappointed that the bank is increasing charges for its current account customers but can understand why they are doing so. The Government operates an arm's length relationship with the banks in which the State has a shareholding and the commercial decisions on how best to operate the bank remain a matter for management and the board.

I have no role in approving or setting bank charges. This responsibility lies with the Central Bank. Under the Consumer Credit Act 1995, banks must make a submission to the Central Bank if they wish to introduce or increase charges in respect of a service.

I would also advise the Deputy that the National Consumer Agency's website www.itsyourmoney.ie provides a cost comparison table on the main current accounts provided by individual firms which includes details of how to qualify for free account maintenance and transactions.

As part of the restructuring plan process currently underway with the European Commission it has been proposed that the domestic banking sector will be required to support and promote the availability of a basic bank account. This is to be done in the context of the implementation of the Government's strategy on financial inclusion in the State.

Work is underway on a review of the options available to achieve greater financial inclusion, including the introduction of basic bank accounts by year end 2011. The objective of the review, which is being undertaken by the Social Finance Foundation on my behalf, is to identify recommended actions to achieve a substantial reduction in financial exclusion over a 3 — 5 year period.

The preparation of the review is being overseen by a steering group chaired by my Department and comprising key stakeholders. I expect to receive a draft report which sets out the recommendations from the review sometime in the first quarter of this year, and I intend to publish this for consultation purposes.

EU-IMF Programme of Financial Support

Pat Rabbitte

Ceist:

117 Deputy Pat Rabbitte asked the Minister for Finance in respect of commitments set out in the Memorandum of Understanding signed with the International Monetary Fund, EU Commission and European Central Bank, if he has commenced the weekly reporting requirements; if he will set out any such reports which have been submitted to date and the date on which they were submitted; the form in which the onsite surveillance being carried out by staff of the relevant institutions; and if he will make a statement on the matter. [1397/11]

The policy conditionality associated with the EU-IMF Programme for Ireland is set out in the Memorandum of Economic and Financial Policies (MEFP) and in the Memorandum of Understanding on Specific Economic Policy Conditionality. These documents together with the Technical Memorandum of Understanding which are collectively referred to as the MoU have been laid before the Houses of the Oireachtas.

Annex 1 of the MoU sets out the data to be provided to the European Commission, the ECB and the IMF authorities. As regards weekly reporting, this commenced on Friday 7 January. Information was provided in relation to the main Government spending and receipt items and the Government's cash position and this information is being made available on the website of the Department of Finance.

Thomas P. Broughan

Ceist:

118 Deputy Thomas P. Broughan asked the Minister for Finance the nature of the programme of external assistance negotiated with the International Monetary Fund; the gross interest charged by the IMF on the drawdown of Special Drawing Rights; the maturity of this lending arrangement; the nature and terms of the interest rate swap, currency swap or other derivate contracts related to the drawdown of SDRs by Ireland, including the margin or other cost charged on these contracts; the net interest, inclusive of associated derivate contracts, being paid by Ireland in respect of its drawdown of SDRs from the IMF; and if he will make a statement on the matter. [1366/11]

The Programme of Financial support for Ireland of up to €85 billion, including €17.5 billion from the Government's own resources, involving the IMF, the European Financial Stability Mechanism (EFSM), the European Financial Stability Facility (EFSF) and bilateral loans from the United Kingdom, Sweden and Denmark has been put in place to provide funding for the Exchequer as required to meet its ordinary needs and, if necessary, to provide support for the banking system.

The external assistance being provided is as follows

€22.5 billion from the European Financial Stabilisation Mechanism (EFSM)

€22.5 billion from the European Financial Stability Facility (EFSF) and bilateral loans from the UK, Sweden and Denmark.

€22.5 billion from the IMF.

The EU Commission estimated that the average interest rate on the €67.5 billion available to be drawn from the three external sources under the EU — IMF programme would be 5.82 per cent on the basis of market rates at the time of the agreement. The actual cost will depend on the prevailing market rates at the time of each drawdown. The average life of the borrowings, which will involve a combination of longer and shorter dated maturities, under each of these sources will be approximately 7.5 years.

The IMF lending is denominated in Special Drawing Rights (SDRs). The SDR comprises a basket of four currencies, Euro, Sterling, the US Dollar and Japanese Yen. The IMF's SDR lending rate is based on the three month floating interest rates for the currencies in the basket. In the presentation of the financial support programme the interest cost on the IMF's floating rate SDR lending was expressed by the EU as the equivalent rate if the funds were fully swapped into fixed rate Euro of 7½ years maturity and was estimated to be 5.7 per cent per annum. This expressed the interest rate in terms which could be compared with the cost of borrowing from the EU sources at the time of the agreement.

Banks Recapitablisation

Michael Noonan

Ceist:

119 Deputy Michael Noonan asked the Minister for Finance the progress being made to recapitalise AIB, Bank of Ireland and the EBS to a level of 12% Core Tier 1; and if he will make a statement on the matter. [1303/11]

The Central Bank has set out the further capital that will be required by AIB, BOI and EBS in order for them to meet a 12% core tier 1 ratio by the end of February 2011 as agreed in the Programme for Financial Support with the IMF, EU and the ECB.

In order to meet this target AIB in December 2010 received a net capital injection of EUR3.7bn from the National Pension Reserve Fund. It will require a further €6.1 billion which the State remains committed to meeting to the extent that it cannot be met through capital raising measures by the bank itself.

The Central Bank has instructed Bank of Ireland to raise a further €2.2 billion to reach a 12% core tier 1 ratio by the end of February 2011. To date Bank of Ireland has raised some €700 million of this capital requirement through an LME exercise and intends to seek to generate the remaining required capital through a combination of internal capital management initiatives, support from existing shareholders and other capital markets sources. On 10 January 2011 Bank of Ireland announced the completion of the sale of Bank of Ireland Asset Management to State Street Global Advisors.

In December 2010 €525 million of capital was injected into EBS building society in return for the issuance of special investment shares. The Central Bank has instructed that EBS must raise an additional €438 million to meet the revised target. The State remains committed to meeting the remaining capital requirement, to the extent that private capital is not forthcoming. In relation to the sales process two bids for EBS are now being considered; one from Irish Life & Permanent and the other from an international consortium led by Cardinal Capital Group. The process of final negotiations with these parties is continuing and it would not be proper for me to comment further on the detail at this stage.

National Asset Management Agency

Pat Rabbitte

Ceist:

120 Deputy Pat Rabbitte asked the Minister for Finance if he will set out any changes made or proposed to the structure of the National Asset Management Agency Special Purpose Vehicle in view of the banks’ imminent nationalisation; and if he will make a statement on the matter. [1396/11]

There are no proposals to make any changes to the structure of the NAMA SPV. The recent acquisition of a majority shareholding in AIB does not have any implications for the ownership structure in NAMA. While a group of clients of Allied Irish Banks Investment Managers, have invested €17m in the NAMA SPV, it is important to note that the beneficial owners of the investment are pension funds or other clients of these investment companies and not the parent credit institution.

In relation to the recent Exchequer Statement reclassification of the €49 million advance for share capital of the NAMA SPV, I can confirm that is purely a classification issue and has no impact on the ownership of the NAMA Master SPV. An advance was made to NAMA from the Central Fund to allow NAMA to acquire a 49% share in the NAMA Master SPV. The transfer from the Central Fund therefore is now correctly classified as a loan to NAMA as opposed to an investment in share capital acquired as this share capital isn't directly held by the Exchequer but held by NAMA. I would stress that this has no impact on the ownership of NAMA. This reclassification has no impact on the General Government Debt as the €49m is still accounted for as non-voted capital expenditure.

Proposed Legislation

Willie Penrose

Ceist:

121 Deputy Willie Penrose asked the Minister for Finance the new or amending legislation that arises from the EU/International Monetary Fund bailout; his plans for this legislation to be enacted before the general election; and if he will make a statement on the matter. [1370/11]

As the Deputy is aware, the Credit Institutions (Stabilisation) Bill 2010 was published on 14 December 2010, completed all Stages in the Houses of the Oireachtas over the course of 15 and 16 December 2010 and has been signed into law by the President as the Credit Institutions (Stabilisation) Act 2010. The Act provides the legislative basis for the reorganisation and restructuring of the banking system agreed in the joint EU — IMF Programme for Ireland. It provides broad powers to the Minister for Finance (in consultation with the Governor of the Central Bank of Ireland) to act on financial stability grounds to effect the restructuring actions and recapitalisation measures envisaged in the Programme. The Act applies to banks that have received financial support from the State, domestic building societies and credit unions.

The Act is the first important step in putting in place an extensive Special Resolution Regime (SRR) that will provide for a comprehensive framework to facilitate the orderly management and resolution of distressed credit institutions. As agreed under the Programme, draft legislation providing for the introduction of a comprehensive SRR, consistent with best international practice and the evolving EU framework, is scheduled for introduction to the Oireachtas by end-February 2011.

The Credit Institutions (Stabilisation) Act 2010 also provides for the amendment of the National Pensions Reserve Fund Act 2008 to facilitate the State's own contribution to the EU/IMF Programme of Financial Support for Ireland over the next three years.

In addition to the Credit Institutions (Stabilisation) Act, the NAMA legislation will be amended to underpin the valuation and acquisition of land and development loans below a value threshold of €20m.

The Provisional Collection of Taxes Act 1927 effectively requires that the Finance Act must be enacted within four months of Budget Day. For this year's Budget Day of 7th December, the Finance Bill has to be signed by the President by 6th April. The Finance Bill 2011 will be published on 20th January 2011 and is scheduled to have passed all stages by the 25th February 2011.

The Social Welfare Act, 2010 has been passed. Provisions announced in the National Recovery Plan 2011-2014 in relation to the National Minimum Wage and the reduction of public service pension costs require legislation, and to this end the Financial Emergency Measures in the Public Interest (No. 2) Bill 2010 has been approved by both Houses of the Oireachtas.

In the National Recovery Plan 2011-2014, the Government sets out proposals for a range of budget reforms to underpin the sustainability of the Irish public finances into the future, including a Budget Advisory Council to provide an independent commentary on the Government's budgetary planning, by means of assessing the appropriateness of the budgetary stance and the aggregate targets being adopted; a medium term expenditure framework to ensure that public expenditure is managed within fixed, sustainable limits; and a Fiscal Responsibility Law to put key reform measures on a statutory basis. These commitments are also reflected in the EU/IMF Programme of Financial Support for Ireland. The Government intends to bring forward a Fiscal Responsibility Bill in the near future.

Other areas where it is at present envisaged that legislation will arise in the context of the EU-IMF Programme are detailed in the Memorandum of Understanding which was laid before the Houses of the Oireachtas on 14 December 2010. Many of the proposals concerned are already contained in the National Recovery Plan. These include measures related to the labour market including measures designed to reduce the risk of long-term unemployment; increases to the state pension age under the Government's National Pension Framework; and legislative changes to remove restrictions to trade and competition in sheltered sectors and to enhance competition in open markets.

Banks Recapitalisation

Kathleen Lynch

Ceist:

122 Deputy Kathleen Lynch asked the Minister for Finance the timeline for the completion of the Prudential Capital Assessment Review on minimal capital requirements for the Irish Banks; when he expects any capital needs arising from the PCAR to be met by the Exchequer; the mechanism by which he intends to meet these capital needs whether by promissory notes, direct transfer from the Central Fund, direct transfer from the National Pension Reserve Fund and so on; and if he will make a statement on the matter. [1369/11]

The Deputy will be aware that the plan to reorganise the banking system in Ireland is a key part of the EU/IMF Programme of Financial Assistance to Ireland. This reorganisation has several elements, which will be bolstered by raising capital standards. While I expect that, in a restructured system, banks will be able to raise capital in the market, I recognise that the higher standards may imply that public provision of capital could be needed in the short term for banks that are deemed to be viable. To support this process — and to render it credible — the Central Bank is undertaking a review of the capital needs of banks, called the Prudential Capital Assessment Review 2011, or PCAR, on the basis of current asset valuations and stringent stress tests. This review will build on the previous PCAR announced in my Statement to Dáil Éireann of 30 September 2010, and is due to be completed by 31 March 2011.

The design and planning of the PCAR are already well under way and the terms of reference for its design and implementation have already been agreed between the Central Bank, the European Commission, IMF and ECB staff. Bank of Ireland, Allied Irish Banks, ILP and EBS will be subject, as previously announced, to a stress test in March 2011 under the Central Bank's PCAR methodology. If, as a result of the PCAR, banks are assessed to require additional capital, the Central Bank may impose this requirement on them.

The PCAR, along with all the other measures being taken to stabilise the banking system, should enhance confidence in the solvency of the banking system in Ireland.

As the Deputy is aware, the National Pension Reserve Fund will provide up to €10 billion of the State's €17.5 billion contribution to the €85 billion EU-IMF programme. Any further capital requirements, if required, arising from the PCAR will be subject to alternative sources of financing, subject to the agreement of the Irish Authorities and the International Bodies.

Credit Availability

Joanna Tuffy

Ceist:

123 Deputy Joanna Tuffy asked the Minister for Finance his views on the availability of credit to families and businesses here; and if he will make a statement on the matter. [1392/11]

Under the NAMA legislation, both AIB and Bank of Ireland are required to lend €3bn per annum (covering the period April to April) to SMEs. In my statement on banking at the end of March 2010, I asked AIB and Bank of Ireland to produce creditable plans for the achievement of that target. The Deputy will be aware that my Department and Mr. Trethowan of the Credit Review Office receive monthly progress reports from the two banks which allow us to monitor their lending to viable businesses in all sectors of the economy and in every area of the country. I also established the Credit Review Office to ensure that AIB and Bank of Ireland would lend to viable businesses. Mr. Trethowan has recently reported to the Department that both AIB and Bank of Ireland remain open for business and I would strongly encourage borrowers to use the Credit Review Office if they find this is not so.

Mr. Trethowan also found no evidence that banks have been indiscriminately refusing credit on formal loan applications. He also reported that no trade sector or geographical region was adversely affected by lending decisions

My officials are working on an ongoing basis with their colleagues in the Department of Enterprise, Trade and Innovation, the Credit Review Office, Enterprise Ireland and Forfás to address access to credit issues for viable SMEs.

In relation to credit to families, I am not aware of any specific difficulties with access to personal credit from credit worthy individuals. The latest figures on mortgage lending published by the IBF/PWC for quarter 3 of 2010 show that while new mortgage lending continues to be low, it is still running at over €1 billion per quarter.

Public Sector Expenditure

Mary Upton

Ceist:

124 Deputy Mary Upton asked the Minister for Finance if the shortfall, with reference to the target in Health Service Executive staff applying for the incentivised early retirement or redundancy scheme, will impact on savings in the public sector pay bill for 2011 as set out on budget day; if he plans to introduce other measures or such schemes to make up any shortfall; and if he will make a statement on the matter. [1394/11]

The savings targets for 2011 are as set out in the Budget Estimates and now form part of the allocation for each Department and Agency over the coming year. These savings targets are based on a reduction of public service numbers to 301,000 by the end of 2011, through the continued implementation of the moratorium on recruitment, and other savings to be realised through a range of reform measures, including those set out in the Croke Park Agreement. The contribution of the health sector voluntary early retirement (VER) scheme/voluntary redundancy scheme (VRS) to these savings was provisionally estimated at around €123 million, with a corresponding reduction in the numbers employed of some 2,250 staff on a whole-time equivalents (w.t.e.) basis, based on an up-front cost ceiling of €250 million and depending on the take up of the early retirement/voluntary redundancy options between management/administrative and support staff. As is normal, each Department and Agency will be expected to take appropriate steps to remain within their 2011 Estimate allocation. The delivery of the required savings, including payroll savings, will be monitored closely and any necessary policy adjustments would have to be considered in that overall context during the course of 2011 and later years.

I understand that the latest figures on take up under the VER/VRS is approximately 2,000 on a headcount basis but my Department is still awaiting final figures on costs and savings from the HSE and the Department of Health and Children. It would be a matter for the HSE and Department of Health and Children in the first instance to assess the implications of the actual take up of the scheme and to make proposals to my Department in the matter, if appropriate.

Subordinated Debt

Brian O'Shea

Ceist:

125 Deputy Brian O’Shea asked the Minister for Finance the extent to which the subordinated bondholders of Irish banks in receipt of State support have been made shoulder some of the burden for their unwise investments; if he will provide a breakdown by institution of the total outstanding subordinated debts and their market values; the total subordinated liabilities paid back in full or in part since the introduction of the blanket bank guarantee in September 2008; the timescale and the mechanism for the imposition of further burden sharing on these subordinated bondholders; the amount of capital he expects to generate in this manner; and if he will make a statement on the matter. [1376/11]

As detailed in the following tables, holders of subordinated debt in the covered institutions have experienced significant burden sharing which reduced the amount of State support that has been required by them. As set out in the tables, several of the institutions have carried out Liability Management Exercises (LMEs) in which their subordinated debt has been subject to buy-backs at very significant discounts. The Deputy will also be aware as part of the Joint Programme agreed with the EU and IMF at the end of November last, the Government is committed to achieving further burden sharing with holders of subordinated debt over the period of the programme. In line with the terms of the agreement and my Statement on Banking in September 2010 this will be achieved through deeply discounted LMEs or, if necessary, and subject to the provisions of the Credit Institutions Stabilisation Act enacted late last year by legislative means. The information requested by the Deputy is set out in the tables following:

Allied Irish Banks Capital Qualifying Securities

Market value of subordinated debt

Capital generated

€m

€m

€m

Subordinated Debt at 30 September 2008

6,247

4,347

Nil

Subordinated Debt outstanding at 7 January 2011

4,775

1,246

Nil

Subordinated Debt bought back or which matured between 29 September 2008 and 7 Jan 2011 at full book value

No maturities or buy backs

Nil

Nil

Subordinated Debt bought back as part of an LME in the period 30 Sept 2008 to 7 Jan 2011*

4,586

3,053*

1,533*

(The above are subject to Currency fluctuations)

*Market Value and Capital generated adjusted for €13m of costs.

Anglo Irish Bank

€m

Indicative Market Price of subordinated debt

Capital generated€m

Subordinated Debt at 30 September 2008

€4,850 (€Equivalent)

€ Lower Tier 2 73/81

Nil

$ Lower Tier 2 58/65

£ Upper Tier 2 56/58

Tier 1 30/40

Subordinated Debt outstanding at 7 January 2011

* €768 (€Equivalent)

N/A — illiquid

Nil

(US PP USD200mio

Lower Tier 2 last traded at 25)

Subordinated Debt bought back or which matured between 29 September 2008 and 7 Jan 2011 at full book value

€0 — No Subordinated debt bought-back from the external market at par.

July 2009

Nil

€ Lower Tier 2 54/56

£ Upper Tier 2 36/38

Tier 1 26/28

October 2010

€ Lower Tier 2 24/28

£ Upper Tier 2 8/12

Tier 1 5/8

Subordinated Debt bought back as part of an LME in the period 30 Sept 2008 to 7 Jan 2011

€4,100

July 2009

2009 LME: €1,800 equity gain.

(€Equivalent)

€ Lower Tier 2 54/56

2009 LME Prices:

£ Upper Tier 2 36/38

Lower Tier 2 bought back at 55

Tier 1 26/28

Upper Tier 2 bought back at 37

Tier 1 bought back at 27

October 2010

2010 LME: €1,600 equity gain. Note this number is draft and unaudited (excludes tax, regulatory and other accounting adjustments)

2010 LME Prices:

€ Lower Tier 2 24/28

Lower Tier 2 exchanged at 20 — clean up call 1 cent per €1,000

£ Upper Tier 2 8/12

Upper Tier 2 & Tier 1 Consent fee of 5

Tier 1 5/8

Notes:

Please note exchanges rates as at 31 December 2010 have been used where possible in order to provide a corresponding EUR equivalent.

*Included in the total figure of €0.768bn of subordinated debt is the sum of €0.348bn which relates to 300,000 Non-Cumulative Preference Shares.

The inclusion of these preference shares in the bank's subordinated debt is required by accounting rules notwithstanding that they are now owned by the Minister as they remain technically a debt due to the shareholder on a winding up, albeit one ranking after all other debtors.

Bank of Ireland

Market value of subordinated debt

Capital generated

€m

€m

€m

Subordinated Debt at 30 September 2008

8,474

Nil

Nil

Subordinated Debt outstanding at 7 January 2011

2,808

1,346

Nil

Subordinated Debt bought back or which matured between 29 September 2008 and 7 Jan 2011 at full book value

Maturity (1,350)

Nil

Nil

New Issues (as part of LM)

1,345

Subordinated Debt bought back as part of an LME in the period 30 Sept 2008 to 7 Jan 2011

5,692

3,293

2,533*

*Gain includes unwind of hedge adjustments.

EBS Building Society

Market value of subordinated debt

Capital generated

€m

€m

€m

Subordinated Debt at 30 September 2008

217.5

Indicative Market Value Range (EBS Treasury) €141m to €152m

Nil

Subordinated Debt outstanding at 7 January 2011

213.1

Indicative Market Value Range (EBS Treasury) €64m to €75m

Nil

Subordinated Debt bought back or which matured between 29 September 2008 and 7 Jan 2011 at full book value

Nil

Nil

Nil

Subordinated Debt bought back as part of an LME in the period 30 Sept 2008 to 7 Jan 2011

Nil

Nil

Nil

Irish Life & Permanent

Nominal Amount

Market value of subordinated debt

Capital generated

€m

€m

€m

Subordinated Debt at 30 September 2008

1,348

1,525

Nil

Subordinated Debt outstanding at 7 January 2011

1,467

765

Nil

Subordinated Debt bought back or which matured between 29 September 2008 and 7 Jan 2011 at full book value

Nil

Nil

Nil

Subordinated Debt bought back as part of an LME in the period 30 Sept 2008 to 7 Jan 2011

Nil

Nil

Nil

Irish Nationwide Building Society

Nominal Amount

Market value of subordinated debt

Capital generated

€m

€m

€m

Subordinated Debt at 30 September 2008

316

188.06

Nil

Subordinated Debt outstanding at 7 January 2011

171

31.6

Nil

Subordinated Debt bought back or which matured between 29 September 2008 and 7 Jan 2011 at full book value

Nil

Nil

Nil

Subordinated Debt bought back as part of an LME in the period 30 Sept 2008 to 7 Jan 2011

267

Nil

120

Banks Recapitalisation

Emmet Stagg

Ceist:

126 Deputy Emmet Stagg asked the Minister for Finance if he will provide an update on progress made with the introduction of basic bank accounts as foreseen in the original bank recapitalisation agreement in December 2008, to tackle financial exclusion; and if he will make a statement on the matter. [1390/11]

As part of the restructuring plan process currently under way with the European Commission it has been proposed that the domestic banking sector will be required to support and promote the availability of a basic bank account. This is to be done in the context of the implementation of the Government's strategy on financial inclusion in the State. Work is under way on a review of the options available to achieve greater financial inclusion — including the introduction of basic bank accounts by year end 2011. The objective of the review, which is being undertaken by the Social Finance Foundation on my behalf, is to identify recommended actions to achieve a substantial reduction in financial exclusion over a 3-5 year period.

The preparation of the review is being overseen by a steering group chaired by my Department and comprising key stakeholders. I expect to receive a draft report which sets out the recommendations from the review sometime in the first quarter of this year, and I intend to publish this for consultation purposes.

Proposed Legislation

Michael D'Arcy

Ceist:

127 Deputy Michael D’Arcy asked the Minister for Finance his plans to amend the National Assets Management Agency legislation; and if he will make a statement on the matter. [1311/11]

The Programme of Financial Support for Ireland provides for financial sector reforms including further deleveraging of the banks which is to be in part achieved by transferring land and development loans from AIB and Bank of Ireland to NAMA which had been previously excluded from transfer by virtue of their being below a value threshold of €20m. The Programme requires that "[t]he NAMA legislation will be amended to underpin the valuation and acquisition of these assets on a portfolio basis" and that NAMA will apply different discounts to categories of loans "based on NAMA's loan valuation experience up to the point of valuation.". I will be introducing proposals to amend the legislation in near future to allow for the transfer of these pooled categorised eligible assets.

Financial Reserves

Pearse Doherty

Ceist:

128 Deputy Pearse Doherty asked the Minister for Finance the amount of the reserves at the Central Bank; the extent of the National Pensions Reserve Fund at this time; and if he will make a statement on the matter. [1404/11]

I am informed by the Central Bank that the most recent published figure for the accounting reserves of the Bank is €1.5 billion. At 31 December 2010 the total value of the National Pensions Reserve Fund was €24.4 billion. This figure comprised €9.5 billion in the Directed Portfolio (the value of investments in Bank of Ireland and Allied Irish Banks held on the direction of the Minister for Finance) and €14.9 billion in the Discretionary Portfolio (the balance of the Fund excluding directed investments).

As announced on 28 November 2010, the assets of the National Pensions Reserve Fund are to be used as part of the State's €17.5 billion contribution to the €85 billion EU-IMF programme of lending to this country.

Mortgage Arrears

Denis Naughten

Ceist:

129 Deputy Denis Naughten asked the Minister for Finance the steps he will take to address the financial pressure facing families with mortgage difficulties; the discussions, if any, he has had with Irish Financial Services Regulatory Authority on the issue; and if he will make a statement on the matter. [48335/10]

The Deputy will be aware of the Government's commitments to helping families in difficulty with their mortgages and personal debt under the Renewed Programme for Government and in that context the recent work completed by the Mortgage Arrears and Personal Debt Expert Group (Expert Group) which was set up by me last February. The Deputy will also be aware that the Expert Group produced two Reports, an Interim Report published in July 2010 and their Final Report published in November 2010. The Expert Group, which was chaired by Mr. Hugh Cooney, included Mr. Matthew Elderfield, Head of the Irish Financial Services Regulatory Authority as well as other external experts and senior officials from Government Departments. All of the Expert Group's recommendations are listed in Chapter 2 of the Final Report and have been noted by Government. They can be accessed at www.finance.gov.ie. Since the publication of the Reports the Code of Conduct for Mortgage Arrears (CCMA) has been revised by the Central Bank to reflect many of the recommendations of the Expert Group including key recommendations relating to the introduction by all regulated lenders of a standardised Mortgage Arrears Resolution Process (MARP). The most significant changes in the revised CCMA include:

Borrowers in arrears who co-operate with the Mortgage Arrears Resolution Process (MARP) will not be charged penalty interest charges;

Harassment of borrowers through unsolicited communications will be outlawed;

Borrowers in financial difficulties, but not in arrears, will be allowed to come under the MARP. And

Clarifying the existing 12 month moratorium on legal action in arrears cases.

The revised CCMA was published on 6 December 2010 and came into effect on 1 January 2011. The revised CCMA can be accessed at www.centralbank.ie. Lenders are required to comply with the CCMA as a matter of law but have been given a period of six months grace ending on 30 June 2011 to put in place the requisite systems and training of staff necessary to support the implementation of the MARP. In addition the Central Bank has also written to lenders to issue directions under Section 149 of the Consumer Credit Act 1995 which will mean that lenders cannot impose arrears charges or penalty interest on borrowers who are co-operating with the MARP.

The Expert Group's recommendations are intended to be of benefit to both lender and borrower and it is assumed that lenders will cooperate and implement the recommendations or variations of them as soon as possible. Failure to comply with the revised CCMA may result in sanctions under the Administrative Sanctions Framework.

Lenders representing the majority of the market have already indicated their willingness to implement the Expert Group's proposals for a Deferred Interest Scheme (DIS) or a variation of it and the remaining participants will be requested to do so. The Deputy will be aware from media reports that AIB, Bank of Ireland, EBS, and Irish Life and Permanent are reported to have signed up to the DIS. The DIS is to apply to those homeowners unable to pay full interest on their mortgages but able to pay at least 66%. While the DIS is voluntary for all lenders, those who have signed up in support of the scheme will be monitored by the Financial Regulator to ensure compliance.

The Deputy may wish to note that in addition to those recommendations being implemented through amendments to the CCMA, other recommendations will require legislative support involving my Department, the Departments of Social Protection (DSP), Environment, Heritage and Local Government (DEHLG), Justice and Law Reform (DJLR).

In the case of my own Department, recommendations to do with the scope and the admissibility in Court of the CCMA will be examined in the context of the preparation of the second Central Bank Bill.

In order to implement those recommendations in relation to the mortgage interest supplement scheme (MIS) changes to both primary and secondary legislation will be required. The Department of Social Protection is currently developing an implementation plan that will set out a framework for the future of the scheme.

New regulations and guidance are currently being developed by DEHLG in the context of the social housing reform programme to provide that housing authorities could disregard the household's current accommodation for the purposes of determining eligibility for social housing support. I am informed that work is ongoing on the development of a new needs assessment process which will allow an earlier trigger point for the social housing needs assessment process to take place where a case has been determined to be unsustainable in the long term, following exploration of all other options. It has already been indicated by the Minister for Justice and Law Reform to the House on several occasions that he intends to give early attention to the Final Report on Personal Debt Management and Debt Enforcement of the Law Reform Commission which was recently published. That Report contains recommendations on comprehensive reform of the system of personal insolvency law in Ireland.

As I have said the Financial Regulator was a member of the Expert Group on Mortgage Arrears and staff in my Department are in regular contact with staff in the Central Bank on matters to do with the implementation of the Expert Group's recommendations.

Insurance Industry

Richard Bruton

Ceist:

130 Deputy Richard Bruton asked the Minister for Finance his plans to tackle increases in insurance costs; the person or agency that has responsibility for their implementation; the timeframe for their implementation; and if he will make a statement on the matter. [45388/10]

I am considering how best to implement the commitment contained in the National Recovery Plan 2011-2014 to identify further ways to tackle increases in insurance costs. I am aware of the increased pressure on insurance premiums in recent times particularly in the household insurance area. Much of this is due to the unprecedented level of claims which the insurance industry suffered in the winter of 2009/2010. The insurance industry estimated that, between the November 2009 flooding and the big freeze at the start of 2010, they have paid out about 550 million euro worth of claims. The industry has put the level of claims in further context by indicating that the insured cost of these two weather events exceeded the total cost of all serious weather events that have occurred in the last decade. This cost was estimated at 358 million euro. A further increase in the number of claims is expected because of the recent inclement weather.

Even in advance of the weather-related claims, market analysts had identified and reported on a number of important market developments that were expected to lead to upward pressure on premiums. For example, the 2009 Standard & Poors report on the non-life insurance market warned that the next few years were likely to mark a testing time for Irish non-life insurers. In particular, the report highlighted that underwriting profitability would become much more important due, for example, to the volatility of global stock markets amongst other factors. The report noted the importance of price discipline to ensure the long-term economics of the insurance marketplace.

Finally, the Deputy might wish to note that neither the Central Bank nor I, in my role as Minister for Finance, can prohibit or restrict an insurance company from increasing its annual premium rates. This is a commercial decision for the company in question based on an assessment of the risks involved.

Question No. 131 answered with Question No. 95.

Financial Services Sector

Michael D. Higgins

Ceist:

132 Deputy Michael D. Higgins asked the Minister for Finance the date on which he intends to proceed with the disposal or merger of Irish credit institutions in which the State has a majority or controlling stake, particularly Irish Nationwide and Educational Building Society; when he expects to make a final decision on any such disposals or mergers; and if he will make a statement on the matter. [1398/11]

A comprehensive reorganisation and downsizing of the banking sector was agreed under the Programme of Financial Support for Ireland as part of the financial sector reform measures. The State has given an undertaking to divest the stakes it has taken in the banks due to the financial crisis within the shortest timeframe possible which is compatible with financial stability and public finance considerations. Regarding INBS, I had previously indicated in my statement of 30 September 2010 that INBS does not have a future as a stand-alone entity and will have to be sold or amalgamated with another institution. To that end proposals are under active consideration, and will shortly be submitted to the European Commission, that will provide for the resolution and work-out of INBS in a manner that will fully protect its depositors and realise the maximum value for the taxpayer from its non-NAMA assets over time.

In relation to the EBS sales process two bids are now being considered; one from Irish Life & Permanent and the other from an international consortium led by Cardinal Capital Group. The process of final negotiations with these parties is continuing and it would not be proper for me to comment further on the detail at this stage.

Proposed Legislation

Terence Flanagan

Ceist:

133 Deputy Terence Flanagan asked the Minister for Finance when legislation will be introduced to establish a budgetary advisory council to provide an independent assessment of the his budgetary position and forecasts; and if he will make a statement on the matter. [1314/11]

Brian O'Shea

Ceist:

138 Deputy Brian O’Shea asked the Minister for Finance his plans for the establishment of a Budgetary Advisory Council; if he plans to put this Council on a statutory footing and the date on which he intends to publish the relevant legislation; his views on the need for a Budget Commissioner or similar office to facilitate enhanced information flows necessitated by the proposed new budgetary timeline; and if he will make a statement on the matter. [1379/11]

I propose to take Questions Nos. 133 and 138 together.

In the National Recovery Programme 2011-2014, the Government commits to the introduction of a Budget Advisory Council to provide independent assessment of the Government’s economic forecasts and proposed fiscal stance. This commitment is also reflected in the programme of support agreed with the EU and IMF.

The Government intends to bring forward a Fiscal Responsibility Bill in the near future which will provide for the establishment of the envisaged Budget Advisory Council and other matters. As the role of the envisaged Budget Advisory Council is to provide independent assessment of the Government's economic forecasts and the fiscal stance, I have no plans to provide for a Budget Commissioner or similar office as proposed by the Deputy's party.

I note that the proposed new budgetary timeline, including the publication of a Stability Programme Update in April of each year, should facilitate the Dáil and its relevant Committees in engaging more effectively with the budget formation process.

Tax Code

Dan Neville

Ceist:

134 Deputy Dan Neville asked the Minister for Finance his plans to increase the higher rate of VAT; and if he will make a statement on the matter. [1315/11]

No change in the 21% standard rate of VAT was announced in the 2011 Budget. However, as part of the National Recovery Plan, it is proposed that the standard rate of VAT will increase by 1 percentage point to 22% from 1 January 2013, with a further increase on 1 January 2014 to 23%. The combined yield from these measures is expected to be €620m in a full year and should increase inflation by 0.72%.

The VAT changes are being introduced in the second half of the period covered by the Plan. It was decided that the initial years of the Plan should focus of fiscal measures in the areas of income tax, pensions and tax expenditures. For example, some 65% of the total income tax adjustments outlined in the Plan are being made in 2011. In addition the VAT take in Ireland is already relatively high by international standards.

Bank Guarantee Scheme

Aengus Ó Snodaigh

Ceist:

135 Deputy Aengus Ó Snodaigh asked the Minister for Finance the amount of senior and subordinated bonds outstanding in Anglo Irish Bank as at 29 September 2008; the amount of senior and subordinated bonds outstanding in Anglo Irish Bank as at 30 September 2008 which were covered by the bank guarantee scheme; the amount of senior and subordinated bonds in Anglo Irish Bank which matured between 30 September 2008 and 29 September 2010 and since 29 September 2010; the amount of senior and subordinated bonds in Anglo Irish Bank bought back by the bank; the amount of senior and subordinated bonds currently outstanding in Anglo Irish Bank covered by the eligible liabilities guarantee; the amount of senior and subordinated bonds currently outstanding in Anglo Irish Bank outside the scope of eligible liabilities guarantee; and if he will make a statement on the matter. [1412/11]

The detailed information requested by the Deputy is set out in the tables below. Holders of subordinated debt in the bank have in particular, following the outcome of the Liability Management Exercise (LME) concluded by the bank late last year, experienced very significant burden sharing through the very deep discounts offered for these liabilities.

Date

Senior Unsecured bonds outstanding

Subordinated bonds outstanding

Additional Information

29 September 2008

€11.0 billion (EMTN, US Extendible, Schuldshein)

€.4.8 billion (Dated & Undated)

30 September 2008

€11.0 billion (EMTN, US Extendible, Schuldshein)

€2.1 billion (Dated)

Covered by Bank Guarantee Scheme

Bonds Maturing

Date

Senior Unsecured bonds matured

Subordinated bonds matured

Additional Information

Between 30 September 2008 & 29 September 2010

€14.6 billion

NIL

Since 29 September 2010

€192 million

NIL

Scheduled contractual maturities since 29 September 2010.

Liability Management Exercise

As the result of Liability Management Exercises (LMEs) performed by the bank in 2009 and 2010 the following exchanges and cancellation/early maturities have occurred since 29 September 2010:

*Voted Yes: Exchanged

**Market — Voted No or No Vote: Cancelled/ Matured

***Anglo — No Vote: Cancelled/ Matured

SUBORDINATED DEBT:

€1,504,538,500

€119,668,250

€750,793,250

*Noteholders voting yes receive consent fee.

*Bonds offered by noteholders voting yes (exchanged for ELG senior unsecured notes).

**Bonds held by noteholders who voted ‘no' or elected not to vote (bonds redeemed through the clean up call).

***Bonds held by Anglo Irish Bank Ltd following the LME process in 2009. (the bonds were cancelled as part of the LME process in December 2010.)

Outstanding

Date

Senior Unsecured bonds bought back

Subordinated bonds bought back/ exchanged

Additional Information

Between 30 September 2008 – 31 December 2010

€177.6 million

€4.1 billion

Prior to Maturity

Date

Senior Unsecured bonds

Subordinated bonds

Additional Information

Currently outstanding in Anglo Irish Bank covered by the Eligible Liabilities Guarantee Scheme

€2.9 billion

NIL

Subordinated Debt is not “covered” under the ELG Scheme

Currently outstanding in Anglo Irish Bank not covered by the Eligible Liabilities Guarantee Scheme

€3.9 billion

€768 million*

*Included in the total figure of €0.768bn of subordinated debt is the sum of €0.348bn which relates to 300,000 Non-Cumulative Preference Shares.

The inclusion of these preference shares in the bank's subordinated debt is required by accounting rules notwithstanding that they are now owned by the Minister as they remain technically a debt due to the shareholder on a winding up, albeit one ranking after all other debtors.

Note: Please note exchanges rates as at 31 December 2010 have been used where possible in order to provide a corresponding EUR equivalent.

EU-IMF Programme of Financial Support

Martin Ferris

Ceist:

136 Deputy Martin Ferris asked the Minister for Finance the way in which the quarterly reviews, as agreed with the EU and the International Monetary Fund under the Memorandum of Understanding, will be undertaken; the outcome in the event that he does not meet the terms under the review; if he will introduce any emergency budgets or measures if they have fallen short of what is expected by the EU/IMF under the terms of the package agreed by them; and if he will make a statement on the matter. [1408/11]

The policy conditionality associated with the EU-IMF Programme for Ireland is set out in the Memorandum of Economic and Financial Policies and in the Memorandum of Understanding on Specific Economic Policy Conditionality. These documents together with the Technical Memorandum of Understanding which are collectively referred to as the MoU have been laid before the Houses of the Oireachtas. The position in relation to quarterly reviews is summarised in the following extract from the MoU. "The quarterly disbursement of financial assistance from the European Financial Stabilisation Mechanism (EFSM) On 28 November 2010 Eurogroup and ECOFIN Ministers issued a statement clarifying that euro-area and EU financial support will be provided on the basis of the programme which has been negotiated with the Irish authorities by the Commission and the IMF, in liaison with the ECB. Further to the Union support from the EFSM, loans from the EU and its Member States will include contributions from the European Financial Stability Facility (EFSF) and bilateral lending support from the United Kingdom, Sweden, and Denmark. The Loan Facility Agreements on these financing contributions will specify that the disbursements thereunder are subject to the compliance with the conditions of this Memorandum will be subject to quarterly reviews of conditionality for the duration of the programme. Release of the instalments will be based on observance of quantitative performance criteria, respect for EU Council Decisions and Recommendations in the context of the excessive deficit procedure, and a positive evaluation of progress made with respect to policy criteria in the Memorandum of Economic and Financial Policies (MEFP) and in this Memorandum of Understanding on specific economic policy conditionality (MoU), which specifies the detailed criteria that will be assessed for the successive reviews up to the end of 2013. If targets are (expected to be) missed, additional action will be taken.

The authorities commit to consult with the European Commission, the ECB and the IMF on the adoption of policies that are not consistent with this Memorandum. They will also provide the European Commission, the ECB and the IMF with all information requested that is available to monitor progress during programme implementation and to track the economic and financial situation. Prior to the release of the instalments, the authorities shall provide a compliance report on the fulfilment of the conditionality."

As the Government is committed to ensuring compliance with the policy conditionality of the MoU, the question of emergency budgets or measures is not at present envisaged.

Official Engagements

Pádraic McCormack

Ceist:

137 Deputy Pádraic McCormack asked the Minister for Finance if he proposes to meet the German Chancellor, Ms Angela Merkel, to discuss her recent comments in relation to sovereign States debt levels; and if he will make a statement on the matter. [43320/10]

As the Deputy will be aware, there is an ongoing debate at European level in relation to sovereign debt levels and how these might be reduced. While I am aware of the Chancellor's views, I do not currently have any plans to meet with Chancellor Merkel in relation to the matter mentioned by the Deputy. However, I am in regular contact with my European colleagues, including the German Finance Minister Herr Schåuble, through the monthly Eurogroup and Ecofin meetings of Finance Ministers. Similarly, the Taoiseach meets Chancellor Merkel, and the other European Heads of State, at the regular Council of Minister meetings. These fora offer regular opportunities for emerging proposals and issues to be discussed both formally and informally.

Question No. 138 answered with Question No. 133.

Banking Charges

Jim O'Keeffe

Ceist:

139 Deputy Jim O’Keeffe asked the Minister for Finance if additional banking charges, such as those recently announced by the Bank of Ireland, are referred to him for consultation or approval prior to being passed on to the customer; and if he will make a statement on the matter. [1136/11]

I have no function in the approval of banking charges. This is a matter for the Central Bank, which has statutory responsibility in this area. Under section 149 of the Consumer Credit Act 1995, banks may only impose charges up to the maximum levels approved by the Central Bank. Where a bank has exempted customers who meet certain criteria from charges, and subsequently change the criteria, there is no requirement for any subsequent notification to, or approval by, the Central Bank provided the charges are within the permitted limits.

Any proposed changes to charges or qualifying criteria must be notified to customers in advance. In the case of current accounts the minimum notice period is two months and must be in accordance with terms and conditions of the account.

Section 149 of the Consumer Credit Act 1995, applies to credit institutions, money transmitters and bureaux de change.

Question No. 140 answered with Question No. 97.

Departmental Expenditure

Bernard J. Durkan

Ceist:

141 Deputy Bernard J. Durkan asked the Minister for Finance to indicate the extent, if any, to which he and or his Department has monitored significant over or under spending for the end of year 2010 in the respective Departments; the reasons given for any such variation emerging; if any further action is contemplated in the event of further departure from budgetary targets in 2011; and if he will make a statement on the matter. [1363/11]

Current spending was 0.6% or €231 million above profile and capital expenditure was -1.4% or -€82 million below profile.

Brian Hayes

Ceist:

142 Deputy Brian Hayes asked the Taoiseach the cost to his Department from 2007 in respect of providing all computer, hardware and software, in his private and constituency office in tabular form; and if he will make a statement on the matter. [48162/10]

The cost to my Department from 2007 in respect of providing all computer, hardware and software, in my private and constituency offices is set out below.

Year

Private Office

Constituency Office (in DOT)

Constituency Office (in Tullamore)

2007

€7,214.02

Nil

Nil

2008

€559.02

€3,429.75

Nil

2009

Nil

Nil

Nil

2010

Nil

Nil

Nil

The costs outlined above are in respect of PCs allocated to staff in these offices during a Department-wide desktop refresh, the purchase of a scanner and the replacement of a printer.

No new hardware or software was supplied to my Constituency Office in Tullamore. Any hardware replaced in this office was replaced with items with a Nil asset value from existing pre-used stock.

Joan Burton

Ceist:

143 Deputy Joan Burton asked the Taoiseach the details of any standing arrangements or contact between him and a company (details supplied) for the purpose of carrying out cost-benefit analysis on policy changes; the total sum paid in respect of any such arrangement in each of the past five years; and if he will make a statement on the matter. [48178/10]

Joan Burton

Ceist:

144 Deputy Joan Burton asked the Taoiseach if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48192/10]

I propose to take Questions Nos. 143 and 144 together.

In 2010, following a public tender process, Indecon International Economic Consultants were awarded the contract to provide technical economic assistance to officials in Government Departments conducting Regulatory Impact Analyses (RIAs) and other technical exercises relating to the Better Regulation agenda. The aim is to help Departments improve the quality of the quantitative assessment of legislative proposals.

In the OECD Report on Better Regulation in Ireland (November 2010), the OECD recognised the need to improve the quality of quantitative analysis conducted in this context and to make greater use of this support. An earlier independent Review of the Operation of RIA, which was published in 2008, also recommended maintaining this support for Departments. Departments must seek the prior approval of the Department of the Taoiseach to avail of this support. In 2010, €13,929.70 was spent under this contract.

Separately, in 2007, following a tender process, Indecon International Economic Consultants conducted a review of the Irish Annuities Market. The Review was undertaken under the auspices of the Partnership Pensions Review Group comprising of representatives of Government Departments, the Pensions Board, IBEC and ICTU, and established under the terms of Towards 2016. The report of this review was published in October 2007. The cost of this review was €133,100.

Departmental Websites

Liz McManus

Ceist:

145 Deputy Liz McManus asked the Taoiseach the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48210/10]

My Department has 8 websites.

Department of the Taoiseach Websites

Site

Annual Support & Maintenance Charges

www.taoiseach.gov.ie

1,815.00

www.onegov.ie (formerly www.bettergov.ie)

1,815.00

www.betterregulation.ie

1,815.00

www.orp.ie

1,815.00

www.activecitizenship.ie

1,815.00

www.inp.ie

NIL

1www.forumoneurope.ie

NIL

www.merrionstreet.ie

2NIL

1 The www.forumoneurope.ie website is no longer active but will continue to be available as an information resource.

2 There is no annual support and maintenance charge in respect of merrionstreet.ie. Ongoing technical maintenance and support of the site is being provided by staff in my Department’s IT Unit with support from an external web services company on an “as needs” basis .

In addition to the above costs the total cost of hosting all eight sites for 2010 was €17,834.

Number of Unique Visits

SITE

Number of Unique Visits

www.taoiseach.gov.ie

8,115

www.onegov.ie (formerly www.bettergov.ie)

2,235

www.betterregulation.ie

1,002

www.orp.ie

310

www.activecitizenship.ie

411

www.inp.ie

633

*www.forumoneurope.ie

www.merrionstreet.ie

9,943

National Economic and Social Development Office Websites The National Economic and Social Development Office (NESDO), which includes its constituent body the National Economic and Social Council (NESC), comes under the aegis of my Department. There are five websites in operation in the NESDO.

Site

Annual Support & Maintenance Charges

www.nesdo.ie

2,893.00

www.nesc.ie

726.00

www.nesf.ie

nil

www.ncpp.ie

nil

www.futuresireland.ie

nil

In addition to the above costs the total cost of hosting all five sites for 2010 was €99.28.

Following the dissolution in April 2010 of two constituent bodies of the NESDO, the National Economic and Social Forum (NESF) and National Centre for Partnership and Performance (NCPP), NESDO is reducing its websites to one. This work is currently under way. This website will include both NESDO and NESC, and will also incorporate pages from the websites of the former bodies, the NESF and NCPP, as well as the Futures Ireland Website.

Number of Unique Visits

SITE

Number of Unique Visits Per Month

www.nesdo.ie

25

www.nesc.ie

1,050

www.nesf.ie

150

www.ncpp.ie

50

www.futuresireland.ie

475

Citizen Honours System

Finian McGrath

Ceist:

146 Deputy Finian McGrath asked the Taoiseach if he will examine again the proposal to introduce the honours system in Ireland in order to honour citizens that have made a positive contribution to Irish society. [48270/10]

I believe that the introduction of a national honours system would require all-party agreement if it were to proceed.

As you are aware from previous replies, my predecessor, who shared this view, wrote to the main opposition party leaders in 1999, with a view to initiating discussions on the matter. It was evident, however, that there was not the cross-party support at the time to proceed with such a scheme. He wrote to party leaders in relation to this matter again in 2007 but not all the parties responded.

The timing of any further approach to opposition party leaders would have to take cognisance of other political priorities at the time.

Question No. 147 answered with Question No. 1.

Performance Management Systems

Lucinda Creighton

Ceist:

148 Deputy Lucinda Creighton asked the Taoiseach the performance management systems implemented in his Department as specified in the Public Service Agreement 2010; and if he will make a statement on the matter. [48322/10]

A Performance Management and Development System (PMDS) was introduced for the Civil Service, including my Department, in 2000 and has been subject to ongoing evaluation and improvement since then. In 2002, the system was expanded to include Upward Feedback, and in 2005 agreement was reached between management and staff unions to integrate PMDS with wider HR policies and processes from 1 January 2007. Under this agreement, PMDS appraisals and ratings were linked directly to promotions, increments and higher scale posts. This integrated system has been operating in my Department since then.

The Public Service Agreement 2010-2014 contains a commitment ‘to introduce significantly improved performance management across all Public Service areas, and following the current review, the Performance Management and Development System will be strengthened with promotion and incremental progression linked in all cases to performance and the implementation of appropriate systems to address under-performance, including, where appropriate, training or, where necessary, through disciplinary procedures'.

In the civil service, work is well under way on achieving this goal. The 2010 evaluation of PMDS has been completed, and negotiations have begun with the unions in relation to how PMDS can be strengthened. My Department is committed to implementing initiatives which may arise from these negotiations.

Departmental Staff

Lucinda Creighton

Ceist:

149 Deputy Lucinda Creighton asked the Taoiseach the number of staff working within his Department who are employed on a short-term, temporary or consultative basis in the years 2009, 2010; the costs of payment to such staff in each of those years; the number of any such staff who have been previously employed in the public service; and if he will make a statement on the matter. [48323/10]

The information sought by the Deputy regarding the number of staff employed by my Department on a short term, temporary or consultative basis and the payments made to them in 2009 and 2010 is set out in the table below. The figures mentioned do not include political appointees or staff seconded to my Department on a temporary basis from other Departments or other parts of the public service. According to my Department's records only one of the five staff concerned was previously employed in the public service.

Year

Number Employed

Cost

2009

2

3,435.44

2010

3

35,119.50

Departmental Expenditure

Lucinda Creighton

Ceist:

150 Deputy Lucinda Creighton asked the Taoiseach the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1180/11]

No money was spent by my Department on opinion polling and focus group research in 2007, 2008, 2009 and 2010.

Lucinda Creighton

Ceist:

151 Deputy Lucinda Creighton asked the Taoiseach the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1195/11]

There is currently one public body under the aegis of my Department, the National Economic and Social Development Office (NESDO). The number of mobile telephones paid for by NESDO in each of the years 2006, 2007, 2008, 2009 and 2010 and the total cost of paying mobile telephone bills in each of those years is set out below.

Year

Number of Mobile Phones

Cost of paying mobile telephone bills

2006

16

11,109

2007

16

10,752

2008

17

9,022

2009

16

9,877

2010

9

8,634

Lucinda Creighton

Ceist:

152 Deputy Lucinda Creighton asked the Taoiseach the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1210/11]

The number of mobile devices paid for by my Department in each of the years 2006, 2007, 2008, 2009 and 2010 and the total cost of paying mobile device bills in each of those years is set out below.

Year

Number of mobile devices

Cost of paying mobile device bills

2006

209

150,502

2007

232

167,415

2008

238

200,192

2009

167

108,442

2010

159

85,214

The figures above are in respect of all mobile devices i.e. Mobile Phones, Blackberries and Mobile Connect Cards.

Unemployment Levels

Charlie O'Connor

Ceist:

153 Deputy Charlie O’Connor asked the Taoiseach the latest unemployment figures in respect of Tallaght social welfare office in Dublin 24. [1291/11]

The Live Register series gives a monthly breakdown of the number of people claiming Jobseekers Benefit, Jobseekers Allowance and other registrants as registered with the Department of Social Protection. Figures are published for each county and local social welfare office.

The most recent Live Register figures available are for December 2010. The table below contains the numbers signing on in Tallaght local office on the last Friday of December 2010.

It should be noted that the Live Register is not a definitive measure of unemployment as it includes part-time workers, and seasonal and casual workers entitled to Jobseekers Benefit or Allowance.

Office of the Attorney General

Alan Shatter

Ceist:

154 Deputy Alan Shatter asked the Taoiseach in respect of the past five years if he will detail the number of court cases initiated against the State defended by the Office of the Attorney General; the number of such cases lost by the State upon completion of the litigation process; the number of cases won by the State; the number of cases settled; the number of cases not pursued or withdrawn by the plaintiff and the number of such cases currently outstanding before the courts. [1593/11]

The information requested by the Deputy in this question is being compiled by the Office of the Attorney General and the Office of the Chief State Solicitor and will be forwarded to him as soon as possible.

Alan Shatter

Ceist:

155 Deputy Alan Shatter asked the Taoiseach the arrangements which exist within the Attorney General’s Office for the selection and appointment of counsel to represent the State in litigation; the names of those counsels in each of the past five years who have been instructed by the State and the fees paid to them in each of the past five years. [1594/11]

The information requested by the Deputy in this question is being compiled by the Office of the Attorney General and the Office of the Chief State Solicitor and will be forwarded to him as soon as possible.

Alan Shatter

Ceist:

156 Deputy Alan Shatter asked the Taoiseach the circumstances, if any, in which the Attorney General’s office in each of the past five years sought advice from or instructed a private firm of solicitors to represent the State or provide legal advices on any legal matter for the benefit of the State; the arrangements or protocols currently in place to facilitate the obtaining of such advice, the names of such firms from where such advice was sought or representation obtained and the fees paid to them in each of the past five years. [1595/11]

The information requested by the Deputy in this question is being compiled by the Office of the Attorney General and the Office of the Chief State Solicitor and will be forwarded to him as soon as possible.

Legal Services

Alan Shatter

Ceist:

157 Deputy Alan Shatter asked the Taoiseach in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1627/11]

Alan Shatter

Ceist:

159 Deputy Alan Shatter asked the Taoiseach with regard to legal services used by his Department, any Body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitors firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1657/11]

I propose to take Questions Nos. 157 and 159 together.

My Department did not obtain legal advice from a firm of solicitors or from Senior or Junior Counsel, other than through the Office of the Attorney General, during the period in question.

In 2006, the National Economic and Social Development Office (NESDO), which is the only agency under the aegis of my Department, conducted a competitive tendering process for the provision of legal advice and the contract was awarded to Mason Hayes Curran. Expenditure on legal services by NESDO in 2008 amounted to €18,001.29. The details are set out in the following table:

Body

Reason for Procurement

Fees paid

NESDO

Legal advice re procurement of NESDO IT System

336.50

National Economic and Social Forum (NESF)

Legal advice on recruitment

9,081.38

National Economic and Social Council (NESC)

Legal advice on a Memorandum of Understanding with the Korean Economic and Social Development Commission

841.25

National Centre for Partnership and Performance (NCPP)

Legal advice on National Workplace Surveys contracts for ESRI and Amarach

7,742.16

There was no expenditure on legal services by NESDO in 2009 or 2010.

Legal Proceedings

Alan Shatter

Ceist:

158 Deputy Alan Shatter asked the Taoiseach in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s Office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1642/11]

In 2008, proceedings were initiated by Derek Byrne, Margaret McNicholl & Justice for the Forgotten to seek access to the files of the McEntee Commission of Investigation — which are held, sealed, in my Department. In defending this case the State is honouring commitments of confidentiality given by Mr. McEntee in the course of his inquiries. The case is currently before the High Court and representation is being provided by the Chief State Solicitor's Office.

In 2009, proceedings were initiated by John Burke in the High Court, to bring judicial review proceedings in respect of a proposal to hold a constitutional referendum on the Lisbon Treaty on 2 October, 2009.

The High Court found in favour of the State on 3 September, 2009. Legal representation for the State was provided by the Chief State Solicitor's Office. The case was then appealed to the Supreme Court. On 22 September, the Supreme Court concurred with the High Court and ruled in favour of the State. Costs were awarded to the State following the High Court proceedings, but not in the case of the Supreme Court proceedings. Details as follows:

High Court

Solicitor's fees — €6,250.

Barristers fees — €13,974.86.

Supreme Court

Barristers fees — €12,973.62.

Question No. 159 answered with Question No. 157.

FÁS Training Programmes

Phil Hogan

Ceist:

160 Deputy Phil Hogan asked the Tánaiste and Minister for Education and Skills further to Parliamentary Question No. 75 of 25 November 2010, if she will provide further details of the new training and internship proposal under consideration by the Government for the unemployed, including unemployed graduates; the source of this proposal; its operating arrangements, scope and providers; the projected number of participants; the proposed funding; and if she will make a statement on the matter. [48106/10]

My Department has proposed and the Government has approved the Skills Development and Internship Programme which is a new enterprise-led labour market activation initiative aimed at those who are at least three months unemployed. This programme aims to enable the unemployed maintain their links with the labour market while also facilitating their upskilling and reskilling, thereby improving their employability.

It is intended that the maximum duration for participants on the programme will be 15 months, which will comprise of a 12 month placement with host organisations in the private or community and voluntary sectors and the potential for a further 3 months to facilitate education and training. By providing a 12 month placement coupled with a substantial education and training offering it is intended that the programme will provide a structured pathway to employment for those who are unemployed.

Firms who participate in the programme will contribute €150 per week per participant that they place. This will be used to finance the costs of the programme. The Government has also allocated €5m in Budget 2011 towards the costs of the programme.

FÁS will have responsibility for managing the programme. Participants on the programme who are in receipt of social welfare benefits will continue to receive an allowance equivalent to their social welfare entitlement. Participants will also receive an ‘Upskilling Bonus' of €100 per week during the actual 12 month placement phase of the programme.

The success of the programme will be entirely dependent on enterprises embracing the programme and offering quality placements to the unemployed. The Government have made provision for up to 5,000 places to be supported under this programme; however, this is subject to the level of interest and uptake by enterprises.

Operational details of the programme are currently being prepared and it is expected that the programme will be operational towards the end of the first quarter of 2011.

Further Education

Paul Nicholas Gogarty

Ceist:

161 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills if a certificate (details supplied) is fully recognised; and if she will make a statement on the matter. [48117/10]

Paul Nicholas Gogarty

Ceist:

162 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills if a certificate (details supplied) is not a fully recognised certificate, if a student currently on the course and in receipt of a back to education allowance can proceed to another FETAC level 6 course and still be in receipt of the back to education allowance; and if she will make a statement on the matter. [48118/10]

Paul Nicholas Gogarty

Ceist:

163 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills if a student on passing examinations from a course (details supplied) can then proceed to a degree course with the certificate achieved from the course; and if she will make a statement on the matter. [48119/10]

I propose to take Questions Nos. 161 to 163, inclusive, together.

My Department has requested information in relation to the certificate mentioned by the Deputy and will respond directly to the Deputy when this information is to hand.

In relation to the Back To Education Allowance, this allowance 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.

Higher Education Institutions (HEIs) including universities, institutes of technology and private colleges are autonomous institutions. They are also academically independent and reserve the right to determine the criteria for admission to any course run by the institution. It is therefore a matter for individual institutions to determine whether a student meets the eligibility criteria laid down by the institution.

The position is that students with appropriate FETAC Level 5/6 (NCVA Level 2/3) qualifications and modules may be admitted on a competitive basis to certain degree programmes run by third level institutions. In addition to the minimum entry requirements specific Higher Certificate and Ordinary Degree courses may have specific FETAC module or FETAC award requirements which are listed in individual institution prospectuses. In certain institutions a quota of places is reserved for applicants presenting FETAC level 5/6 awards. Such applicants are assessed separately from all other applicants.

Applicants presenting FETAC Awards should contact the relevant HEI to establish how FETAC awards are assessed and to obtain information on eligibility and the admissions process for the course they wish to apply for.

School Transport

Michael D'Arcy

Ceist:

164 Deputy Michael D’Arcy asked the Tánaiste and Minister for Education and Skills if school pupils with bus passes in rural areas where school buses are not currently running because of icy and snow-covered roads, may use their tickets to avail of Bus Éireann services to travel to schools in areas where parents can travel to the nearest pick-up town or village; and if she will make a statement on the matter. [48127/10]

Bus Éireann operates the school transport services on behalf of my Department, while the operation of Bus Éireann public passenger services does not come under the remit of my Department.

The organisation of school transport services is a major logistical operation which involves the planning of bus routes in such a way as to ensure that, as far as possible, eligible pupils have a reasonable level of service while, at the same time, ensuring that school transport vehicles are fully utilised in an efficient and cost effective manner. Safety of children travelling on the school transport services is of paramount importance to my Department and to Bus Éireann.

Bus Éireann informed local and national media of developments regarding availability of services during the latest severe weather event and is also part of the Inter-Agency Co-ordination Committee that managed the response.

Parents of eligible pupils who are affected by adverse weather conditions, as detailed by the Deputy, should liaise with the school authorities and the local Bus Éireann office regarding school openings and the availability of school transport services. Bus Éireann has advised that tickets issued under the School Transport Scheme are not general commuter style bus tickets for use on multiple services, but instead offer a seat on a specific service to and from school.

Michael D'Arcy

Ceist:

165 Deputy Michael D’Arcy asked the Tánaiste and Minister for Education and Skills if parents of school students who pay €300 per annum for school bus tickets will have a portion of the money refunded in rural areas where school buses have been unable to access for almost three weeks now due to recent snow and ice; and if she will make a statement on the matter. [48128/10]

The school transport scheme, which is operated by Bus Éireann on my Department's behalf, facilitates the transportation of over 123,000 children to primary and post-primary schools each day including approximately 8,000 children with special educational needs.

School transport is a very significant national operation involving about 42 million journeys and over 82 million kilometres on 6,000 routes every school year. This service is delivered using a mix of BE, both school transport and road passenger vehicles, private contractor vehicles including private operator scheduled services, and Dublin Bus, Irish Rail, DART and LUAS where practical.

Post Primary pupils who are eligible for school transport under the terms of the Post Primary School Transport Scheme pay €300 per annum subject to a maximum family charge of €650. Eligible pupils who hold valid medical cards are exempt from these charges.

These payments represent a contribution towards the overall cost of school transport and do not reflect the true economic cost of providing school transport services. There is no provision, within the terms of the scheme, to consider refunding a portion of these charges in the circumstances outlined by the Deputy.

Departmental Expenditure

Brian Hayes

Ceist:

166 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills the cost to her Department from 2007 in respect of providing all computer, hardware and software, in her private and constituency office in tabular form; and if she will make a statement on the matter. [48154/10]

Staff in Ministerial offices in my Department are equipped with a standard suite of computer hardware and software including a PC, access to a printer, network connectivity, standard office software and business applications to support their work similar to all other staff and exact costs for all aspects of the service are not readily available.

Computer equipment in the Minister's private office in the Department's Head Office does not change substantially on change of Minister. However, new equipment and services may be necessary depending on the location of the Minister's constituency.

My Department's records indicate that the cost to the Department of providing all computer hardware and software in Ministerial private and constituency offices from 2007 was:

€7,083 in 2007,

€4,771 in 2008,

€552 in 2009 and

€9,906 in 2010.

Joan Burton

Ceist:

167 Deputy Joan Burton asked the Tánaiste and Minister for Education and Skills if she will set out any sum of money paid by her Department to a company (details supplied) in each of the past five years; and if she will make a statement on the matter. [48184/10]

The amount of money paid by my Department during the years 2006, 2007, 2008, 2009 and 2010 to Indecon is outlined in a tabular statement.

The 2006 payment relates to the development of guidelines and a template in respect of Cost-Benefit Analyses as required under the "Guidelines for the Appraisal and Management of Capital Expenditure Proposals in the Public Sector".

The 2008 and 2010 payments relate to the preparation of evaluation reports on EU-funded programmes by Indecon on behalf of the Department and in accordance with European Commission requirements.

2006

2007

2008

2009

2010

€73,205.00

NIL

€104,084.20

NIL

€59,283.96

Departmental Websites

Liz McManus

Ceist:

168 Deputy Liz McManus asked the Tánaiste and Minister for Education and Skills the number and cost of each website that falls under her remit; the number of unique visitors per month to each website; and if she will make a statement on the matter. [48202/10]

The annual cost of maintaining my Department's website in 2010 was €25,684.50. This figure incorporates the cost of an annual maintenance contract, a search engine licence and the Department's contribution to the Local Government Computer Services Board (LGCSB) for hosting the website. There were on average 55,031 unique visitors to this website per month last year.

To expedite claims and streamline the application process for the Energy Efficiency Scheme announced in May 2009 (this scheme is now closed) a new website www.energyeducation.ie was developed in partnership with the Sustainable Energy Authority of Ireland. The cost involved in setting up and maintaining this website in 2008 was €35,315.26. In 2010 the annual cost of maintaining the site was €12,095.16. There were on average 1,012 unique visitors to this website per month last year. As the Deputy will be aware the European Social Funds Unit transferred from the Department of Enterprise, Trade and Innovation (D/ETI) to my Department in May 2010. In 2010 €1,084.25 was spent on an associated website www.esf.ie. There were on average 893 unique visitors to this website per month last year.

In addition the Early Years Education Policy Unit of my Department pays annual recurring fees totalling approximately €315 in order to retain two websites on-line. The www.cecde.ie website relates to the Centre for Early Childhood Development and Education which ceased operations in 2008, while the www.siolta.ie website relates to Síolta — The National Quality Framework for Early Childhood Education in Ireland. Monthly Figures for the number of unique visitors to these two sites is not readily available.

Higher Education Grants

Billy Timmins

Ceist:

169 Deputy Billy Timmins asked the Tánaiste and Minister for Education and Skills the position regarding a third level grant appeal in respect of a person (details supplied) in County Wicklow; if this case can be re examined and awarded; and if she will make a statement on the matter. [48239/10]

I can confirm to the Deputy that an appeal was received by my Department on 17/11/10 from the student to which he refers in relation to an unsuccessful application for a student grant.

The appeal was examined and a decision issued to the student on 18/11/2010.

The original decision of the awarding authority was upheld as the reckonable income in this case exceeded the income limits prescribed for grant eligibility in the applicable grant scheme.

Third Level Staff

Ruairí Quinn

Ceist:

170 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills if she will provide a breakdown of academic and non-academic staff employed for each individual institution, in all of the seven universities, all higher education authority designated colleges and all the institutes of technology during the periods December 2008, December 2009 and December 2010; and if she will make a statement on the matter. [48284/10]

Data are available on the numbers of academics and non-academics employed at the end of 2008 and 2009 and are given in the table below. The latest data for December, 2010 are being collated currently and will be forwarded directly to the Deputy as soon as possible.

The figures show a reduction in staffing numbers across the institutions since 2008 in line with the Government's recruitment and promotion moratorium. The purpose of the Government decision to implement a recruitment and promotion moratorium in the public sector is to facilitate a permanent, structural reduction in the numbers of staff serving in the public sector and is intended to contribute significant and ongoing savings to the Exchequer.

In the area of higher education, the Government agreed that an Employment Control Framework (ECF) be developed to provide for the application of the moratorium arrangements to higher education institutions, subject to the continued oversight and review by the HEA and both my Department and the Department of Finance. The Government is anxious to work with the publicly funded higher education institutions in achieving necessary reductions in public expenditure within the sector as an essential part of overall budgetary strategy. The ECF aims to enable this while providing some flexibility around recruitment in the filling of posts. It is a matter for the individual higher education institutions to manage their staffing resources in the context of implementing the framework.

The framework, covering the period up to 31 December, 2010, required the higher education institutions to achieve a minimum 6% reduction in the number of overall core staff by the end of 2010 as compared with the numbers in place at 31 December 2008. The recently published National Recovery Plan includes provision for the application across the public service of an updated ECF, covering the period 2011 to 2014, aimed at significantly reducing the overall public sector paybill. Details of the specific application of the ECF in the education area are being finalised at present.

University and other designated HEA Colleges — Academic — V — Non Academic

UCD

UCC

NUIG

NUIM

TCD

UL

DCU

MIC

SPD

NCAD

MDI

St Ang

Total

December 2008

Academic

1,190.03

781.30

780.54

262.00

757.92

522.00

501.77

136.31

145.50

78.00

27.00

58.00

5,240.37

Non-Academic

1,561.69

1,130.70

889.80

319.00

1,133.79

577.00

441.66

129.00

81.45

72.20

19.35

60.00

6,415.64

December 2009

Academic

1,084.49

742.11

757.12

255.50

709.76

510.20

484.80

134.09

141.00

73.20

26.00

52.50

4,970.77

Non-Academic

1,483.44

1,081.14

841.53

308.50

1,092.54

555.00

426.10

133.36

79.05

74.30

17.35

57.50

6,149.81

UCD = Univesity College Dublin; DCU= Dublin City University; UCC= University College Cork; MIC = Mary Immaculate College, Limerick; NUIG= National University of Ireland, Galway; SPD = St. Patricks Training College, Drumcondra; NUIM= National University of Ireland, Maynooth; NCAD= National College of Art and Design, Dublin; TCD= Trinity College Dublin; MDI=Mater Dei Institute, Dublin; UL= University of Limerick; St. Ang = St Angela's College, Sligo.

Institutes of Technology Staff — Academic — V — Non Academic

Athlone

ITB

Carlow

Cork

Dublin

Dundalk

DLIADT

GMIT

LKIT

LIT

Sligo

Tallaght

Tralee

WIT

Total

December 2008

Academic

272.20

119.93

221.79

656.17

953.73

299.50

128.33

394.05

197.53

307.73

301.00

211.58

226.10

579.38

4869.02

Non-Academic

274.30

82.67

157.01

353.49

1,172.37

243.90

87.88

311.53

143.72

200.57

187.00

156.03

141.80

508.42

4,020.69

December 2009

Academic

255.49

134.42

211.62

608.34

1,110.91

290.75

119.72

372.14

177.66

307.26

294.00

208.21

211.62

540.41

4,842.55

Non-Academic

248.79

83.13

146.09

346.73

940.39

231.61

86.27

297.29

177.62

200.30

176.00

148.02

131.28

423.35

3,636.87

ITB= Institute of Technology, Blanchardstown; DLIADT= Dun Laoghaire Institute of Art and Design; GMIT= Galway/Mayo Institute of Technology; LKIT= Limerick Institute of Technology; LIT= Letterkenny Institute of Technology; WIT= Waterford Institute of Technology.

Other 3rd Level Institutes — Academic — V — Non Academic Staff

TRBDI

DIAS

RIA

RIAM

DDH

CoE

December 2008

Academic

53.40

49.00

61.00

45.00

55.60

62.30

Non-Academic

75.70

30.00

29.25

23.00

87.40

31.70

December 2009

Academic

52.90

46.00

57.50

44.00

54.61

56.70

Non-Academic

68.02

32.50

27.25

25.20

83.39

43.30

TRBDI = Tipperary Rural Business Development Institute; DIAS = Dublin Institute for Advanced; RIA = Royal Irish Academy; RIAM = Royal Irish Academy of Music; DDH = Dublin Dental Hospital; CoE = Colleges of Education (not under the Higher Education Authority).

FÁS Training Programmes

Paul Nicholas Gogarty

Ceist:

171 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills if it is possible for teachers to complete the probationary diploma year with the new voluntary scheme for teachers; and if she will make a statement on the matter. [48304/10]

My Department issued circular 66/2010 which permits schools to participate in the FÁS Work Placement Programme (WPP) if they so wish.

In the event that primary teachers in a placement under the FÁS Work Placement Programme can meet the conditions associated with the operation of the primary probationary process as outlined in circular 58/2010, there will be nothing to preclude them from applying to be probated.

The probationary process must be completed satisfactorily by teachers if they are to fulfil the conditions of their registration with the Teaching Council, the body with statutory responsibility for the registration of teachers in Ireland. The probationary period ends when the Teaching Council is satisfied that both the service requirement and the professional competence requirement are fully met.

The Inspectorate of my Department evaluate the professional competence of teachers for the purposes of informing the Teaching Council's decisions regarding the registration of primary teachers and set down the criteria used in the inspection of the work of teachers. Limerick Education Centre administers the probationary process on behalf of the Inspectorate and applications for the evaluation of the professional competence aspect of the probationary process should be made to this Centre in the first instance.

School Accommodation

Ruairí Quinn

Ceist:

172 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills if she has received correspondence from a school (details supplied); if she has agreed to lease a new premises for this school on a 12-year lease; if she will issue a written commitment to this effect; and if she will make a statement on the matter. [48324/10]

My Department advised the school authority in August 2010 that it was not in a position to grant aid the relocation of the school in question to another property. In reaching this decision, my Department considered the costs associated with a relocation together with the fact that a building project is being advanced which will provide a permanent solution for the long term accommodation needs of the school. An improved rental quotation for the property in question was recently submitted by the school authority to my Department. The proposal is being assessed and a decision will be conveyed to the school authority in due course.

The Deputy will be aware that a new school building is being provided for the school in question. I am pleased to advise the Deputy that my Department expects to commence the tender process for the appointment of a Design Team for the project in the near future. My officials will be in contact with the school authority in this regard at that point.

FÁS Training Programmes

Paul Nicholas Gogarty

Ceist:

173 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills if there are any circumstances, where a person on a FÁS training course and who is not in receipt of a social welfare payment can receive a training allowance from FÁS; and if she will make a statement on the matter. [48332/10]

In Budget 2010, in order to maximise the impact of budgets for training the unemployed, the Government decided to cease the payment of FÁS training allowance to new entrants to FÁS training courses who are not entitled to Jobseeker's Benefit/Allowance. Since February 2010, participants must confirm their entitlement to Jobseekers Benefit/Allowance with the Department of Social Protection prior to commencing a FÁS course.

FÁS training courses are open to all unemployed persons. However, if a participant is not entitled to Jobseekers Benefit/Allowance from the Department of Social Protection at the commencement of the course, then he/she does not receive a FÁS training allowance.

There are some exceptions. For example, those whose entitlement to Jobseekers Allowance/Jobseekers Benefit ceases during their participation on a FÁS course retain their allowance until the end of the course. Also, those under 18 who continue on a course after the age of 18 (mainly early school-leavers in Community Training Centre's) retain their allowance without having to prove their entitlement to Jobseekers Allowance/Job Seekers Benefit.

Departmental Contracts

P. J. Sheehan

Ceist:

174 Deputy P. J. Sheehan asked the Tánaiste and Minister for Education and Skills the criteria for the decision in 2008 to appoint a company (details supplied) as the provider of occupation health services to her Department; the tendering process employed to make this appointment; the other companies who tendered for this work; the fee per consultation paid by her to the company; and if she will make a statement on the matter. [48413/10]

A contract to provide an occupational health service for teachers was awarded in 2008. My Department sought proposals on the open market for the provision of the service and, as a result of an EU competitive tendering process, the successful company was selected based on the following criteria: Expertise and Skills Cost of Providing Service Quality and Technical Merit Management and Service Structure.

Fees paid to the company are not based on a per consultation basis but rather are based on a fixed annual rate.

Five other companies participated in the tender and I will arrange to have the details of those companies forwarded to the Deputy.

School Catchment Areas

Finian McGrath

Ceist:

175 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills the position regarding the school catchment area in respect of a person (details supplied) in Dublin 15. [48422/10]

The question of enrolment in individual schools is the responsibility of the managerial authority of those schools. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice.

It is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act, 1998. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

Section 29 of the Education Act 1998, provides parents with an appeal process where a board of management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to either the relevant Vocational Educational Committee or to the Secretary General of my Department.

The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The Board can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.

School Services Staff

Finian McGrath

Ceist:

176 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if he will support a matter regarding a school (details supplied). [48524/10]

The Boards of Management of schools are responsible for the employment of school secretaries and it is a matter for each school to determine the level of secretarial and caretaking needs required for the school. Funding to cater for these needs is made available from my Department under two separate schemes.

One is the 1978/79 scheme under which my Department meets the full cost of salary and the school secretaries are paid directly through my Department's payroll. The 1978/79 scheme is being phased out as posts become vacant and no new posts are being created.

The 1978/79 scheme has been superseded by a more extensive school support grant scheme towards the funding of ancillary services in schools including secretarial services. The scheme is flexible in nature giving Boards of Management and schools discretion as to the manner in which these services are provided. In relation to the application of Circular 0070/2010 in schools, I would like to point out that the Financial Emergency Measures in the Public Interest (No 2) Act 2009 (the Act) determined the criteria for reducing the pay of public servants with effect from January 2010. However, when the Act was introduced, there was a question as to how a public servant should be determined for the purposes of this Act. Subsequently, following receipt of legal advice, it has now been determined that all staff employed by a recognised school or VEC come within the definition of "public servant" solely for the purposes of the Act.

In view of the time lapse involved in reaching a determination on this issue, the Minister for Finance has allowed for a temporary exemption from the application of the Act for certain categories of public servants up until 31 December 2010.

Accordingly, my Department outlined that adjustments in salary should be applied with effect from 1 January 2011, to all relevant staff in the employment of recognised schools or VECs, who were not already affected by the pay reductions introduced under the Act. One of the categories of staff affected by Circular 0070/2010 was school secretaries.

Special Educational Needs

Phil Hogan

Ceist:

177 Deputy Phil Hogan asked the Tánaiste and Minister for Education and Skills if a special needs assistant will be provided in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [48570/10]

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

In considering applications for teaching and SNA support for individual pupils, the SENOs take account of the needs identified in the professional reports 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.

Schools Refurbishment

Joanna Tuffy

Ceist:

178 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills if funding is available from any source in her Department for the refurbishing of windows at a school (details supplied) in County Dublin. [1003/11]

The scope of works required at the school to which the Deputy refers is appropriate for consideration under the Summer Works Scheme.

I am pleased to inform the Deputy that I announced details of the Summer Works Scheme for 2011 on 17 December last. Full details, including the application form, are available on my Department's website www.education.ie. The closing date for receipt of applications under the Scheme is 21 January 2011.

I wish to point out, however, that in the current budgetary climate, it will not be possible to fund all applications received and therefore schools should only apply for those projects of an urgent and priority nature.

Higher Education Grants

Bernard J. Durkan

Ceist:

179 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills when a higher education grant will issue in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1037/11]

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

Bernard J. Durkan

Ceist:

180 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills the cost of setting up a special needs, autism unit in a second level school; and if she will make a statement on the matter. [1038/11]

The construction cost for a special needs/autism unit will vary from project to project depending on a number of factors such as site conditions, the project brief, etc. However, the indicative capital cost for a special needs/autism unit would be circa €750,000 to €1,000,000.

School Transport

Joe McHugh

Ceist:

181 Deputy Joe McHugh asked the Tánaiste and Minister for Education and Skills further to Parliamentary Questions Nos. 109 to 112, inclusive, of 16 December 2010, if she will acknowledge that the changed system will greatly reduce the number of pupils attending certain schools (details supplied); if she will review the changes in order to ensure that such schools will not be damaged in this way; and if she will make a statement on the matter. [1065/11]

The Department of Education and Skills assesses school accommodation needs in each area based on local demographic trends, current and projected enrolments, recent and planned housing developments and the capacity of existing schools to meet demand for places.

As I outlined in my previous reply of 16 December, from the beginning of the 2011/2012 school year, as an initial step following changes in relation to school transport arising from a Value for Money Review of School Transport, which were announced in the 2011 budget, the distance criteria will be applied to all pupils attending primary schools and the exemption under the closed school rule will cease. This means that children categorised for transport under the CSR who reside less than 3.2 kilometres (2 miles) from the school of attendance and who are availing of free transport to that school under the CSR will lose transport eligibility.

All remaining children in this category, who meet requisite distance criteria, will continue to retain school transport eligibility. A sample survey undertaken as part of the Value for Money Review on transport arrangements for pupils availing of transport under the CSR showed that the majority of pupils are in fact attending their nearest open school. This survey did not include the areas identified by the Deputy. In cases where the school of attendance is not the nearest school, these pupils will continue to retain school transport eligibility until they complete their education at that school. Transitional school transport arrangements will therefore remain in place for a reducing number of pupils over a maximum period of seven years until this group of children have all completed their primary education.

From the 2012/2013 school year, full implementation of the change will mean eligibility based on the closed school rule and the central school rule will cease nationally for all new children entering primary schools.

The detailed arrangements for the 2011/2012 school year in the areas identified by the Deputy can only be established when the applications for transport are made and considered.

Joe McHugh

Ceist:

182 Deputy Joe McHugh asked the Tánaiste and Minister for Education and Skills further to Parliamentary Questions Nos. 109 to 112, inclusive, of 16 December 2010, if she will acknowledge that the new system will reduce the numbers of students travelling on certain school buses to below the ten pupil threshold; if she will explain the way in which she will transport these students to school when this arises; and if she will make a statement on the matter. [1066/11]

Changes in relation to school transport, arising from the Value for Money Review of School Transport, were announced in the 2011 budget. These changes include, with effect from the 2011/2012 school year, the application of the distance criteria to all pupils attending primary schools and the ceasing of the exemption under the closed school rule which as a consequence will mean that pupils residing less than 3.2 kms from the school of attendance will lose their transport eligibility, discontinuation of services under the revised minimum number of eligible pupils (10) and the pick up density of eligible pupils residing in a distinct locality required to establish a school transport service will increase from 7 to 10. With effect from the 2012/2013 school year, eligibility based on the closed school rule will cease for all new primary children entering primary schools and the catchment boundary system will cease for all new post primary children. These changes will mean that there will be a reduction in the number of eligible pupils in 2011 as a result of the application of the distance criteria for all primary pupils and there will also be a reduction in the number of school buses arising from the changes in the minimum numbers. As is currently the position, families of eligible pupils who meet the distance eligibility criteria under the terms of the school transport scheme, but for whom there is no suitable school transport service available, will continue to be eligible to apply for the remote area grant towards the cost of making private transport arrangements.

Joe McHugh

Ceist:

183 Deputy Joe McHugh asked the Tánaiste and Minister for Education and Skills further to Parliamentary Questions Nos. 109 to 112, inclusive, of 16 December 2010, her views on the fact that the new system will effectively shut down school transport services in the medium term in view of the fact that families with children currently availing of bus transport services under the closed school rule and with children who will not commence primary school until 2013, will not pay €110 per annum to send their older children to school by bus when they will be transporting the younger children to school privately; and if she will make a statement on the matter. [1067/11]

The new system the Deputy is referring to is the ceasing of the Closed School Rule (CSR) for school transport eligibility purposes for new pupils entering at primary level.

I advised the Deputy in my previous reply in December that from the beginning of the 2011/2012 school year, as an initial step, the distance criteria will be applied to all pupils attending primary schools and that the exemption under the closed school rule will cease. This means that pupils categorised for transport under the CSR who reside less than 3.2 kilometres (2 miles) from the school of attendance and who are availing of free transport to that school under the CSR will lose transport eligibility.

The remaining pupils in this category, who meet the requisite distance criteria and whose numbers will be diminishing annually over a maximum period of seven years, will continue to retain school transport eligibility until they complete their education at their school of attendance.

From the 2012/2013 school year, full implementation of the change will mean eligibility based on the closed school rule and the central school rule will cease for all new children entering primary schools.

There is no evidence to suggest that the new system will effectively close down school transport services in the medium term. Survey work undertaken as part of the school transport value for money review showed that the majority of pupils categorised under the closed school rule are in fact attending their nearest school.

This rule, which has remained fundamentally unchanged since 1968, has perpetuated a system where a cohort of pupils are deemed eligible for transport where the distance criterion of 3.2 kms is not met or the school of attendance is not their nearest. I acknowledge that some families will be affected by the fact that older siblings will be eligible for transport to the amalgamated school while siblings newly entering primary schools will be assessed for transport eligibility to their nearer open school but this practical effect would occur at whatever point in time this rule was ceased.

This change means that the distance criteria will be applied equitably nationally and that consistency will be introduced in relation to planning for school places which is already based on local demographic trends, current and projected enrolments, recent and planned housing developments and the capacity of existing schools to meet demand for places. In the case of all future primary school amalgamations, eligibility for school transport will be based on distance from and attendance at the nearest school, as determined by my Department.

Irish Language Exemption

Jimmy Deenihan

Ceist:

184 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Education and Skills if, when, a child is exempt from studying Irish at second level, if that exemption prevents them from taking a foreign language in leaving certificate; and if she will make a statement on the matter. [1081/11]

Exemptions from studying Irish at post-primary level are granted in accordance with the provisions of Circular M10/94, to the following categories of student:

students whose primary education up to 11 years of age was received in Northern Ireland or outside Ireland

students over 11 years of age who are being re-enrolled in a school following a period of at least 3 years spent outside the State,

certain categories of students with special educational needs who are failing to achieve adequate levels of attainment in their mother tongue,

pupils from abroad who have no understanding of English. In such cases they are required to study one language only, Irish or English.

The scheme devolves decision making to school authorities who are required to operate strictly within the criteria. Exemptions granted under this Circular relate only to the study of Irish and do not prevent students from studying any other language.

FÁS Training Programmes

Frank Feighan

Ceist:

185 Deputy Frank Feighan asked the Tánaiste and Minister for Education and Skills the position regarding the awarding of an apprenticeship which has been held up in a dispute over standards as against time served and the reason a person (details supplied) has not received their due accreditation; and when they will receive same. [1128/11]

This is an operational matter for FÁS, the national training authority responsible for the operation of the apprenticeship system in Ireland.

However, I understand that the apprentice in question is fully aware of his status and that FÁS continues to work with him to facilitate his progression to certification.

Schools Recognition

Fergus O'Dowd

Ceist:

186 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills the position regarding the proposed Educate Together National School in the Clane/Prosperous area of County Kildare; and if she will make a statement on the matter. [1150/11]

A review of the procedures for the establishment of new primary schools is currently being carried out under the Commission on School Accommodation. In the interim it is not proposed to recognise any new primary schools, except in areas where the increases in pupil numbers cannot be catered for in existing schools and which require the provision of new schools. The Commission is due to report to me shortly at which time I will have to consider the policy matters and necessary arrangements and revised procedures that will need to be put in place. The establishment of new schools, including the one referred to by the Deputy, will be considered in this context.

School Discipline

Michael Creed

Ceist:

187 Deputy Michael Creed asked the Tánaiste and Minister for Education and Skills the duties and obligations on schools including principals and boards of management regarding comprehensive anti-bullying policies; and if she will make a statement on the matter. [1156/11]

Under the Education (Welfare) Act 2000, all schools are required to have in place a Code of Behaviour and this code must be drawn up in accordance with the guidelines of the National Educational Welfare Board (NEWB). The NEWB guidelines were issued to schools in 2008 and make it clear that each school must have policies to prevent or address bullying and harassment and schools must make clear in their code of behaviour that bullying is unacceptable. The guidelines further state that as well as making explicit that bullying is prohibited in the school, and having an anti-bullying policy, the code of behaviour should indicate what action the school will take in relation to alleged breaches of the school's bullying policy.

Every school therefore must have in place, a policy which includes specific measures to deal with bullying behaviour, within the framework of the school's overall school code of behaviour. Such a code, developed through consultation with the whole school community and properly implemented, can be the most influential measure in countering bullying behaviour in schools. Responsibility for tackling bullying falls to the level of the individual school, as it is at local level that an effective anti-bullying climate must be established and at that level that actions should be taken to address allegations of bullying.

My Department has also issued Guidelines on Countering Bullying Behaviour as an aid to schools in devising measures to prevent and deal with instances of bullying behaviour. These guidelines were drawn up following consultation with representatives of school management, teachers and parents, and are sufficiently flexible to allow each school authority to adapt them to suit the particular needs of their school.

As a further aid to post primary schools, my Department published a template that can be used by post-primary schools in developing an anti-bullying policy. The anti-bullying policy template is based primarily on the key document Guidelines on Countering Bullying Behaviour. However, it also takes account of more recent legislative and regulatory changes, and reference is made to issues of contemporary concern such as the need to tackle text bullying, cyber-bullying and homophobic bullying. The education of students in both primary and post-primary schools in relation to anti-bullying behaviour is part of the Social, Personal and Health Education (SPHE) curriculum. SPHE is now a compulsory subject both at primary level and in the junior cycle of post-primary schools.

Teachers’ Remuneration

Ruairí Quinn

Ceist:

188 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills the number of teachers employed in each individual, private fee-paying primary and secondary school; the gross salary cost of these teachers per school during the 2009/10 academic year; and if she will make a statement on the matter. [1164/11]

The information requested by the Deputy regarding the number of teachers employed in each individual, private fee-paying secondary school; the gross salary cost of these teachers per school during the 2009/10 academic year is shown in the following table.

My Department does not fund any private Primary Schools.

All Fee Paying Schools Gross Salary Costs 2009-2010 School Year

School No.

School

Address

No. of Teachers

Total Cost

60030V

Blackrock College

Blackrock, Co Dublin

58

4,269,361

60040B

Willow Park School

Rock Road, Blackrock

11

780,107

60090Q

Rathdown School

Glenageary, Co Dublin

21

1,420,743

60100Q

Castleknock College

Castleknock, Dublin 15

31

2,116,001

60120W

Mount Sackville Secondary School

Chapelizod, Dublin 20

34

2,033,965

60130C

Loreto Abbey Secondary School

Dalkey, Co Dublin

33

2,373,975

60140F

Mount Anville Secondary School

Mount Anville Rd, Dublin 14

33

2,428,807

60160L

Notre Dame Secondary School

Upper Churchtown Road, Dublin 14

12

620,619

60180R

Christian Brothers College

Monkstown Park, Dun Laoghaire

27

1,972,513

60240J

Loreto College Foxrock

Foxrock, Dublin 18

38

2,337,670

60250M

Holy Child Secondary School

Military Road, Killiney

18

1,354,589

60260P

St Joseph Of Cluny

Bellevue Park, Ballinclea Rd

25

1,573,901

60272W

The Kings Hospital

Palmerstown, Dublin 20

41

2,788,611

60320H

St Columba’s College

Whitechurch, Dublin 16

15

1,176,793

60321J

Rockbrook Park School

Edmondstown Road, Rathfarnham

7

497,460

60340N

Loreto High School

Beaufort, Grange Rd

34

2,229,519

60381E

Sutton Park School

St Fintans Road, Sutton

13

1,060,041

60520P

Belvedere College S.J

6 Great Denmark Street, Dublin 1

51

3,553,887

60530S

Gonzaga College

Sandford Road, Ranelagh

32

2,288,461

60540V

Catholic University School

89 Lower Leeson Street, Dublin 2

24

1,753,332

60560E

St Marys College

Rathmines, Dublin 6

24

1,771,092

60561G

St Michaels College

Ailesbury Road, Dublin 4

34

2,044,516

60570H

Terenure College

Templeogue Road, Terenure

38

2,679,814

60590N

St Conleths College

28 Clyde Road, Ballsbridge

14

1,076,458

60630W

St Killians Deutsche School

Roebuck Road Clonskeagh, Dublin 14

19

1,246,441

60640C

Sandford Park School Ltd

Sandford Road, Ranelagh

17

1,312,643

60650F

St Andrews College

Booterstown Ave, Blackrock

52

3,629,036

60660I

St Patricks Cathedral G.S

St Patricks Close, Dublin 8

7

479,694

60670L

The High School

Zion Road, Rathgar

43

2,577,589

60820E

Loreto College

53 St Stephens Green, Dublin 2

29

2,110,535

60892G

The Teresian School

12 Stillorgan Road, Donnybrook

11

797,973

60910F

Alexandra College

Milltown, Dublin 6

34

2,389,240

60930L

Rosemont School

Temple Road, Blackrock

7

329,659

61010U

Wesley College

Ballinteer, Dublin 16

51

3,240,671

61080S

Royal School Cavan

College Street, Cavan

12

848,450

61570M

Kilkenny College

Castlecomer Road, Kilkenny

43

3,230,684

61680T

Newbridge College

Newbridge, Co. Kildare

44

3,054,524

61720F

Clongowes Wood College

Naas, Co Kildare

26

1,706,532

61811I

St Gerard’s School

Thornhill Road, Bray

25

1,803,771

62060R

Bandon Grammar School

Bandon, Co Cork

30

1,938,024

62370J

Midleton College

Midleton, Co Cork

19

1,247,497

62520C

Christian Brothers College

Sidney Hill, Wellington Road

42

2,842,211

62570R

Presentation Brothers College

The Mardyke, Cork

35

2,366,502

62690E

Scoil Mhuire

2 Sidney Place, Wellington Road

22

1,631,436

63300Q

Wilson’s Hospital School

Multyfarnham, Co Westmeath

22

1,557,824

63870L

Drogheda Grammar School

Mornington Rd, Drogheda

17

1,168,032

63920A

Dundalk Grammar School

Dundalk, Co Louth

30

2,109,062

64150F

Glenstal Abbey School

Murroe, Co Limerick

12

834,271

64310B

Villiers Secondary School

North Circular Road, Limerick

33

2,230,663

64420I

Franciscan College

Gormanstown, Co Meath

28

1,775,931

64830E

Monaghan Collegiate School

Corlatt, Monaghan

13

961,236

65010R

Newtown School

Waterford, Co. Waterford

15

1,132,072

65190W

Sligo Grammar School

The Mall, Sligo

25

1,830,485

65410K

Cistercian College

Roscrea, Co. Tipperary

13

981,966

68071G

St John Scottus Secondary School

74/76 Morehampton Road Donnybrook, Dublin 4

10

731,393

1,454

100,298,282.68

Third Level Institutions

Lucinda Creighton

Ceist:

189 Deputy Lucinda Creighton asked the Tánaiste and Minister for Education and Skills the amount spent by each Irish University on awarding honorary degrees in each of the years from 2005 to 2010 inclusive; and if she will make a statement on the matter. [1166/11]

As the Deputy is aware, an honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived the usual requirements, such as matriculation, residence, study and the passing of examinations. The degree is typically a doctorate or, less commonly, a master's degree, and may be awarded to someone who has no prior connection with the academic institution. Usually the degree is conferred as a way of honouring a distinguished visitor's contributions to a specific field, or to society in general. The university may derive benefits by association with the person in question. Some universities present honorary degrees as part of wider degree awarding ceremonies, while others may hold special ceremonies for such recipients. The exact cost of such ceremonies is not readily available as it is not identified separately by Universities.

Departmental Expenditure

Lucinda Creighton

Ceist:

190 Deputy Lucinda Creighton asked the Tánaiste and Minister for Education and Skills the amount spent by her Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if she will make a statement on the matter. [1172/11]

My Department engages with a wide range of stakeholders and interest groups on an ongoing basis in relation to educational issues, and it is not possible to identify separately the costs involved. Typically, such engagements would include, seeking feedback from industry, students, parents associations, management bodies, unions, subject associations, and special interest groups as well as focus group research and are a normal part of the work of the Department in such areas as curriculum, special needs provision, the higher education strategy, internationalisation of education etc.

Accordingly, the information in the table below includes only consultations and surveys where the specific cost can be identified.

Relevant details of Opinion Poll and/or Focus Group research

Amount Spent 2010

Public Consultation — Press Advertisements inviting views on the Memorial for Victims of Institutional Abuse

20,572.90

Public Consultation — Press Advertisements inviting views on the proposed Statutory Fund to support the needs of Survivors of Residential Institutional Child Abuse

32,578.75

Survey of parental preferences of parents in Gorey, County Wexford in relation to the patronage of a new post-primary school.

€4,998.31

Lucinda Creighton

Ceist:

191 Deputy Lucinda Creighton asked the Tánaiste and Minister for Education and Skills the number of mobile telephones paid for by public bodies under her remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if she will make a statement on the matter. [1187/11]

Lucinda Creighton

Ceist:

192 Deputy Lucinda Creighton asked the Tánaiste and Minister for Education and Skills the number of mobile telephones paid for by her Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if she will make a statement on the matter. [1202/11]

I propose to take Questions Nos. 191 and 192 together.

The information requested in relation to my Department is currently being compiled and will be forwarded directly to the Deputy.

With regard to bodies under the aegis of my Department the procurement of mobile phones and associated costs is an operational matter for the bodies themselves and therefore the information requested by the Deputy is not collated centrally.

Special Educational Needs

Mary Upton

Ceist:

193 Deputy Mary Upton asked the Tánaiste and Minister for Education and Skills if a special needs assistant who retires through ill health may be replaced; and if she will make a statement on the matter. [1247/11]

As the Deputy will be aware, the National Council for Special Education (NCSE) is an independent agency with responsibility for determining the appropriate staffing levels in relation to the support of pupils with special educational needs in all mainstream and special schools. This includes determining the level of Special Needs Assistant (SNA) support in schools. The NCSE operates within my Department's criteria in allocating such support.

The recruitment and deployment of SNAs within schools are matters for the individual Principal/Board of Management. The Board is the SNA's employer and the terms of employment are subject to the conditions of the contract of employment. The retirement of a SNA is therefore a matter in the first instance for the Board of Management as the SNA's employer. The replacement of a retired SNA is also a matter for the school's Board of Management, subject to the continuing determination by the NCSE of the overall allocation of SNA support required to support the care needs of pupils enrolled in the school.

Schools Building Programme

Charlie O'Connor

Ceist:

194 Deputy Charlie O’Connor asked the Tánaiste and Minister for Education and Skills the progress made in respect of the building programme of a school (details supplied) in Dublin 24; if she will note the continued concerns of the local community in the matters; and if she will make a statement on the matter. [1292/11]

The project referred to by the Deputy is at an advanced stage of architectural planning.

The design team are currently working on stage 2(b) of architectural planning which includes applications for Planning Permission, Fire Certificate and Disability Access Certificate (DAC) and the preparation of tender documents. An application for Planning Permission was lodged on 23rd November 2010. On receipt of the necessary statutory approvals the design team will complete and submit their stage 2(b) report to my Department for technical review.

Following the review, and assuming no issues arise, my Department will then revert to the school authority with further instructions regarding progression of the project to tender and construction.

Schools Refurbishment

Phil Hogan

Ceist:

195 Deputy Phil Hogan asked the Tánaiste and Minister for Education and Skills when a decision will issue on an application for grant assistance under the emergency works grant scheme in respect of a school (details supplied) in County Carlow; and if she will make a statement on the matter. [1319/11]

Funding for Emergency Works are made available to those schools most in need of resources as a result of unforeseen emergencies of a capital nature that may arise during the school year.

The school referred to by the Deputy has submitted an application for funding under this scheme to my Department and this application is being assessed. A decision will issue to the school as soon as possible.

John McGuinness

Ceist:

196 Deputy John McGuinness asked the Tánaiste and Minister for Education and Skills the position regarding an application for a grant under the emergency works grant scheme in respect of a school (details supplied) in County Laois and if a decision will be expedited [1327/11]

The Deputy will be aware that a major building project is being advanced for the school in question. In this regard, my officials met with the school authority at the school in December 2010. The school's application for an emergency works grant was also discussed. My officials pointed out to the school authority that the scale of work proposed within the emergency works application suggested that it would be more appropriate to progress this as part of the major building project. The school authority agreed to revisit the application with a view to identifying any emergency works that it considered needed to be carried out in advance of the major building project and to submit a revised application to the Department. Any application received will be considered within the context of my Department's 2011 School Building and Modernisation Programme.

Educational Disadvantage

John McGuinness

Ceist:

197 Deputy John McGuinness asked the Tánaiste and Minister for Education and Skills the projects funded under the children at risk fund; the amount allocated to each project in each of the past five years; if the funding will be continued for each of the projects and if not the plans that are in place to continue the work being undertaken to support children at risk; and if she will make a statement on the matter. [1329/11]

The Fund for the Development of Targeted Educational Responses to Certain Children at Risk, which was also known as the Children at Risk Fund commenced in 1998. The objective of the Fund was to support the development of preventative and supportive programmes, which were targeted at children and young people who were at risk of educational disadvantage and social exclusion. A key focus of the initiative was the empowerment of local communities to develop innovative and flexible programmes that address identified needs of intended participants. Resources allocated under this initiative were used for the provision of a range of holistic supports to enable pupils from educationally disadvantaged backgrounds to participate fully in education.

In 2005 the Department launched the DEIS initiative which brought together a range of programmes and supports aimed at tackling educational disadvantage in some 878 schools throughout the country. Through DEIS an additional €40 million was provided bringing the allocation for disadvantage in schools to in excess of €200 million. In the light of this additional investment, a decision was taken in Budget 2009 to discontinue the Children at Risk fund.

In 2009 my Department conducted an evaluation of seven remaining projects as part of a review of support for projects under the Children at Risk fund to assist in determining future funding arrangements and possible mainstreaming of appropriate projects or models of intervention. The evaluation reports were finalised and issued in 2010.

The following are details of the number of projects and funding provided under the Children at Risk Fund over the last 5 years:

2005 — 28 projects and a Music Initiative — €1,243,955.

2006 — 35 projects and the Music Initiative — €1,251,041.

2007 — 26 projects and 9 schools — €1,269,738.

2008 — 9 projects and 1 school — €607,028.

2009 — 8 projects — €480,143.

2010 — 6 projects — €402,800 was issued in December 2010.

The School Completion Programme is a major component of DEIS. This programme provides support for targeted children who are at risk of early school leaving. The supports are provided through 124 local projects and include interventions on school attendance, literacy/numeracy as well as social and sporting interventions. The School Completion Programme will be comprehensively reviewed in the coming year. In the context of this review, consideration will be given to the integration of some of the remaining six projects with the School Completion Programme where appropriate.

Children at Risk Fund 2005-2010

2005

2006

2007

2008

2009

2010

Project Name

Amount Allocated

Amount Allocated

Amount Allocated

Amount Allocated

Amount Allocated

Amount Allocated

Cherry Orchard After Schools Project

90,000.00

70,000.00

70,000.00

70,000.00

70,000.00

66,500.00

a) The Life Centre, Pearse Square, Dublin 2

65,000.00

70,000.00

70,000.00

70,000.00

70,000.00

66,500.00

b) Sunday’s Well Life Centre, 6 Winters Hill, Cork

50,000.00

50,000.00

50,000.00

50,000.00

50,000.00

47,500.00

Citywise, Jobstown, Dublin 24

40,000.00

b) Drogheda Partnership — Homework Project

25,000.00

Hillstreet Family Resource Centre, Hillstreet, Dublin 1

20,000.00

20,000.00

20,000.00

Mountwood/Fitzgerald Homework Project, Dun Laoghaire

20,000.00

Fr McGrath Centre, Kilkenny

125,000.00

140,000.00

140,000.00

140,000.00

140,000.00

133,000.00

Meitheal Programme, Co Wexford

70,000.00

80,000.00

80,000.00

80,000.00

80,000.00

76,000.00

St Aloysius Secondary School, Marie of the Isle, Cork

3,000.00

Fingal ICTU Centre for Unemployed, Finglas Village, Dublin 11

64,000.00

64,000.00

64,000.00

64,000.00

Foróige Rathmines Schools Initiative

13,000.00

15,000.00

15,000.00

Whole School Programme, Ballymote, Co. Sligo

27,000.00

27,000.00

27,000.00

10,000.00

Drogheda Intervention and Intergration Programme

25,000.00

Our Lady of Mercy Secondary School, Waterford (Travelling Comm)

10,000.00

External Learning Community Project (XLC/ELC Project) Waterford

3,000.00

2,692.00

Mayfield Development Group, Clondalkin

17,600.00

5,000.00

18,500.00

St. Joseph’s N.S. Tivoli Rd, Dun Laoghaire,

6,000.00

Ard Scoil Mhuire, Limerick

5,000.00

Out of School Transition Project, Dun Laoghaire Youth Service

20,000.00

Mosney Homework Club, Mosney, Julianstown, Co. Meath.

11,000.00

14,000.00

14,000.00

14,000.00

14,000.00

13,300.00

Roscommon Partnership Company, c/o VEC Administrative Office,

31,000.00

25,000.00

25,000.00

Drogheda Integrated Early School Leavers Project

25,000.00

Rathkeale Homework Club

8,000.00

Crunchy Breakfast Club, Scoil Mhuire, Mourne Rd, Drimnagh

6,000.00

8,000.00

Moate Community School, Moate, Co. Westmeath

25,000.00

27,000.00

27,000.00

St. Philips SNS, Mountview

4,600.00

Children at Risk Fund 2005-2010— continued

2005

2006

2007

2008

2009

2010

Project Name

Amount Allocated

Amount Allocated

Amount Allocated

Amount Allocated

Amount Allocated

Amount Allocated

Music Disadvantage Initiative

85,000.00

Dóchas, Clondalkin

7,355.00

St. Joseph’s Youthband Project (Ballymun Wind Band)

60,000.00

60,000.00

Irish Refugee Council

4,000.00

Cool School Scheme, Meath

10,000.00

Carlow Regional Youth Services

3,000.00

Scoil Chriost Ri, Ennis

6,000.00

Mary Mother of Hope N.S. Littlepace, Dublin 15

50,000.00

Milford Community Youth Project

20,000.00

Music Disadvantage Initiative 2005

419,000.00

The Hive Youth Café New Ross, Co. Wexford

10,000.00

Youth Horizons

25,000.00

St Joseph Secondary School Rochfortbridge

1,934.00

BEST Ballymun — Out of School Group

35,000.00

Blanchardstown Area Partnership — Blakestown Comm Sch

35,000.00

Inchicore College of further Education

11,440.00

Dublin 15 Primary Principal in Action- St Patricks’ Drumcondra

46,000.00

Co-operation Fingal (Traveller programme)

5,500.00

Freemount National School, Charleville

8,000.00

St Aidans National School, Kiltimagh

7,600.00

Littleton National School, Thurles, Co. Tipperary

8,700.00

11,000.00

St Philip’s Junior National School, Mountview Clonsilla, Dublin

46,000.00

Inishowen Children’s Autism Related Education (i.C.A.R.E.)

60,000.00

Beneavin De la Salle College, Finglas, D11

3,500.00

St Saviours National School, Waterford

46,200.00

Children at Risk Fund 2005-2010— continued

2005

2006

2007

2008

2009

2010

Project Name

Amount Allocated

Amount Allocated

Amount Allocated

Amount Allocated

Amount Allocated

Amount Allocated

Cnoc Mhuire Senior National School, Killinarden, Tallaght

41,000.00

Music Disadvantage Initiative 2006

125,567.00

DunLaoghaire Youth Service — Arts’ Programme

10,000.00

Pavee Point Travellers Centre

50,893.00

46,143.00

Ramelton Community Project, Ramelton, Co. Donegal

100,000.00

Na Calaí Communtiy Development, Portuma

50,000.00

Pioneer Total Abstinence Association

60,000.00

St Benedict’s National School, Littlepace/Ongar Dublin 15

28,500.00

Scoil Mhuire Junior School, Blakestown, Dublin 15

15,100.00

Ballbriggan Educate Together N.S, Ballbriggan, Co. Dublin

5,000.00

Youth Café, An Daingean, Co. Kerry

13,297.00

St Tiernan’s College, Crossmolina, Co. Mayo

3,608.00

Castaheney Educate Together National School

20,000.00

Familiscope, Ballyfermot, Dublin 10

50,000.00

Montague Direct Provision Centre, Emo, Portlaoise

936.00

Colaiste Choilm, Blanchardstown, Dublin 15

20,000.00

The Base, Ballyfermot Youth Centre & Childcare Facility Ltd.

30,000.00

Colaiste Muire, Tuar Mhic Eadaigh, Co Mhaigh Eo

27,072.00

14,028.00

Dun Laoghaire Alternataive — Pathways

66,140.00

20,000.00

1,243,955.00

1,251,041.00

1,269,738.00

607,028.00

480,143.00

402,800.00

Literacy Levels

Ruairí Quinn

Ceist:

198 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills the reason the draft national plan to improve literacy and numeracy in schools does not contain any discussion on proposals to raise the literacy standards of children with sensory or physical disabilities; the measures she is taking to increase the literacy standards of these children; and if she will make a statement on the matter. [1357/11]

The measures proposed in the Draft National Plan to Improve Literacy and Numeracy in Schools are intended to improve the literacy standards of all students, including those with special needs and learning difficulties. The strategy places particular emphasis on a whole school approach to promoting literacy and numeracy, setting out a range of actions relating to curriculum and assessment, school leadership, planning and review, parental engagement, and providing for comprehensive professional development of teachers.

A key priority for the Government over the past decade has been to improve the provision of additional resources for all pupils with special educational needs (SEN), including those with sensory and/or physical disabilities. The measures include:

a general allocation model at primary level which ensures that all schools have have additional teaching resources in place to meet the learning support needs of students with high incidence special educational needs and learning support needs, including those experiencing difficulty with literacy and numeracy.

An ex quota provision for learning support and guidance in all post primary schools in the free education/block grant schemes.

Additional teaching supports allocated as necessary by the National Council for Special Education (NCSE) to support children with low incidence special educational needs, including pupils with sensory/physical disabilities. Over 5,500 pupils with sensory and/or physical disabilities were allocated additional teaching support by the NCSE in the 2009/10 school year.

21 special schools/classes with lower pupil: teacher ratios of between 6:1 and 10:1 for pupils with Hearing Impairment or sensory or physical disabilities.

A Special Education Support Service (SESS) provides access to a range of professional development programmes for teachers of pupils with special needs, providing for in-school support, individualised teacher support, direct provision of courses and access to on-line programmes offered by the Institute of Child Education and Psychology Europe. This is supplemented by post graduate programmes for teachers available on an inservice basis in Learning Support and Special Education offered in the universities and colleges of education. These courses include a strong focus on literacy and numeracy. A visiting teacher service for visual and hearing impairment provides teaching support for children and specialist advice to schools, teachers and parents.

The National Council for Curriculum and Assessment has produced a comprehensive set of guidelines for teachers at primary and post primary level on supporting the needs of students with general learning disabilities across a range of subjects, including communications and language and mathematics. This is supplemented by professional development programmes in ICT and advice provided by the National Centre for Technology in Education on the use of assistive technology for students with disabilities, including students who are deaf or hard of hearing, have a visual impairment or a physical disability.

Schools and parents are supported by the National Council for Special Education through its network of over 80 local Special Educational Needs Organisers. Support is also provided to schools through my Department's National Educational Psychological Service. Schools without an assigned NEPS psychologist can avail of the Scheme for Commissioning Psychological Assessments.

In 2010 my Department provided approximately €1.8m to schools to purchase assistive technology and/or specialist equipment required to support pupils who have been assessed as having a special educational need, including pupils with sensory/physical disabilities.

My Department also provides funding (€1.28m in 2010) to the National Braille Production Centre (NBPC) who provide visually impaired pupils at first and second level with textbooks in Braille and audio format. There were 489 clients registered with the NBPC in 2010.

I have invited submissions from interested parties on the Draft National Plan by 31 January 2011.

Higher Education Grants

Bernard J. Durkan

Ceist:

199 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills if she will confirm if she has received correspondence from Union of Students in Ireland in relation to proposed changes to maintenance grant criteria in Budget 2011; if she recognises the impact of same on students; if she will review same in the coming months; and if she will make a statement on the matter. [1415/11]

I can confirm that my Department received the correspondence referred to by the Deputy on 7th January, 2011. A response to the matters raised by the Union of Students in Ireland will issue shortly.

The allocation for student grants in 2011 is just over €385m. This is an increase of some 5% or €18m over the 2010 provision.

Increases in the number of students qualifying for grants, increases in proportions now qualifying for higher rates of grants as well as the introduction of the Student Contribution paid for on behalf of grant-holders each account for additional cost pressures in 2011.

In order to manage these cost pressures, a number of savings measures are necessary in 2011. While the measures involved will result in changes to the rate of grant payable, none of the measures will result in a student losing a grant or becoming ineligible for a grant.

Schools Refurbishment

Bobby Aylward

Ceist:

200 Deputy Bobby Aylward asked the Tánaiste and Minister for Education and Skills if she will approve the application for funding for emergency works by a national school (details supplied) in County Kilkenny; and if she will make a statement on the matter. [1436/11]

Funding for Emergency Works are made available to those schools most in need of resources as a result of unforeseen emergencies of a capital nature that may arise during the school year.

The school referred to by the Deputy has submitted an application for funding under this scheme to my Department and this application is being assessed. A decision will issue to the school as soon as possible.

School Staffing

Michael Creed

Ceist:

201 Deputy Michael Creed asked the Tánaiste and Minister for Education and Skills if she has received an application to retain a resource teacher for Travellers post from schools (details supplied) in County Cork; and if she will make a statement on the matter. [1467/11]

My Department has received a representation in respect of Resource Teacher for Traveller posts at the schools mentioned by the Deputy.

The position is that the Government has taken a decision to provide educational teaching supports to Traveller students on the same basis as other students in schools. This means that Traveller students who require additional tuition will receive this tuition through the existing learning support provision in schools.

All schools will be advised to select students for learning support on the basis of priority of need.

Resource Teacher for Traveller posts will be withdrawn, effective from September 2011. It is intended that alleviation measures will be provided for schools with high concentrations of Traveller children and that schools will shortly be advised of the alleviation measures which will apply and of the qualifying criteria.

My Department will advise all schools of their staffing allocation in advance of the next school year.

Higher Education Grants

Emmet Stagg

Ceist:

202 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills the reason a substantive response has not issued in relation to correspondence to her office (details supplied). [1471/11]

A substantive response issued to the Deputy's representation on behalf of the person to whom he refers on 11 January, 2011. The Deputy should be aware that a decision on grant eligibility is a matter for the student's grant awarding authority in the first instance. A fully and accurately completed application form is necessary in this regard for the grant awarding authority to make an informed decision on grant eligibility.

School Transport

Frank Feighan

Ceist:

203 Deputy Frank Feighan asked the Tánaiste and Minister for Education and Skills the way the current school transport scheme for primary school children is operated before the €50 school transport charge for primary school children is introduced. [1502/11]

Frank Feighan

Ceist:

204 Deputy Frank Feighan asked the Tánaiste and Minister for Education and Skills the number of primary school children who avail of the public transport school scheme across the country. [1503/11]

Frank Feighan

Ceist:

205 Deputy Frank Feighan asked the Tánaiste and Minister for Education and Skills the number of primary school children who avail of the public transport school scheme in County Roscommon. [1504/11]

Frank Feighan

Ceist:

206 Deputy Frank Feighan asked the Tánaiste and Minister for Education and Skills the number of primary school children who avail of the public transport school scheme in County Leitrim. [1505/11]

Frank Feighan

Ceist:

207 Deputy Frank Feighan asked the Tánaiste and Minister for Education and Skills the revenue projections for introducing a €50 school transport charge and the way that this revenue will be allocated. [1506/11]

I propose to take Questions Nos. 203 to 207, inclusive, together.

Under the terms of the Primary School Transport scheme pupils are eligible for transport if they reside 3.2 kilometres or more from, and are attending, their nearest national school, as determined by my Department. Eligible primary pupils have up to now been transported free of charge. Pupils who avail of concessionary transport pay an annual charge of €200.

Bus Éireann, which operates the School Transport Schemes on behalf of my Department, has advised that in the current school year nearly 59,000 primary pupils are availing of school transport, including 8,000 children with special educational needs and over 3,200 pupils availing of concessionary transport.

Bus Éireann has also advised that 1,193 and 1,359 tickets were issued for primary school transport services in Counties Roscommon and Leitrim respectively for the 2009/10 school year.

Eligible primary pupils holding medical cards and all children with special educational needs will be exempt from paying the primary charge. The latest data shows that 42% of all post primary pupils travelling hold valid medical cards and are currently exempt from paying the post primary school transport charge. Using this % as a guide in establishing the number of eligible primary pupils liable to pay charges, it is estimated that, based on current take up, just over 27,500 pupils would be liable to pay charges in the 2011/2012 school year.

The 2011 estimate for school transport services is €180 million compared to an allocation for 2010 of €186 million. Under the four year national recovery plan €4.5 million in savings will need to be secured in 2011, rising to €17 million in 2014, through a combination of increases in charges and the implementation of measures identified in the value for money review of the school transport scheme. The annual revenue projection as a result of the introduction of this charge in a full year is approximately €1.3 million. The revenue raised will be used to offset the overall cost of the scheme to the Exchequer.

Schools Building Programme

James Bannon

Ceist:

208 Deputy James Bannon asked the Tánaiste and Minister for Education and Skills the position regarding the approval of an application for the funding of a new national school (details supplied); and if she will make a statement on the matter. [1575/11]

The school to which the Deputy refers applied to my Department for large scale capital funding for a new school building. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, is available on the Department's website at www.education.ie.

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

I wish to clarify for the Deputy that in December 2009, my Department approved grant-aid to facilitate the re-location of the school from their original premises to temporary accommodation at the current site. The school authorities secured a three year lease on this site. My officials are in ongoing contact with the school authority regarding the school's long term accommodation needs.

Departmental Correspondence

Denis Naughten

Ceist:

209 Deputy Denis Naughten asked the Tánaiste and Minister for Education and Skills if she will reply to correspondence (details supplied); and if she will make a statement on the matter. [1584/11]

The correspondence in question was recently referred to my Department from another educational body. The issue raised is currently under consideration in my Department and a response will issue shortly.

Special Educational Needs

Denis Naughten

Ceist:

210 Deputy Denis Naughten asked the Tánaiste and Minister for Education and Skills the total funding provided for the mainstreaming of persons with disabilities into the education system; if she will provide a breakdown in this allocation; and if she will make a statement on the matter. [1586/11]

The Deputy will be aware of my Department's commitment to ensuring that all children including those with special needs can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers, special needs assistants and the appropriate school curriculum with the option, in line with each child's ability, of full/partial integration and interaction with other pupils.

My Department's policy is to provide for children with special educational needs to be integrated into mainstream schools unless such a placement would not be in their best interests or the interests of the children with whom they are to be educated. Some children may be supported in a special class attached to a mainstream school. These students have the option, where appropriate, of full/partial integration and interaction with other pupils. Other children may have such complex needs that they are best placed in a special school. Students with special educational needs have access to a range of support services including additional teaching and/or care supports. In special schools and special classes, students are supported through lower pupil teacher ratios. Special Needs Assistants (SNAs) may also be recruited specifically where pupils with disabilities and significant care needs are enrolled.

There are now in excess of 20,000 adults in our schools working solely with pupils with special needs. This includes over 10,000 Special Needs Assistants (SNAs) at a cost of approximately €340m; over 9,000 resource and learning support teachers employed in mainstream schools, 500 teachers in special classes and 1,100 special school teachers at a cost of approximately €650m.

My Department continues to fund special school transport arrangements for pupils with special educational needs at a cost of approximately €50m per annum. Funding is provided to schools to purchase assistive technology and/or specialist equipment at a cost of approximately €1.8m. In addition, funding is provided for school buildings to be adapted where necessary.

My Department has also responded to the need to provide teachers with continuing professional development in special education. This has been a key priority in recent years. The establishment of the Special Education Support Service (SESS) to provide expert support, professional development and training opportunities in special education for school staff has been very significant. My Department provided funding of over €2.4m to the SESS in 2010 for this purpose. 22,516 training places were provided in 2010 through the SESS.

The National Council for Special Education (NCSE) was set up to improve the delivery of education services to persons with special educational needs arising from disabilities with particular emphasis on children. The NCSE, with its network of Special Educational Needs Organisers (SENOs), provides a service to schools seeking additional teaching and/or care supports for enrolled students who qualify for additional supports. Working locally on the ground, the SENOs are a focal point of contact for parents and schools. The NCSE has advised my Department that additional SNA support and resource teaching hours were in place in mainstream schools in the 09/10 school year in respect of over 13,000 and 34,000 pupils respectively.

The Deputy will be aware that there has been unprecedented investment in providing supports for pupils with special needs in recent years and Special Education continues to be a key Government priority. Over €1 billion was spent in supporting special educational provision last year.

I wish to assure the Deputy that the education of children with special educational needs remains a key Government priority and children with special educational needs will continue to have access to an appropriate education in line with my Department's policy.

FÁS Training Programmes

Ruairí Quinn

Ceist:

211 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills in view of the delay in publishing the proposed Qualifications (Education and Training) Bill, if her Department will issue a circular which will allow Irish students, workers and employers to access the wide range of non-Irish qualifications (details supplied) that have been formally aligned with the Irish National Framework of Qualifications; to note that many of these qualifications meet the standard expected in Ireland, for historical reasons many of these providers are well known in Ireland, are highly sought after by employers here and would help meet the growing need to re-skill large parts of the workforce; and if she will make a statement on the matter. [1611/11]

Many non–Irish qualifications, such as qualifications awarded by the organisation referred to by the Deputy, are aligned with the National Framework of Qualifications (NFQ) and are available to Irish learners through a variety of education providers. Alignment with the NFQ enables learners and employers to understand how their award fits in with the Framework and ensures that programmes leading to awards have external quality assurance from a recognised agency.

Legal Services

Alan Shatter

Ceist:

212 Deputy Alan Shatter asked the Tánaiste and Minister for Education and Skills in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by her Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not [1619/11]

It is not possible to provide the information requested in the time available. A reply will issue to the Deputy as soon as the information is to hand.

Legal Proceedings

Alan Shatter

Ceist:

213 Deputy Alan Shatter asked the Tánaiste and Minister for Education and Skills in respect of each of the years 2008, 2009 and 2010 if she will give details of the number of court cases initiated in each year in which she or her predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s Office and if not, by whom; if she will detail the legal costs incurred by her Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which she or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1634/11]

It is not possible to provide the information requested in the time available. A reply will issue to the Deputy as soon as the information is to hand.

Legal Services

Alan Shatter

Ceist:

214 Deputy Alan Shatter asked the Tánaiste and Minister for Education and Skills with regard to legal services used by her Department, any Body under the aegis of her Department and any State agency for which she is responsible; if she will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitor’s firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1649/11]

It is not possible to provide the information requested in the time available. A reply will issue to the Deputy as soon as the information is to hand.

Proposed Legislation

Bernard J. Durkan

Ceist:

215 Deputy Bernard J. Durkan asked the Minister for Finance when the Construction Contracts Bill 2010 will advance to Committee Stage; and if he will make a statement on the matter. [48515/10]

The Government has confirmed its support for the Construction Contracts Bill which was introduced in the Seanad by Senator Feargal Quinn. In this regard, the Government is working closely with the Senator to develop a robust piece of legislation that provides a remedy to parties operating at various levels under a construction contract when payments are not forthcoming. This is a complex area. Amendments are being drafted with the aim of having the Bill progress to Committee Stage in the Seanad in the next few weeks.

National Asset Management Agency

Martin Ferris

Ceist:

216 Deputy Martin Ferris asked the Minister for Finance his views on the reluctance of the National Assets Management Agency to lease property on its books to businesses; and if he will make a statement on the matter. [1355/11]

NAMA has acquired eligible assets from the Participating Institutions, which for the most part, consist of loans. The property or other assets securing these loans remain in the possession of the Debtor. In cases where enforcement action is taken against a Debtor, NAMA may ultimately take ownership of property but it is expected that in the majority of these instances the property will be managed by a receiver. To date, NAMA does not own any such property and therefore the arrangement of leases between NAMA and third parties is not applicable. I am advised by NAMA that as part of the business plan process and ongoing management of the Debtor relationship, NAMA is actively engaging with debtors to get their assets to produce income and is approving decisions relating to the underlying security including lease agreements between the Debtor and third parties where it makes commercial sense to do so. There is no reluctance on the part of NAMA to approve commercially viable arrangements.

Disabled Drivers

Denis Naughten

Ceist:

217 Deputy Denis Naughten asked the Minister for Finance if he will amend the current regulations covering the primary medical certificate to allow any designated area medical officer to sign off rather than the senior AMO; and if he will make a statement on the matter. [1424/11]

I have no plans to amend the current regulations covering the issue of a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 to allow any designated area medical officer to sign off rather than the Senior Area Medical Officer.

Tax Code

Arthur Morgan

Ceist:

218 Deputy Arthur Morgan asked the Minister for Finance if his attention has been drawn to an anomaly that exists whereby an unmarried couple are assessed as a couple for the purposes of social welfare but are not recognised as a couple for the purposes of Revenue; and if he will make a statement on the matter. [48092/10]

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

The treatment of cohabiting couples for the purposes of social welfare is primarily a matter for the Minister for Social Protection. However, it is also based on the principle that married couples should not be treated less favourably than cohabiting couples. This was given a constitutional underpinning following the Supreme Court decision in Hyland v Minister for Social Welfare (1989) which ruled that it was unconstitutional for the total income a married couple received in social welfare benefits to be less than the couple would have received if they were unmarried and cohabiting.

In the particular circumstances outlined, where a couple are cohabiting rather than married, they are treated as separate and unconnected individuals for the purpose of Income Tax. Each partner is a separate entity for tax purposes and, accordingly, credits, bands and reliefs cannot be transferred from one partner to the other. However, I should point out that relevant legislative changes to take account of the provisions under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, will be included in the forthcoming Finance Bill 2011.

Financial Services Regulation

Martin Ferris

Ceist:

219 Deputy Martin Ferris asked the Minister for Finance if Irish institutions and individuals hold Irish bonds and if he will give a figure or an estimate of the amount involved in same. [48093/10]

I am advised by the NTMA that according to the most recent figures available from the Central Bank of Ireland, Irish resident institutions and individuals held €15.5 billion of Irish Government stock at end-November 2011, equivalent to 17.2% of the total.

Departmental Contracts

Joe Carey

Ceist:

220 Deputy Joe Carey asked the Minister for Finance the way the principle of section 5 of a public works contract is implemented and enforced by him; and if he will make a statement on the matter. [48120/10]

Clause 5 of the Public Works contracts require main contractors and all subcontractors employed by main contractors to comply with the rates of pay and conditions of employment including pension contributions in employment agreements registered under the Industrial Relations Acts 1946 to 2004. The one exception is in regard to the registered agreement for pensions where a firm registered in another Member State and working in this country has employees temporarily posted from that other jurisdiction and who subscribe to a national pension scheme in their own country, then the firm or its employees do not have to subscribe to the Irish pension scheme.

The Public Works Contracts also requires a main contractor to provide a certificate of compliance (titled ‘Rates of Pay and Conditions of Employment Certificate') with each interim statement submitted (normally on a monthly basis). Failure to provide this compliance certificate will result in payment not being made by the contracting authority. If a main contractor provides a certificate of compliance and it is subsequently found to be untrue or partly untrue the contracting authority has the right to deduct the money relating to the work or part of the work covered by the certificate from any sums due to the main contractor. This money can be withheld until the pay and conditions of employment issue is made right. The ultimate sanction if a main contractor continues to be non-compliant is for the main contract to be terminated.

Under a Public Works Contract a contracting authority has the right, whenever it is deemed necessary, to access data and records on pay and conditions for work persons employed on the site. In the case of capital works projects in excess of €30 million and with a contract duration in excess of 18 months, contracting authorities provide in their contracts for random checks of the records of contractors and sub-contractors to assess compliance with the requirements of the Registered Employment Agreement, as appropriate.

The Public Works Contracts were developed by my Department working with the Government Construction Contracts Committee for use by all public contracting authorities. Each contracting authority must ensure that contractors comply with all the requirements of the contract.

Fiscal Policy

Michael D'Arcy

Ceist:

221 Deputy Michael D’Arcy asked the Minister for Finance the interest rate being discussed for the loan from the British Government to the Republic of Ireland; and if he will make a statement on the matter. [48129/10]

Based on the market conditions prevailing at the time of the agreement, the interest rate on the UK loan is 5.9%.

The amount lent to Ireland by the UK will be the sterling equivalent of €3.8bn. The interest rate is based on a 7.5 year period. The rate on each tranche will be a fixed rate, set by adding a fixed margin to the sterling 7.5 year swap rate at the time of disbursement.

The interest charge is aligned with international rates and is between the EFSM and EFSF rates.

Black Economy

Terence Flanagan

Ceist:

222 Deputy Terence Flanagan asked the Minister for Finance if he will deal with a matter regarding the black economy (details supplied); and if he will make a statement on the matter. [48139/10]

My Department does not produce estimates of the size of the informal economy nor of the estimated loss to the Exchequer arising from such activities. Internationally, a considerable amount of research has been undertaken in this area but, by definition, it is always difficult to quantify the scale of the informal economy.

Having said that, the Central Statistics Office in compiling estimates of national income, and in line with best international practice, makes adjustments to the figures in order to control informal activity in some sub-sectors of the economy. This is done at a very detailed level, with the result that an overall economy-wide estimate is not available.

Departmental Expenditure

Brian Hayes

Ceist:

223 Deputy Brian Hayes asked the Minister for Finance the cost to his Department from 2007 in respect of providing all computer, hardware and software, in his private and constitutency office in tabular form; and if he will make a statement on the matter. [48157/10]

My Department has incurred no costs in relation to the provision of computers or software in my private and constituency office from 2007 as the existing computers and software were purchased prior to 2007.

2007

2008

2009

2010

Private & constituency Office

Computers

Nil

Nil

Nil

Nil

Software

Nil

Nil

Nil

Nil

Printers

Nil

€678

Nil

€474

Tax Yield

Joan Burton

Ceist:

224 Deputy Joan Burton asked the Minister for Finance further to Parliamentary Question No. 127 of 14 December 2010, the total number of taxpayers, total income and the total tax paid for each of the income bands based on the most recent available data. [48175/10]

The information requested, estimated by reference to the income tax year 2010, is set out in the following table. However, because of the Revenue Commissioners' obligation to observe confidentiality in relation to the taxation affairs of individual taxpayers and small groups of taxpayers, the breakdown by income bands requested by the Deputy is not provided in relation to incomes exceeding €2 million due to the small numbers of income earners with incomes in excess of that level.

All income earners for Income Tax Year 2010 (provisional)

Gross Income Range

Gross Income

Numbers

Tax Paid

0-5,000

522,779,138

228,716

0

5,001-10,000

1,378,803,216

184,571

67,612

10,001-14,000

1,915,579,666

159,676

2,599,857

14,001-15,000

564,086,397

38,898

1,344,356

15,001-15,514

320,426,159

21,000

781,611

15,515-17,542

1,377,467,402

83,243

3,839,506

17,543 -20,000

2,083,642,309

111,098

10,868,049

20,001-30,000

10,137,686,015

408,875

312,390,392

30,001-33,343

3,464,273,201

109,483

181,830,919

33,344 -40,000

6,862,360,897

187,686

449,592,682

40,001-50,000

9,044,330,416

202,568

855,813,626

50,001-60,000

7,361,564,619

134,600

924,246,734

60,001-70,000

6,078,966,851

93,895

878,259,934

70,001-80,000

4,978,336,338

66,643

802,366,956

80,001-90,000

3,943,717,249

46,572

703,670,207

90,001-100,000

3,066,193,378

32,373

595,135,165

100,001-125,000

5,249,831,313

47,355

1,132,087,062

125,001-150,000

3,030,835,653

22,265

732,853,386

150,001-175,000

1,937,482,544

12,005

505,315,958

175,001-200,000

1,330,025,498

7,135

359,687,030

200,001-250,000

1,745,821,086

7,854

488,030,058

250,001-300,000

1,164,312,901

4,271

334,568,674

300,001-350,000

847,891,772

2,625

244,170,235

350,001-400,000

623,384,633

1,672

185,408,706

400,001-450,000

461,108,243

1,091

134,134,453

450,001-500,000

382,533,023

808

115,082,701

500,001-750,000

1,140,075,102

1,889

354,486,267

750,001-1,000,000

542,706,383

633

167,540,659

1,000,000-2,000,000

795,187,850

608

263,907,461

Over 2,000,000

841,976,405

188

305,368,898

Total

83,193,385,657

2,220,296

11,045,449,154

The current minimum wage which has been annualised at €17,542 and the new minimum wage which has been annualised at €15,514 are included among the income ranges in the table. The latest available average industrial wage of €33,343, which relates to 2009, is also included among the income ranges in the table.

The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2008 adjusted as necessary for income and employment trends in the interim. These are, therefore, provisional and likely to be revised.

It should be noted that the income ranges shown in the above tables relate to Gross Income as defined in Revenue Statistical Report, 2006.

It should also be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Tax Code

Joan Burton

Ceist:

225 Deputy Joan Burton asked the Minister for Finance if subscribers to a company (details supplied) and other premium TV services pay VAT on these services to the Irish Exchequer or to the UK; and if he will make a statement on the matter. [48176/10]

I am advised by the Revenue Commissioners that under the provisions of the Value-Added Tax Consolidation Act 2010, and the EU VAT Directive with which Irish VAT law must comply, the place of supply, and hence the place of taxation, of television services that are supplied to non-taxable persons by a business in the EU is where the supplier of those services has established its business. In effect, this means that where a business based in another Member State of the EU supplies such services to customers in Ireland who are private individuals, the supplier must account for VAT due on those services in its own Member State and not in Ireland. As the company referred to by the Deputy is based in the UK, Irish subscribers to their television services are charged UK VAT on those services. I would add, however, that further provisions of the EU VAT Directive relating to the place of supply of television services are due to take effect by 1 January 2015. This will provide that, as and from that date, VAT due in respect of the supply of television services by suppliers in an EU Member State to non-taxable persons in other EU Member States will be payable in the Member State of the customer. Accordingly, from that date where the customer is a private individual based in Ireland, the supplier will be obliged to charge Irish VAT on the supply of the service.

Tax Reliefs

Joan Burton

Ceist:

226 Deputy Joan Burton asked the Minister for Finance if he will set out the tax foregone by the Exchequer for film relief for the years 2009 and 2010; the estimated tax foregone due to film relief for 2011; if he will publish a cost benefit or similar analysis in respect of film relief; and if he will make a statement on the matter. [48179/10]

I am informed by the Revenue Commissioners that the estimated amount of tax foregone by the Exchequer in respect of film relief for the years 2009 and 2010 is €42 million and €65 million respectively. The cost figure for 2010 is provisional and may be revised. Projections for tax receipts are based on assumed movements in macro-economic parameters and not by reference to the costs of individual tax reliefs. Accordingly, I am not in a position to provide the projected cost data requested by the Deputy for the year 2011 in relation to this relief.

In relation to the second part of the Deputy's question on cost-benefit analysis Indecon International Economic Consultants were engaged to undertake a review of Section 481 film relief in 2007. In light of the findings and recommendations of this review the relief was extended for a further four years to 2012.

The Commission on Taxation also considered Film Relief and recommended that it should be continued but should be subject to regular review. It is intended that such a review will be undertaken in advance of any adjustments or extension to the relief.

Departmental Expenditure

Joan Burton

Ceist:

227 Deputy Joan Burton asked the Minister for Finance if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48187/10]

The below amounts were paid to the company in question during the years 2006-2010:

Date

Amount

Detail

8 March 2007

42,592.00

Update of review of scheme of tax relief for residential units associated with nursing homes.

6 December 2007

92,111.25

Review of Section 481 Film Relief Scheme

Departmental Websites

Liz McManus

Ceist:

228 Deputy Liz McManus asked the Minister for Finance the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48205/10]

The information requested by the Deputy is contained in the following tables:

Department of Finance

Website Address

Website Name

Maintenance Costs

Average unique visitors per month

http://www.finance.gov.ie

Department of Finance Web site

5,800 plus VAT

150,000

http://www.budget.gov.ie

Publication of Annual Budget

Nil

50,000

http://www.gov.ie

Government of Ireland

Nil

50,000

http://www.bankinginquiry.gov.ie

Banking Inquiry website

Nil

916

http://www.training.gov.ie

Civil Service Training and Development

Nil

414

http://www.cmo.gov.ie

Office of the Chief Medical Officer

Nil

113

http://www.reviewbody.gov.ie

Review Body on Higher Remuneration

Nil

172

http://www.cspensions.gov.ie

Civil Service Pensions Calculator

Nil

1,382

http://www.benchmarking.gov.ie

Benchmarking Body

Nil

147

http://www.constructionprocurement.gov.ie

Information on Construction Procurement

Nil

2,184

http://www.cprm.gov.ie

Committee for Public Management Research

Nil

947

http://www.cspvg.gov.ie

Civil Service Performance Verification Group

Nil

83

http://www.decentralisation.gov.ie

Decentralisation publications

Nil

581

http://www.disability.gov.ie

Disability Information Website

Nil

Not recorded

http://www.personnelcode.gov.ie

Publication of Personal Code & Circulars

Nil

Not recorded

http://www.eprocnet.gov.ie

eProcurement Network Information

Nil

Not recorded

http://www.eustructuralfunds.ie

EU Structural Funds

Nil

Facility is under Develpement

http://www.foi.gov.ie

Information on Freedom of Information

Nil

Not recorded

http://www.ictprocurement.gov.ie

ICT Procurement

Nil

Not recorded

http://www.ict.gov.ie

ICT Control Website

Nil

Not recorded

http://www.peerreview.gov.ie

Information website on Peer Review Process

Nil

Not recorded

http://www.ppp.gov.ie

Public Private Partnership

Nil

Not recorded

http://www.psi.gov.ie

Re-use of Public Sector Information

Nil

Not recorded

http://www.cseas.gov.ie

Civil Service Employee Assistance Service

Nil

Not recorded

http://www.taxcommission.ie

Commission on Taxation

Nil

Facility is under Develpement

www.ndp.ie

National Development Plan Website

Nil

With the exception of where costs were supplied all other sites were hosted and maintained in-house.

Public Appointments Service

Website Address

Website Name

Maintenance Costs

Average unique visitors per month

www.publicjobs.ie

Public Appointments Service

€5,500

110,000

Commission for Public Service Appointments

Website Address

Website Name

Maintenance Costs

Average unique visitors per month

www.cpsa.ie

Commiission for Public Service Appointments

Approx €350 p.a.

Approx 1,200

Office of the Ombudsman

Website Address

Website Name

Maintenance Costs

Average unique visitors per month

www.oic.gov.ie

website of the office of the Information Commissioner

€2,638.00

8,516

www.ocei.gov.ie

Website of the Office of the Commissioner for Environmental Information

www.ombudsman.gov.ie

Website of the Office of the Ombudsman

€3,956

5,192

www.sipo.gov.ie

Website of the Standards in Public Office Commission

€2,198

2,251

While development spend on websites may be subject to discussion with CMOD as part of that body's overarching role in monitoring IT expenditure generally, each of the institutions in the Office of the Ombudsman as shown above are fully independent bodies and none of them falls within the remit of the Minister for Finance per se.

National Treasury Management Agency

Website Address

Website Name

Maintenance Costs

Average unique visitors per month

www.ntma.ie

The National Treasury Management Agency

The five sites each cost €99.99 (exclusive of VAT) to maintain

22,302

www.nprf.ie

National Pensions Reserve Fund

2,821

www.stateclaims.ie

State Claims Agency

889

www.ndfa.ie

National Development Finance Agency

479

www.nama.ie

National Assets Management Agency

14,743

Note that the number of unique visitors is the number of unique visitors last November and that, in addition to the annual maintenance charge, there is also an annual domain registration charge of €330 (ex VAT) for all five sites together with a cost of €4,000 per annum for 24 hour security monitoring of all the websites and the provision of specialist web disability software to aid users with literacy and visual impairments in the use of the web sites.

Special EU Programmes Body

Website Address

Website Name

Maintenance Costs

Average unique visitors per month

www.seupb.org

Special EU Programmes Body

£93.97 + VAT (see note below)

1,035

**This figure has been generated using Google Analytics using figures from June to December 2010. It is based on a monthly average of 3,000 non bounce visits to the website where approximately 34.5% of these visits originate from new visitors.

Annual costs of maintaining the SEUPB website are negligible. Costs incurred relate to the registration of the necessary domain names. Information updates to the website are completed in house. Please note that the costs outlined above would have been funded jointly by the Department of Finance (DoF); the Department of Finance and Personnel (DFP); and the European Union and therefore do not reflect the total cost to DoF.

Revenue Commissioners

Website Address

Website Name

Maintenance Costs

Average unique visitors per month

www.revenue.ie

Revenue Commissioners Websites

€931,000

Unique visitors are not recorded, however the number of visits per month is 2.8 million (approx)

www.ros.ie

www.payeanytime.ie

Providing tax & customs information and secure online services such as filing tax returns, making tax payments, checking liabilities

Office of Public Works

Web address

Site Name

Annual maintenance cost if applicable

*Number of unique hits

www.opw.ie

OPW main website

4,467

40,054

www.floodmaps.ie

Flooding information

141,407

10,098

Www.castletown.ieincludingwww.castletownhouse.ie

Heritage attraction — information and promotion

1,020

10,538

Www.farmleigh.ieincludingwww.farmleighgallery.ie

Heritage attraction — information and promotion

2,469

40,101

Www.flooding.ie

Heritage attraction — information and promotion

1,470

8,189

Www.irisoifigiuil.ie

Heritage attraction — information and promotion

2,469

10,946

Www.battleoftheboyne.ie

Heritage attraction — information and promotion

1,020

8,841

Www.blaskets.ie

Heritage attraction — information and promotion

1,020

Not available

Www.botanicgardens.ie

Heritage attraction — information and promotion

Not available

Www.heritageireland.ie

Heritage attraction — information and promotion

1,020.00

176,553

Www.kilkennycastle.ie

Heritage attraction — information and promotion

1,020.00

15,273

Www.peacemonument.ie

Site reserved for future development

1,020.00

Not applicable

Www.phoenixpark.ie

Heritage attraction — information and promotion

1,020.00

26,230

www.OPWAdmin.ie

1,020.00

Not available

*These figures are an aggregate total of unique hits for the last six months July to December 2010 using the Google Analytics tool deployed on these websites.

There are a number of sites where this tool has not been deployed yet and so no figures are available.

EU Funding

Pat Breen

Ceist:

229 Deputy Pat Breen asked the Minister for Finance if Irish small and medium enterprises may apply for funding under the EU’s risk sharing finance facility; and if he will make a statement on the matter. [48227/10]

The Risk Sharing Finance Facility, based on the principle of sharing credit risk between the European Community and the European Investment Bank (EIB), is an EIB lending facility intended to improve access to debt financing for private companies and public institutions promoting research, development and innovation activities. The scope of eligible activities is wide and extends from traditional "brick and mortar" investments to equipment and soft investments such as R&D operating cost, salaries of researchers, management and support staff, utilities, consumables, acquisition or protection costs for intellectual property rights and, under certain conditions, leasing and depreciation. Projects to be financed by the EIB need to be technically, economically, financially and environmentally feasible according to the Bank's project evaluation criteria. I understand that funding from the Facility, under which the EIB can provide finance to higher-risk creditworthy research development and innovation projects up to a total of €10 billion, is open to small and medium-sized enterprises in the form of risk-sharing lines of credit through the EIB's banking partners. I further understand that discussions have taken place between the EIB and Irish financial institutions with regard to accessing finance under the Facility.

This facility is in addition to the €30 billion facility for increasing lending to small and medium-sized enterprises announced by the EIB on 3 October 2008 and through which four banks operating in Ireland have access to €350 million. These funds are being successfully onlent to small and medium-sized enterprises for investment and I understand that EIB will be in further discussions with Irish banks with a view to providing access to additional funds.

Tax Code

Michael Noonan

Ceist:

230 Deputy Michael Noonan asked the Minister for Finance the steps he will take to implement a decision by the European Court of Justice, reference case C-554-07; and if he will make a statement on the matter. [48238/10]

The European Court of Justice Case C-554/07, which concerns the VAT treatment of State and public bodies in Ireland, ruled against Ireland on 16 July 2009. In compliance with the Court's ruling, Section 117 of the Finance Act 2010 included provision to make public bodies subject to VAT with effect from 1 July 2010. In summary, the VAT Act 1972, which has since been consolidated into the VAT Consolidation Act 2010, was amended to provide that public bodies, including local authorities, are made subject to VAT. More specifically, they are subject to VAT where they engage (i) in economic activities; (ii) in any activities as outlined in Annex I of the EU VAT Directive, unless the activity is carried out on such a small scale as to be negligible; and (iii) in the case of their regulatory capacity as a public authority, when their treatment as non-taxable could lead to a distortion of competition.

Services that became liable to VAT on 1 July 2010 include such services as waste collection, landfill and recycling services; off-street parking; toll roads; the operation of leisure facilities; rent from certain lettings of commercial property; and the supply of staff and data. It should be noted that such services had already been subject to VAT if provided by a private operator. VAT on the provision of community and sporting facilities by public bodies will come into effect by Ministerial order.

However, other services operated by public authorities were not made subject to VAT by the Finance Act 2010 provisions, as they are otherwise exempted. In that context, for example, the supply of water, education, health and passenger transport services were not made subject to VAT as they are otherwise exempted from VAT. Examples of the types of activities by public bodies where a charge applies which remain outside the scope of VAT, include parking fines, fees for passports, driving licences etc, development levies, casual trading licences and certificates of compliance. These are purely regulatory functions.

State Assets

Martin Ferris

Ceist:

231 Deputy Martin Ferris asked the Minister for Finance if he or the review group on State assets and liabilities has met with the International Monetary Fund regarding the work of the group in relation to its review of State assets and their possible disposal; and if he will make a statement on the matter. [48242/10]

As the Deputy is aware, a delegation from the EU Commission, the International Monetary Fund and the European Central Bank visited Dublin in November 2010 to finalise a programme of financial assistance for Ireland. During this visit, the delegation was briefed on a number of issues of interest, including the ongoing work of the Review Group on State Assets and Liabilities. The International Monetary Fund did not meet the Review Group as such.

Martin Ferris

Ceist:

232 Deputy Martin Ferris asked the Minister for Finance the reason the report of the review group on State assets has not been completed; and if he will make a statement on the matter. [48243/10]

The Review Group is currently finalising its Report but may need to undertake some further limited consultation before doing so. I expect to receive the Report thereafter in due course.

Martin Ferris

Ceist:

233 Deputy Martin Ferris asked the Minister for Finance if the establishment of the review group on State assets came about as a consequence of contacts with the International Monetary Fund; and if he will make a statement on the matter. [48244/10]

I established the Review Group on State Assets and Liabilities in July, 2010 to advise me on how the assets can be better used or disposed of to support economic growth and national investment priorities. The International Monetary Fund had no role in the establishment of the Group.

Martin Ferris

Ceist:

234 Deputy Martin Ferris asked the Minister for Finance if the International Monetary Fund has suggested that State assets be sold off; and if he will make a statement on the matter. [48245/10]

The financial assistance programme agreed recently with International Monetary Fund and the EU Commission, in liaison with the ECB, is governed by a detailed Memorandum of Understanding which sets out specific milestones that must be met before funds are drawn down. The Memorandum of Understanding provides, inter alia, that an independent assessment of Ireland’s electricity and gas sectors will be carried out before end 2011 with a view to enhancing their efficiency and that the Government will consult with the Commission on the results of this assessment with a view to setting appropriate targets for the possible privatisation of State-owned assets.

Martin Ferris

Ceist:

235 Deputy Martin Ferris asked the Minister for Finance his views on the sentiments of his party colleague (details supplied) that a wholesale sell-off of State assets could lead to the loss of sovereign control over vital sectors of the economy [48246/10]

Given the current financial condition of the State, it would be negligent not to examine all reasonable ways in the public interest to reduce the State's indebtedness, including through the sale of certain State assets. The issues raised in the Deputy's question will naturally be considered and weighed in the balance when decisions are made by Government on the continued ownership or otherwise of such assets.

Tax Reliefs

Joe Behan

Ceist:

236 Deputy Joe Behan asked the Minister for Finance the position regarding tax relief (details supplied). [48291/10]

I presume the Deputy is referring to the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme. The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to a certain limit) on the purchase of a car adapted for the transport of a person with specific severe and permanent physical disabilities, to those who meet certain disability criteria.

The disability criteria for eligibility for the tax concessions under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get the Primary Medical Certificate, an applicant must be severely and permanently disabled and satisfy one of the following conditions:

(a) be wholly or almost wholly without the use of both legs;

(b) be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

(c) be without both hands or without both arms;

(d) be without one or both legs;

(e) be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

(f) have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

The Senior Medical Officer (SMO) for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. An unsuccessful applicant can appeal the decision of the SMO to the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin which makes a new clinical determination in respect of the individual. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

Insurance Industry

Frank Feighan

Ceist:

237 Deputy Frank Feighan asked the Minister for Finance his plans for supporting jobs in the Quinn Group in view of the fact that Anglo Irish bank is no longer in the picture. [48295/10]

At the outset the Deputy will appreciate that owing to considerations of commercial confidentiality it would not be appropriate for me in my role as Minister for Finance to make any comment on the participation of any party in relation to the sale of Quinn Insurance Limited (QIL). Responsibility for the sales process is a matter for the Joint Administrators who were appointed by the High Court. I am also of the view that it is inappropriate to speculate as to what may happen in relation to jobs in that company before any decision is made on the sale of the company. I understand however, that it is expected that the Joint Administrators will decide on a preferred bidder shortly with a view to entering into detailed discussions with them to seek to conclude an agreement on the sale of QIL.

In assessing the bids, the Joint Administrators are required to consider how best the interests of policyholders can be protected and how the company can be returned to a sound commercial footing. The retention and protection of employment is also a very important priority subject to their other responsibilities.

The final decision of the Joint Administrators is subject to the approval of the High Court. It is important to be clear that neither I nor the Government have any input or influence over the administration process, including any decision on the sale of the company.

Mortgage Arrears

Paul Nicholas Gogarty

Ceist:

238 Deputy Paul Gogarty asked the Minister for Finance if he will clarify the scheme as it currently exists whereby households found to be in mortgage arrears are protected through agreement with the banks in the current economic climate; if those who end up being in arrears and communicate immediately with the banks do not have to pay interest on their arrears, at least for the time being; the banks involved in the scheme, including subsidiaries; if Haven Mortgages, part of the EBS Group, are part of this scheme; and if he will make a statement on the matter. [48306/10]

Paul Nicholas Gogarty

Ceist:

239 Deputy Paul Gogarty asked the Minister for Finance when the revised scheme to assist homeowners who are finding it difficult to keep up their mortgage payments will be up and running; and if he will make a statement on the matter. [48307/10]

I propose to take Questions Nos. 238 and 239 together.

The Deputy will be aware that the Mortgage Arrears and Personal Debt Expert Group (Expert Group) have now completed their work having submitted an Interim Report to me on 5th July 2010 and their Final Report on 16th November 2010. Both Reports were brought before Government. The Expert Group's Reports are available at www.finance.gov.ie and a complete list of all the recommendations is included in Chapter 2 of the Final Report.

Following a consultation process, the Central Bank published a revised Code of Conduct on Mortgage Arrears (CCMA) on 6th December 2010. The revised CCMA closely follows the recommendations of the Expert Group and applies to the mortgage lending activities of all regulated entities, except credit unions, operating in the State, including a financial services provider authorised, registered or licensed by the Central Bank of Ireland. This applies to subsidiaries which fall into this category and Haven Mortgages which the Deputy refers to.

The revised CCMA came into effect on 1 January 2011. Lenders are required to comply with the CCMA as a matter of law however they will be allowed a six month period of grace, ending on 30 June 2011, where the Central Bank of Ireland will be cognisant of issues relating to systems development, required staff training and other difficulties. Failure to comply with the revised CCMA may result in sanctions under the Administrative Sanctions Framework.

The most significant changes in the revised CCMA include:

Lenders will be prohibited from moving borrowers in arrears of existing tracker mortgages;

Borrowers in arrears who co-operate with the Mortgage Arrears Resolution Process (MARP) will not be charged penalty interest;

Harassment of borrowers through unsolicited communications will be outlawed;

Borrowers in financial difficulties, but not in arrears, will be allowed to come under the MARP.

Clarifying the existing 12 month moratorium on legal action in arrears cases.

Lenders representing the majority of the market have already indicated their willingness to implement the Expert Group's proposals for a Deferred Interest Scheme (DIS) or a variation of it and the remaining participants will be requested to do so. The Deputy will be aware from media reports that AIB, Bank of Ireland, EBS, and Irish Life and Permanent are reported to have signed up to the DIS. The DIS is to apply to those homeowners unable to pay full interest on their mortgages but able to pay at least 66%.

I understand that ‘normal interest accrues on a mortgage, even it is is in arrears. Provision 9 of the CCMA states that lenders are restricted from imposing charges and/or surcharge interest on arrears arising on a mortgage account in arrears to which the CCMA applies in respect of which a borrower is co-operating reasonably and hoestly with the lender in the MARP.

Full details of the DIS are in the Final Report at pages 22 to 25, where the Deputy will note in relation to interest charges that deferred interest accumulates in a non-interest charging deferral account. While the DIS is voluntary for all lenders, those who have signed up in support of the scheme will be monitored by the Financial Regulator to ensure compliance. The Expert Group's recommendations are intended to be of benefit to both lender and borrower and it is assumed that lenders will cooperate and implement the recommendations or variations of them as soon as possible.

The Deputy may also wish to note that in addition to those recommendations being implemented through amendments to the CCMA, other recommendations relating to home owners with mortgage arrears will require legislative support involving my Department, the Departments of Social Protection (DSP), Environment, Heritage and Local Government (DEHLG).

In the case of my own Department, recommendations to do with the scope and the admissibility in Court of the CCMA will be examined in the context of the preparation of the second Central Bank Bill.

In order to implement those recommendations in relation to the mortgage interest supplement scheme (MIS) changes to both primary and secondary legislation will be required. The Department of Social Protection is currently developing an implementation plan that will set out a framework for the future of the scheme.

New regulations and guidance are currently being developed by DEHLG in the context of the social housing reform programme to provide that housing authorities could disregard the household's current accommodation for the purposes of determining eligibility for social housing support. I am informed that work is ongoing on the development of a new needs assessment process which will allow an earlier trigger point for the social housing needs assessment process to take place where a case has been determined to be unsustainable in the long term, following exploration of all other options.

Road Network

Leo Varadkar

Ceist:

240 Deputy Leo Varadkar asked the Minister for Finance his plans to carry out works in an area (details supplied) which is still in poor condition notwithstanding the works carried out in autumn 2010; and if he will make a statement on the matter. [48317/10]

Similar to many roads throughout the country, the recent extreme weather has taken a further heavy toll on the main road in the Phoenix Park with an increase in the number of potholes in the road surface. Since the holidays, seven tonnes of filler has been used to repair potholes on an emergency basis. The OPW has been examining options for a permanent solution to this problem. A number of surveys critical to the finalisation of the options were recently undertaken. The timing and scope of the works will necessarily be affected by the level of funding available.

Tax Code

Joan Burton

Ceist:

241 Deputy Joan Burton asked the Minister for Finance his views on extending, under section 82 of the Taxes Consolidation Act 1997, the deductibility of pre-trading expenses to those who incurred the expense as an individual but who subsequently incorporated as a company; if he views the current legislation to be in any way anomalous and his plans to deal with any such anomalies in the forthcoming finance Bill; and if he will make a statement on the matter. [48330/10]

Section 82 TCA 1997 provides that certain pre-trading expenses of a trade or profession are allowable in calculating the trading income of that trade or profession once it commenced. The relief applies to trades or professions, whether incorporated or not, which commenced on or after 22 January 1997. A deduction is only available for pre-trading expenditure in computing income under Cases I and II of Schedule D where it is incurred in the three years prior to commencement of the trade or profession and is wholly and exclusively laid out or expended for the purposes of the trade or profession.

While a deduction for pre-trading expenditure is available under section 82 TCA, the relief is conditional on the expenditure being of a type that would have been allowable in computing income under Case I or II of Schedule D had it been incurred after the commencement of the trade or profession. For the purposes of allowing the deduction, the allowable amounts are treated as having been incurred at the time the trade or profession commences. Allowable amounts are not available for set-off against income other than income from the trade or profession.

Pre-trading expenses related to a trade or profession may not be taken into account in calculating a loss to be set-off against other income. Any losses resulting from pre-trading expenses may only be carried forward for use against future income of the trade or profession.

Arguments can be made in favour of allowing this relief to individuals who incurred pre-trading expenses and who subsequently incorporated as a company. One argument may be that it is unreasonable to deny relief to the company in respect of such expenses in a situation where the bulk of otherwise allowable expenses were properly incurred by an individual prior to the formation of the company. On the other hand, under existing legislation the losses or expenses of a sole trader may not be transferred to a company on incorporation of the business. Moreover, difficulties could arise in devising a suitable legislative framework to enable companies to obtain relief for pre-trading expenses incurred prior to incorporation where there are a number of shareholders. If provision were to be made for this, for example, it might be necessary to put restrictions on the facility so that only expenses incurred by substantial shareholders would be allowed.

Another issue to consider in this context is whether it is appropriate to allow an expense incurred by one person (e.g. an individual) to be offset against the income of another separate person, in this case a company. After all, they are separate legal persons and the implications of proceeding down this road would have to be carefully considered.

I would take the view that the current legislation is not so much reflective of a situation that is anomalous but perhaps more reflective of the difficulties involved in drawing the line under what is reasonable and appropriate. I am not aware of any major difficulties being caused by the existing legislative provisions. I am, however, open to examining the detail of any particular problems in this area that may be put to me with a view to finding a possible resolution to those problems.

Bernard J. Durkan

Ceist:

242 Deputy Bernard J. Durkan asked the Minister for Finance the basis for alleged underpayment of income tax in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48336/10]

I have been advised by the Revenue Commissioners that the review for 2006 was issued in error. The person's record has been adjusted to cancel the underpayment and a revised certificate of tax credits and standard rate cut-off point for 2011 will issue to the person shortly to cancel the recovery of the underpayment.

Bernard J. Durkan

Ceist:

243 Deputy Bernard J. Durkan asked the Minister for Finance the way he proposes to address the issues set out in correspondence (details supplied); and if he will make a statement on the matter. [48337/10]

I announced in the Budget that the necessary arrangements are being made to ensure that bets placed on the Internet by domestic punters are subject to the same level of betting duty as applies to high street betting shops. This will serve to broaden the tax base and increase betting duty receipts. It is the Government's intention to include provisions in the Finance Bill and to revise the Betting Act 1931 to provide that bookmakers taking bets from Ireland, notwithstanding what platforms are used i.e. Internet or otherwise, will pay the 1% betting duty. Betting Exchanges will also be subject to tax under the new arrangements, however the calculation of the tax will take account of their particular business model.

I am hopeful that by including the high-growth area of the betting sector the tax base from betting will be boosted significantly.

In addition, this measure conveys a positive signal to international betting operations that have expressed an interest in or have already invested in Ireland. A location with an appropriate licensing regime coupled with relatively low taxes provides real investment and employment opportunities in this sector, which ultimately can potentially be beneficial to all concerned.

Bernard J. Durkan

Ceist:

244 Deputy Bernard J. Durkan asked the Minister for Finance if a review can or will be taken in relation to proposed carbon tax on domestic fuels which will have implications on those who sell same to the domestic market; and if he will make a statement on the matter. [48338/10]

The carbon tax was applied to transport fuels, petrol and auto-diesel, from December 10, 2009. From 1 May 2010, the carbon tax was applied to kerosene, marked gas oil (also known as ‘green diesel' or ‘agricultural diesel'), liquid petroleum gas (LPG), fuel oil and natural gas. The third and final phase involves the application of the tax to coal and commercial peat, which is subject to a Ministerial Commencement Order. Solid fuels are subject to a commencement order so as to allow time for issues such as fuel poverty and the sourcing of coal of a lower environmental standard from Northern Ireland to be addressed. Progress is being made in this regard by the Department of the Environment, Heritage and Local Government.

Bernard J. Durkan

Ceist:

245 Deputy Bernard J. Durkan asked the Minister for Finance when a tax refund will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48339/10]

I have been advised by the Revenue Commissioners that they are contacting the taxpayer's employer for the details necessary to carry out reviews. The taxpayer's liability will be reviewed on receipt of the required details and any tax overpaid will be refunded.

Maureen O'Sullivan

Ceist:

246 Deputy Maureen O’Sullivan asked the Minister for Finance the reason there is a 21 day holding period by Irish life and Permanent of British pensions paid by Irish citizens [48406/10]

I am advised by the institution that their policy for encashment of all sterling cheques — pension and non pension — is that a hold is placed on the cheque for 20 working days. The above number of days has been set to ensure there is a fair period where the Bank/customer is protected from ‘unpaid' items and that the customer is not inordinately penalised by not having access to the funds for a long period. ILP have indicated that on an individual account basis there is discretion within the Bank to pay against uncleared funds, and this can be used where the Bank considers it appropriate to allow a customer withdraw against an uncleared cheque.

Funds are immediately available where they are transferred electronically.

Dan Neville

Ceist:

247 Deputy Dan Neville asked the Minister for Finance the position regarding tax credits in respect of a person (details supplied) [48418/10]

I am advised by the Revenue Commissioners that the individuals in question are a single male and a single female residing at the same address. The position is that there is no provision within the Tax Acts to allow for the transfer of tax credits from one individual to another in these circumstances.

Tax Reliefs

Joanna Tuffy

Ceist:

248 Deputy Joanna Tuffy asked the Minister for Finance if he will provide details of the tax relief scheme for home insulation works announced in the budget; and if he will make a statement on the matter. [48430/10]

Tax relief for Energy Efficiency Measures (REEM) was announced in the Budget and will be introduced in the forthcoming Finance Bill. It is intended that the relief will encourage individuals to invest in a range of works aimed at making their homes more energy efficient. The incentive will complement the grant aid that is available through various schemes currently operated by the Sustainable Energy Authority of Ireland. Standard rated tax relief will be available, on a subsequent year basis, on expenditure of up to €10,000 on a list of approved works. The total relief available in any one tax year will be €30 million which will allow for works to be carried out on a minimum of 15,000 homes.

Full details of the new incentive will be provided in the forthcoming Finance Bill.

Tax Code

Finian McGrath

Ceist:

249 Deputy Finian McGrath asked the Minister for Finance the position regarding a claim in respect of a person (details supplied). [48530/10]

I am advised by the Revenue Commissioners that they met with the taxpayer in question on 21 December 2010 and that an agreement has been reached to the satisfaction of the taxpayer.

Dan Neville

Ceist:

250 Deputy Dan Neville asked the Minister for Finance if tax compliant details of a company (details supplied) can be provided to this Deputy. [48539/10]

I am advised by the Revenue Commissioners that the tax affairs of any individual/business are a confidential matter between that individual/business and the Revenue Commissioners. Accordingly, no details of compliance with statutory taxation requirements can be supplied to any third party, other than the authorized tax advisor, without the express approval of the individual/business. In general, payment of grants requires that the contractor/supplier holds a current tax clearance certificate. Persons intending to avail of a grant should therefore ensure that the contractor holds a current tax clearance certificate that will not expire before the anticipated completion of the work.

Alan Shatter

Ceist:

251 Deputy Alan Shatter asked the Minister for Finance if he will apply the stamp duty changes on the acquisition of residential property introduced by him to those who completed house purchases in the period 1 November 2010 up to budget day and who paid a substantially greater sum by way of stamp duty than they would have incurred had such house purchases been completed after budget day; his views that such relief was provided for stamp duty changes introduced in 2007 in order to avoid unfairness and the reason such relief was not provided on this occasion. [48540/10]

The Stamp Duty reforms announced in the Budget have two aims: stimulation of the property market and commencing the necessary infrastructure for the commitment in the National Recovery Plan to introduce a Site Value Tax. As a result of the changes, Stamp Duty at a rate of 1% where the property value is under €1m and 2% on the excess above €1m, will now be payable on all residential property transactions. I have put in place a transitional arrangement: where a binding contract has been entered into before 8 December 2010, and the effect of this measure would increase the Stamp Duty otherwise chargeable, Stamp Duty can be calculated and charged under the old regime, so long as the instrument effecting the transfer of the property is executed before 1 July 2011.

I have no plans to make the changes suggested by the Deputy. The overall transaction costs for property transfers are now much lower than in recent years because of the decline in property values. I am aware that there will always be winners and losers in a situation such as this, but unfortunately this will happen no matter what date is chosen to commence any new measure. For example, if I followed the Deputy's suggestion and allowed individuals who completed house purchases after 1 November 2010 to avail of the new residential property Stamp Duty rates announced in the Budget, an individual who completed a property transaction on or before 31 October would not benefit. These persons might then seek a change to the date which would lead, in time, to further requests for changes to the date.

In 2007 it had been signalled before the election that First Time Buyer relief from Stamp Duty would be extended to all first time buyers. If this change had not been backdated to its original announcement, anyone who could have benefited from the change would not have bought property until the proposal was eventually enacted. No indication that a change was imminent was given before the change announced in Budget 2011.

Niall Collins

Ceist:

252 Deputy Niall Collins asked the Minister for Finance if stamp duty is applicable to a transaction (details supplied); and if he will make a statement on the matter. [48550/10]

Section 83A of the Stamp Duties Consolidation Act 1999 provides for an exemption from Stamp Duty where a parent transfers a site to a child to enable the child construct a dwelling house for use as his or her only or main residence. The value of the site must not exceed €500,000 and the size of the site must not exceed 1 acre (excluding the area of the house). As the Deputy is aware, I announced in Budget 2011 a major reform of the charge to Stamp Duty on residential property transactions, which applies to all instruments executed on or after 8 December 2010. These changes have simplified the system by lowering the rates applicable and abolishing a number of exemptions and reliefs, including Site to Child relief. The "Site to Child" relief from Capital Gains Tax is unaffected by the Budget changes. In the case of the transfer of a site from a parent to a child which takes place on or after 8 December 2010, Stamp Duty is chargeable on the value of the site transferred. The normal Stamp Duty liability arising on the transfer of a site valued at €60,000, at the rate of 4%, is €2,400. However, where the parties are related, as is the case here, the duty payable is restricted to 50% of the duty that would otherwise be payable. This liability is, therefore, reduced by 50% to €1,200 because of the parent/child relationship.

Joan Burton

Ceist:

253 Deputy Joan Burton asked the Minister for Finance his plans to introduce supports or incentives to attract video game producers here through a BITES scheme or through the extension of the scope of the research and development tax credit; and if he will make a statement on the matter. [48553/10]

As I announced in the recent Budget, the Business Expansion Scheme (BES) will be replaced by the new Employment and Investment Incentive (EII) once the approval of the European Commission has been received. Under the new incentive, the lifetime limit that can be raised by companies will be increased from €2 million to €10 million, and the amount that can be raised in any twelve month period will be increased from €1.5 to €2.5 million. The certification requirements will also be simplified. Full details of the new incentive will be set out in the forthcoming Finance Bill. It would be expected that video game producers would qualify for the new incentive, as indeed they would for the existing BES, which will continue to operate until the new incentive has been approved by the European Commission.

In regard to extending the scope of the research and development (R&D) tax credit, the scheme already applies to basic research, applied research and experimental development. The R&D expenditure must be in a field of science or technology and involve systematic, investigative or experimental activities. The qualifying activities must also seek to achieve scientific or technological advancement and involve the resolution of scientific or technological uncertainty.

Video games are essentially software development and would be a field of science and technology for the purposes of the scheme. If they satisfy the science test (an advance in a field of science and technology), which is the basis for most R&D incentive schemes in other countries too, they would qualify for the relief.

Banking Charges

Joan Burton

Ceist:

254 Deputy Joan Burton asked the Minister for Finance his views on moves in retail banking from the use of Laser cards, charged on a per transaction basis and Visa or Mastercard debit cards, charged on a percentage basis; his further views on whether Irish based retail banks may use the opportunities arising from reduced competition to significantly increase direct and indirect charges to customers for banking services; and if he will make a statement on the matter. [48555/10]

I refer the Deputy to my answer to Question No. 59 of 7 December 2010. Fees may be charged to retailers by acquiring banks for the use of debit or credit cards. These charges include fees for items such as terminal rental, customer services and dispute resolution services. They are a function of and are determined by the interchange fees set by the payment card schemes for the participating acquirers. Interchange fees are paid by the merchant's acquiring bank to the cardholder's bank every time a payment card is used. While interchange fee levels vary depending on the type of payment card, the purpose is to reflect the real operating costs. I understand that certain international card schemes charge fees on the basis of a percentage of the value of the transaction rather than a per transaction fee as is the case with the Laser Card scheme (which is an Irish-based debit card scheme managed by the Irish Payment Services Organisation on behalf of those Irish banks that operate the Laser Card Scheme).

As Minister for Finance, I do not have any role in the regulation of such fees as they are a commercial matter between the given card scheme, the acquiring bank and their customers.

With regard to non-interest charges imposed by retail banks for banking services, all credit institutions, money transmitters and bureaux de change are required, under Section 149 of the Consumer Credit Act 1995 (as amended), to notify the Central Bank if they wish to impose new charges or increase existing charges for customers.

These charges are assessed by the Central Bank in accordance with the criteria laid down in the legislation as follows:

the promotion of fair competition between holders of authorisations and credit institutions;

the commercial justification submitted in respect of the proposal;

the impact new charges or increases in existing charges will have on customers, and

passing on costs to customers.

Having considered the proposed charge(s) under the assessment criteria set out in the legislation, the proposed charges are either rejected, approved at lower levels than requested by the entity or approved in full. Approvals are issued in the form of a letter of direction and the entity is legally bound to comply with this letter of direction. The letter of direction sets out the maximum amount the regulated entity is allowed to charge.

Tax Reliefs

Terence Flanagan

Ceist:

255 Deputy Terence Flanagan asked the Minister for Finance if he will contact a person (details supplied) regarding the abolition of section 23 relief in budget 2011; if he will advise as to whether it is legal to take this relief away; and if he will make a statement on the matter. [48556/10]

For the Deputy's information the person (details supplied) has been in contact with my Department and is being responded to in the normal way. In relation to the second part of the Deputy's question the measures relating to Section 23 relief announced in the Budget were the subject of legal advice.

Banks Recapitalisation

Arthur Morgan

Ceist:

256 Deputy Arthur Morgan asked the Minister for Finance the funding that has gone into the recapitalisation of each of the guaranteed institutions to date; the extent of funds provided to each financial institution on foot of the Credit Institutions (Stabilisation) Bill 2010; the full extent of future funds likely to be required by each institution; and if he will make a statement on the matter. [1000/11]

The table sets out the amount of capital injected by the State into the Irish Banking System to date. The Central Bank has set out the further capital that will be required by AIB, BOI and EBS in order for them to meet a 12% core tier 1 ratio by the end of February 2011 as agreed in the Programme for Financial Support with the IMF, EU and the ECB.

Capitalisation of Credit Institutions

Credit Institution

Cost of Share Acquisition

Cost of Preference Shares

Value of Promissory Notes Issued

Capital Provided to 31 December 2010

Additional CT1 required by Central Bank

€bn

€bn

€bn

€bn

Anglo Irish Bank

4.000

25.28

29.280

Allied Irish Banks

3.700

3.5

7.200

6.065

Bank of Ireland

1.700

1.8

3.500

2.199

Irish Nationwide Building Society

0.100

5.30

5.400

EBS Building Society

0.625

0.25

0.875

0.438

Total

10.100

5.30

30.80

46.300

8.700

*Cash received on cancellation of Warrants.

These Central Bank estimates take account of all elements of the banks' loan books, including the mortgage loan books. It has taken a realistic view of the likely losses to mortgage lenders. Indeed, the loss rates that have been used in both the base and stress case scenarios are in excess of the latest official figures released by the Central Bank. Furthermore, the detailed review undertaken by the external authorities of the financial status of the Irish banks and, in particular, of the Central Bank's PCAR exercise was an important part of the technical discussions underpinning the negotiated package of assistance with the IMF and our European partners. As part of the agreement with the EC, IMF and EU the State has agreed to adopt deleveraging measures and to implement restructuring of the banking sector. To this end, a Prudential Liquidity Assessment Review or "PLAR" will establish target funding ratios for each of the banks, identify non core assets and set an adjustment path to these targets based on specified non public annual benchmarks.

The completion of the Central Bank's PCAR/PLAR exercise will determine the requirement for any future capital support required by the banks.

Departmental Properties

Billy Timmins

Ceist:

257 Deputy Billy Timmins asked the Minister for Finance the position regarding premises (details supplied) rented in view of the fact that the owners of some premises include developers who are in NAMA; and if he will make a statement on the matter. [1013/11]

Billy Timmins

Ceist:

258 Deputy Billy Timmins asked the Minister for Finance the position regarding leases on premises (details supplied) that are owned by developers who are in NAMA; and if he will make a statement on the matter. [1014/11]

I propose to take Questions Nos. 257 and 258 together.

Government Departments, Offices and Agencies lease premises primarily from the Office of Public Works but also from a range of landlord companies, some of whose loans may have transferred to NAMA. Where a lease has been signed, legally binding contractual obligations clearly come into existence. These obligations cannot unilaterally be set aside without creating a breach of contract.

Details about rent paid to individual landlords annually and details regarding the duration of individual leases cannot be divulged for reason of commercial sensitivity.

Tax Collection

Joan Burton

Ceist:

259 Deputy Joan Burton asked the Minister for Finance the number of interest bearing deposit accounts here, and their value; the number of interest bearing deposit accounts here exempt from DIRT, and their value; the amount of DIRT accruing to the State in the most recent tax year; the amount of DIRT foregone by the State in the most recent tax year on DIRT exempt accounts; the single largest instance of DIRT foregone by the State in the most recent tax year; the number of individuals to whom DIRT-exempt interest in the sum of €1m or more accrued in the most recent tax year; and if he will make a statement on the matter. [1047/11]

I am advised by the Revenue Commissioners that Deposit Interest Retention Tax (DIRT) on interest bearing deposits is returned on a twice yearly basis by financial institutions: in October of the tax year in question and the following January. The total value of DIRT due and paid and the total number of DIRT exempt interest bearing accounts is reported to Revenue on the January returns at institutional level. Returns for 2010 are due by 15 January 2011. Revenue does not have complete details on interest bearing deposit accounts here and their value. Separately, under regulations as provided for in Section 891B of the Taxes Consolidation Act 1997, certain financial institutions, such as banks and credit unions, are required to make automatic annual returns at account level electronically to Revenue. The information under S891B is provided where the total payment of interest is greater than €635 in a year, regardless of deduction of DIRT, and in all instances of a first interest payment irrespective of threshold for accounts opened on or after 1 January 2008. These returns include DIRT exempt accounts. Returns for 2010 are due by the end of March 2011.

The total number of interest bearing deposit accounts reported under the regulations for 2009 is 1,272,899. The total value of interest paid to these accounts for 2009 is €3,203,923,841.71. Financial institutions reported 93,100 such accounts as being exempt from DIRT. Revenue does not have data on the value of DIRT forgone in respect of such accounts.

The amount of DIRT collected by the State in the most recent tax year (2010) to date is €446 million approximately. The amount of DIRT collected in 2009 was €614 million approximately.

The EU Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments, commonly known as the "Taxation of Savings Directive", introduced a system of information sharing between tax authorities in respect of interest payments from 1 July 2005. The purpose of the Directive is to ensure that interest payments made in one EU Member State to an individual resident for tax purposes in another Member State are taxed in accordance with the laws of the latter.

Under this Directive the Revenue Commissioners provides information regarding interest payments made by Irish paying agents to individuals resident in other EU Member States. DIRT is not paid on these accounts. A detailed breakdown of the information reported under the Directive is not currently available.

Universal Social Charge

Joan Burton

Ceist:

260 Deputy Joan Burton asked the Minister for Finance the 2012 and full year cost to the Exchequer of increasing the zero-rate threshold for the universal social charge by €100; the 2012 and full year cost to the Exchequer of increasing the 4% rate threshold for the universal social charge by €100; and the 2012 and full year cost to the Exchequer of increasing the 7% rate threshold for the universal social charge by €100. [1050/11]

I am informed by the Revenue Commissioners that the costs to the Exchequer, estimated by reference to 2011 incomes, of increasing the proposed thresholds as suggested by the Deputy are set out as follows:

increasing the lower exemption threshold by €100 from €4,004 to €4,104 would cost €0.4 million in 2011 and €0.5 million in a full year.

increasing the middle threshold by €100 from €10,036 to €10,136 would cost €6.5 million in 2011 and €9 million in a full year.

increasing the upper threshold by €100 from €16,016 to €16,116 would cost €3.5 million in 2011 and €5 million in a full year.

It should be noted that these changes have been individually costed and if the three measures were taken together the overall aggregate cost as a package could vary from the sum total of the three individual costs.

These figures are estimates from the Revenue tax-forecasting model using actual data for the year 2008 adjusted as necessary for income and employment trends for the year 2011. They are therefore provisional and likely to be revised.

The Revenue costing model is not currently in a position to provide corresponding estimates in terms of 2012 incomes.

Joan Burton

Ceist:

261 Deputy Joan Burton asked the Minister for Finance the 2012 and full year cost to the Exchequer of reducing the lower universal social charge rate by 1%; the 2012 and full year cost to the Exchequer of reducing the higher universal social charge rate by 1%; the 2012 and full year revenue which would be raised by introducing a third higher rate for the universal social charge on single incomes of more than €100,000, and dual incomes of more than €200,000, at rates of 8%, 9%, 10%, 11%, 12%, 13%, 14% and 15% on that part of income which is above the relevant threshold [1051/11]

I am informed by the Revenue Commissioners that the costs to the Exchequer, estimated by reference to 2011 incomes, of reducing the proposed rates as suggested by the Deputy are set out as follows:

reducing the lower USC rate of 2% to 1% would cost €160 million in 2011 and €220 million in a full year.

reducing the 4% rate to 3% would cost €80 million in 2011 and €110 million in a full year.

reducing the 7% rate to 6% would cost €325 million in 2011 and €465 million in a full year.

These changes have been individually costed and if the three measures were taken together the overall aggregate cost as a package could vary from the sum total of the three individual costs.

The Universal Social Charge is an individualised charge and as such the yields are calculated for individual incomes of more than €100,000 rather than dual incomes of more than €200,000. On that basis, the estimated Exchequer yields from introducing new higher rates ranging from 8% to 15% to replace the existing 7% rate on single incomes in excess of €100,000 are set out as follows:

a new rate of 8% would yield €40 million in 2011 and €70 million in a full year.

a new rate of 9% would yield €80 million in 2011 and €140 million in a full year.

a new rate of 10% would yield €120 million in 2011 and €205 million in a full year.

a new rate of 11% would yield €160 million in 2011 and €275 million in a full year.

a new rate of 12% would yield €205 million in 2011 and €345 million in a full year.

a new rate of 13% would yield €245 million in 2011 and €415 million in a full year.

a new rate of 14% would yield €285 million in 2011 and €480 million in a full year.

a new rate of 15% would yield €325 million in 2011 and €550 million in a full year.

These figures are estimates from the Revenue tax-forecasting model using actual data for the year 2008 adjusted as necessary for income and employment trends for the year 2011. They are therefore provisional and likely to be revised.

The Revenue costing model is not currently in a position to provide corresponding estimates in terms of 2012 incomes.

Banks Capitalisation

Joan Burton

Ceist:

262 Deputy Joan Burton asked the Minister for Finance the subscribed capital of the Central Bank of Ireland; the total size of the balance sheet of the Central Bank; if he is satisfied that the Central Bank is sufficiently capitalised or if he plans to increase its subscribed capital; and if he will make a statement on the matter. [1052/11]

I am advised by the Central Bank that its capital and reserves stand at €1.5 billion (of which €50,790 is subscribed capital, fixed under Section 9(1) of the Central Bank Act 1942). I am further advised that the Central Bank's total balance sheet stood at €205.45 billion as at 31 December 2010; this is a provisional figure subject to the finalisation of year-end accounts.

The Central Bank of Ireland, as part of the European System of Central Banks, is subject to particular arrangements for the sharing of income and risks throughout the Eurosystem. With regard to the sufficiency of the Central Bank's own capital, this is kept under review.

Tax Code

Chris Andrews

Ceist:

263 Deputy Chris Andrews asked the Minister for Finance the position regarding the payment of stamp duty in respect of a person, a first time buyer (details supplied) in Dublin 6. [1058/11]

As the Deputy is aware, I announced in Budget 2011 a major reform of the charge to Stamp Duty on residential property transactions, which applies to all instruments executed on or after 8 December 2010. These changes have simplified the system by lowering the rates applicable and abolishing a number of exemptions and reliefs. The changes in rates are as follows:

Stamp Duty rates on transfers of residential property up to 7 December 2010

Aggregate Consideration

Rate of Duty

First €125,000

0%

Next €875,000 (up to €1m)

7%

Excess over €1,000,000

9%

New Stamp Duty rates on transfers of residential property from 8 December 2010

Aggregate Consideration

Rate of Duty

First €1,000,000

1%

Excess over €1,000,000

2%

In order to broaden the tax base, a number of reliefs and exemptions have been abolished as follows:

First Time Buyer's Relief;

Relief from Stamp Duty on new houses under 125 sq metres;

Reduced Stamp Duty on new houses over 125 sq metres

Consanguinity relief in respect of residential property transfers;

Exemption for residential property valued under €127,000; and

Site to child relief.

There is also a transitional measure in place, for circumstances where the effect of these changes is to increase the Stamp Duty payable on the transaction. Stamp Duty can be paid under the old regime where a binding contract is in place before 8 December 2010 and the instrument is executed before 1 July 2011.

The Deputy asked about an individual who paid a deposit for a residential property in November 2010. If a legally binding contract to purchase the property was in place before 8 December 2010, that person can avail of the Stamp Duty rates that were in place before Budget 2011, or can opt to avail of the new rates, whichever is more beneficial. If there was no legally binding contract the new rates of Stamp Duty will apply. It should be noted that, for a contract to be legally binding, it is not necessary for it to be set out in writing. The individual's solicitor should be able to advise whether a legally binding contract was in place at that time.

Pension Provisions

Michael McGrath

Ceist:

264 Deputy Michael McGrath asked the Minister for Finance if a person leaving the civil or public service to take up a position in the private sector can transfer their pension contributions made as a civil or public servant to their new occupational pension scheme. [1064/11]

The vast majority of pension schemes in the Civil and Public Service are Defined Benefit (DB) schemes which are funded by the Exchequer on a ‘pay-as-you-go' basis. Unless it is required under the Family Law Acts, pension contributions or accrued pension benefits may not be transferred by a Civil or Public Servant to the private sector. On leaving the Civil or Public Service, accrued benefits are preserved for the individual until they reach normal preserved pension age.

Property Transfers

Joe Carey

Ceist:

265 Deputy Joe Carey asked the Minister for Finance the actions he has taken and those he proposes to take in relation to his stated policy of pursuing to the ends of the earth those that have transferred property and have loans in the National Asset Management Agency; and if he will make a statement on the matter. [1076/11]

I am aware that the Chairman of NAMA has recently outlined a range of measures which the Agency is adopting in its drive to ensure that debtors meet their obligations. In return for NAMA's ongoing support, NAMA requests from Debtors significant lifestyle changes, the reversal of asset transfers and the granting to NAMA of legal charges over unencumbered assets. I am informed that three debtors have already agreed to the reversal of some €130m in asset transfers as part of their business plan review with NAMA.

In relation to asset transfers, in circumstances where it is obvious that the purpose of an asset transfer, whether to a spouse or otherwise, was a pre-emptive attempt to put assets beyond the reach of NAMA, NAMA has a number of statutory remedies available to it. These include the provisions of the Conveyancing Act, the Land and Conveyancing Law Reform Act 2009 and Section 211 of the NAMA Act which provides that NAMA may apply to a Court to declare a disposition to be void if it can show that the effect of the disposition was to impair the value of an eligible bank asset or any rights that NAMA would have acquired but for the disposition.

Ultimately, where the evidence available to NAMA is that a debtor has failed, as part of a sworn statement, to disclose all his assets as part of the debtor business plan process, he will be faced with very serious consequences as it would be an offence under section 7 of the NAMA Act. NAMA has made it very clear that it will not work with debtors who fail to co-operate fully and openly with it. NAMA will also pursue through the courts debtors who fail to co-operate with it in terms of agreeing to the reversal of asset transfers or to the granting of legal charges over unencumbered assets where NAMA believes that assets were intentionally put beyond its reach.

Commemorative Events

Charlie O'Connor

Ceist:

266 Deputy Charlie O’Connor asked the Minister for Finance if he will consider the issue of a euro-denominated commemorative coin, in either €5 or €10 denominations, to mark the 100th anniversary of the Easter Rising in 2016, that the coin be used both as a presentation item and also on sale to the general public; and in view of the fact that the issue of such a coin would require the approval of the European Central Bank, will he also make a decision in the near future to ensure that a design competition could be initiated in order to have the coin available by the start of 2016; and if he will make a statement on the matter. [1088/11]

The issue of a euro denominated commemorative coin is among the initiatives being considered in relation to the Centenary of the Easter Rising. The Commemorative Programme for the Centenary of the Rising is under development at present at official level and will be progressed with an all party Oireachtas consultation group under the chairmanship of Mr. Tony Killeen T.D., Minister for Defence.

Approval from the ECB is not required to issue this type of coin. It is not envisaged that the design process will commence before 2014. The decision on the denomination and the specifications of the coin and whether it will be gold or silver will also be decided on at that point.

National Solidarity Bonds

Charlie O'Connor

Ceist:

267 Deputy Charlie O’Connor asked the Minister for Finance if he will now reassure potential investors on the benefit to them of the four and ten year national solidarity bonds in view of the decision to cancel section 23 relief; and if he will make a statement on the matter. [1089/11]

In Budget 2010, I announced the Government's intention to launch a 10 year National Solidarity Bond, the purpose of which is to allow citizens an opportunity to invest and provide money to the State to stimulate economic recovery and to assist in the maintenance and creation of employment. The necessary legislative basis was provided in the 2010 Finance Act and the Bond, which was launched on Tuesday 4 May 2010, has been very successful with some €350m invested by 16,200 customers during 2010. In Budget 2011, I announced the introduction of a new, four-year, National Solidarity Bond to complement the ten-year National Solidarity Bond. The bond will pay a coupon each year and a bonus for those who hold the bond to maturity.

All State savings which are managed by the National Treasury Management Agency are a direct unconditional obligation of the Irish Government and the Government is committed to repaying all State Savings without any limit.

As regards Section 23 reliefs, the Government committed in the Joint Programme for Government to ending unnecessary tax reliefs. The measures announced in the Budget for 2011 will achieve the phased abolition of the property-based "legacy" tax reliefs, including Section 23 relief, and will eliminate the remaining cost of such schemes to the Exchequer.

Tax Collection

Pat Breen

Ceist:

268 Deputy Pat Breen asked the Minister for Finance if he will report on the revenue generated by the carbon tax in 2010; if he will outline the spending of same; and if he will make a statement on the matter. [1103/11]

I am informed by the Revenue Commissioners the revenue received from the carbon tax is €246.5 million in 2010. The breakdown by each fuel type between the carbon tax and the estimated VAT is as follows:

2010 Jan. to Dec.

Carbon Tax

Estimated VAT

Total

€m

€m

€m

Auto Diesel

98.4

2.1

100.5

Petrol

65.1

13.7

78.8

MGO

27.0

3.6

30.6

Kerosene

17.0

2.3

19.3

Fuel Oil

1.6

1.6

LPG

2.6

0.3

2.9

Natural Gas

11.3

1.5

12.8

Total

223.0

23.5

246.5

The revenue will, amongst other things, be used to boost energy efficiency, to support rural transport and to alleviate fuel poverty.

Revenue Correspondence

Paul Kehoe

Ceist:

269 Deputy Paul Kehoe asked the Minister for Finance the status of the request for assistance in respect of a person (details supplied); and if he will make a statement on the matter. [1104/11]

This is a matter for the Revenue Commissioners. I am informed by the Revenue Commissioners that the action it took in this instance followed a failure by the person concerned to engage with Revenue. Revenue has not received any request for assistance from the person concerned. The person concerned should make direct contact now with Revenue with a view to all matters being resolved.

International Monetary Fund

Leo Varadkar

Ceist:

270 Deputy Leo Varadkar asked the Minister for Finance further to Parliamentary Question No. 141 of 16 December 2010, the reason he claims that the International Monetary Fund interest rate of 5.7% when Mr. Ajai Chopra of the IMF says that it is 4.1%; and if he will make a statement on the matter. [1124/11]

IMF lending is denominated in the Fund's unit of account, Special Drawing Rights (SDRs). The SDR comprises a basket of four currencies, Euro, Sterling, the US Dollar and Japanese Yen. The IMF's lending rate is based on the three month floating interest rates for the currencies in the basket. The IMF's interest rate is a floating rate that is linked to the SDR interest rate with some surcharges applied on top of that. The way this works is that the interest rate depends on the amount borrowed and for how long it is outstanding. This is the rate that applies to all member countries of the IMF and this is a formula that applies to all member countries. It is not a number that is case specific. The IMF have two different types of loan facilities. One is for low-income countries that qualify for concessional financing, and the other is the regular facility and that is what Ireland is borrowing under so that the formula for the interest rate does not change

Quota subscriptions generate most of the IMF's financial resources. Each member country of the IMF is assigned a quota, based broadly on its relative position in the world economy. A member country's quota determines its maximum financial commitment to the IMF, its voting power, and has a bearing on its access to IMF financing.

In relation to the clarification sought by the Deputy, under the Extended Fund Facility arrangement which applies in Ireland's case, the basic rate (of charge) is based as stated above on the fluctuating SDR rate currently 33 bps to which a margin is added that is fixed annually in May, currently 100 bps, and a burden sharing element currently 1 basis point. Surcharges are added to the basic rate and, in Ireland's case, these amount by definition to 300 bps for credit outstanding above 300% of Quota after thirty-six months resulting in an overall cost of funds of 4.34% (for the first thirty-six months this surcharge for credit outstanding above 300% of Quota is 200 basis points). If the relevant IMF rate is technically swapped into fixed rate Euro of 7.5 years duration, it corresponds to the average interest of 5.7% quoted at the date of the EU-IMF Agreement. This expresses the IMF interest rate in terms which can be compared with the cost of borrowing from EU sources. Both interest rates equate to the same cost of funding.

Departmental Expenditure

Lucinda Creighton

Ceist:

271 Deputy Lucinda Creighton asked the Minister for Finance the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1175/11]

My Department did not incur any such costs during the years 2007-2010.

Lucinda Creighton

Ceist:

272 Deputy Lucinda Creighton asked the Minister for Finance the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1190/11]

Lucinda Creighton

Ceist:

273 Deputy Lucinda Creighton asked the Minister for Finance the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1205/11]

I propose to take Questions Nos. 272 and 273 together.

The table sets out the total number of mobile telephones paid for and the total costs of paying mobile phone bills by my Department and by public bodies under my remit in each of the past four years (2007 to 2010).

In the time available the Office of Public Works was unable to provide the information requested. The information is being collated by that office and will issue directly to the Deputy.

The costs included for the Special EU Programmes Body are co-funded by the Department of Finance & Personnel and in some cases by the EU. Accordingly a maximum of 50% of the costs included for that body are borne by my Department.

2006

2006

2007

2007

2008

2008

2009

2009

2010

2010

Office

Number

Cost

Number

Cost

Number

Cost

Number

Cost

Number

Cost

(€)

(€)

(€)

(€)

(€)

Office of the Minister for Finance

185

69,851

206

93,634

195

84,954

167

57,499

155

53,148

Office of the Ombudsman

10

3,965

10

3,417

8

4,284

9

3,376

9

3,480

Valuation Office

76

31,852

89

46,824

92

43,086

98

31,478

90

27,438

State Laboratory

8

3,779

8

3,951

7

2,040

4

1,043

4

1,036

Office of the C&AG

20

5,879

20

4,990

18

4,815

19

3,714

15

2,872

Offices of the Appeals Commissioner and of the Revenue Commissioner

1,013

320,862

1,091

421,314

1,191

404,925

1,255

371,546

1,278

335,362

Public Appointments Service

41

19,947

41

19,074

42

21,583

41

20,623

27

14,523

Commission for Public Service Appointments

6

2,015

6

2,085

6

2,072

6

2,013

3

206

Special EU Programmes Body

12

10,092

14

11,912

20

18,325

20

17,531

20

13,840

Public Service Agreement

Lucinda Creighton

Ceist:

274 Deputy Lucinda Creighton asked the Minister for Finance the discussions he has had with public service unions in relation to strengthening performance management and delivery systems in the Civil Service; and if he will make a statement on the matter. [1213/11]

The Public Service Agreement 2010-2014 contains a commitment "to introduce significantly improved performance management across all Public Service areas, and following the current review, the Performance Management and Development System will be strengthened with promotion and incremental progression linked in all cases to performance and the implementation of appropriate systems to address under-performance, including, where appropriate, training or, where necessary, through disciplinary procedures". In the civil service work is well underway on achieving this goal. The 2010 Evaluation of PMDS has been completed. Negotiations with the Unions have commenced in relation to how the PMDS can be strengthened. A meeting of the sub-committee of General Council on PMDS on which the Unions are represented took place on 2 December 2010 and further meetings are planned for early 2011.

Performance management in the civil service is already linked to promotion and to incremental progression and the systems in place to address underperformance are now being assessed.

Departmental Expenditure

Lucinda Creighton

Ceist:

275 Deputy Lucinda Creighton asked the Minister for Finance the allocated funding and expenditure of the Central Bank Commission in 2010; and if he will make a statement on the matter. [1232/11]

Primarily the allocation of funds within the Central Bank is a matter for the Bank itself. Full details of the Bank's income and expenditure are set out in its 2009 Annual Report. I have been advised by the Central Bank that for the most recent audited period outturn data for 2010 has yet to be finalised. Prior to the commencement of the Central Bank Reform Act 2010 on 1 October 2010, I approved the Financial Regulators Statement of Income and Expenditure for 2010 under section 33N of the Central Bank Act, 1942. The Statement showed the Regulatory Authority which was then a constituent part of the Central Bank and Financial Services Authority of Ireland (CBFSAI) would have overall operating expenses of €78.079 million in 2010. The Bank proposed that €41.240 million would be raised by means of levies imposed on the financial services industry with the balance of €36.839 million to be met by way of subvention by the CBFSAI.

Following commencement of the 2010 Act section 33N of the Central Bank Act 1942 is replaced by a new procedure whereby the role of the Minister for Finance is limited to approving regulations made by the Bank each year to impose levies on financial service providers for the purpose of funding financial regulation.

Lucinda Creighton

Ceist:

276 Deputy Lucinda Creighton asked the Minister for Finance the total remuneration awarded to the chairperson, deputy chairperson and lay members of the Irish Financial Services Appeals Tribunal in each of the years 2007, 2008, 2009 and 2010; the allocated funding and expenditure of the tribunal in each of those years; and if he will make a statement on the matter. [1233/11]

The Central Bank Act, 1942 as amended by the Central Bank and Financial Services Authority of Ireland Act 2003 provided for the establishment of the Irish Financial Services Appeals Tribunal (IFSAT). IFSAT is an independent body providing for appeals against certain decisions made by the Central Bank (formerly by the Financial Regulator) including administrative sanctions. The Act provides for the appointment of two executive members i.e. the Chairperson and the Deputy Chairperson and no fewer than one and no more than five lay members.

The Chairperson's Remuneration for the years 2007 to 2010 are as follows:

Year

Fees

2007:

Administrative Fees:

48,528.00

Hearing Fees:

9,099.00

Total:

57,627.00

2008:

Administrative Fees:

34,374.00

Hearing Fees:

Nil

Total:

34,374.00

2009:

Administrative Fees:

24,264.00

Hearing Fees:

5,580.72

Total:

29,844.72

2010:

Administrative Fees:

24,264.00

Hearing Fees:

930.12

Total:

25,194.12

The Deputy Chairperson's Remuneration for the years 2007 to 2010 are as follows:

Year

Fees

2007:

Administrative Fees:

26,426.40

Hearing Fees:

1,101.10

Total:

27,527.50

2008:

Administrative Fees:

18,796.05

Hearing Fees:

Nil

Total:

18,796.05

2009:

Administrative Fees:

13,267.80

Hearing Fees:

7,120.39

Total:

20,388.19

2010:

Administrative Fees:

13,267.80

Hearing Fees:

Nil

Total:

13,267.80

The Lay Members' Remuneration for the years 2007 to 2010 are as follows:

Year

Fees

2007:

Administrative Fees:

Nil

Hearing Fees:

€12,328.80

Total:

€12,328.80

2008:

Administrative Fees:

Nil

Hearing Fees:

Nil

Total:

Nil

2009:

Administrative Fees:

Nil

Hearing Fees:

€10,106.84

Total:

€10,106.84

2010:

Administrative Fees:

Nil

Hearing Fees:

€1,214.40

Total:

€1,214.40

Budget and expenditure details are as follows:

Year

2007

Budget: €452,630

Expenditure: €193,343

2008

Budget: €488,230

Expenditure: €107,419

2009

Budget: €419,166

Expenditure: €123,814

2010

Budget: €529,602

The Tribunal's Accounts for the year 2010 have not been prepared at this time and consequently the expenditure figure is not available.

Lucinda Creighton

Ceist:

277 Deputy Lucinda Creighton asked the Minister for Finance the remuneration and expenses awarded to members of the following State boards and agencies in the years 2007, 2008, 2009 and 2010: the Civil Services Disciplinary Appeals Board, Credit Union Advisory Committee, Decentralisation Implementation Group, Financial Services Ombudsman Council, Disabled Drivers Medical Board of Appeal, National Development Finance Agency, National Pensions Reserve Fund Commission, Outside Appointments Board, Public Appointments Service Board and Sealuchais Arachais Teoranta; the allocated funding and expenditure of each board or agency in each of those years; and if he will make a statement on the matter. [1234/11]

Following is the information requested by the Deputy.

Civil Service Disciplinary Appeals Board

The Chairperson and Deputy Chairperson of the Civil Service Disciplinary Code Appeals Board are the only members of the Appeals Board to receive a fee. The current fees per sitting day are €752.40 and €416.36 respectively. The majority of appeals are heard in one sitting day. The following are the rates and amounts actually paid.

Record of payments to Chairperson

Year

Amount Paid

Comment

2007

Nil

2008

€5,130 (€855 per diem)

Six appeals heard in six sitting days (two in respect of 2007)

2009

€12,825 (€855 per diem)

Nine appeals heard in fifteen sitting days (two in respect of 2008).

2010

€1,504.80 (€752.40 per diem)

Two appeals heard in two sitting days

Record of payments to Deputy Chairperson (role created 1 January 2009)

Year

Amount Paid

Comment

2009

Nil

2010

€866.36 (€450 and €416.36 per diem)

Two appeals heard in two sitting days ( one in respect of 2009)

Financial Services Ombudsman Council

Year

Remuneration

Council Expenses

2007

Chairman €24,000

€40,714

Member €14,000

2008

Chairman €24,000

€23,802

Member €14,000

2009

Chairman €22,400

€8,994

Member €13,067

2010

Chairman €21,600

€6,500 (Approx)

Member €12,600

Estimate and Costs of Decentralisation Implementation Group 2007-2010

Years

2007-2010

2010

2009

2008

2007

Estimate*

193,850

8,900

4,950

90,000

90,000

Remuneration including Employers PRSI

137,857

3,882

26,350

61,239

46,386

*Initial Annual Allocation.

Credit Union Advisory Committee (CUAC)

2007

2008

2009

2010 *

Fees

16,900.00

16,900.00

16,900.00

5,351.65

Expenses incl. lunch/other

15,570.97

14,496.23

11,424.67

349.45.00

Allocated funding

80,000.00

50,000.00

46,000.00

16,000.00

Expenditure

37,621.24

36,557.57

29,594.84

5,701.10

*CUAC was re-established in early September 2010, therefore the figures for 2010 cover only 4 months and there have been no payments made for expenses claims as the only member to claim has as yet not provided sufficient detail to be set up on our system.

Sealuchais Arachais Teoranta

No comparable information is available for Sealuchais Arachais Teoranta which is a holding company.

National Pensions Reserve Fund (NPRF) Commission

The fees and expenses of the National Pensions Reserve Fund Commission, which are charged to the National Pensions Reserve Fund, were as follows:

2007

2008

2009

2010*

fees

281,934

285,691

276,064

222,749

expenses of NPRF Commission

52,467

55,019

8,788

15,399

*Figures in respect of 2010 are preliminary and unaudited.

The principal component of fees and expenses of the NPRF is investment management fees paid to third-party investment managers.

National Development Finance Agency (NDFA)

The NDFA performs its functions through the NTMA. The associated costs are included in the administration expenses of the NTMA and are charged to the Central Fund. The figures for 2007 to 2009 were as follows:

2007

2008

2009

2010

NDFA

€4.4m

€7.7m

€7.3m

n.a.*

NDFA Board

— Fees

€84,000

€84,000

€81,900

€75,600**

— expenses

*Not yet available

**Preliminary and unaudited.

Fees and expenses with regard to infrastructure projects in which the NDFA is involved are recharged to the procuring State authorities and are not included in the above figures.

Remuneration and Expenses awarded to PAS Board

Year

Remuneration

Expenses

Total

2007

34,651.32

0.00

34,651.32

2008

27,543.55

136.00

27,679.55

2009

29,902.00

5.40

29,907.40

2010

28,800.00

0.00

28,800.00

The Disabled Drivers Medical Board of Appeal

The Disabled Drivers Medical Board of Appeal is hosted by the National Rehabilitation Hospital (NRH),

Rochestown Avenue, Dun Laoghaire, Co. Dublin on behalf of the Department of Finance. The cost of the Board has been recouped to the NRH since 2005 from the Department of Finance Vote.

The amounts recouped to the NRH in the years 2007 to 2010 are shown below. These amounts include the salary costs of the Chairperson of the Board who also works as a consultant with the NRH and Beaumont Hospital.

The Medical Board of Appeal deals with appeals under the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme. It constitutes a Chairperson and a panel of medical doctors. In addition to the Chairperson, two doctors from the panel attend each Appeal Board sitting. The latter doctors are paid a session rate per hearing, locum cover and travel and expenses where appropriate; for example in 2010 the overall total cost of such payments amounted to around €29,200.

All appointments to the Medical Board of Appeal are made by the Minister for Finance on the nomination of the Minister for Health and Children and are for a period of 4 years.

Years

Original Allocation

Expenditure/Amount recouped

Consultant/ Chairpersons Salary

Session rate per Doctor per hearing

2007

300,000

285,539

180,511

235/330 per half day

2008

330,000

320,323

187,344

660 per full day

2009

300,000

371,467

226,460

607.20 per full day

2010

350,000

311,548

189,059

607.20 per full day

Lucinda Creighton

Ceist:

278 Deputy Lucinda Creighton asked the Minister for Finance the allocated funding and expenditure of the State Claims Agency policy committee in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1235/11]

The State Claims Agency (SCA) is a function of the National Treasury Management Agency (NTMA). The administrative costs incurred by the NTMA in the performance of this function, which include the fees and expenses of the State Claims Agency Policy Committee, are included in the administration expenses of the NTMA and are charged to the Central Fund—

2007

2008

2009

2010

Administrative costs

€7.2m

€7.5m

€7.8m

n.a.*

of which:

fees

€41,578

€35,553

€32,378

€43,425**

expenses of SCA Policy Committee

€1,426

€1,426

€1,470

€270**

*Not yet available.

**Preliminary and unaudited.

Universal Social Charge

Paul Kehoe

Ceist:

279 Deputy Paul Kehoe asked the Minister for Finance if persons receiving social welfare payments are exempt from the universal social charge; if persons receiving a social welfare payment from another country are exempt, for example, a person over 70 years receiving a UK state pension; if not, can they be included in the list of exemptions; and if he will make a statement on the matter. [1246/11]

The position is that payments made under the Social Welfare Acts and payments that are of a similar nature, including social welfare payments made by authorities in other countries such as a UK social security pension, are exempt from the Universal Social Charge (USC). However, where an individual has both social welfare-type payments and other income, the other income will be liable to the Universal Social Charge once it exceeds the annual entry threshold of €4,004. While there is no general exemption from the USC for individuals aged over 70 years, such individuals will pay USC, on any non-social welfare type income, at the rate of 2% on the first €10,036 of income and at a rate of 4% on income above that amount. Other individuals will pay USC at the rate of 2% on the first €10,036 of income, a rate of 4% on the next €5,980 of income and a rate of 7% on the remainder of their income.

Public Service Agreement

Denis Naughten

Ceist:

280 Deputy Denis Naughten asked the Minister for Finance the steps taken to date on the implementation of the Croke Park agreement; the implementation plans for 2011; the specific measures which will be taken at local government level; and if he will make a statement on the matter. [1253/11]

The Public Service Agreement (Croke Park Agreement) provides a sustainable framework to manage the provision and delivery of our essential public services in a period of unprecedented pressure on public resources. In this regard, the Exchequer Pay Bill will be approximately 8% less in 2010 over 2009 while the number of public servants has reduced by almost 12,000 since March 09, resulting in significant savings in the public service paybill. Further savings targets for 2011 of €310m, and a reduction in numbers to 301,000 as set out in the Budget Estimates, now form part of the allocation for each Department and Agency over the coming year. The delivery of the required savings, including payroll savings, will be monitored closely, including by reference to the implementation of the Croke Park Agreement.

Specific measures planned for the Local Government sector are included in the Action Plan for that sector which is published on the website of the Department of the Environment, Heritage and Local Government. The Implementation Body for the Agreement requested the various sectors, including the Local Government sector, in December last to revise their Action Plans to take account of the targets in the National Recovery Plan and the allocations made under Budget 2011. These revised plans are due to be submitted this week. The Implementation Body will be seeking to ensure that the plans deliver the necessary savings and efficiencies to meet the Government's requirements under the National Recovery Plan.

EU-IMF Fund

Martin Ferris

Ceist:

281 Deputy Martin Ferris asked the Minister for Finance if it would be possible for this Government, or an incoming Government, to renegotiate the interest rate on the funding made available from the EU as part of the recent EU-International Monetary Fund package; and if he will make a statement on the matter. [1320/11]

It is important to understand that while there has always been the possibility under the EU-IMF Programme for this Government or any new Government to substitute alternative measures within the programme where they are as economically efficient and of equal fiscal effect and that the agreed size and speed of the budgetary adjustment is maintained, the position in relation to the interest rate charged is different. The interest rate for funding from the IMF and the various EU funding lines were determined by a common approach for any borrower. Accordingly, any changes to these rates cannot be negotiated for Ireland in isolation and must be seen in the wider context. We must bring realism to the debate about our financial difficulties. I agree with recent comments in this regard by the Governor of the Central Bank, Professor Honohan to the effect that there must be "a clearer understanding of what is possible and what is not possible to be done".

It is important to note that the (blended) interest rate on the loans to be provided to Ireland is at a far lower cost than would be available to Ireland in the financial markets. It is designed to avoid overburdening the Member State concerned or acting as an impediment to economic growth while at the same time providing an incentive to return to the markets. At present the yield on Irish government bonds is just below 9% in the secondary markets. We will not be obliged to drawdown any of these loans if there is an opportunity to return to the markets at sustainable rates or we can access funds at lower cost elsewhere.

Tax Reliefs

Finian McGrath

Ceist:

282 Deputy Finian McGrath asked the Minister for Finance if he will examine and support a proposal on forced lay-offs (details supplied). [1326/11]

As stated in my response to the Deputy's previous question in this matter, the decision to abolish the relief was taken in the light of a recommendation to this effect by the Commission on Taxation. The Commission's views on this relief were quite definitive. It found that it had not had the desired impact on innovation and R&D activity and, that despite various refinements to the scheme over the years, suggested that the relief was not a particularly well-targeted measure providing good value for money. The Commission also expressed the view that the relief had not resulted to any great extent in companies carrying out R&D activity and that it was being used in some cases by companies "as a tax avoidance device to remunerate employees". Abolition of the patent income exemption will yield €50 million to the Exchequer in a full year and this is provided for in the National Recovery Plan.

The Government agrees with the conclusions of the Commission and believes that in the current challenging times scarce resources should be focused instead on the R&D tax credit scheme. The R&D credit scheme provides a more direct and effective incentive for enterprises to innovate and invest in R&D activities and the scheme has been enhanced considerably in recent years to make it one of the most competitive of its kind anywhere.

The Business Expansion Scheme is also available to help small and medium sized companies raise risk capital investments from private investors. As you may be aware, I announced in the recent Budget that this scheme will be replaced by an Employment Investment Incentive once the approval of the European Commission has been received. The new incentive will provide an increase in the limits that companies can raise as well as a simplified certification requirement. Full details will be included in the forthcoming Finance Bill.

Business Regulation

Mary Upton

Ceist:

283 Deputy Mary Upton asked the Minister for Finance further to Parliamentary Question No. 108 of 1 December 2010, the number of occasions in each of the past five years that the Revenue Commissioners have published notices of a cancelled licence, as provided by section 23 of the Auctioneers and House Agents Act 1947; and if he will make a statement on the matter. [1338/11]

I am advised by the Revenue Commissioners that under the Auctioneers and House Agents Acts 1947 to 1973 licences are issued to auctioneers and house agents by their Office. I am further advised by the Revenue Commissioners that under the provisions of section 18 of the Auctioneers and House Agents Act 1947, whenever a Court cancels or suspends a licence or an auction permit, or declares a person to be disqualified from holding a licence, or confirms, annuls or varies any cancellation, suspension or disqualification, the registrar or clerk of the Court shall inform the Revenue Commissioners. Section 23 of that Act provides that the Revenue Commissioners shall, as soon as may be after the cancellation of a licence or an auction permit, publish in Iris Oifigiúil notice of the cancellation.

For the years 2006 to 2010 inclusive, the Revenue Commissioners have no record of having received a notification from the Courts under the provisions of section 18 of the Auctioneers and House Agents Act 1947 and, accordingly, they have not published any notices of cancelled licences for the years in question.

Tax Code

Terence Flanagan

Ceist:

284 Deputy Terence Flanagan asked the Minister for Finance the position regarding the pension levy (details supplied); and if he will make a statement on the matter. [1339/11]

As outlined in the National Recovery Plan 2011-2014 (published 24 November 2010), the Government decided, in the context of present budgetary constraints, that it would be appropriate for some retired public service pensioners to make a contribution to required financial adjustments. This decision was taken having regard to the gap between the burden being borne by those currently in public service employment (where the pension related deduction (PRD) and pay reduction have impacted) and those in retirement. The Government also took into account the general reduction in prices: CPI is now at 2007 levels, whereas public service pensioners received general round increases of 2% in June 2007, 2.5% in March 2008 and 2.5% in September 2008 — providing an increase in the real value of public service pensions.

Accordingly, in Budget 2011 (on 7 December 2010) I announced that public service pensions above €12,000 a year would be reduced by an average of 4%. The reduction required legislation to be passed before the end of 2010 and, having being passed by both Houses of the Oireachtas, the Financial Emergency Measures in the Public Interest Act 2010, giving effect to the measure on and from 1 January 2011, was signed into law on 22 December 2010.

Denis Naughten

Ceist:

285 Deputy Denis Naughten asked the Minister for Finance further to Parliamentary Question No. 130 of 14 December 2010, if he will outline the consideration given to the upper Shannon rural renewal scheme; and if he will make a statement on the matter. [1348/11]

The mid-Shannon Corridor Tourism Infrastructure Investment Scheme provides for capital allowances to be available in relation to tourism infrastructure facilities. The allowances are for qualifying construction and refurbishment expenditure incurred in the qualifying three-year period. The Scheme is subject to the measures relating to property-based reliefs as announced in the Budget.

Further detail in relation to such schemes will be included in the forthcoming Finance Bill.

Public Service Contracts

Denis Naughten

Ceist:

286 Deputy Denis Naughten asked the Minister for Finance if companies (details supplied) currently have public contracts; the value of such contracts; and if he will make a statement on the matter. [1349/11]

The Department of Finance does not maintain information centrally about the individual contracts awarded by each public contracting authority, so I am not immediately aware whether the particular companies about which the Deputy is enquiring at present hold any public sector contracts. However, I will seek to have the data sought by the Deputy ascertained, and I will communicate with him as soon as may be.

Agreements with Members

Caoimhghín Ó Caoláin

Ceist:

287 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the discussions he had with Independent Deputies (details supplied) in advance of budget 2011; the resulting changes, if any, in the Government’s arrangements with those Deputies; and if he will make a statement on the matter. [47127/10]

As Minister for Finance, I receive representations from many deputies supporting the government, and indeed some opposition deputies, about budgetary matters at budget time. I had discussions on these matters with many of these deputies. Ultimately, decisions on budgetary matters are a matter for the Government.

Tax Code

Arthur Morgan

Ceist:

288 Deputy Arthur Morgan asked the Minister for Finance if he will describe the new business investments targeting employment schemes that are replacing the business expansion scheme; the way the two schemes differ; when European Commission approval for the scheme will be received; when the new scheme will be operational; and if he will make a statement on the matter. [45500/10]

As I announced in the recent Budget, the Business Expansion Scheme (BES) is being replaced by the new Employment and Investment Incentive (EII). Under the new incentive, the lifetime limit that can be raised by companies will be increased from €2 million to €10 million, and the amount that can be raised in any twelve month period will be increased from €1.5 to €2.5 million. The certification requirements will also be simplified. Full details for this new incentive will be available in the forthcoming Finance Bill. The new incentive will become operational once the approval of the European Commission has been received. Pending the receipt of this approval, the existing BES will continue to operate.

It is not possible to stipulate when the approval of the European Commission will be received. However, it is hoped that a favourable decision will be made in as short a time-frame as possible.

National Recovery Plan

Eamon Gilmore

Ceist:

289 Deputy Eamon Gilmore asked the Minister for Finance if he will make a statement on the publication of the National Recovery Plan 2011-2014. [45171/10]

The National Recovery Plan 2011-2014 was published on 24 November 2010 and provides a blueprint for a return to sustainable growth in the Irish economy. In particular, the Plan sets out the measures that will be taken to restore order to our public finances. Adjustments of nearly €15 billion have already been implemented over the past two and a half years and, as the recent end-2010 Exchequer Returns show, these measures have succeeded in stabilising the budget deficit. An additional €15 billion package of measures is required to bring the deficit back below 3% of GDP by 2014. Budget 2011 represents the first step in the implementation of that programme and, taking account of the €6 billion adjustment package, projects a General Government deficit of 9.4% of GDP by the end of this year. In this regard, it is positive to note that the end of year figures that my Department reported on last week, showed the public finances being marginally better than had been planned for in 2010.

Reducing the budget deficit is necessary, but it will not, by itself, solve our economic difficulties. We must grow our economy by improving our competitiveness and build on our strong export performance. The National Recovery Plan 2011-2014 also identifies the areas of economic activity which will provide growth and employment in the recovery and specifies the reforms the Government will implement to accelerate growth in key sectors of the economy.

A range of specific policy actions will further support the process of recovery. These can be broadly categorised as follows:

labour market reforms to remove barriers to employment and disincentives to work;

reforms to improve the non-labour elements of cost competitiveness;

supportive sectoral policies to assist recovery across the enterprise base.

These policy actions will support the export recovery, which can, in turn, deliver high value employment and act to stimulate the domestically trading sectors of the economy. Given that Ireland is a small open economy, sustainable growth in the long-term must be export-led.

Question No. 290 answered with Question No. 74.

Insurance Industry

Willie Penrose

Ceist:

291 Deputy Willie Penrose asked the Minister for Finance the way he plans to implement the commitment contained in the National Recovery Plan 2011-2014 to identify further ways to tackle increases in insurance costs, building on the achievements of the Personal Injuries Assessment Board; and if he will make a statement on the matter. [45533/10]

I am considering how best to implement the commitment contained in the National Recovery Plan 2011-2014 to identify further ways to tackle increases in insurance costs, building on the achievements of the Personal Injuries Assessment Board (PIAB). The experience of the PIAB suggests that significant savings can be achieved compared with the prior adversarial approach and I am anxious that lessons are learned from this experience. I am aware of the increased pressure on insurance premiums in recent times particularly in the household insurance area. Much of this is due to the unprecedented level of claims which the insurance industry suffered in the winter of 2009/2010. The insurance industry estimated that, between the November 2009 flooding and the big freeze at the start of 2010, they have paid out about 550 million euro worth of claims. The industry has put the level of claims in further context by indicating that the insured cost of these two weather events exceeded the total cost of all serious weather events that have occurred in the last decade. This cost was estimated at 358 million euro. A further increase in claims is expected as a result of the recent inclement weather.

Even in advance of the weather-related claims, market analysts had identified and reported on a number of important market developments that were expected to lead to upward pressure on premiums. For example, the 2009 Standard & Poors report on the non-life insurance market warned that the next few years were likely to mark a testing time for Irish non-life insurers. In particular, the report highlighted that underwriting profitability would become much more important due, for example, to the volatility of global stock markets, amongst other factors. The report noted the importance of price discipline to ensure the long-term economics of the insurance marketplace.

Finally, the Deputy might wish to note that neither the Central Bank nor I, in my role as Minister for Finance, can prohibit or restrict an insurance company from increasing its annual premium rates. This is a commercial decision for the company in question based on an assessment of the risks involved.

Ministerial Appointments

Liz McManus

Ceist:

292 Deputy Liz McManus asked the Minister for Finance his plans to appoint a chief information officer; the reasons for the delay in making this appointment; and if he will make a statement on the matter. [44988/10]

As I advised the House on 21 October 2010, the Government has approved the appointment of a Chief Information Officer. Work has been underway in my Department to give effect to this decision. This work includes consultations with other Departments on the precise terms of the job description. Once this has been completed the actual recruitment process will commence.

Flood Relief

Joanna Tuffy

Ceist:

293 Deputy Joanna Tuffy asked the Minister for Finance the reason the publication of the report into the feasibility of introducing a national flood warning system has been delayed until next year in view of the enormous hardship caused by flood damage throughout the country last year and the enormous cost to the economy as a result of lost business; and if he will make a statement on the matter. [44390/10]

The Fourth Report of the Joint Oireachtas Committee on the Environment Heritage and Local Government — The Management of Severe Weather Events in Ireland and related matters was published in July 2010. This report made a number of recommendations which included the provision of flood early warning systems, a matter relevant to the remit of the OPW.

Prior to the publication of the report of the Joint Committee in July, the OPW had, already, commissioned a strategic review of options for flood forecasting and flood warning in Ireland. The review has a very wide scope covering flood forecasting and flood warning systems internationally, and the feasibility and applicability of such systems to Ireland. A comprehensive review of the options available to meet national circumstances will take approximately one year to complete. I am satisfied that the review process is on schedule.

Tax Code

Joe Costello

Ceist:

294 Deputy Joe Costello asked the Minister for Finance if he will outline the range of Government taxes applied to air travel here at present; if he is satisfied that these taxes are properly applied by the airlines; if he will consider abolishing the punitive €10 passenger air travel tax; if the opening of Dublin Airport’s Terminal 2 on Friday 19 of November would be a suitable occasion to make such an announcement; and if he will make a statement on the matter. [43024/10]

In accordance with section 55 of the Finance (No. 2) Act 2008, an air travel tax is levied on air travel. Subject to some exceptions, the tax is charged at the rate of €2 per passenger in the case of a flight from an airport in the State to another airport located not more than 300 kilometres from Dublin Airport and at the rate of €10 per passenger in all other cases. The yield from the air travel tax in respect of the nine months it was in place in 2009 was €84.4 million and the yield in 2010 was €104.6 million — total €189 million. Almost all the fuel used for commercial air travel is jet kerosene, which is exempt from excise duty.

As regards VAT, the position is that the transport of passengers and their accompanying baggage is exempt from VAT by virtue of paragraph 14(3) of Schedule 1 to the Value-Added Tax Act 1972.

I do not accept that the air travel tax has a material impact on tourism numbers. Prospective visitors will base their choice of destination on a range of issues. These will include the cost of travelling to a destination but are more likely to be influenced by the cost structure within that destination, and the range of activities and visitor attractions on offer.

However, taking account of some of the comments made last year, I announced in the Budget a single revised rate of air travel tax of €3 with effect from 1 March 2011 and will assess the impact of this to see if passenger numbers are affected.

Joe Costello

Ceist:

295 Deputy Joe Costello asked the Minister for Finance if his attention has been drawn to the fact that 30% to 40% of costs to the haulage industry come from fuel costs; his views on whether hauliers should have a special fuel regime similar to that of farmers with red diesel; and if he will make a statement on the matter. [42719/10]

Joe Costello

Ceist:

296 Deputy Joe Costello asked the Minister for Finance if he proposes to retain the current carbon tax on the haulage industry; his views on the Irish Road Haulage Association proposal to allow hauliers to apply the carbon tax charge on their services similar to the manner in which VAT is invoiced; and if he will make a statement on the matter. [42718/10]

I propose to take Questions Nos. 295 and 296 together.

I have no plans to exempt any sector from the carbon tax or to introduce a special low excise fuel scheme for the haulage industry. The only reliefs from the carbon tax are for those companies that participate in the EU Emissions Trading System (ETS).

Illicit Trade in Fuel

Joe Costello

Ceist:

297 Deputy Joe Costello asked the Minister for Finance the extent of illegal operators and fuel smuggling in border areas; the steps he has taken to confront the problem; the extent to which fuel smuggling and illegal operators create issues for the haulage industry; and if he will make a statement on the matter. [42717/10]

I am informed by the Revenue Commissioners, who are responsible for the collection of mineral oil tax and for tackling the illicit trade in mineral oil products that they are aware of the various illegal activities that lead to a loss to the Exchequer of mineral oil tax. The most serious risk in this regard is the large scale laundering of markers from mineral oil, [including marked ultra low sulphur gas oil (ULSGO)], which is subject to a reduced rate of mineral oil tax on condition that it is not used in road vehicles. Such activity is usually carried out in remote rural locations. The Deputy will appreciate that, due to its nature, it is impossible to provide a reliably accurate estimate of the extent of any illegal activity. The Revenue Commissioners are committed to tackling mineral oil fraud. Their goal is to prevent a loss of revenue to the state and at the same time to ensure that a level playing pitch exists for the benefit of legitimate trade interests, including the road haulage industry. In this regard Revenue employs a broad range of compliance and enforcement strategies to detect illicit practices involving mineral oils. These strategies include ongoing analysis of the nature and extent of the problem, development and sharing of intelligence with agencies on both sides of the border, development of analytics and deployment of detection technologies, optimum deployment of resources to intercept illicit product and to prosecute those involved, conduct of intelligence driven operations using covert surveillance to identify oil laundry locations and also physical sampling at selected road checkpoint locations.

Revenue enforcement officers are deployed at key locations along the border. The staff are regularly augmented by additional staff from other areas when specific operations are organised. While the physical environment and separation of law enforcement in border areas is exploited by criminals to conduct this illegal activity, the Commissioners advise me that such operations are not solely confined to those areas. This is borne out by two recent detections of oil laundries on farms in the midlands.

Revenue's operations are under continuous review. The Revenue Commissioners are presently reviewing the existing marker system and are exploring the introduction of new markers as well as new detection equipment.

For the past two years Revenue has played an integral role as part of a cross border multi-agency Organised Crime Task Force which has been set up specifically to deal with the illicit trade in mineral oil in the border area. Members of this group include Revenue, An Garda Síochána and various law enforcement agencies from Northern Ireland. Since its inception it has successfully targeted a number of illegal operators in the border area. In one such cross-border operation, in April 2009, three oil laundering plants were detected in Armagh, with consequential seizures of over 100,000 litres of fuel in Monaghan. These multi-agency operations are in addition to daily enforcement activity.

In 2010 Revenue enforcement staff detected four laundering plants in this jurisdiction and seized a total of 268,000 litres of laundered fuel. These cases are under active investigation and it is Revenue's intention to initiate criminal proceedings and prosecute individuals where sufficient evidence of involvement is established.

Also in 2010 there were 1,192 detections in individual motor vehicles of the illicit use of mineral oil, resulting in the seizure of 167 vehicles. There were 222 criminal convictions for such offences resulting in Court penalties of €678,150. A further number of these cases were settled by means of compromise penalties amounting to €669,778.

A provision was enacted in Finance (No 2) Act 2008 enabling Revenue to raise assessments on companies and individuals in respect of evaded excise duty on excisable products, including mineral oils.

The penalties provided under the Finance Acts for conviction for mineral oil related offences are on summary conviction €5,000, and/or a term of imprisonment not exceeding 12 months and on conviction on indictment up to €126,970. The latter penalty, which was enacted in the Finance Act 2010, represents a significant increase on the previous penalty of €12,695.

Tax Code

Joe Costello

Ceist:

298 Deputy Joe Costello asked the Minister for Finance if he will abolish the punitive €10 passenger air travel tax; if the opening of Dublin Airport’s Terminal 2 on Friday, 19 November 2010 would not be a suitable occasion to make such an announcement; and if he will make a statement on the matter. [42738/10]

I do not accept that the air travel tax has a material impact on tourism numbers. Prospective visitors will base their choice of destination on a range of issues. These will include the cost of travelling to a destination but are more likely to be influenced by the cost structure within that destination, and the range of activities and visitor attractions on offer. However, taking account of some of the comments made last year, I announced in the Budget a single revised rate of air travel tax of €3 with effect from 1 March 2011 and will assess the impact of this to see if passenger numbers are affected.

Richard Bruton

Ceist:

299 Deputy Richard Bruton asked the Minister for Finance the cost of retaining patent relief as a more targeted tax concession, perhaps by capping the benefit or in other ways; and if he will indicate whether a cost-benefit analysis of the charge has been undertaken. [1421/11]

The tax exemption for patent income has been in place for over 30 years and has applied to income received by an individual or company from a qualifying patent subject, since 2008, to an annual limit of €5 million. A tax exemption has also applied, subject to certain conditions, to distributions paid by companies from exempt patent income. These exemptions have been abolished with effect from 24 November 2010. The decision to abolish the relief was taken in the light of a recommendation to this effect by the Commission on Taxation. As part of its review of all tax expenditures, the Commission on Taxation examined the relief for patent income to determine if its continued operation was justified on cost benefit grounds. The Commission found that the relief has not had the desired impact on innovation and R&D activity and that, despite various refinements to the scheme over the years, it was not a particularly well-targeted measure providing good value for money.

The Government agrees with the conclusions of the Commission and believes that in the current challenging times scarce resources should be focused instead on the R&D tax credit scheme. The R&D credit scheme provides a more direct and effective incentive for enterprises to innovate and invest in R&D activities and the scheme has been enhanced considerably in recent years to make it one of the most competitive of its kind anywhere.

Abolition of the patent income exemption will yield €50 million to the Exchequer in a full year and this is provided for in the National Recovery Plan. Alternative options for curtailing the relief were considered in the context of the Plan, such as limiting the tax free payment to a fixed amount per annum. While capping the benefit or restricting it in other ways, as suggested in the question, would provide some savings, it would still mean a significant cost to the Exchequer and would be difficult to justify on the basis that it would provide tax-efficient means for remunerating employees.

It was not considered necessary to undertake a cost benefit analysis for the abolition of this exemption as it was included in the Commission on Taxation review of tax expenditures on which the Commission made a recommendation.

Banking Sector Regulation

Ned O'Keeffe

Ceist:

300 Deputy Edward O’Keeffe asked the Minister for Finance if he will clarify a numbers of matters (details supplied). [1432/11]

The recent €3.7 billion investment in AIB was made only after the High Court, on my application, made a direction order to AIB for the issuance of additional share capital in the Bank to ensure that the bank continued to meet its capital requirements as prescribed by the Central Bank. The direction order was made in accordance with the provisions of Section 9 of the Credit Institutions (Stabilisation) Act 2010 following my application, as Minister for Finance, that such an order should be made. I am advised that it is permissible to release a copy of the Court Order and I will arrange for a copy to be sent to the Deputy by my officials.

The High Court has ordered that there be no publication or reporting of particular paragraphs of the Affidavit. It is not possible or appropriate, therefore, to release the full unredacted Affidavit.

Both the application that the matter be heard otherwise than in public under Section 60 of the Credit Institutions (Stabilisation) Act (and the reasons advanced), as well as the application for the direction order itself were heard in camera by direction of the Court. It is not appropriate, therefore, for me to detail the reasons for the application under Section 60, which provides that "[t]he Court may order that any application under this Act, or any part of such an application, shall be heard otherwise than in public or may impose restrictions with regard to the disclosure in open court, publication or reporting of any material that might be commercially sensitive".

As is evident from the redacted version of the Affidavit which has been released, AIB was informed in advance that I would be making an application under the Act and consented to the making of a Direction Order by the Court.

Tax Code

Michael McGrath

Ceist:

301 Deputy Michael McGrath asked the Minister for Finance if he will respond to correspondence (details supplied). [1458/11]

The position is that the Universal Social Charge applies to all emoluments of an employment, including anything treated as a taxable benefit-in-kind. The Universal Social Charge is applied to aggregate income before granting relief in respect of pension contributions. In this regard, an individual's personal contributions to a personal retirement savings account (PRSA), personal pension contribution, additional voluntary contribution or a retirement annuity contribution is disregarded for the purposes of determining the Universal Social Charge that an individual must pay.

In addition, an employer contribution to a personal retirement savings account (PRSA) is chargeable to Income Tax in the hands of the employee as a benefit-in-kind under section 118 of the Taxes Consolidation Act 1997. As the Universal Social Charge treatment follows the Income Tax treatment, the employer's contribution to the personal retirement savings account will also be subject to the Universal Social Charge.

Section 778 of the Taxes Consolidation Act 1997, provides that an employer contribution made to an approved retirement benefit scheme or a statutory scheme is not treated as a benefit-in-kind for Income Tax purposes. Again, as the Universal Social Charge treatment follows the Income Tax treatment, any employer's contribution to such schemes will not be subject to Universal Social Charge.

Bobby Aylward

Ceist:

302 Deputy Bobby Aylward asked the Minister for Finance if he will consider the introduction of a price levy on a litre of petrol and diesel as an alternative to road tax which would ensure that everyone pays their fair share, based on how much they drive, increase Government income, reduce administration and make motoring costs fair and reasonable to all; and if he will make a statement on the matter. [1460/11]

The Deputy's proposal favours tax revenue being solely based on usage of a car, through fuel consumption, rather than ownership upon which motor tax is determined. This is often argued as the most favourable option from an environmental perspective as it embraces the ‘polluter pays principle'. In an Irish context motor tax revenue is allocated to local authorities so this complicates the proposal somewhat.

In addition, motor tax (and VRT) have been reformed in recent years in order to stimulate interest in low emission cars which in turn has led to enhanced sales of more fuel efficient vehicles. This development has been welcomed by both motorists and the motor trade. Consequently it would seem premature to effectively reverse this significant policy change at this early juncture. Furthermore, replacing the revenue collected from VRT and motor tax would require a significant increase in excise duty on petrol and auto-diesel.

Joan Burton

Ceist:

303 Deputy Joan Burton asked the Minister for Finance if he will set out the VAT treatment of books, newspapers, e-books, online newspaper subscriptions and online information services; his plans to change the VAT treatment of any such products; and if he will make a statement on the matter. [1468/11]

I am advised by the Revenue Commissioners that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. In so far as the supply of printed matter is concerned, three different rates may apply. The general position is that books are zero-rated, newspapers and periodicals are subject to VAT at the reduced rate (currently 13.5%) and stationery and other printed matter are liable at the standard rate (currently 21%). The zero rate applies to printed books, including atlases, children's picture, drawing and colouring books and books of music. The reduced rate applies to newspapers and periodicals, including sectoral publications (sports, fashion, etc.), holiday brochures, prospectuses, catalogues and maps. The standard rate applies to a wide range of printed goods, including stationery, calendars, greeting cards, diaries, yearbooks and posters.

All digitised publications, regardless of their rate when printed (for example, a book liable at zero rate), are treated as the supply of a service liable at the standard rate of VAT. E-books, online newspaper subscriptions and online information services purchased via download over the Internet are also considered the supply of services liable for VAT at the standard rate. The EU position is that digital information services are not the direct equivalent of traditional printed products, including books. Even where the content is similar, the additional functionality (e.g. search facilities, hyperlinks, archives etc) associated with electronic content produces a fundamentally different product.

I have no immediate plans to change the VAT treatment of books. However, as stated in the National Recovery Plan 2011-2014, it is the Government's intention to examine further rebalancing of the VAT system and zero rated VAT items within the context of wider and ongoing EU level consideration of the matter. The VAT system is continually being reviewed at EU level and Ireland is part of that process.

Joan Burton

Ceist:

304 Deputy Joan Burton asked the Minister for Finance the mechanism by which section 23 relief on investment properties is to be phased out over the next four years; if detailed measures are expected to be contained in the 2011 Finance Bill; the extent to which stakeholders are to be consulted on these changes; and if he will make a statement on the matter. [1472/11]

Lucinda Creighton

Ceist:

307 Deputy Lucinda Creighton asked the Minister for Finance his plans to amend the changes to the section 23 tax relief scheme in the forthcoming Finance Bill; his views on whether the withdrawal of the scheme represents a breach of contract; his further views on whether persons who entered into contracts based on the taxation position of the time should be given a reasonable time to ensure they do not get into financial difficulty or become bankrupt; and if he will make a statement on the matter. [1476/11]

I propose to take Questions Nos. 304 and 307 together.

The changes to section 23-type reliefs announced in the Budget and which are contained in Financial Resolution No. 20 are broadly as follows.

Firstly, for chargeable periods ending on or after 1 January 2011, section 23-type relief will be restricted to set-off against rental income only from the section 23 property itself. Up until now this set-off could be against all rental income in that year.

Secondly, unused section 23-type relief previously available for carry forward beyond the 10 year "normal life" of the relief will be lost.

Thirdly, where a person sells a section 23 property within the 10 year period at any time on or after 1 January 2011, the new owner will get no section 23 relief.

Fourthly, for unused section 23 properties that are, as yet, unsold, the relevant 10 year period for these properties would normally begin once the property is sold and let under a qualifying lease. The Budget change provided that where any of these properties have yet to commence qualifying leases as of 30 June 2011, the 10-year period will commence on that day.

I also announced in the Budget that a guillotine will be introduced to terminate all unclaimed and unused capital allowances, arising after, or carried forward from 2014 as well as unused section 23 relief carried forward from 2014. However, an impact assessment will be undertaken into the effects of the phased abolition of the property-based measures and the guillotine provision. This guillotine provision, which is intended to take effect at end-2014 is not contained in any of the Financial Resolutions passed on Budget Day and will be provided for in future legislation. The arrangements for the impact assessment, and any consultation mechanisms involved have yet to be made.

Further details regarding these measures will be set out in the forthcoming Finance Bill.

My officials have received a wide range of submissions and met with a broad spectrum of stakeholders (including industry groups and professional bodies) in relation to the changes set out in the National Recovery Plan and announced in the Budget.

The measures announced were subject to legal advice.

Deputies will be able to input their views on the proposed changes as part of the normal Finance Bill process. I look forward to all constructive proposals on this matter.

Joan Burton

Ceist:

305 Deputy Joan Burton asked the Minister for Finance the mechanism by which there is to be a phased reduction in tax relief on pension contributions over the next four years; if detailed measures are expected to be contained in the 2011 Finance Bill; the extent to which stakeholders are to be consulted on these changes; and if he will make a statement on the matter. [1473/11]

The National Recovery Plan contains proposals for changes to the tax and other relief arrangements for private or supplementary pension provision over the period of the Plan, including a gradual reduction to standard rate income tax (20%) relief on employee/individual contributions to pension arrangements commencing in 2012. Pension contributions are made by certain employees in both the private and public sectors. It is intended that the reduction in tax relief of 7% each year from 2012 to 2014 will be given effect by the Budget and Finance Bills for each of those years. As announced in my 2011 Budget Statement, certain changes including the application of employee PRSI and the Universal Social Charge to employee pension contributions, take effect from 1 January 2011. The PRSI change has been legislated for in the Social Welfare Act 2010 while the provisions relating to the Universal Social Charge will be included in the 2011 Finance Bill which will be published shortly.

The National Recovery Plan recognises that the various changes proposed may reduce saving for private pension provision. The Government is committed to raising €700 million from the pension sector over the period of the Plan. However, it is willing to engage with the sector to examine alternatives to the changes put forward in the Plan in order to deliver this outcome and this engagement has commenced.

Banking Sector Regulation

Joan Burton

Ceist:

306 Deputy Joan Burton asked the Minister for Finance the position in respect of bonus or bonus like payments made by Bank of Ireland to staff since the introduction of the original blanket bank guarantee in September 2008; if the data which was not available in respect of Bank of Ireland for the preparation of parliamentary reply No. 156 of 16 December 2010 has since become available and, if so, will he provide this data; if Bank of Ireland has changed the designation of any payments which are supplementary to basic pay to commission, inducements, loyalty payments and so on; the number of such payments and the amount of same that have been paid by Bank of Ireland since the bank guarantee was first introduced; if such payments are foreseen for 2011; and if he will make a statement on the matter. [1474/11]

I have been informed that information given to my Department by Bank of Ireland to the effect that no performance related bonuses were paid to staff was incorrect. It did not take account of contractual bonuses which probing by my Department revealed did in fact have a performance element. This failure by the bank led to erroneous information being placed on the Dáil record on 1 December 2010. The CEO of Bank of Ireland has written to my Department acknowledging the difficulties caused as a result of this misinformation and apologising unreservedly for it. I have been undertaking, as a matter of urgency, an intensive investigation of the additional payments made by Bank of Ireland since the introduction of the guarantee scheme and of additional payments which it may have intended making in the future. I am sure the Deputy will appreciate that the verification by my Department of all the relevant information supplied by the bank necessarily involves a substantial amount of time. On completion of this investigation I will make available to the Deputy, and the House, whatever additional information comes to light.

As I have previously stated, I do not accept that substantial sums ought to be paid in bonuses to senior staff of banks dependent on State support. Contractual obligations have in the past restricted my ability to deal with this issue in relation to pre-agreed payments or conditions of employment, but the Credit Institutions (Stabilisation) Act 2010 provides in Section 51 that in certain circumstances I, as Minister for Finance, may impose conditions on the provision of further State support to a Credit Institution. In particular I may impose conditions regarding the payment or non-payment of performance bonuses. I have already made clear in the AIB case that I will impose such conditions and I can assure the Deputy that I intend to adopt a similar approach to the provision of support to Bank of Ireland.

Question No. 307 answered with Question No. 304.

Legal Services

Alan Shatter

Ceist:

308 Deputy Alan Shatter asked the Minister for Finance in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1622/11]

Alan Shatter

Ceist:

310 Deputy Alan Shatter asked the Minister for Finance with regard to legal services used by his Department, any Body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitors firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1652/11]

I propose to take Question Nos. 308 and 310 together.

In general, My Department uses the Services of the Office of the Attorney General and the Office of the Chief State Solicitor. However it seek outside legal advisers in circumstances requiring legal services of a specific nature. The costs associated with the Office of the Attorney General and Office of the Chief State Solicitor are borne by their respective votes.

The following table sets out the details requested by the Deputy:

Legal advice sought for which no tender competition was held

Year

Legal advice sought from

Reason

Fees paid

2006

Arthur Cox*

To independently review the standard forms of contract

10,890

2006

Max Abrahamson*

To independently review the standard forms of contract

30,250

2006

A & L Goodbody**

To provide legal advice and commentary on training material

7,348

2008

Arthur Cox ***

Advice relating to Bank guarantee scheme

12,308,777

Fees cover period 2008-2010

*Eminent independent Irish contract lawyer engaged to carry out peer review of new public works contracts.

**The expert legal drafter of public works contracts was engaged to verify the accuracy of the training consultants training material in regard to contracts.

***Normal procurement procedures were not followed because of the urgency of the issue.

Legal advice provided following tender process

Year

Legal advice sought from

Reason

Fees paid

2006

Matcheson Ormbsby Prentice

Advice relating to general supplies and service contracts

25,549

2007

A & L Goodbody

Advice relating to sale of ACC bank

112,050

2008

McCann Fitzgerald

Advice relating to procurement of air/transport agency services

48,400

I am informed by the Revenue Commissioners that, following an open tender process undertaken in 2009, Revenue entered into contracts with six firms of solicitors to provide legal services associated with debt collection and recovery. The contracts came into operation with effect from 1 January 2010 and will remain in force for six years.

I understand that Revenue took particular care to ensure that the open tender process fully adhered to public procurement guidelines. To assist in the tender preparation process, Revenue utilised the services of Messrs. Philip Lee, Solicitors, Dublin and Messrs. Cyril O'Neill, Legal Cost Accountants, Dublin.

The six firms of solicitors, and the total amount of fees paid to each of the firms in 2010, are listed in the table below. Another firm, George V. Maloney, that completed work for Revenue in 2010 under the terms of a previous contract, is also included.

Name of Firm

Fees paid

Holmes O’Malley Sexton, Limerick

716,246

Ivor Fitzpatrick & Co, Dublin

1,095,244

Lavelle Coleman & Co, Dublin

239,378

Mason Hayes & Curran, Dublin

615,068

Matheson Ormsby Prentice, Dublin

712,809

Pierse & Fitzgibbon, Listowel

730,065

George V. Maloney, Cavan

639,838

Total

4,748,648

The National Asset Management Agency held the following tender competitions for legal services in the 2009 and 2010. In May 2009 a tender competition was held to appoint a legal adviser to advise and assist the NTMA in its preparatory work in structuring NAMA and to ensure that enabling legislation was fit for purpose. No legal firm was employed in the running of the tender process. The successful tenderer was Arthur Cox. The work tendered for involved providing legal advice in relation to NAMA's corporate framework, the planning and design of the legal framework for participation in NAMA and advice on legal issues which will be incorporated into the draft legislation, including the following areas:

legal structure of NAMA; state owned company or statutory body corporate;

legal structures for NAMA and NAMA sponsored SPVs;

banking and regulatory issues;

constitutional and administrative law issues;

asset transfers — legal requirements and options;

asset management — options for servicing, restructuring and disposal;

enforcement of security — legal requirements and options;

legal relationships with participating banks, syndicate banks and other stakeholders;

formulation of standard term sheet and conditions for participation;

design of due diligence process for asset transfers;

design of documentation for asset transfers;

design of servicing agreements and other matters ancillary to participation;

The fee received by Arthur Cox for the work carried out amounted to €911,250.

On the 31 July 2009 a further tender competition was held to procure a panel of suitably qualified and experienced Irish qualified legal advisers to advise and assist the National Treasury Management Agency ( and on its establishment, the National Asset Management Agency) in carrying out legal due diligence on the Irish assets that will be acquired by NAMA( i.e. loans and other security documents governed and construed in accordance with Irish law). No legal firm was employed in furnishing advice with regard to the tender process. The list of 67 firms selected to provide due diligence services are listed in the following table.

Firms

Alfred Thornton & Company

McKeever Taylor

Andrew Crean-Lynch Solicitors

MG Ryan & Co

Arthur Cox

Michael Houlihan & Partners

Babington Croasdaile Solicitors

Murphy Mac Namara & Co

BCM Hanley Wallace Solicitors

Murray Flynn Maguire

Beauchamps Solicitors

MW Keller & Son Solicitors

Brian O’Donnell & Partners

Nolan Farrell & Goff

Callan Tansey Solicitors

O’Flynn Exhams Solicitors

Cathal N Young O’Reilly & Co

O’Rourke Reid law firm

Comyn Kelleher Tobin Solicitors

Orpen Franks Solicitors

Dermot g O’Donovan Solicitors

O’Sullivan Barnicle

Dillon Eustace

O’Sullivan & Associates Solicitors

Donnegans Solicitors

O’Sullivan Partners

Eugene F Collins

P J O’Driscolls & Solicitors 41

Eversheds O’Donnell Sweeney

P J O’Driscoll & Sons 73

Fitzgerald Solicitors

P O’Connor & Son Solicitors

G & D Walsh Solicitors

Richard Black Solicitors

Gallenalliance

Ronan Daly Jermyn

Gartlan Furey Solicitors

Sheehan & Company

Gore & Grimes

Smith Foy & Partners

Hayes Solicitors

Stephen MacKenzie & Company

Hegarty & Armstrong Solicitors

Stone Solicitors

Holmes O’Malley Sexton

Sweeney McGann

Ivor Fitzpatrick & Company

T P Robinson Solicitors

James Riordan & Partners

V P Shields

Kane Tuohy

Vincent & Beatty Solicitors

Kilfeather & Co

Whitney Moore

Lavelle Coleman

William Fry

Lavery Kirby Gilmartin Solicitors

Lennon Heather Solicitors

Lewis C Doyle

Liston & Co

LK Shields

Maples & Calder

Mason Hayes & Curran

Matheson Ormsby Prentice

McCann Fitzgerald Solicitors

McDowell Purcell Solicitors

McGuire Desmond

The nature of the work to be carried out by the successful companies was as follows : — Review of bank due diligence reports and making recommendations to NAMA based on such review

Making further due diligence enquiries in connection with certain assets

Updating due diligence to the date of acquisition and dealing with any material adverse change issues

Dealing with legal issues in the completion process in coordination with NAMA's other professional advisers.

The due diligence reports submitted by the Participating Institutions include the following fields of enquiry in respect of loans and underlying security:

1. Summary of the facility

2. Default status

3. Hedging arrangements

4. Security arrangements

5. Corporate capacity and authority

6. Security registration

7. Inter-lender agreements

8. Development and construction matters including planning and environmental

9. Litigation and disputes

10. VAT and other taxes

11. Ancillary reporting of occupational leases, agreements for.

The fees paid to the successful tenderers are outlined in the following table:

NAMA Legal due diligence panel fees

Name of Firm

Amount paid to 10/1/2011

Arthur Cox

€1,338,327

Byrne Wallace

€604,746

Dillon Eustace

€453,780

EFC

€245,334

Eversheds

€380,049

LK Sheilds

€376,849

Beauchamps

€288,752

Gartlan Furey

€38,802

RDJ

€75,645

Maples

€552,628

Mason Hays Curran

€57,511

MOP

€350,580

William Fry

€59,534

A&O

£869,318

Lovells

£932,893

Tod Murray

£12,925

On the 31st March 2010 the National Asset Management Agency held a tender competition seeking to appoint panels of suitably qualified and experienced Irish and UK qualified legal advisers to advise and act for NAMA in Enforcement and refinancing matters. No legal firm was engaged in the tendering process. The list of successful tenderers is as follows:

NAMA Legal Enforcement and Refinancing Panel

Panel — Ireland Enforcement Group 1

A&L Goodbody

Arthur Cox

Byrne Wallace

Eugene F Collins

Eversheds O’Donnell Sweeney

Gartlan Furey

Maples and Calder

Matheson Ormsby Prentice

McCann Fitzgerald

Whitney Moore

William Fry

Panel — Ireland Enforcement Group 2

A&L Goodbody

Arthur Cox

Byrne Wallace

Eugene F Collins

Eversheds O’Donnell Sweeney

Gartlan Furey

Hayes Solicitors

Lavelle Coleman

LK Shields

Maples and Calder

Matheson Ormsby Prentice

McCann Fitzgerald

McDowell Purcell

Ronan Daly Jermyn

Whitney Moore

William Fry

Panel — UK Enforcement Group 1

A&L Goodbody

Allen & Overy

Arthur Cox

Ashurst

Brodies

Burness

C&H Jefferson

Carson McDowell

Denton Wilde Sapte

DLA Piper

Dundas & Wilson

Herbert Smith

John McKee & Son

Lovells LLP

Simmons & Simmons

Taylor Wessing

Tods Murray LLP

Tughans

Panel — UK Enforcement Group 2

A&L Goodbody

Allen & Overy

Arthur Cox

Brodies

Burness

C&H Jefferson

Carson McDowell

Denton Wilde Sapte

DLA Piper

Dundas & Wilson

Eversheds

John McKee & Son

Lovells LLP

MacFarlanes LLP

Nabarro

Simmons & Simmons

Taylor Wessing

Tods Murray LLP

Tughans

Wragge & Co LLP

Panel — UK Refinancing Group 1

A&L Goodbody

Allen & Overy

Arthur Cox

Brodies

Burges Salmon

Burness

Carson McDowell

Clifford Chance

Denton Wilde Sapte

DLA Piper

Dundas & Wilson

Eversheds

Herbert Smith

John McKee & Son

Lovells LLP

Nabarro

Olswang

Simmons & Simmons

Slaughter and May

Taylor Wessing

Tods Murray LLP

Tughans

Panel — UK Refinancing Group 2

A&L Goodbody

Allen & Overy

Arthur Cox

Brodies

Burges Salmon

Burness

Carson McDowell

Clifford Chance

Denton Wilde Sapte

DLA Piper

Dundas & Wilson

DWF LLP

Eversheds

John McKee & Son

Lovells LLP

MacFarlanes LLP

Nabarro

Olswang

Simmons & Simmons

Taylor Wessing

Tods Murray LLP

Tughans

Wragge & Company

The nature of the work to be undertaken by the successful tenderers was as follows:

Enforcement Category

Enforcement of any security, guarantee, indemnity or surety held by NAMA in respect of assets that will be acquired by NAMA including but not limited to the following legal areas.

1. The requirements of and options under the National Asset Management Agency Act 2009 for NAMA to best meet its statutory objectives;

2. Insolvency law;

3. Litigation;

4. Land and Conveyancing Law in Ireland, UK and other jurisdictions; and

5. Banking and Commercial Law

Refinancing Category

Finance restructuring, the provision of credit facilities and taking of security in respect of assets that will be acquired by NAMA including but not limited to the following legal areas.

1. The requirements of and options under the National Asset Management Agency Act 2009 for NAMA to best meet its statutory objectives;

2. Banking, Commercial and Tax Law; and

3. Insolvency Law

The fees paid in respect of the work carries out by each of the successful tenderers is contained in the following table:

NAMA Legal Enforcement fees & Refinancing Panel Fees

Project

Company

Fees

December

A & L Goodbody

48,793

December

A & L Goodbody

127,606

Austing

William Fry

114,317

Norway

A & L Goodbody

16,890

Kildare

Eversheds

8,304

Crystal

McCann Fitzgerald

52,249

Mango

A & L Goodbody

27,285

Penguin

A & L Goodbody

37,397

Globe

Arthur Cox

296,465

The National Development Finance Agency ran two competitive tenders for legal services over the period 2008 to 2010, as set out below. It did not engage any legal firm to furnish advice in respect of these tenders.

1. To advise the State in relation to the National Plan for Radiation Oncology (NPRO) project; and

2. To advise the State in relation to the Thornton Hall prison project.

NPRO

Thornton Hall

Procuring Authority

National Development Finance Agency

National Development Finance Agency

Sponsoring Department

Health Services Executive

Irish Prison Service (Department of Justice)

Tender Initiated

2008

2010

Nature of Work

Advice on tender procedure and documentation for the NPRO public private partnership

Advice on tender procedure and documentation for the Thornton Hall prison complex public private partnership

Winning Firm

A&L Goodbody

None — project abandoned

Fees Paid

Not disclosed (see below for explanation)

None incurred

Fee information is confidential under the terms of the contract. The NDFA sought the release of the information on fees paid but A&L Goodbody refused to permit disclosure on grounds of confidentiality.

Offices of the Ombudsman/Information Commissioner/Commissioner for Environmental Information

The organisation tendered for legal services for the above Offices in 2010. No legal firms furnished advice in the tender process. The contract was awarded to Mason Hayes and Curran. That firm also held the previous contract. The nature of the work for each Office is as follows:

Office of the Ombudsman:

To provide legal advice on the interpretation of the Ombudsman Act, other statutes, statutory instruments, regulations etc. as applying to bodies within remit or on other legal questions and to represent the Ombudsman in any legal proceedings in which the Office is involved.

Office of the Information Commissioner:

To act for the Commissioner in relation to appeals to the High Court of review decisions of the Commissioner, and in relation to any subsequent appeal to the Supreme Court, to advise generally on procedural matters arising under the FOI Acts, to provide legal advice on the interpretation of the FOI Acts or of other statutes, or on other legal questions, to assist, where appropriate, in the drafting of decisions by the Information Commissioner or her staff under the FOI Acts; and to advise, where appropriate, on referring questions of law to the High Court under subsection 42(5) of the FOI Acts.

Office of the Commissioner for Environmental Information:

To act for the Commissioner in relation to appeals to the High Court, made under Article 13 of the Regulations and in relation to any subsequent appeal to the Supreme Court, to advise generally on matters arising from the Commissioner's role in the Regulation or the Directive, including matters of European law, to assist, where appropriate, in the drafting of decisions by the Commissioner or her staff; and to advise, where appropriate, on referring questions of law to the High Court under Article 11(9) of the Regulations.

The fees paid to Mason, Hayes and Curran for each of the three years in question are as follows:

2008

2009

2010

Offices of the Information Commissioner/Commissioner for Environmental Information

305,822.71

103,309.11

124,747.80

Office of the Ombudsman

18,633.35

32,514.03

28,655.68

Standards in Public Office Commission

The Standards in Public Office Commission last tendered for legal services in 2009. No legal firms furnished advice in the tender process. The contract was awarded to A&L Goodbody. That company also held the previous contract.

The legal services provided by A&L Goodbody relate to advice on matters arising relating to the functions of the Standards Commission under the Ethics in Public Office Acts 1995 and 2001, the Electoral Act 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001, including procedural matters, interpretation of the legislation, specific requests for advice received under the legislation, investigations under the Ethics in Public Office Acts 1995 and 2001, enquiries conducted under the Electoral Acts 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001.

The fees paid to A&L Goodbody for each of the three years in question are as follows:

2008

2009

2010

Standards in Public Office Commission

€30,118.94

€6,014.25

€75,638.60

Legal Proceedings

Alan Shatter

Ceist:

309 Deputy Alan Shatter asked the Minister for Finance in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s Office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1637/11]

In the time available it has not been possible to collate all the data requested by the Deputy. As soon as this process has been completed the information will be forwarded directly to the Deputy.

Question No. 310 answered with Question No. 308.

Departmental Expenditure

Bernard J. Durkan

Ceist:

311 Deputy Bernard J. Durkan asked the Minister for Finance the steps taken to ensure that budgetary projections by various Departments remain on target throughout each financial year; and if he will make a statement on the matter. [1665/11]

The savings of approximately €4 billion announced by the Government in the National Recovery Plan 2011-2014 are allocated across each Department and Office in the 2011 Budget, with details set out in the 2011 Budget Estimates. The €4 billion savings will accordingly be delivered in full by each Department and Office in 2011 as part of the normal process of expenditure management.

Economic Competitiveness

Bernard J. Durkan

Ceist:

312 Deputy Bernard J. Durkan asked the Minister for Finance the steps taken by him to combat any emerging trends that emerge from time to time which might have the effect of impeding the competitiveness of this economy with particular reference to ensure that this Country can compete with all others within the EU in the first instance and throughout the worldwide economy; and if he will make a statement on the matter. [1666/11]

Bernard J. Durkan

Ceist:

315 Deputy Bernard J. Durkan asked the Minister for Finance the extent he has compared the competitiveness of this economy with others within the eurozone; the issues that have arisen; the actions taken or likely to be taken arising therefrom; and if he will make a statement on the matter. [1669/11]

I propose to take Questions Nos. 312 and 315 together.

The standardised methodology for monitoring relative competitiveness across the euro area is the Harmonised Competitiveness Indicator (HCI). While it cannot be denied that Ireland had its competitive edge eroded relative to our European peers, as a country we are regaining this competitiveness. Since mid-2008, the Harmonised Competitiveness Indicator for Ireland, as measured by the Central Bank of Ireland, has been falling more or less constantly, indicating an improvement in our international competitiveness. This improvement comes despite the renewed appreciation of the euro against the dollar and sterling in the wake on quantitative easing measures in both the US and UK.

Ireland, as a member of a currency union, must focus on improving competitiveness at home. In this regard, we are seeing the benefits of our labour market flexibility: much available evidence points to recent downward pressure on wages in the economy, for example. average weekly earnings were down 1.4% in the year to Q3 2010. Furthermore, unit labour costs — wages adjusted for productivity — are forecast by the European Commission to fall in Ireland next year. In addition, Ireland has had the biggest decline in consumer prices of the euro area which has had a considerable positive impact on our competitiveness.

While the falls in domestic prices, easing wage pressures and improvements in productivity are helpful, we must not be complacent as further improvements in our competitiveness are essential to take advantage of the global recovery. To this end, the National Recovery Plan outlined a programme of structural reforms which will help to further restore competitiveness and support economic growth.

EU-IMF Fund

Bernard J. Durkan

Ceist:

313 Deputy Bernard J. Durkan asked the Minister for Finance the degree to which he and-or his Department is in regular contact with EU institutions and the International Monetary Fund to ensure the success of this country’s financial strategy; and if he will make a statement on the matter. [1667/11]

As is normal in these circumstances, officials of my Department are in ongoing contact with their counterparts in the EU Commission, the IMF and the ECB in relation to implementation of the joint programme of financial assistance which has been agreed for Ireland. I understand that frequent contact is also taking place between the staff of the Central Bank, the Financial Regulator's Office and the external funding agents. The policy conditionality associated with the EU-IMF Programme for Ireland is set out in the Memorandum of Economic and Financial Policies and in the Memorandum of Understanding on Specific Economic Policy Conditionality. These documents together with the Technical Memorandum of Understanding which are collectively referred to as the MoU have been laid before the Houses of the Oireachtas.

As regards the fiscal consolidation aspects of the agreement, as the Deputy will be aware, the release of the first instalments of financial assistance is conditional on the successful adoption of Budget 2011. In this regard, the Social Welfare Act 2010 is in force and the Finance Bill 2011 is due to be introduced on 25th January 2011.

As part of the quantitative performance criteria of the Technical Memorandum of Understanding, a target for the end-2010 Exchequer primary balance — the Exchequer balance excluding debt interest payments — of -€15.3 billion was set. Excluding debt interest payments of just under €4.1 billion, the Exchequer primary balance in 2010 was -€14.65 billion, meaning the target was met. This data was relayed to the IMF, European Commission and European Central Bank on Wednesday, 5th January. I can also confirm that the data provision obligations on my Department, the NTMA and the Central Bank are being pursued in line with Annex 1 of the Memorandum of Understanding.

Decentralisation Programme

Bernard J. Durkan

Ceist:

314 Deputy Bernard J. Durkan asked the Minister for Finance the total number of buildings or sites currently idle, surplus to requirements or otherwise arising from the Government’s decentralisation strategy; the full extent of any commitment entered into that so far have been realised or otherwise; the cost arising from any such commitments; and if he will make a statement on the matter. [1668/11]

All buildings acquired by the Office of Public Works for the Government's decentralisation programme are utilised and are not surplus to requirements. The Office of Public Works secured sites, which have yet to be developed, in nine locations to provide accommodation for decentralising Departments/Offices. The development of these locations will be the subject of a Government review of the programme this year. A six acre site in Knock, Co. Mayo, was purchased in the sum of €390,000, and development at this location was negated by planning issues. The Government decided to decentralise personnel due to locate in Knock to Charlestown, Co. Mayo instead, subject to the review of the overall programme.

Question No. 315 answered with Question No. 312.

Banks Recapitalisation

Bernard J. Durkan

Ceist:

316 Deputy Bernard J. Durkan asked the Minister for Finance the total financial commitment by him to date of the support to each of the financial institutions; the degree to which he has quantified ongoing support for the future; when he expects that each financial institution will be in a position to proceed without assistance; and if he will make a statement on the matter. [1670/11]

The following table sets out the amount of capital injected by the State into the Irish Banking System to date. The Central Bank has set out the further capital that will be required by AIB, BOI and EBS in order for them to meet a 12% core tier 1 ratio by the end of February 2011 as agreed in the Programme for Financial Support with the IMF, EU and the ECB.

Capitalisation of Credit Institutions

Credit Institution

Cost of Share Acquisition

Cost of Preference Shares

Value of Promissory Notes Issued

Capital Provided to 31 December 2010

Additional CT1 required by Central Bank

€bn

€bn

€bn

€bn

Anglo Irish Bank

4.000

25.28

29.280

Allied Irish Banks

3.700

3.5

7.200

6.065

Bank of Ireland

1.700

1.8

3.500

2.199

Irish Nationwide Building Society

0.100

5.30

5.400

EBS Building Society

0.625

0.25

0.875

0.438

Total

10.100

5.3

30.80

46.300

8.700

*Cash received on cancellation of Warrants.

These Central Bank estimates take account of all elements of the banks' loan books, including the mortgage loan books. It has taken a realistic view of the likely losses to mortgage lenders. Indeed, the loss rates that have been used in both the base and stress case scenarios are in excess of the latest official figures released by the Central Bank. Furthermore, the detailed review undertaken by the external authorities of the financial status of the Irish banks and, in particular, of the Central Bank's PCAR exercise was an important part of the technical discussions underpinning the negotiated package of assistance with the IMF and our European partners. The Governor of the Central Bank recently confirmed that the external experts had found no fault with the methodology used for the PCAR stress test earlier this year. As part of the agreement with the EC, IMF and EU the State has agreed to adopt deleveraging measures and to implement restructuring of the banking sector. To this end, a Prudential Liquidity Assessment Review or "PLAR" will establish target funding ratios for each of the banks, identify non core assets and set an adjustment path to these targets based on specified non public annual benchmarks.

As to further funding being required, the State in the case of AIB and EBS remains committed to meeting their remaining capital requirements to the extent that they cannot be met from other sources.

Bank of Ireland has raised some €700m of their capital requirement through an LME exercise in December and intends to seek to generate the remaining required capital through a combination of internal capital management initiatives, support from existing shareholders and other capital markets sources. On 10 January 2011 Bank of Ireland announced the completion of the sale of Bank of Ireland Asset Management to State Street Global Advisors.

A key objective of the Programme agreement is to ensure that the viable financial institutions are in a position to access the market for their funding and capital needs in due course.

Financial Services Regulation

Bernard J. Durkan

Ceist:

317 Deputy Bernard J. Durkan asked the Minister for Finance the number and locations of banking or other financial institutions likely to be wound up arising from the financial difficulties to date; and if he will make a statement on the matter. [1671/11]

Bernard J. Durkan

Ceist:

318 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which an evaluation has been carried out of banking structures within this economy with a view to a determination as to the optimum size and strength of such institutions in the future; and if he will make a statement on the matter. [1672/11]

Bernard J. Durkan

Ceist:

320 Deputy Bernard J. Durkan asked the Minister for Finance when he expects good banking, lending and borrowing policies to be restored in view of his commitment in this regard; and if he will make a statement on the matter. [1674/11]

I propose to take Questions Nos. 317, 318 and 320 together.

The State's primary consideration in its involvement in the banking system is to protect, in the public interest, the financial and economic system of the State. Therefore, the Government's actions in the banking area are designed, while minimising the cost to the taxpayer, to support the development of a reformed and reinvigorated banking system that can serve our economy in a proper manner and, within which, there is scope for all viable credit institutions operating in the Irish market to play their full part.

The agreed joint EU-IMF Programme of Financial Support recognises and supports this overall objective, builds upon the banking measures taken to date and provides for further reform and reorganisation of the banking sector. The objective of the Programme, in so far as it relates to banking, is to fundamentally downsize and reorganise the sector so that it is proportionate to the size of the economy. In that regard it envisages that the banks that will continue to fully serve the needs of the economy will be capitalised to the highest international standards and that a specific plan for the resolution of Anglo Irish Bank and INBS will be finalised and submitted to the European Commission for approval by end January. This will move Allied Irish Banks, Bank of Ireland, Irish Life and Permanent and EBS towards holding higher levels of capital and should allow them maintain and secure more stable funding and thereby facilitate them to meet the credit needs of sustainable businesses and households.

Legislative Programme

Bernard J. Durkan

Ceist:

319 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he intends to provide by way of legislation the necessary impositions to ensure that traditional banking good practice is maintained in the future with particular reference to sound lending to borrowing, solvency and liquidity ratios; if arrangements have been entered into whereby this will apply in future after the current banking issues have been resolved; and if he will make a statement on the matter. [1673/11]

The Central Bank Reform Act 2010 established a single, integrated, Central Bank of Ireland ("the Bank") to replace the dual Central Bank and Irish Financial Services Regulatory Authority structure. That Act was the first in a proposed three stage legislative programme. The day-to-day regulation of banks and other financial service providers is primarily a matter for the Bank and in June of 2010 the Bank published "Banking supervision: our new approach" which sets out its vision of a more intrusive financial regulatory regime. The Bank already has substantial powers of enforcement and extra resources in place to ensure that banks and other financial service providers conduct their business prudently and properly. Work is continuing to prepare heads of a second Bill which is intended to equip the Bank with additional powers and functions for the regulation of all financial service providers including the banking sector.

A third Bill to consolidate the Central Bank Acts will follow.

Questions No. 320 answered with Question No. 317.

National Debt

Bernard J. Durkan

Ceist:

321 Deputy Bernard J. Durkan asked the Minister for Finance the national debt arising from either the public or the private sector as at 31 December in each of the past five years; and if he will make a statement on the matter. [1675/11]

I would like to advise the Deputy that private sector debt is not counted as part of the National Debt. National Debt is the total outstanding amount of principal borrowed by Central Government and not repaid to date less liquid assets available for redemption of those liabilities at the same date. Figures for the National Debt over the past five years are detailed in the following table.

2010

2009

2008

2007

2006

National Debt (€ billions)

93

75

50

38

36

Pension Provisions

Joe Behan

Ceist:

322 Deputy Joe Behan asked the Minister for Finance if he will consider a matter in respect of a person (details supplied); and if he will make a statement on the matter. [1785/11]

The individual case raised by the Deputy which refers to the reduction in pension is a matter for consideration by the Minister for Transport, as employer, in the first instance. The Government decided, in the context of the serious national budgetary position, that retired public service pensioners should make a contribution to the overall required fiscal adjustment. This decision was taken having regard to the gap between the burden being borne by those currently in public service employment (where the pension related deduction (PRD) and pay reduction have impacted) and their retired counterparts.

The measure concerned is legislated for in the Financial Emergency Measures in the Public Interest Act 2010, which was signed into law by the President on 22 December 2010. Section 2 of that Act provides that the public service pension of a pensioner (as defined) will be reduced, subject to the first €12,000 of annual pension income being exempt. Section 2(2) specifically provides inter alia that the reduction has effect notwithstanding any provision by or under any circular or instrument or other document, or any written agreement or contractual arrangement.

Health Service Staff

Terence Flanagan

Ceist:

323 Deputy Terence Flanagan asked the Minister for Health and Children the position regarding a pension levy in respect of a person (details supplied) in Dublin 13; and if she will make a statement on the matter. [48145/10]

In relation to the pension related deduction, all employees, including full time and part time employees on the payroll of Section 38 agencies, who are, or are entitled to be, members of a public service occupational pension scheme or pension arrangement are subject to the deduction provided for under the Financial Emergency Measures in the Public Interest Act (No. 1) 2009.

Agencies funded by the HSE under Section 38 of the Health Act 2004 include the Central Remedial Clinic.

Flouridation Levels

Joanna Tuffy

Ceist:

324 Deputy Joanna Tuffy asked the Minister for Health and Children her plans to carry out a nationwide study promised on the total fluoride intake of the Irish population that the new programme for Government contained a commitment to carry out; and if she will make a statement on the matter. [44407/10]

There is a commitment in the Programme for Government to carry out a national study of total fluoride intake in the population. This will be achieved through a bio-monitoring programme, which will be carried out by the HSE. The HSE is in the process of establishing a high level Advisory Group which will have technical and academic oversight of the project, so as to ensure any pilot and full studies are robustly using appropriate materials and methods. A Steering Group will then oversee the implementation of the project.

Health Service Staff

James Reilly

Ceist:

325 Deputy James Reilly asked the Minister for Health and Children the employment status of the following categories of health professionals (details supplied); and if she will make a statement on the matter. [48098/10]

The Health Service Executive's staff census indicates that the numbers of certain grades employed, in the public health service, are as set out in the following table.

Numbers (WTE excld. career break) of certain grades employed in the public health service, as at November 10

Grade

Number

Chiropodists & Podiatrists

42.14

Consultant Dentistry

14.64

Dentists

360.14

Dieticians

405.07

Occupational Therapists

1,204.89

Consultant Ophthalmic Surgeon/Ophthalmic Physician, Community

76.3

Pharmacists

433.83

Physiotherapists

1,537.51

Speech and Language Therapists

832.54

The Government has made clear that a critical part of its strategy to restore the public finances is to achieve sustainability in the cost of delivering public services relative to State revenues. To help achieve this goal, it will be necessary to restructure and reorganise the public service and to reduce public service numbers over the coming years. This requires that the moratorium on recruitment and promotion in the health service will continue to apply until the numbers have fallen to the level set out in the Employment Control Framework 2011-2014 for the health sector. The Framework gives effect to the Government policy on employment in the public sector.

However, the Framework does allow for the filling of certain exempted grades including Medical Consultant, Speech & Language Therapist, Occupational Therapist, Physiotherapist, Clinical Psychologist, Behavioural Therapist, Counsellor, and Social Worker. There are also grades/posts to which special provisions apply including Psychiatric Nurse and Advanced Nurse Practitioner/Clinical Nurse Specialist.

In addition, the Health Service Executive can also make exceptions to the moratorium on recruitment under certain conditions.

Hospital Charges

James Reilly

Ceist:

326 Deputy James Reilly asked the Minister for Health and Children the rate of hospital charges — inpatient, outpatient and accident and emergency — in 2010; the categories of patient required to pay hospital charges; and if she will make a statement on the matter. [48099/10]

The public hospital statutory in-patient charge is currently €75 per day up to a maximum of €750 in any twelve consecutive months during which an individual is maintained as an in-patient in a public hospital or is admitted as a day-case. This charge is subject to a number of exemptions, in particular, it does not apply to persons with full eligibility (medical cards). Charges for private/semi private accommodation in public hospitals, which came into effect from 1 January 2011, are set out as follows.

Hospital Category

Private Accomm.

Semi-Private Accomm.

Day-care

1

HSE Regional hospitals, Voluntary & Joint Board Teaching Hospitals

1,017

889

732

2

HSE County HospitalsVoluntary Non-Teaching Hospitals

789

693

564

3

HSE District Hospitals

260

222

193

These charges are in addition to a charge equivalent to the public hospital statutory in-patient charge as set out above. All private patients occupying designated private beds in the hospitals are subject to these charges.

The current charge for attendance at Emergency Departments (A&E) is €100 per visit subject to certain exemptions, in particular, persons with full eligibility (medical cards) and persons with a letter of referral from a registered medical practitioner.

No charges are applicable in relation to outpatient services, with the exception of a charge of €400 in respect of MRI services provided to private patients.

James Reilly

Ceist:

327 Deputy James Reilly asked the Minister for Health and Children the anticipated income from statutory inpatient, outpatient and accident and emergency charges in 2010 in tabular form; and if she will make a statement on the matter. [48100/10]

The information requested by the Deputy is currently being compiled by the Health Service Executive in the context of the preparation of the Annual Financial Statements. I have therefore referred the matter to the HSE for direct reply.

Health Service Expenditure

Sean Sherlock

Ceist:

328 Deputy Seán Sherlock asked the Minister for Health and Children the amount of money spent by the Health Service Executive on private security firms throughout the State for the year 2010; and if she will make a statement on the matter. [48133/10]

I have referred this matter to the HSE for direct reply.

Health Services

Terence Flanagan

Ceist:

329 Deputy Terence Flanagan asked the Minister for Health and Children the position regarding rent allowance (details supplied); and if she will make a statement on the matter. [48138/10]

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

Departmental Expenditure

Brian Hayes

Ceist:

330 Deputy Brian Hayes asked the Minister for Health and Children the cost to her Department from 2007 in respect of providing all computer, hardware and software, in her private and constituency office in tabular form; and if she will make a statement on the matter. [48159/10]

The cost for ICT equipment for my private and constituency offices from 2007 onwards is set out in the following table. ICT equipment issued to staff in my offices are standard equipment taken from Department stock and are similar to that used throughout my Department.

Location

Cost since 2007

Private office

4,500

Constituency office

550

Health Service Properties

Seán Barrett

Ceist:

331 Deputy Seán Barrett asked the Minister for Health and Children if negotiations are taking place with a developer for the sale of the lands and buildings at St. Luke’s Hospital, Rathgar, Dublin; and if she will make a statement on the matter. [48165/10]

St Luke's Hospital Rathgar was subsumed into the Health Service Executive on 1 August 2010 under the Health (Miscellaneous Provisions) Act, 2010 (No.18 of 2010). It is intended that the radiation oncology facilities will remain at the hospital until at least 2014.

Management of the health property portfolio is a service matter. Therefore your question has been referred to the Health Service Executive for direct reply.

Departmental Expenditure

Joan Burton

Ceist:

332 Deputy Joan Burton asked the Minister for Health and Children if she will set out any sum of money paid by her Department to a company (details supplied) in each of the past five years; and if she will make a statement on the matter. [48189/10]

Two payments totalling €78,999 were paid by my Department to the company in the past five years. Details of the payments made are set out below:

€50,866 paid in 2006 in respect of a Value for Money Study of Rehabilitative Training and Vocational Training Services for people with disabilities and

€28,133 paid in 2007 in respect of professional fees for the preparation of a report and an expert witness attendance fee in relation to a legal case relating to advance payments to pharmacists.

Departmental Websites

Liz McManus

Ceist:

333 Deputy Liz McManus asked the Minister for Health and Children the number and cost of each website that falls under her remit; the number of unique visitors per month to each website; and if she will make a statement on the matter. [48207/10]

Information in relation to my Department's websites is set out in the following table.

Website

Description

Avg Unique Monthly Visitors

Cost

DoH&C group sites:

www.dohc.ie

Department of Health & Children website

33,000

www.cpsqa.ie

Commission on Patient Safety and Quality Assurance

*Unavailable

healthupdate.gov.ie

Dedicated website for the Press Office

1,800

patientsafetyfirst.gov.ie

Website of the Patient Safety Initiative

*

Total cost for DoH&C group websites 2010

These sites are managed as a single contract.

9,100

OMCYA Group Sites

www.omcya.ie

Office of the Minister for Children and Youth Affairs website

10,200

www.comhairlenanog.ie

Provides information on the role and purpose of Comhairle na nÓg and links to all Comhairle na nÓg websites throughout the country

*

www.childrensdatabase.ie

Provides access to research and information on children for policy-makers, Government departments, academics, voluntary organisations and the general public

*

www.nprrc.ie

The National Play and Recreation Resource Centre provides information, support and advice on a range of issues affecting the development of children’s play in Ireland

*

www.ncac.ie

National Children’s Advisory Council website. The mission of the National Children’s Advisory Council is to make a difference to children and young people’s lives, by making childhood and youth a more positive and enjoyable experience for everyone

*

www.studentcouncil.ie

Student Council Second Level Support Service website, the aim of the service is to provide ongoing support for all student council liaison teachers. (now transferred to Dept. of Education and Science)

*

Cost for OMCYA group sites 2010

All the OMCYA websites, except www.teenspace.ie are managed as a single contact.

14,759

www.teenspace.ie

Teenspace provides information on events, activities and recreation services for young people from 10 to 18

**9,000

22,614

Total cost for all OMCYA sites

All the OMCYA websites including www.teenspace.ie

37,373

Total cost for all sites

46,473

**Estimated.

Medical Cards

Jack Wall

Ceist:

334 Deputy Jack Wall asked the Minister for Health and Children the position regarding an application for a medical card in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [48218/10]

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

Jack Wall

Ceist:

335 Deputy Jack Wall asked the Minister for Health and Children the position regarding an appeal against the decision to refuse a full medical card in respect of a person (details supplied) in County Kildare. [48219/10]

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

Hospital Services

Pat Breen

Ceist:

336 Deputy Pat Breen asked the Minister for Health and Children further to the Adjournment Debate response of the 14 December 2010, if inpatient cardiology services will continue to be provided at the Mid Western Regional Hospital in Ennis; when the cat lab at the Mid-Western Regional Hospital in Limerick will be operating on a 24 hour basis; and if she will make a statement on the matter. [48226/10]

The HSE has made significant progress in re-organising acute hospital and related services in the mid-west region since April 2009. Ennis General Hospital, as part of the regional hospital network, now undertakes an expanded range of day case surgery and diagnostic work. The range of services provided in Ennis will continue to be expanded, so that people can have most of their health care needs met as close as possible to where they live.

In deciding on the best model for the provision of cardiology services in the region, the unanimous medical advice is to centralise acute cardiology to the Mid-Western Regional Hospital in Limerick. This is in line with the model being developed in the region, whereby services are organised on an integrated regional basis, delivered in a range of locations and settings. To facilitate this, a fourth cardiologist is being appointed in 2011. This will facilitate a separate cardiology rota, giving patients access to a cardiologist and catheterisation services on a 24-hour basis for emergency cases in the region. All cardiology services currently available in Ennis General Hospital will continue to be provided and these services will be expanded further, with the addition of cardiac failure clinics and cardiac rehabilitation services for patients who have had the acute phase of their illness managed in the Mid-Western Regional Hospital in Limerick.

Departmental Expenditure

Charles Flanagan

Ceist:

337 Deputy Charles Flanagan asked the Minister for Health and Children the total budget for the Office of the Minister for Children and children and family services in the Health Service Executive in 2010 in tabular form; and if she will make a statement on the matter. [48228/10]

The Deputy might wish to note that the funding allocations for 2010 in respect of Vote 41 for the Office of the Minister for Children and Youth Affairs for the provision of certain services in respect of children and youth affairs, including miscellaneous grants and grants-in-aid, are set out in the following table. It will be noted that the overall estimate allocation amounts to €351 million which includes provision of €319 million across a number of Subheads for current expenditure and €32 million for capital expenditure. Details of the provisional expenditure outturn in 2010 under each of the Subheads of the Vote are also included in the table.

2010 Estimate Allocation €000

2010 Provisional Outturn €000

Subhead

Current

Capital

Total

Current

Capital

Total

A. Early Childcare Payment

4,500

4,500

10,950

10,950

B. National Childcare Investment Programme

75,078

30,000

105,078

72,378

25,000

97,378

C. Early Intervention Programme for Children

5,340

5,340

2,966

2,966

D. ECCE Pre-School Year Scheme

170,000

170,000

153,550

153,550

E. National Longitudinal Study and other Programmes

24,190

1,600

25,790

22,591

1,198

23,789

F. General expenses of youth organisations

8,000

8,000

8,000

8,000

G. General expenses of youth organisations (part funded by National Lottery)

38,600

38,600

38,600

38,600

H. Referendum on Children’s Rights

3,000

3,000

GROSS TOTAL

328,708

31,600

360,308

309,035

26,198

335,233

I. Less Appropriations -in-Aid

9,040

9,040

2,966

2,966

NET TOTAL

319,668

31,600

351,268

306,069

26,198

332,267

The Deputy is also seeking budget particulars for children and family services in the Health Service Executive in 2010. As this is a service matter it has been referred to the HSE for direct reply.

Health Services

Charles Flanagan

Ceist:

338 Deputy Charles Flanagan asked the Minister for Health and Children if she will provide details on the differential response model of child protection which is currently being piloted; if she will provide details on this model of child protection; the location of the pilot areas; the date on which these pilots were initiated; if any analysis has been published on same; and if she will make a statement on the matter. [48229/10]

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

Departmental Expenditure

Charles Flanagan

Ceist:

339 Deputy Charles Flanagan asked the Minister for Health and Children if she will provide details of all funding made available from her Department to voluntary and community organisations which work with vulnerable children and families in 2009 and 2010 in tabular form; and if she will make a statement on the matter. [48230/10]

Charles Flanagan

Ceist:

340 Deputy Charles Flanagan asked the Minister for Health and Children if voluntary and community organisations which work with vulnerable children and families are exclusively funded by her or if they receive additional funding from other Departments; if she will provide details on these Departments; and if she will make a statement on the matter. [48231/10]

I propose to take Questions Nos. 339 and 340 together.

The Department of Health and Children has a National Lottery Discretionary fund in place which provides once-off grants to community groups and organisations, providing a range of health related services. I have requested that information be compiled and forwarded to the Deputy regarding any funding made available to voluntary and community organisations who worked with vulnerable children and families in 2009 and 2010.

The funding of such organisations does not fall exclusively within the remit of this Department.

Medical Cards

John McGuinness

Ceist:

341 Deputy John McGuinness asked the Minister for Health and Children if an application for a medical card now under appeal will be expedited and approved in respect of a person (details supplied) in County Kilkenny. [48249/10]

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

John McGuinness

Ceist:

342 Deputy John McGuinness asked the Minister for Health and Children if a medical card application now under appeal will be expedited and approved in respect of a person (details supplied) in County Kilkenny. [48251/10]

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

Health Services

Michael McGrath

Ceist:

343 Deputy Michael McGrath asked the Minister for Health and Children if the Health Service Executive provides funding for a facility (details supplied) and if the HSE has any input into the allocation of places. [48254/10]

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

Health Service Staff

Michael McGrath

Ceist:

344 Deputy Michael McGrath asked the Minister for Health and Children the position regarding the planned recruitment of social workers by the Health Service Executive in 2011; and if she will make a statement on the matter. [48256/10]

Additional funding of €9 million has been allocated to the HSE in 2011 to support the continuing implementation of the Government's action plan published in response to the Ryan report. This includes provision for the recruitment of an additional 60 social workers in 2011. In addition, there will be a continuing exemption in 2011 from the recruitment moratorium to allow for the filling of social work vacancies.

Long-Term Illness Scheme

Michael McGrath

Ceist:

345 Deputy Michael McGrath asked the Minister for Health and Children if consideration has been given to the inclusion of certain psychiatric conditions on the eligible list for the long term illness scheme. [48257/10]

There are no plans to extend the list of eligible conditions covered by the Long Term Illness Scheme. Under the Drugs Payment Scheme no individual or family pays more than €120 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.

In addition, people who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.

Health Service Funding

Seymour Crawford

Ceist:

346 Deputy Seymour Crawford asked the Minister for Health and Children the amount of State funding allocated to each of the following organisations, the Irish Patients Association, Patient Focus and Patients Together in each of the years 2000 to 2009; and if she will make a statement on the matter. [48261/10]

The following table sets out the funding that was allocated to the Irish Patients' Association between 2000 and 2009. No funding was allocated to Patient Focus or Patients Together during this period. I have also asked the HSE to reply to you directly in respect of any funding it may have made to the respective organisations.

Year

2001

25,395

2002

30,000

2005

79,000

2007

32,000

2009

3,000

Total

169,395

Health Services

Finian McGrath

Ceist:

347 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied). [48267/10]

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

Hospital Services

Finian McGrath

Ceist:

348 Deputy Finian McGrath asked the Minister for Health and Children the position regarding a hospital place in respect of a person (details supplied) in Dublin 3. [48268/10]

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

Health Services

Finian McGrath

Ceist:

349 Deputy Finian McGrath asked the Minister for Health and Children if she will support diabetes patients particularly the 1,500 diabetes related amputations that could have been prevented with access to adequate podiatry services and if she will make this a priority issue in 2010 — 2011. [48269/10]

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

Finian McGrath

Ceist:

350 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Dublin. [48272/10]

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

Medical Cards

John McGuinness

Ceist:

351 Deputy John McGuinness asked the Minister for Health and Children if an application for a medical card now under appeal will be expedited and approved in respect of a person (details supplied) in County Kilkenny. [48277/10]

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

John O'Donoghue

Ceist:

352 Deputy John O’Donoghue asked the Minister for Health and Children when a person (details supplied) in County Kerry will receive the result of the their application for a full medical card. [48279/10]

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

John O'Donoghue

Ceist:

353 Deputy John O’Donoghue asked the Minister for Health and Children when a person (details supplied) in County Kerry will receive the result of their application for a medical card submitted in February 2010. [48281/10]

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

Hospital Services

Charles Flanagan

Ceist:

354 Deputy Charles Flanagan asked the Minister for Health and Children when a person (details supplied) in County Laois will receive a date for a procedure in Tallaght hospital; and if she will make a statement on the matter. [48309/10]

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

Child Abuse

Joe McHugh

Ceist:

355 Deputy Joe McHugh asked the Minister for Health and Children the date for the publication of the National Board for Safeguarding Children in the Catholic Church’s audit of the Catholic diocese of Raphoe; and if she will make a statement on the matter. [48316/10]

The National Board for Safeguarding Children in the Catholic Church is a Church Organisation which has no connection with or reporting function to my Office. The Health Service Executive, which has statutory responsibility for child welfare and protection matters has been conducting a national audit of all Catholic dioceses and Religious Orders. The HSE expects to be in a position to furnish a report to me in February/March on the first element of this audit, as it relates to all dioceses.

Health Services

Pat Breen

Ceist:

356 Deputy Pat Breen asked the Minister for Health and Children the reason hours have been reduced in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [48331/10]

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.

Mary Wallace

Ceist:

357 Deputy Mary Wallace asked the Minister for Health and Children if she will confirm that neither she nor any agencies funded by her Department have any involvement in providing accommodation for clients at an address in an area (details supplied); and if she will make a statement on the matter. [48333/10]

The information supplied by the Deputy has been passed to the HSE with a request that they investigate if any services are supplied to any clients residing in an apartment at this address. The HSE has also been asked to reply directly to the Deputy.

Joanna Tuffy

Ceist:

358 Deputy Joanna Tuffy asked the Minister for Health and Children the number of older persons receiving home care services in the north east region; the level of funding for home care services in the north east region in 2009 and 2010; the home care service providers in the north east region; and if she will make a statement on the matter. [48411/10]

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

Health Service Staff

P. J. Sheehan

Ceist:

359 Deputy P. J. Sheehan asked the Minister for Health and Children the length of time the position of full-time consultant psychiatrist for the child and adolescent services in west Cork has been vacant; when she believes this position will be filled; and if she will make a statement on the matter. [48421/10]

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

Institutional Abuse

Bernard J. Durkan

Ceist:

360 Deputy Bernard J. Durkan asked the Minister for Health and Children if she has received any correspondence in relation to Justice for Magdalenes campaign; her plans to address this matter at an early date; and if she will make a statement on the matter. [48501/10]

Caoimhghín Ó Caoláin

Ceist:

461 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Questions No. 222 of 29 June 2010 and 151 of 3 November 2010, when a reply will issue form the Health Service Executive. [1790/11]

I propose to take Questions Nos. 360 and 461 together.

The Minister for Health and Children met with a delegation from the Justice for Magdalene group last year, together with officials from HSE and from the Department. Following the meeting, the HSE undertook to make enquiries regarding the various matters which had been raised by the group with regard to the role of the health boards. Due to the significant length of time which has elapsed, the exercise is complex and time-consuming. My Department has written again to the HSE requesting a progress report on the matters referred to and a response is awaited.

Medical Cards

Bernard J. Durkan

Ceist:

361 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [48506/10]

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

Bernard J. Durkan

Ceist:

362 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will be restored to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [48507/10]

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

Bernard J. Durkan

Ceist:

363 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [48509/10]

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

Bernard J. Durkan

Ceist:

364 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [48510/10]

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

Ambulance Service

Bernard J. Durkan

Ceist:

365 Deputy Bernard J. Durkan asked the Minister for Health and Children if she has received correspondence in relation to Dublin Fire Brigade regarding the removal of ambulances for the Swords area; her plans to address this matter; and if she will make a statement on the matter. [48511/10]

I am aware of the issue raised by the Deputy, and I have received some representations on the matter. The Dublin Fire Brigade provides emergency ambulance services in the Dublin area in conjunction with the HSE. As the Deputy's question concerns an operational matter, it has been referred to the HSE for direct reply.

Nursing Education

Bernard J. Durkan

Ceist:

366 Deputy Bernard J. Durkan asked the Minister for Health and Children the position regarding the criteria to qualify as a public health nurse in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [48516/10]

An Bord Altranais is the regulatory body for the nursing profession. Its functions include the establishment and maintenance of a register of nurses and to provide for the education and training of nurses and student nurses. In 2005, the Board set minimum requirements for admission to education and training programmes leading to registration in the Public Health Division of the Register of Nurses as follows: before admission to the programme of education and training leading to registration in the Public Health Nurses Division of the Register, the name of the candidate for registration must already be entered in the General Division of the Register of Nurses and the candidate must have two years clinical experience in nursing. Unless the candidate's name is registered in the Midwives Division of the Register, the candidate must complete an An Bord Altranais approved module or unit of study on Maternal and Child Health as part of the programme.

Medical Reports

Caoimhghín Ó Caoláin

Ceist:

367 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the position regarding the report on symhysiotomy requested from the Institute of Obstetricians and Gynaecologists (details supplied); if the proposed literature review by a team from the Liverpool School of Tropical Medicine is proceeding; if not the alternative, envisaged to take the place of the discontinued literature review; if the report team headed by Professor James Dorman is in place and if it has commenced substantive work; if not the process now envisaged for the completion of the Institute’s report to her; and the date now envisaged for delivery of the completed report. [48523/10]

I asked the Institute of Obstetricians and Gynaecologists to prepare a report for me concerning the practice of symphysiotomy in Ireland. I asked that the report would:

provide the Institute's assessment of the circumstances in which symphysiotomy was carried out in Irish obstetric units;

indicate what protocols or guidance existed over the years to guide professional practice; and

specify when the practice changed and why it changed at that time in Ireland.

The Institute sought to make arrangements for the review to be carried out by an external team. Unfortunately, it was not possible to progress this in the way originally proposed. I understand that the Institute is now making alternative arrangements with the assistance of a university school of public health.

I have been assured by the HSE that it will continue to monitor and oversee the provision of necessary support services for women. In doing so the HSE is committed to being proactive in seeking out and offering help to women who had symphysiotomies and who may wish to avail of the services offered by the HSE.

Industrial Action

Alan Shatter

Ceist:

368 Deputy Alan Shatter asked the Minister for Health and Children the number of industrial disputes, industrial actions including work-to-rule currently being engaged in by staff of the Health Service Executive; when these actions were initiated; the individual subject matter of each dispute or action; the current status of each dispute or action; if each dispute or action is in contravention of the Croke Park agreement; and the policy initiative or initiative, if any, taken by her to ensure the resolution of such disputes. [48552/10]

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

Prescription Charges

Finian McGrath

Ceist:

369 Deputy Finian McGrath asked the Minister for Health and Children the position regarding prescription charges in respect of persons (details supplied) in Dublin 5. [48557/10]

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

Medical Cards

James Bannon

Ceist:

370 Deputy James Bannon asked the Minister for Health and Children the position regarding an application for a medical card in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [48561/10]

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

Pension Provisions

Michael McGrath

Ceist:

371 Deputy Michael McGrath asked the Minister for Health and Children the position regarding the pension scheme for persons working as home helps; the number of persons currently in this scheme; and if she will make a statement on the matter. [1002/11]

Home Help Services are provided by the Health Service Executive (HSE) or by the voluntary sector which are contracted by HSE through service level agreements. The HSE has advised that at end December there were 10,661 home helps employed in the HSE. Of these, 4,754 (44.59%) are members of the pension scheme. There are also a further 3,620 (Nov. 2010) Home Help workers who are not employed by the HSE but are employed in the voluntary sector in counties Dublin, Wicklow and Clare. The Labour Court found that these Home Help workers were not public servants and cannot be included in the public sector scheme.

Homeless Persons

Ciaran Lynch

Ceist:

372 Deputy Ciarán Lynch asked the Minister for Health and Children when the amount of Health Service Executive funding for homeless services around the country will be confirmed; when this will be communicated to the voluntary organisations providing those services; and if she will make a statement on the matter. [1004/11]

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

Child Care Services

Joe Carey

Ceist:

373 Deputy Joe Carey asked the Minister for Health and Children her plans to have the 116000 helpline for missing children operational in 2011; and if she will make a statement on the matter. [1005/11]

Paul Nicholas Gogarty

Ceist:

385 Deputy Paul Gogarty asked the Minister for Health and Children if she will assist the Irish Society for the Prevention of Cruelty to Children in setting up a 116000 service for missing children in view of the necessity for such a service, the European dimension and the funding requirements; and if she will make a statement on the matter. [1090/11]

I propose to take Questions Nos. 373 and 385 together.

The issue of children who go missing is primarily a matter for the Garda Síochána. A hotline for missing children is in operation in some EU Member States. My Office is currently involved in discussions with other relevant Government Departments in relation to the establishment of this service.

Medical Cards

Tom Sheahan

Ceist:

374 Deputy Tom Sheahan asked the Minister for Health and Children the reason a person (details supplied) in County Kerry has not received their medical card. [1007/11]

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

Departmental Expenditure

Billy Timmins

Ceist:

375 Deputy Billy Timmins asked the Minister for Health and Children the position regarding a refuge (details supplied); and if she will make a statement on the matter. [1012/11]

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

Children in Care

Bernard J. Durkan

Ceist:

376 Deputy Bernard J. Durkan asked the Minister for Health and Children to outline the sequence of events and circumstances in the case of a person (details supplied) in Dublin 24 who was granted a safety order by the courts but whose children were subsequently placed in care for their own protection, the degree to which one or either parent is deemed to be in need of support or assistance; and if she will make a statement on the matter. [1039/11]

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

Hospital Services

Seán Barrett

Ceist:

377 Deputy Seán Barrett asked the Minister for Health and Children if the closure of St. Luke’s Hospital, Rathgar, Dublin 6, will remove 179 beds from the health system; the number of these beds that will be transferred to the new cancer unit in St. James’s Hospital, Dublin 8; the rationale for this when cancer cases are continuing to increase; and if she will make a statement on the matter. [1045/11]

The Deputy's questions relate to service delivery matters and accordingly I have asked the HSE to respond directly to him.

Seán Barrett

Ceist:

378 Deputy Seán Barrett asked the Minister for Health and Children if the new cancer unit at St. James’s Hospital, Dublin 8 will have no beds and no catering for patients; her views on whether this is best practice that will ensure best outcomes for patients; and if she will make a statement on the matter. [1046/11]

The Deputy's questions relate to service delivery matters and accordingly I have asked the HSE to respond directly to him.

Drugs Payment Scheme

James Reilly

Ceist:

379 Deputy James Reilly asked the Minister for Health and Children the changes to the threshold of the drugs payment scheme since 2000, including the date that announcement was made; the date that changes took effect; and if she will make a statement on the matter. [1048/11]

The Drugs Payment Scheme was introduced on an administrative basis in July 1999 to replace the Drug Cost Subsidisation Scheme and Drugs Refund Scheme. The monthly expenditure threshold was set at €53.33. Regulations fixing the threshold for the new scheme at €53.33 were put in place in March 2001. The table below outlines the changes made to the expenditure threshold since then. Changes to the monthly expenditure threshold are normally announced on Budget day. The 2002 increase was announced on 12 July 2002.

DPS Threshold

Date Effective

65.00

1 August 2002

70.00

1 January 2003

78.00

1 January 2004

85.00

1 January 2005

90.00

1 January 2008

100.00

1 January 2009

120.00

1 January 2010

Health Services

Ciaran Lynch

Ceist:

380 Deputy Ciarán Lynch asked the Minister for Health and Children if the national diabetes clinical programme team will receive funding for the development of diabetes foot care and retinopathy screening in 2011; and if she will make a statement on the matter. [1057/11]

James Reilly

Ceist:

381 Deputy James Reilly asked the Minister for Health and Children if she will confirm that the screening programme for diabetic retinopathy has been rolled out in the Health Service Executive West area in 2010; the timeframe for the roll-out of the screening programme to other parts of the country; and if she will make a statement on the matter. [1059/11]

I propose to take Questions Nos. 380 and 381 together.

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

Medical Cards

Jack Wall

Ceist:

382 Deputy Jack Wall asked the Minister for Health and Children the current position regarding a medical card appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1077/11]

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

General Practitioner Services

Sean Fleming

Ceist:

383 Deputy Seán Fleming asked the Minister for Health and Children her plans to allow general practitioners who do not have a general medical card list to obtain a list and to participate in the various out of hours GP services scheme; and if she will make a statement on the matter. [1082/11]

The Government has decided that all restrictions on appropriately trained general practitioners (GPs) who wish to hold General Medical Service (GMS) contracts are to be abolished. My Department is working with the HSE with a view to giving effect to these commitments by March 1st 2011.

Departmental Schemes

Sean Fleming

Ceist:

384 Deputy Seán Fleming asked the Minister for Health and Children the grant scheme available for setting up private nursing homes; and if she will make a statement on the matter. [1086/11]

There is no grant scheme administered by my Department or by the Health Service Executive to provide financial assistance for the development of private nursing homes.

Question No. 385 answered with Question No. 373.

Mental Health Services

Finian McGrath

Ceist:

386 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 3. [1092/11]

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

Medical Cards

Finian McGrath

Ceist:

387 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 3. [1093/11]

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

Medical Aids and Appliances

Finian McGrath

Ceist:

388 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 9. [1094/11]

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.

Health Services

Finian McGrath

Ceist:

389 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied) in Dublin 3. [1096/11]

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

Health Service Funding

Paul Kehoe

Ceist:

390 Deputy Paul Kehoe asked the Minister for Health and Children if funding from the Health Service Executive has been made available to an organisation (details supplied) since its foundation; and if she will make a statement on the matter. [1105/11]

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

Hospital Services

Paul Kehoe

Ceist:

391 Deputy Paul Kehoe asked the Minister for Health and Children the number of complaints received by the Health Service Executive patient advocacy service during the year 2010 regarding a hospital (details supplied); the number referred back to the hospital without being investigated by the advocacy service; and if she will make a statement on the matter. [1106/11]

Paul Kehoe

Ceist:

394 Deputy Paul Kehoe asked the Minister for Health and Children if domestic staff at a hospital (details supplied) are trained and expected to feed patients with specific dietary requirements resulting from medical consultation in the absence of nursing staff; the number of complaints received by the hospital during the years 2009 and 2010 regarding this practice; the action the hospital has taken on this matter; and if she will make a statement on the matter. [1109/11]

I propose to take Questions Nos. 391 and 394 together.

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

Health Service Staff

Paul Kehoe

Ceist:

392 Deputy Paul Kehoe asked the Minister for Health and Children if a speech and language therapist is available at a hospital (details supplied); the number of in-hospital medical requests for speech and language therapy that have not been met during the year 2010; the maximum, minimum and average waiting times for patients to be seen by a speech and language therapist during the year 2010; if the hospital used locum alternative speech and language therapists during the year 2010; the allocated budget for speech and language therapy in the hospital for the years 2009 and 2010; and if she will make a statement on the matter. [1107/11]

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

Hospital Hygiene

Paul Kehoe

Ceist:

393 Deputy Paul Kehoe asked the Minister for Health and Children the number of complaints received by the Health Information and Quality Authority during the year 2010 from members of the public regarding standards and cleanliness at a hospital (details supplied); the number of these complaints that were acted upon; the number of inspections that were carried out by HIQA at this hospital during 2010; the nature of the inspections and if they were announced or unannounced; if she will provide this Deputy with a copy of the report; and if she will make a statement on the matter. [1108/11]

The Health Information and Quality Authority does not operate a statutory complaints process. However, reports received from the public regarding alleged shortcomings in our health services are valuable to the Authority's operations. The Authority would be concerned that publication of information relating to such reports might jeopardise receipt of further reports. Therefore, such reports are regarded as being given in confidence and are treated accordingly. The Authority has a policy of protecting these sources of information and not releasing details about the number or type of information provided. In the absence of such an understanding of confidence, it is likely that the flow of information to the Authority would be limited and that people would be reluctant to raise issues or make representations on behalf of others less able to represent themselves.

The Authority carried out a focused monitoring review in the hospital named against the National Standards for Symptomatic Breast Disease Services in June 2010. The report can be found on www.hiqa.ie. No hygiene monitoring reviews were carried out at the hospital in 2010.

Question No. 394 answered with Question No. 391.

Hospital Accommodation

Paul Kehoe

Ceist:

395 Deputy Paul Kehoe asked the Minister for Health and Children if she will instruct the Health Service Executive, or relevant agency, to examine the conditions at a hospital (details supplied) to assess the appropriateness of the facility available for families and to maintain the confidentiality of the patients needs and the dignity of family members and relatives; and if she will make a statement on the matter. [1110/11]

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

Pension Provisions

Paul Kehoe

Ceist:

396 Deputy Paul Kehoe asked the Minister for Health and Children if she will provide details of the pension contributions made by a person (details supplied); the date on which they opted out of the pension scheme; when they may expect to have their lump sum paid; and if she will make a statement on the matter. [1111/11]

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

Health Service Allowances

Leo Varadkar

Ceist:

397 Deputy Leo Varadkar asked the Minister for Health and Children the annual cost to the Exchequer of the clothing allowance and if he will explain the evidence that exists that shows that persons with certain illness require more or more expensive clothing; and if she will make a statement on the matter. [1122/11]

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

Medical Cards

Leo Varadkar

Ceist:

398 Deputy Leo Varadkar asked the Minister for Health and Children further to Parliamentary Question No. 215 of 16 December 2010, the number of non-EU national students who currently hold a medical card; the number granted a medical card in 2009 and 2010; and if she will make a statement on the matter. [1123/11]

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

Jack Wall

Ceist:

399 Deputy Jack Wall asked the Minister for Health and Children the position regarding a medical card application in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1138/11]

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

Hospital Waiting Lists

Finian McGrath

Ceist:

400 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied). [1155/11]

From the information provided by the Deputy, it is not clear whether the person in question is on a hospital waiting-list as a public patient.

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

Departmental Bodies

Lucinda Creighton

Ceist:

401 Deputy Lucinda Creighton asked the Minister for Health and Children the amount of interest paid to private firms by public bodies under her remit as a result of late payments in each of the years 2005, 2006, 2007, 2008, 2009 and 2010; and if she will make a statement on the matter. [1168/11]

The details regarding interest paid to private firms requested by the Deputy are details not kept by the Department, but the Agencies will be asked to provide the information directly to the Deputy.

Departmental Expenditure

Lucinda Creighton

Ceist:

402 Deputy Lucinda Creighton asked the Minister for Health and Children the amount spent by her Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if she will make a statement on the matter. [1177/11]

The information requested by the Deputy is currently being collated within my Department and will be forwarded as soon as it is available.

Lucinda Creighton

Ceist:

403 Deputy Lucinda Creighton asked the Minister for Health and Children the number of mobile telephones paid for by public bodies under her remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if she will make a statement on the matter. [1192/11]

The details regarding mobile phones requested by the Deputy are details not kept by the Department, but the Agencies will be asked to provide the information directly to the Deputy.

Lucinda Creighton

Ceist:

404 Deputy Lucinda Creighton asked the Minister for Health and Children the number of mobile telephones paid for by her Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if she will make a statement on the matter. [1207/11]

There are approximately 180 to 200 mobile devices in use by official in my Department at any given time. The costs of mobile phone bills are set out below.

Year

Cost of Mobile Bills

2006

171,140

2007

193,168

2008

170,882

2009

133,743

2010

142,036

The Department has a framework agreement with Vodafone since 2009 that gives unlimited landline calls both local and national and unlimited texts and calls to national mobiles (085, 086 and 087). Officials incurring charges outside these parameters i.e. while abroad, have to sign off on all official calls and pay for personal ones themselves.

Departmental Bodies

Lucinda Creighton

Ceist:

405 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the Children’s Act Advisory Board in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1218/11]

Lucinda Creighton

Ceist:

421 Deputy Lucinda Creighton asked the Minister for Health and Children the number of times she has sought advise from the Children’s Act Advisory Board on policy issues relating to the co-ordinated delivery of services under the Children’s Act 2001; and if she will make a statement on the matter. [1244/11]

I propose to take Questions Nos. 405 and 421 together.

Membership of the Children Acts Advisory Board over the period in question was as follows:

Ms Jacinta Stewart (Chairperson)

Mr Michael Donnellan

Ms Nuala Doherty

Ms Michelle Shannon

Mr Finbarr Murphy

Mr Roger Killeen

Ms Phil Hanna

Mr Cathal Flynn

Mr Dermot Stokes

Mr Denis O'Sullivan (appointed July 2009)

Mr Charlie Hardy (resigned 15/5/2009)

Mr Gerry O'Neill (membership expired on 15/11/2010)

Ms Cathleen Callanan (membership expired on 15/11/2010)

I am advised that fees paid to board members in the years 2008 to date are as follows:

2008 — €54,000. Paid in respect of years 2007 and 2008 at the rate of €9,000 per annum per person for 3 board members.

2009 — €24,300. Paid in respect of year 2010 at the rate of €8,100 per annum per person for 3 board members.

Expenses paid to board members in the period 2007 to date are as follows:

2007 — €13,972.20

2008 — €6,257.50

2009 — €2,660.90

2010 — €580.70

I have requested a breakdown from CAAB of the fees and expenses paid to individual members of the Board and I will forward this information to the Deputy as soon as it is available.

The Children's Acts Advisory Board was established in 2007. The Board has advised the Office of the Minister for Children and Youth Affairs (OMCYA) on best practice and co-ordination in the special residential care sector, on both a formal and informal basis.

In October 2008 a decision was made by Government to subsume the functions of the Children's Acts Advisory Board (CAAB) into the Office of the Minister for Children and Youth Affairs. This is provided for under the Child Care (Amendment) Bill 2009, which recently passed Committee stage in Dáil Eireann. The Bill is due to complete its passage through the Oireachtas shortly.

Lucinda Creighton

Ceist:

406 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the Crisis Pregnancy Agency in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1219/11]

As the Crisis Pregnancy Agency has been integrated into the Health Service Executive, your question has been referred to the Executive for direct reply.

Lucinda Creighton

Ceist:

407 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the Health Information and Quality Authority in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1220/11]

The following Board members fees have been sanctioned in respect of the Health Information and Quality Authority.

From 1 January 2006 the rates were:

Category

Chair

Director

2

€24,000

€14,000

Fees werereduced by 10% with effect from 1st May 2009 and new rates were:

Category

Chair

Director

2

€21,600

€12,600

Fees werereduced again by 5% with effect from 1st Jan 2010 and new rates are:

Category

Chair

Director

2

€20,520

€11,970

The "one person one salary" principle, as recommended by the Review Body on Higher Remuneration in the Public Sector in 1972 and accepted by the Government, provides that as a general rule public servants should not receive additional remuneration for undertaking other duties in the public service, for example for acting as chairpersons or directors of state-sponsored bodies or for serving on commissions or other such bodies. Members of the Board would also be entitled to travel and subsistence in the usual way.

Members since 2007 are set out in the table below:

Board Member

Date Appointed

Date Resigned/Expires

Michael Barry

15/05/2007

15/05/2010

Dan Byrne

15/05/2007

15/05/2010

Ian Callanan

15/05/2007

15/05/2010

Brian Meade

15/05/2007

15/05/2010

David O’Hora

15/05/2007

15/05/2010

Bryan Barry

15/05/2007

15/05/2012

Angela Kerins

15/05/2007

15/05/2012

Geraldine McCarthy

15/05/2007

15/05/2012

Pat McGrath (Chair)

15/05/2007

14/05/2012

Sheila O’Connor

15/05/2007

15/05/2012

Dolores Quinn

15/05/2007

15/05/2012

Grainne Tuke

11/05/2009

14/05/2015

Cillian Twomey

15/05/2010

14/05/2015

Philip Caffrey

15/05/2010

14/05/2015

Richard Hannaford

15/05/2010

14/05/2015

Samuel McConkey

15/05/2010

14/05/2015

Damien McLoughlin

15/05/2010

14/05/2015

Lucinda Creighton

Ceist:

408 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the National Haemophilia Council in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1221/11]

Fees are not paid to members of the National Haemophilia Council, but travel and subsistence is paid in the normal way.

Members since 2007 are set out in the table below:

Board Member

Date Appointed

Date Resigned/Expires

John Bonnar

22/07/2004

21/07/2013

Michael Davenport

22/07/2004

21/07/2013

Oonagh Gilligan

22/07/2004

21/07/2007

Eilish Hardiman

22/07/2004

21/07/2013

Mary Jackson

22/07/2004

21/07/2007

Brian O’Mahony

22/07/2004

21/07/2013

Barry White

22/07/2004

21/07/2013

Jude Smith

10/12/2004

09/12/2007

Angela Fitzgerald

23/05/2005

22/05/2008

Beatrice Nolan

20/01/2006

19/01/2012

Ann Grogan

09/01/2009

09/12/2010

Matthew Collins

09/01/2009

09/12/2010

Fionnuala Duffy

09/09/2009

22/05/2011

Susan O’Shea

22/07/2010

21/07/2013

Lucinda Creighton

Ceist:

409 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the Health Research Board in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1222/11]

The following Board members fees have been sanctioned in respect of the Health Research Board since 28th November 2008.

From 1 January 2006 the rates were:

Category

Chair

Director

3

€14,000

€9,000

Fees werereduced by 10% with effect from 1st May 2009 and new rates were:

Category

Chair

Director

3

€12,600

€8,100

Fees werereduced again by 5% with effect from 1st Jan 2010 and new rates are:

Category

Chair

Director

3

€11,970

€7,695

The "one person one salary" principle, as recommended by the Review Body on Higher Remuneration in the Public Sector in 1972 and accepted by the Government, provides that as a general rule public servants should not receive additional remuneration for undertaking other duties in the public service, for example for acting as chairpersons or directors of state-sponsored bodies or for serving on commissions or other such bodies. Members of the Board would also be entitled to travel and subsistence in the usual way.

Members since 2007 are set out in the table below

Board Member

Date Appointed

Date Resigned/Expires

Owen Corrigan

19/02/2004

03/05/2007

Tom Cotter

03/05/2002

02/05/2007

Niall Daly

03/05/2002

02/05/2007

Desmond Fitzgerald (Chair)

03/05/2002

02/05/2007

Kevin Kelleher

03/05/2002

02/05/2007

Hannah McGee

17/01/2005

02/05/2007

Tim O’Brien

03/05/2002

02/05/2007

Tony Pembroke

03/05/2002

02/05/2007

Anne Scott

03/05/2002

02/05/2007

Bob Stout

03/05/2002

02/05/2007

Conor Burke

12/06/2007

11/06/2015

Michael Griffith

12/06/2007

11/06/2010

Rebecca Cramp

06/05/2005

02/05/2010

David Doran

03/05/2005

02/05/2010

Tony Holohan

12/06/2007

11/06/2010

Brian Kearney

12/06/2007

11/06/2010

Dermot Kelleher

03/05/2005

02/05/2010

Bernard Mahon

03/05/2005

02/05/2010

Tom Mooney

21/09/2005

02/05/2010

Ena Prosser

12/06/2007

11/06/2010

Colin Doherty

12/06/2010

11/06/2015

Catherine Godson

12/06/2007

11/06/2012

Michael Kerin

12/06/2007

11/06/2012

John McCormack

12/06/2010

11/06/2015

Prem Puri

12/06/2010

11/06/2015

Marion Rowland

12/06/2010

11/06/2015

Frances Ruane

12/06/2007

11/06/2012

Reg Shaw (Chair)

12/06/2007

11/06/2012

Brian Sweeney

12/06/2007

11/06/2012

Lucinda Creighton

Ceist:

410 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the Health Services Executive in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1223/11]

The following Board members fees have been sanctioned in respect of the Health Service Executive.

From 1 January 2006 the rates were:

Category

Chair

Director

1

€35,000

€17,500

Fees werereduced by 10% with effect from 1st May 2009 and new rates were:

Category

Chair

Director

1

€31,500

€15,750

Fees werereduced again by 5% with effect from 1st Jan 2010 and new rates are:

Category

Chair

Director

1

€29,888

€14,963

The "one person one salary" principle, as recommended by the Review Body on Higher Remuneration in the Public Sector in 1972 and accepted by the Government, provides that as a general rule public servants should not receive additional remuneration for undertaking other duties in the public service, for example for acting as chairpersons or directors of state-sponsored bodies or for serving on commissions or other such bodies. Members of the Board would also be entitled to travel and subsistence in the usual way.

Members since 2007 are set out in the table below:

Board Member

Date Appointed

Date Resigned/Expired

Niamh Brennan

01/01/2005

07/02/2015

Donal de Butleir

01/01/2005

31/12/2009

Liam Downey (Ex Chair)

15/08/2005

14/08/2010

Brendan Drumm

15/06/2005

14/06/2010

PJ Fitzpatrick

01/01/2005

31/12/2012

Maureen Gaffney

01/01/2005

31/12/2009

Eugene McCague

01/01/2005

31/12/2012

Anne Scott

01/01/2005

31/12/2012

Michael McLoone

01/01/2005

31/12/2007

John Murray

01/01/2005

31/12/2007

Willie O’Reilly

24/07/2008

31/12/2009

Dermot Power

05/05/2009

07/02/2015

Frank Dolphin (Chair)

15/08/2010

14/08/2015

Pat Farrell

19/02/2008

31/12/2012

John Fitzgerald

08/02/2010

07/02/2015

Nuala Hunt

11/10/2010

31/12/2012

Sylda Langford

08/02/2010

07/02/2015

Joe Lavelle

08/02/2010

07/02/2015

Joe Mooney

19/02/2008

31/12/2012

Lucinda Creighton

Ceist:

411 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the Irish Medicines Board in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1224/11]

The Chairperson of the Irish Medicines Board receives a fee and Ordinary members receive travel and subsistence payments.

From 1 January 2006 the rates were:

Category

Chair

Director

2

€24,000

€14,000

Fees werereduced by 10% with effect from 1st May 2009 and new rates were:

Category

Chair

Director

2

€21,600

€12,600

Fees werereduced again by 5% with effect from 1st Jan 2010 and new rates are:

Category

Chair

Director

2

€20,520

€11,970

Members since 2007 are set out in the table below:

Board Member

Date Appointed

Date Resigned/Expires

Patrick M Brangan

01/01/2006

31/12/2010

Brendan Buckley

01/01/2006

31/12/2010

Wilf Higgins

01/01/2006

31/12/2010

Ingrid Hook

01/01/2006

31/12/2010

Brendan McLoughlin

01/01/2006

31/12/2010

Patrick O’Mahony

01/01/2006

31/12/2010

Cecily Roche

01/01/2006

31/12/2010

Maureen Windle

01/01/2006

31/12/2010

Lucinda Creighton

Ceist:

412 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the National Cancer Registry Board in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1225/11]

Fees are not paid to members of the National Cancer Registry Board, but travel and subsistence is paid in the normal way.

Members since 2007 are set out in the table below:

Board Member

Date Appointed

Date Resigned/Expires

Elizabeth Keane

18/10/1996

30/06/2009

Tony Holohan

17/10/2001

30/06/2009

David Fennelly

26/03/2002

30/06/2009

Joseph Moran

26/03/2002

30/06/2009

Ivan Perry

26/03/2002

30/06/2009

Mary Hynes

26/03/2002

30/06/2009

Tom Crotty

06/10/2003

30/06/2009

Patricia Fitzpatrick

31/03/2006

05/08/2011

Anna Gavin

01/01/2008

05/08/2011

Gordon Watson

01/01/2008

30/06/2009

John Devlin

06/08/2009

05/08/2011

Donal Hollywood

06/08/2009

05/08/2011

John McCormack

06/08/2009

05/08/2011

Deirdre Murray

06/08/2009

05/08/2011

Tony O’Brien

06/08/2009

05/08/2011

Lucinda Creighton

Ceist:

413 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the National Treatment Purchase Fund Board in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1226/11]

The following Board members fees have been sanctioned in respect of the National Treatment Purchase Fund Board with effect from 1st November 2006.

From 1 January 2006 the rates were:

Category

Chair

Director

4

€10,500

€7,000

Fees werereduced by 10% with effect from 1st May 2009 and new rates were:

Category

Chair

Director

4

€9,450

€6,300

Fees werereduced again by 5% with effect from 1st Jan 2010 and new rates are:

Category

Chair

Director

4

€8,978

€5,985

The "one person one salary" principle, as recommended by the Review Body on Higher Remuneration in the Public Sector in 1972 and accepted by the Government, provides that as a general rule public servants should not receive additional remuneration for undertaking other duties in the public service, for example for acting as chairpersons or directors of state-sponsored bodies or for serving on commissions or other such bodies. Members of the Board would also be entitled to travel and subsistence in the usual way.

Members since 2007 are set out in the table below:

Board Member

Date Appointed

Date Resigned/Expires

Victor Boyhan

02/09/2004

08/11/2010

Mary Brazil

13/09/2004

08/11/2013

Frank Chambers

02/09/2004

01/09/2007

Ray Doherty

02/09/2004

01/09/2007

Maureen Lynott

01/05/2004

30/04/2007

Lenore Mrwicka

23/09/2004

22/09/2007

Christy Nolan

23/09/2004

22/09/2007

John O’Dwyer

02/09/2004

30/04/2010

John Stephens

23/09/2004

08/11/2010

John Horan (Chair)

15/05/2007

02/06/2013

Sean McCarthy

09/11/2007

08/11/2010

Rita Hayes

09/11/2007

08/11/2013

Dermot Mullane

09/11/2007

08/11/2013

Tony O’Sullivan

09/11/2007

08/11/2010

Tom Murphy

03/06/2010

02/06/2013

Lucinda Creighton

Ceist:

414 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the National Council for the Professional Development of Nursing and Midwifery in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1227/11]

Fees are not paid to members of the National Council for the Professional Development of Nursing and Midwifery, but travel and subsistence is paid in the normal way.

Members since 2007 are set out in the table below:

Board Member

Date Appointed

Date Resigned/Expires

Hazel Daniels

30/11/1999

29/11/2009

Antoinette Doocey

30/11/1999

29/11/2014

Paddy Hume

30/11/1999

29/11/2014

Marie Keane

30/11/1999

29/11/2014

Eileen Kelly

30/11/1999

29/11/2009

Aveen Murray

30/11/1999

29/11/2014

Maura Nash

30/11/1999

29/11/2014

Valerie Small

30/11/1999

29/11/2014

Pearl Treacy

30/11/1999

29/11/2014

Anne Carrigy

08/04/2003

29/11/2014

Mary Brosnan

22/04/2005

29/11/2014

Jim Browne

22/04/2005

29/11/2009

Jacqueline Burke

22/04/2005

29/11/2014

Brendan Byrne

22/04/2005

29/11/2014

Laraine Joyce

22/04/2005

29/11/2014

Siobhan O’Halloran

22/04/2005

29/11/2014

Bernie Quillinan

22/04/2005

29/11/2014

Tony Morris

28/02/2006

29/11/2014

Sheila O’Malley

21/04/2008

29/11/2014

Gary Browne

30/11/2009

29/11/2014

Maureen Kington

30/11/2009

29/11/2014

Ailis Ni Riain

30/11/2009

29/11/2014

Marie Tighe

30/11/2009

29/11/2014

Lucinda Creighton

Ceist:

415 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the Office of Tobacco Control in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1228/11]

Fees are not paid to members of the Board of the Office of Tobacco Control, but travel and subsistence is paid in the normal way.

Members since 2007 are set out in the table below:

Board Member

Date Appointed

Date Resigned/Expires

Shane Allwright

26/03/2008

25/03/2013

Farrel Corcoran

26/03/2008

25/03/2013

Norma Cronin

26/03/2008

25/03/2013

Mary Cunningham

26/03/2008

25/03/2013

Paddy Donnelly

26/03/2008

25/03/2013

Pat Doorley

26/03/2008

25/03/2013

Dennis Drought

26/03/2008

25/03/2013

Annette Fitzgerald

26/03/2008

25/03/2013

Stephanie Kelly

26/03/2008

25/03/2013

Eimear Killian

26/03/2008

25/03/2013

Owen Nulty

26/03/2008

25/03/2013

Rosaleen O’Grady

26/03/2008

25/03/2013

Lucinda Creighton

Ceist:

416 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the Pharmaceutical Society of Ireland Council in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1229/11]

The following Board members fees have been sanctioned in respect of the Pharmaceutical Society of Ireland Council.

From 1 January 2006 the rates were:

Category

Chair

Director

3

€14,000

€9,000

Fees werereduced by 10% with effect from 1st May 2009 and new rates were:

Category

Chair

Director

3

€12,600

€8,100

Fees werereduced again by 5% with effect from 1st Jan 2010 and new rates are:

Category

Chair

Director

3

€11,970

€7,695

The "one person one salary" principle, as recommended by the Review Body on Higher Remuneration in the Public Sector in 1972 and accepted by the Government, provides that as a general rule public servants should not receive additional remuneration for undertaking other duties in the public service, for example for acting as chairpersons or directors of state-sponsored bodies or for serving on commissions or other such bodies. Members of the Board would also be entitled to travel and subsistence in the usual way.

Members since 2007 are set out in the table below

Board Member

Date Appointed

Date Resigned\Expires

Bernard Leddy (Chair)

22/05/2007

21/05/2011

Paul Gallagher

22/05/2007

21/05/2011

Cathriona Hallahan

22/05/2007

21/05/2011

Noeleen Harvey

22/05/2007

21/05/2011

June Nunn

22/05/2007

21/05/2011

John Hillery

06/02/2009

21/05/2011

Kate Mulvenna

05/03/2009

21/05/2011

Leonie Clarke

29/04/2010

21/05/2011

Paul Fahey

05/05/2009

21/05/2013

Ita Kelleher

05/05/2009

22/05/2013

Deirdre Larkin

05/05/2009

22/05/2013

Michelle Ni Longain

05/05/2009

22/05/2013

Noirin O’Sullivan

05/05/2009

22/05/2013

Stephen Boyle

21/05/2009

21/05/2011

Margaret Ann Doherty

22/05/2009

22/05/2013

Georgina Ann Frankish

22/05/2009

22/05/2013

Eoghan Hanly

22/05/2009

22/05/2013

Aidan Horan

22/05/2009

22/05/2013

John Collins

22/05/2009

22/05/2013

Sean Hurley

26/05/2009

21/05/2011

Rita Purcell

20/05/2010

22/05/2013

Leonie Clarke

29/04/2010

21/05/2011

Lucinda Creighton

Ceist:

417 Deputy Lucinda Creighton asked the Minister for Health and Children the name of each board member of the Scientific Committee of the Food Safety Authority of Ireland in the years 2007, 2008, 2009 and 2010; the remuneration and expenses awarded to each of those members in each of those years; and if she will make a statement on the matter. [1230/11]

Fees are not paid to members of the Board of the Scientific Committee of the Food Safety of Ireland, but travel and subsistence is paid in the normal way.

Members since 2007 are set out in the table below:

Board Member

Date Appointed

Date Resigned\Expires

Albert Flynn (Chair)

29/11/1999

31/12/2010

Colin Hill

29/11/1999

31/12/2010

Brian McKenna

29/11/1999

31/12/2010

Michael P Ryan

29/11/1999

31/12/2010

Martin Cormican

24/02/2000

31/12/2010

Paula Barry Walsh

31/01/2005

31/12/2010

Paul McKeown

31/01/2005

31/12/2010

Michael O’Keefe

31/01/2005

31/12/2010

Iona Pratt

30/01/2007

31/12/2010

Terry McMahon

11/09/2008

31/12/2010

Colette Bonner

28/04/2008

31/12/2010

Dan O’Sullivan

19/02/2008

31/12/2010

Ray Parle

28/07/2008

31/12/2010

Dan Collins

28/01/2010

31/12/2010

Catherine Adley

28/01/2010

31/12/2010

Lucinda Creighton

Ceist:

418 Deputy Lucinda Creighton asked the Minister for Health and Children the remuneration and expenses awarded to members of the following State boards and agencies in the years 2007, 2008, 2009 and 2010 — the Advisory Committee for Veterinary Medicines (IMB), An Bord Altranais, An Bord Uchtala, Comhairle na Nimheanna, Consultative Council on Hepatitis C, Dental Council, Drug Treatment Centre Board, Dublin Dental Hospital Board, Food Safety Consultative Council, Health and Social Care Professionals Council, Health Insurance Authority, National Paediatric Hospital Development Board, National Social Work Qualifications Board, Hepatitis C and HIV Compensation Tribunal, Social Workers Registration Board, Voluntary Health Insurance Board, Irish Blood Transfusion Service, Medical Council, Poisons Council, Pre-Hospital Emergency Care Council and Mental Health Commission; the allocated funding and expenditure of each board or agency in each of those years; and if she will make a statement on the matter. [1231/11]

The detailed information requested by the Deputy regarding remuneration in Boards and Agencies is currently being collated. This involves the examination of a considerable volume of data. I will have the details forwarded to the Deputy shortly.

Health Service Executive Complaints

Lucinda Creighton

Ceist:

419 Deputy Lucinda Creighton asked the Minister for Health and Children the total number of complaints made by members of the public against the Health Service Executive in the years 2008, 2009 and 2010, by service area in tabular form; the number of complaints that have been resolved and the number outstanding in each year; the amount spent investigating such complaints in each year; and if she will make a statement on the matter. [1236/11]

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

Children in Care

Lucinda Creighton

Ceist:

420 Deputy Lucinda Creighton asked the Minister for Health and Children the number of children in the care of the State who do not have a dedicated social worker; and if she will make a statement on the matter. [1243/11]

The latest available information from the HSE indicates that 91.9% of the 5,682 children in care have an allocated social worker.

Question No. 421 answered with Question No. 405.

Ambulance Service

Pat Breen

Ceist:

422 Deputy Pat Breen asked the Minister for Health and Children if she will report on discussions regarding an air ambulance service for the west Clare area; and if she will make a statement on the matter. [1249/11]

On foot of a proposal by the Irish Coast Guard (ICG) in relation to the provision of limited aeromedical support to land ambulance services, I have asked the HSE to work with the ICG to develop a pilot arrangement in this regard. The existing air ambulance service provided by the Air Corps will not be affected.

I have arranged for the Deputy's question to be forwarded to the HSE with a request that the Executive provide him with further details in the matter.

Hospital Waiting Lists

James Reilly

Ceist:

423 Deputy James Reilly asked the Minister for Health and Children the numbers of children awaiting operations at Crumlin Children’s Hospital; when a child (details supplied) will receive surgery; the number of children who were sent abroad in 2010 for expensive surgery; the estimated number who will be sent abroad in 2011; and if she will make a statement on the matter. [1250/11]

Bernard J. Durkan

Ceist:

454 Deputy Bernard J. Durkan asked the Minister for Health and Children when urgent heart surgery at Our Lady’s Hospital, Crumlin will be offered to a person (details supplied ; the current waiting list for such surgery; and if she will make a statement on the matter. [1662/11]

I propose to take Questions Nos. 423 and 454 together.

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

Medical Cards

Michael McGrath

Ceist:

424 Deputy Michael McGrath asked the Minister for Health and Children the position regarding a medical card appeal under the over 70 years medical card scheme in respect of a person (details supplied) in County Cork. [1256/11]

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

Health Insurance

Caoimhghín Ó Caoláin

Ceist:

425 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the reason a person wishing to renew their European health insurance card cannot do so on-line if they have changed address since receiving their original card and if she will make it possible to submit the new address online in the course of the renewal process. [1258/11]

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

Health Services

Finian McGrath

Ceist:

426 Deputy Finian McGrath asked the Minister for Health and Children her views in the case of a person (details supplied) in Dublin 3. [1263/11]

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

Hospital Waiting Lists

Aengus Ó Snodaigh

Ceist:

427 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason appointments at the ophthalmic clinic in Crumlin children’s hospital scheduled for March 2011 have been put back until September 2011 and the steps she will take to ensure that children with both common and complex eye conditions are seen more quickly. [1286/11]

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

Hospital Services

Charlie O'Connor

Ceist:

428 Deputy Charlie O’Connor asked the Minister for Health and Children the actions she is taking to ensure effective implementation of all recommendations of the Hayes report in respect of Tallaght hospital; and if she will make a statement on the matter. [1293/11]

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

Following its publication, I met with Dr. Hayes to discuss the implications of his report. I have also had discussions with the Chair of Tallaght Hospital and the CEO of the HSE about the report. Their main focus is 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. 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. The interviews took place in late 2010 with an expected start date for the successful candidates 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. This report is awaited.

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 fully committed to implementing the recommendations of the Hayes report in the shortest possible timeframe. I am confident that adopting this approach will help ensure the provision of a timely and quality radiology service in Tallaght Hospital.

Health Service Staff

Maureen O'Sullivan

Ceist:

429 Deputy Maureen O’Sullivan asked the Minister for Health and Children the number of persons employed at administrative and managerial levels in the Health Service Executive as distinct from clinical staff, currently earning over €100,000 a year. [1294/11]

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:

430 Deputy John McGuinness asked the Minister for Health and Children if she will review an application for a medical card which was refused in respect of a person (details supplied) in County Kilkenny. [1330/11]

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

Health Service Staff

Denis Naughten

Ceist:

431 Deputy Denis Naughten asked the Minister for Health and Children the steps she will take to fill vital front-line staffing and nursing posts which are placing health services on the verge of closure; and if she will make a statement on the matter. [1347/11]

The Government has made clear that a critical part of its strategy to restore the public finances is to achieve sustainability in the cost of delivering public services relative to State revenues. To help achieve this goal, it will be necessary to restructure and reorganise the public service and to reduce public service numbers over the coming years. This requires that the moratorium on recruitment and promotion in the health service will continue to apply until the numbers have fallen to the level set out in the Employment Control Framework 2011-2014 for the health sector. The Framework gives effect to the Government policy on employment in the public sector.

However, the Framework does allow for the filling of certain exempted grades including Medical Consultant, Speech & Language Therapist, Occupational Therapist, Physiotherapist, Clinical Psychologist, Behavioural Therapist, Counsellor, and Social Worker. There are also grades/posts to which special provisions apply including Psychiatric Nurse and Advanced Nurse Practitioner/Clinical Nurse Specialist.

In addition, the Health Service Executive can also make exceptions to the moratorium on recruitment under certain conditions.

Care of the Elderly

Brian O'Shea

Ceist:

432 Deputy Brian O’Shea asked the Minister for Health and Children the assistance she will give regarding the problems of a care home in County Waterford (details supplied); and if she will make a statement on the matter. [1351/11]

I understand the Deputy is referring to a specific facility that proposes to provide short-term residential care in the HSE Southern region.

Under the Health Act 2007 statutory responsibility is given to the Chief Inspector of Social Services, part of the Health Information and Quality Authority (HIQA), for the independent inspection and registration of certain categories of designated centres. This includes residential care settings for older people. Since 1 July 2009 all nursing homes, public and private, are registered under the Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2009, as amended, by the Chief Inspector. All nursing homes (public and private) are inspected under the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009, as amended, and must meet the National Quality Standards for Residential Care Settings for Older People in Ireland.

The Chief Inspector has the power to refuse to register, attach conditions to a registration or cancel the registration of a designated centre in the event of non-compliance with the regulations or the standards. It would be inappropriate for me to comment on an individual application for registration.

I can, however, advise the Deputy that my Department recently commenced a review of the Care and Welfare Regulations. As part of the review submissions are welcomed from any individual, group or other body who wishes to make a contribution. Closing date for receipt of submissions is Monday, 31 January 2011 and further details are available at www.dohc.ie/consultations. The issues raised in submissions, including issues specific to this type of residential facility, will be borne in mind when carrying out this review, which is due to be completed by mid-2011.

Ambulance Service

Richard Bruton

Ceist:

433 Deputy Richard Bruton asked the Minister for Health and Children the position regarding the future of the ambulance service in Dublin city and county; her views on the fact that the number of ambulances operated by Dublin City Council through the Dublin Fire Brigade is being reduced; if she believes there is an adequate number of ambulances servicing the needs of the people of Dublin; and if she will make a statement on the matter. [1354/11]

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

Disabled Drivers

Denis Naughten

Ceist:

434 Deputy Denis Naughten asked the Minister for Health and Children if she will amend the current regulations covering the motorised transport grant to allow any designated area medical officer to sign off rather than the senior AMO; and if she will make a statement on the matter. [1424/11]

I have no plans to amend the current regulations covering the issue of a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 to allow any designated area medical officer to sign off rather than the Senior Area Medical Officer.

Health Service Staff

Denis Naughten

Ceist:

435 Deputy Denis Naughten asked the Minister for Health and Children when a senior area medical officer will be appointed in County Roscommon; and if she will make a statement on the matter. [1425/11]

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

Denis Naughten

Ceist:

436 Deputy Denis Naughten asked the Minister for Health and Children the number of staff (details supplied) on sick leave on a county basis on 1 December 2010 and on 1 January 2011; and if she will make a statement on the matter. [1431/11]

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

Medical Cards

Jack Wall

Ceist:

437 Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will be allocated their medical card; and if she will make a statement on the matter. [1434/11]

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

Health Warnings

James Reilly

Ceist:

438 Deputy James Reilly asked the Minister for Health and Children if she will introduce regulations to provide for combined text and pictorial warnings on cigarette packs on sale here as provided for under section 6 of the Public Health (Tobacco)(Amendment) Act 2009, by the end of February 2011; and if she will make a statement on the matter. [1437/11]

As the Deputy will be aware, my Department is working with the Office of the Parliamentary Counsel to finalise the regulations to provide for combined text and photo warnings on tobacco products. It is hoped that this process will be completed shortly.

Medical Cards

Bernard J. Durkan

Ceist:

439 Deputy Bernard J. Durkan asked the Minister for Health and Children the position regarding an application for a medical card in respect of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [1446/11]

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

Jack Wall

Ceist:

440 Deputy Jack Wall asked the Minister for Health and Children the position regarding an application for a medical card in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1479/11]

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

Health Services

Pat Breen

Ceist:

441 Deputy Pat Breen asked the Minister for Health and Children if she will report on the plans for a service (details supplied); and if she will make a statement on the matter. [1480/11]

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

Hospital Services

Thomas P. Broughan

Ceist:

442 Deputy Thomas P. Broughan asked the Minister for Health and Children the number of operating theatres currently in Beaumont Hospital; the number of theatres that are currently being used; and if she will make a statement on the matter. [1526/11]

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

Thomas P. Broughan

Ceist:

443 Deputy Thomas P. Broughan asked the Minister for Health and Children the number of consultant gastroenterologists at Beaumont Hospital; the number of persons on the waiting list to see the consultants; the average waiting time to see the consultants; and if she will make a statement on the matter. [1528/11]

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

Hospital Accommodation

Thomas P. Broughan

Ceist:

444 Deputy Thomas P. Broughan asked the Minister for Health and Children the number of patients on trolleys in the accident and emergency unit of Beaumont Hospital in the last week of 2010 and the first week of 2011; the total number of beds in the hospital, and the total number of beds that were closed in the last week of 2010 and the first week of 2011; and if she will make a statement on the matter. [1529/11]

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

Hospital Staff

Fergus O'Dowd

Ceist:

445 Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding a recent article in a newspaper (details supplied) about Our Lady of Lourdes Hospital in Drogheda; and if she will make a statement on the matter. [1579/11]

Denis Naughten

Ceist:

446 Deputy Denis Naughten asked the Minister for Health and Children the proportion of Irish-trained non-consultant hospital doctors working within our health service; the steps being taken to increase these numbers; and if she will make a statement on the matter. [1587/11]

I propose to take Questions Nos. 445 and 446 together.

The Health Service Executive (HSE) has been asked to reply directly to the Deputies in relation to the number of Irish-trained non-consultant hospital doctors (NCHDs) employed in the health service and recruitment at Our Lady of Lourdes Hospital, Drogheda.

As at 10 January 2010, approximately 165 of 4,638 NCHD posts were vacant. The number of posts that are vacant reflects, primarily, an international shortage of such doctors. While this presents challenges in particular locations, the HSE's Human Resources, Integrated Services and Quality and Clinical Care Directorates are in response implementing a strategy encompassing a range of recruitment and service measures. This strategy has been informed by recent meetings involving the HSE, the Medical Council, the Forum of Postgraduate Training Bodies and other stakeholders. In addition, each HSE area has a contingency plan in place to ensure safe services are maintained in the context of any ongoing vacancies.

Measures being progressed include restructuring existing training rotations to ensure they are appropriately aligned with reconfigured services, ensuring that hospitals with appropriate training capacity are assigned trainees and the introduction of additional Initial Specialist Training posts in Emergency Medicine and additional Initial Specialist Training posts in Surgery.

With regard to increasing the proportion of Irish-trained non-consultant doctors, Government policy is to increase the number of EU undergraduate medical student places on a phased basis. A graduate entry programme introduced in 2007 also provides for additional EU medical school places. My colleague the Minister for Education and Skills has lead responsibility for implementing these initiatives; however, the continued expansion of medical student places will impact on the requirement for additional medical training places in the health service. With the overall increase in the numbers of medical student places, my Department is in regular contact with the Health Service Executive regarding the number of intern training posts required by the health service. The 2011 Employment Control Framework in the health sector provides for an additional 40 Intern places to cater for the continued expansion of medical student places and for implementing other reforms.

Legal Services

Alan Shatter

Ceist:

447 Deputy Alan Shatter asked the Minister for Health and Children if she will give details of the consultations she has had with the Health Service Executive with regard to legal services for which the HSE sought competitive tendering in 2010; the services of which she is aware in respect of which the HSE so tendered and the name of the solicitors firm that assisted the HSE in the preparation of any tendering documents in 2009 and 2010; and, in each case, the name of the solicitors firm that was successful in the tender process and the nature of the work to which the tender related. [1592/11]

The HSE has advised that on 13 November 2009 a contract notice was dispatched to the Official Journal of the European Union announcing the commencement of a procurement process for the delivery of a concessionary type model for legal services.

The HSE has further advised that the contracting model is two-tiered and will at the outset involve a total of 35 law firms, all of whom have been qualified by the HSE to deliver services through four geographical panels, each panel representing a HSE Administrative Area. The law firms on these panels (which have been called Member Firms) will be used to deliver advices and services in key legal areas such as Child Care, Environmental Health, Mental Health, Disability, etc. and these firms will be managed by a single law firm who will act as the service manager for the contract. In addition to acting as the service manager, this law firm will also be responsible for providing the HSE with all of its corporate legal advice.

The HSE has also advised that in order to give effect to the model, a three-stage procurement process was conducted. The general requirement to reduce legal costs has been the subject of agreement by the HSE with my Department and specific targets were included in the 2010 service plan. I was informed by the Secretary General, in October 2010, that the procurement process was under way and that it was hoped that the new arrangements would come into operation from 1 January 2011.

The Head of the Legal Division in my Department was also informed by her opposite number in the HSE that the tendering process was taking place. Following a detailed and comprehensive evaluation process, the firm of Arthur Cox was selected as the Preferred Bidder to act as the service management firm for the new contracting model. The Head of the Legal Division in my Department was informed that Arthur Cox had been chosen and that its name was going before the Board at a meeting to take place in December. Contractual negotiations are currently ongoing with this firm with a view to a contract commencing on 1 March 2011. To manage any risk associated with conflict of interest, a firm from outside of this jurisdiction was engaged to assist HSE in preparing contract documents. The firm engaged to assist in this regard is the firm of McGrigors LLP, whose head office is in Edinburgh, Scotland. Senior Counsel has also been retained on an as-required basis to advise the HSE.

Health Services

Billy Timmins

Ceist:

448 Deputy Billy Timmins asked the Minister for Health and Children, further to Parliamentary Question No. 156 of 3 November 2010, the position regarding the case of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [1602/11]

I understand that the HSE has responded to the Deputy in this case. The Deputy was advised that the consultant has prioritised this patient based on his clinical need. If the patient's general practitioner feels that he needs urgent attention he may wish to contact the consultant directly.

Hospital Services

Willie Penrose

Ceist:

449 Deputy Willie Penrose asked the Minister for Health and Children if she will ensure that a person (details supplied) in County Westmeath is admitted to Midland Regional Hospital, Tullamore, as a matter of urgency for surgery; and if she will make a statement on the matter. [1606/11]

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

Health Services

Christy O'Sullivan

Ceist:

450 Deputy Christy O’Sullivan asked the Minister for Health and Children the average waiting period for orthodontic treatment through the Health Service Executive at St. Finbar’s Dental Hospital, Cork (details supplied); the action being taken to address the long waiting time; and if she will make a statement on the matter. [1609/11]

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

Legal Services

Alan Shatter

Ceist:

451 Deputy Alan Shatter asked the Minister for Health and Children, in each of the years 2006, 2007, 2008, 2009 and 2010, the arrangements entered into by her Department for the obtaining of advice from a firm of solicitors or from senior or junior counsel; in each case, the subject matter in respect of which advices were sought, the name of the solicitors firm or barristers concerned, and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender; and where not, why not. [1624/11]

Alan Shatter

Ceist:

453 Deputy Alan Shatter asked the Minister for Health and Children, with regard to legal services used by her Department, any Body under the aegis of her Department or any State agency for which she is responsible; if she will give details of the legal services for which there was competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents; and, in each case, the solicitors firm that succeeded in the tendering process, the nature of the work for which each firm successfully tendered, and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1654/11]

I propose to take Questions Nos. 451 and 453 together.

With regard to the information requested by the Deputy concerning legal services obtained by the Department between 2006 and 2010, the information set out below covers the period from January 2007 to November 2010. I am advised that this is acceptable to the Deputy.

In early 2009, the Department invited a number of solicitors to submit prices for work. Based on the prices received, the Department made offers to the solicitors concerned, and those who accepted were included on a panel for use by the Department. In previous years, for small drafting jobs which were below tendering limits, the Department felt that better value for money could be obtained from using those familiar with the relevant requirements.

My Department has not sought legal advice in relation to tendering processes during the period outlined by the Deputy. With regard to agencies under the remit of my Department, payment for legal services is an operational matter for the agencies themselves, and such information is not held by my Department.

Year 2007

Name of solicitor or barrister

Amount paid

Reason

Tendered (yes/no — please explain if no)

2007

Conor Feeney, BL

2,500

Review of Draft SI transposing EU Directive 2005/36/EC-Recognition of Professional Qualifications-as they apply to Pharmacists

Chosen from a panel used by the Dept for drafting and legal advice.

2007

Noel Travers

3,267

Preparation of Final Advisory Report of Counsel regarding the implementation of Directive 2001/83/EC, as amended, into Irish Law

Chosen from a panel used by the Dept for drafting and legal advice

2007

Maire Ni Shuilleabhain

3,400

Drafting of regulations to give effect to EC Regulation 178/2002

Chosen from a panel used by the Dept for drafting and legal advice

510

Drafting of regulations defining Marginal, Localised and Restricted Activity

340

Drafting of Health (Country of Origin of Beef) (Amendment) Regulations

1,105

Drafting of Regulations on Approval of Food Establishments

85

Response to Query re provision in SI giving effect to Waters Directive

425

Drafting of SIs to give effect to Directive 2006/82 on infant formula and dietary foods

425

Drafting of SI to give effect to Directive 2006/107 on labelling presentation and advertising of foods

255

Drafting of SI to give effect to Directive 2006/33 on additives,colours and sweeteners in foodstuffs

1,190

Drafting of regulations to give effect to EC Regulation 178/2002

85

Response to Query re Directive 2006/107 on labelling, presentation and advertising of foodstuffs — Bulgaria/Romania accession

595

Drafting of Regulations on Processed Cereal-Based Foods and Baby Foods

850

Drafting of Food Supplements Regulations

425

Drafting of Regulations amending Principal Regulations on Foodstuffs for Particular Nutritional Uses

Year 2007

Name of solicitor or barrister

Amount paid

Reason

Tendered (yes/no — please explain if no)

2007

William Fry

27,326

To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayment scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected.

Yes

2007

Donal McGuinness

63,427

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Rory White

60,076

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Vivian Lavan

47,654

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Mervyn Hickey

75,867

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Caroline Timmons

44,275

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Crionna Creagh

47,293

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Kara Turner

17,401

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Gail Nohilly

14,744

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Fintan Valentine

5,649

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Conor Feeney, BL

2,500

Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives

Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive

2007

Conor Feeney, BL

500

Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives

Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive

Year 2007

Name of solicitor or barrister

Amount paid

Reason

Tendered (yes/no — please explain if no)

2007

William Fry

60,500

Report on the Financial & Legal advice on authorisation and ownership options in relation to VHI

Yes

2007

Noel Whelan

3,327

Drafting Disability Regulations

No — below the threshold (Public Procurement Guidelines)

2007-2009

Diarmuid O’Donovan (BL)

484,900

The Government established a Commission under the Commissions of Investigation Act, 2004 into matters relating to Leas Cross Nursing Home. The Minister appointed Mr O’Donovan as the Sole Member of the Commission.

No — Sole Member was appointed under the Commissions of Investigation Act, 2004. Sole member nominated his legal team who were also appointed under the 2004 Act.

Legal team nominated by the Sole Member consisted of 1 Solicitor and 5 Junior Counsels

919,286

2007

Elizabeth Carty

33,113

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Nicola Murray Hayden

64,875

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Rebecca Broderick

39,398

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Robert W Haughton

31,115

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Denise Brett

21,835

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Deirdre O’Kane

30,424

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

Total Amount Paid for 2007 — €2,110,942

Year 2008

Name of solicitor or barrister

Amount paid

Reason

Tendered

2008

Conor Feeney, BL

500

For drafting advice in relation to EC (Control of Drug Precursors) Regulations

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney, BL

605

For drafting advice in relation to a SI to authorise prison officers under Misuse of Drugs legislation

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney BL

726

Draft regulations under S18 of the Pharmacy Act 2007 and draft rules of the Pharmaceutical Society of Ireland (PSI) relating to the registration of retail pharmacy businesses

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney BL

363

Draft regulations under S18 of the Pharmacy Act 2007 and draft rules of the PSI relating to the registration of retail pharmacy businesses

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney, BL

605

Review of draft PSI (Fees) Rules 2008

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney, BL

2,601

Draft statutory instrument implementing Professional Qualifications Directive as regards pharmacists under the Pharmacy Act 2007

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney, BL

484

Legal advice on the EC (Recognition of Professional Qualifications of Pharmacists) Regs 2008

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Máire Ni Shuilleabhain

425

Drafting of European Communities (Cosmetics Products) (Amendment) (No. 2) Regulations 2008

Chosen from a panel used by the Dept for drafting and legal advice.

1,360

Drafting of Medicinal Products (Prescription & Control of Supply) (Amendment) Regulations

1,700

Drafting of Poison Regulations

935

Drafting of Cosmetic Products Regulations

1,105

Drafting of Regulations on dietary foods for special medical purposes

680

Drafting of Regulations on energy-restricted diets

Year 2008

Name of solicitor or barrister

Amount paid

Reason

Tendered

255

Drafting of Regulations to give effect to Directive 2006/142 labelling, presentation and advertising of foodstuffs

255

Drafting of Bottled Waters amendment Regulations

1,700

Drafting of Regulations on infant formulae and follow-on formulae

595

Drafting of Regulations (Additives, Colours & Sweeteners) (Amendment) Regulations 2008-(giving effect to Directive 2006/52)

170

Drafting of Regulations (Additives, Colours and Sweeteners) (Amendment) Regulations 2008-(giving effect to Directive 2006/128)

255

Drafting of EC (Purity Criteria on Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2008 giving effect to Directive 2006/129

170

Drafting of Regulations on Dietary Foods for Special Medical Purposes

765

Drafting of Regulations to give effect to Directive 2007/68 on labelling, presentation and advertising of foodstuffs

340

Drafting of Regulations to give effect to Directive 2008/5 on labelling, presentation and advertising of foodstuffs

425

Drafting of Regulations (Additives, Colours and Sweeteners) (Amendment) (No. 3) Regulations 2008-(giving effect to Directive 2008/60)

340

Drafting of Regulations to give effect to Directive 2008/5 on labelling, presentation and advertising of foodstuffs.

765

Drafting advice in respect of tobacco regulations

2008

William Fry

29,723

To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected

Yes

2008

Donal McGuinness

318

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

Year 2008

Name of solicitor or barrister

Amount paid

Reason

Tendered

2008

Crionna Creagh

4,235

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2008

Conor Feeney, BL

2,500

Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards dentists

Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive

2008

Conor Feeney, BL

726

Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives and dentists

Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive

2008

Conor Feeney, BL

2,500

Provision of legal services in relation to the consolidation of the Nurses Act 1985 with new legislation for the regulation of nurses and midwives

The Department sought quotations from 3 Barristers for the provision of legal services in relation to the consolidation. Mr Feeney provided the lowest quote

2008

David Holland S.C

17,784

Legal advice provided to the Inquiry Team in relation to the Monageer Inquiry

Senior Counsel was nominated directly by the Attorney General, and payment sanctioned by the Department of Finance

2008

Elizabeth Carty

41,256

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2008

Nicola Murray Hayden

63,290

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2008

Rebecca Broderick

76,938

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2008

Robert W. Haughton

27,655

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2008

Denise Brett

7,798

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

Total Amount for 2008 — €292,84.

Year 2009

Name of solicitor or barrister

Amount paid

Reason

Tendered

2009

Noel Travers

3,037

Drafting and legal settling of European Communities (Purity Criteria on Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2009

Chosen from a panel used by the Dept for drafting and legal advice.

2,976

Drafting and legal settling of European Communities (Nutrition Labelling of Foodstuffs) Regulations 2009

2,308

Initial drafting and legal advice on draft European Communities (Certain Contaminants in Foodstuffs) Regulations 2010

2009

Conor Feeney

303

Drafting and legal settling of European Communities (Additives, Colours and Sweeteners) (Amendment) Regulations 2009

Chosen from a panel used by the Dept for drafting and legal advice.

2,308

Drafting and legal settling of European Communities (Dietary Foods for Special Medical Purposes) Regulations 2009

1,215

Drafting and legal settling of European Communities (Infant Formulae and Follow-On Formulae) (Amendment) Regulations 2009

304

Draft and legal settling of Health (Definition of Marginal, Localised and Restricted Activity) (Butcher Shop) Regulations 2009

1,215

Review of Draft European Communities (Emergency Measures Chilli, Chilli Products, Curcuma and Palm Oil) Regulations 2009

304

Drafting and legal settling of European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2009

6,804

Initial preparation and review of Draft S.I. European Communities (Official Controls of Foodstuffs) Regulations 2010

2009

William Fry

14,798

To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected.

Yes

2009

Donal McGuinness

3,403

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2009

Mervyn Hickey

21,073

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

Total Amount for 2009 — €60,048

Year 2010

Name of solicitor or barrister

Amount paid

Reason

Tendered

2010

Conor Feeney, BL

607

For drafting advice in relation to EC (Control of Drug Precursors) Regulations

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Conor Feeney, BL

1,815

For drafting advice re the Misuse of Drugs Legislation on “legal highs”

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Conor Feeney, BL

605

For drafting and advice on PSI Regs

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Conor Feeney, BL

363

For drafting advice for the Misuse of Drugs (Amendment) (No.2) Regulations 2010

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Noel Travers

3,025

Drafting and legal settling of European Communities (Certain Contaminants in Foodstuffs) Regulations 2010

Chosen from a panel used by the Dept for drafting and legal advice.

2,987

Preparation of initial advices in respect of the proposed transposition of EC Directive 97/43/EURATOM

2010

Conor Feeney

1,696

Drafting and legal settling of European Communities (Official Controls of Foodstuffs) Regulations 2010

Chosen from a panel used by the Dept for drafting and legal advice.

3,267

Drafting and legal settling of European Communities (Import of Food of non-animal origin) Regulations 2010

302

Legal settling of

(1) Food Safety Authority of Ireland (Amendment of First Schedule) Order 2010

(2) European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2010

(3) European Communities (General Food Law) (Amendment) Regulations 2010

Year 2010

Name of solicitor or barrister

Amount paid

Reason

Tendered

2010

Patrick Terry

3,751

Drafting Medicinal Products (Control of Wholesale Distribution) Regulations 2007 (Amendment) Regulations 2010, Medicinal Products (Control of Manufacture) Regulations 2007 (Amendment) Regulations 2010 & Medicinal Products (Control of Placing on the Market) Regulations 2007 (Amendment) Regulations 2010

Chosen from a panel used by the Dept for drafting and legal advice.

4,325

Preparing a final draft of the European Communities (Cosmetics Products) (Amendment) Regulations 2010

2,783

European Communities (Cosmetics Products) (Amendment) (No. 2) Regulations 2010

2010

Caroline Timmons

605

Drafting and legal settling of European Communities (Food Supplements) (Amendment) Regulations 2010

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Jennifer Goode

2,541

Drafting and legal settling of European Communities (Extraction Solvents used in the production of Foodstuffs) Regulations 2009

Chosen from a panel used by the Dept for drafting and legal advice.

2010

William Fry

12,048

To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected

Yes

2010

Paddy Terry

No payment made yet

To settle regulations under the Adoption Act 2010

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Brian C. Murray

3,781

Thalidomide documentation review

Assigned by the Office of the Attorney General

2010

Ellen Gleeson

4,537

Thalidomide documentation review

Assigned by the Office of the Attorney General

2010

Rebecca Broderick

802

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

Total Amount for 2010 — €49,840 (Up to 4 November 2010 — date of PQ)
Grand Total for 2007 — 2010 — €2,513,677
*The term Documentary Counsel refers to Junior Counsel with an expertise in the area of Orders of Discovery. They were nominated by the Attorney General's Office.
**In 2006, the Department agreed to allow Judge Harding Clark, who headed the Lourdes Hospital Inquiry and the subsequent Lourdes Hospital Redress Board, to retain the services of her legal team in order to advise on the redress scheme.

Legal Proceedings

Alan Shatter

Ceist:

452 Deputy Alan Shatter asked the Minister for Health and Children, in respect of each of the years 2008, 2009 and 2010, if she will give details of the number of court cases initiated in each year in which she or her predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court and High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges, and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s office and, if not, by whom; if she will detail the legal costs incurred by her Department in each of the said years in respect of any such litigation and provide a breakdown of same, including details of fees paid to solicitors and barristers; if she will detail the number of cases in each of the aforesaid years that were lost and in respect of which she or the State was ordered to pay the plaintiff’s costs; and the amount of costs so paid in each of the aforesaid years. [1639/11]

The information requested by the Deputy is currently being collated within my Department and will be forwarded as soon as it is available.

Question No. 453 answered with Question No. 451.
Question No. 454 answered with Question No. 423.

Hospital Services

Denis Naughten

Ceist:

455 Deputy Denis Naughten asked the Minister for Health and Children her plans to develop outpatient and day services at Roscommon and Portiuncula hospitals; and if she will make a statement on the matter. [1783/11]

Denis Naughten

Ceist:

456 Deputy Denis Naughten asked the Minister for Health and Children her plans for acute services at Roscommon and Portiuncula hospitals; and if she will make a statement on the matter. [1784/11]

I propose to take Questions Nos. 455 and 456 together.

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

Children in Care

Caoimhghín Ó Caoláin

Ceist:

457 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 119 of 24 June 2010, when a reply will issue from the Health Service Executive. [1786/11]

Caoimhghín Ó Caoláin

Ceist:

458 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children. further to Parliamentary Question No. 122 of 24 June 2010, when a reply will issue from the Health Service Executive. [1787/11]

Caoimhghín Ó Caoláin

Ceist:

459 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Questions Nos. 161, 162 and 245 of 29 June 2010, when a reply will issue from the Health Service Executive. [1788/11]

Caoimhghín Ó Caoláin

Ceist:

460 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 164 of 29 June 2010, when a reply will issue from the Health Service Executive. [1789/11]

I propose to take Questions Nos. 457 to 460, inclusive, together.

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

Question No. 461 answered with Question No. 360.

Health Service Staff

Caoimhghín Ó Caoláin

Ceist:

462 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Questions Nos. 236 to 239, inclusive, of 29 June 2010, when a reply will issue from the Health Service Executive. [1791/11]

The HSE has confirmed that the detailed information requested by the Deputy regarding social workers is currently being finalised and will be available by the end of this week.

Caoimhghín Ó Caoláin

Ceist:

463 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question No. 57 of 5 October 2010, when a reply will issue form the Health Service Executive. [1792/11]

The HSE has advised that a reply to the Parliamentary Question concerned issued on the 18th of November 2010.

Health Services

Caoimhghín Ó Caoláin

Ceist:

464 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question No. 103 of 7 December 2010, when a reply will issue form the Health Service Executive. [1793/11]

As this is a service matter, it was referred to the Health Service Executive for direct reply on 8 December 2010. I understand that the HSE issued a final response to the Deputy on 4 January 2011 clarifying the matter.

Vaccination Programme

Lucinda Creighton

Ceist:

465 Deputy Lucinda Creighton asked the Minister for Health and Children he amount of funding allocated to provide the H1N1 Swine Flu vaccine in 2010; the amount allocated to its provision in 2011; and if she will make a statement on the matter. [1798/11]

The total amount spent on acquiring special vaccines (Celvapan and Pandemrix) to prevent the Pandemic Flu virus H1N1 over the period 2009/2010 was €35m.

In 2010/11 a seasonal flu vaccine was acquired which included immunisation against the H1N1 virus at a cost of €2.32m.

A further tender will occur in the spring of 2011 for the vaccine for the 2011/12 season.

Road Safety

Thomas P. Broughan

Ceist:

466 Deputy Thomas P. Broughan asked the Minister for Transport if he will report on the tender process that is currently taking place for new intoxilyser machines for use by the Medical Bureau of Road Safety to facilitate the introduction of mandatory testing after a serious road collision; if just one tender process is taking place for the next intoxilyser machines; the total number of intoxilyser machines that have been tendered for; the deadline for the submission of tender applications and the date when the tender will be awarded; and if he will make a statement on the matter. [1299/11]

The Medical Bureau of Road Safety (MBRS) is at an advanced stage of the tender process for an evidential breath testing instrument to replace the existing instrument.

The tender is for the supply of up to 100 instruments. 86 are to be installed in Garda stations and the remainder will be used for training and swap out purposes.

The procurement process began in July 2010 and the deadline for the submission for tenders was 1 December 2010.

I understand from the MBRS that it expects to award the contract in the coming weeks.

Thomas P. Broughan

Ceist:

467 Deputy Thomas P. Broughan asked the Minister for Transport if the Medical Bureau of Road Safety replaces roadside breathalyzers that are returned to them every six months by the gardaí for recaliberation; if Garda stations are ever left without any roadside breathalyzers when they have been sent to the MBRS for recaliberation; if the MBRS will be provided with enough breathalyser machines to allow all breathalyzers to be replaced when machines are with the MBRS for recaliberation when the compulsory testing law is implemented; and if he will make a statement on the matter. [1300/11]

I understand that an agreed arrangement exists between the Medical Bureau of Road Safety (MBRS) and the Gardaí regarding the return and reissue of breathalyzer devices on a 6 monthly basis.

The allocation of individual devices is a matter for the Gardai, as the devices are issued and returned to Traffic Divisions and Garda stations.

The MBRS has issued the number of devices requested by the Gardai.

The MBRS has currently allocated approximately 1000 devices and at any one time well over 90% of these devices should be in operation, the remainder are either ready for issue or being tested or recalibrated.

Each year the MBRS purchases additional devices to replace devices which are beyond repair or lost in order to maintain a level of approximately 1000 devices available to the Gardaí.

Rural Transport Services

Frank Feighan

Ceist:

468 Deputy Frank Feighan asked the Minister for Transport the number of persons who currently avail of the rural transport scheme in County Roscommon. [1496/11]

Frank Feighan

Ceist:

469 Deputy Frank Feighan asked the Minister for Transport the number of persons who currently avail of the rural transport scheme in County Leitrim. [1497/11]

Frank Feighan

Ceist:

470 Deputy Frank Feighan asked the Minister for Transport the amount of funding that was allocated to County Roscommon under the rural transport scheme in 2009 and 2010 and the allocations for the county in 2011. [1498/11]

Frank Feighan

Ceist:

471 Deputy Frank Feighan asked the Minister for Transport the amount of funding allocated to County Leitrim under the rural transport scheme in 2009 and 2010 and the allocations for the county in 2011. [1499/11]

Frank Feighan

Ceist:

472 Deputy Frank Feighan asked the Minister for Transport the degree to which the rural transport schemes in County Roscommon will be affected by the reduction in overall national funding for the scheme in Budget 2011. [1500/11]

Frank Feighan

Ceist:

473 Deputy Frank Feighan asked the Minister for Transport the degree to which the rural transport schemes in County Leitrim will be affected by the reduction in overall national funding for the scheme in Budget 2011. [1501/11]

I propose to take Questions Nos. 468 to 473, inclusive, together.

Pobal administers the Rural Transport Programme (RTP) on behalf of my Department. I understand from Pobal that the average number of passengers per month for counties Roscommon and Leitrim in 2010 were 3,543 and 3,062 respectively. The RTP funding allocations for 2009 and 2010 for those counties were as follows: County Roscommon: 2009, €163,019; 2010, €202,408. County Leitrim: 2009, €231,269; 2010 €307,370.

It is understood from Pobal that preliminary allocations will be made to the RTP groups for the early part of 2011 to facilitate the maintenance of services pending the outcome of the current Value for Money and Policy Review of the RTP, the Report of which is nearing completion.

The RTP like many other expenditure areas, is not immune from the effects of the challenging economic position facing the country. However the impact for 2011 is confined to a reduction of some 3.6% on the 2010 allocation for the Programme. I have every confidence that the RTP funded community transport groups will rise to any resulting challenges.

Departmental Expenditure

Brian Hayes

Ceist:

474 Deputy Brian Hayes asked the Minister for Transport the cost to his Department from 2007 in respect of providing all computer, hardware and software, in his private and constituency office in tabular form; and if he will make a statement on the matter. [48164/10]

The costs for provision of hardware and software in my constituency offices from 2007-2010 are as follows:

Year

Hardware

Software

2007

7,200

3,860

2008

0

210

2009

1,405

178

2010

1,970

250

Minor travel costs have also been incurred in relation to support of these sites, which total less than €700 over the four year period.

Joan Burton

Ceist:

475 Deputy Joan Burton asked the Minister for Transport his views on reports that the State is to spend significant sums of money to fund civil roads projects in Northern Ireland; and if he will make a statement on the matter. [48177/10]

Under the agreement of March 2007 between the Irish and British Governments on a funding package to support the restored Northern Ireland Executive, the Irish Government made a commitment to provide funding of £400/€580 million in a roads investment package for Northern Ireland which will contribute to the upgrading of the A5 road from Aughnacloy to Derry/Londonderry to dual-carriageway status.

Cross-border investment initiatives such as the A5 and the recent restoration of the Knockaginny and Annaghroe on the Monaghan/Tyrone border help support economic development both in Northern Ireland and in the island as a whole.

In particular, the A5 project will facilitate access to the entire North West of the island to include Derry and Letterkenny. It is to the mutual benefit of both populations and will improve journey times, access to markets and safety all along the route. Tourism and trade will benefit from the enhanced connectivity and accessibility.

Joan Burton

Ceist:

476 Deputy Joan Burton asked the Minister for Transport if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48194/10]

The sum of money paid by my Department to the particular company in each of the last five years is set out in the table below.

Year

2006

2007

2008

2009

2010

Amount

€101,970.02

€67,979.98

€142,976.64

€65,721.17

€0

Departmental Websites

Liz McManus

Ceist:

477 Deputy Liz McManus asked the Minister for Transport the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48212/10]

Details of publicly facing websites provided by my Department, approximate annual costs and averaged amount of unique site visits per month can be found in the table below.

Website

Site Reference

Number of unique visits per month (approx)

Annual Cost(inc VAT)

Department of Transport

transport.ie

11,500 In December 2010 number was 133,000

€12,200 (This figure covers the first five sites)

Road Haulage

roadhaulage.ie

Not available

Air Accident Investigation Unit

aaiu.ie

Not available

Irish Coastguard

irishcoastguard.ie

Not available

Safety On the Water

safetyonthewater.ie

Not available

Online motor tax

motortax.ie

344,000

€300,000 (This figure covers four sites)

motarchain.ie

650

Change of vehicle ownership

motortrans.ie

35,000

End of Life Vehicle

motorelv.ie

500

Transport 21

transport21.ie

7,100

€774

Sustainable Transport

smartertravel.ie

1,182

€1,735

National Bike Week

bikeweek.ie

2,364

€13,049

In 2010 the motortax.ie site processed 2 million applications and collected over €438 million. This represents almost 43% of overall motor tax receipts

The figure for unique visits per month for transport.ie refers to January to October 2010. During the severe weather in November 2010 this figure was over 62,000 and in December 2010 climbed to just over 133,000.

In 2010 bikeweek.ie was upgraded to enable event organisers submit details of some 400 events directly to the site and allow management of the Bike Week Facebook page which has attracted over 1,200 followers.

Road Network

Joe McHugh

Ceist:

478 Deputy Joe McHugh asked the Minister for Transport further to Parliamentary Question No. 59 of 9 December 2010, the position regarding the €6m investment in dry storage facilities for de-icing salt; the location and form of these facilities; if he will make a full disclosure of the State’s existing dry storage salt facilities; and if he will make a statement on the matter. [48293/10]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. The allocation of funding for the construction, improvement and maintenance of the national roads network, including salt storage facilities, is a matter for the National Roads Authority (NRA) under Section 19 of the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Pat Breen

Ceist:

479 Deputy Pat Breen asked the Minister for Transport his plans to make additional funding available to the local authority in County Clare to repair road surfaces damaged during the recent bad weather; and if he will make a statement on the matter. [1112/11]

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 paid by my Department.

The amount of money provided in the 2011 Estimates for funding regional and local roads is €374.576 million and this year's allocation will be based on that amount.

I intend to announce the 2011 regional and local road grant allocations shortly.

Departmental Expenditure

Lucinda Creighton

Ceist:

480 Deputy Lucinda Creighton asked the Minister for Transport the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1182/11]

My Department spent €11,858 in 2007 and €23,939.24 in 2008 on opinion polling. There were no expenses incurred in 2009 and 2010.

Lucinda Creighton

Ceist:

481 Deputy Lucinda Creighton asked the Minister for Transport the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1197/11]

The provision of mobile phones by public bodies under my remit is an operational matter for the bodies in question.

Lucinda Creighton

Ceist:

482 Deputy Lucinda Creighton asked the Minister for Transport the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1212/11]

The number of mobile phones and costs of bills for the years in question are in the table below:

Year

No. of Phones

Cost

2006

306

318,842

2007

293

166,735

2008

337

154,940

2009

347

178,051

2010

322

111,062

The figure for 2006 includes costs for the Driver Testing function, which was transferred out of the Department on 1st September 2006.

The number of phones is estimated for each year as the number of mobile phone holders can fluctuate from month to month. The figure includes phones provided to the volunteers with the Irish Coast Guard. Cost figures include the current costs incurred for Blackberry's and mobile broadband.

Departmental Bodies

Lucinda Creighton

Ceist:

483 Deputy Lucinda Creighton asked the Minister for Transport the remuneration and expenses awarded to each board member of the Road Safety Authority in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1214/11]

The fees payable to Board members of the Road Safety Authority are determined by Government. The amounts paid for the years in question are published in the RSA Annual Accounts.

Lucinda Creighton

Ceist:

484 Deputy Lucinda Creighton asked the Minister for Transport the remuneration and expenses awarded to each board member of the Medical Bureau of Road Safety in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1215/11]

The fees payable to Board members of the Medical Bureau of Road Safety are determined by Government. The amounts paid for the years in question are published in the MBRS Annual Accounts.

Lucinda Creighton

Ceist:

485 Deputy Lucinda Creighton asked the Minister for Transport the remuneration and expenses awarded to each board member of the National Transport Authority in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1216/11]

The National Transport Authority (NTA) was established on 1 December, 2009. The fees payable to Board members of the NTA are determined by Government and will be published in their Annual Accounts.

Lucinda Creighton

Ceist:

486 Deputy Lucinda Creighton asked the Minister for Transport the remuneration and expenses awarded to each board member of the Railway Procurement Agency in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1217/11]

The fees payable to Board members of the Railway Procurement Agency are determined by Government and are published in their Annual Accounts.

Ambulance Service

Pat Breen

Ceist:

487 Deputy Pat Breen asked the Minister for Transport if he will report on discussions regarding an air ambulance service for the west Clare area; and if he will make a statement on the matter. [1248/11]

Discussions are taking place between the Coast Guard, the HSE and the Irish Aviation Authority regarding the possibility of an "aeromedical" trial being undertaken in the West Clare area, whereby Coast Guard helicopters might be deployed in certain life critical circumstances to assist the national HSE ambulance service. It is hoped that the trial might commence in mid-2011.

However, it is not intended that the Coast Guard will provide a normal full-time air ambulance service, known as a Helicopter Emergency Medical Service (HEMS). Under HEMS, dedicated helicopters are held on standby to deploy doctors or paramedics to treat or recover sick and injured people in response to emergency calls.

The Department maintains Search and Rescue (SAR) helicopters on permanent readiness at four bases for maritime emergency response, including two on the west coast in Shannon and Sligo. These helicopters are principally employed for marine emergencies but they are occasionally used for land based rescue tasks where other rescue agencies require assistance, as recently witnessed during the spell of severe weather, and in remote areas where the distance to hospital and a long ambulance journey would be a significant threat to a patient. However, the Coast Guard could not support a normal HEMS service with its SAR helicopters as this would reduce their availability for their primary task of providing helicopter marine emergency services on our coasts and waters.

This trial will be subject to a review by both the HSE and the Coast Guard to consider its effectiveness and value. It is envisaged at this time that the additional flying hours on the Shannon Coast Guard helicopter can be accommodated within this machine's current monthly training and operational flying allowance. If the West Clare trial is successful it is hoped to extend the service to other areas along the west coast.

Road Safety

Thomas P. Broughan

Ceist:

488 Deputy Thomas P. Broughan asked the Minister for Transport when the legislation to faciliate the mandatory testing of all drivers involved in a serious road collision will be implemented; and if he will make a statement on the matter. [1301/11]

The Road Traffic Act 2010 provides for the introduction of mandatory breath testing of drivers by An Garda Síochána in certain circumstances, including where a Garda attends at the scene of a collision where injury has been caused.

Because of the inter-relationship between the section of the 2010 Act that introduces mandatory breath testing and other drink driving related sections of the Act, it will not be possible to commence this section until new apparatus to measure the reduced levels of blood alcohol concentration are in place. I understand that the new apparatus will not be available for use before September 2011.

However, I intend to implement the policy of mandatory breath testing, as envisaged in the 2010 Act, without delay. In order to bring forward the initiative, I have decided to amend existing legislation in advance of the commencement of the relevant provisions of the 2010 Act. Accordingly, a new Bill that was published yesterday will make a requirement of drivers in certain circumstances to undertake a preliminary breath test. These circumstances will relate to drivers who, in the opinion of the Gardaí, have consumed alcohol and will relate to drivers who are involved in collisions where injury is caused.

Airport Development Projects

Pat Breen

Ceist:

489 Deputy Pat Breen asked the Minister for Transport further to Parliamentary Question No. 166 of 4 November 2010, if he will report on the status of a project (details supplied); and if he will make a statement on the matter. [1456/11]

The position is that the Dublin Airport Authority is still in active discussions with the Lynx group regarding this proposal and that meetings are taking place on an ongoing basis.

Legal Services

Alan Shatter

Ceist:

490 Deputy Alan Shatter asked the Minister for Transport in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1629/11]

The information requested by the Deputy is being compiled and will be forwarded shortly.

Legal Proceedings

Alan Shatter

Ceist:

491 Deputy Alan Shatter asked the Minister for Transport in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s Office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1644/11]

The information requested by the Deputy is being compiled and will be forwarded shortly.

Legal Services

Alan Shatter

Ceist:

492 Deputy Alan Shatter asked the Minister for Transport with regard to legal services used by his Department, any Body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitors firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1659/11]

The information requested by the Deputy is being compiled and will be forwarded shortly.

Air Services

Jimmy Deenihan

Ceist:

493 Deputy Jimmy Deenihan asked the Minister for Transport if he has sought an alternative airline company to operate the public service obligation between Kerry and Dublin airports; if this company will restart the PSO contract in the near future; and if he will make a statement on the matter. [1676/11]

Jimmy Deenihan

Ceist:

494 Deputy Jimmy Deenihan asked the Minister for Transport if he has considered the report on the future operation of public service obligation for the regional airports; if a decision has been reached on which PSOs will continue to operate after 21 July 2011; and if he will make a statement on the matter. [1677/11]

I propose to take Questions Nos. 493 and 494 together.

Following the termination of Ryanair's contract to operate the Kerry Dublin PSO air service, my Department contacted the next highest ranking tenderer for the service and, in accordance with Paragraph 8 of the original invitation to tender for the service, asked them to consider whether they were in a position to provide the service for the remainder of the concession period, subject to the same conditions and level of compensation applying under the Ryanair contract. The tenderer in question, having considered the matter, informed the Department that they were not in a position to accept the PSO contract on this basis. All the current Public Service Obligation (PSO) contracts for services linking Dublin Airport with the regional airports at Derry, Donegal, Sligo, Ireland West Airport Knock, Galway and Kerry Airports commenced on 22 July 2008 and are due to expire on 21 July 2011.

The Value for Money (VFM) Review of Exchequer Expenditure on the regional airports programme has been considered by Government and was published today. Having considered the conclusions and recommendations of the Review, the Government has agreed to support the continuation of a Public Service Obligation (PSO) route between Donegal and Dublin and between Kerry and Dublin. Arrangements are being put in place for a tender competition in respect of these two routes. In line with the Review, the Government has also agreed to cease requiring PSO routes between Dublin and Sligo, Knock, Galway and Derry, from July 2011 recognising, inter alia, the improvements in alternative transport modes by rail and road which have taken place particularly with Government investment under Transport 21 in recent years.

It must also be borne in mind that there are many demands on the Department of Transport's Vote and trying to maintain a level of expenditure on the Regional Airports Programme which is no longer justified or sustainable would impact negatively on other areas such as public transport provision and/or road maintenance. I envisage that implementation of the recommendations of the Value for Money Review will result in the appropriate use of scarce Exchequer resources in a more focused way to secure an adequate network of regional airports serving the Irish public, both in terms of business and tourism. Where a PSO route is being terminated from mid July 2011, the route will be open to commercial air services from that date.

Overall, I believe that the combination of an improved surface transport network together with a more consolidated air service network to regional airports, along with the State Airports at Cork, Shannon and Dublin, provides the necessary transport access to underpin Ireland's sustainable development.

Pension Provisions

Lucinda Creighton

Ceist:

495 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform following the budget cuts to the pensions of civil servants, if a person (details supplied) who is on the early retirement scheme will now be exempt from the condition which states that they are not permitted to work for a specified number of years. [48314/10]

The person in question retired from my Department on 31 March 2009 under the Cost Neutral Early Retirement Scheme. Under the terms of this Scheme, there is no condition preventing an individual returning to work. Any re-employment in the public service must be through normal recruitment/selection procedures and would be subject to the relevant superannuation scheme and pension abatement rules.

Citizenship Applications

James Bannon

Ceist:

496 Deputy James Bannon asked the Minister for Justice and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [48559/10]

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 March 2008 and I decided in my absolute discretion not to grant a certificate of naturalisation, based on all of the information available to me. The person concerned was informed of this decision in a letter issued to her on 8 September, 2010. There is no appeals process under the Irish Nationality and Citizenship Act 1956, as amended, however it is open to the person in question to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department at any time.

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.

Crime Prevention

Paul Nicholas Gogarty

Ceist:

497 Deputy Paul Gogarty asked the Minister for Justice and Law Reform the measures that are in place to regulate the increasing number of cash for gold outlets that have been set up in recent months in view of the fact that thefts of gold and jewellery from domestic homes are increasing and that such unregulated enterprises act as an incentive to such unscrupulous activity; and if he will make a statement on the matter. [1091/11]

Róisín Shortall

Ceist:

502 Deputy Róisín Shortall asked the Minister for Justice and Law Reform if the cash for gold industry is supervised and regulated by the Financial Regulator and if not, his plans to introduce measures to regulate this industry. [48115/10]

Darragh O'Brien

Ceist:

514 Deputy Darragh O’Brien asked the Minister for Justice and Law Reform his plans to regulate the cash for gold shops which have opened in the past two years; his view of whether the establishment of these shops attributes to the increase in theft and robbery of jewellery; and if he will make a statement on the matter. [48313/10]

Chris Andrews

Ceist:

572 Deputy Chris Andrews asked the Minister for Justice and Law Reform if he will provide details of the regulations governing the so called cash for gold outlets; if proof of ownership is necessary when selling gold to these outlets; if his attention has been drawn to reports that the proliferation of these outlets is encouraging a rise in burglaries targeting jewellery; and if he will make a statement on the matter. [1072/11]

I propose to take Questions Nos. 497, 502, 514 and 572 together.

The Deputy will be aware that there has been a significant increase in the number of outlets offering to buy gold for cash in towns and cities in the State. The prevalence of this trade would appear to be linked to the high price that gold now commands on international markets, and the ‘cash for gold' concept would appear to be an international phenomenon. I am aware that the trade gives rise to concerns reported in communities about crime that may be linked to the cash for gold trade. I understand that this trade is not supervised or regulated by the Central Bank, or any other regulator in the State.

The informal purchase of jewellery is not specifically regulated in criminal legislation; however the circumstances under which jewellery is being bought and/or sold may indicate the commission of certain offences, for example handling stolen property and / or possession of stolen property under sections 17 and 18 of the Criminal Justice (Theft and Fraud Offences) Act, 2001. An Garda Síochána enforce the provisions of the criminal law in respect of theft and robbery including the theft and robbery of jewellery and gold. Should members of the public have suspicions that goods being sold or traded may be stolen, the correct action is for these suspicions to be referred to An Garda Síochána for investigation.

To take account of concerns about the matter, my Department recently asked the Commissioner of An Garda Síochána to ascertain his view as to the extent, if any, that criminal offences are being committed in the procurement and receipt of gold and similar items in transactions carried out at the cash for gold locations. In particular the Commissioner has been requested to examine whether the trade may be linked generally or in particular areas to burglary offences; whether Criminal Justice legislation, and in particular, the Criminal Justice (Theft and Fraud Offences) Act 2001 is adequate in the context of cash for gold transactions; whether criminal elements involved in organised crime or otherwise may be connected with the operation and ownership of the cash for gold outlets; and whether any new legislative provision may be required to address criminality in respect of cash for gold transactions.

I can inform the Deputy that my Department has now received the Commissioner's report in the matter. While the Commissioner's report is under consideration, he has indicated that there has been an overall decrease both in the number of burglaries recorded in the years 2005 to 2010 and in the number of burglaries recorded involving jewellery/trophies and antique gold in the same period. He is also of the view that the relevant provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 are adequate. I might also add that the Commissioner has indicated that a significant number of the premises in question have been visited by Gardaí and the responsibilities of the owners in respect of purchases of the relevant items under the criminal law has been brought to their attention.

I can assure the Deputy that as soon as the Commissioner's report has been given full consideration by my Department, I will make an assessment as to what if any action, legislative or otherwise may be required.

Garda Recruitment

Pat Rabbitte

Ceist:

498 Deputy Pat Rabbitte asked the Minister for Justice and Law Reform in relation to the Garda Síochána Training and Development Review Group Report 2009, his plans to implement new guidelines in relation to the recruitment of gardaí with specific reference to the 140 CAO points requirement; and if he will make a statement on the matter. [48095/10]

I am reviewing the current entry requirements into An Garda Síochána in consultation with the Commissioner. This review will of course take into account the recommendations of the Report referred to by the Deputy.

Firearms Licences

Alan Shatter

Ceist:

499 Deputy Alan Shatter asked the Minister for Justice and Law Reform the number of judicial reviews currently before the High Court arising out of a refusal to grant firearms licences; his plans to undertake a review of existing firearms legislation or to issue further guidance to the Garda Commissioner regarding the licensing of firearms; and if he will make a statement on the matter. [48108/10]

I can inform the Deputy that in the region of 175 judicial reviews have been lodged arising from refusals to grant firearms licences by designated persons within An Garda Síochána. As the matter is currently before the Courts, I cannot comment in any substantive way but I understand that a small number of representative test cases will be heard.

As the Deputy will appreciate firearms licensing is an operational matter for An Garda Síochána. Each application is judged on its own merits and the decision on whether, or not, to grant a firearm certificate rests solely with the issuing person. The decision of the issuing person cannot be fettered in any way and I have no role in the matter. Finally, as of now, there are no plans to review the existing firearms legislation.

Garda Remuneration

Alan Shatter

Ceist:

500 Deputy Alan Shatter asked the Minister for Justice and Law Reform if he will provide details on the range of allowances paid to members of An Garda Síochána; the amount paid to members of An Garda Síochána in allowances in 2005, 2006, 2007, 2008, 2009 and 2010 and a breakdown of the cost of each allowance to the State for the year 2009. [48109/10]

The information sought by the Deputy is currently being collated by the Garda authorities and I will write to the Deputy directly when this information is to hand.

Garda Training

Alan Shatter

Ceist:

501 Deputy Alan Shatter asked the Minister for Justice and Law Reform if he will provide details on the new Garda training programme being developed by the Garda College, including details on the curriculum and the duration of the training programme including the duration of any probation period or any work practice period. [48110/10]

The new B.A. Programme (Applied Policing) currently being developed is a 104 week (2 year) degree level programme which will be accredited by H.E.T.A.C. The 104 week training and education programme will be followed by a 12 month probationary period. The programme is consistent with the recommendations set out in the Training and Development Review Group Report which is available on the Reviews, Inspections and Evaluations section of the the Publications page of the Garda website at www.garda.ie.

Question No. 502 answered with Question No. 497.

Asylum Support Services

Billy Timmins

Ceist:

503 Deputy Billy Timmins asked the Minister for Justice and Law Reform the position regarding asylum seekers (details supplied); and if he will make a statement on the matter. [48123/10]

Billy Timmins

Ceist:

504 Deputy Billy Timmins asked the Minister for Justice and Law Reform the position regarding immigrants (details supplied); and if he will make a statement on the matter. [48124/10]

I propose to take Questions Nos. 503 and 504 together.

My Department has established a comprehensive system for the provision of the broad range of immigration services. The Irish Naturalisation and Immigration Service (INIS) was established in 2005 and together with the Garda National Immigration Bureau administers the immigration service on behalf of the State. Other offices within my Department such as the Anti-Human Trafficking Unit, COSC and the Victims of Crime Unit, while not exclusively dealing with immigrants, also develop policies and strategies and work closely with the Garda Síochána to assist certain immigrant sectors and individuals.

In relation to the framework established for considering asylum claims, in accordance with the provisions of the Refugee Act, 1996 (as amended), two statutory independent refugee status determination bodies, namely the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, were established with effect from 20 November 2000, to examine at first instance and where appropriate, on appeal, applications for asylum in the State.

Over the period in question the total funding allocation for running the Irish Naturalisation and Immigration Service (INIS), which includes the delivery of services across the asylum, immigration, naturalisation and visa areas, has ranged from approximately €10m to approximately €64m with the 2010 allocation set at approximately €59m. The amounts allocated to my Department in respect of ORAC and RAT are included in the total allocation for running the Irish Naturalisation and Immigration Service.

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. RIA was established on 2 April 2001, with the merger of the Directorate for Asylum Support Services and the former Refugee Agency of the Department of Foreign Affairs. Over the period in question, the amount allocated to my Department for the accommodation of asylum seekers has ranged from approximately €70m to approximately €90m with the 2010 allocation set at approximately €77m. I should point out that RIA only took over responsibility for asylum seeker accommodation from the Department of Environment, Heritage and Local Government in 2003.

The Refugee Legal Service (RLS) is responsible for the provision of confidential and independent legal services to persons applying for asylum in Ireland. The RLS was established by the Legal Aid Board as a specialised office in February 1999. Over the period in question, the amount allocated to my Department in respect of the RLS has ranged from approximately €1.3m to approximately €10m with the 2010 allocation set at approximately €8m.

The information requested by the Deputy in relation to the number of asylum applications received in the period 2000-2010 is set out in Table 1 below. In circumstances where non-nationals (excluding EEA Nationals) enter the State and remain for a period longer than ninety days, he/she is obliged, pursuant to the provisions of section 9 of Immigration Act, 2004, to present to a registration officer for the purpose of being placed on a register of non-nationals who are resident in the State. The number of non-nationals who were on the register at the end of year of the years 2000 to 2010 is set-out in Table 2 below:

Table 1 : Asylum Applications Received 2000-2010

Year

Applications Received

2000

10,938

2001

10,325

2002

11,634

2003

7,900

2004

4,766

2005

4,323

2006

4,314

2007

3,985

2008

3,866

2009

2,689

2010

1,939

Table 2: Number of Registrations at year end 2000-2010

Year end

Number of Registrations

2000

26,644

2001

56,510

2002

93,546

2003

127,956

2004

133,957

2005

135,258

2006

144,090

2007

155,253

2008

164,344

2009

166,387

2010

162,398

Garda Recruitment

Charles Flanagan

Ceist:

505 Deputy Charles Flanagan asked the Minister for Justice and Law Reform the position regarding Garda recruitment and the position in respect of existing panels; and if he will make a statement on the matter. [48141/10]

I am informed by the Garda authorities that there are currently 410 Garda applicants who have successfully completed stages 1 and 2 of the application process. Of these there are a total of 164 applicants who have completed all stages of the application process for entry to the Garda College. The remaining candidates are being processed through background screening, medical examination and physical competency tests.

The National Recovery Plan 2011- 2014 provides for a reduction in the number of members of An Garda Síochána to 13,000 by the end of 2014. This reduction, and the rate at which it is achieved through retirements, will be taken into account in determining when recruitment will re-commence.

Prison Staff

Charles Flanagan

Ceist:

506 Deputy Charles Flanagan asked the Minister for Justice and Law Reform the position regarding prison officer recruitment and the position in respect of existing panels; and if he will make a statement on the matter. [48142/10]

The Deputy will be aware that in accordance with Government Decision of 3 February and 24 March 2009 on the implementation of savings measures on public service numbers, more generally referred to as the moratorium on public sector recruitment, filling of vacancies in the Irish Prison Service is subject to the approval of the Minister for Finance.

I am pleased to advise the Deputy that sanction has been granted by the Minister for Finance to recruit an additional 80 recruit prison officers, from the existing recruitment panel, to meet the immediate needs of the prison service. It is envisaged that the new recruits will begin training this month. I can further advise the Deputy that to date 480 candidates have been called to interview from the 2008 recruitment panel. Due to the moratorium, I am not in a position to advise if any further candidates will be called from this panel.

Departmental Expenditure

Brian Hayes

Ceist:

507 Deputy Brian Hayes asked the Minister for Justice and Law Reform the cost to his Department from 2007 in respect of providing all computer hardware and software, in his private and constituency office, in tabular form; and if he will make a statement on the matter. [48160/10]

All Ministers are provided with the standard Departmental suite of ICT equipment. In addition some Ministers have been provided with PCs and associated IT equipment for their constituency offices. This is long established practice and is covered by Oireachtas guidelines.

My Department's records indicate that the cost of providing all computer hardware and software in the offices were Nil in 2007 and approximately €2,200 in 2008, €1,800 in 2009 and €1,000 in 2010.

Residency Permits

James Bannon

Ceist:

508 Deputy James Bannon asked the Minister for Justice and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [48169/10]

The person concerned has had his leave to remain in the State renewed for a further three year period, to 22nd November, 2013. This decision was conveyed in writing to the person concerned by letter dated 7th December, 2010.

Departmental Expenditure

Joan Burton

Ceist:

509 Deputy Joan Burton asked the Minister for Justice and Law Reform if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48190/10]

I can inform the Deputy, that following a review of the Department's centralised payment system, there does not appear to have been any payment made to the company in question over the last 5 year period from Vote 19, Office of the Minister for Justice and Law Reform.

Departmental Bodies

Liz McManus

Ceist:

510 Deputy Liz McManus asked the Minister for Justice and Law Reform if a bonus was paid to any of the management in the Legal Aid Board in 2010; if there are plans for a bonus to be paid in 2011; the amount of bonus paid per manager; the total amount paid; if he will provide documentary evidence of the bonus paid or unpaid; and if he will make a statement on the matter. [48196/10]

The question of the payment of bonuses in the Legal Aid Board is a matter for the Board, which is statutorily independent of my Department.

I am advised that as the high level scheme of performance-related awards that applied to senior civil servants and Chief Executives of non-commercial State bodies such as the Legal Aid Board has been discontinued, no bonuses have been paid by the Legal Aid Board under this scheme in 2010 nor will any be paid in 2011. I understand, however, that ex-gratia payments were recently made to two officers in the Legal Aid Board, amounting to €6,000 and €3,000 respectively. In both cases, the awards related to the explicit assignment of additional duties and workload. In the first case, the officer concerned developed a new legal case management system that will greatly enhance the efficiency and effectiveness of the Board. Much of the work was completed in the officer's own time and without any outside consultancy support. In the second case, the officer was given responsibility for driving forward new service delivery initiatives, which freed up senior management to focus on the transfer of Criminal Legal Aid cases to the Board.

I am assured by the Board that the making of these awards was exceptional and that the value to the Board of the additional work undertaken by the officers concerned, is a multiple of the cost of the awards.

Departmental Websites

Liz McManus

Ceist:

511 Deputy Liz McManus asked the Minister for Justice and Law Reform the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48208/10]

My Department provides centralised support for 23 websites — related to the work of the department and some bodies under its remit — developed under its IT Shared Service model. Details of visits are not recorded for all sites but figures recorded in 2010 indicate that there was an average of 38,534 unique visits per month to my Department's main site (www.justice.ie) and that there was an average of 47,803 unique visits per month to the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

Hosting and related charges for these sites in 2010 came to €13,025. Other costs, such as staff time spent maintaining the site content which forms part of the day to day work of the Department, are not separately accounted for.

Websites are an essential communications tool for any modern organisation in providing essential customer services. As part of the Shared Service model, websites are developed and maintained based on reusable templates. This approach has led to a reduction in the cost and effort of setting up and supporting websites.

Garda Operations

Finian McGrath

Ceist:

512 Deputy Finian McGrath asked the Minister for Justice and Law Reform the position regarding vandalism to a vehicle (details supplied). [48271/10]

I am informed by the Garda authorities that the area referred to is within Clontarf Garda Sub-District. Local Garda management is aware of the incident referred to by the Deputy, and its investigation is ongoing. The person referred to was contacted immediately the Gardaí became aware of the incident, advised of the progress of the investigation and provided with contact details should he require any further update. Victim support information was also given to the person. Further attempts to make direct contact with the person have been unsuccessful. However, local Garda management is available if the person wishes to make contact.

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. 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. One member of the local Community Policing Unit is specifically assigned to the area referred to and regularly meets local residents to help address their concerns.

Garda Vetting

Enda Kenny

Ceist:

513 Deputy Enda Kenny asked the Minister for Justice and Law Reform if a voluntary organisation (details supplied) in County Mayo will be entitled to garda vetting for their staff and volunteers; if his attention has been drawn to the fact that the organisation applied to be considered for Garda vetting in late 2008 but was refused; the reason the matter has continued for this period despite assurances that it would be revisited as soon as possible; and if he will make a statement on the matter. [48301/10]

The Garda Central Vetting Unit (GCVU) provides employment vetting to organisations in Ireland registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults.

The employment vetting service provided by the Gardaí has been expanded greatly in recent years as part of a phased programme to roll-out the service to an increasing number of organisations. Within this programme the vetting service has now been extended to over 18,000 organisations. The GCVU has managed a substantial increase over that period in the numbers of vetting applications it receives, from around 188,000 in 2007 to almost 325,000 in 2010.

Given the large number and wide range of client organisations, the registration process is managed through umbrella organisations which provide single points of contact. This ensures more effective co-ordination and improved quality control in the various sectors and a more efficient use of resources in the vetting process.

I am informed by the Garda authorities that the organisation to which the Deputy refers was advised that it was not possible to extend the Garda Vetting service to them at that time. However, the objective of the GCVU is to register all relevant organisations and to extend the Garda Vetting service to them. The phased roll out of registration is continuing apace but I cannot say precisely when any particular organisation will be registered.

Question No. 514 answered with Question No. 497.

Visa Applications

Billy Timmins

Ceist:

515 Deputy Billy Timmins asked the Minister for Justice and Law Reform the position regarding a visa application in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [48325/10]

I can advise the Deputy that the visa application referred to is currently being considered by a Visa Officer. A decision on the case will issue in due course.

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.

Citizenship Applications

Chris Andrews

Ceist:

516 Deputy Chris Andrews asked the Minister for Justice and Law Reform the position regarding an application for citizenship in respect of a person (details supplied). [48326/10]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in May 2010.

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The person concerned did not fulfil all of the statutory conditions, consequently, the Citizenship Division of my Department have deemed the application ineligible. The person in question was informed of this decision in a letter issued on 12 May, 2010.

It is open to the person concerned to lodge a new application for a certificate of naturalisation if and when he is in a position to meet the statutory requirements.

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:

517 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 Dublin 2; and if he will make a statement on the matter. [48470/10]

I refer the Deputy to the Reply given to his Parliamentary Question No. 1108 Wednesday, 25 September 2010 and Parliamentary Question No. 147 Thursday, 25th November 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.

Bernard J. Durkan

Ceist:

518 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 Kildare; and if he will make a statement on the matter. [48471/10]

Bernard J. Durkan

Ceist:

542 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 Kildare; and if he will make a statement on the matter. [48496/10]

I propose to take Questions Nos. 518 and 542 together.

I refer the Deputy to the Reply given to his Parliamentary Question No. 218 on 2 December 2009 and to his Parliamentary Question No. 168 on Wednesday, 3 November 2010. The status of the person concerned is as set out in that Reply.

The Deputy might wish to note that the person concerned is the subject of a Deportation Order, is evading deportation, and is therefore illegally present in the State. Should she come to the notice of the Gardaí, she would be liable to arrest and detention. The person concerned should, therefore, present herself to the GNIB without any further delay.

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:

519 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will consider extending residency in respect of a person (details supplied) in County Meath in view of the fact that their spouse has residency status here since 2001; and if he will make a statement on the matter. [48472/10]

The person concerned is the subject of a Deportation Order, made following the consideration of her case under Section 3 of the Immigration Act 1999 (as amended). This Order was served on the person concerned by registered post dated 25 November 2010. This placed a legal obligation on her to "present" at the Offices of the Garda National Immigration Bureau (GNIB) in order that arrangements could be made for her deportation from the State.

The person concerned failed to "present" as required and is therefore classified as a person evading deportation. As a person evading deportation, the person concerned is liable to arrest and detention for the purposes of effecting her deportation from the State. Against this background, the person concerned should, therefore, present herself to the GNIB without further delay.

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.

Deportation Orders

Bernard J. Durkan

Ceist:

520 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if a review of an application for residency can be undertaken in view of the deportation order issued in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [48473/10]

Bernard J. Durkan

Ceist:

524 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if a review of an application for residency can be undertaken in view of a deportation order issued in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [48477/10]

I propose to take Questions Nos. 520 and 524 together.

The person concerned arrived in the State on the 30 November 2008 and applied for asylum on the 1 December 2008. The Refugee Applications Commissioner refused her a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. A Deportation Order was made in respect of her on the 21 September 2010.

The person concerned instituted Judicial Review proceedings on the 14 December 2010 challenging the Deportation Order made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further.

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 PQ process.

Work Permits

Bernard J. Durkan

Ceist:

521 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if a person (details supplied) in County Kildare requires a work permit in order to obtain employment; the current position in relation to residency; and if he will make a statement on the matter. [48474/10]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy does not meet the qualifying criteria for Long term residency which would exempt him from work permit requirements. The person in question was informed through his solicitor on 3 November 2010 that he will require a work permit to enable him to work in the State.

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:

522 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 Kildare; and if he will make a statement on the matter. [48475/10]

Bernard J. Durkan

Ceist:

536 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the current or expected position regarding residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48489/10]

I propose to take Questions Nos. 522 and 536 together.

The person concerned has been granted Leave to Remain in the State for a two year period, to 30th November, 2012. This decision was conveyed in writing to the person concerned by letter dated 29th November, 2010. This letter was returned to my Department marked "gone away". The person concerned would appear to have changed address without notifying my Department. The person should now contact my Department in writing providing an up-to-date address.

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:

523 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 Dublin 7; and if he will make a statement on the matter. [48476/10]

I refer the Deputy to my reply to Parliamentary Question No. 197 of 7 December 2010. The position is as stated. A decision regarding the granting, or otherwise, of future permission to remain in the State to the person concerned will be made by my Department in due course.

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.

Question No. 524 answered with Question No. 520.

Deportation Orders

Bernard J. Durkan

Ceist:

525 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress made to date in the determination of residency in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [48478/10]

The persons concerned, a husband and wife, have no current permission to remain in the State. As a result, they were informed, by separate letters dated 18th 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. Representations have been submitted on behalf of the persons concerned.

The position in the State of the persons concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions 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.

Residency Permits

Bernard J. Durkan

Ceist:

526 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an asylum application and residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [48479/10]

Bernard J. Durkan

Ceist:

571 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 Limerick; and if he will make a statement on the matter. [1043/11]

I propose to take Questions Nos. 526 and 571 together.

The person concerned has been granted Leave to Remain in the State for a two year period, to 5 January 2013. This decision was conveyed in writing to the person concerned by letter dated 5 January 2011.

Bernard J. Durkan

Ceist:

527 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform when Stamp 3 will be renewed in the case of a person (details supplied) in Dublin 15 who has a promise of employment which they are anxious to take up; and if he will make a statement on the matter. [48480/10]

The person referred to by the Deputy was granted Long Term Residency on the 8 March 2010 for 5 years as a dependant. This permission does not allow the person concerned to work without a work permit.

If it is the case that the person in question wishes to work in the State, a prospective employer must first obtain a work permit for her from the Department of Enterprise, Trade and Innovation.

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.

Bernard J. Durkan

Ceist:

528 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the reason approval by letter dated November 2010 has not been honoured in the case of a person (details supplied) in Dublin 15; when they will receive permission to remain; and if he will make a statement on the matter. [48481/10]

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy applied for a change of Status and was granted a Stamp 2 Student stamp in November 2010. I am further informed that the person then presented to the Garda National Immigration Bureau (GNIB) to register, but on further examination of the documentation it was discovered that the course being pursued by the person is not listed on the register of programmes approved by the Minister for Education and Science for purposes of access to employment. Therefore registration on Stamp 2 was refused. The person was informed of the reason and was advised to write to the Irish Naturalisation and Immigration Service (INIS) so that her application could be reviewed. No correspondence has yet been received.

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.

Deportation Orders

Bernard J. Durkan

Ceist:

529 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for leave to remain here in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [48482/10]

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 7th October, 2004, 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.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any 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:

530 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 Dublin 6; and if he will make a statement on the matter. [48483/10]

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 19th May, 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in 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 and this application will be considered first. 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.

Residency Permits

Bernard J. Durkan

Ceist:

531 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 Wicklow; and if he will make a statement on the matter. [48484/10]

Bernard J. Durkan

Ceist:

537 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress made to date in the determination of residency in the case of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [48490/10]

I propose to take Questions Nos. 531 and 537 together.

The Spouse of Irish National Unit of the Irish Naturalisation and Immigration Service (INIS) informs me that correspondence was recently received from the person in question and it is expected that a decision will be reached shortly in relation to his application for residency in the State on the basis of his marriage to an Irish national.

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.

Deportation Orders

Bernard J. Durkan

Ceist:

532 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 Waterford; and if he will make a statement on the matter. [48485/10]

Arising from the refusal of her application for asylum, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18 September 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. She was also 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 and this application will be considered first. 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.

Residency Permits

Bernard J. Durkan

Ceist:

533 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 Carlow; and if he will make a statement on the matter. [48486/10]

I wish to inform the Deputy that the person concerned is the sibling of an Irish born child of non-EEA parents that was born in the State prior to 1 January, 2005. The person concerned was granted permission to remain in the State in her own right on 15 February 2008 for an initial 12 month period. I am informed that this permission has been renewed and is currently valid until 11 February 2011. In light of her current circumstances, I would advise that the person concerned contact her local Immigration Officer for a further renewal of her permission.

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.

Deportation Orders

Bernard J. Durkan

Ceist:

534 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform when a decision will be made in respect of residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [48487/10]

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 24th August, 2010, 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.

Having due regard to the high volume of cases awaiting processing, the Deputy can be assured that the case will be processed to completion as soon as possible.

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:

535 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform when Stamp 4 will be updated and or renewed in the case of a person (details supplied) in Dublin 15, the delay in respect of which is causing serious hardship; and if he will make a statement on the matter. [48488/10]

I wish to inform the Deputy that the person concerned was granted permission to remain in the State in 2001 under the arrangements then in place for the non-EEA parents of Irish born children. This permission was renewed on a regular basis up to 17 June 2010. However, I am informed that the Garda National Immigration Bureau refused further renewal of his permission to remain when it came to light that the person concerned was no longer living with his Irish born child. Following the receipt of correspondence from him, my Department requested documentation from the person concerned to establish his family situation in December 2010. To date the person concerned has not responded to this request and I would advise that he do so as soon as possible, given that he is currently in the State without permission.

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.

Question No. 536 answered with Question No. 522.
Question No. 537 answered with Question No. 531.

Bernard J. Durkan

Ceist:

538 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress made to date in the determination of residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [48491/10]

As the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to provide the information sought at this time. However, information on the particular case the Deputy is referring to will be provided once my Department has received the correct name and reference number.

In that context 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 Applications

Bernard J. Durkan

Ceist:

539 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress made to date in the determination of residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [48492/10]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 140 of Thursday, 25th November, 2010, in this matter. 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.

Deportation Orders

Bernard J. Durkan

Ceist:

540 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will review the case of a person (details supplied) in Dublin 8 with particular reference to danger to their safety and well-being if returned to their homeland; and if he will make a statement on the matter. [48493/10]

The persons referred to by the Deputy are a mother and her young child. While only the mother is named in the Deputy's Question, it is being assumed that as both reference numbers are provided, he is seeking information on both cases.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 8th September, 2010, that the Minister proposed to make Deportation Orders in respect of them. They were each 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, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted applications for Subsidiary Protection and, following consideration of these applications, it was determined that the persons concerned were not eligible for Subsidiary Protection. The persons concerned were notified of these decisions by separate letters dated 6th December, 2010.

The cases of the persons concerned were then examined under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement and all representations received were considered before decisions were arrived at in their cases. On 9th December, 2010, Deportation Orders were signed in respect of the persons concerned. These Orders were served by registered post dated 15th December, 2010. These communications advised the persons concerned of the legal requirement that they "present" at the Offices of the Garda National Immigration Bureau (GNIB) on 6th January, 2011 in order to make arrangements for their deportation from the State. Further representations were received on behalf of the persons concerned on that date. These representations will now be considered as applications under Section 3(11) of the Immigration Act 1999 (as amended) to have the Deportation Orders revoked. When decisions have been taken on these applications, the persons concerned will be notified in writing of the decisions and of the consequences of the decisions. In the meantime, the persons concerned are required to adhere to any residency or reporting requirements placed on them by 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.

Residency Permits

Bernard J. Durkan

Ceist:

541 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform when stamp 4 will be renewed in the case of a person (details supplied) in County Kildare in view of the fact that they have received confirmation of impending approval; and if he will make a statement on the matter. [48495/10]

I wish to inform the Deputy that the person concerned was granted permission to remain in the State 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. I am informed that this permission was renewed in 2007 and expired on 5 October 2010. However, I am further informed that when the person concerned presented for renewal at her local Immigration Office on 20 November 2010, her registration was not processed. A report on this matter will be forwarded by the Garda National Immigration Bureau to the Irish Born Child unit of the Irish Naturalisation and Immigration Service shortly and on receipt of same, the case file of the person will be considered and she will be contacted directly regarding her future status 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.

Question No. 542 answered with Question No. 518.

Deportation Orders

Bernard J. Durkan

Ceist:

543 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 Dublin 2; and if he will make a statement on the matter. [48497/10]

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 13th February, 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

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

In the event that the Subsidiary Protection application is refused, the 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. When this overall consideration has been completed, 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:

544 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 Kerry; and if he will make a statement on the matter. [48498/10]

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 7th October, 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his 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.

Residency Permits

Bernard J. Durkan

Ceist:

545 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [48499/10]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made an application for Family Reunification in August 2009. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996.

The investigation has been completed and the Commissioner has forwarded a report to INIS. The application will be considered by INIS and a decision will issue in due course.

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.

Deportation Orders

Bernard J. Durkan

Ceist:

546 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the grounds on which a motoring offence is considered sufficient grounds for deportation in the case of a person (details supplied) in County Kildare who has legally worked in this jurisdiction for the past eight years; if such a decision is in accord with national and EU agreements; and if he will make a statement on the matter. [48500/10]

The Deputy might wish to note that the motoring offence in question was that of drunken driving which, upon conviction at District Court level, gave rise to a financial penalty and a three year disqualification from driving.

In relation to the immigration status of the person concerned, he had worked in this State for a number of years on foot of employment permits, the last of which lapsed on 24th February 2009. His application for Long Term Residency, made on 7th March, 2008, was refused, a decision conveyed in writing to him by letter dated 9th September, 2009.

Arising from the refusal of his Long Term Residency application, and given that the person concerned had no other valid basis to remain in the State, he was notified, by letter dated 18th May, 2010, of the proposal to make a Deportation Order in respect of him, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended). 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 have been submitted on behalf of the person concerned and these representations will be fully 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, before a final decision is taken.

In assessing any such case, my Department must have regard for the following factors which are set out in Section 3(6) of the Immigration Act, 1999 (as amended):

(a) the age of the person,

(b) the duration of residence in the State of the person,

(c) the family and domestic circumstances of the person,

(d) the nature of the person's connection with the State, if any,

(e) the employment (including self-employment) record of the person,

(f) the employment (including self-employment) prospects of the person,

(g) the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions),

(h) humanitarian considerations,

(i) any representations duly made by or on behalf of the person,

(j) the common good and

(k) considerations of national security and public policy.

Consideration must also be given to the relevant person's rights to private and family life as provided for under Article 8 of the European Convention on Human Rights.

When this overall consideration has been completed, the case is submitted 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 primary legislation in this area is the Immigration Act 1999 (as amended). However, as outlined above, due regard must also be given to a person's rights vis a vis the European Convention on Human Rights.

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

M. J. Nolan

Ceist:

547 Deputy M. J. Nolan asked the Minister for Justice and Law Reform when a decision on an application to remain here will issue in respect of persons (details supplied) in County Carlow. [48520/10]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the persons referred to by the Deputy made an application for permission to remain in the State in March 2009. A letter refusing permission to remain was issued on 13 May 2009 and the applicants were requested to leave the State and provide evidence of their departure by 3 June 2009.

On 30 November 2009 an intention to deport letter was issued to the second named person and this was duly acknowledged by her legal advisor. Arising from her position as a person with no legal basis for being in the State, the person in question was advised that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. Representations have been received on behalf of the person concerned. The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

The Irish Naturalisation and Immigration Service will contact the first-named person referred to in the Deputy's question shortly.

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.

Family Support Services

Finian McGrath

Ceist:

548 Deputy Finian McGrath asked the Minister for Justice and Law Reform his views on a matter (details supplied). [48528/10]

It is unclear from the details provided what assistance the Deputy has in mind or the nature of the abuse envisaged by the question. Should the Deputy be referring to emotional support or social work assistance required by the family, it would appear to be a matter for the HSE in the first instance. Alternatively, if the Deputy would like to provide more details to my office the matter can be examined further.

Garda Strength

Alan Shatter

Ceist:

549 Deputy Alan Shatter asked the Minister for Justice and Law Reform the notifications received regarding the number of gardaí who intend to retire in 2011; and the number of gardaí scheduled to retire during 2011. [48541/10]

I am informed by the Garda authorities that the number of applications received to date for voluntary retirement in 2011 and the number of compulsory retirements in 2011 is as set out hereunder:

C/Supt

Supt

Insp

Sgt

Garda

Total

Voluntary

0

0

1

3

8

12

Compulsory

1

3

2

6

11

23

Prisoner Releases

Alan Shatter

Ceist:

550 Deputy Alan Shatter asked the Minister for Justice and Law Reform further to Parliamentary Question No. 201 of 7 December 2010, in the case of non-EEA nationals released from prison-detention deported at the time of their release, the arrangements made for such deportations in each of the years 2008, 2009 and 2010; the cost to the State of such deportations; the countries to which each person was deported in each of the said years and the reason no readily accessible records are maintained by him as to the number of such persons deported. [48542/10]

I refer the Deputy to my response to Parliamentary Question 201 of 17th December, 2010 outlining the issues with compiling the information sought.

For the sake of completion I would also add that the figures given include both EEA nationals as well as other foreign nationals; as such it does not follow that all of the persons in question could be or would be liable to be deported upon their release from prison.

In order to compile the information sought by the Deputy each relevant file would have to be examined to extract the other information sought by the Deputy. As the Deputy will appreciate, this exercise amounts to a very considerable body of work. I have, however, asked my officials to look again with a view to establishing whether the information could be extracted in a reasonable time frame and without the expenditure of an inordinate amount of resources. I will advise the Deputy of the outcome in due course.

Prison Mobile Phone Seizures

Alan Shatter

Ceist:

551 Deputy Alan Shatter asked the Minister for Justice and Law Reform the number of mobile phones seized in prisons in each of the years 2008, 2009 and 2010 and to detail in respect of each year the numbers seized in each prison in the State. [48543/10]

Section 36 of the Prisons Act, 2007, which was brought into operation on 1 May, 2007, makes it an offence for prisoners to have unauthorised possession of or use of mobile telecommunication devices. Under the Act it is also an offence to supply such a device to a prisoner. The penalties for such an offence, on summary conviction, include a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both. It is Irish Prison Service policy to report and hand over seizures of mobile phones to the Gardaí.

Cell and area searches for contraband such as mobile phones take place in all prisons on a daily basis. These include random, targeted and intelligence led searches. These searches have been particularly effective. In addition, the provision of netting over prison yards has provided an effective deterrent to individuals who might otherwise have sought to throw contraband, including phones, over the prison walls. Indeed, local intelligence indicates that the availability of mobile phones has decreased across the prison system. This is as a direct consequence of the security measures in place in our prisons.

Details of mobile seizures are set out in the following table:

Prison/Institution

2008

2009

2010

Arbour Hill

3

2

1

Castlerea

106

70

43

Cloverhill

128

41

16

Cork

64

27

13

Dóchas Centre

55

40

12

Limerick

292

309

133

Loughan House

58

78

155

Midlands

136

87

92

Mountjoy (Male)

580

904

742

Portlaoise

41

48

18

Shelton Abbey

72

103

88

St. Patrick’s Institution

160

121

138

Training Unit

120

116

191

Wheatfield

232

228

76

Total

2,047

2,174

1,718

Alan Shatter

Ceist:

552 Deputy Alan Shatter asked the Minister for Justice and Law Reform further to Parliamentary Question Nos. 147 and 148 of 17 November 2010, in the context of 1,387 mobile phone seizures in prisons during the first nine months of 2010, his promise that the Central Statistics Office would furnish this Deputy with the number of prosecutions initiated as a consequence of the finding and seizure of such mobile phones during said period and the number of prosecutions initiated in 2008 and 2009 following the seizure of such phones, if his attention has been drawn to the fact that such information is not compiled by the Central Statistics Office, that the only information maintained with regard to prosecutions of prisoners applies to a general category of prisoner offences; the reason such information is not maintained; and if his further attention has been drawn to any prosecutions taken against a prisoner for unlawful possession of a mobile phone in prison in 2008, 2009 or 2010. [48544/10]

In my reply to Parliamentary Questions Nos 147 and 148 of 17 November, 2010 I stated that I had asked the Central Statistics Office to supply statistics directly to the Deputy, as the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Office, as the national statistical agency.

In my reply to the Deputy's Parliamentary Question No. 147 of 15 December, 2010 I noted that the CSO had provided to the Deputy statistics in respect of 2007 and 2008 on the numbers of recorded prison offences which led to criminal proceedings and convictions; that, as explained to the Deputy by the Office, statistics in respect of 2009 and 2010 were not available; and that more detailed statistics than those provided were not available.

I understand that statistics in respect of 2009 will be available in the near future.

The Statistics Act 1993 provides that the Central Statistics Office has sole responsibility for and is independent in deciding the statistical methodology used by the Office and the content of statistical releases and publications issued by it.

Visa Applications

Bernard J. Durkan

Ceist:

553 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the reason for the rejection of an application for family reunification in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1022/11]

I refer the Deputy to my reply to Parliamentary Question No. 1130 of 29 September 2010. I should add that my Department is not aware of any visa application having being made by the person concerned recently.

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:

554 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 Kerry; and if he will make a statement on the matter. [1023/11]

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 24th August, 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his 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.

Bernard J. Durkan

Ceist:

555 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 Carlow; and if he will make a statement on the matter. [1024/11]

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 25th February, 2010, 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. In addition, he was notified of his 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 and this application will be considered first. 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:

556 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 Meath; and if he will make a statement on the matter. [1025/11]

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 23rd August, 2006, 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, by letter dated 28th September, 2007, of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

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

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:

557 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [1026/11]

As the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to provide the information sought at this time. However, information on the particular case the Deputy is referring to will be provided once my Department has received the correct name and reference number.

In that context, 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:

558 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will clarify the way a person (details supplied) in County Waterford was deemed to have been avoiding deportation for most of the time since 2003; if this was due to the oversight of the applicant or his Department; and if he will make a statement on the matter. [1027/11]

My Department's records show that the person concerned was served with a Deportation Order on 23rd October, 2003 which placed a legal obligation on him to ‘present' at the Offices of the Garda National Immigration Bureau on 30th October, 2003 in order to make arrangements for his deportation from the State. The person concerned did not ‘present' as required on that occasion and, as such, he was deemed to be evading his deportation. This position continued to obtain until 21st May, 2009, on which date the person concerned ‘presented' at the Offices of the Garda National Immigration Bureau.

On 7th May, 2010, an application to have the Deportation Order revoked, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended), was received from the legal representative of the person concerned. This application is under consideration at present and a decision is expected shortly. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the relevant party. In the meantime, the person concerned is required to adhere to any residency or reporting requirements placed on him by 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.

Bernard J. Durkan

Ceist:

559 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if Stamp 3 can be extended to Stamp 4 to enable a person (details supplied) in County Kildare take up employment; and if he will make a statement on the matter. [1028/11]

The person concerned has had his temporary permission to remain in the State, on Stamp 3 conditions, renewed for a six month period, until 11th April, 2011. This decision was conveyed to the person concerned by letter dated 11th October, 2010.

The decision to grant such status to the person concerned was arrived at following the consideration of his case under Section 3 of the Immigration Act 1999 (as amended). This decision took account of all matters relating to the person concerned which were submitted to me for consideration, including his personal and family circumstances and the decision stands.

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:

560 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the reason a person (details supplied) in County Dublin is required to make a further new application in view of the fact that they have done so already on several occasions; and if he will make a statement on the matter. [1029/11]

I refer the Deputy to my previous replies to Parliamentary Questions 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 January 2006.

A decision in this case to refuse to grant an application under section 18 was issued to the person referred to on the 11th July 2008 enclosing original documentation submitted in support of their application.

A new application was received from the person referred to by the Deputy on the 21st December 2010. The new application has been forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996.

Where the Minister decides to refuse to grant an application it is open to the applicant to make a new application if he or she sees fit to do so.

In this case, on completion of the investigation the Commissioner will prepare a report to my Department and on receipt of this report the 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 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:

561 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform further to Parliamentary Question No. 191 of 7 December 2010, if he will clarify the position regarding a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [1030/11]

Further to Parliamentary Question No. 191 of 7 December 2010, the Travel Document Unit of the Irish Naturalisation and Immigration Service (INIS) informs me that the person referred to in the Deputy's question is still the holder of temporary permission to remain in the State until 29 May 2011, which was granted to him on an exceptional basis.

As previously advised, the person concerned was issued with a temporary travel document on 19 November 2009 valid for one year for the sole purpose of allowing him travel to procure his national passport. He was informed that this temporary travel document would not be renewed as it was being issued to him on a discretionary basis.

In line with usual practice the Garda National Immigration Bureau issued a Certificate of Registration valid up 18 November 2010 being the date of expiry of the temporary travel document and advised that a national passport should be obtained to allow for further registration up to the 29 May 2011. In order to renew an existing registration a person is required under Section 9(2)(a) of the Immigration Act 2004 to produce a passport issued by an authority recognised by the Irish government which establishes identity and nationality unless a satisfactory explanation of the circumstances which prevents a person from doing so is provided.

It is now a matter for the person concerned to contact his own national authorities in order to obtain his passport. I am informed that the DR Congo Embassy in London is the appropriate office to contact in relation to this.

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.

Asylum Applications

Bernard J. Durkan

Ceist:

562 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 Dublin 22; and if he will make a statement on the matter. [1031/11]

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 22nd March, 2010, 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 a Deportation Order should not be made against him. In addition, he was notified of his 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.

Residency Permits

Bernard J. Durkan

Ceist:

563 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for family reunification in the case of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [1032/11]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made an application for Family Reunification on behalf of his wife in June 2005 and a decision issued to the person referred to by the Deputy refusing the application in July 2007.

I am further informed that the person referred to by the Deputy made a new application for Family Reunification on behalf of his wife in April 2009. The new application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996.

The investigation has been completed and the Commissioner has forwarded a report to INIS.

The application is currently under consideration by INIS. INIS are currently waiting for an inter-departmental report, upon receipt of same INIS will contact the applicant.

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.

Bernard J. Durkan

Ceist:

564 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if Stamp 4 will be offered to the spouse of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1033/11]

I wish to inform the Deputy that the spouse of the person concerned initially entered the State on a Join Spouse "D" visa in December 2006. I am informed that he was subsequently granted permission to remain in the State under Stamp 3 conditions from 14 September 2009 until 21 June 2011 by the Garda National Immigration Bureau. I am not aware of any application for a change of status under section 4(7) of the Immigration Act 2004 having been received from the person concerned to date but should add that any such application should be submitted to the IBC Unit, PO Box 10003, Dublin 1.

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:

565 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform when an accommodation transfer to Dublin will be offered to a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [1034/11]

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. The person referred to in the details supplied has sought a transfer to accommodation in Dublin on a number of occasions on medical grounds. Medical documentation received by RIA from this person has been forwarded for consideration to an independent medical referee on two occasions and on both occasions, the medical referee has found that such a transfer is not necessary. Following consideration of the papers on file and the recommendations of the medical referee, this person has been written to by the RIA to inform her of those decisions.

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.

Asylum Applications

Bernard J. Durkan

Ceist:

566 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the residency status in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [1035/11]

I refer the Deputy to my detailed Reply to Parliamentary Question No. 352 of Tuesday, 19th October, 2010, in this matter. 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:

567 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 Louth; and if he will make a statement on the matter. [1036/11]

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 15 October 2010, 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. In addition, he was notified of his 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.

Residency Permits

Bernard J. Durkan

Ceist:

568 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency and update of Stamp 4 in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [1040/11]

I wish to inform the Deputy that minor children under the age of sixteen who are in the care of non-EU national parents who have been granted permission to remain in the State under the IBC/05 scheme, avail of the same permission to remain as that granted to their parents. When such minor children reach sixteen years of age they are obliged to register with the Garda National Immigration Bureau in their own right.

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:

569 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 Meath; and if he will make a statement on the matter. [1041/11]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has no application pending for residency. The person concerned is the subject of a Deportation Order, signed on 21 July 2009, following a comprehensive and thorough examination of her asylum claim, and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). She has been evading her deportation since 10 August 2009 and should she come to the notice of the Garda authorities, she would be liable to arrest and detention. She should, therefore, present herself to the Garda National Immigration Bureau without any further delay.

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:

570 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 7; and if he will make a statement on the matter. [1042/11]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has no application pending for residency. The person concerned is the subject of a Deportation Order, signed on 4 December 2002, 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.

He has been evading his deportation since 20 December 2002 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

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.

Question No. 571 answered with Question No. 526.
Question No. 572 answered with Question No. 497.

Garda Training

John O'Mahony

Ceist:

573 Deputy John O’Mahony asked the Minister for Justice and Law Reform further to Parliamentary Question No. 151 of 15 December 2010, when will this information be provided; and if he will make a statement on the matter. [1100/11]

John O'Mahony

Ceist:

574 Deputy John O’Mahony asked the Minister for Justice and Law Reform further to Parliamentary Question No. 152 of 15 December 2010, when will this information be provided; and if he will make a statement on the matter. [1101/11]

John O'Mahony

Ceist:

575 Deputy John O’Mahony asked the Minister for Justice and Law Reform further to Parliamentary Question No. 153 of 15 December 2010, when will this information be provided; and if he will make a statement on the matter. [1102/11]

I propose to take Questions Nos. 573 to 575, inclusive, together.

I am informed by the Garda authorities that as of the latest date for which figures are readily available, the personnel strength, including civilian staff, in the Garda College, was as set out in the table hereunder:

Rank

Strength

Chief Superintendent

1

Superintendent

3

Inspector

4

Sergeant

55

Garda

75

Civilian Staff

108

The Garda College is the national centre for police education and development in this country. While there currently are no Garda Students in the College, it continues to manage and provide a total of 280 training courses, programmes and training interventions annually.

Irish Prison Service

Terence Flanagan

Ceist:

576 Deputy Terence Flanagan asked the Minister for Justice and Law Reform the position regarding an allowance (details supplied); and if he will make a statement on the matter. [1159/11]

I can advise the Deputy that there has been no increase to the allowance referred to since 1 January 2004.

Departmental Expenditure

Lucinda Creighton

Ceist:

577 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1178/11]

In 2009 and last year a total of €800 was incurred by the Citizenship Division of my department into research on aspects of the process of applying for Irish Citizenship and related issues.

Lucinda Creighton

Ceist:

578 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1193/11]

I am not in a position to provide the information sought by the Deputy. As the Deputy may be aware there are approximately twenty four public bodies under the remit of my Department. This includes large nation wide organisations such as An Garda Síochána, the Courts Service and the Irish Prisons Service. To seek to obtain the information sought would require a disproportionate use of time and resources which cannot be justified at a time when there are numerous demands on the public bodies concerned.

Lucinda Creighton

Ceist:

579 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1208/11]

I wish to inform the Deputy that it is not possible to provide the requested information for the years 2006, 2007 and 2008 as the data sought cannot be disaggregated from other data for the period in question.

For the period 2009 and 2010 the information sought was retained in a different format and is therefore available. The number of mobile phones paid for by my Department in 2009 was 163 and in 2010 it was 149. The total cost of paying for mobile phone bills in my Department in the years 2009 and 2010 is €74,522 and €66,108 respectively.

Garda Equipment

Lucinda Creighton

Ceist:

580 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform if the Garda and immigration automated fingerprint identification system has been implemented in full; the final cost of the system; and if he will make a statement on the matter. [1237/11]

I have requested the information sought from the relevant authorities and will revert to the Deputy in writing in due course.

Legislative Programme

Lucinda Creighton

Ceist:

581 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform the progress he has made in providing a property price database; and if he will make a statement on the matter. [1239/11]

I intend to bring forward amendments to the Property Services (Regulation) Bill 2009 at Committee Stage to provide for the publication of residential property sales prices by the Property Services Regulatory Authority. They will provide that sale price data which are currently supplied to the Revenue Commissioners for stamp duty purposes will be made available to the Property Services Regulatory Authority for publication at regular intervals.

Restorative Justice

Lucinda Creighton

Ceist:

582 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform the progress he has made in implementing the Final Report of the National Commission on Restorative Justice; the amount of the identified estimated annual savings of €8.3 million which have been achieved; and if he will make a statement on the matter. [1240/11]

In my reply to Parliamentary Question 129 on 25 November I announced that the Probation Service will be introducing a scheme to test a range of restorative interventions for adult offenders based on the recommendations contained in the final report of the National Commission for Restorative Justice. 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.

In my reply I also indicated that 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 always to encourage the use, to the greatest extent possible, of the menu of non-custodial options available to the courts.

Child Abduction

Lucinda Creighton

Ceist:

583 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform the number of cases dealt with by the Central Authority for Child Abduction in 2009 and 2010; the number of cases concerning abductions into the State from other countries and those concerning abductions from the State to other countries in each year; the number of cases dealt with under the Hague Convention, the Luxembourg Convention and the Brussels II Bis Regulation; the outcome of each case in each year; and if he will make a statement on the matter. [1241/11]

The information sought by the Deputy in relation to cases dealt with by the Central Authority for Child Abduction in my Department in 2009 is available on my Department's website www.justice.ie (Press and Publications).

Information in relation to the recent year 2010 is being compiled and will be published as soon as possible in the near future.

Sex Offender Treatment Programme

Lucinda Creighton

Ceist:

584 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform the progress he has made regarding the introduction of standardised evidence-based risk assessments specifically designed for sex offenders; and if he will make a statement on the matter. [1242/11]

In 2009 I announced a new policy on the management of sex offenders in prison which is aimed at bringing about changes in offenders' lives that reduce risk of re-offending and enhance public protection. Significant progress has been made to date in implementing this policy, with Arbour Hill being designated as the national centre for sex offenders and the introduction of a new suite of programmes for sex offenders called the Building Better Lives (BBL) programme. The new approach allows for interventions to take greater account of individual risk, needs and capacity.

In the circumstances where a convicted sex offender has completed his or her sentence and is released into the community the relevant state agencies manage that person's release, and the level of interventions required, on the basis of the assessed risk to public safety. Best practice indicates that different jurisdictions as well as different agencies within jurisdictions should use the same evidence based sex offender risk assessment instruments so as to support effective communication. Therefore an all island risk assessment tool has been introduced. The combination of RM2000 and SA 2007 is the sex offender risk assessment system currently used by Probation and Police services in Northern Ireland, Scotland and in various parts of England and Wales.

The Risk Matrix 2000 (RM 2000) is a static risk assessment instrument which enables criminal justice agencies working with offenders to estimate the likelihood that an offender will incur a further conviction over long term periods of 5, 10 and 15 years. It distinguishes four levels of risk: low; medium; high and very high. As such it gives a clear indication of the level of intervention the offender will require if under supervision. The Probation Service and An Garda Síochána have undertaken a programme of staff training in this instrument. The Probation Service has trained approximately 120 staff from prison and community based teams to ensure a national capacity to assess all sex offenders under the supervision of the service. This instrument is currently being applied to sex offenders under the supervision of the Probation Service and subject to Garda notification requirements.

SA 2007 is a dynamic sex offender risk assessment instrument. This instrument is responsive to the current risks posed by individual sex offenders. Further, it identifies key risk factors relevant to the particular individual so that risk management strategies can be more individually targeted. It also provides a warning system for imminent relapse. The Probation Service introduced the SA07 through its High Risk Offender Management Team in 2007 and commenced a twelve month SA07 national pilot from 1 May 2010.

Human Trafficking

Lucinda Creighton

Ceist:

585 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform the progress he has made in implementing the national action plan to combat human trafficking, specifically awareness raising by means of targeted campaigns, programmes and information aimed at law enforcement and front-line personnel, victims, migrant communities, countries of origin; the development of a data strategy to establish the nature and extent of human trafficking in Ireland that will provide an evidential basis for future policies and programmes to tackle trafficking in persons; the provision of accommodation, medical treatment, counselling, material assistance, legal aid and advice and interpretation and translation where necessary; access to the labour market for persons not in the asylum system who are granted six months temporary residence permits renewable; information outlining the rights and services available to potential or suspected victims or both and the contact details for organisations which will be useful to a potential and or suspected victim; with reference to child victims, the progress he has made regarding counselling and debriefing, together with a multidisciplinary assessment of need and a care plan ending of the practice of accommodating children in hostels; placing children with families in local communities throughout the State; whether an emergency alert system for missing children similar to amber alert in place in other countries should be established; and if he will make a statement on the matter. [1245/11]

Dedicated anti-human trafficking units have been established in the Garda Síochána, the Health Service Executive (HSE), the Legal Aid Board (LAB) and the Department of Justice and Law Reform (Anti-Human Trafficking Unit — AHTU).

To date, a total of 495 Gardaí have participated in an in-depth training course entitled ‘Tackling Trafficking in Human Beings: Prevention, Protection and Prosecution'. Members of other police forces also participated in this training. Awareness raising training on human trafficking has also been delivered to a total of 2,956 probationer Gardaí during their final phase of training. Basic awareness raising human trafficking related training has been provided to 32 members of the Garda Reserve. Training on human trafficking, including identification, has also recently been provided to Senior Investigating Officers of the Garda Síochána. In July 2010 a representative of the Garda Síochána made a presentation to the Circuit Court Judges Annual Conference. During 2010 members of the Garda Síochána and representatives from the AHTU made presentations on human trafficking to regional seminars organised by the Reception and Integration Agency (RIA). The services of a Crime Prevention Officer is made available to potential victims of human trafficking by An Garda Síochána to assess any risk to the victim and to provide appropriate advice.

Specialised training has been provided to staff of the LAB who are providing legal assistance and advice to potential and suspected victims of trafficking in human beings.

A ‘Train the Trainer' course was delivered to staff of 13 Public Sector organisations likely to encounter victims of trafficking. Since the completion of this training, a total of 180 persons in four of the organisations have received training on human trafficking given by those who participated in the ‘Train the Trainers' course. Training of further staff is planned. Information seminars have also been provided to consular staff in the Department of Foreign Affairs being posted abroad and to staff in the Department of Enterprise, Trade and Innovation responsible for the granting of work permits.

A national awareness raising campaign “The Blue Blindfold Campaign” was launched by the Garda Commissioner and I on 21 October 2008. Since the campaign, my Department’s Anti-Human Trafficking Unit and the Garda Síochána have been actively engaged in further raising awareness of the issues through writing articles on human trafficking in numerous publications, making presentations at conferences and third level colleges and engaging with both governmental and private sector organisations to highlight the issues. I opened a film festival at Liberty Hall featuring films on labour exploitation targeting transition year students and trafficking for sexual exploitation targeting adults to coincide with EU Anti-Trafficking Day on 18 October 2010.

AHTU, in consultation with the Awareness Raising and Training Working Group, has designed, published and distributed leaflets on Labour Exploitation and Sexual Exploitation. These leaflets set out the indicators of trafficking for labour and sexual exploitation, contain sample case studies and contact details. AHTU is also finalising a Guide to Procedures which outlines the rights and services available to potential and/or suspected victims and the contact details for organisations that will be useful to a potential and/or suspected victim and service providers. The Garda Síochána recently participated in a nationwide human trafficking related awareness raising campaign undertaken by Ruhama with information packs and awareness raising leaflets developed by Ruhama disseminated to targeted personnel in An Garda Síochána likely to encounter victims of human trafficking.

Ireland, through the Department of Foreign Affairs/Irish Aid Stability Fund, is providing €100,000 in funding towards the Organisation for Security and Cooperation in Europe project for the enhancement of anti-trafficking measures in the Ukraine. Under the current phase of the Irish Aid — International Labour Organisation (ILO) Partnership Programme which commenced on 1 August 2008, Ireland is providing €9 million over 3 years (2008-2011) to the ILO for activities across a range of countries. A total of €1.8 million or 20% of the budget has been allocated to the ILO Special Action Programme to Combat Forced Labour.

AHTU produced a Summary Statistical Report for 2009 containing information on the nature and extent of human trafficking in Ireland based on information provided by An Garda Síochána and the Non-governmental Organisations working in the area of human trafficking. A Summary Statistical Report for 2010 is currently being prepared.

The RIA provides direct provision accommodation to potential and suspected victims of human trafficking prior to and for the duration of the 60 day Recovery and Reflection period provided for in the Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking. Suspected victims who choose to assist with the investigation or prosecution of the trafficking offence, where applicable, may be granted a 6 month temporary residence permission and are assisted in making the transition from direct provision to mainstream social services including access to the labour market by the Asylum Seekers and New Communities Unit of the HSE.

A total of 39 cases have been referred by the GNIB to the dedicated team in the LAB providing legal assistance and advice to potential and suspected victims of human trafficking between November 2009 when the service was first provided and 1 December 2010. Some 56 referrals have been made to the HSE dedicated team to devise and deliver individual care plans — including counselling where appropriate — in the period since the HSE started to providing services up to December 2010. Interpretation and translation are made available by all the service providers when required.

The HSE has confirmed that all newly arriving children receive a professional Social Work Assessment and this includes an assessment of the potential of the child being a victim of trafficking. From January 2010, all newly arriving children under 12 years were placed on arrival in a foster care placement. The newly arrived child over 12 years was placed in one of the four registered residential intake units for up to, at most, four to six weeks, where a preliminary assessment of the child and their needs was carried out by a social worker in conjunction with qualified residential social care staff. Input from a Psychologist was available if required. This assessment informed the most appropriate care option, and identified if the child would need additional supports/links. All children/young people are allocated a Social Worker on arrival and an initial care plan is developed in conjunction with Social/Care staff and educational input from the Department of Education and Science. Medical assessment takes place and referral to specialist services is made if required. Two hostels closed in July 2010 and the remaining two closed on 31 December. By December, the 15 hostel residents were all over 18 years and moved to adult services in Dublin to facilitate the completion of the academic year ending July 2011. Children and young people are placed in foster care placements with approved and trained foster carers. The Joint Garda/HSE Protocol is followed when children or young people are reported missing and the Garda website is utilised where appropriate.

Following my request to the Garda Síochána Inspectorate to assess the need to establish a dedicated Missing Persons Unit within An Garda Síochána, including a response similar to Amber Alert, and to report their findings to me, the Inspectorate published its report in March 2009. One of its main recommendations was that an emergency alert system for missing children, similar to the Amber Alert system in place in other countries, should be established. In April, 2009 I gave the go ahead for the implementation of this recommendation. An Garda Síochána has commenced work on developing the most appropriate structure to give effect to the recommendation, taking account of progress at international level in the development of alert systems for missing children. I am informed by the Garda authorities that an Assistant Commissioner has been appointed to oversee the introduction of such an alert system in this jurisdiction. The development of such a system is complex and requires a multi-agency approach. It will provide An Garda Síochána with access to on-air broadcasters and other means of communication during the critical period immediately after a child abduction. This will require the co-operation of a range of agencies, including Government Departments, phone service providers, electronic and print media, television and radio service providers and the public.

Sexual Offences

Denis Naughten

Ceist:

586 Deputy Denis Naughten asked the Minister for Justice and Law Reform his plans to introduce legislation similar to Sarah’s law in the UK providing information to parents. [1251/11]

Denis Naughten

Ceist:

587 Deputy Denis Naughten asked the Minister for Justice and Law Reform his plans to introduce legislation similar to Sarah’s law in the UK on the provision of information to parents regarding sex offenders; and if he will make a statement on the matter. [1252/11]

I propose to take Questions Nos. 586 and 587 together.

As the Deputy may know, the Garda Síochána has a system in place for the monitoring of all persons subject to the notification requirements — sex offenders' register — of the Sex Offenders Act 2001. Their 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 his/her Division.

In January, 2009 I published a comprehensive discussion document on the management of sex offenders. One of the issues raised was the question of whether the name and address of sex offenders who completed their sentences should be made public. Following publication of the document my Department invited comment and held a forum to hear the views of a range of interested parties. The universal view of those who responded was that such a general approach to the publication of this type of information would be counter productive and would, in all probability, drive sex offenders underground where they could not be monitored and where they were more likely to re-offend. There was, however, support for the view that those with a legitimate interest should receive appropriate information and, if there was a danger to the public, the Gardaí should be able to make the identity of a sex offender known. Provision of information to the public in exceptional circumstances, including the provision of appropriate information to parents, is already possible on an administrative basis. Subject to Government approval, it is intended to introduce legislative provisions to put such disclosure on a statutory footing. This would have the effect of allowing the Gardaí to warn individuals of a particular danger or to respond to specific requests.

Citizenship Applications

Damien English

Ceist:

588 Deputy Damien English asked the Minister for Justice and Law Reform when a decision will be made on an application for naturalisation in respect of persons (details supplied) in County Meath; the reason for the delay; and if he will make a statement on the matter. [1259/11]

Valid applications for a certificate of naturalisation from the persons referred to in the Deputy's Question were received in the Citizenship Division of my Department in February 2008.

The applications are currently being processed in the normal way with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

The average time from application to decision is 26 months. It is not possible to provide more specific information in an individual case as processing requirements and time taken to carry out necessary checks vary from case to case. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

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.

Proposed Legislation

Terence Flanagan

Ceist:

589 Deputy Terence Flanagan asked the Minister for Justice and Law Reform if he will provide the background regarding his introduction of the corporate manslaughter Bill; the legislation that currently exists in this area; when this Bill will be brought before the Houses of the Oireachtas; and if he will make a statement on the matter. [1268/11]

On 14 December last the Government agreed my proposals for the preparation of a Corporate Manslaughter Bill.

The Government's decision arises from its consideration of the "Law Reform Commission Report on Corporate Killing" (LRC 77-2005).

While there is a possibility, at present, to prosecute a corporate entity for manslaughter under common law, the Commission has highlighted that the current law of corporate liability for manslaughter does not provide a clear basis for constructing liability. The Commission recommends that a new basis, contained in legislative form, be put in place.

Garda Operations

Thomas P. Broughan

Ceist:

590 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform the number of random roadside checks carried out by the Garda Síochána during December 2008, December 2009 and December 2010; the number of random roadside checks that were carried out by the Garda Síochána over the new year bank holiday weekend in 2008, 2009 and 2010; and if he will make a statement on the matter. [1302/11]

I am informed by the Garda authorities that the following tables show the numbers of mandatory alcohol testing (MAT) checkpoints and roadside breath-tests conducted at such checkpoints for the months of December 2009 and 2010 and over the New Year periods 2010 and 2011:

December 2009

December 2010

MAT checkpoints

3,439

2,813

Roadside breath tests at MAT checkpoints

47,994

26,640

31/12/2009-3/1/2010

31/12/2010-3/1/2011

MAT checkpoints

923

249

Roadside breath tests at MAT checkpoints

10,349

3,321

I am informed by the Garda authorities that adverse weather in December 2010 and around New Year 2011 resulted in a reduction in their ability, compared to December 2009 and New Year 2010, to conduct checkpoints.

I am further informed that, as statistics relating to MAT checkpoints in December 2008 and New Year 2009 were manually recorded, it would necessitate a disproportionate expenditure of Garda time and resources to collate the information requested in relation to MAT checkpoints and roadside breath-tests for that period.

Asylum Applications

Bernard J. Durkan

Ceist:

591 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the current position in respect of an application for residency in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [1414/11]

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 16th March, 2006, 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 a Deportation Order should not be made against her. Representations have been received on behalf of the person concerned.

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

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:

592 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [1448/11]

A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in August 2010.

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.

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.

Pension Provisions

Billy Timmins

Ceist:

593 Deputy Billy Timmins asked the Minister for Justice and Law Reform the changes made to the pensions of retired members of the Garda following the budget 2011; and if he will make a statement on the matter. [1495/11]

The changes made to the pensions of retired members of An Garda Síochána in Budget 2011 are similar to the changes made to all public service pensions, and include the new Universal Social Charge and PAYE changes, full details of which have been published on the website of the Department of Finance. The main change is that annual pensions above €12,000 will be reduced to produce average reductions of 4% in the cost of public service pensions. The specific reductions are, first €12,000 at 0%; from €12,001 to €24,000 at 6%; from €24,001 to €60,000 at 9% and the balance above €60,000 at 12%.

Garda Vetting of Personnel

Pearse Doherty

Ceist:

594 Deputy Pearse Doherty asked the Minister for Justice and Law Reform the number of persons awaiting a decision on Garda clearance; if all of these applications are from the previous year; the average processing time of applications; and if he will make a statement on the matter. [1507/11]

The Garda Central Vetting Unit (GCVU) provides employment vetting for a large number of organisations in Ireland registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults.

The GCVU has managed a substantial increase over recent years in the numbers of vetting applications it receives from around 188,000 in 2007 to almost 325,000 in 2010. At present, there are approximately 55,000 applications in the course of being processed, the majority of which were received in 2010, with a small number received to date in 2011.

The processing time for vetting applications fluctuates in line with periods of increased demand. Furthermore, additional time may be required to process an individual vetting application in cases where clarification is required as to the details provided or where other enquiries need to be made, for example, when the person in question has lived and worked abroad. There will always be a reasonably significant time period required to process a vetting application. Registered organisations have been advised to take account of this in their recruitment and selection process. However, the Gardaí make every effort to reduce the time to the minimum possible consistent with carrying out the necessary checks. I am informed by the Garda Authorities that the current average processing time for vetting applications received at the GCVU is approximately 11 weeks.

Irish Prison Service

Thomas P. Broughan

Ceist:

595 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform if he will give statutory recognition and underpinning to the Prisons Authority interim board; and if he will make a statement on the matter. [1514/11]

I have no immediate plans to introduce legislation to place the Irish Prison Service or the Prisons Authority Interim Board on a statutory basis.

Prisoner Education Service

Thomas P. Broughan

Ceist:

596 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform if he will report to Dáil Éireann on the history of the CONNECT project in Irish prisons and the way this work of re-integrating former prisoners into society and the economy is now facilitated in the prison system; and if he will make a statement on the matter. [1515/11]

The CONNECT project was piloted with EU Integra Funding in the years prior to 2000 and was announced as part of the 2000 to 2006 National Development Plan. It consisted of three strands: Work Training (including Specials Projects), Sentence Management and Capital Projects. Expenditure under the programme consisted, in the main, of staff salaries and materials for the work training area.

CONNECT's original focus was on vocational orientation and training for prisoners, combined with job placement at the time of release. Other needs of prisoners impacting potentially on their employability were to be addressed through the existing prison services.

An internal Irish Prison Service review of CONNECT was carried out in 2002. The result was a decision to refocus the project to concentrate exclusively on the Work Training area. It was decided that the sentence management elements needed to be aligned more centrally within the prison system rather than residing in the work training area. This change in focus was subsequently agreed by the Regional Monitoring Committees that monitor the National Development Plan during the mid-term review process.

The refocus towards the provision of enhanced pre-vocational and vocational training involved dedicated new staffing and funding within the prison system. The Work Training Service increased from approximately 150 staff to an authorised complement of over 250 posts and was complemented by a workshop refurbishment and equipment replacement programme.

The learning from CONNECT informed the development and rollout of Integrated Sentence Management (ISM). The core goal of ISM is a prisoner centred approach to the management of custodial sentences. ISM is to identify, deliver and measure appropriate interventions to address the identified risks and needs of prisoners. ISM is currently operating in ten prisons: Arbour Hill, Castlerea, Cork, Dóchas, Midlands, Mountjoy, Portlaoise, St. Patrick’s Institution, the Training Unit and Wheatfield. Currently, over 1,000 prisoners are engaged in ISM. It is intended to provide ISM to all newly committed prisoners with sentences of one year and upwards.

Irish Prison Service

Thomas P. Broughan

Ceist:

597 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform his plans to institute a modern management system in prisons for governors and their deputies similar to the normal management powers of chief executive officers, deputy chief executive officers and area managers in commercial and State agencies; and if he will make a statement on the matter. [1516/11]

As the Deputy is aware political responsibility for the Prison System in Ireland is vested in me as the Minister for Justice and Law Reform. The Irish Prison Service operates as an executive agency within my Department. Day to day responsibility is delegated to the Director General of the Irish Prison Service under the Public Service Management Act 1997 and all Governors report directly to him.

There are no plans currently to implement a new management system similar to that in place in commercial or State agencies.

Thomas P. Broughan

Ceist:

598 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform the number of times he has visited Mountjoy Prison, Dublin, since June 2008; the date and purpose of each visit; and if he will make a statement on the matter. [1517/11]

I can advise the Deputy that I visited Mountjoy Prison on 14 June 2010. During this visit I toured the facility to see a first hand the range of services and facilities available to the prisoners. I also met with the prison management, representatives of the prison staff and prisoners.

Prison Building Programme

Thomas P. Broughan

Ceist:

599 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform the plans and timeline for the new Thornton Hall prison, County Dublin, and for the installation of normal cell toilet facilities in Mountjoy Prison; and if he will make a statement on the matter. [1518/11]

I can inform the Deputy that the development of the new prison campus at Thornton Hall, Kilsallaghan, County Dublin is now proceeding on a phased basis. Phase one, which is currently in progress, comprises essential preliminary works to facilitate the prison development including the construction of a dedicated access road, the installation of off-site services and the construction of the perimeter wall of the prison. The next phase of the project involves the provision of 400 cells along with related support facilities suitable to accommodate up to 700 prisoners. Subsequent phases of the project will see the provision of the balance of the 1,000 cells providing a total of 1,400 cells when completed with operational flexibility to accommodate up to 2,200 prisoners, thus future proofing the development.

Access Road

The contract for the construction of the access road to serve the prison development was awarded to SIAC Construction Limited in July 2010 and construction work is already well underway in relation to this phase of the project. The access road and underpass are scheduled to be completed in February this year.

Off-site Works

The contract for the installation of the off-site services to serve the prison development was awarded to PJ Hegarty and Sons recently following a tender competition. Construction work is scheduled to commence shortly and will take approximately eight months to complete.

Perimeter Security Wall

The procurement process for the design and construction of the perimeter security wall of the prison is already in progress. A pre-qualification competition for the design and construction of the perimeter security wall was held and five companies were short-listed to receive the tender documents. These documents issued last November and completed tenders are due to be returned by the end of this month. Construction of the perimeter wall is scheduled to commence in the first quarter of 2011 and will take just under a year to complete.

Prison Buildings

As I mentioned previously in the House, my priority is to provide good quality, regime focussed prison accommodation at Thornton Hall prison campus as quickly as possible. A phased development of the prison campus is now being pursued. The next phase of the works will see the procurement of prison accommodation blocks and related support facilities commencing later this year using traditional procurement methods.

Adopting a phased approach will provide prison accommodation at Thornton Hall in 2014. It makes sense to tender for the construction of these much needed prison facilities now in an environment where construction costs have fallen significantly.

Mountjoy Prison

In relation to the toilet facilities at Mountjoy Prison, I can inform the Deputy that the Irish Prison Service is currently engaged in a project to upgrade and recommission 36 cells in the basement of the "C" Wing at Mountjoy Prison. A feature of the upgrade is that each of the 36 cells in the basement will be provided with a flushing toilet and a wash hand basin.

While this project is underway, the Irish Prison Service has deemed it opportune to examine the structural, operational and economic feasibility of providing flushing toilets and wash hand basins to all of the cells in Mountjoy "C" Wing. In this context an invitation to tender for the provision of in-cell sanitation to the remaining cells in Mountjoy "C" Wing issued to the member firms of the Prison Service's Construction Framework Agreement on the 31st. December last.

Prison Education Service

Thomas P. Broughan

Ceist:

600 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform the way the prison system interacts with local and national training and jobs agencies such as the Northside Partnership, other partnership companies nationwide and the city and county VECs; and if he will make a statement on the matter. [1519/11]

I can advise the Deputy that over 70% of prisoners are unemployed on committal and a similar percentage of these prisoners self-report as not having any particular trade or sectoral occupation. Employment is a vital factor in reducing recidivism — international research has shown that employment on release can reduce the risk of re-offending by between a third and a half. Improved vocational skills and competencies are essential for placement post-release in employability options. The Irish Prison Service, therefore, places a strong emphasis on the provision of vocational training activities and courses for prisoners.

Training activities are chosen to give as much employment as possible in prison and to give opportunities to acquire skills which will help prisoners secure employment on their release. A wide range of training workshops operate within the institutions, e.g. printing, computers, woodwork, metalwork, construction, industrial contract cleaning, craft, horticulture, braille and electronics. In addition, formal training is also provided in prison services such as catering and laundry.

The Irish Prison Service is developing enhanced partnership arrangements with both City and Guilds and the Scottish Qualifications Authority (SQA) which will allow for centralised and coordinated management of the accreditation process and an expansion in the number of courses and activities with certification. The skills areas, where additional certified courses will be delivered in the coming years, include painting and decorating, storage and warehousing, fork-lift driving, catering, metal/welding, construction, horticulture, electronics and laundry operations.

In regard to employability placement programmes, Business in the Community Ireland (BITC) is the main provider of support in this area. Since its inception in 2000, the BITC Linkage Programme has been providing a professional guidance and placement service, in partnership with the Probation Service, to persons on probation and to prisoners and ex-prisoners. Currently, the community-based BITC Linkage Programme Training and Employment Officers (TEOs) provide an inreach clinic service to prisoners in eight of the country's fourteen institutions. Since 2007, a new BITC programme — the GATE Service — has been operating in the other six institutions — Mountjoy, Dóchas, St Patrick's Institution, the Training Unit, Midlands and Portlaoise Prisons. Funded by the Irish Prison Service, four GATE Service TEOs work on a full-time basis in the prisons concerned and provide a training, education and employment placement service. From the start-up of the service in the summer of 2007 to the end of 2010, 1,438 referrals have been made to the TEOs. Of those 601 remain engaged post-release, 430 of whom have been placed in training, education or employment.

BITC personnel interact with all national services to maximise the opportunities for prisoners on release from prison. They also interact with any local services that similarly can support the reintegration of prisoners. At national level, the Gate and Linkage Services, the Irish Prison Service, the Probation Service and FÁS have agreed a protocol to facilitate the smooth and effective referral of prisoners and ex-prisoners to FÁS courses and their successful completion of the identified programme. BITC's social inclusion programmes also interact with the Department of Social Protection, in particular with the Jobs Facilitators, and, where appropriate, with the Community Welfare Officers of the HSE.

TEOs working with the Gate or Linkage Services and mentors working with the Mentoring Service, interact with local partnerships to access the full range of services that may be available. These include accessing training programmes, support, funding and advice about services in the county, as well as participating on committees and projects. For example TEOs have been involved with the Northside, Tallaght, Laois, Kerry and Sligo Leader Partnerships, Drugs Task Forces, Traveller Initiatives, Community Action Projects and Community Development Projects.

The Irish Prison Service also worked directly with Cork, Galway and Roscommon area partnerships on the You're EQUAL project which ran from 2005 to the end of 2008 with a combination of ESF and participating organisation funding including the Irish Prison Service. The pilot project focused on providing integrated training, mentoring and guidance to prisoners and former prisoners from Cork and Castlerea Prisons. Over the lifetime of the project through care mentoring support was provided to over 190 prisoners. The pilot experience informed the new mentoring initiative which is co-funded through Dormant Accounts and Irish Prison Service funding which is being run by BITC and went operational in a number of prisons in 2009.

The Irish Prison Service participated in and presented at a seminar in October 2007 organised by the Network of Ex-prisoner Voluntary Agencies (NEVA) in conjunction with Pobal. The seminar was organised for staff of Area Partnerships and was aimed at building and strengthening their work with ex-prisoners and their families in the context of their social inclusion programmes. The Irish Prison Service subsequently provided profile and statistical information to partnerships on request to assist them in the development of strategies focused on this target group.

Irish Prison Service

Thomas P. Broughan

Ceist:

601 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform the total number of prisoners each year from 1997 to the end of 2010; and if he will make a statement on the matter. [1520/11]

The information requested by the Deputy is set out in the table below. Figures are taken from the Annual Reports for the Irish Prison Service. Figures for 2010 are being finalised and will be published in the Annual Report 2010.

Year

Daily average number of persons in custody

2009

3,881

2008

3,544

2007

3,321

2006

3,191

2005

3,151

2004

3,199

2003

3,176

2002

3,165

2001

3,112

2000

2,919

1999

2,763

1998

2,735

1997

2,124

It is the case that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 417. With the extra resources provided by this Government, the Garda Síochána have been increasingly successful in prosecuting criminals and extra court sittings have resulted in higher committal rates.

As the Deputy will be aware, Ireland traditionally has had a low rate of imprisonment. Council of Europe annual penal statistics measure imprisonment rates by prison population per 100,000 inhabitants. The European average is about 109 prisoners per 100,000. In 2008, the latest year for which full statistics are available, Ireland had a rate of 84.8 well below that average. The UK for example had a figure of 152.8. Based on that data, we were below most western European countries other than Scandinavian countries. These latest Council of Europe penal statistics show that Belgium (125%), France (131%), Italy (130%) and Spain (141%) all have more severe levels of overcrowding than Ireland. The USA imprisonment rate is around 700 per 100,000 inhabitants. However, it is also true to say that as our prison numbers increase so too will our position on the table change and this is something that I am very conscious of.

The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,930 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise, Castlerea and most recently Wheatfield prisons and at the open centres in Shelton Abbey and Loughan House.

Construction has commenced on a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in 2012. Also in the short term, work is due to commence on converting an administrative building on the Dóchas site into a new accommodation block which will provide 70 spaces in the near future.

The Deputy will also be aware of the Government's commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison facility will provide accommodation for 1,400 prisoners with operational flexibility to accommodate up to 2,200 in a range of security settings.

Prisoner Work Schemes

Thomas P. Broughan

Ceist:

602 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform the number of community work projects carried out by inmates of prisons each year between 1997 and 2010; the work undertaken on these projects; the number and type of community work projects carried out by inmates of Mountjoy prison, County Dublin, during the same period; and if he will make a statement on the matter. [1521/11]

I can advise the Deputy that the information required is not readily available and will be forwarded to him as soon as possible.

Probation and Welfare Service

Thomas P. Broughan

Ceist:

603 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform the procedures that are in place for establishing accommodation facilities for prisoners leaving prison after they have served their term and who have no permanent residence; and if he will make a statement on the matter. [1522/11]

In recent years, in addition to the direct work of probation officers in regard to accommodation issues, a weekly clinic service has been provided in ten prisons by the Health Service Executive (HSE) Community Welfare Service through the Homeless Person's Unit (HPU). Referrals to this service generally are at the pre-release stage and emergency and other accommodation options, supplementary benefits and fast tracked medical cards are arranged by the Community Welfare Officers (CWOs) who provide the information and clinic services. There were 700 prisoners assisted by the CWOs in 2008, 759 in 2009, and 939 in 2010. There is no breakdown available as to the number who were facilitated into accommodation as opposed to receiving other support services.

Focus Ireland operates a pilot homeless service in Cloverhill Prison which provides a case management and pre-settlement service for remand prisoners. The service supports participants in accessing appropriate services and accommodation on the pathway to independent living. The project is supported by the IPS, the Probation Service and the HSE. By the end of 2008, 68 prisoners had benefited from the service since its establishment in September 2007. A further 25 prisoners used the service in 2009. However figures for 2010 are not yet available but will be forwarded to the Deputy when they become available.

Additionally, the Probation Service funds a number of community based organisations in this area. PACE supports people through the transition from prison and an offending background into the community and to break the cycle of offending. PACE residential services provide supported accommodation on a short term basis for 22 homeless males leaving prison. There are 14 high support places and 8 transitional low support places. PACE also provides low support long term accommodation to a further seven people from offending backgrounds. The specific number of clients PACE residential services worked with over the last three years is: 60, 64, and 58 to September 2010. The PACE training and education programme can accommodate 40 trainees at any one time. The specific number of clients who engaged with the programme over the last three years is: 102, 87, and 90 to September 2010.

In addition to the funding of PACE the Probation Service provides financial assistance to support the effective resettlement of female offenders (Tús Nua) and high risk offenders (New Directions).

The IPS secured €250,000 in Dormant Accounts funding for the provision of homelessness support services to prisoners in Cork and Limerick prisons. This service is provided by Focus Ireland and commenced in the summer of 2009. By the end of 2010, there had been 90 referrals to the service and the two project workers engaged with 59 clients during that year.

In support of the development of homeless services for prisoners/offenders both the Probation Service and Irish Prison Service are represented on the recently established Regional Homeless Consultative Fora.

Prison Education Service

Thomas P. Broughan

Ceist:

604 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform the education, arts and in particular drama programmes currently in place in Mountjoy and other prisons for rehabilitation and re-integration purposes; and if he will make a statement on the matter. [1523/11]

The Irish Prison Service places a strong emphasis on access to educational services and on the provision of work and training activities for prisoners. Educational services are available in Mountjoy and all other prisons and are provided in partnership with a range of educational agencies in the community, notably the VECs. Provision of literacy, numeracy and general basic education is a priority and broad programmes of education are made available which generally follow an adult education approach.

Education programmes are adapted to take account of the diversity of the prisoner population and the complex nature of prison life, including segregation requirements and high levels of prisoner turnover. Educational courses and curricula, which are based on individuals participating in one or more subject areas for an academic year and sitting terminal examinations, are only appropriate for a small number of prisoners. Junior and Leaving Certificate courses are available but increasing numbers of prisoners require a more flexible curriculum which has multiple entry and exit points that take account of prior educational attainment. FETAC accreditation is therefore widely used with assessment by portfolio compilation. All prison Education Units meet the quality assurance standards demanded by FETAC.

The education programmes provided in prisons can be broadly categorised as follows:

Basic Education, including literacy, numeracy, English as a second language and communications;

Creative Arts, notably music, sound recording and production, drama, art, craft, stone work, creative writing, film production and photography;

Technology, including woodwork, woodcarving, metalwork, computer-aided design, information technology and horticulture;

General Subjects, incorporating history, languages, geography, home economics and English literature;

Life Skills, comprising notably personal development, interpersonal skills, anger management, parenting, child care, addiction studies, driver theory and food hygiene;

Healthy Living, notably physical education, sports, fitness and recreational activities, health education, diet and nutrition.

Garda Operations

Thomas P. Broughan

Ceist:

605 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform if he will report on Garda Operation Marshall; the number of persons arrested and charged to date; the amount of drugs seized to date; the number of gardaí involved; and if he will make a statement on the matter. [1524/11]

I am advised by the Garda authorities that Operation Marshall was a policing operation undertaken by the Garda National Drugs Unit with support from local drug units during the period June to December 2010.

The operation targeted drug dealing in the following three Garda Divisions within the Dublin Metropolitan Region (DMR) — Dublin North-Central, Dublin South-Central and Dublin West.

I am informed that approximately 100 ‘street-deals' of drugs, principally heroin and cocaine, were purchased as part of this operation. The operation has resulted in the arrests of 46 persons, with further arrests anticipated.

Persons arrested for offences contrary to Section 15 of the Misuse of Drugs Acts, 1977 and 1984 as amended (possession of controlled substances for sale or supply) were detained under the provisions of the Criminal Justice (Drug Trafficking) Act 1996. All such persons are either currently before the Courts, awaiting law officers directions, or remain under investigation, at this time.

The monetary value of drugs seized during this initiative was approximately €5,000, with individual street-deals worth on average between €20-€80 being purchased by undercover officers.

Given the nature of the operation it is not possible to determine the precise number of Gardaí who were involved in this operation.

Finally, I am assured by the Garda authorities that An Garda Síochána continues to be fully committed to tackling the supply of drugs at all levels under the National Drugs Strategy.

The Garda National Drugs Unit works together with local Garda Drugs Units to ensure a coordinated and effective approach to protecting our communities, individuals and their families from the harm and pain caused by drug misuse.

Visa Applications

Jimmy Deenihan

Ceist:

606 Deputy Jimmy Deenihan asked the Minister for Justice and Law Reform the progress he has made on the issuing of Schengen visas for entry to Ireland from new and emerging markets, in particular visas from mainland China as it applies to the United Kingdom; and if he will make a statement on the matter. [1533/11]

Ireland is not a party to the Schengen Convention and does not, therefore, issue Schengen visas. My Department continually keeps under review visa arrangements with visa-required countries including China. In this regard, the Deputy may wish to know that the Approved Destination Status initiative put in place in April 2010 with the Chinese authorities, whereby the National Tourism Administration of China approve group tourist applications, has proved beneficial. The number of visa applications received by the Irish Visa Office in Beijing grew from 4,603 in 2009 to 5,211 in 2010, a 13% increase.

Legal Costs

Alan Shatter

Ceist:

607 Deputy Alan Shatter asked the Minister for Justice and Law Reform the steps taken to date to implement the recommendation of the legal cost implementation advisory group report of November 2006 that an interim regulatory costs body is put in place and commence work as soon as possible; the reason for the delay in the establishment of such a body; and if he will make a statement on the matter. [1588/11]

Alan Shatter

Ceist:

608 Deputy Alan Shatter asked the Minister for Justice and Law Reform his view on the proposal by the legal cost implementation advisory group in its report that legislation be enacted to establish a legal costs assessment office and an appeals adjudicator; the work he has undertaken since November 2006 when the report was completed to implement this recommendation; and if he will make a statement on the matter. [1589/11]

I propose to take Questions Nos. 607 and 608 together.

As indicated in response to Question No. 148 of 15 December 2010, the details of proposals for legislation in relation to legal costs continue to be developed by my Department in line with commitments in the Government Legislation Programme, the National Recovery Plan 2011-2014 and the Programme for Financial Support for Ireland. I expect to be in a position to finalise the proposals in the near future.

Court Staff

Alan Shatter

Ceist:

609 Deputy Alan Shatter asked the Minister for Justice and Law Reform the salary paid to the Taxing Masters of the High Court for the year ending 31 December 2010; and the public expenditure incurred in the running and maintaining of the Office of the Taxing Master of the High Court and all associated staffing expenses for the year ending 31 December 2010. [1590/11]

Alan Shatter

Ceist:

610 Deputy Alan Shatter asked the Minister for Justice and Law Reform if he plans to appoint a new Taxing Master of the High Court to replace one of the Taxing Masters who retired in December 2010; and if he will make a statement on the matter. [1591/11]

I propose to take Questions Nos. 609 and 610 together.

The salary paid to each Taxing Master of the High Court during 2010 was €138,655 p.a. The costs associated with the operation of the Office of the Taxing Master are paid out of the Courts Service Vote.

As the Deputy is aware, one of the two Taxing Masters retired on 23rd December 2010. As part of the overall strategy to tackle legal costs, I propose to avail of the opportunity this presents to widen the qualifications for the post.

The current qualifications for the appointment of Taxing Master are set out in Schedule 8 of the Courts (Supplemental Provisions) Act 1961 and require that the appointee be a solicitor of not less than 10 years standing. It is my intention to widen the qualification requirements to encompass candidates with relevant costs and management experience. The Public Appointments Service will be in a position to match the skills required of the Taxing Master. The necessary legal provisions are being drafted for inclusion in the Civil Law (Miscellaneous Provisions) Bill 2010 which is currently before the House.

Garda Investigations

Alan Shatter

Ceist:

611 Deputy Alan Shatter asked the Minister for Justice and Law Reform when a report (details supplied) will be published; if the Garda completed its investigations into outstanding claims of abuse and submitted all files to the Director of Public Prosecutions; the information submitted by the DPP to the Garda to date as to whether prosecutions are to be initiated and if a determination has been made to close any files and not initiate prosecutions and the number of such files and allegations involved. [1596/11]

The Commissions of Investigation Act 2004 provides that, if the specified Minister considers that the publication of a report from a commission might prejudice any criminal proceedings that are pending or in progress, the Minister must apply to the High Court for directions concerning the publication of the report. If, after hearing the application, the High Court considers that the publication might prejudice any criminal proceedings, it may direct that the report or a specified part of it be not published for a specific period or until the court otherwise directs.

Following receipt of the report dealing with the Diocese of Cloyne from the Commission of Investigation into Child Sexual Abuse, I immediately referred the report to the Attorney General, the Director of Public Prosecutions and the Commissioner of An Garda Síochána so that I am in a position to consider the discharge of my responsibilities under the Act.

I am anxious that the matters dealt with in the report are put into the public domain as quickly as possible. Equally, I am concerned that nothing should be done which would harm the prospects of the perpetrators of these horrific acts of depravity against children being brought to the justice they deserve.

I have requested from An Garda Síochána the information sought by the Deputy regarding investigations. I will be in contact with the Deputy when the information is available.

Garda Training

Alan Shatter

Ceist:

612 Deputy Alan Shatter asked the Minister for Justice and Law Reform the number of qualified accountants who are members of the Garda fraud squad or who have been employed to work with the Garda fraud squad; the qualifications and ages of the individuals concerned; the date when recruited and if on secondment from any accountancy firms; the names of the firms, the number of such individuals and the individual arrangements entered into in relation to the work in which they are engaged. [1597/11]

I am informed by the Garda authorities that there are two Civilian Forensic Accountants employed full time by the Garda Bureau of Fraud Investigation (GBFI) which replaced the Garda Fraud Squad in 1996. No accountants are employed on secondment in GBFI from any accountancy firms.

While it is not the practice to release personal details of individuals, I am informed that both accountants are fully qualified and have significant experience through their work carried out in the Garda Bureau of Fraud Investigation.

Legal Profession

Alan Shatter

Ceist:

613 Deputy Alan Shatter asked the Minister for Justice and Law Reform with regard to the report of the Competition Authority of December 2006 into the solicitors and barristers profession if he is satisfied that the Honourable Society of Kings Inns have taken adequate action to implement the recommendations of the aforesaid report of the Competition Authority detailed in pages x to xv and in particular recommendations 4, 6, 8, 10, 11, 13, 15, 16, 18, 20, 21, 22, 23, 25 and to detail which of the aforesaid recommendations have not in his view yet been satisfactorily implemented; the action, if any, taken by him to date to effect their implementation and to detail those he requires to be implemented to comply with the EU/International Monetary Fund Programme of Financial Support for Ireland Programme Documents of 1 December 2010; and if he will make a statement on the matter. [1612/11]

Alan Shatter

Ceist:

614 Deputy Alan Shatter asked the Minister for Justice and Law Reform with regard to the report of the Competition Authority with regard to the solicitors and barristers profession of December 2006, if he will give details of the actions taken by him to date in respect of the recommendations made on pages xi to page xviii of said report and in particular with regard to recommendations 1, 2, 3, 4, 5, 7, 9, 12, 14, 15, 16, 17, 19, 24, 28 and 29; if he will further detail the aforesaid recommendations that have been rejected by him and to further detail the recommendations he has agreed be implemented in the context of the EU/International Monetary Fund Programme of Financial Support for Ireland Programme Documents of 1 December 2010; and if he will make a statement on the matter. [1613/11]

Alan Shatter

Ceist:

615 Deputy Alan Shatter asked the Minister for Justice and Law Reform with regard to the report of the Competition Authority of December 2006 into the solicitors and barristers profession whether he is satisfied that the Law Society of Ireland has taken adequate action to implement the recommendations in the aforesaid report of the Competition Authority detailed in pages x to xv and in particular recommendations 4, 6, 17, 23 and if he will detail which of the aforesaid recommendations have not in his view yet been satisfactorily implemented; the action, if any, taken by him to date to effect their implementation and to detail those he requires to be implemented to comply with the EU/International Monetary Fund Programme of Financial Support for Ireland Programme Documents of 1 December 2010; and if he will make a statement on the matter. [1614/11]

I propose to take Questions Nos. 613 to 615, inclusive, together.

I refer the Deputy to the 2009 Annual Report of the Competition Authority which makes clear that the Law Society has either completed or progressed all of the recommendations addressed to it. The same Annual Report notes that while the Bar Council has implemented many of the recommendations addressed to it, the recommendations to allow direct access to barristers for legal advice and to allow barristers to operate in groups have not yet been implemented. However, the Bar Council has authorised a number of approved organisations and their members to have direct professional access (DPA) to barristers in non-contentious issues. The scheme does not extend to court appearances, but is limited to advisory work. The number of approved bodies has risen to almost 50 and most barristers make themselves available for DPA work.

Government policy on the need for changes in relation to the legal professions is reflected in the Legal Services Ombudsman Act 2009 which provides for the establishment of a Legal Services Ombudsman and in the Civil Law (Miscellaneous Provisions) Act 2008 which provides for a number of other matters relating to regulation of the solicitors' profession. Recruitment of the Ombudsman by the Public Appointments Service commenced in November, and an appointment will be made in the near future.

The commitment in the EU/IMF Programme of Financial Support for Ireland is to establish an independent regulator for the legal profession, to implement the recommendations of the Legal Costs Working Group and outstanding Competition Authority recommendations to reduce costs. The details of my proposals for a Legal Costs Bill are already well advanced in my Department. The question of better regulation generally of the legal professions is being considered in the context of that Bill as well as what implications the changes might have for the Office of the Legal Services Ombudsman. The details will be published in due course following approval of them by the Government.

Legal Services

Alan Shatter

Ceist:

616 Deputy Alan Shatter asked the Minister for Justice and Law Reform in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitor's firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1625/11]

Alan Shatter

Ceist:

617 Deputy Alan Shatter asked the Minister for Justice and Law Reform in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed, judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Office of the Chief State Solicitor and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1640/11]

Alan Shatter

Ceist:

618 Deputy Alan Shatter asked the Minister for Justice and Law Reform with regard to legal services used by his Department, any body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitor's firm which succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1655/11]

I propose to take Questions Nos. 616 to 618, inclusive, together.

I can inform the Deputy that, for the most part, the legal services sought by my Department are coordinated and paid for by the Office of the Attorney General and Office of the Chief State Solicitor. These services are typically sought in the context of the preparation of legislation, legal advice in respect of policy issues and in the management of litigation including judicial reviews. In a number of instances, my Department and its associated bodies, in accordance with normal procurement procedures, have sought and paid for legal advice and services additional to those provided for centrally by the Attorney General and the Chief State Solicitor. It is not feasible to extract the enormous volume of detailed information sought by the Deputy without a hugely disproportionate use of resources in gathering and compiling the list of payments, court cases initiated and other details requested.

Asylum Applications

Bernard J. Durkan

Ceist:

619 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position in relation to an application for residency or leave to remain in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [1664/11]

The first named person concerned applied for asylum on 27th March, 2007. Following investigation by the Office of the Refugee Applications Commissioner, it was established that she had previously made an asylum application in Belgium and, as such, a determination was made, in accordance with the provisions of the Dublin II Regulations, that she should be transferred to Belgium for the purposes of having her asylum application examined there. This determination was upheld following an appeal to the Refugee Appeals Tribunal. A Dublin II Regulation Transfer Order was signed in respect of the first named person concerned on 17th July, 2007. This Order was served on her, by letter dated 2nd August, 2007, which placed a legal obligation on her to ‘present' herself at the Offices of the Garda National Immigration Bureau (GNIB), on Tuesday 7th August, 2007, to make arrangements for her formal transfer to Belgium. She failed to ‘present' on this occasion and was therefore classified as having ‘evaded' her transfer. She became illegally resident in this State at that time.

The first named person concerned continued to evade her transfer to Belgium with the consequence that the Transfer Order ultimately expired leaving Ireland responsible for examining her asylum application. At this point the case was referred back to the Office of the Refugee Applications Commissioner for the purposes of having her asylum claims investigated. The Office of the Refugee Applications Commissioner subsequently made a recommendation that the first named person concerned be refused a declaration of refugee status. Arising from the refusal of her asylum claim, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 21st July, 2010, 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 she should not have a Deportation Order made against her. She was also notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The first named person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the first named person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the position in the State of the first 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 first named person concerned. The second named person concerned was granted permission to remain in the State on the basis of being a family dependant of non-EEA national parents of a child born in Ireland. This permission was granted in line with that of his parents and is due to expire 7th January, 2012.

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.

Prisoner Releases

Lucinda Creighton

Ceist:

620 Deputy Lucinda Creighton asked the Minister for Justice and Law Reform the total prison population; the number of prisoners granted temporary release for Christmas 2010; the amount of those prisoners who cannot be accounted for after the Christmas break; and if he will make a statement on the matter. [1799/11]

I can advise the Deputy that on the 10 January, 2011 there were 4,369 prisoners in custody as compared to a bed capacity of 4,430. This represents an occupancy level of 99%. I can also inform the Deputy that 134 prisoners were granted varying periods of temporary release for Christmas 2010 under the Criminal Justice Act 1960. This figure represented approximately 2.5% of the prisoner population. To date only one prisoner has failed to return to custody. The Gardaí have been notified that this prisoner is now unlawfully at large, in accordance with standard procedures, and are actively seeking his return to custody. Of the prisoners released, approximately 54% of the prisoners were serving their sentences in our lower security institutions: the Training Unit Semi-Open Prison; Loughan House and Shelton Abbey Open Centres.

The prisoners granted temporary release were nearing the end of their sentences and the overriding concern when considering the applications was the safety of the public. In addition to compassionate and humane considerations, other criteria taken into account included the nature and gravity of the offence, length of sentence served to date, prior record on temporary release, behaviour while in custody and previous criminal history. The periods of release varied from a few hours (in some cases accompanied by another responsible person) up to 7 nights. All releases were subject to stringent conditions.

Visa Applications

Caoimhghín Ó Caoláin

Ceist:

621 Deputy Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs the number of persons here who took up working holiday visas in 2009 and 2010 under the agreements with Argentina, Australia, Canada, Hong Kong, Japan, New Zealand and the USA, by country and the allocation of visas for here for each of these countries for 2010. [48089/10]

Working Holiday agreements are concluded between Ireland and other Governments on a reciprocal basis. For Irish citizens the application is administered directly with the Embassy concerned or through a sponsoring organisation. While precise numbers are not available in relation to the number of visa applications by Irish citizens approved in all the countries listed, the following table sets out the visa allocation for 2010 and the available information on the number of visas approved in 2009 and 2010. In the case of Australia the programme runs from 1 July to 30 June and the figures provided reflect these periods. The Working Holiday agreement concluded between Ireland and the United States allows those enrolled in or recently graduated from post-secondary education to apply for a visa to work and live in the United States for a period of one year.

Allocations under the Working Holiday agreements for each of the countries concerned are reviewed on a regular basis. Allocations remain unchanged with the exception of Canada which increased initially from 2,500 to 4,000 in 2010 with a further 227 places reallocated to Ireland from other unused programmes giving an overall figure of 4,227.

Working Holiday Agreement

No. of Visa Approvals in 2009

No. of Visa Approvals in 2010

Allocation in 2010

Argentina

14

21

100

Canada

2,500

4,227

4,000

Japan

35

50

400

Hong Kong

11

21

100

Australia

18,495

14,833

Not capped

New Zealand

2,383

2,095 (to end of November 2010)

Not capped

U.S.A.

204

321

Not capped

Personal Debt

Martin Ferris

Ceist:

622 Deputy Martin Ferris asked the Minister for Foreign Affairs if his attention has been drawn to complaints by Irish citizens regarding moneys which have been taken from them by a development company (details supplied) for apartments in Bulgaria, and if he has been in contact with the Bulgarian authorities in connection with same. [48094/10]

I am aware of the issue to which the Deputy refers. The Irish citizens concerned have been in contact with our Embassy in Sofia. The Embassy advised that they should seek independent legal advice and provided a list of English-speaking lawyers. The Deputy will appreciate that it is not possible for me or our Embassies to become involved in individual private transactions. A number of complaints have been made by Irish citizens who have been involved in property transactions in Bulgaria. During my visit to Bulgaria on 7 October 2010 I raised the matter with the Foreign Minister, Mr. Nikolay Mladenov. Since that time, EU Embassies in Bulgaria have met with Government Ministers and suggested that a single point of contact be established, at Ministerial or deputy Ministerial level, to which representations on concerns regarding property transactions could be addressed. The Ambassador of Ireland in Sofia also wrote to Minister Mladenov on 14 December 2010, recalling my meeting with him, and requesting assistance in establishing such a contact.

I understand that some progress on this matter has been made and it is hoped that a contact point will be designated in the near future. Once the designation is made, our Embassy and other EU Embassies will request an early meeting with the point of contact to discuss the full range of problems experienced by investors in property in Bulgaria, and to explore any possibilities for follow-up action.

Departmental Expenditure

Brian Hayes

Ceist:

623 Deputy Brian Hayes asked the Minister for Foreign Affairs the cost to his Department from 2007 in respect of providing all computer hardware and software, in his private and constituency office in tabular form; and if he will make a statement on the matter. [48158/10]

ICT equipment in my offices is in line with that provided to all staff in the Department. Details of the costs involved are set out in the table below.

Year

Computer Hardware

Software

2007

Nil

Nil

2008

25,000

12,536

2009

Nil

1,331

2010

Nil

2,787

Joan Burton

Ceist:

624 Deputy Joan Burton asked the Minister for Foreign Affairs if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48188/10]

The Department of Foreign Affairs is responsible for two Votes — Vote 28 (Foreign Affairs) and Vote 29 (International Cooperation). Over the five years 2006 to 2010, no payments were made from either Vote to the consultants referred to by the Deputy.

Departmental Websites

Liz McManus

Ceist:

625 Deputy Liz McManus asked the Minister for Foreign Affairs the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48206/10]

My Department currently operates six websites for which costs are set out below. The costs include support & maintenance, hosting and domain registration services.

Website

Cost for Maintaining Sites for 2010

Average Number of Unique Visitors per month

Department of Foreign Affairs family of websites including 68 Mission websites

59,075

The Department website receives 2,880 visits per month; similar information is not available for Mission websites.

Irish Aid family of websites

47,193

10,992

Dublin Cluster Munitions Conference website

528

114

Africa Day 2010 website

1,514

1,833

Communicating Europe Initiative website

4,779

1,536

Global Irish Economic Forum website

695

265

Human Rights Issues

Phil Hogan

Ceist:

626 Deputy Phil Hogan asked the Minister for Foreign Affairs if he will intervene to release the seven prisoners of Baha’i faith from Iranian captivity; and if he will make a statement on the matter. [48571/10]

As the Deputy will be aware from my previous replies on this matter, I am very conscious of the discriminatory treatment of the Baha'i community in Iran and of the particular case of the seven former Baha'i community leaders (known collectively as the Yaran), who have been in detention since 2008 and were sentenced to 20 years' imprisonment in August 2010, with this sentence subsequently being reduced to ten years. I have personally raised the case of the seven imprisoned Baha'i leaders, and matters relating to human rights and religious freedom generally, directly with the Iranian authorities at the highest levels, including with former Iranian Foreign Minister Manouchehr Mottaki in June this year. In addition, my Department frequently conveys my concerns on such matters to the Iranian Ambassador here. Officials of my Department also meet regularly with members of the Baha'i community in Ireland.

The EU High Representative, Catherine Ashton, issued a strong declaration on 12 August, which Ireland fully supported, expressing the EU's serious concern about the sentencing and calling for their immediate release. The declaration drew attention to Iran's obligations to guarantee freedom of religion under the International Covenant on Civil and Political Rights, to which Iran is a signatory. It also called on Iran to put an end to the persecution of the Baha'i community. This follows an earlier EU statement on 12 January 2010, also strongly supported by Ireland, asking that the trial respect international standards. In the event, there was no independent observation of the proceedings and even the defendants' lawyers, to whom the Baha'i had very limited access during their detention, had some difficulty in obtaining entry. There appears to be no evidence that the seven Baha'i have done anything to incur the displeasure of the Iranian authorities other than practice their faith.

The Government is extremely concerned about this sentencing and other signs of the continued and indeed worsening oppression of the Baha'i minority, including reports of the detention of other Baha'i community members, the denial of educational opportunities and the violation of property rights. It would appear that the Iranian authorities are persecuting a minority for their religious beliefs and that they are actively trying to suppress that faith. Ireland will continue to call strongly for the immediate release of the seven Baha'i leaders and the end to the persecution of members of this faith in Iran, including through bilateral contacts, with our EU partners and at the UN.

Product Labelling

Chris Andrews

Ceist:

627 Deputy Chris Andrews asked the Minister for Foreign Affairs the progress that has been made regarding the introduction of labelling of produce from illegally occupied Palestinian territories in view of his statement of January 2010 to explore this issue. [1073/11]

The regulation of produce labelling is not the responsibility of the Department of Foreign Affairs, but is overseen by a number of domestic Departments. In my reply to Question number 299 on 9 November 2010, I reported to the House on the results of my Department's discussion of this issue with those Departments. Taking the matter further forward within the regulatory framework would be a matter for those Ministers and Departments. However, in my reply to that Question I also stated my own view that many consumers would wish to be aware if they were being asked to purchase produce originating in illegal Israeli settlements in the Palestinian territories, and I indicated how this could be done, as follows:

"It is important to be clear that, just as in the UK, there is nothing to stop Irish retailers now, if they wish, from clearly labelling goods to distinguish settlement produce. They could do so along the same simple and obvious lines as in the DEFRA guidelines, as either ‘Produce of the West Bank (Palestinian produce)' or ‘Produce of the West Bank (Israeli settlement)', or any similar wording."

I have placed that Parliamentary Reply on my Department's website, where it may be viewed by or cited to retailers or members of the public.

Middle East Peace Process

Finian McGrath

Ceist:

628 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will actively support at EU and UN level a Palestinian State based on the 1967 borders. [1097/11]

The achievement of a Palestinian State on the current Occupied Territories has been an important objective of successive Irish Governments. This state must be based on the 1967 borders, and no alteration to those borders will be recognised unless it is the subject of mutual agreement between Israel and the Palestinians. This is also the policy of the EU. The Government works in a number of different ways to achieve this objective:

Firstly, I have been very active and engaged at EU, UN and national level to focus attention on the continuing conflict, and to support efforts to reach a comprehensive settlement of the issues. I have made a number of visits to the area and to the wider Middle East region, to learn first hand of the difficulties and encourage the parties to take the necessary steps to achieve peace.

Secondly, both through the EU and bilaterally through Irish Aid we have actively supported the capacity building efforts of the Palestinian Authority, as it works under the plan of Prime Minister Fayyad to prepare itself to exercise the responsibilities of statehood.

Thirdly, we work through Irish Aid to support efforts by UNRWA and other UN agencies, and both Israeli and Palestinian NGOs, to ameliorate the severe impact of the ongoing occupation on the lives of ordinary Palestinians, pending the final ending of the occupation and the achievement of a State of Palestine.

Departmental Expenditure

Lucinda Creighton

Ceist:

629 Deputy Lucinda Creighton asked the Minister for Foreign Affairs the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1176/11]

In 2008, my Department placed a number of questions in Lansdowne Market Research's regular omnibus survey of 1,000 adults throughout the country. The surveys took place from 21 February 2008 to 6 March 2008 and from 2 December 2008 to 24 December 2008. The questions explored the public's attitude to a number of development issues. The amount spent was €14,000. This was part of the Department's awareness campaign to highlight the opening of the new Irish Aid Volunteering and Information Centre on O'Connell Street. In July 2008, my Department commissioned, by way of tender, substantial research in order to clarify the reasons underlying the rejection of the Lisbon Treaty in June 2008 and to provide information on public attitudes toward the European Union. This research, based on a national opinion poll of 2,101 adults and twelve focus groups conducted with a cross section of voter types and demographic groupings, was carried out by Millward Brown IMS at a cost of €138,061. The findings are available on my Department's website.

In light of the ‘Yes' vote in the second Lisbon referendum in October 2009 — and using the 2008 research as a benchmark — my Department commissioned, by way of tender, a follow-up survey in November 2009 in order to provide a basis for identifying the lessons learned from the two referendum campaigns. This consisted of a national opinion poll of 1,002 adults, carried out by Millward Brown Lansdowne at a cost of €30,254. The findings are available on my Department's website. No opinion polling or focus group research was carried out in 2007 or 2010.

Lucinda Creighton

Ceist:

630 Deputy Lucinda Creighton asked the Minister for Foreign Affairs the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1191/11]

There are four bodies operating under the aegis of my Department — the Development Education Advisory Committee (DEAC); the Government Emigrant Services Advisory Committee; the Irish Aid Expert Advisory Group; and The Board of the Ireland-United States Commission for Educational Exchange (the Fulbright Commission). The three advisory committees, the administration of which are serviced directly by my Department, do not have independent budgets. Therefore the provision of mobiles phones by the bodies does not arise. The Board of the Ireland-United States Commission for Educational Exchange is jointly financed by the Irish and US Governments and enjoys autonomy of management and administration, in accordance with the Educational Exchange (Ireland and the United States of America) Act, 1991.

Lucinda Creighton

Ceist:

631 Deputy Lucinda Creighton asked the Minister for Foreign Affairs the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1206/11]

The Department avails of the Mobile Telephony Services Framework operated by the Department of Finance. (Under this Framework, O2 were awarded the contract from October 2008 and again from May 2010. The contract was previously held by Vodafone under the Department of Finance contract.). The table below sets out details of the number of mobile phones and bills paid for by the Department of Foreign Affairs under these contracts during the period 2006 and 2010.

Year

Cost of Mobile Telephony Services

Number of mobiles

2006

199,376

215

2007

161,862

220

2008

155,547

206

2009

89,681

201

2010

117,128

215

International Agreements

Caoimhghín Ó Caoláin

Ceist:

632 Deputy Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs his plans for Ireland to join the UN Convention on Jurisdictional Immunities of States and their Property; and if he will make a statement on the matter. [1288/11]

The United Nations Convention on Jurisdictional Immunities of States and their Property was adopted by the United Nations General Assembly on 2 December 2004. The Convention sets out rules on the immunities of states, and the property of states, from the civil jurisdiction of the courts of other states. It does not address the jurisdiction of courts in criminal proceedings. The Convention is based on work carried out over a number of years by the International Law Commission which laid the basis for subsequent negotiations between states at the UN General Assembly. The Convention was opened for signature at New York on 17 January 2005. To date just 11 states have adhered to the Convention and, according to its terms, it will not enter into force until this number has reached thirty.

The Convention raises a number of complex legal issues that require careful consideration. It is currently under examination within my Department. While this examination has not yet concluded it already seems clear that it will be necessary to enact legislation if the State is to become a party to the Convention. Once my Department's examination is complete it is then intended to consult other relevant Departments and Offices.

Caoimhghín Ó Caoláin

Ceist:

633 Deputy Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if the State will become party to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; and if he will make a statement on the matter. [1511/11]

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

Following consideration by the UN Human Rights Council, the text of the Optional Protocol was presented to the UN General Assembly, which adopted the text by consensus on 10 December 2008.

The Optional Protocol opened for signature in New York in September 2009. Ireland was represented at the opening ceremony. So far thirty five (35) States have signed. Nine of the twenty seven EU member States have signed at this point. Three states have ratified the Optional Protocol: Ecuador, Mongolia and Spain. The Optional Protocol can only come into force three months after the deposit with the UN Secretary-General of the tenth instrument of ratification or accession.

Inter-departmental consultations have been ongoing since the process of negotiating the Optional Protocol began, with my Department playing a coordination role. Most recently, an inter-departmental meeting was hosted by my Department on 14 December 2010 which discussed the possibility of Ireland signing and ratifying the Optional Protocol. It is expected that further inter-departmental consultations on this matter will take place in 2011.

Aengus Ó Snodaigh

Ceist:

634 Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs if Ireland needs to amend the submission made to the United Nations Commission on the Limits of the Continental Shelf in view of Denmark’s submission in December 2010; if his attention has been drawn to other countries making a submission, in relation to the ownership or territorial rights of Rockhall Island and the Rockhall-Hatton Basin in the Atlantic; and if he will make a statement on the matter. [1582/11]

Rockall is a small uninhabitable rock, 25 x 30 metres wide, located approximately 160 nautical miles west of the Scottish islands of St. Kilda and 230 nautical miles to the north-west of Donegal. It marks a point at which the Rockall Bank, part of the very large Hatton-Rockall area of continental shelf extending under the north-east Atlantic Ocean, protrudes 21 metres above sea level. During the 1960s and 1970s the issue of Rockall was a source of legal and political controversy in both Ireland and the United Kingdom. The United Kingdom claims sovereignty over Rockall and has sought to formally annex it under its 1972 Island of Rockall Act.

While Ireland has not recognised British sovereignty over Rockall, it has never sought to claim sovereignty for itself. The consistent position of successive Irish Governments has been that Rockall and similar rocks and skerries have no significance for establishing legal claims to mineral rights in the adjacent seabed and to fishing rights in the surrounding seas.

During the course of the Third United Nations Conference on the Law of the Sea, which took place from 1973 to 1982, Ireland worked hard to achieve agreement on this principle. The UN Convention on the Law of the Sea, which was adopted at the conclusion of the Conference on 10 December 1982, provides at Article 121, paragraph 3 that: "Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf." Rockall falls into precisely this category.

In 1988, Ireland and the UK reached agreement on the delimitation of areas of the continental shelf between the two countries, stretching out up to 500 nautical miles from their respective coastlines. This included the division of the Hatton-Rockall area of continental shelf on which Rockall is situated, although under the terms of the Law of the Sea Convention the location of Rockall was irrelevant to the determination of the boundary. According to that determination, Rockall is situated to the north of the boundary agreed with the UK in 1988 and lies outside the zone claimed by Ireland.

As with any claim to continental shelf lying beyond 200 nautical miles from shore, the UN Convention requires that Ireland and the UK submit their claims for examination to the UN Commission on the Limits of the Continental Shelf. However, the claims to the Hatton-Rockall shelf agreed between Ireland and the UK are not accepted by Iceland or Denmark (on behalf of the Faroe Islands), which make their own claims.

The four countries have met regularly since 2001 in an effort to resolve the overlapping claims issue, but to date have been unable to reach agreement. The 10-year deadline for the making of submissions to the UN Commission expired for Ireland in May 2009. The Government therefore submitted the national claim for this area at the end of March 2009. The deadline for the Faroe Islands is 2014 (because Denmark, which is responsible for the foreign relations of the Faroe Islands, only became a party to the Convention on the Law of the Sea in 2004) and the authorities in the Faroes had kept us informed of their intention to make their submission this year. That submission was lodged with the Commission in New York on 2 December last and is currently being studied by officials in my own Department and the Department of Communications, Energy and Natural Resources.

The Commission's rules of procedure prevent consideration by the Commission of a submission relating to a disputed area without the consent of all the states concerned. Accordingly the purpose of making submissions in accordance with the deadline, as Ireland, the UK and the Faroes have all now done, is to stop the clock on the deadline and preserve each country's legal position. The question of amending Ireland's submission does not arise at this stage. Instead the four states will continue to meet at regular intervals and the Government continues to work for the creation of conditions that will permit consideration of Ireland's submission by the Commission as soon as possible.

The State's continental shelf has already been successfully extended beyond 200 nautical miles in the area to the west of the Porcupine Bank where, following consideration by the UN Commission, 39,000 square kilometres of additional seabed has recently been designated under the 1968 Continental Shelf Act. Together with France, Spain and the UK, we have also made a successful submission to the Commission in relation to a large area of seabed in the Celtic Sea and Bay of Biscay and the four countries have recently begun discussions on the division of this area.

Legal Services

Alan Shatter

Ceist:

635 Deputy Alan Shatter asked the Minister for Foreign Affairs in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitor's firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1623/11]

My Department has a Legal Division, staffed by qualified legal professionals who provide legal advice on a wide range of international legal issues. Having such ‘in-house' legal experts reduces the costs which would be incurred if the Department was to engage externally for similar services. The majority of other instances where legal advice and services have been required by my Department in the State during the period in question have been handled either by the Attorney General's Office or the Chief State Solicitor's Office, or have related to cases processed by the State Claims Agency. As the Deputy will be aware, Government Departments do not directly pay for the legal services provided by the Office of the Attorney General and or the Chief State Solicitor's Office or for advice from Counsel briefed by them.

Nevertheless, there are from time to time occasions where a need to engage external legal services in the State arises, where the necessary specialised expertise is not available within my Department and cannot be accessed from the AGO or the CSSO. In the period in question this occurred on three occasions, the details of which are included in the table below.

Year

Subject matter

Solicitor / Barrister

Fee

Nature of the work

Tendering

2006

Passport biometrics

Mason, Hayes & Curran

39,351.75

Legal advice and associated services

Standard tendering using etender

Preparation of tender for transport provision

Ronan Daly Jermyn Solicitors

10,315.25

Legal advice

Assigned by the CSSO

2007

EPassport

Matheson Ormsby Prentice

1,473.78

Oversight of EPassport certification

Recommended by the CSSO

Legal Proceedings

Alan Shatter

Ceist:

636 Deputy Alan Shatter asked the Minister for Foreign Affairs in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed, judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Office of the Chief State Solicitor and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1638/11]

According to my Department's Litigation Database no court cases were initiated during the period in question in which either myself or my predecessor were named as a defendant in the District Court, Circuit Court or High Court.

Legal Services

Alan Shatter

Ceist:

637 Deputy Alan Shatter asked the Minister for Foreign Affairs with regard to legal services used by his Department, any body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitor’s firm which succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1653/11]

My Department has not engaged in tendering for legal services or engaged legal advice for the preparation of tenders for such services during the period in question. There are no State Agencies for which my Department is responsible. There are four bodies which operate under the aegis of my Department — the Development Education Advisory Committee (DEAC); the Government Emigrant Services Advisory Committee; the Irish Aid Expert Advisory Group; and The Board of the Ireland-United States Commission for Educational Exchange (the Fulbright Commission). The administration of the three advisory committees are serviced directly by my Department, and no legal advice or services have been engaged relating to the operation of these bodies.

The Board of the Ireland-United States Commission for Educational Exchange is jointly financed by the Irish and US Governments and enjoys autonomy of management and administration, in accordance with the Educational Exchange (Ireland and the United States of America) Act, 1991.

Question No. 638 withdrawn.

Community Employment Schemes

Michael Noonan

Ceist:

639 Deputy Michael Noonan asked the Minister for Social Protection if he will provide details of the cuts to the community employment schemes; the way in which this will affect the basic wage of CE scheme participants; and if he will make a statement on the matter. [1069/11]

Community Employment participant wages grants were revised in line with the equivalent Social Welfare payment rates as follows:

Allowances

Participant Wages Grants (Weekly gross) Effective: 01 January 2011

Participant Category (temporary/part-time)

2010 Grant

2011 Grant

Participant without Dependants (Single adult rate)

216.00

208.00

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

346.10

332.80

Each Child Dependant (Full Rate)

29.80

29.80

Each Child Dependant (Half Rate)

14.90

14.90

There is a reduction of €8 in the rate for a Single participant and a reduction of €5.30 in the Qualified Adult allowance. There is no change to the Child Dependant rate.

Civil Partnerships

James Reilly

Ceist:

640 Deputy James Reilly asked the Minister for Social Protection the arrangements in place to facilitate the registration of civil partnerships as per recent legislation passed by Dáil Éireann and signed into law; when the registration of civil partnership will commence in Dublin and Cork; if adequate staff have been put in place; if the relevant systems have been adapted at the relevant offices to allow for the registration of civil partnerships as per the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; and if he will make a statement on the matter. [1275/11]

The provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 were commenced with effect from 1 January, 2011. This includes the provisions concerning the registration of civil partnerships. All of the arrangements necessary to allow a couple to begin the process leading to the registration of a civil partnership are in place. This process begins with the giving to a registrar of notification of intention to enter a civil partnership at least three months before the date of the registration of the civil partnership.

To date, eighteen notifications of intention to enter a civil partnership have been given and a further 63 appointments with registrars for giving notification have been scheduled covering all registration areas including Dublin and Cork. In order to give notification it is necessary to make an appointment with a registrar. The registration staff who deal with notifications for marriage will also deal with notifications for civil partnership. While applicants may experience a delay in obtaining an appointment at some offices, it is thought that this is of a temporary nature due to a combination of pent-up demand for civil partnership registration and the seasonality of higher demand for notification in respect of marriages at this time of year. Having regard to this and the fact that appointments for giving of notification can be sought at any registrar's office, it is considered that, overall, existing staff resources should be sufficient to meet on-going demand.

The civil registration computer system to facilitate civil partnership registration is being developed and it is anticipated that this will be deployed at registration offices later this month. Pending its deployment manual systems are being used. The computer system will be deployed well in advance of the first civil partnership registration which is not due to take place until early April, 2011. In the meantime manual procedures can adequately accommodate the volume of activity. Details relating to civil partnership registration including an information booklet on the matter are available on website; www.groireland.ie

Redundancy Payments

Thomas Byrne

Ceist:

641 Deputy Thomas Byrne asked the Minister for Social Protection the status of an application for redundancy in respect of a person (details supplied) in County Meath. [1435/11]

On 1 January 2011, my Department assumed responsibility for making redundancy payments from the Social Insurance Fund. There are two types of redundancy payment made from the fund i.e. 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 a statutory redundancy lump sum claim in respect of the individual concerned was received on 28 September, 2010. This claim is pending processing. Lump sum claims dating from May 2010 are currently being processed.

Thomas Byrne

Ceist:

642 Deputy Thomas Byrne asked the Minister for Social Protection the position regarding an application for redundancy payment in respect of a person (details supplied) in County Meath. [1454/11]

On 1 January 2011, my Department assumed responsibility for making redundancy payments from the Social Insurance Fund. There are two types of redundancy payment made from the fund i.e. 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 wish to advise the Deputy that there is no record of a valid redundancy claim on the Redundancy Payments System in respect of the individual in question. It is normal practice not to enter incomplete claims on the system as these claims cannot be processed until the necessary documentation is submitted. Forms are returned in order for missing details and/or supporting documentation to be submitted. Submission of correctly completed redundancy claim forms (RP50's) with all of the required documentation greatly facilitates the processing of claims.

Thomas Byrne

Ceist:

643 Deputy Thomas Byrne asked the Minister for Social Protection the status of an application for redundancy in respect of a person (details supplied) in County Meath. [1512/11]

On 1 January 2011, my Department assumed responsibility for making redundancy payments from the Social Insurance Fund. There are two types of redundancy payment made from the fund — 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 or liquidation. I can confirm that a statutory redundancy lump sum claim in respect of the individual concerned was received on 19 July 2010. This claim is pending processing. Lump sum claims dating from May 2010 are currently being processed.

Departmental Expenditure

Aengus Ó Snodaigh

Ceist:

644 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the number and the cost of the 2011 diaries produced and distributed by him. [48086/10]

Aengus Ó Snodaigh

Ceist:

645 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the number and the cost of the 2006 diaries produced and distributed by him. [48087/10]

Aengus Ó Snodaigh

Ceist:

646 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the number and the cost of diaries produced and distributed by him. [48088/10]

I propose to take Questions Nos. 644 to 646, inclusive, together.

The number and cost of diaries produced in respect of the years 2006 to 2011 is set out in the table that follows this reply. An instruction has issued that no such diary is to be produced for 2012.

Year

Number of Diaries produced

Total Cost of Production

2006

8,000

19,298.29

2007

8,500

23,012.99

2008

10,000

26,638.15

2009

8,500

23,410.16

2010

6,500

17,216.55

2011

8,000

17,254.60

Proposed Legislation

Caoimhghín Ó Caoláin

Ceist:

647 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection his plans to amend section 246 of the Social Welfare Consolidation Act 2005; and if he will make a statement on the matter. [48090/10]

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The current legislation for this is set out in section 246 of the Social Welfare Consolidation Act, as amended. A person who does not satisfy the habitual residence condition is not eligible for specified social welfare payments, regardless of citizenship, nationality, immigration status or any other factor. The purpose of this condition is to safeguard the social welfare system from abuse by restricting access for people who are not economically active and who have little or no established connection with Ireland. It is not my intention to fundamentally change this requirement. However, I am on an ongoing basis reviewing the condition to ensure that it operates in a user friendly and fair manner. Any change to the legislation would have to be considered carefully to ensure it did not give rise to unintended consequences.

Social Welfare Code

Arthur Morgan

Ceist:

648 Deputy Arthur Morgan asked the Minister for Social Protection if his attention has been drawn to an anomaly that exists whereby an unmarried couple are assessed as a couple for the purposes of social welfare but are not recognised as a couple for the purposes of Revenue; and if he will make a statement on the matter. [48091/10]

It is understood that this question relates to the treatment of cohabiting couples in the social welfare and tax systems. These systems have evolved over time and in response to a variety of factors, including constitutional imperatives as interpreted by the courts, changing social trends and EU Directives. The social welfare code recognises the couple status of co-habiting couples and treats married and co-habiting couples in a similar manner. The EEC Equality Directive 79/9 and the subsequent Supreme Court case (Hyland v. Minister for Social Welfare, 1989) led to the change in the treatment of non-married cohabiting couples in the social welfare code. The court ruled that it was unconstitutional for the total income a married couple received in social welfare benefits to be less than the couple would have received if they were unmarried and cohabiting. The income tax arrangements and subsequent legislation for cohabiting couples are matters for the Minister for Finance.

Social Welfare Appeals

Sean Sherlock

Ceist:

649 Deputy Seán Sherlock asked the Minister for Social Protection the position regarding a carer’s allowance appeal in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [48136/10]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. The person concerned will be informed when arrangements have been made. 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.

John McGuinness

Ceist:

650 Deputy John McGuinness asked the Minister for Social Protection if a claim for jobseeker’s allowance now under appeal will be approved and payment expedited in respect of a person (details supplied) in County Kilkenny. [48146/10]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. The person concerned will be informed when arrangements have been made. 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.

John McGuinness

Ceist:

651 Deputy John McGuinness asked the Minister for Social Protection if he will expedite an application for carer’s allowance now under appeal in respect of a person (details supplied) in County Kilkenny. [48147/10]

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, has allowed the appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Expenditure

Brian Hayes

Ceist:

652 Deputy Brian Hayes asked the Minister for Social Protection the cost to his Department from 2007 in respect of providing all computer hardware and software, in his private and constitutency office in tabular form; and if he will make a statement on the matter. [48161/10]

The total expenditure by the Department on computer equipment and related items, including computer hardware and software for Ministerial (private and constituency) offices, for 2007 to 2009 is as follows: 2007, €15,188,963; 2008, €18,061,443; and 2009, €13,430,478. The final expenditure for 2010 is not yet available.

Pension Provisions

James Bannon

Ceist:

653 Deputy James Bannon asked the Minister for Social Protection the position regarding entitlement to an invalidity pension following the expiration of their illness benefit in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [48168/10]

Invalidity Pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions. On 9 December 2010, the person concerned was refused Invalidity Pension on the grounds that he was not considered to be permanently incapable of work, and he has been notified of this decision. Further medical evidence was received which was sent for review on 5 January 2011. This review was unsuccessful and he was notified of this on 7 January 2011.

Social Welfare Benefits

James Bannon

Ceist:

654 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for a disability allowance in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [48173/10]

The person concerned applied for disability allowance on 5 October 2010. In order to determine his means, a deciding officer wrote to him on 7 January 2011 asking him to forward confirmation regarding certain aspects of his means.

A decision will be made on his application upon receipt of the requested documentation.

Social Welfare Appeals

James Bannon

Ceist:

655 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for carer’s allowance in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [48174/10]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 28 June 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 04 November 2010 and the appeal has been referred to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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.

Departmental Expenditure

Joan Burton

Ceist:

656 Deputy Joan Burton asked the Minister for Social Protection if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48191/10]

The Department made no payments to the company concerned in the past five years.

Departmental Websites

Liz McManus

Ceist:

657 Deputy Liz McManus asked the Minister for Social Protection the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48209/10]

The Department currently maintains three external websites which provide information and access to online services for over 180,000 unique visitors each month:

www.welfare.ie

www.groireland.ie

www.nationalpensionsframework.ie

The Social Welfare Appeals Office operates independently of the Department and provides an independent appeals service. It maintains the website www.socialwelfareappeals.ie .

Agencies under the remit of the Department maintain another seven websites. The Citizens Information Board maintains the following five websites:

www.citizensinformation.ie

www.citizensinformationboard.ie

www.assistireland.ie

www.losingyourjob.ie (launched March 2009)

www.keepingyourhome.ie (launched January 2010).

The Pensions Board maintains the website www.pensionsboard.ie. The Office of the Pensions Ombudsman website www.pensionsombudsman.ie is supported and maintained by the Department's staff.

Details of the expenditure on each website are set out in the following table and, where available, the average monthly unique visitors are included.

The development and ongoing maintenance of these websites is subject to the Department's project governance provisions and in the case of websites for agencies under the remit of the Department, are also subject to the Code of Practice for the Governance of State Bodies.

I am satisfied that the governance processes in place ensure value for money and adherence to security, data protection and accessibility standards and that these websites provide a high quality resource for customers.

Organisation

Website

2010 Cost

Average Monthly Unique Visitors

Department of Social Protection

www.welfare.ie

53,870

182,000

Department of Social Protection

www.groireland.ie

661

Unavailable

Department of Social Protection

www.nationalpensionsframework.ie

816

800

Social Welfare Appeals Office

www.socialwelfareappeals.ie

212

Unavailable

Citizens Information Board

www.citizensinformation.ie

228,420

375,000

Citizens Information Board

www.citizensinformationboard.ie

683

13,500

Citizens Information Board

www.assistireland.ie

27,400

36,000

Citizens Information Board

www.losingyourjob.ie

2,179

5,000

Citizens Information Board

www.keepingyourhome.ie

612

2,500

Pensions Board

www.pensionsboard.ie

22,428

10,200

Pensions Ombudsman

www.pensionsombudsman.ie

230

9,252

Social Welfare Benefits

Jack Wall

Ceist:

658 Deputy Jack Wall asked the Minister for Social Protection further to Parliamentary Question No. 218 of 30 November 2010, if the person (details supplied) in County Kildare will qualify under their spouses record; and if he will make a statement on the matter. [48221/10]

The person concerned does not qualify for the Medical Appliance Benefit, either on her own or spouse's PRSI record.

Social Welfare Appeals

John McGuinness

Ceist:

659 Deputy John McGuinness asked the Minister for Social Protection the position regarding a claim for State pension in respect of a person (details supplied) in County Carlow. [48273/10]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20 May 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 23 September 2010 and the appeal has been referred to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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.

John McGuinness

Ceist:

660 Deputy John McGuinness asked the Minister for Social Protection if disability allowance will be approved in respect of a person (details supplied) in County Kilkenny. [48275/10]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14 August 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 03 December 2010 and the appeal has been referred to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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.

Róisín Shortall

Ceist:

661 Deputy Róisín Shortall asked the Minister for Social Protection when a decision will issue regarding an appeal for domiciliary care allowance in respect of a person (details supplied) and if he will expedite the application. [48289/10]

The appeal in this case was heard on the 2 November 2010 and the appellant was successful. She was notified of this outcome in writing on the 17 December 2010. Payment of Domiciliary Care Allowance will commence in January 2011 with all arrears due issuing with the first payment.

Social Welfare Benefits

James Reilly

Ceist:

662 Deputy James Reilly asked the Minister for Social Protection the length of time it will take for disability allowance to be granted in respect of a person (details supplied) in County Dublin; if this application will be prioritised in view of the financial difficulties of the person; and if he will make a statement on the matter. [48290/10]

The person concerned applied for disability allowance on 29 April 2010. His claim was assessed by a medical assessor who was of the opinion that he was not medically suitable for disability allowance. The deciding officer accepted that medical opinion and refused his claim.

A letter issued to the person on 26 November 2010 advising him of this decision.

The person concerned is currently in receipt of supplementary welfare allowance of €33.10 per week. His spouse is in receipt of invalidity pension at the weekly rate of €223.30 plus half rate carers allowance of €102.00 per week.

It is open to the person's spouse to claim her husband as an adult dependant on her invalidity claim and a form has issued to her in this regard. When the completed form is received a decision will be made on her entitlement to an increase.

Social Welfare Appeals

Willie O'Dea

Ceist:

663 Deputy Willie O’Dea asked the Minister for Social Protection when a decision will issue on an application for disability allowance in respect of a person (details supplied) in County Limerick. [48408/10]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22 October 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 01 December 2010 and the appeal has been referred to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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.

Question No. 664 withdrawn.

Community Development

Billy Timmins

Ceist:

665 Deputy Billy Timmins asked the Minister for Social Protection the position regarding the new community work programme; the reason for the delay in same; and if he will make a statement on the matter. [48426/10]

The Minister for Finance announced a community work placement initiative for up to 5,000 persons in his Budget statements to the Dáil on the 7th December 2010. This initiative, to be known as Tús, was launched by me on the 21st December 2010. The aims of Tús are to provide short-term, quality work opportunities for those who are unemployed for more than a year. Tús will be delivered at local level by each of the Local Development Companies and by Údarás na Gaeltachta.

Work has already begun on the roll-out of Tús in Westmeath and in the Northside Partnership area in Dublin. To participate, potential candidates have until the 24th January to respond to a request issued by my Department and I expect the first placements to be offered to candidates in February. Implementation will follow in other areas as other Local Development Companies conclude arrangements with my Department. I do not accept that there has been any delay in rolling out the programme and I will be working to ensure this is done as expeditiously as possible.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

666 Deputy Bernard J. Durkan asked the Minister for Social Protection when rent support will be restored in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [48437/10]

The Health Service Executive (HSE) has advised that payment of rent supplement, including arrears, will issue to the persons concerned at the end of January 2011.

Pension Provisions

Bernard J. Durkan

Ceist:

667 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason a person (details supplied) in County Dublin is not in receipt of a full State pension; and if he will make a statement on the matter. [48438/10]

The qualifying conditions for State pension (contributory) require the applicant to have entered insurable employment before attaining the age of 56 years; have at least 260 paid contribution weeks, from employment or self-employment, since entry into insurance; satisfy the yearly average condition.

The person concerned satisfies the above conditions and has a total of 478 reckonable (paid and credited) PRSI contributions. When this total is divided by 50 (the number of years from date of entry into insurance to the end of the last tax year prior to reaching age 66), this gives a yearly average of 10 contributions, and entitles him to a reduced State pension (contributory) of €115.20 per week (50% of the maximum rate). In order to qualify for a maximum rate pension, a yearly average of 48 or more would be required.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

668 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding invalidity appeal in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48440/10]

Following a second medical examination and having considered all the evidence, the appeals officer disallowed the appeal for the person concerned.

Payment of invalidity pension was terminated with effect from 5th November 2009.

The decision of an appeals officer is final and conclusive in the absence of fresh facts or evidence.

With regard to the latest information received on 5th January 2011, in relation to the person concerned, it is considered that it contains no fresh facts or evidence and accordingly there is no ground to review the appeals officer's decision.

The person concerned was approved for jobseekers allowance with effect from 10th November 2009 and is currently in payment at the personal rate of € 188.00 per week.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

669 Deputy Bernard J. Durkan asked the Minister for Social Protection when rent support will be offered in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48441/10]

The Health Service Executive has advised that the person concerned has been in receipt of a rent supplement since November 2008.

Bernard J. Durkan

Ceist:

670 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an application for one parent family allowance in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48442/10]

Bernard J. Durkan

Ceist:

717 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an application for one parent family allowance in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1417/11]

I propose to take Question Nos. 670 and 717 together.

The person concerned applied for one parent family payment from 30th September 2010. Her claim was disallowed on the grounds that she is not considered to be habitually resident in the state.

Bernard J. Durkan

Ceist:

671 Deputy Bernard J. Durkan asked the Minister for Social Protection when rent support will be restored to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48443/10]

The Health Service Executive has advised that payment of rent supplement has been suspended in this case since September 2010 as it has been unable to establish the household composition for this case.

The HSE has further advised that it now expects to be in a position to make a revised decision in relation to her entitlement shortly.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

672 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when disability or invalidity pension will issue in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48444/10]

Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was opened and in the context of that appeal, his case was reviewed by a second Medical Assessor who also expressed the opinion that he was capable of work.

I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford him an opportunity of setting out the complete and up to date grounds of his appeal. On receipt of his response the relevant departmental papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration. His invalidity pension appeal will be dealt with on a similar basis.

The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

673 Deputy Bernard J. Durkan asked the Minister for Social Protection when child benefit will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48445/10]

The person concerned submitted a number of claims for Child Benefit in respect of her son. Her claim was disallowed on each occasion as she did not satisfy the habitual residence condition.

Her spouse subsequently submitted a claim in respect of their son and was awarded Child Benefit from January 2010. This claim has been paid up to and including January 2011. However, this payment is currently suspended as he has failed to return correspondence within the requested timeframe. The correspondence consisted of a residency certificate which issued on the 25th November and to which a response was required within 21 days.

Bernard J. Durkan

Ceist:

674 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason a difference in determination of means emerged in the case of a person (details supplied) in County Kildare as between his Department and the Health Service Executive while despite mortgage arrears, ESB and other utility bill arrears, it has not been found possible to offer any assistance from any quarter, notwithstanding that persons in a similar situation have received hardship payment; if he will ensure the case is fully investigated; and if he will make a statement on the matter. [48447/10]

The Health Service Executive has advised that there is no record of a claim under the supplementary welfare allowance (SWA) scheme for the person in question.

The Department's records show that a claim for disability allowance (DA) from the person concerned was disallowed in December 2009 by a Deciding Officer who deemed that his weekly means were higher than the statutory limit for DA. The means assessed were derived from the insurable employment of the spouse of the person concerned. Under Social Welfare legislation, mortgage repayments and utility bills are not deductable when calculating means.

A letter issued to the person concerned in December 2009 advising him of this decision and of his right of appeal to the independent Social Welfare Appeals office. The person concerned subsequently appealed this decision to the independent Social Welfare Appeals Office who upheld the decision to refuse DA. The person concerned was notified of this decision in writing in May 2010.

The methodology for calculating an individual's means, and the income disregards allowed can vary from scheme to scheme. The operational guidelines on the Department's website provide details of income assessments for means tested schemes.

Should the person concerned wish to make an application for assistance under the SWA scheme he should contact the community welfare officer at his local health centre in order that he can have his claim for entitlements examined.

Bernard J. Durkan

Ceist:

675 Deputy Bernard J. Durkan asked the Minister for Social Protection the current social welfare payment received by a person (details supplied) in County Kildare; if this payment will continue pending a current claim; and if he will make a statement on the matter. [48449/10]

The Health Service Executive has advised that the person concerned is currently in receipt of a basic supplementary welfare allowance payment and a rent supplement payment at the rate appropriate to his particular circumstances. The assessment of entitlement made by the community welfare officer takes into account the family composition and all household income.

The person concerned will continue to receive these payments until there is a change in circumstances which would warrant a review of his entitlements.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

676 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding a domiciliary care allowance appeal in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48450/10]

I am advised by the Social Welfare Appeals Office that an oral hearing of this case took place on 24 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 of the Appeals Officer decision when the appeal has been determined.

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 Welfare Benefits

Bernard J. Durkan

Ceist:

677 Deputy Bernard J. Durkan asked the Minister for Social Protection the level of jobseeker’s allowance awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48452/10]

The weekly rate of jobseeker's allowance payable to the person concerned is €135.70.

This consists of a personal rate of €188.00 plus €44.70 qualified child allowance less weekly means of €97.00 in respect of his partner's earnings.

Bernard J. Durkan

Ceist:

678 Deputy Bernard J. Durkan asked the Minister for Social Protection when child benefit payments will be restored in the case of a person (details supplied) in County Kildare in view of the fact that all documentation required has already been submitted; and if he will make a statement on the matter. [48454/10]

Correspondence issued to the Lithuanian authorities on 12 October 2010 in relation to the person concerned, querying her entitlement to family benefits in that State as her son now resides there. As of now a reply has not been received to this correspondence. However, based on experience of this type of case a reply from the Lithuanian authorities could take between 3 and 6 months.

On receipt of a reply from the Lithuanian authorities entitlement to Child Benefit will be examined and the person concerned will be notified accordingly.

Bernard J. Durkan

Ceist:

679 Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) in County Wicklow qualifies for rent support; and if he will make a statement on the matter. [48455/10]

The Health Service Executive has advised that there is no record of an application for rent supplement from the person concerned. If the person concerned wishes to make an application for rent supplement he should contact the community welfare officer at his local health centre.

Bernard J. Durkan

Ceist:

680 Deputy Bernard J. Durkan asked the Minister for Social Protection when one parent family allowance will be restored to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48458/10]

According to the records of the Department the person concerned has been in receipt of one parent family payment without interruption for over 12 months.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

681 Deputy Bernard J. Durkan asked the Minister for Social Protection if he will use his discretionary powers to refer back to the appeals officer for reconsideration the appeal file in the case of a person (details supplied) in County Kildare with particular reference to the actual specifics of the case; and if he will make a statement on the matter. [48459/10]

Further to my response to PQ 26865/10 on 22 June 2010 and PQ 41415/10 on 9 November 2010, I am advised by the Social Welfare Appeals Office that there is no update to the information given previously. The person concerned has not supplied any new evidence or new facts since the previous responses.

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 Welfare Benefits

Bernard J. Durkan

Ceist:

682 Deputy Bernard J. Durkan asked the Minister for Social Protection when arrears of disability benefit, disability allowance or job seeker’s allowance will be paid in the case of a person (details supplied) in County Kildare having particular regard to the fact that an incorrect decision was made; and if he will make a statement on the matter. [48461/10]

The person concerned claimed illness benefit from 10th September 2009 to 11th September 2010 when her entitlement ceased as she had paid less than 260 PRSI contributions from the time she entered insurable employment.

The person concerned continued to submit medical certificates, certifying that she was unfit for work, up to 17th November 2010. She was awarded jobseeker's allowance from 18th November 2010 and she has been paid to date.

Bernard J. Durkan

Ceist:

683 Deputy Bernard J. Durkan asked the Minister for Social Protection the current rate of rent allowance support payable in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [48462/10]

The Health Service Executive (HSE) has advised that one of the persons in question was awarded rent supplement as a single person from 22 October 2010 to 31 December 2010. The temporary nature of this award reflected the fact that the amount of the rent claimed was in excess of the maximum rent limit for a single person. If the household circumstances have changed, it remains open for both persons concerned to make a new application for rent supplement.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

684 Deputy Bernard J. Durkan asked the Minister for Social Protection if an appeal is being considered in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48463/10]

I am advised by the Social Welfare Appeals Office that an oral hearing of this case took place on 11 January 2011 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 of the Appeals Officer decision when the appeal has been determined.

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 Welfare Benefits

Bernard J. Durkan

Ceist:

685 Deputy Bernard J. Durkan asked the Minister for Social Protection if he will indicate when full mortgage support will be restored in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48465/10]

The purpose of mortgage interest supplement is to provide short term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only.

The Health Service Executive has advised that following a review of the claim in July 2010, the rate of mortgage interest supplement was reduced from €489.60 to €32 per calendar month reflecting the reduction in the interest repayments on the loan.

The HSE has further advised that this amount is the full and correct amount payable based on his circumstances.

Bernard J. Durkan

Ceist:

686 Deputy Bernard J. Durkan asked the Minister for Social Protection if jobseeker’s allowance will be paid in the case of a person (details supplied) in County Kildare; when payment will be made; and if he will make a statement on the matter. [48466/10]

According to the records of the Department no application for jobseeker's allowance has been received from the person concerned.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

687 Deputy Bernard J. Durkan asked the Minister for Social Protection if a backdated appeal in respect of arrears will be allowed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48468/10]

No application has been received from the person concerned for payment of jobseeker's allowance for the period 6th September 2010 to 24th September 2010.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

688 Deputy Bernard J. Durkan asked the Minister for Social Protection in respect of jobseeker’s allowance the period in which a person (details supplied) in County Kildare is deemed to have means of €139.00 per week; and if he will make a statement on the matter. [48469/10]

One of the conditions for receipt of Jobseeker's Allowance is that the person must satisfy the means test. The person concerned was awarded Jobseeker's Allowance with effect from 12 July 2010 at a weekly rate of €49.00. His means which are derived from self employment are based on net earnings of €7,215.62 during the period 22 June 2009 — 18 June 2010.

If there has been a change in his circumstances, he should contact his local Social Welfare Branch Office to request a review of the means assessment.

Bernard J. Durkan

Ceist:

689 Deputy Bernard J. Durkan asked the Minister for Social Protection when rent arrears will be paid in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48503/10]

The Health Service Executive has advised that no arrears of rent supplement are due to the person concerned and they are not aware of any issue in this regard.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

690 Deputy Bernard J. Durkan asked the Minister for Social Protection if an appeal in respect of an application for domiciliary care allowance will be heard in the case of a person (details supplied) in County Kildare. [48505/10]

In the case in question an application for Domiciliary Care Allowance (DCA) was received on the 20th October 2009. This application was referred to one of the Department's Medical Assessors who found that the child was not medically eligible for DCA. A letter issued to the person concerned on the 25th November 2009 advising her of the decision to refuse DCA. She subsequently lodged an appeal against this decision. The Social Welfare Appeals Office informed her on the 7th December 2010 that the appeal had been disallowed.

The decision/appeal process for this application is now complete. All the information available at that time was provided to the appeals officer before the appeal was considered. However, if the person concerned has additional information which was not made available to the deciding officer and appeals officer when they made their decision, it is open to her to re-apply.

Community Employment Schemes

Brian Hayes

Ceist:

691 Deputy Brian Hayes asked the Minister for Social Protection the number of persons in community employment schemes nationally, and of those the breakdown of social welfare payments and benefits category by category; if he will confirm that those CE participants in receipt of unemployment benefit or unemployment assistance are not entitled to claim CE payments, whereas all other category of social welfare recipient effectively obtains a double payment under community employment; the cost of this double payment; the reason unemployment assistance and unemployment benefit recipients are not treated the same as other groups within the social welfare code; and if he will make a statement on the matter. [48522/10]

There were 23,068 persons participating on community employment schemes (of whom 1,416 are supervisors) on 6th December, 2010. The breakdown by eligibility is as follows:

Description

Total

Blind Pension

14

Carers Allowance

9

Disability Allowance

2,050

Disability Benefit

790

Deserted Wives Benefit

173

Employment Action Plan

25

Ex Offenders

6

Invalidity Pension

1,537

Offshore Island Inhabitants

11

One Parent Family Payment

4,659

Supervisor Status

1,416

Disability Referral

43

Qualified Adult Dependent

55

Refugees

4

Exception (Special)

184

Task Force Response (Drugs)

228

Travellers on Live Register

55

Travellers on Lone Parents

18

Traveller Training Centre

0

Jobseekers Allowance

6,653

Adult Dependent Swap — JA

59

Jobseekers Benefit

4,375

Adult Dependent Swap — JB

16

Widow/ers

688

Total

23,068

Persons meeting the scheme criteria and in receipt of the requisite duration of unemployment benefit or unemployment assistance are entitled to participate on CE. Jobseeker clients swap their main and dependants payments entirely over to CE. Participant wages grants as of 1st January 2011, are as follows:

Participant Category (temporary/part-time)

Grant

Participant without Dependants (Single adult rate)

208.00

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

332.80

Each Child Dependant (Full Rate)

29.80

Each Child Dependant (Half Rate)

14.90

In relation to ‘double payments', only specific categories of social welfare recipient continue to receive all or part of such payments while participating on CE, these categories are lone parents and persons with a disability. Persons in receipt of disability-related payments only receive the CE single adult rate from FÁS as well as their main social welfare payment, which is partially or fully retained, and covers any dependants they may have. Lone parents retain most of their social welfare payment as well as receiving the CE single adult rate plus any relevant child dependant allowances from FÁS (See table)

Community Employment: Estimated Additional Cost of CE Participation (paid by DSP)

Number

Total

Estimated DSP payment in addition to FÁS CE Payment

Total Additional Cost per week

Total Annual Additional Cost

#

#

Lone Parents

4,659

Traveller Lone Parents

18

Deserted Wife’s Allowance

173

4,850

185.80

901,130

46,858,760

Widow/ers Pension

688

688

193.50

133,128

6,922,656

Disability Allowance

2,050

2,050

153.50

314,675

16,363,100

Blind Pension

14

14

153.50

2,149

111,748

Illness Benefit

790

790

188.00

148,520

7,723,040

Invalidity Pension

1,537

1,537

193.50

297,410

15,465,294

Total

9,929

93,444,598

Note: Lone Parent additional costs include 1 dependant only. All other categories have no dependants included.

All above costs are estimated as they are subject to means assessment.

Additional costs based on Budget 2011.

Social Welfare Appeals

Dan Neville

Ceist:

692 Deputy Dan Neville asked the Minister for Social Protection if a carer’s allowance appeal will be expedited in respect of a person (details supplied) in County Limerick. [48529/10]

I am advised by the Social Welfare Appeals Office that, the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing on 13 January 2011. The person concerned has been notified of the arrangements.

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 Welfare Code

Finian McGrath

Ceist:

693 Deputy Finian McGrath asked the Minister for Social Protection the position regarding Irish citizens abroad receiving State pensions (details supplied). [48538/10]

The table below shows the numbers of Irish citizens currently living abroad who are in receipt of a State pension.

State Pension Transition

State Pension Contributory

Widow(er)’s Contributory Pension

England

121

12,483

1,254

US

35

3,876

244

Australia

72

1,745

132

Other

308

9,618

423

Totals

536

27,722

2,053

These State pensions are based on an individual's social insurance record, and accordingly can be paid to any person who fulfils the qualifying criteria, regardless of their country of residence.

The total value of weekly State pension (transition) and State pension (contributory) payments to people residing abroad is in the region of €130 million per annum. It is not possible at this time to ascertain the exact value of payments to widow(ers) category.

Social Welfare Benefits

James Bannon

Ceist:

694 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for invalidity pension or benefit in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [48560/10]

Invalidity Pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions.

On 7th January, 2011, the person concerned was refused Invalidity Pension on the grounds that she was not considered to be permanently incapable of work and she has been notified of this decision.

Social Welfare Appeals

James Bannon

Ceist:

695 Deputy James Bannon asked the Minister for Social Protection the position regarding carer’s allowance in respect of a person (details supplied) in County Longford and their spouse’s application for a disability allowance. [48564/10]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence disallowed the appeal of the person concerned.

Following receipt of additional evidence the Appeals Officer has decided to re-open the appeal by way of oral hearing. The person concerned will be informed when arrangements have been made.

The spouse of the person concerned is in receipt of the maximum rate of disability allowance including fuel allowance.

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.

Bernard J. Durkan

Ceist:

696 Deputy Bernard J. Durkan asked the Minister for Social Protection when an oral hearing will be arranged in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1017/11]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. The person concerned will be informed when arrangements have been made. In order to be fair to all appellants, oral hearings are arranged in strict chronological order. There was a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There was an increase of a further 25% in the number of appeals received in 2010. These increases have caused delays in the processing of appeals.

A number of initiatives have been put in place to enhance the capacity of the office to deal with the current caseload and inflows. In that regard:

3 additional Appeals Officers were assigned to the Office in 2009,

A number of additional staff were assigned to the administration area of the Office,

The organisation of the Appeals Officer's work has been changed so as to increase productivity,

A project to improve the business processes in the office was undertaken which has resulted in a number of improvements being implemented, and

Significant enhancements have been made to the office's IT and phone systems.

In addition, it was decided to use experienced retired staff strictly on a short term basis to supplement the current resources and the services of eight retired officers have now been secured on a part-time basis and have been operating since July 2010. I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice. 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 Welfare Benefits

Bernard J. Durkan

Ceist:

697 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when jobseeker’s allowance will be restored in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1020/11]

According to the records of the Department the person concerned has not claimed jobseeker's benefit or jobseeker's allowance since January 2008.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

698 Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 73 of 8 December 2010, if he will accept this parliamentary question as an appeal in view of the fact that the previous determination of means was incorrect in the case of social welfare payment in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [1021/11]

I am informed by the Social Welfare Appeals Office that a form for the opening of an appeal has been forwarded to the person concerned and requesting him to state the grounds for his appeal. On receipt of his reply the appeal will be opened and processed in the normal manner.

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.

Departmental Staff

Deirdre Clune

Ceist:

699 Deputy Deirdre Clune asked the Minister for Social Protection if he will provide in tabular form a breakdown of the number of staff engaged to process dental and optical benefits in the years 2008, 2009 and 2010; and if he will make a statement on the matter. [1070/11]

The Treatment Benefit Scheme (which includes Optical and Dental Benefits) was staffed to the following levels at 31st December in each of the years in question:

HEO

EO

SO

CO

Total

2008

2

6

4.73

69.3

82.03

2009

2

5

5.73

69.3

82.03

2010

1

3

2.75

32.0

38.75

The reduction in staff levels in 2010 reflected the reduction in claim volumes following the Budget changes announced in December 2009, which limited the scope of the optical and dental elements of the scheme to a free examination.

Staffing levels in the area are reviewed on a regular basis and adjusted as required to ensure that an efficient quality customer service is delivered to customers and practitioners.

Social Welfare Benefits

Terence Flanagan

Ceist:

700 Deputy Terence Flanagan asked the Minister for Social Protection if he will deal with a matter (details supplied) regarding entitlements; and if he will make a statement on the matter. [1074/11]

In 2011, self-employed workers will be liable for PRSI at the Class S rate of 4% — the same personal rate as is paid by ordinary employees. However, employers also make a PRSI contribution of 10.75% in respect of their employees, resulting in the payment of a combined 14.75% rate per employee under full-rate PRSI Class A. As a result, ordinary employees can build entitlement towards the full range of social welfare benefits. Class S contributions will continue to provide cover for long-term benefits such as State pension (contributory) and widow's/widower's pension (contributory) only.

PRSI coverage is related to the risks associated with employment or self-employment, the annualised system of contributions for self-employed people and the practicalities of administering and controlling access to short-term payment for self-employed people. A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems.

The 2005 Actuarial Review of the Social Insurance Fund found that the fund favours the self-employed over the employed when both employer and employee contributions are included in respect of the employed person. The analysis demonstrates that, despite the fact that they are eligible for a narrower range of benefits, self-employed persons can gain substantially more from the fund than employees.

There are no plans to extend cover for short-term benefits to this group of insured workers. Any such measure would have significant financial implications and would have to be considered in the context of a much more significant rise in the rate of contribution payable.

In terms of current supports available to self-employed persons it may be noted that, in certain cases, a self-employed person who had insurable employment in the relevant year, currently 2008, and had paid sufficient Class A contributions may qualify for a jobseeker's benefit payment, provided all the conditions of the scheme are satisfied.

A self-employed person who has paid insufficient Class A contributions may instead qualify for jobseeker's allowance. Jobseeker's allowance is a means-tested payment and in assessing a person's means for the purposes of this allowance, account is taken of all income which the person may reasonably expect to receive during the succeeding year. In general, their means will take account of the level of earnings in the last twelve months in determining their expected income for the following year. In the current climate, account is taken of the downward trend in the economy and it is accepted that future earnings may be lower than those of previous years. The process also recognises the potential for significant upward or downward variations in income from one year to the next.

Self-employed people who are on jobseeker's allowance for twelve months or more will be eligible for the new Tús initiative of community work placement, which will pay the full rate of jobseeker's allowance plus an extra €20.

Sean Fleming

Ceist:

701 Deputy Seán Fleming asked the Minister for Social Protection if an application for mortgage interest supplement in respect of a person (details supplied) in County Laois can be re-examined with a view to approving this payment; and if he will make a statement on the matter. [1087/11]

The Health Service Executive (HSE) has advised that the person concerned was refused mortgage interest supplement in 2008 as the residence in respect of which the loan is payable was offered for sale and, in the opinion of the HSE, the amount of mortgage interest payable by the claimant exceeded such amount as it considers reasonable to meet his or her residential needs. The HSE further advised that the person concerned appealed the decision to the HSE Appeals Office and the decision was upheld. The person concerned further appealed the decision to the Social Welfare Appeals Office and the decision was again upheld.

Social Welfare Code

Leo Varadkar

Ceist:

702 Deputy Leo Varadkar asked the Minister for Social Protection the reason jobseeker’s benefit is limited to nine months while illness benefit is perpetual; and if he will make a statement on the matter. [1119/11]

The social welfare system is based on two quite different types of entitlement — a social insurance system for people who have paid sufficient PRSI contributions and a social assistance system for people without adequate contributions who have little or no household means of their own.

Social insurance is intended both to enable people to insure themselves against adverse life events such as illness or unemployment and to provide for their state pensions and other benefits, through contributions to the social insurance fund. Social insurance benefits are not means-tested. Instead, entitlement depends on having paid the required number of PRSI contributions relevant to the particular benefit being claimed.

Prior to the introduction of changes provided for in the Social Welfare (Miscellaneous Provisions) Act 2008, there was no limit on the amount of time for which illness benefit could be paid to people who had more than 260 social insurance contributions as long as they were medically certified as being unfit for work. An OECD review entitled "Sickness, Disability and Work: Breaking the Barriers" noted that paying illness or sickness benefit without a time limitation was very unusual across the OECD, and pointed to the risk that people in such circumstances will never return to the labour market.

Against that background, the 2008 Act provided that entitlement to illness benefit is now limited to two years (or 624 days) duration for claims arising after the 5th January, 2009.

Also provided for in this Act was the reduction in the duration of the jobseeker's benefit payment. Firstly, the duration of the benefit payable to people with 260 or more paid social insurance contributions was reduced from 15 to 12 months, for (then) current claimants with less than six months duration on the scheme, as well as all new claimants. Similarly, where the claimant had less than 260 contributions the maximum duration of benefit was reduced from 12 to 9 months for people in receipt for less than three months, as well as all new claimants.

Social Insurance

Leo Varadkar

Ceist:

703 Deputy Leo Varadkar asked the Minister for Social Protection the benefits that will be extended to class K contributors to the social insurance fund now that they have to pay 4% of their entire income in contributions to the fund; and if he will make a statement on the matter. [1120/11]

The Social Welfare (Consolidation) Act, 2005, provides that there are two categories of persons who are compulsorily insured — employed contributors and self-employed contributors.

An employed contributor is broadly defined as every person over the age of 16 years and under pensionable age (i.e. 66 years) who is in insurable employment. Insurable employment means employment in the State under any contract of service or apprenticeship, written or oral, whether expressed or implied.

An earner will be an employed contributor where a contract of service exists. A contract of service is an agreement between two named parties that defines the rights and obligations of both parties, is legally binding and benefits each party. A contract may be written, oral, expressed or implied. It may be casual, temporary, part-time or of short duration and still be a contract of service. This is generally understood as a master/servant relationship where the worker is subject to direction, control and dismissal. If no such relationship exists between an employer and an employee, the latter will be insurable as a self-employed contributor.

A self-employed contributor is a person over the age of 16 years and under pensionable age who has reckonable income or reckonable emoluments. A self-employed contributor liable for social insurance contributions is covered for benefits under Class S of the PRSI system.

Office holders are not, by definition, bound by the arrangements of a contract of service as they are not employees. Furthermore, social insurance legislation provides that the income derived from an office-holding is not liable to a Class S social insurance contribution.

However, in accordance with the solidarity principle of the Social Insurance Fund it has now been decided by Government that office holders should contribute to the social insurance system.

The PRSI charge to public office holders will not generate any subsequent benefit entitlement.

Social Welfare Benefits

Finian McGrath

Ceist:

704 Deputy Finian McGrath asked the Minister for Social Protection if he will support the case of a person (details supplied) in Dublin 5. [1143/11]

The Health Service Executive (HSE) has advised that the person concerned has been awarded a rent supplement since April 2010 which is the maximum amount payable with regard to the family composition and household circumstances for a couple.

The HSE has further advised that a proportion of the rent due to the landlord is payable separately by a non-dependent adult within the household.

The person concerned should contact the HSE if either the household composition or financial circumstances have changed since the original application was made.

Social Welfare Appeals

Michael Ring

Ceist:

705 Deputy Michael Ring asked the Minister for Social Protection the outcome of an appeal for respite care in respect of a person (details supplied) in County Mayo. [1158/11]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Expenditure

Lucinda Creighton

Ceist:

706 Deputy Lucinda Creighton asked the Minister for Social Protection the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1179/11]

The Department provides a wide range of supports and services to a large and diverse customer base. As part of a customer consultation framework the Department seeks participation from customers to assist in developing policies and service delivery mechanisms. This is supported through customer panels, as well as meetings with customer representative groups and those engaged in welfare information services.

The customer panel focus group meetings are informal meetings between officers of the Department and randomly selected customers. Presentations are given on changes to schemes and services and this is followed by an open questions and answer session, where the views and opinions of customers are sought.

Customer representative group meetings are held regularly and provide a forum for engagement with stakeholders of the Department who represent a broad range of customers such as older people, unemployed, carers and disability groups etc. The format is similar to the customer panel meetings and provides an opportunity to seek the views of these groups on how we can improve service delivery.

The costs associated with hosting these fora for the period 2007 to 2010 are outlined in the table below.

Year

Fora

2010

1,175

2009

813

2008

2,896

2007

474

In addition, submissions are sought from the public from time to time on particular initiatives, for example, the Pensions Green Paper, which may incur advertising and other related costs. These costs, and any customer survey costs incurred, are currently being compiled and will be forwarded to the Deputy directly.

The Department values the views of customers and will continue to consult with them to get feedback on the quality of services delivered and to increase people's awareness of the Department's schemes and services. I am satisfied that the amount spent on obtaining customer feedback is closely monitored and kept to a minimum and these focus groups are essential research tools in improving service delivery.

Lucinda Creighton

Ceist:

707 Deputy Lucinda Creighton asked the Minister for Social Protection the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1194/11]

Most of the public bodies under my remit have their own budgets and pay bills such as those for mobile telephones, so the information sought by the Deputy is not readily available in my Department. However, the information is being collated and I will communicate it to the Deputy as soon as it is available.

Lucinda Creighton

Ceist:

708 Deputy Lucinda Creighton asked the Minister for Social Protection the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1209/11]

For the periods in question, total mobile phone costs for my Department were as follows:

2007: €427,858

2008: €458,386

2009: €477,940

2010: €339,460

1,056 members of staff have mobile phones supplied and paid for.

The nature of the work of these staff requires them to attend on site in various locations both Departmental and non-Departmental for example in the case of inspectors and those involved in fraud control work and those required to be available outside of core office hours. The Department currently has contracts in place with Vodafone and O2 for the provision of mobile phone services which were tendered for under the central mobile phone framework. Larger contracts on a business rate lead to reduced overall costs and most internal mobile calls do not incur any additional cost.

Martin Ferris

Ceist:

709 Deputy Martin Ferris asked the Minister for Social Protection the amount of money set aside or the amount he intends to spend in the current year on the rent allowance scheme and the total spent on the scheme in 2009 [1254/11]

The information requested is supplied in the following tabular statement.

Rent Supplement Expenditure 2009-2011

2009 Expenditure

2010 Projected Out-Turn

2011 Post Budget Estimate

€ million

€ million

€ million

510,751

509,200

465,540

Social Welfare Appeals

Damien English

Ceist:

710 Deputy Damien English asked the Minister for Social Protection when a decision will issue on an application and appeal for domiciliary care allowance in respect of persons (details supplied); the reason for the delay; and if he will make a statement on the matter. [1260/11]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. The person concerned will be informed when arrangements have been made. In order to be fair to all appellants, oral hearings are arranged in strict chronological order. There was a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There was an increase of a further 25% in the number of appeals received in 2010. These increases have caused delays in the processing of appeals.

A number of initiatives have been put in place to enhance the capacity of the office to deal with the current caseload and inflows. I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice. 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 Welfare Benefits

James Bannon

Ceist:

711 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for jobseeker’s allowance in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [1269/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 06 December 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 10 January 2011 and the appeal has been referred to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. 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.

Michael Ring

Ceist:

712 Deputy Michael Ring asked the Minister for Social Protection further to Parliamentary Question NO. 222 of 30 November 2010, if he will explain the source of income in respect of a person (details supplied) form County Mayo in view of the fact that this person has not worked since January 2010. [1272/11]

The information which formed the basis of the means assessment for fuel allowance in this case was taken from the claimant's income from employment for 2009. As the Department has no evidence of cessation of the claimant's employment, and he did not indicate cessation of his employment in his claim form, income for 2010 was taken to be the same as that for 2009. If the person concerned has ceased employment, he should provide a copy of his P45 at his earliest convenience. His entitlement to fuel allowance will then be re-examined and he will be informed in writing of the outcome without delay.

Damien English

Ceist:

713 Deputy Damien English asked the Minister for Social Protection the procedures in place countrywide to ensure that persons are made aware of their entitlements following a family bereavement; the plans he will put in place to ensure that the deceased’s family receives their full entitlements; and if he will make a statement on the matter. [1298/11]

The primary objective of the Department's information policy is to ensure that all citizens are made aware of the wide range of schemes and services available and that they are kept informed of changes and improvements as they occur.

The Department operates a network of some 130 Local and Branch Offices throughout the country. Each Local Office has officers who are dedicated to providing information and are available to explain supports and services to people. This locally-based service is supported by a central Information Unit which operates a LoCall information line (1890 66 22 44) which customers may call for information and guidance on their entitlements. The Department produces a comprehensive range of information leaflets and booklets, including a booklet on bereavement and these are available widely in Social Welfare Offices, Citizens Information Centres and Post Offices. Leaflets can also be requested through the Department's website www.welfare.ie which contains full information on all schemes and services, including bereavement and widow's/widower's pensions.

The Citizens Information Board, which comes under the aegis of the Department, is the national information agency with responsibility for supporting the provision of independent information and advice on the broad range of social services including social welfare services. Information is provided through Citizen Information Centres and other offices throughout the country, and through the Citizens Information Phone Service (1890 777 121) which operates from 9am to 9pm Monday to Friday. The website www.citizensinformation.ie has a section on bereavement which includes information on social welfare entitlements.

In addition, when a death is registered with the General Register Office (GRO) the Department's customer data is automatically updated. For state pension transition/contributory customers, a surviving qualified adult will automatically receive the 6 weeks after death payment of the married rate along with the bereavement grant. Each case will also be reviewed to examine the possible pension entitlement of the surviving spouse/civil partner, or as in many cases a widow's, widower's or surviving civil partner's contributory pension will automatically be awarded from the 7th week.

When the qualified adult of a contributory pensioner dies, the pensioner receives 6 weeks after death payment of the married rate and the bereavement grant automatically. On the death of a state pension transition/contributory recipient getting a payment at a single rate, but whose spouse is in receipt of another social welfare payment, payment of 6 weeks payment after death and the Bereavement Grant are paid automatically.

The Department has ongoing contact with the Irish Association of Funeral Directors and also deals with individual funeral directors in ensuring the details of the provisions of the Bereavement Grant scheme are made as widely available as possible.

I am satisfied that information is widely available to assist and enable those bereaved to access their social welfare entitlements.

Social Welfare Appeals

Jack Wall

Ceist:

714 Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for an appeal in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [1341/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18 October 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 7 December 2010 and the appeal has been referred to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. 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.

Jack Wall

Ceist:

715 Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal against the decision to refuse an application for domiciliary care allowance in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1350/11]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. The person concerned will be informed when arrangements have been made. 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.

Pension Provisions

Pat Rabbitte

Ceist:

716 Deputy Pat Rabbitte asked the Minister for Social Protection if his attention has been drawn to the fact that due to the change in the amount of PRSI contributions required for State pension contributory from 260 to 520 from April 2010 that a person (details supplied) will lose 48% of their entitlement at pension age in 2014; if he deems the new criteria fair; if the changes could be implemented on a phased basis; and if he will make a statement on the matter. [1352/11]

The social insurance system is one which delivers benefits to those who contribute, similar to any insurance-type system. A State pension is a very valuable asset and we must ensure that those who benefit from it have made a sustained and adequate contribution over the course of their working life.

The Final Report of the National Pensions Board, published in 1993, recommended that the number of paid contributions required to qualify for a contributory pension should be increased to 520 contributions. The necessary legislation to effect the recommendations of the National Pensions Board was contained in Section 12 of the Social Welfare Act 1997 (now incorporated in the Social Welfare Consolidation Act 2005) which provided for the implementation of the change in two stages, with the paid contribution requirement being standardised at 260 from 2002, rising to 520 from 2012. Details of the proposed increase in the paid contributions required have been included in the Department’s standard information material on pensions for some years.

The challenges facing the Irish pension system are significant. In particular, the task of financing increasing pension spending will fall to a diminishing share of the population. There are currently six workers for every pensioner and this ratio is expected to decrease to less than two to one by 2050. Increasing State pension age is one of the ways in which we can sustain the pensions system and also maintain the value of the State Pension at 35% of average earnings. People are living longer and healthier lives with average life expectancy set to rise even further in the future, up to 89 years for women and 83 for men. People will still, therefore, be spending at least the same amount of time in retirement as they are today, even with a later State pension age.

Therefore, as announced as part of the National Pensions Framework, the State pension age will be increased gradually to 68 years. This will begin in 2014 with the removal of the State pension (transition), thereby standardising State pension age at 66. This means that the last group of people to receive the State pension (transition) will be those who reach 65 years of age in 2013. State pension age will be increased to 67 years in 2021 and to 68 in 2028.

The details and timeframes for these changes are set out in the National Pensions Framework, which was published on 3 March 2010. The Government's plan for future pension reform in Ireland encompasses all aspects of pensions, from social welfare to private occupational pensions and public sector pension reform. The aim of the Framework is to deliver security, equity, choice and clarity for the individual, the employer and the State. It also aims to increase pension coverage, particularly among low to middle income groups and to ensure that state support for pensions is equitable and sustainable. An implementation group chaired by my Department has been established to develop the legislative, regulatory and administrative infrastructure required to put the necessary reforms into operation.

The person concerned will reach age 65 in May 2014 by which time State pension (transition) will have been abolished; he will, however, be entitled to apply for another social welfare payment. Based on his current record, he will be entitled to a mixed insurance pro-rata pension (contributory) in 2015 when he reaches age 66. The approximate rate of this pension payment (at current rates) is €77.16 per week. If he were to acquire an additional 87 full-rate paid contributions between now and the end of 2014, this would bring the total number of full-rate paid contributions to 520. This would then entitle him to be examined for a standard State pension (contributory), as opposed to a mixed insurance pro-rata pension (contributory) which is sufficient for a 75% State pension (contributory), currently payable at the weekly rate of €172.70.

Question No. 717 answered with Question No. 670.

Personal Public Service Numbers

Michael Creed

Ceist:

718 Deputy Michael Creed asked the Minister for Social Protection if he will clarify the situation regarding the issue of a PPS number for an Irish citizen resident in the UK who wishes to retire to Ireland and has contractual arrangements to purchase a property here and requires a PPS number for completion of same; and if he will make a statement on the matter. [1469/11]

The person concerned does not hold a PPS number and has not applied for one. I have made arrangements for the necessary form to issue to the person.

Social Welfare Appeals

Michael Ring

Ceist:

719 Deputy Michael Ring asked the Minister for Social Protection if an appeal has been opened on behalf of a person (details supplied) in County Mayo. [1470/11]

Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was opened and in the context of that appeal, his case was reviewed by a second Medical Assessor who also expressed the opinion that he was capable of work.

I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford him an opportunity of setting out the complete and up to date grounds of his appeal. Additional medical evidence received, has been forwarded to the Chief Medical Advisor for his opinion. The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Damien English

Ceist:

720 Deputy Damien English asked the Minister for Social Protection when a decision will issue on an appeal for domiciliary carer’s allowance in respect of a person (details supplied); the reason for the delay; and if he will make a statement on the matter. [1478/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 08 December 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. 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.

Dinny McGinley

Ceist:

721 Deputy Dinny McGinley asked the Minister for Social Protection the position regarding an appeal for supplementary welfare allowance in respect of a person (details supplied) in County Donegal. [1481/11]

The Health Service Executive (HSE) has advised that the person concerned was refused rent supplement as he had alternative accommodation available to him. The HSE further advised that the person concerned appealed the decision to the HSE Appeals Office and that the decision was upheld. The Social Welfare Appeals Office has advised that there is no record of a further appeal to their office.

Social Welfare Benefits

Jimmy Deenihan

Ceist:

722 Deputy Jimmy Deenihan asked the Minister for Social Protection when a decision will issue on an application for domiciliary care allowance in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [1489/11]

An application for domiciliary care allowance (DCA) was received on the 24th November 2010. This application has been forwarded to one of the Department's Medical Assessors for a medical opinion on the case. Upon receipt of this opinion a decision will issue to the customer. Currently it takes the DCA section eight weeks to process an application.

Pearse Doherty

Ceist:

723 Deputy Pearse Doherty asked the Minister for Social Protection if he is satisfied with the time taken to process an application for child benefit in respect of a person (details supplied) in County Donegal; when a decision will issue in relation to this application; and if he will make a statement on the matter. [1509/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12 August 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 27 October 2010 and the appeal has been referred to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. 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.

James Bannon

Ceist:

724 Deputy James Bannon asked the Minister for Social Protection the position regarding the cessation of payment of jobseeker’s allowance and back to work enterprise allowance in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [1571/11]

The Department has no record of a Jobseeker's Allowance or Back to Work Enterprise Allowance application being made by the person concerned. He should contact his Social Welfare Local Office in Longford if he wishes to make an application.

James Bannon

Ceist:

725 Deputy James Bannon asked the Minister for Social Protection if he will increase jobseeker’s allowance on behalf of a person (details supplied) in County Longford; and if he will make a statement on the matter. [1574/11]

The person concerned is in receipt of Jobseeker's Allowance at a weekly rate of €100 which is the maximum rate payable for a person of her age.

James Bannon

Ceist:

726 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for jobseeker’s allowance in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [1576/11]

The person concerned submitted an application for Jobseeker's Allowance on 22 December 2010 when her Jobseeker's Benefit expired. The payment of Jobseeker's Allowance is subject to a means test and the assessment of her means has been completed. A decision will issue to her in the next week.

James Bannon

Ceist:

727 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for a disability allowance in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [1577/11]

The person concerned applied for disability allowance on 19 October 2009. His claim was assessed by a medical assessor who was of the opinion that he was not medically suitable for disability allowance. The deciding officer accepted that medical opinion and refused his claim. A letter issued to the person on 8 January 2010 advising him of this decision.

I understand an appeal was opened in this case by the Social Welfare Appeals Office who asked the person to submit further medical details in support of the appeal. I further understand that the person did not reply to this request and that, consequently, his appeal was withdrawn by the Social Welfare Appeals Office on the 6 July 2010.

James Bannon

Ceist:

728 Deputy James Bannon asked the Minister for Social Protection the reason a person (details supplied) in County Longford has had their lone parent allowance cut; and if he will make a statement on the matter. [1578/11]

The person concerned is in receipt of One Parent Family Payment at a weekly rate of €260.10. Arising from the changes made in the Social Welfare Act the rates of payment for One Parent Family Payment were reduced. Accordingly, there was a reduction in her payment, in line with these provisions, with effect from 1 January 2011.

Legal Services

Alan Shatter

Ceist:

729 Deputy Alan Shatter asked the Minister for Social Protection in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and/or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and/or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and, where not, why not. [1626/11]

Alan Shatter

Ceist:

731 Deputy Alan Shatter asked the Minister for Social Protection with regard to legal services used by his Department, any Body under the aegis of his Department or any State agency for which he is responsible; if he will give details of the legal services for which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitors firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1656/11]

I propose to take Questions Nos. 729 and 731 together.

The information requested is currently being compiled within the Department and will be made available to the Deputy as soon as possible.

Legal Proceedings

Alan Shatter

Ceist:

730 Deputy Alan Shatter asked the Minister for Social Protection in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed, judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s Office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1641/11]

The information requested is currently being compiled within the Department and will be made available to the Deputy as soon as possible.

Question No. 731 answered with Question No. 729.

Departmental Expenditure

Brian Hayes

Ceist:

732 Deputy Brian Hayes asked the Minister for Tourism, Culture and Sport the cost to her Department from 2007 in respect of providing all computer, hardware and software, in her private and constituency office in tabular form; and if she will make a statement on the matter. [48163/10]

The costs in question are as follows:

Hardware

Software

2007

6,822.84

0

2008

866.97

0

2009

8,233.94

0

2010

5,033.89

0

Joan Burton

Ceist:

733 Deputy Joan Burton asked the Minister for Tourism, Culture and Sport if she will set out any sum of money paid by her Department to a company (details supplied) in each of the past five years; and if she will make a statement on the matter. [48193/10]

The sums of money paid by my Department to the company in question in the years 2006 to 2010, inclusive, are as set out in table.

Year

Sum of Money

Purpose

2006

10,200

The provision of advice in relation to the National Conference Centre project.

2008

114,000

An economic evaluation of the benefit to the island of Ireland of the London 2012 Olympic and Paralympic Games.

Departmental Websites

Liz McManus

Ceist:

734 Deputy Liz McManus asked the Minister for Tourism, Culture and Sport the number and cost of each website that falls under her remit; the number of unique visitors per month to each website; and if she will make a statement on the matter. [48211/10]

The Department of Tourism, Culture and Sport provides four websites and the following are the details for each.

1. Department of Tourism, Culture and Sport website

Website address: www.tcs.gov.ie

Cost: €8,164.00

Monthly Unique Visitors

Date

Number

January 2010

18,597

February 2010

17,512

March 2010

19,597

April 2010

15,363

May 2010

13,714

June 2010

11,887

July 2010

10,434

August 2010

10,284

September 2010

11,765

October 2010

12,554

November 2010

13,455

December 2010

7,939

2. National Archives of Ireland website

Website address: www.nationalarchives.ie

Cost: €11,491

Monthly Unique Visitors

Date

Number

January 2010

85,255

February 2010

69,218

March 2010

80,627

April 2010

63,604

May 2010

62,475

June 2010

150,016

July 2010

88,053

August 2010

86,253

September 2010

66,962

October 2010

64,659

November 2010

55,741

December 2010

42,121

(b) 1911 Census Search facility Website address: www.census.nationalarchives.ie

Cost: €38,300

Monthly Unique Visitors

Date

Number

January 2010

183,668

February 2010

144,845

March 2010

150,988

April 2010

128,240

May 2010

127,426

June 2010

461,582

July 2010

238,391

August 2010

211,430

September 2010

173,704

October 2010

152,832

November 2010

118,393

December 2010

100,775

3. Irish Genealogy website and the Church Records Search facility

Website address: www.irishgenealogy.ie

Cost: €5,364.20

Monthly Unique Visitors

Date

Number

January 2010

19,057

February 2010

16,939

March 2010

19,693

April 2010

15,184

May 2010

16,252

June 2010

31,263

July 2010

31,249

August 2010

30,414

September 2010

25,791

October 2010

23,998

November 2010

20,717

December 2010

17,559

4. Culture Ireland website

Website address: www.cultureireland.gov.ie

Cost: €10,159.12

Monthly Unique Visitors

Date

Number

January 2010

2,290

February 2010

4,732

March 2010

5,775

April 2010

1,943

May 2010

2,989

June 2010

3,350

July 2010

3,434

August 2010

3,849

September 2010

4,461

October 2010

3,977

November 2010

4,436

December 2010

3,385

Departmental Expenditure

Willie O'Dea

Ceist:

735 Deputy Willie O’Dea asked the Minister for Tourism, Culture and Sport the amount of funding allocated to Shannon Development for 2008, 2009 and 2010; the amount of the funding that refers to the Limerick area. [48300/10]

The Grant-in-Aid provided to Shannon Development under Subhead B3 of the Department's Vote in the years in question was: 2008 — €865,000; 2009 — €832,000 and 2010 — €831,000. Shannon Development acts as the Regional Tourism Authority for the Shannon Region encompassing Limerick, Clare, North Tipperary and South Offaly. The funding provided by the Department is used by Shannon Development to support its tourism-related activities across all areas in the Region. In addition to the funding provided from the Department, Shannon Development also uses its own resources income to fund its tourism activities in the region. The allocation and distribution of activities and funding throughout its region is a day-to-day matter for the company itself.

Grant Payments

Joanna Tuffy

Ceist:

736 Deputy Joanna Tuffy asked the Minister for Tourism, Culture and Sport the names and addresses of all organisations awarded grants under the culture technology grant scheme; the amounts awarded to each organisation; and if she will make a statement on the matter. [48410/10]

In November 2010 I announced the details of the twenty five successful projects funded under the Cultural Technology Grant Scheme — an initiative aimed at using technology to promote Irish arts and culture. The aim of the initiative was to use a variety of the best emerging and existing technology information and communications methods to deliver a promotional, educational or tourist information product to promote the Irish arts, culture and creative sectors and each of the successful projects fulfils this aim.

The details of the organisations which were successful and the amount awarded under the Cultural Technology Grant Scheme are listed on my Department's website and are set out in the table.

Cultural Technology Grant Scheme 2010 Successful projects

Applicant

Amount

Temple Bar Cultural Trust, 12 East Essex Street, Temple Bar, Dublin 8

140,000

Marian O’Shea, 68 Richmond Park, Monkstown, Co Dublin

20,000

Business2Arts, 44 East Essex Street, Dublin 2

20,000

National Botanic Gardens, Glasnevin, Dublin 2

41,000

Dublin Institute of Technology, 143/149 Lower Rathmines Road, Rathmines, Dublin 6

30,000

Dublin Institute of Technology, 143/149 Lower Rathmines Road, Rathmines, Dublin 6

31,000

National Museum of Ireland, Kildare Street, Dublin 2

77,000

Dublin Institute of Technology, 143-149 Lower Rathmines Road, Rathmines, Dublin 6

48,000

Irish Museum of Modern Art, Royal Hospital Kilmainham, Dublin 8

105,000

Clare County Council, New Road, Ennis, Co Clare

10,000

The Ark, 11A Eustace Street, Temple Bar, Dublin 2

67,000

The Chester Beatty Library, The Clock Tower, Dublin Castle, Dublin 2

43,000

Association of Irish Choirs, University Concert Hall, Foundation Building, University of Limerick

18,000

Royal Irish Academy, 19 Dawson Street, Dublin 2

20,000

Foynes Flying Boat Museum, Áras Íde Foynes, Co Limerick

180,000

Wexford Festival Opera, 49 North Main Street, Wexford

36,000

Dundalk County Museum, Carroll Centre, Jocelyn Street, Dundalk, Co Louth

18,000

Dublin Contemporary 2011 (DC2011), St Stephen’s Green House, Earlsfort Terrace, Dublin 2

22,000

Siamsa Tíre, Town Park, Tralee, Co Kerry

10,000

First Music Contact, Space 28, North Lotts, Dublin 1

49,000

St. Patrick’s Festival, St Stephen’s Green House, Earlsfort Terrace, Dublin 2

15,000

Model Art Gallery Sligo / Beanstalk Design, The Mall, Sligo

9,000

Dublin City Council, DCL Libraries, 138-144 Pearse Street, Dublin 2

18,000

Belltable Arts Centre, 69 O’Connell Street, Limerick

25,000

The Gate Theatre, 1 Cavendish Row, Dublin 1

12,000

Sports Capital Programme

Deirdre Clune

Ceist:

737 Deputy Deirdre Clune asked the Minister for Tourism, Culture and Sport the position regarding the sports capital programme; when it will be open for applications and the level of funding available for 2011; and if she will make a statement on the matter. [1127/11]

While no new call for applications for funding has been made since 2008 a provision of €33m has been provided in this year's estimates to cover the payment of grants previously allocated. Given the current budgetary situation no date has been set for the next round of the Programme.

State Boards

Mary Upton

Ceist:

738 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport the number of vacancies that exist on State and semi-State boards of institutions which receive funding from her Department; the number she expects to arise in the coming three months through the expiration of existing contracts; and if she will make a statement on the matter. [1161/11]

Mary Upton

Ceist:

739 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport the number of appointments she intends to make to the boards of State and semi-State institutions which receive funding from her Department in the coming three months; and if she will make a statement on the matter. [1162/11]

Mary Upton

Ceist:

740 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport if any officials in her Department currently sit on the boards of institutions in receipt of funds from her Department; and if she will make a statement on the matter. [1163/11]

I propose to take Questions Nos. 738 to 740, inclusive, together.

The table sets out details of the current vacancies and of all vacancies expected to arise between 12 January 2011 and 11 April 2011 in agencies under the aegis of my Department.

Body

Current Number of Vacancies

Vacancies expected to arise between 12 January 2011 and 11 April 2011

National Archives Advisory Council

6

0

Irish Manuscripts Commission

0

2

Tourism Ireland Ltd

1

0

National Sports Campus Development Authority

1

0

Arts Council

0

5

Abbey Theatre

1

0

Board of Governors and Guardians of the National Gallery of Ireland

2

0

National Museum of Ireland

Up to 6

0

Irish Museum of Modern Art

6

0

Currently five officials in my Department sit on boards of institutions in receipt of funds from my Department. One official sits on the boards of the National Concert Hall, Culture Ireland and the Science Museum and a second officer sits on the board of the Irish Museum of Modern Art and the Irish Manuscripts Commission. The remaining three officers sit on the boards of the Crawford Art Gallery, Cork, the Foynes Flying Boat Museum and the Irish Manuscripts Commission.

Departmental Expenditure

Lucinda Creighton

Ceist:

741 Deputy Lucinda Creighton asked the Minister for Tourism, Culture and Sport the amount spent by her Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if she will make a statement on the matter. [1181/11]

My Department has not incurred any such expenditure in the years in question.

Lucinda Creighton

Ceist:

742 Deputy Lucinda Creighton asked the Minister for Tourism, Culture and Sport the number of mobile telephones paid for by public bodies under her remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if she will make a statement on the matter. [1196/11]

Lucinda Creighton

Ceist:

743 Deputy Lucinda Creighton asked the Minister for Tourism, Culture and Sport the number of mobile telephones paid for by her Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if she will make a statement on the matter. [1211/11]

I propose to take Questions Nos. 743 and 742 together.

The following tables outline the number of mobile telephones and the expenditure by my Department on mobile telephony for the required years. The details for the National Archives of Ireland are also included as it forms an integral component of the Department.

Year

Total No. of Mobile Telephones

Dept. HQ

National Archives

2006

30

28

2

2007

37

35

2

2008

42

26

16

2009

41

26

15

2010

49

35

14

Year

Total Expenditure

Dept. HQ

National Archives

2006

28,066.88

27,176.63

890.25

2007

33,527.64

32,690.55

837.09

2008

55,165.98

46,110.49

9,055.49

2009

42,382.08

35,551.04

6,831.04

2010

33,862.15

28,031.95

5,830.20

As the Deputy will appreciate the use of mobile phones is vital to the effective operation of the Department, which has decentralised to Killarney, as staff can be in contact while travelling between the offices in Killarney and Dublin, between meetings and, of course, outside of normal office hours. The information requested by the Deputy with regard to the public bodies, other than the National Archives, is a day to day matter for the public bodies concerned.

Decentralisation Programme

Mary Upton

Ceist:

744 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport of the 79 staff who moved into her Department’s premises in Killarney, the number of these who transferred from the Departmental offices in Dublin; the number who were newly recruited; the number of each staff grade that transferred from the Dublin offices; and if she will make a statement on the matter. [1280/11]

Of the 79 staff referred to by the Deputy, 35 transferred to Killarney from Dublin. Most of these transferred to the Department in Dublin from other Departments and offices and after a certain period, to allow for induction and training, they then relocated to Killarney. Of the 35, there were three Principal Officers, 13 Assistant Principals, 12 Higher Executive Officers, 6 Executive Officers and one Clerical Officer.

Three staff were recruited for the Killarney office: two services officers and one accountant.

Departmental Staff

Mary Upton

Ceist:

745 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport the duties and responsibilities of staff in the Killarney offices; and if she will make a statement on the matter. [1281/11]

The majority of the staff in my Department, apart from a small number in the Kildare Street office which includes senior management and some support staff, and the staff in the National Archives in Bishop Street, are based in Killarney. Accordingly, duties which are related to the Department's core business involving the three sectoral areas of tourism, culture and sport are carried out in the Department in Killarney. In addition, many of the staff employed in the corporate services division of my Department are also based in Killarney. The Department's organisation chart, which includes detailed information in relation to the duties of the staff in the various divisions, may be found on the Department's website — www.tcs.gov.ie — and as an attachment to the Department's Annual Report.

Departmental Transport

Mary Upton

Ceist:

746 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport the costs to her Department for the years 2009 and 2010, of mileage and public transport costs for officials from her Department to travel in both directions between Dublin and Killarney for departmental business; and if she will make a statement on the matter. [1282/11]

It should be noted that the system for recording travel costs does not readily distinguish travel between Dublin and Killarney. However, in line with the relevant circulars from the Department of Finance, it is policy in my Department, that when travelling between the offices in Dublin and Killarney, officials must avail of public transport, where appropriate. The travel policy also states that officers who use personal transportation for travel between the offices in Dublin and Killarney may only claim the price of the relevant train fare in those instances. For the Deputy's information, the cost of all domestic mileage and public transport in my Department, including the National Archives, for 2009 and the provisional outturn figures for 2010 area as follows:

Number

2009

Domestic Mileage

34,819.13

Domestic Public Transport

29,486.08

2010 — Provisional

Domestic Mileage

30,085.56

Domestic Public Transport

26,960.05

Departmental Staff

Mary Upton

Ceist:

747 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport the number of staff in her Department formerly allocated to dealing with the Horse and Greyhound Fund and related matters; the duties now carried out by those staff formerly engaged in carrying out that work; and if she will make a statement on the matter. [1283/11]

Mary Upton

Ceist:

748 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport if any of the staff in her Department formerly engaged in dealing with the Horse and Greyhound Fund and related matters have been reallocated to the same duties in the Department of Agriculture; and if she will make a statement on the matter. [1284/11]

I propose to take Questions Nos. 747 and 748 together.

The officials in my Department who dealt with the Horse and Greyhound racing industries did so as an element of a wider brief in the Sports area. In the period since responsibility for these industries was transferred to the Department of Agriculture, Fisheries and Food in May of last year, the number of staff in the Department and in the Sports division has reduced in line with central requirements to reduce overall staffing levels. This reduction resulted in the restructuring of work in the Department generally and in the reallocation of duties and responsibilities for staff in the various divisions, including the Sports division.

No officials were reallocated to the Department of Agriculture, Fisheries and Food in the context of the transfer of these functions.

Sports Capital Programme

Mary Upton

Ceist:

749 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport the capital programmes delivered by her in 2008, 2009 and 2010; the capital programmes planned by her for 2011; and if she will make a statement on the matter. [1285/11]

The following capital grant programmes have been delivered by my Department since 2008 — the Sports Capital Programme, the Local Authority Swimming Pools Programme, the ACCESS Programme and other arts capital projects. Payment of grants allocated under these programmes will continue this year in line with the spending allocations set out in the 2011 Estimates for Public Services and Summary Public Capital Programme. In addition, in each of the years since 2008, my Department has allocated funding to agencies and bodies under its remit for expenditure on certain capital programmes and projects. Funding has been provided to Fáilte Ireland for expenditure on the Tourism Product Development Scheme; funding has been allocated to the Irish Film Board for the provision of development and production finance to the independent film and television production sector; and funding has been provided to the National Sports Campus Development Authority for the development of the Sports Campus. Funding for these programmes and projects will continue in 2011. The Arts Council has also in past years been allocated funding for capital grants

In 2008, 2009 and 2010 funding was provided from my Department's Vote for the redevelopment of the Lansdowne Road stadium and this project has now been completed.

Legal Services

Alan Shatter

Ceist:

750 Deputy Alan Shatter asked the Minister for Tourism, Culture and Sport in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by her Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1628/11]

The information sought by the Deputy is as set out in tabular form below. In general, whenever my Department requires legal services, it obtains these from the Office of the Attorney General and/or the Office of the Chief State Solicitor. Any associated fee costs are borne directly by those two Offices. However, on occasion and in exceptional circumstances, the Department, including the National Archives, may obtain legal services from other sources.

Year

Subject Matter of Legal Advices

Name of Solicitors/Barristers

Fees Paid

Nature of Work

Advertised for Tender?

If Not Advertised, Why Not?

2008

New Abbey Theatre PPP Project*

McCann Fitzgerald Solicitors

33,150

Legal advice on PPP project.

Yes (in 2007)

N/A

2008

National Concert Hall PPP Re-development Project

McCann Fitzgerald Solicitors

217,652

Legal advice on PPP project.

Yes (in 2007)

N/A

2009

New Abbey Theatre PPP Project*

McCann Fitzgerald Solicitors

128,039

Legal advice on PPP project.

Yes (in 2007)

N/A

2009

National Concert Hall PPP Re-development Project

McCann Fitzgerald Solicitors

268,385

Legal advice on PPP project.

Yes (in 2007)

N/A

2009

Legal advice regarding State Aid issues

McCann Fitzgerald Solicitors

4,860

Legal advice regarding State Aid issues.

No

Not advertised for tender because of specialist knowledge of McCann Fitzgerald in the area.

2010

National Concert Hall PPP Re-development Project

McCann Fitzgerald Solicitors

144,653

Legal advice on PPP project.

Yes (in 2007)

N/A

2010

ACCESS Capital Development Project

McCann Fitzgerald Solicitors

883

Legal advice on ACCESS capital development project.

No

Advice sought was limited and amount of fees low.

(*The contract in respect of the PPP project for the new Abbey Theatre was entered into between the National Development Finance Agency (NDFA) and McCann Fitzgerald Solicitors. NDFA makes the fee payments to the solicitors and the Department refunds the NDFA).

Legal Proceedings

Alan Shatter

Ceist:

751 Deputy Alan Shatter asked the Minister for Tourism, Culture and Sport in respect of each of the years 2008, 2009 and 2010 if she will give details of the number of court cases initiated in each year in which she or her predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s Office and if not, by whom; if she will detail the legal costs incurred by her Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which she or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1643/11]

In the time available, it has not been possible to compile the information requested by the Deputy. I will communicate separately with the Deputy on the matter as soon as all the information is to hand.

Legal Services

Alan Shatter

Ceist:

752 Deputy Alan Shatter asked the Minister for Tourism, Culture and Sport with regard to legal services used by her Department, any Body under the aegis of her Department and any State agency for which she is responsible; if she will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitors firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1658/11]

My Department did not engage in competitive tendering for legal services in the years 2008 to 2010, inclusive. In respect of the bodies under the aegis of this Department, the procurement of legal services is a matter for the bodies themselves.

Fire Service

Michael McGrath

Ceist:

753 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government in relation to the operation of the emergency call service if there is an official policy which sets out the circumstances in which the fire service is to be called out to all emergency calls when medical assistance is required in view of the fact that fire service personnel are trained as emergency first aid responders. [1147/11]

Arrangements for the receipt of and response to emergency calls when medical assistance is required are matters in the first instance for the HSE/ Department of Health and Children. Emergency calls from the public are made through the 999/112 system, and are passed to the relevant health service provider by the 999 system operator in accordance with agreed procedures.

Local authorities have a region-based service delivery model for their statutory duty under Section 10 (3) of the Fire Services Act, 1981 and 2003 for the receipt of and response to emergency calls for fire service assistance. Regional Communication Centres in Castlebar, Limerick and Dublin are operated by the three relevant local authorities, which liaise with the 999 system operator, and use a system of agreed "pre-determined attendances" or responses to mobilise fire service resources to certain categories of incidents/ emergency calls.

On the issue of fire service personnel being trained to the Pre-Hospital Emergency Care Council's (PHECC) first responder standard, it is correct that significant numbers of personnel in fire authorities outside Dublin (where Dublin Fire Brigade provides an ambulance service for the HSE) have been so trained over the past decade. This has enabled them to provide immediate assistance to casualties whom they encounter in the course of their normal fire service response activities — such persons may routinely include victims of smoke inhalation and burns, and those injured in road traffic accidents or other incidents. The development in fire services of a strongly collaborative, casualty-focused approach in Road Traffic Accident extrication techniques has been greatly influenced by this training. The first responder training also enables fire authorities to meet rigorous statutory obligations under safety, health & welfare legislation.

It is not currently policy to have fire service personnel deployed to undertake the statutory functions of other agencies, other than as noted in relation to Dublin above, and the first responder training provided is not intended to extend the fire service into an emergency service which would respond where medical assistance is required.

My Department maintains routine contact with other relevant Departments, and there has been very significant collaboration with the Departments of Health and Children, Justice and Law Reform and Defence on major emergency management issues in recent years. The National Directorate for Fire and Emergency Management, which I established within my Department in June 2009 to develop national policy and drive consistent achievement of value-for-money fire services by local authorities, will be engaging in a series of bilateral discussions with other emergency services on issues of further collaboration where potentially beneficial arrangements in relation to emergency service provision for the public may be identified.

Local Authority Housing

Martin Ferris

Ceist:

754 Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government the amount of money set aside or the amount he intends to spend in the current year on rental assistance scheme and long term leasing scheme and the totals spent on those schemes in 2009 [1254/11]

The information requested is supplied in the following tabular statement.

Rent Supplement Expenditure 2009-2011

2009 Expenditure

2010 Projected Out-Turn

2011 Post Budget Estimate

€ million

€ million

€ million

510,751

509,200

465,540

Water and Sewerage Schemes

Phil Hogan

Ceist:

755 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if funding is in place for a scheme (details supplied); if funds will be provided to Dún Laoghaire-Rathdown County Council in time to allow commencement of works on the designated commencement date; if he anticipates any difficulties with the provision of the funding; and if he will make a statement on the matter. [48105/10]

Seán Barrett

Ceist:

764 Deputy Seán Barrett asked the Minister for the Environment, Heritage and Local Government if he will confirm that funding is in place for the Carysfort-Maretimo stream improvement scheme; if these funds will be provided to Dún Laoghaire Rathdown County Council in time to allow commencement works on the designated commencement date; if he anticipated any difficulties with the provision of the funding; and if he will make a statement on the matter. [48305/10]

I propose to take Questions Nos. 755 and 764 together.

The Dún Laoghaire Sewerage Scheme Phase 1 (Carysfort — Maretimo Stream Contract) is included in my Department's Water Services Investment Programme 2010-2012 as a contract to commence construction during the period of the Programme.

Dún Laoghaire/Rathdown County Council has recently advised my Department that the tender process is completed and has requested that funding be made available to allow work on the contract to start. A decision on the matter will shortly issue to the Council.

River Basin Management

Phil Hogan

Ceist:

756 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the funding available in 2011 for the programmes of measures proposed in adopted river basin district plans; and if he will make a statement on the matter. [48107/10]

In July of 2010 I approved river basin management plans for Ireland's seven river basin districts. The plans set out the current status of our waters, the environmental objectives to be achieved and the programmes of measures to be implemented in order to achieve those objectives.

The programmes of measures outlined in the river basin management plans cover the sectors and activities which impact on the status of our waters, including municipal waste water discharges and agriculture. Responsibility for implementing the measures rests with the local authorities, various Government Departments and Agencies, and other sectors such as agriculture and industry. In so far as my Department is concerned, continued investment in the development of water services through the Water Services Investment Programme remains a priority. The Programme for 2010 to 2012 is, for the first time, set out on a river basin basis and is fully aligned with the investment priorities identified in the river basin management plans. Exchequer funding for water services in 2011 amounts to €435 million. New work in 2011 will be targeted, inter alia , on key projects in the programme required to implement measures identified in the river basin management plans such as the upgrading of wastewater treatment infrastructure.

The local authorities play a key role in coordinating effort in pursuit of the plans' objectives and I have provided funding of €687,000 for the continued support of the river basin district offices this year.

My Department has, since 2007, provided significant additional funding to the Environmental Protection Agency to carry out the extensive monitoring programmes required for implementation of the Water Framework Directive and which will be an ongoing requirement for implementation of the river basin management plans. In 2010 this funding amounted to €4 million, a decision on funding for 2011 will be made shortly.

The Department of Agriculture, Fisheries and Food will continue to fund the Agricultural Catchments Programme costing €8 million over the four years 2008 to 2011.

Local Authority Charges

Damien English

Ceist:

757 Deputy Damien English asked the Minister for the Environment, Heritage and Local Government the total amount of money collected by Meath County Council for on beach parking at Bettystown beach in County Meath during 2009 and 2010. [48112/10]

The information requested is not available in my Department.

Departmental Expenditure

Brian Hayes

Ceist:

758 Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government the cost to his Department from 2007 in respect of providing all computer, hardware and software, in his private and constituency office in tabular form; and if he will make a statement on the matter. [48156/10]

The cost to my Department from 2007 to provide IT services for my constituency and private office is set out in the table below.

2007

2008

2009

2010

Private Office

Hardware Cost

15,366

953

1,815

Software Cost

4,680

4,680

4,680

4,680

Total

20,046

4,680

5,633

6,495

Constituency Office

Hardware Cost

1,800

Software Cost

9,699

2,336

2,312

780

Total

11,499

2,336

2,312

780

Joan Burton

Ceist:

759 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48186/10]

The information requested is provided below; no payments were made by my Department to the company in question in 2009 and 2010.

Date

Details of Payment

Amount

14/12/2006

Part fee (66.6%) for Review of County/City Development Board Strategic Reviews and Proposals for Strengthening and Developing the Boards

62,113.33

25/05/2007

Final fee for Review of County/City Development Board Strategic Reviews and Proposals for Strengthening and Developing the Boards

31,056.67

28/09/2007

50% of fee for Assessment of 2 Business Plans submitted by the Irish Heritage Trust for Fota House and Annesgrove, in Cork

14,520

15/05/2007

50% of fee for study on Review of Tenant Purchase Scheme

29,282

12/12/2007

Final fee on completion of the Review of the Tenant Purchase Scheme

29,282

17/10/2008

Final fee for Assessment of 2 Business Plans submitted by the Irish Heritage Trust for Fota House and Annesgrove, in Cork

14,520

Climate Change

Liz McManus

Ceist:

760 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the position regarding funds he promised to support developing countries to deal with climate change; the amount promised; and if he will make a statement on the matter. [48197/10]

The developed country Parties who associated with the Copenhagen Accord (including the EU and all Member States) agreed to provide a fast-start finance package for developing countries over the three years 2010 to 2012. As part of the EU response, Ireland committed to a contribution of up to €100 million over the three-year period.

In response to that commitment, a contribution of €23 million has been made to the Global Climate Change Alliance established and operated by the European Commission. The contribution was the subject of a supplementary estimate debated at the Select Committee on the Environment, Heritage and Local Government on 9 December 2010. This contribution, together with climate change related funding within the Overseas Development Assistance programme, will make up a substantial part of the overall commitment.

Departmental Websites

Liz McManus

Ceist:

761 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48204/10]

The information requested in respect of my Department is being compiled and will be forwarded to the Deputy as soon as possible.

Local Authority Housing

Michael Creed

Ceist:

762 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government the content of circulars issued by him to local authorities outlining the parameters within which they can deal with housing loan clients who are in arrears; if he will authorise them to allow loan holders to opt for interest only payments for a period of time; if he will instruct local authorities to desist from attempts at repossession in the current climate; and if he will make a statement on the matter. [48214/10]

Where any borrower, either from a local authority or from a private financial institution, is facing difficulties in meeting mortgage repayments, they should engage proactively and constructively with the lender to seek to achieve an agreed solution. The services of the Money Advice and Budgetary Service are also available to such borrowers and support is available through the Supplementary Welfare Allowance Scheme. In addition, I issued comprehensive guidance last year based on the Regulators Code of Practice, to ensure that cases of local authority mortgage arrears are handled in a manner that is sympathetic to the needs of the particular household, while also protecting the position of the local authority concerned.

In addition Section 34 of Housing (Miscellaneous Provisions) Act 2009 provides Local Authorities with powers to deal flexibly with distressed borrowers. Repossession, where it does occur, is always a last resort.

Proposed Legislation

Finian McGrath

Ceist:

763 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will support a matter regarding the Climate Change Bill. [48264/10]

The Climate Change Response Bill 2010 will commence second stage in the Seanad on Thursday 13 January 2011. I expect the Bill to complete all stages in the Oireachtas in February 2011.

Question No. 764 answered with Question No. 755.

Motor Taxation

Mary Upton

Ceist:

765 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the reason local authorities, in allowing three periods of payment for motor tax, charge a higher price to pay in four three month payments or two six month payments than purchasing 12 months in full; his views on whether it is fair to penalise those who cannot afford to make the payment in full; and if he will make a statement on the matter. [48409/10]

Half-yearly and quarter-yearly rates of motor tax are set in law at a higher rate than the annual fee to take account of the extra workload for motor tax offices and the resultant higher administrative and printing costs. A quarterly renewal of a motor tax disc is equivalent to processing four annual discs in that the same administrative procedures have to be followed each time. In addition, reminders are issued on each renewal. The additional work created by the quarterly and half-yearly disc system is thus considerable and the higher rates reflect the additional costs arising.

It should be noted, however, that at present the quarterly and half-yearly charges are lower than those permissible under law. The Finance (Excise Duties) (Vehicles) Act 1952 provides that the rate of duty for a quarterly licence must not exceed 30% of the full annual duty applicable and sets no upper limit for a half-yearly disc. The rates of duty currently applicable to quarterly and half-yearly discs are 28.25% and 55.5% of the annual rate respectively.

Community Development

Terence Flanagan

Ceist:

766 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government the position regarding community and voluntary fora (details supplied); and if he will make a statement on the matter. [48414/10]

I refer to the reply to Questions Nos. 88 and 90 of 9 December 2010.

Local Authority Funding

Phil Hogan

Ceist:

767 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he will provide a breakdown of the allocation of Exchequer funds to each local authority for 2011; the percentage reduction in each case compared to 2010; and if he will make a statement on the matter. [48424/10]

General purpose grants from the Local Government Fund are my contribution to meeting the difference between the cost to local authorities of providing a reasonable level of day to day services and the income available to them from local sources and from specific grants. The 2011 general purpose grant allocations in respect of each local authority are set out in the table below.

2011 Exchequer grants in respect of specific functional areas will be notified to local authorities in due course.

Local Authority

2010 Allocation

Total Allocated 2011

% Change on 2010

Carlow County Council

11,331,276

10,128,725

-10.61%

Cavan County Council

18,245,262

16,549,414

-9.29%

Clare County Council

13,986,912

12,736,073

-8.94%

Cork County Council

48,353,652

42,689,885

-11.71%

Donegal County Council

38,913,388

36,345,399

-6.60%

Fingal County Council

29,799,877

26,267,018

-11.86%

D.Laoghaire/Rathdown Co Co

34,624,434

31,522,005

-8.96%

Galway County Council

36,092,172

32,835,625

-9.02%

Kerry County Council

25,572,631

23,238,216

-9.13%

Kildare County Council

25,532,785

23,924,053

-6.30%

Kilkenny County Council

19,334,743

17,527,581

-9.35%

Laois County Council

16,823,589

15,143,352

-9.99%

Leitrim County Council

14,489,435

13,479,217

-6.97%

Limerick County Council

23,724,090

21,355,645

-9.98%

Longford County Council

13,856,743

12,849,645

-7.27%

Louth County Council

12,118,470

10,914,165

-9.94%

Mayo County Council

35,180,309

32,135,562

-8.65%

Meath County Council

27,377,684

25,553,557

-6.66%

Monaghan County Council

14,737,177

13,648,138

-7.39%

Tipp NR County Council

18,005,785

16,373,536

-9.07%

Offaly County Council

15,388,672

14,139,586

-8.12%

Roscommon County Council

20,110,463

18,490,254

-8.06%

Sligo County Council

16,356,043

15,314,229

-6.37%

Sth Dublin County Council

24,289,702

21,709,971

-10.62%

Tipp SR County Council

22,128,379

20,211,960

-8.66%

Waterford County Council

21,990,654

20,583,798

-6.40%

Westmeath County Council

20,003,602

18,494,866

-7.54%

Wexford County Council

20,755,993

19,259,881

-7.21%

Wicklow County Council

19,219,558

17,502,198

-8.94%

Cork City Council

25,014,462

22,940,522

-8.29%

Dublin City Council

88,769,969

78,722,867

-11.32%

Galway City Council

8,512,430

7,534,888

-11.48%

Limerick City Council

10,595,040

9,638,920

-9.02%

Waterford City Council

7,564,315

6,713,415

-11.25%

Clonmel Borough Council

3,115,507

2,785,896

-10.58%

Drogheda Borough Council

4,434,266

3,966,978

-10.54%

Kilkenny Borough Council

1,766,873

1,560,328

-11.69%

Sligo Borough Council

2,927,408

2,580,497

-11.85%

Wexford Borough Council

2,199,185

1,948,097

-11.42%

Arklow Town Council

1,587,276

1,455,760

-8.29%

Athlone Town Council

1,793,563

1,587,448

-11.49%

Athy Town Council

749,251

690,500

-7.84%

Ballina Town Council

1,580,583

1,445,712

-8.53%

Ballinasloe Town Council

878,744

793,526

-9.70%

Birr Town Council

780,485

704,969

-9.68%

Bray Town Council

4,284,234

3,831,912

-10.56%

Buncrana Town Council

913,089

804,777

-11.86%

Bundoran Town Council

559,962

493,613

-11.85%

Carlow Town Council

1,721,237

1,530,546

-11.08%

Carrickmacross Town Council

586,800

535,346

-8.77%

Carrick-on-Suir Town Council

1,139,383

1,047,814

-8.04%

Cashel Town Council

655,338

593,045

-9.51%

Castlebar Town Council

966,468

851,964

-11.85%

Castleblayney Town Council

469,170

419,775

-10.53%

Cavan Town Council

811,835

718,591

-11.49%

Clonakilty Town Council

588,921

521,171

-11.50%

Clones Town Council

570,359

524,434

-8.05%

Cobh Town Council

1,177,961

1,046,319

-11.18%

Dundalk Town Council

4,961,900

4,403,659

-11.25%

Dungarvan Town Council

966,575

852,052

-11.85%

Ennis Town Council

2,305,693

2,043,399

-11.38%

Enniscorthy Town Council

1,151,903

1,016,035

-11.80%

Fermoy Town Council

818,970

726,081

-11.34%

Kells Town Council

473,188

421,572

-10.91%

Killarney Town Council

1,778,486

1,603,506

-9.84%

Kilrush Town Council

620,402

559,419

-9.83%

Kinsale Town Council

391,048

344,812

-11.82%

Letterkenny Town Council

1,096,274

966,369

-11.85%

Listowel Town Council

748,119

665,706

-11.02%

Longford Town Council

1,148,502

1,012,428

-11.85%

Macroom Town Council

591,359

525,612

-11.12%

Mallow Town Council

1,068,192

951,776

-10.90%

Midleton Town Council

546,739

486,711

-10.98%

Monaghan Town Council

1,105,999

976,889

-11.67%

Naas Town Council

1,459,370

1,336,377

-8.43%

Navan Town Council

545,635

483,948

-11.31%

Nenagh Town Council

1,074,375

957,471

-10.88%

New Ross Town Council

953,252

857,575

-10.04%

Skibbereen Town Council

420,067

370,292

-11.85%

Templemore Town Council

633,782

576,386

-9.06%

Thurles Town Council

963,441

865,088

-10.21%

Tipperary Town Council

829,034

745,880

-10.03%

Tralee Town Council

3,056,595

2,694,458

-11.85%

Trim Town Council

549,878

491,118

-10.69%

Tullamore Town Council

1,235,028

1,089,931

-11.75%

Westport Town Council

800,324

705,501

-11.85%

Wicklow Town Council

1,557,309

1,391,457

-10.65%

Youghal Town Council

1,090,968

965,305

-11.52%

Total

870,000,000

790,000,000

-9.20%

Water Charges

Joe Carey

Ceist:

768 Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 279 of 7 December 2010, when the analysis of the tendering options to ensure the delivery of a cost effective metering programme will be completed; when works will commence; and if he will make a statement on the matter. [48428/10]

As indicated in the reply to Question No. 279 of 7 December 2010, the introduction of water charges for domestic customers will be preceded by the rollout of a national water metering programme to install meters in households connected to the public water supply.

Work is underway in my Department to advance the key tasks necessary for the delivery of the metering programme, including the approach to procurement, with the aim of delivering the programme in the most cost effective manner and to secure its substantial completion over the next three years.

Ambulance Service

Bernard J. Durkan

Ceist:

769 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he has received correspondence in relation to Dublin Fire Brigade regarding the removal of ambulances for the Swords area; his plans to address this matter. [48512/10]

I confirm that correspondence in relation to this matter has been received in the Department. However, the Department of the Environment, Heritage and Local Government, has no role in the provision of ambulance services in the State.

Operational responsibility for the management and delivery of health and personal social services, including the National Ambulance Service, is a matter for the Health Service Executive which is under the aegis of my colleague, the Minister for Health and Children.

Dublin Fire Brigade provides an ambulance service in the Dublin area on behalf of the Health Service Executive. I have no function in relation to the allocation of ambulances, which is a matter to be decided by Dublin City Council and the Health Service Executive.

Waste Management

Bernard J. Durkan

Ceist:

770 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number and location of landfill waste management facilities throughout the country that have been granted planning permission by the relevant local authorities and the number that were awarded licence to operate by the Environmental Protection Agency that have subsequently failed to comply with conditions; the action taken under existing legislation; if any legislative changes are deemed necessary arising from experience in such issues; and if he will make a statement on the matter. [48514/10]

The development and operation of a landfill is subject to the requirement to obtain a waste licence from the Environmental Protection Agency and planning permission from the local authority or An Bord Pleanála. The number and location of landfill sites which have a waste licence are available on the web site of the EPA at www.epa.ie. The operational requirements of landfills are detailed in waste licences issued by the EPA in respect of individual facilities. The monitoring of compliance with the conditions of waste licences is solely a matter for the EPA, and section 60(3) of the Waste Management Act 1996 precludes the Minister from exercising 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 waste licences issued, and to decide on the appropriate enforcement action in relation to any non-compliance matters. The Focus on Environmental Enforcement in Ireland report for the years 2006-2008, which is also available on the EPA web site, summarises the Agency's waste enforcement actions for that period. I am satisfied that the powers available to the Agency are sufficient for it to perform its enforcement role effectively.

Local Authority Housing

Arthur Morgan

Ceist:

771 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the number of persons on housing waiting lists in each local authority on a county basis; the length of time they have been on the waiting list; and if he will make a statement on the matter. [1001/11]

My Department does not hold information on the number of households on a local authority's waiting list. This figure continuously fluctuates as households on the list are allocated housing and new households apply for housing support. A statutory assessment of housing need is carried out every three years by all housing authorities. The last assessment took place in 2008 and indicated that there were 56,249 households in need of social housing support. This assessment also provides information on the waiting period for households seeking social housing support. Detailed information on this assessment, including a breakdown by housing authority, is available on my Department's website — www.environ.ie.

In September 2010, my Department issued a circular letter to housing authorities advising them of the intention to undertake an assessment of need as of 31 March 2011.

Special Areas of Conservation

Bernard J. Durkan

Ceist:

772 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to grant turf cutters in Bord na Móna bogs permission to cut their own turf; and if he will make a statement on the matter. [1044/11]

The restrictions on turf cutting arising from the European Communities (Natural Habitats) Regulations and the Wildlife Acts apply to sites designated as Special Areas of Conservation and Natural Heritage Areas.

Turf-cutting for domestic purposes was allowed to continue for a period of ten years following notification of the then Minister's intention to designate these sites. Survey work over the last ten years has revealed that ongoing domestic turf-cutting and associated drainage on raised bog sites is continuing to damage the bogs and their protected habitats. This ten-year period has now expired for 31 raised bog Special Areas of Conservation (SAC). It will expire for the remaining 24 raised bog SACs at the end of this year and for 75 raised bog Natural Heritage Areas at the end of 2013. Turf-cutting cannot proceed beyond the ten-year period on these sites without my explicit consent. These restrictions will apply regardless of who owns the bogs or has turbary rights relating to them,

Building Regulations

Michael McGrath

Ceist:

773 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government the person responsible for individual water supply pipes to households freezing during the cold weather; if the local authority is responsible for ensuring that developers of housing estates comply with the requirements of building regulations regarding the depth of water supply pipes underground and, in the event that such requirements have not been adhered to, the action that can be taken. [1049/11]

I refer to the reply to Question No. 2 of 25 February 2010 which deals comprehensively addresses the matter raised.

Departmental Funding

Emmet Stagg

Ceist:

774 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 202 of 15 December 2010, if the projected reserve balance of €1.7 million for the end of 2011 includes income into the Environment Fund during 2011; and if not, the projected balance in the Reserve Fund at 31 December 2011 [1060/11]

Emmet Stagg

Ceist:

775 Deputy Emmet Stagg asked the Minister for the Environment; Heritage and Local Government further to Parliamentary Question No. 202 of 15 December 2010, the amount of the expenditure profiling for 2011 amounting to €34.9 million that is contractually committed at this stage [1061/11]

Emmet Stagg

Ceist:

776 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 202 of 15 December 2010, if he will provide a list of the projects to be undertaken, with their cost, in relation to the expenditure profiling for 2011 of €34.9 million. [1062/11]

I propose to take Questions Nos. 774 to 776, inclusive, together.

The projected reserve balance of €1.7 million in the Environment Fund at the end of 2011 takes into account each of the following:

the opening surplus in the Fund at start of 2011 of €36.6m;

projected income into the Fund during 2011 of €66.2m; and

projected expenditure from the Fund in 2011 of €101.1m.

The most recent available data indicate that contractual commitments falling due for payment from the Environment Fund total €39.1m. This includes expenditure on programmes, which, by their nature, require multi-annual investment and also on projects where payment will fall due on submission of valid claims by the grantee. Specific allocations for the various programmes which are to be funded under the 2011 Expenditure Profile are currently under consideration. Therefore, it is not possible to supply a full list of projects to be undertaken at this time.

Legislative Programme

Phil Hogan

Ceist:

777 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if all sections of the Planning and Development Act 2009 have received a commencement notice; and if he will make a statement on the matter. [1071/11]

The Planning and Development (Amendment) Act 2010 was enacted on 26 July 2010. Sections 1, 2, 3, 4, 7, 8, 9, 10(a)-(e), 11, 12(a)-(c), 13, 14(a) & (b), 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 37, 39, 40, 41(c), 42, 44, 45, 46, 50(a) & (b), 51, 53, 54, 55, 56, 58, 59, 64, 65(a), (e) & (f), 66, 67, 68, 70, 71, 72, 73, 77, 78 and 81 of the Act have been commenced. The remaining provisions of the Act will be commenced as soon as possible. Section 69 of the Act will not be commenced as it now stands part of a separate Act, the Compulsory Purchase Orders (Extension of Time Limits) Act 2010, which came into force on 7 July 2010.

Water Services

Pat Breen

Ceist:

778 Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Government his plans to undertake an audit of the water pipes in each local authority area with a view to upgrading the aging water pipe infrastructure; and if he will make a statement on the matter. [1113/11]

Pat Breen

Ceist:

779 Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Government his plans to make additional funding available to the local authorities in County Clare to help defray the costs of water pipe repairs during the recent bad weather spell; the amount to be allocated per local authority; and if he will make a statement on the matter. [1114/11]

I propose to take Questions Nos. 778 and 779 together.

The recent severe weather has again highlighted the need to sustain our efforts to rehabilitate older water mains, many of which were damaged during the cold spell. Water mains rehabilitation is an integral part of local authority water conservation strategies, whereby water distribution pipelines are relined or replaced, and is a key priority under my Department's Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library.

As part of the development of the Programme, local authorities carried out assessments of needs in 2009, at my Department's request, to review and prioritise their proposals for new capital works, including mains rehabilitation works, in their areas. In their needs assessments, local authorities identified mains rehabilitation works with a value of some €320 million which are included as contracts due to commence over the period of the Programme. Funding is particularly targeted at areas where the level of unaccounted for water is unacceptably high. Over time, this investment should lead to marked reductions in unaccounted for water and progress will continue to be monitored on an annual basis through the local authority service indicator process.

My Department has already allocated over €14 million to local authorities in December 2010 in supplementary funding to assist them in meeting the exceptional and unexpected costs associated with the recent bout of severe winter weather. These costs included such items as road clearance, gritting, salting, overtime and the provision of water. The funding was allocated on the basis of submissions received and was paid to local authorities on 21 December. I have committed to making further funding available to local authorities specifically for the costs incurred in addressing water services difficulties following the thaw at the end of December. Allocations will be made to relevant authorities following a full assessment in the coming weeks of the costs involved.

Departmental Expenditure

Lucinda Creighton

Ceist:

780 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1174/11]

My Department is committed to consulting with its customers, both to ensure that account is taken of the widest range of views possible in our policy and legislative development, and to evaluate the effectiveness of our programmes and services. The following table sets out expenditure on opinion polling (including structured surveys and questionnaires) and focus groups as part of the Department's consultations, incurred over the past four years.

Year

Project details

Nature of research/polling

Expenditure

2008 (paid in 2009)

Communications Programme under the Market Development Programme for Waste Resources

Interviews (10) and focus groups (2)

€20,267.50

2008

Customer Service Survey 2008

Online survey of Department’s stakeholders

€3,994.42 (€223.42 subscription costs for online survey software and €3,771 press advertising)

2008

Change Campaign

Focus groups to assess attitudes to Climate Change and to certain aspects of the awareness campaign.

€99,126

2009

National Traveller Accommodation Consultative Committee (NTACC) — Research into the Barriers to the Provision of Traveller Accommodation

Questionnaires to local authorities.

€6,110.50

Lucinda Creighton

Ceist:

781 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1189/11]

Information in relation to the number of mobile telephones and the total cost of paying mobile telephone bills by public bodies under my remit is a matter for the Agencies themselves.

Lucinda Creighton

Ceist:

782 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1204/11]

The following table outlines the number of mobile phones and the total cost of paying mobile telephone bills for my Department for the time period in question. The mobile phone services are procured under the Department of Finance Mobile Voice and Data Procurement Framework.

Date

Total No. of Staff with Mobile Phones (incls blackberrys)

Total Cost of providing mobile services

2006

426

245,304

2007

466

222,929

2008

489

251,727

2009

472

209,367

2010

450

196,474

Lucinda Creighton

Ceist:

783 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the total spend on production and the air time for an advertisement announcing the proposed designation of the Wicklow mountains as a special protection area; and if he will make a statement on the matter. [1238/11]

Notices announcing the classification of Wicklow Mountains Special Protection Area for birds were broadcast on RTE Radio 1 and East Coast FM over the period 15 to 17 of December. The total cost, inclusive of VAT, for the production of the advertisement was €605. The total cost, inclusive of VAT, for air time was €10,968. The stations chosen for the broadcasting of this notice were in line with professional advice provided to my Department having regard to the particular area proposed for classification.

Local Authority Housing

Terence Flanagan

Ceist:

784 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government his plans to bring forward a new apartment sale scheme under the Housing Miscellaneous Act 2009; and if he will make a statement on the matter. [1271/11]

I expect to make the necessary statutory instruments in the coming months to enable the tenant purchase scheme for local authority apartments under Part 4 of the Housing (Miscellaneous Provisions) Act 2009 to be brought into operation as quickly as possible thereafter.

Heritage Sites

Charlie O'Connor

Ceist:

785 Deputy Charlie O’Connor asked the Minister for the Environment; Heritage and Local Government to confirm actions now open to him to preserve and protect the 1916 historical site at Moore Street in Dublin city centre; and if he will make a statement on the matter. [1290/11]

Joanna Tuffy

Ceist:

789 Deputy Joanna Tuffy asked the Minister for the Environment; Heritage and Local Government if he has been informed of Dublin City Council’s plans to partially demolish buildings 17 and 18 Moore Lane, and his views of the fact that these buildings back on to the Moore Street terrace of buildings which form part of the Carlton site and include buildings listed as national monuments; if his consent is required for those demolitions, it being a development that affects those national monuments; the steps he will take to preserve the buildings at Moore Lane which were occupied by leaders during the 1916 Rising; and if he will make a statement on the matter. [1426/11]

Maureen O'Sullivan

Ceist:

792 Deputy Maureen O’Sullivan asked the Minister for the Environment; Heritage and Local Government the action he will take to ensure the preservation and restoration of buildings in the area of Moore Street, Dublin 1, associated with the 1916 Rising, in view of the recent partial demolition of buildings on Moore Lane which had been occupied by the leaders of the Rising; if he consider listing the buildings on Moore Lane as protected structures as they are of immense historical significance; if he will consider designating and supporting the area of the General Post Office, Moore Street and Moore Lane as a historical quarter of the city and ensure it is a fitting monument and tribute to the men and women of the Easter Rising instead of allowing it fall into further dereliction and neglect. [1477/11]

I propose to take Questions Nos. 785, 789 and 792 together.

In January 2007, my predecessor as Minister for the Environment, Heritage and Local Government placed a Preservation Order on nos. 14 to 17 Moore Street under the National Monuments Acts. The Preservation Order was made on the grounds that the buildings, which are privately owned, are a monument, the preservation of which is of national importance by reason of its historical importance as the final headquarters of the leaders of the 1916 Easter Rising. My role as Minister for the Environment, Heritage and Local Government is to protect the monument, under that Order, from any danger of being destroyed, injured or removed. In that regard any works affecting the monument require my prior consent under the National Monuments Acts.

I understand that the building where recent works took place to remove the upper storey on safety grounds is located at the corner of Henry Place and Moore Lane. The building is outside the area encompassed by the Preservation Order on nos. 14 to 17 Moore St. and there was, accordingly, no requirement for Ministerial consent to be obtained for the works. An Bord Pleanála has granted planning permission for development on the site that includes the Moore St. monument. This permission does not supersede the Preservation Order already in place and my consent will still be required for any development works that may affect the buildings covered by the Preservation Order. I fully appreciate the historical significance of these buildings as the site of the last military actions of the 1916 Rising leaders and the appropriateness of any proposed works will be carefully examined against that historical background if a works related consent application is submitted.

Local Authority Housing

Ciaran Lynch

Ceist:

786 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the way a market value is calculated in areas where there is insufficient market demand to accurately determine the market value rent; his plans to introduce a minimum market value in such areas and the level of same; and if he will make a statement on the matter. [1342/11]

In areas where there may be insufficient demand accurately to determine the market value rent for a leasing proposal, housing authorities and approved housing bodies determine a market value for that area using the market rent value of the area of nearest equivalence. I have no plans at present to introduce a minimum market value rent in any area.

Retail Sector Developments

Denis Naughten

Ceist:

787 Deputy Denis Naughten asked the Minister for the Environment; Heritage and Local Government the status of the review of the retail planning guidelines; the nature of changes under consideration; when he expects to publish revised guidelines; and if he will make a statement on the matter. [1346/11]

My Department is currently reviewing the Retail Planning Guidelines which were originally published in 2001 and updated in 2005. Among the principles guiding the review are the following:

competition to the benefit of the consumer should be maintained and enhanced in accordance with proper planning and sustainable development;

existing retail development-type definitions and relevant floor space limits should be assessed to determine whether they remain appropriate or whether they need to be amended;

preferred locations for retail development should continue to be guided by considerations of sustainable land use, including access by public transport;

in particular, new retail development should be encouraged to contribute to the vitality and vibrancy of town and village centres, to ensure that they retain retailing as a core function; and

realistic, regionally consistent and forward-looking strategies for plan-led retail development should be devised which can give clear guidance to planning authorities, developers and shop owners in formulating development or expansion proposals.

An Issues Paper, which set out high-level and strategic issues for retail planning, was published by my Department 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 in the early months of 2011, thus affording stakeholders and interested parties a further opportunity to input into the policy formulation process before the statutory guidelines are finalised later this year. In accordance with the Memorandum of Understanding on Specific Economic Policy Conditionality between Ireland and the EU/IMF, the review is also addressing the issue of the cap on retail floor space contained in the current guidelines.

Local Authority Housing

Ciaran Lynch

Ceist:

788 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government his plans to introduce a new national differential rent system for local authority residents in view of the fact that approved housing bodies are at present required to cope with numerous differential rent systems in local authorities; when he will introduce such a system; and if he will make a statement on the matter. [1361/11]

Regulations and guidelines for housing authorities in relation to differential rent are currently in preparation in my Department. Once section 31 of the Housing (Miscellaneous Provisions) Act 2009, which provides for rent schemes and charges, has been commenced, housing authorities will have one year in which to put in place a new differential rent scheme. It is expected that the regulations will be in place by the end of the first quarter of this year. While it is not the intention to implement a national standardised differential rent scheme, the regulations to be made will more clearly set out the parameters within which local rents schemes may operate.

Question No. 789 answered with Question No. 785.

Motor Taxation

Bobby Aylward

Ceist:

790 Deputy Bobby Aylward asked the Minister for the Environment, Heritage and Local Government if he will liaise with licensing authorities in each county to discuss the possibility of introducing a direct debit facility for payment of motor tax which would assist motorists who cannot afford quarterly payments at the present time due to loss of earnings; and if he will make a statement on the matter. [1459/11]

There is no provision in law for motor tax to be paid by direct debit instalments. An instalment system would be unwieldy and potentially costly in administrative terms. As well as the additional resource costs in monitoring payments and pursuing missed instalments, such a system could introduce an element of uncertainty in relation to the point at which liability for motor tax is discharged. I have no plans to introduce a direct debit facility for the payment of motor tax.

Local Authority Funding

Joan Burton

Ceist:

791 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the total amount of development levies on hand for each local authority at end 2010; the annual development levy income for each local authority for each year since 2006; the current position in respect of the use of the development levies by local authorities; and if he will make a statement on the matter. [1475/11]

Each planning authority is required to include, in its statutory annual accounts, details of contributions received and information on how the contributions have been spent. Information on the amount of development contributions on hand for each local authority at end of year 2010 is not yet available. Information on 2009 will be available in March 2011, following a full audit by the Local Government Audit Service during the audit cycle 2010-2011.

The total amount of development contributions on hand for each Local Authority to the end of 2008 is listed in Table 1. Table 2 lists the annual development contribution income for each local authority for 2006-2008.

Under the Planning Acts, the role of the Minister is to provide the necessary statutory and policy framework within which individual development contribution schemes are adopted by each local authority. The adoption of individual development contribution schemes is a reserved function of the locally elected members of each planning authority. It is a matter for the members to determine the level of contribution and the types of development to which they will apply.

Table 1: Development Contributions — Balance 31 December 2008

County

Carlow

1,462,237

Cavan

7,234,169

Clare

7,704,039

Cork

70,579,222

Donegal

8,586,674

Fingal

191,589,470

DLRCC

130,193,047

Galway

11,920,209

Kerry

16,449,214

Kildare

34,781,944

Kilkenny

22,225,676

Laois

32,088,814

Leitrim

8,308,861

Limerick

15,934,033

Longford

9,556,952

Louth

37,295,023

Mayo

12,294,059

Meath

56,627,592

Monaghan

7,940,563

North Tipperary

11,509,396

Offaly

11,545,111

Roscommon

9,267,143

Sligo

2,075,701

South Dublin

56,378,967

South Tipperary

18,833,113

Waterford

7,190,072

Westmeath

14,548,403

Wexford

34,841,849

Wicklow

4,700,157

City

Cork

5,894,533

Dublin

76,620,243

Galway

7,589,635

Limerick

12,945,067

Waterford

4,823,434

Source Local Authority Annual Financial Statements 2008.

Commencing in 2007, all local authorities were required to change the basis of accounting for development contributions from a cash basis to accruals. A further requirement was introduced for the 2008 financial period requiring the inclusion, by each local authority, of details in the annual financial statement of all outstanding uncollected levies.

Table 2: Annual Development Contribution Income by Local Authority 2006-2008

2006

2007

2008

County Councils

Carlow

4,891,255

12,492,700

7,546,009

Cavan

3,964,316

17,763,368

3,821,397

Clare

12,012,655

11,300,296

3,344,863

Cork

57,543,549

87,170,837

34,051,269

Donegal

11,274,978

11,264,167

406,104

Fingal

72,845,385

160,568,291

63,462,981

DLRCC

52,244,453

38,357,155

92,186,768

Galway

16,481,461

17,690,469

11,535,676

Kerry

11,837,222

9,627,219

5,368,092

Kildare

45,163,325

39,966,971

17,550,933

Kilkenny

13,293,489

19,209,695

2,417,512

Laois

14,488,109

31,584,256

(168,675)

Leitrim

5,144,431

5,777,822

1,366,373

Limerick

14,095,565

28,043,960

43,064,308

Longford

13,982,298

3,560,943

816,222

Louth

15,351,595

11,426,933

(5,614,903)

Mayo

11,569,353

11,662,571

4,004,701

Meath

31,782,594

66,223,465

26,242,745

Monaghan

3,085,405

5,567,615

2,839,202

North Tipperary

4,712,438

5,743,154

1,627,422

Offaly

10,802,853

4,640,754

578,874

Roscommon

10,440,339

28,884,365

6,771,593

Sligo

5,246,192

8,913,973

2,418,138

South Dublin

42,468,864

53,339,231

27,707,900

South Tipperary

6,213,943

2,259,019

3,440,024

Waterford

5,969,582

6,843,447

1,527,804

Westmeath

15,250,389

3,675,238

7,652,692

Wexford

23,673,350

13,458,132

7,645,424

Wicklow

16,904,472

18,156,560

9,469,642

City Councils

Cork

16,709,532

20,813,611

10,136,664

Dublin

60,038,007

67,591,484

56,055,259

Galway

7,745,385

19,247,923

3,978,516

Limerick

8,672,207

9,794,781

3,196,106

Waterford

4,293,207

2,113,445

1,496,640

Source: Note 11 of Local Authority Annual Financial Statements.

Question No. 792 answered with Question No. 785.

State Boards

Thomas P. Broughan

Ceist:

793 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the appointments he has made to State boards and State agencies under the remit of his Department since June 2007; and if he will make a statement on the matter. [1525/11]

A number of different statutory processes are involved in appointments to State boards. In some cases statutory selection procedures must be followed or nominations must be sought from independent nominating panels before appointments are made by the Government or by the Minister for the Environment, Heritage and Local Government. In other cases only particular public office holders may be appointed to certain boards. In a number of situations, only some appointments to the body concerned are made by the Minister, or appointments are made with the consent of the Minister for Finance or following consultation with the Minister for Finance or Minister for Education and Skills, as appropriate.

In the context of the above, the following table sets out relevant information in respect of all persons appointed by me to the state boards under the aegis of my Department since June 2007. Some may have retired from these positions in the interim. The boards of An Bord Pleanála and the Environmental Protection Agency are executive in nature and the members are full-time salaried positions.

Housing and Sustainable Communities Ltd (HSC) was formed as a Private Single Member company subsidiary of the National Building Agency (NBA). It undertakes functions in relation to management of land arising as a result of the land aggregation scheme and leasing. The Board of "Housing and Sustainable Communities Ltd" will be paid a fee as part of their directorship of the NBA from 1 January 2011 (the board is the same for the NBA and members will be paid one fee).

The NBA is due to be wound down over the period of 2011 and a decision was taken to appoint a smaller streamlined Board to oversee this process with effect from 1 January 2011. This Board is also charged with overseeing the formal establishment of the Housing and Sustainable Communities Agency (HSCA). The functions of the Fire Services Council are being undertaken by the Department since the term of office of its members expired on 30 June 2009. It is not intended to reappoint a Council.

Name of State Body/Board

Names of Persons Appointed since July 2007

Affordable Homes Partnership

Catherine Gorman Conn Murray*

The Minister appointed Board members in accordance with The Affordable Homes Partnership Establishment Order 2005. The lifetime of the AHP officially ended at 31 December 2010.

An Bord Pleanála

Thomas O’Connor*

Appointed as ordinary member of An Bord Pleanála by the Minister under section 104 of the Planning and Development Act 2000.

Margaret Byrne*

Appointed as ordinary member of An Bord Pleanála by the Minister under section 106 of the Planning and Development Act 2000.

Building Regulations Advisory Board

The Minister appoints the Building Regulations Advisory Body (BRAB), under Section 14 of the Building Control Act 1990. While there is no ex-officio category of membership, the practice has been to invite relevant organisations to nominate possible members.

Jay Stuart

Chair

Brian McKeon

Construction Industry Federation

Cian O’Lionáin*

Department of the Environment, Heritage and Local Government

Jack Callanan

National Disability Authority

Jimmy Keogan*

Dublin City Council

Mark McAuley

IBEC

Noel Carroll*

Department of the Environment, Heritage and Local Government

Sean Balfe*

National Standards Authority of Ireland

Jacqui Donnelly*

Department of the Environment, Heritage and Local Government

Sarah Neary*

Department of the Environment, Heritage and Local Government

Terry Prendergast

National Consumer Agency

Insp Maria Walsh*

An Garda Síochána

Edel Collins*

Office of Public Works

Kevin O’Rourke*

Sustainable Energy Association Ireland

Name of State Body/Board

Names of Persons Appointed since July 2007

An Chomhairle Leabharlanna

Senator Mark Dearey

An Chomhairle’s members are appointed by the Minister for the Environment, Heritage and Local Government in accordance with the Local Government (An Chomhairle Leabharlanna) Regulations 1997-2007, all but three on the nomination of specified organisations, for a five-year term, as outlined below.The Chair of An Chomhairle is appointed by the Minister in consultation with the Minister for Education and Skills.

Councillor Pat McMahon

Minister for Environment, Heritage and Local Government

Councillor Cora Long

Minister for Environment, Heritage and Local Government

Councillor Des Hurley

Association of County and City Councils

Councillor Michael Abbey

Local Authority Members Association

Councillor Jim Darcy

Association of Municipal Authorities of Ireland

Deirdre Ellis-King*

Library Association of Ireland

Ruth Flanagan*

Library Association of Ireland

Colette O’Flaherty*

National Library of Ireland

Robin Adams*

Board of Trinity College, Dublin

Jim Foran*

Higher Education Authority

Paul Sheehan*

Higher Education Authority

Gerardine Moloney*

Higher Education Authority

Councillor Billy Cameron*

Association of County and City Councils

Pat McMahon *

Library Association of Ireland

Fionnuala Hanrahan*

Library Association of Ireland

Name of State Body/Board

Names of Persons Appointed since July 2007

Comhar Sustainable Development Council

Persons are appointed by the Minister from nominations by bodies under each of the five pillars:State/public sector Economic sector Environmental NGOs Social/community NGOs Professional/academic sector

Shirley Clerkin *

The Heritage Council

Tom O’Mahony *

Department of Environment, Heritage and Local Government

Jackie Maguire *

Office for Local Authority Management

Micheal O’Cinneide *

Environmental Protection Agency

Dr Clare Penny

Business in the Community Ireland

Emer Dunne

Irish Creamery Milk Suppliers Assoc.

Ruaidhrí Deasy

Irish Farmers Association

David Korowicz

Irish Environmental Network (Feasta)

Frank Corcoran *

Irish Environmental Network (An Taisce)

Pat Finnegan

Irish Environmental Network (GRIAN)

Jack O’Sullivan

Irish Environmental Network (An Taisce)

Fr Sean Healy

Social Justice Ireland

Niamh Garvey

Dóchas

Elaine Nevin

National Youth Council of Ireland

Seamus Boland

Irish Rural Link

Sue Scott *

Royal Irish Academy

Deirdre McGrath *

Royal Town Planning Institute

Prof Vincent O’Flaherty *

Royal Irish Academy

Michael Layde *

Department of the Environment, Heritage and Local Government

Mary Stack *

Fáilte Ireland

Mairead Cirrillo

Small Firms Association

Finola McDonnell

Irish Business and Employers Confederation

Molly Walsh

Irish Environmental Network (Friends of the Earth)

Ann Irwin

Community Workers Co-op

Prof Ray Bates *

Royal Irish Academy

Ciaran Byrne *

Royal Dublin Society

Pat Farrell

Irish Farmers Association

Dr Matthew Crowe *

Environmental Protection Agency

John McCarthy*

Department of the Environment, Heritage and Local Government

Name of State Body/Board

Names of Persons Appointed since July 2007

Designated Areas Appeals Advisory Board

Ciana Campbell, appointed as Co-Chair

Appointed by the Minister for Environment, Heritage and Local Government

Dublin Docklands Development Authority — Board

Gerry McCaughey

Appointments to the DDDA are made by the Minister for the Environment, Heritage and Local Government under the DDDA Act 1997

Prof. Niamh Brennan*

Mark Griffin*

Yvonne Farrell

Dr Berna Grist*

Dublin Docklands Development Authority — Council

The DDDA Council is appointed under section 16 of the DDDA Act 1997 and nominated by the following:

Deaglain O’ Brian*

Minister for Community Equality & Gaeltacht Affairs

Maurice Scully

Bord Gais Eireann

David Walsh*

Department of the Environment, Heritage and Local Government

Greg Clarke*

Dublin Chamber of Commerce

Niall Ring*

Dublin City Council

Claire O’Regan*

Dublin City Council

Ray McAdam*

Dublin City Council

Anne Graham*

National Transport Authority

Eamonn O’Reilly*

Dublin Port Company

Environmental Protection Agency **

Larry Stapleton*

Appointed by the Government under section 24 of the Environmental Protection Agency Act 1992

Micheal O’Cinneide*

Mary Kelly*

Laura Burke*

Dara Lynott*

Matthew Crowe*

Fire Services Council

Brendan Mahon*

Department of the Environment, Heritage and Local Government

Name of State Body/Board

Names of Persons Appointed since July 2007

The Heritage Council

Conor Newman*

Appointed by the Minister for the Environment, Heritage and Local Government in accordance with PART II 5. (5) the Schedule to the Heritage Act 1995

Kealin Ireland

Dr Henry Lyons

Gráinne Shaffrey

Ian Lumley

Brian Lucas*

Helen O’Carroll*

Professor Gabriel Cooney*

Dr Brendan Dunford

Dr Caro-Lynn Ferris

Mary Keenan

Housing Finance Agency

John Bolger*

Appointed by the Minister under the Housing Finance Agency Act 1981

*Philip Nugent*

Housing and Sustainable Communities Ltd***

Rich Howlin

Housing and Sustainable Communities Ltd was formed as a Private Single Member company subsidiary of the National Building Agency. This Board is the same Board appointed to the National Building Agency.

Gordon Richards*

Eddie Lewis*

John O’Connor*

Marie McLaughlin*

Peter Carey*

John McCloskey

Ann McGuinness

Irish Water Safety

Laurence Kelly*

Department of the Environment, Heritage and Local Government

Dave Corcoran*

Name of State Body/Board

Names of Persons Appointed since July 2007

Limerick Northside Regeneration Agency

All nominations to the Boards of the Limerick Regeneration Agencies are made by way of Ministerial Order as set out in SI 275 and SI 276 of 2007 which established the Agencies. These were amended by the Local Government Services (Corporate Bodies) (Confirmation of Orders) Act 2008. The Orders and Act set out the membership of the Boards.

John Fitzgerald

Chairperson

Brendan Kenny*

CEO of the Agencies

John Laffan*

Department of Environment, Heritage and Local Government

Kathleen Stack*

Department of Community Equality & Gaeltacht Affairs

Michelle Shannon*

Department of Justice & Law Reform

Mary Moloney*

Department of Social Protection Representative

Tom Mackey*

Limerick City Manager

Alec Fleming*

Clare County Manage

Ned Gleeson*

Limerick County Manager

Willie Keane*

An Garda Síochána

Anne Cremin

Community Representative

Paddy Flannery

Community Representative

Michael Tiernan

Business Community Representative

Pat Fitzgerald*

HSE

Pat McSitric*

Department of Education and Skills

Eddie Lewis*

Department of the Environment, Heritage and Local Government

Nuala Kernan

Community Representative

Mary Donnelly*

FAS

Tom Coughlan*

Clare County Manager

Frank McGlynn*

Department of Social Protection

Thomas Mahon*

An Garda Síochána

Mary Tully*

Department of the Environment, Heritage and Local Government

David Sheahan*

An Garda Síochána

Michael Layde*

Department of the Environment, Heritage and Local Government

Name of State Body/Board

Names of Persons Appointed since July 2007

Limerick Southside Regeneration Agency

John Fitzgerald

Chairperson

Brendan Kenny*

CEO of the Agencies

John Laffan*

Department of the Environment, Heritage and Local Government

Kathleen Stack*

Department of Community Equality & Gaeltacht Affairs

Michelle Shannon*

Department of Justice & Law Reform

Mary Moloney*

Department of Social Protection

Tom Mackey*

Limerick City Manager

Alec Fleming*

Clare County Manager

Ned Gleeson*

Limerick County Manager

Willie Keane*

An Garda Síochána

Fr. Pat Hogan

Community Representative

Ann Kavanagh

Community Representative

Liam McElligott

Business Community Representative

Pat Fitzgerald*

HSE

Pat McSitric*

Department of Education and Skills

Eddie Lewis*

Department of the Environment, Heritage and Local Government

Anne Bourke

Community Representative

Mary Donnelly

FÁS

Tom Coughlan*

Clare County Manager

Frank McGlynn*

Department of Social Protection

Thomas Mahon*

An Garda Síochána

Mary Tully*

Department of the Environment, Heritage and Local Government

David Sheahan*

An Garda Síochána

Michael Layde*

Department of the Environment, Heritage and Local Government

Local Government Computer Services Board

Paul McDonald*

Department of the Environment, Heritage and Local Government

Paul Lemass*

Laurence Kelly*

Barry Quinlan*

Name of State Body/Board

Names of Persons Appointed since July 2007

Local Government Management Services Board

Martha Doyle*

Department of the Environment, Heritage and Local Government

Paul Lemass*

Paul McDonald*

Joe Allen*

Barry Quinlan*

National Building Agency ****

John McCarthy*

Appointments to the Board of the NBA are made in accordance with Article 70 of the Articles of Association of the National Building Agency Limited, whereby the Minister consults with the Minister for Finance on the appointment of Directors. Article 69 provides that the number of Directors should be not less than three nor more than thirteen.

Eddie Lewis*

John O’Connor*

Marie McLaughlin*

Peter Carey*

Rich Howlin

Gordon Richards*

John McCloskey

Ann McGuinness

National Traveller Accommodation Consultative Committee

Jim Ganley*

Department of the Environment, Heritage and Local Government

John Paul Collins

Pavee Point

Private Residential Tenancies Board (PRTB)

Orla Coyne

Appointed under Section 153 of the Residential Tenancies Act 2004, which provides that the Minister shall appoint people with experience in a field of expertise relevant to the Board’s functions.

Liam Gleeson*

Aideen Hayden

Ciaran McNamara*

Dr. Eoin O Sullivan*

Thomas J Reilly

Cian O Lionain*

Dessie Larkin

Aidan Brennan*

Finian Matthews

John Tiernan

Joan O’Dowd*

Vincent P. Martin

Gene Feighery

Joe Meehan*

Conn Murray*

Name of State Body/Board

Names of Persons Appointed since July 2007

Radiological Protection Institute of Ireland (RPII)

James Fitzmaurice Nuala Ahern Darina Muckian John O’Dea Adi Roche

Nominated by the Minister under Section 3(a) of the First Schedule of the Radiological Protection Act, 1991

Dr Maurice Fitzgerald

Nominated by the Dental Council under Section 3(b) of the First Schedule of the Radiological Protection Act, 1991

Dr Kevin Kelleher*

Nominated by the HSE under Section 3(b) of the First Schedule of the Radiological Protection Act, 1991

Dr Éamann Breatnach

Nominated by the Medical Council under Section 3(b) of the First Schedule of the Radiological Protection Act, 1991

Dr Patrick Gilligan

Nominated by the Association of Physical Sciences in Medicine under Section 3(b) of the First Schedule of the Radiological Protection Act, 1991

Fionnuala Barker

Nominated by the Irish Nuclear Medicine Association under Section 3(b) of the First Schedule of the Radiological Protection Act, 1991

Dr Stephanie Ryan

Nominated by the Faculty of Radiologists, Royal College of Surgeons of Ireland under Section 3(b) of the First Schedule of the Radiological Protection Act, 1991

The Rent Tribunal

Moya Quinlan

Rent Tribunal members are appointed under the Housing (Private Rented Dwellings) (Amendment) Act, 1983.

Mary Doyle

Louise Moloney

Morette Kinsella

Kieran Buckley

William Stanbridge

Fred Devlin

Orla Coyne

Dr Eoin O’Sullivan*

Tom O’Reilly

Mary Heaslip

*Civil/Public Servant.

Local Authority Staff

Mary Upton

Ceist:

794 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the number of Arts officers working in local authorities that are on contracts; the number, if any that will be up for renewal in the next four years; the effect of the recruitment moratorium on the renewal of these positions; and if he will make a statement on the matter. [1530/11]

Under section 159 of the Local Government Act 2001, each County and City Manager is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible, in compliance with the relevant public sector recruitment and employment law requirements.

While my Department gathers data on the numbers employed in each local authority on a quarterly basis, for practical reasons, it does not routinely gather data on the numbers employed in every post within an Authority. However, a comprehensive survey of local authority staff numbers was carried out in May 2010 at which point there were 27.7 whole time equivalent staff employed as Arts Officers in the Sector. The information requested regarding individual contracts of employment is not available in my Department.

My Department has a delegated sanction, from the Department of Finance, effective from August 2009, for implementation of the general moratorium on the filling of public sector posts across all local authorities. This is on condition that the overall staffing levels in the sector are reduced significantly in adherence with the Government's Policy on Staffing and Numbers in the Public Sector. Under the terms of the moratorium, a local authority requires prior approval from my Department for the filling of any vacancy, as an exception to the moratorium. My Department assesses such requests on a case by case basis. Since August 2009 three requests for Arts Officer posts were received, two were approved on the basis of a fixed term contract and one was approved on a permanent basis.

Turbury Rights

Denis Naughten

Ceist:

795 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 259 of 14 December 2010, the provision made in the 2011 Estimate to compensate turf cutters; and if he will make a statement on the matter. [1583/11]

As indicated in the reply to Question No. 259 of 14 December 2010 I intend to revert to Government shortly regarding the arrangements for those who have been affected by the requirement to cease turf cutting on protected raised bogs. The provision of compensation will be considered in that context, within the overall financial resources available to my Department.

Local Authority Housing

Ciaran Lynch

Ceist:

796 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if the adjusted tenant purchase scheme, which provides a 45% discount, has commenced and if a directive has been issued to local authorities; if he will indicate the duration that this scheme will remain in place; and if he will make a statement on the matter. [1610/11]

As part of Budget 2011, a new tenant purchase scheme will be introduced to allow local authority tenants to avail of a discount of up to 45% on the market price of a house they are eligible to purchase under the scheme. Under the current scheme a maximum 30% discount is accumulated over a 10 year period at a rate of 3% for each year of the tenancy. The new scheme will allow tenants to accumulate up to a maximum of 45% discount over a 15 year period. Applications under the new scheme will be accepted up until the end of 2011.

The necessary statutory provisions are currently in preparation and I expect to make an announcement on the arrangements for the new scheme in the near future. The current tenant purchase scheme remains in place and will, as previously announced, be replaced by a new scheme based on the incremental purchase model in 2012.

Legal Services

Alan Shatter

Ceist:

797 Deputy Alan Shatter asked the Minister for the Environment, Heritage and Local Government in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1621/11]

Alan Shatter

Ceist:

799 Deputy Alan Shatter asked the Minister for the Environment, Heritage and Local Government with regard to legal services used by his Department, any Body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitor’s firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1651/11]

I propose to take Questions Nos. 797 and 799 together.

The information requested in respect of payments made by my Department from 2006 to 2010 is set out in the following table. This does not include costs associated with the Planning Tribunal; payments of this nature by agencies or bodies under the aegis of my Department are a matter for the agency or body concerned. No legal firm provided advice or assistance in respect of the relevant tendering processes.

Year

Name of Firm or Solicitor/Barrister

Subject Matter/Nature of Work

Fees Paid

Competitive Tendering Process

2006

Noel J. Travers Barrister

Legal advice on draft statutory instrument relating to implementation of Kyoto Protocol

3,630

Below €5,000 threshold.

2006

McCann Fitzgerald Solicitors

Expert advice on issues arising from a drainage works contract

43,315

Insufficient time to conduct tender process due to constraints arising in conciliation/arbitration.

2006

Arthur Cox Solicitors

Advice on the transposition of EU Directive 2000/53/EC on End-of-Life Vehicles.

48,427

No competitive process due to critical time constraints.

2007

Peter Fitzpatrick & Co, Legal Cost Accountants

Advice on the settlement costs in Uniform Construction vs. Limerick City Council

1,604

Below €5,000 threshold.

2007

William Fry Solicitors

Legal advice on contracts for Rental Accommodation Scheme

13,310

Yes

2007

McCann Fitzgerald Solicitors

Expert advice on issues arising from a drainage works contract

152,594

Continuation of contract previously awarded.

2007

J.A. Shaw & Co. Solicitors

Ascertaining title to Cadamstown Bridge, correspondence with Offaly County Council, OPW, Chief State Solicitor’s Office leading to execution of guardianship agreement.

1,758

Solicitor engaged by private party involved in guardianship agreement.

2007

Philippe Sands

Legal advice on nuclear safety issues

4,117

No competitive process, due to the nature of the matter concerned.

2008

McCann Fitzgerald Solicitors

Expert advice on issues arising from a drainage works contract

15,378

Continuation of contract previously awarded

2008

Wesley Farrell, Junior Counsel

Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04

12,100

Yes

2008

Elizabeth Cogan, Junior Counsel

Expert advice on addressing the European Court of Justice Judgement C418-04

19,729

Yes

2008

Philippe Sands

Legal advice on nuclear safety issues

1,565

No competitive process, due to the nature of the matter concerned.

2008

Niamh Hyland

Legal advice on nuclear safety issues

6,060

No competitive process, due to the nature of the matter concerned.

2008

Eoghan Fitzsimons

Legal advice on nuclear safety issues

12,120

No competitive process, due to the nature of the matter concerned.

2008

Paul Sreenan

Legal advice on nuclear safety issues

10,100

No competitive process, due to the nature of the matter concerned.

2008

William Fry Solicitors

Legal advice on contracts for Rental Accommodation Scheme

15,625

Yes

2008

William Fry Solicitors

Legal advice on contracts for the Incremental Purchase Scheme

48,840

Yes

2008

William Fry Solicitors

Legal advice on contracts for tenant purchase of local authority apartments

48,857

Yes

Year

Name of Firm or Solicitor/Barrister

Subject Matter/Nature of Work

Fees Paid

Competitive Tendering Process

2009

A&L Goodbody

Legal advice on tender and contract documentation relating to the provision of a Premium Rate Weather Service

6,075

No competitive process. Continuation of contract previously awarded.

2009

Anthony Collins SC, Margaret Gray JC

ECJ Dangerous Substances infringement case. Advice on drafting of Programming Document

€14,701 & €7,290 respectively

Counsel appointed by CSSO.

2009

McCann Fitzgerald Solicitors

Expert advice on issues arising from a drainage works contract

21,198

Continuation of contract previously awarded.

2009

Wesley Farrell, Junior Counsel

Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04

45,249

Yes

2009

Elizabeth Cogan, Junior Counsel

Expert advice on addressing the European Court of Justice Judgement C418-04

18,207

Yes

2009

Eugene Regan, Senior Counsel

Legal advice sought on transposition of Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plant.

901

No competitive process — legal advice previously given in area.

2009

FR Kelly — Barrister

Market Development Programme. Advice on logo patent

592

Yes

2009

Matheson, Ormsby, Prentice

Market Development Programme. Advice on terms and conditions for a student competition

1,063

Yes

2010

McCann Fitzgerald Solicitors

Expert advice on issues arising from a drainage works contract

7,017

Continuation of contract previously awarded.

2010

Wesley Farrell, Junior Counsel

Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04

15,997

Yes

2010

Elizabeth Cogan, Junior Counsel

Expert advice on addressing the European Court of Justice Judgement C418-04

8,719

Yes

2010

FR Kelly — Barrister

Market Development Programme. Advice on a logo patent

507

Yes

2010

Matheson, Ormsby, Prentice

Market Development Programme. Advice on terms and conditions for a student competition

343

Yes

2010

Margaret Gray BL

The drafting of Regulations to comply with Articles 3(6) and 4(3) of EU Directive 2003/35/EC relating to Public Participation

No fees paid to date

No competitive process due to critical time constraints and previous advice provided in the area.

2010

John Hennessy SC

To prepare a report concerning the financial and related risks faced by Dublin City Council in connection with the agreement between the Council and Dublin Waste to Energy Limited.

54,450

Services provided consequent on appointment as an authorised person under section 224 of the Local Government Act 2001.

2010

A&L Goodbody

Legal advice on tender and contract documentation relating to the provision of a Premium Rate Weather Service

14,925

No competitive process. Continuation of contract previously awarded.

In addition to the payments above, some other contractual arrangements for services contain an element of recoupment for incidental legal fees.

Legal Proceedings

Alan Shatter

Ceist:

798 Deputy Alan Shatter asked the Minister for the Environment, Heritage and Local Government in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s Office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1636/11]

The information requested is being compiled in my Department and will be forwarded to the Deputy as soon as possible.

Question No. 799 answered with Question No. 797.

Private Rented Accommodation

Richard Bruton

Ceist:

800 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if he will explain the increase in the tenancy registration fee by the Private Residential Tenancies Board; and if he will make a statement on the matter. [1804/11]

The Residential Tenancies Act 2004 sets out the fees to be charged by the Private Residential Tenancies Board (PRTB) for the registration of a tenancy and it also provides that the PRTB may adjust the fees charged, having regard to changes in the value of money. The fees provided for in the Act are €70 for the registration of a tenancy within one month of the commencement of the tenancy; €140 for the registration of tenancy later than one month after the commencement of the tenancy; and €300 for the registration of several tenancies within the same property and within one month of the commencement of the tenancies.

The PRTB has decided, having regard to changes in the value of money, to increase the above fees to €90, €180 and €375 respectively for all tenancies commencing on or after 1 January 2011.

Departmental Expenditure

Brian Hayes

Ceist:

801 Deputy Brian Hayes asked the Minister for Communications, Energy and Natural Resources the cost to his Department from 2007 in respect of providing all computer, hardware and software, in his private and constituency office in tabular form; and if he will make a statement on the matter. [48151/10]

The following table sets out the cost for each year since 2007 of providing computer hardware and software to my office. The cost includes the equipment provided to my Departmental and constituency office staff, as well as the maintenance on software used in the offices. The cost of consumable items such as toner for printers is not included as this is not recorded against individual divisions in my Department.

2007

2008

2009

2010

Hardware

15,613

1,517

0

234

Software

5,731

2,624

3,745.51

3,415

Total

21,344

4,141

3,745.51

3,649

Joan Burton

Ceist:

802 Deputy Joan Burton asked the Minister for Communications, Energy and Natural Resources if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48181/10]

The following table sets out the sum of money paid by my Department to Indecon Economic Consultants during the period 2006 to 2010. All such work was undertaken in line with procurement guidelines.

Year

Amount

2006

150,187.02

2007

209,063.80

2008

2009

6,860.00

2010

133,511.39

Departmental Websites

Liz McManus

Ceist:

803 Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources if he has the relevant data on the way all public sector organisations communicate with the public; the amount spent on the development and maintenance of public sector websites across all sectors and organisations; and if he will make a statement on the matter. [48195/10]

I do not have the information that the Deputy has requested as it is the responsibility of each individual public sector organisation to determine the most efficient and cost effective way for it to communicate with the public and its other stakeholders.

In relation to my Department, it interacts with the public via numerous media channels including written, telephone, web sites, meetings and press releases which are published on a regular basis. I have also provided opportunities for the public to provide feedback to my policy initiatives via online fora and public consultation processes.

My Department maintains 11 websites that are focused on delivering information and mapping services to the wide range of stakeholders that have an interest in the Communications, Energy, and Natural Resources areas for which my Department is responsible. The websites vary between those of general interest, and those which supply technical information and services to specialised stakeholder groups.

The total setup cost of all websites from 2007 to 2010 is €484,607. The total cost of maintaining these websites including technical maintenance, ongoing development, and hosting charges was €183,000 in 2010.

Liz McManus

Ceist:

804 Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48199/10]

My Department maintains 11 websites that are focused on delivering information and mapping services to the wide range of stakeholders that have an interest in the Communications, Energy, and Natural Resources areas for which my Department is responsible. As the unique visitor numbers illustrate, the websites vary between those of general interest, and specialised websites, which supply information and services of a technical nature to specialised stakeholder groups.

The cost of the websites cannot be easily broken out to individual costs, as most of them are hosted on the same hardware and share features such as mapping services across all the websites.

The total set-up cost of all websites from 2007 to 2010 is €484,607. The total cost of maintaining these websites including technical maintenance, ongoing development, and hosting charges was €183,000 in 2010.

The following table lists the unique visitors for each website for 2010.

Website

Unique Visitors 2010

Average per month

Maintenance Cost 2010

www.dcenr.gov.ie

125,774

10,481

€151,000

www.egovernance.ie

1,298

108

www.broadband.gov.ie (suspended) (Jan 2010 only)

7,158

7,158

www.digitaltelevision.ie

38,326

3,194

www.explorationandmining.com

457

38

www.mineralsireland.ie

7,392

616

www.planetearth.ie

3,457

288

www.gsi.ie

114,602

9,550

www.gsishop.ie

2,455

205

www.makeitsecure.ie

3,391

283

www.jetstream.gsi.ie (HEAnet)

259

22

Total

304,569

31,943

€151,000

Telecommunications Services

Mattie McGrath

Ceist:

805 Deputy Mattie McGrath asked the Minister for Communications, Energy and Natural Resources the timeline on the introduction of broadband to the Ballyporeen area of south Tipperary; and if he will make a statement on the matter. [48285/10]

The provision of telecommunications services, including broadband services, is a matter in the first instance 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. 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 County Tipperary.

In cases of market failure the Government will intervene, where it is appropriate and possible to do so. The National Broadband Scheme (NBS) represents such an intervention. Since the completion of the roll out of the National Broadband Scheme in October 2010, there is at least one service provider offering a broadband service in all areas of Ireland. Attention is now being focussed on isolated cases where broadband is not being delivered due to technical or line of sight reasons.

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 will formally announce the launch of a Rural Broadband Scheme (RBS), shortly. This scheme will aim to provide a basic broadband service to individual un-served rural premises outside of the NBS areas. Ballyporeen, County Tipperary, is not covered by the NBS and therefore any un-served premises in that locality will be eligible to apply under the scheme.

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 and that the scheme will be fully rolled out by the end of 2012.

I am satisfied therefore that between the services being provided by the commercial operators, the service now available through the NBS and the forthcoming RBS which will target individual un-served premises, Ireland will very shortly be fully served from a broadband perspective.

Alternative Energy Projects

Leo Varadkar

Ceist:

806 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the rule or requirement, if any, of the single energy market which requires a wind generator to have a purchasing power agreement with a supplier; and if he will make a statement on the matter. [48318/10]

Leo Varadkar

Ceist:

807 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the services the suppliers provide to merit the reward of a 15% REFIT balancing payment for contracting REFIT supported windfarms; and if he will make a statement on the matter. [48319/10]

I propose to take Questions Nos. 806 and 807 together.

The Single Electricity Market does not impose a requirement on wind generators to have power purchase agreements with suppliers. A majority of wind generators would however have entered power purchase agreements because they have voluntarily chosen to participate in the AER or REFIT schemes. Having a power purchase agreement with a supplier is a condition of those schemes.

A small number of wind generators would not be participating in these schemes either because they have chosen not to do so, or have already availed of the schemes for the duration of their contracts which have now ended. Some wind generators have chosen of their own volition to leave the schemes and participate directly in the Single Electricity Market.

The AER scheme is no longer open for new applications. The REFIT scheme, which guarantees a minimum price for certain classes of renewable electricity generation, is designed to underpin the business case for investors in the renewable generation sector.

A key component of the scheme is the requirement for Power Purchase Agreements (PPAs) between renewable energy generators and suppliers. The PPAs create certainty for generators and incentivise suppliers to purchase renewable electricity.

Payments, including the 15% balancing payment, are made to the suppliers who enter commercially negotiated Power Purchase Agreements with generators of renewable electricity. Under a PPA, the supplier undertakes to purchase all the output from a renewable energy generator at contract prices which are fixed between the generator and the supplier at the commencement of each individual contract for 15 years, irrespective of the open market pool price.

The supplier also assumes the market interaction role between the individual generator and the pool market and incurs additional costs in respect of this which are also reflected in the balancing payment.

In designing the REFIT scheme, my Department concluded that in order to ensure suppliers' critical participation in developing renewable generation capacity in the liberalised electricity market, a proportionate balancing payment mechanism was necessary. There has been a steady increase in total capacity of renewable projects on the system since the introduction of the REFIT scheme.

Grant Payments

Bernard J. Durkan

Ceist:

808 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the number of sustainable energy Ireland grant applications granted; the number pending; the degree to which funding has been provided to meet the demand; and if he will make a statement on the matter. [48435/10]

In 2010, the Sustainable Energy Authority of Ireland has administered a range of programmes across a number of energy efficiency related areas. Some of these programmes involve the provision of grant aid, while others do not.

The number of grant applications granted in 2010 and those pending at the start of 2011 are as set out in the following table.

Programme

No. of applications approved

No. of applications pending

ReHeat Deployment Programme

157

19

CHP Combined Heat and Power Deployment Programme

26

8

Energy Efficiency Fund

66

Warmer Homes Scheme

79

Ocean Energy Prototype RD&D

8

5

Renewable Energy RD&D

11

13

Warmer Homes Retrofit

5

HESS Home Energy Savings Scheme

68,902

22,835

GHS Greener Homes Scheme

6,272

539

75,526

23,419

Funding to meet the demand set out above was provided for from within the Department's Vote in 2010 and 2011.

Departmental Correspondence

Jimmy Deenihan

Ceist:

809 Deputy Jimmy Deenihan asked the Minister for Communications, Energy and Natural Resources if the document that includes the complaint made to the EU on 30% airplay being disallowed for Irish music is available and, if so, if he will provide this Deputy with a copy of same; and if he will make a statement on the matter. [1010/11]

Jimmy Deenihan

Ceist:

810 Deputy Jimmy Deenihan asked the Minister for Communications, Energy and Natural Resources if the document that includes the complaint made to the EU on 30% being disallowed for Irish music is available; and if so, if he will provide a copy of it; and if he will make a statement on the matter. [1079/11]

I propose to take Questions Nos. 809 and 810 together.

The papers that the Deputy refers to, relate to the mid 1990s, when the Regulator attempted to introduce a policy whereby 30% of music played by commercial radio stations would be by Irish artists but was informed by the Commission that the policy would be in breach of EU regulations. These documents are not held by my Department but by the Broadcasting Authority of Ireland (BAI).

I have made enquiries with the BAI on the matter and they have informed me that they will retrieve the document requested from archive and provide it to the Deputy.

Grant Payments

Lucinda Creighton

Ceist:

811 Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources if the tax allowances for energy upgrades mentioned in budget 2011 will complement the existing Sustainable Energy Authority of Ireland grant system or replace it; and if he will make a statement on the matter. [1165/11]

The details of the tax relief scheme announced by the Minister for Finance in the Budget speech are being finalised at present and will be published in the Finance Bill. It is intended that the tax relief scheme will fully complement the Home Energy Savings (HES) Scheme administered by the Sustainable Energy Authority of Ireland (SEAI) on behalf of my Department.

Departmental Expenditure

Lucinda Creighton

Ceist:

812 Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources the amount spent by his Department on opinion polling and focus group research in each of the years 2007 to 2010, inclusive; and if he will make a statement on the matter. [1169/11]

There was expenditure on two such groups in 2007 and 2008, the details of which are shown in the following table.

Group

Details

Amount 2007

Amount 2008

DTT User Trial Research

Market research including polling of opinion on DTT trial from trial participants

115,918.00

26,499.00

Behaviour & Attitudes Barometer Research

Focus group quantitative and qualitative research on the Power of One energy efficiency awareness campaign.

47,879.70

28,193.00

Lucinda Creighton

Ceist:

813 Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources the number of mobile telephones paid for by public bodies under his remit in the years 2006 to 2010, inclusive; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1184/11]

Lucinda Creighton

Ceist:

814 Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources the number of mobile telephones paid for by his Department in the years 2006 to 2010, inclusive; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1199/11]

I propose to take Questions Nos. 813 and 814 together.

I can inform the Deputy that the number of mobile telephones paid for by the relevant public bodies under the remit of my Department and the total cost of mobile telephone bills for these bodies is a day to day operational matter for the bodies concerned.

My Department currently has 53 mobile phones and 47 Blackberry data devices in use. Under the terms of our contracts for the supply of mobile telephone and data services, handsets are provided free of charge for new accounts or on upgrades. While occasionally a handset will be paid for, the staff time involved in disaggregating this small element of overall costs cannot be justified.

The following table gives details of the cost of mobile telephone and data bills for the various years:

Year

Mobile Phone Costs

2007

133,786.01

2008

77,451.23

2009

63,655.86

2010

62,509.42

TOTAL

337,402.52

Alternative Energy Projects

Jimmy Deenihan

Ceist:

815 Deputy Jimmy Deenihan asked the Minister for Communications, Energy and Natural Resources if the renewable energy feed in tariff scheme for electricity generated from biomass including energy crops such as miscanthus and willow has been approved by the European Commission; and if he will make a statement on the matter. [1332/11]

The application for State Aid Clearance in relation to REFIT for energy from biomass was submitted by my Department to the European Commission in early November.

The European Commission responded with a number of questions in late December. My Department is finalising responses at present with the objective of ensuring that approval is forthcoming from the Commission as quickly as at earliest possible date.

Telecommunications Services

James Bannon

Ceist:

816 Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources when broadband will be available in an area (details supplied); and if he will make a statement on the matter. [1572/11]

The provision of telecommunications services, including broadband services, is a matter in the first instance 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.

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 County Longford.

In cases of market failure the Government will intervene, where it is appropriate and possible to do so. The National Broadband Scheme (NBS) represents such an intervention. Since the completion of the roll out of the NBS in October 2010, there is at least one service provider offering a broadband service in all areas of Ireland. Attention is now being focussed on isolated cases where broadband is not being delivered due to technical or line of sight reasons.

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 will formally announce the launch of a Rural Broadband Scheme, shortly. This scheme will aim to provide a basic broadband service to individual un-served rural premises outside of the NBS areas. Ledwithstown, Ballymahon, County Longford, is not covered by the NBS and therefore any un-served premises in that locality will be eligible to apply under the scheme.

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 and that the scheme will be fully rolled out by the end of 2012.

I am satisfied therefore that between the services being provided by the commercial operators, the service now available through the NBS and the forthcoming Rural Broadband Scheme, which will target individual un-served premises, Ireland will very shortly be fully served from a broadband perspective.

Legal Services

Alan Shatter

Ceist:

817 Deputy Alan Shatter asked the Minister for Communications, Energy and Natural Resources in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1616/11]

In the time available, it has not been possible to conclude an examination of the relevant records.

Officials within my Department are continuing the examination of the position and I will revert to the Deputy as soon as possible.

Legal Proceedings

Alan Shatter

Ceist:

818 Deputy Alan Shatter asked the Minister for Communications, Energy and Natural Resources in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1631/11]

In the time available, it has not been possible to conclude an examination of the relevant records.

Officials within my Department are continuing the examination of the position and I will revert to the Deputy as soon as possible.

Legal Services

Alan Shatter

Ceist:

819 Deputy Alan Shatter asked the Minister for Communications, Energy and Natural Resources with regard to legal services used by his Department, any Body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitor’s firm who succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1646/11]

In the time available, it has not been possible to conclude an examination of the relevant records.

Officials within my Department are continuing the examination of the position and I will revert to the Deputy as soon as possible.

Grant Payments

Paul Connaughton

Ceist:

820 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason single farm payment has not issued in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [48236/10]

Under the provisions of the governing EU Regulations, the closing date for receipt of applications for the 2010 Single Payment Scheme and Disadvantaged Areas Scheme was 17 May 2010. An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was submitted on-line using the iNET facility by the person named on 5 October 2010. As this application was received after the closing date the person named is not eligible for payment under the Single Payment Scheme and Disadvantaged Areas Scheme in respect of 2010. An official from my Department has been in contact with the person named and has explained to him the rules relating to the submission of applications under the Single Payment Scheme.

Paul Connaughton

Ceist:

821 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason single farm payment has not issued in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [48237/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 29 April 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 application has been fully processed. Payments under the Disadvantaged Areas Scheme issued on 3 December 2010 and payment under the Single Payment Scheme issued on 1 December 2010.

Departmental Agencies

Chris Andrews

Ceist:

822 Deputy Chris Andrews asked the Minister for Agriculture, Fisheries and Food if he will clarify the specific performance related targets that the board of Horse Racing Ireland set the Chief Executive Officer to achieve a performance related bonus (details supplied); if he is satisfied that HRI and the Turf Club are being run on a prudent financial basis; the examination that has taken place into the way Exchequer funds are being spent and the return on investment in both organisations; if a person (details further supplied) who has undertaken consultancy work on behalf of HRI will be examining the productivity of HRI; if he is satisfied that this examination will be independent. [1006/11]

In accordance with the standard arrangements for State Bodies, the criteria on which the performance of the Chief Executive is measured and any specific performance-related targets are properly determined by the board of that State Body and not by the Minister under whose Department's aegis that State Bodies operates. In the case of HRI, therefore, the determination of the performance-related targets on the basis of which any performance-related bonus was paid was determined by the Board. Horse Racing Ireland is subject to annual audit by the Comptroller and Auditor General and at no time since its establishment has its efficiency or effectiveness been called into question. In addition, it has outsourced its Internal Audit function, which operates in accordance with the framework of codes of best practice as set out in the Code of Practice on the Governance of State Bodies and which report directly to the company’s Audit Committee.

In response to recent allegations HRI strongly rejected the claims made and the board of HRI, having met to consider those claims found them to be “wholly inaccurate and based on a flawed understanding of the racing industry and, in particular, the restructuring which took place following the enactment of the Horse and Greyhound Act in 2001.” Indeed, the authors of the report (KPMG) on which the Irish Bookmakers Association’s claims were based acknowledged that their analysis “did not, nor was it required to take account of the restructuring of the horse racing industry in 2001 resulting in the transfer of certain administrative functions of the Turf Club to the newly formed HRI.”

Contrary to claims that Horse Racing Ireland's costs are out of control, HRI make the point that their costs increased by 35 per cent between its first full year of operation in 2002 and 2009. Over that same period, there was a 28 per cent increase in the number of race meetings. They also make the point that, since 2008, their administrative costs have reduced by 28 per cent and the number of permanent employees in the HRI Group (including the Tote, the four racecourses it owns and Irish Thoroughbred Marketing) has been cut from 176 to 143 in the same period — a reduction of 19 per cent. In a recent letter received from HRI, the Chairman assured me that the “Board takes its responsibilities in relation to governance and cost control very seriously”. An independent review “Review of the Horse and Greyhound Racing Fund”, FGS Consulting, May 2009, of the Horse and Greyhound Fund was completed in 2009. It concluded that, while not all aspects of the total contribution of the sector can be definitively quantified, there is adequate direct and indirect evidence to support a strong argument that the horse racing industry is a major source of direct and indirect employment, giving rise to considerable domestic and exports earnings and is a key driver of substantial economic activity, especially in rural areas. The funding provided to Horse Racing Ireland supports a very important industry generating very substantial economic activity and making a vital contribution to the rural economy, including farm incomes. Furthermore, bloodstock breeding is a sustainable and environmentally sound activity.

The Dukes Report "Analysis of the economic impact of the Irish Thoroughbred Industry" A. Dukes (2009) concluded "The conclusion of this analysis is abundantly clear: a relatively modest amount of State funding has been very successfully leveraged by the industry to produce a strong dynamic impulsion. This compares very favourably with the returns from much higher levels of support to other areas of economic activity. Government funding must remain to ensure survival of this very successful industry and to continue its growth into the future as one of Ireland’s most dynamic agricultural sectors”.

With regard to the question raised by the Deputy as to the independence or otherwise of a named consultant, I have been informed that this individual was employed by a group comprised of 13 organisations including HRI, to undertake a study of Irish racing "Financing of Irish Racing", C McCarthy, October 2010. I understand that the study did not include an examination of the productivity of HRI.

Grant Payments

Damien English

Ceist:

823 Deputy Damien English asked the Minister for Agriculture, Fisheries and Food when a decision on a REP scheme payment will issue in respect of a person (details supplied) in County Westmeath; the reason for the delay in same; and if he will make a statement on the matter. [48113/10]

The land parcels listed on the application of the person named are currently being digitised by the Single Farm Payment Section. The REPS application of the person named will be processed upon completion of this work.

Joe Carey

Ceist:

824 Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food the position regarding payments for 2009 and 2010 under the disadvantaged areas scheme in respect of a person (details supplied); and if he will make a statement on the matter. [48121/10]

Applications under the 2009 and 2010 Disadvantaged Areas Scheme were received from the person named on 15 May 2009 and 20 May 2010, respectively. The Terms and Conditions governing the Scheme require, inter alia, that applicants maintain a minimum stocking density on their holding of 0.15 livestock units per forage hectare declared, for at least three consecutive months, during the calendar year of application. However, where the holding of an applicant is identified as not meeting this minimum requirement, the person in question is invited to submit evidence of satisfactory stocking i.e. Flock Register, Horse Passports or details of a REPS or Commonage Framework Plan, which provides for a lower stocking level. The person named was notified of this condition and replied stating that he could not meet the required stocking levels due to ongoing health issues. However, as allowance had been made in respect of this condition in respect of the 2008 application year, on an exceptional basis, it cannot be granted again. The EU rules governing the application of the principle of Force Majeure/exceptional circumstances clearly state that any such circumstances should be unforeseen; unfortunately, therefore, ongoing illness can not be deemed as meeting this definition and, accordingly, it is not appropriate to waive the minimum stocking density requirement of the Scheme in this case for the years in question.

Departmental Expenditure

Brian Hayes

Ceist:

825 Deputy Brian Hayes asked the Minister for Agriculture, Fisheries and Food the cost to his Department from 2007 in respect of providing all computer, hardware and software, in his private and constituency office in tabular form; and if he will make a statement on the matter. [48150/10]

The cost to this Department of providing all computer hardware (Personal Computer + Printer) and software from 2007 to the Minister of Agriculture, Fisheries and Food is as follows:

Location

Hardware

Software

Constituency Office, Cavan.

€863 ex. VAT

€332 ex. VAT

Agriculture House, Kildare Street, Dublin 2.

€863 ex. VAT

€332 ex. VAT

Grant Payments

James Bannon

Ceist:

826 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the reason for the delay in payment of single farm payment and disadvantaged area payment in respect of a person (details supplied) in County Longford; when these payments will issue; and if he will make a statement on the matter. [48166/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on 19 April 2010. The 50% advance payment under the Single Payment Scheme, which issued on 18 October, the interim balancing payment which issued on 1 December and the 75% advance payment under the Disadvantaged Area Scheme which issued on 21 September, were on the basis of those parcels cleared for payment at that stage, as one of the land parcels listed on the application of the person named required re-digitisation. As this process has recently been completed, the application will be further processed with a view to issuing the final balancing payments under both Schemes shortly.

James Bannon

Ceist:

827 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the position regarding a single farm payment and disadvantaged area payment in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [48171/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on 29 April 2010. The 50% advance payment under the Single Payment Scheme, which issued on 18 October, the interim balancing payment which issued on 1 December and the 75% advance payment under the Disadvantaged Area Scheme which issued on 21 September, were on the basis of those parcels cleared for payment at that stage, as one of the land parcels listed on the application of the person named required re-digitisation. As this process has recently been completed, the application will be further processed with a view to issuing the final balancing payments under both Schemes shortly.

Departmental Expenditure

Joan Burton

Ceist:

828 Deputy Joan Burton asked the Minister for Agriculture, Fisheries and Food if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48180/10]

The amounts paid by my Department to Indecon Economic Consultants for the past five years are set out in the following table:

Year

Payments

2006

173,272

2007

187,150

2008

2009

2010

110,902

Departmental Websites

Liz McManus

Ceist:

829 Deputy Liz McManus asked the Minister for Agriculture, Fisheries and Food the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48198/10]

The details requested by Deputy McManus in relation to the Department's websites are provided in the table below:

Website Name

Annual cost (ex vat) for each site in 2010

Total unique average monthly visitors 2010

http://www.agriculture.gov.ie

9,501.98

36,243

http://www.agfood.ie

69.99

11,264

http://www.fawac.ie

62.99

542

http://www.fishingnet.ie

69.99

424

http://www.killybegsharbour.ie

69.99

406

http://www.coford.ie (3 sites)http://www.woodspec.iehttp://www.woodenergy.ie

2,142.00

Figures not available*

http://www.pcs.agriculture.gov.ie

Nil

1,077

http://www.pots.agriculture.gov.ie

Nil

338

http://www.agriappeals.ie

Nil

226

*Figures are not readily available for 2010, however as part of my Department's shared services solution we have taken responsibility for the maintenance and support of these three sites in 2011 and will be able to provide such statistics going forward.

In relation to agencies under the aegis of my Department, the number of websites and their cost of maintenance is an operational matter for the agencies themselves.

Grant Payments

Michael Creed

Ceist:

830 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when single farm payment will issue to a person (details supplied) in County Cork. [48213/10]

An application under 2010 Single Payment Scheme was received from the person named on 17 May 2010. The 50% advance payment, which issued on 18 October 2010, was on the basis of the land cleared at that stage, as a number of parcels declared required digitising.

Balancing payments under the scheme, which commenced 1 December, would, in normal circumstances, be confined to those whose applications are fully processed, specifically, where all digitising is finalised. However, following recent consultation with the EU Commission, agreement was reached whereby, in addition to issuing balancing payments to those farmers whose applications are fully processed and whose maps are fully digitised, payments will also issue to those farmers where some or all of their maps are still to be digitised, with the payment being calculated on the basis of the digitised land confirmed otherwise eligible.

I am pleased to say that, because of this change, many farmers, including the person named, whose balancing payments would otherwise have been delayed until their digitising is complete, received an interim balancing payment on 1 December. These farmers, including the person named, will receive the final instalment of their balancing payment when their maps are re-digitised and their applications are fully clear.

Departmental Schemes

Pat Breen

Ceist:

831 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 312 of 14 December 2010, the reason an application in respect of a person (details supplied) in County Clare was not backdated to the 1 September 2010; and if he will make a statement on the matter. [48225/10]

The EU rules governing the AEOS and Natura Schemes require that comprehensive administrative and validation checks must be carried out on all applications before letters of approval may issue. Natura and Commonage applications, which included a Sustainable Management Plan, required additional checks to be carried out in order to satisfy eligibility and audit requirements. These additional checks have now been completed and all Natura/Commonage farmers and a letter has issued to the person named approving his participation in the scheme with a start date of 1st November, 2010. It is not possible to make a payment to the person named for a period prior to his commencement date in the scheme.

Grant Payments

Paul Connaughton

Ceist:

832 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason the cow welfare scheme for 2009 has not been paid in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [48233/10]

The person named registered 39 animals under the 2009 Suckler Welfare Scheme. Payment has issued in respect of 29 animals and payment in respect of a further 8 animals will issue shortly. The remaining 2 animals have errors associated with them and my Department has written to the applicant in connection with these errors.

Paul Connaughton

Ceist:

833 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason full rate of single farm payment has not issued in respect of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [48235/10]

The person named submitted an application under the 2010 Single Payment Scheme on 11 May 2010 and also submitted an application under the Consolidation measure of the Single Payment Scheme on 17 May 2010.

The 50% advance payment under the Single Payment Scheme, which issued on 18 October 2010 and the further 30% payment under the same Scheme, which issued on 01 December 2010, were based on land parcels which were cleared for payment at that stage only, a number of other land parcels listed on the Single Payment application of the person named required re-digitisation.

My Department has now completed this re-digitisation process and the 2010 Consolidation application submitted by the person named has been fully processed and deemed successful. Remaining payments due will issue shortly to the person named and this will result in full payment under the 2010 Single Payment Scheme.

Jimmy Deenihan

Ceist:

834 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when a REP scheme payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48258/10]

The REPS application belonging to the person named was the subject of an on-the-spot inspection on 18 August 2010. Following this inspection, penalties totalling €2,699.44 were imposed for non-compliance with the Agri-Environmental Plan. The person named was informed of this penalty on 26 October 2010 and submitted an appeal on 28 October 2010. This appeal is currently being examined by my officials and they will be in contact with the person named directly on the outcome.

Jimmy Deenihan

Ceist:

835 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when single farm payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48260/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 13 April 2010. This application was selected for and was the subject of a Ground Eligibility and Full Cross Compliance inspection. During the course of the Cross Compliance inspection breaches were discovered in relation to Statutory Management Requirement number 1 concerning the conservation of wild birds. Specifically, it was found that plant species had been removed and burned from landscape features during the bird nesting season. Such activity is prohibited. This resulted in an overall cross compliance penalty of 1% being applied to the 2010 Single Payment.

A formal decision issued to the person named on the 8 November 2010 that advised him of his right to seek a review of the decision within 21 days to the District Inspector and of his right to appeal the outcome of any such review to the Independent Agriculture Appeals Office. The inspection process is complete and the application has been fully processed. Payment under the Disadvantaged Areas Scheme issued on 23 December 2010. Advance payment under the Single Payment Scheme issued on the 16 December with the balancing payment issuing on 21 December 2010.

Seymour Crawford

Ceist:

836 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when single farm payment and area aid payment will issue in respect of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [48262/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on 17 May 2010. The 50% advance payment under the Single Payment Scheme, which issued on 18 October, the further 30% payment under the same Scheme, which issued on 1 December, as well as the 75% advance payment under the Disadvantaged Area Scheme which issued on 30 September, were on the basis of those parcels cleared for payment at that stage, as a number of other land parcels listed on the application of the person named required re-digitisation. However, following digitisation, an issue was revealed regarding an over-claim in respect of one parcel. My Department has written to the person named regarding this matter. On receipt of a satisfactory reply from the person named, the application will be further processed, with a view to the further payments due issuing shortly thereafter.

Departmental Correspondence

Tom Sheahan

Ceist:

837 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food if he will have an investigation made into the reason the sheep census form for 2009 was mislaid by his Department in respect of a person (details supplied) in County Kerry. [48263/10]

My Department's records show that the person named was not on the list of active sheep flock owners to whom a census form issued in December 2009. This is because his sheep flock designator was made dormant following non-receipt of a census return from him for 2008.

Grant Payments

Dinny McGinley

Ceist:

838 Deputy Dinny McGinley asked the Minister for Agriculture, Fisheries and Food when single farm and disadvantaged area payment will issue to a person (details supplied) in County Donegal. [48286/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 12 April 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 application has been fully processed. Advance payment under the Single Payment Scheme issued on the 23 December and balancing payment will issue within one week. Payment under the Disadvantaged Areas Scheme will issue within one week.

Deirdre Clune

Ceist:

839 Deputy Deirdre Clune asked the Minister for Agriculture, Fisheries and Food the reason for the delay in the single farm payment to farmers in the Cork area in 2010; the timeline for full payment; and if he will make a statement on the matter. [48292/10]

Under the provisions of the governing EU Regulations, payments under the Single Farm Payment may be made only in respect of eligible land and applicants under the Scheme are obliged annually to declare the land parcels available to them; details of the eligible area of the land parcels are recorded on Land Parcel Identification System (LPIS), my Department's computer-based land parcel tracking system. Details of the use and area claimed for each of some one million parcels on the LPIS system are registered and continually monitored by my Department.

In Ireland, the vast majority of Scheme applicants have been making sufficient deductions from their claims to take account of ineligible areas, in that they reduced the area claimed. However, in many cases as no mapping evidence supporting these deductions were provided, the ineligible features were not, therefore, recorded onto LPIS. As LPIS underpins all the area-based payments, worth in excess of €1.8 billion annually, it is crucial that it accurately reflects the true position on the ground, particularly given the audit scrutiny that this Scheme attracts not just in Ireland but also in all Member States. To this end, the initiative I took earlier this year in urging all farmers to map out ineligible areas was crucial and, given the overwhelming response, absolutely vital.

The regulatory payment date under the Scheme is 1 December; however, following my approach, agreement at was reached at EU level which allowed advance payments to begin issuing as and from 18 October, with balancing payments commencing on 1 December. However, in addition to issuing balancing payments to those farmers whose applications were fully processed and maps fully digitised, payments also issued to those farmers where some or all of their maps still remained to be digitised, with the payment being calculated on the basis of the confirmed eligible land. Because of this decision, which I made following consultation with the EU Commission, many farmers, whose balancing payments would otherwise have been delayed until their digitising was complete, received payment.

Under the 2010 Scheme, a total of 12,821 Cork applicants submitted eligible applications and, to date, 12,583 of these have received payments, worth in excess of €149.79 million. Payments are continuing to issue twice weekly as individual cases are cleared. While I am determined that this momentum in clearing cases will be maintained and that the maximum numbers of farmers will receive their full payments as the earliest possible date, at the same time, however, I must continue to emphasise the absolute urgency in getting the mapping system fully accurate and up-to-date to protect Irish direct payments.

Michael Creed

Ceist:

840 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when single farm payment will issue to a person (details supplied) in County Cork; and if he will make a statement on the matter. [48296/10]

An application under the 2010 Single Payment Scheme was received from the person named on 12 May 2010. The 50% advance payment which issued on 18 October and the interim balancing payment which issued on 1 December were on the basis of those parcels cleared for payment at that stage, as a number of the land parcels listed on the application of the person named required re-digitisation. This process was completed in mid-December, which allowed the application to be further processed, with the final balancing payment issuing to the person named on 16 December.

Paul Kehoe

Ceist:

841 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food when single farm payment will issue in respect of a person (details supplied); and if he will make a statement on the matter. [48298/10]

An application under the 2010 Single Payment Scheme was received from the person named on 26 April 2010. Payments under the 2010 Single Payment Scheme have commenced nationally on 18 October 2010. The person named submitted an application with 21 land parcels, 7 of which required re-digitisation. My Department has now completed this re-digitisation process. Payments to the person named were made under the Single Payment Scheme on 18 October 2010, 1 December 2010 and the final balancing payment was made on 23 December 2010.

Enda Kenny

Ceist:

842 Deputy Enda Kenny asked the Minister for Agriculture, Fisheries and Food the payments made to a person (details supplied) in County Mayo in 2010 under the single payment scheme; if other payments are due to them under the same scheme; if their payments have been reduced in the past year; if so, the reason for same; and if he will make a statement on the matter. [48341/10]

An application under the 2010 Single Payment Scheme / Disadvantaged Areas Scheme was received from the person named on 13 May 2010 declaring 28.69 hectares of forage land. A number of land parcels listed on the application required re-digitising. Payments on clear parcels were made to the person named under the Single Payment Scheme on 18 October 2010 and on 1 December 2010. My Department has now completed this re-digitisation process and a final balancing payment was made on 21 December 2010. The applicant has been fully paid in respect of the Single Payment Scheme and he has also received full payment under the 2010 Disadvantaged Areas Scheme. I can confirm that the payments under these Schemes due to the applicant were not subject to any reduction.

Land Commission Documents

Bernard J. Durkan

Ceist:

843 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 1676 of 29 September 2010 and given that the landholder’s solicitor was not allowed to copy documentation, if provision will be made to facilitate this request; and if he will make a statement on the matter. [48433/10]

Bernard J. Durkan

Ceist:

844 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food if he has responded fully to the request for inspection of Land Commission documentation by a person (details supplied) in County Kildare in respect of their client; and if he will make a statement on the matter. [48434/10]

I propose to take Questions Nos. 843 and 844 together.

As I stated in my answer to Question No. 1676 of 29 September 2010, the only documents that the Solicitor for the land holder did not have access to were the fair rent orders/judicial tenancies. These are very old Land Commission documents and are in long term storage as a result of the decentralisation of the Records Branch of my Department to Portlaoise. These documents are not readily accessible without committing a large portion of the scarce staff resources to locate the documents relating to that townland. My officials are satisfied that access to these documents would not add anything of significance to the material already supplied to the solicitor.

Grant Payments

Billy Timmins

Ceist:

845 Deputy Billy Timmins asked the Minister for Agriculture, Fisheries and Food the position regarding an area aid payment in respect of a person (details supplied); if payment will be expedited; and if he will make a statement on the matter. [48519/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on 12 May 2010. The 50% advance payment under the Single Payment Scheme, which issued on 18 October, the interim balancing payment which issued on 1 December and the 75% advance payment under the Disadvantaged Area Scheme which issued on 21 September, were on the basis of those parcels cleared for payment at that stage, as one of the land parcels listed on the application of the person named required re-digitisation. As this process has recently been completed, the application will be further processed with a view to issuing the final balancing payments under both Schemes shortly.

Horse Breeding Industry

Noel Grealish

Ceist:

846 Deputy Noel Grealish asked the Minister for Agriculture, Fisheries and Food the funding or supports available to persons who wish to develop and expand the draught horse industry here and the assistance available to help meet the cost of exporting these horses to the USA and other countries; and if he will make a statement on the matter. [48526/10]

Horse Sport Ireland (HSI) is approved by my Department to maintain the studbooks of origin for the Irish Draught Horse and Irish Sport Horse breeds. HSI is responsible for devising and implementing strategies for the development and promotion of the Irish Sporthorse and Irish Draught horse breeds including all aspects of breeding, sport and leisure activities. My Department allocates funding from the National Development Plan to support the activities of HSI in this regard. Persons who have proposals in relation to the development and expansion of the Irish Draught Industry should contact HSI in the first instance. With regard to assistance to help meet the cost of exporting Irish Draught horses, funding measures are not in place.

Grant Payments

Pat Breen

Ceist:

847 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [48527/10]

Under the Terms and Conditions of the Suckler Welfare Scheme, applicants undertake to implement, for the full term of the Scheme, specific measures on all eligible suckler cows and the calves they are suckling, as outlined in these Terms and Conditions. Applicants are also required to record all details of each measure on the Departments Database through the Animals Event System. The person named has not submitted any information relating to the measures carried out in his suckler herd for 2008, 2009 and 2010, and is, therefore, not eligible for payment under the Suckler Welfare Scheme.

Pat Breen

Ceist:

848 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when single farm payment and disadvantaged payment will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [48546/10]

An application under the 2010 Single Payment Scheme and Disadvantaged Areas Scheme was received from the person named on 17 May 2010. Payments under the 2010 Single Payment Scheme and Disadvantaged Areas Scheme have commenced nationally on 18 October 2010 and 21 September 2010 respectively. The person named submitted an application with 12 land parcels, 5 of which required re-digitisation. My Department has now completed this re-digitisation process. Payments to the person named were made under the Single Payment Scheme on 18 October 2010, 1 December 2010 and a final balancing payment was issued on 14 December 2010. An advance payment under the Disadvantaged Areas Scheme was made on 21 September 2010 and the final payment was made on 22 December 2010.

Forestry Sector

Martin Ferris

Ceist:

849 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 222 of 15 December 2010, the way he reconciles his claim that Coillte is a private company with the EU judgment that Coillte Teoranta is and always has been a public undertaking wholly owned by the State; and if he will make a statement on the matter. [48547/10]

The basis for my statement that Coillte is a private company is that, pursuant to Section 9 (1) of the Forestry Act 1988, Coillte Teoranta was incorporated on 8 December 1988 as a private company under the Companies Act 1963, that is to say, a company limited by shares. The judgement by the European Court of Justice, to which you refer, related to the company's eligibility for payment of afforestation premium in which the Court held that Coillte was a public undertaking for the purposes of the particular EU legislation concerned.

Departmental Agencies

Martin Ferris

Ceist:

850 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if the report of the special group on public service numbers on expenditure, in recommending that the Department of Agriculture, Fisheries and Food review the operations of Coillte with a view to realising optimal return through rationalisation, asset disposal and, possibly, privatisation, was contravening Coillte’s status as a private company, and if he or his colleague the Minister for Finance has the power to act as recommended by the report. [48548/10]

Pursuant to Section 9(1) of the Forestry Act 1988, Coillte Teoranta was incorporated on 8 December 1988 as a private company under the Companies Act 1963, that is to say, a company limited by shares. The shares are held by the Minister for Finance and myself as Minister for Agriculture, Fisheries and Food.

As a Shareholder, and in view of the fact that Coillte is the State forestry company, I have no difficulty with a recommendation to review the operations of Coillte. As the Deputy is aware, a Review Group on State Assets and Liabilities was established by the Minister for Finance last year to examine and provide advice on the proper stewardship of state assets and on opportunities for the better use of those assets. The outcome of that review is awaited.

Grant Payments

James Bannon

Ceist:

851 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the position regarding a disadvantaged area aid payment in respect of a person (details supplied) in County Longford; when payment will issue; and if he will make a statement on the matter. [48562/10]

An application under the 2010 Disadvantaged Areas Scheme was received from the person named on 13 May 2010. The application was fully processed; the 75% advance payment issued on 21 September 2010 and the 25% balancing payment issued on 10 November 2010.

John Perry

Ceist:

852 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food when single farm payment and area aid will issue in respect of a person (details supplied) in County Leitrim; and if he will make a statement on the matter. [48572/10]

The person named submitted an application for the 2010 Single Payment Scheme and Disadvantaged Areas Scheme on 11 May 2010. Payments under the 2010 Single Payment Scheme and Disadvantaged Areas Scheme have commenced nationally on 18 October 2010 and 21 September 2010 respectively. The application of the person named contained 2 land parcels. An advance payment of 50% issued, with regard the Single Payment Scheme, on 18 October 2010. Full payment has been made under the Disadvantaged Areas Scheme. Subsequent to these payments the second parcel, a commonage parcel declared by the applicant was subjected to a review by my Department. The parcel in question has been physically inspected at this stage. On completion of the final processing of the application, my Department will issue any final balancing payment due under the Single Payment Scheme.

EU Regulations

Andrew Doyle

Ceist:

853 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the action being taken to ensure that all marts are recognised assembly areas to comply with the requirements of the EU regulation on the movement of animals and 30-day testing due to come into force early in 2011; the position regarding the implementation of this regulation; and if he will make a statement on the matter. [1054/11]

There is no obligation on a mart premises currently to seek approval as an assembly centre, unless the mart wishes to participate in intra-community trade. There are no new EU requirements in relation to animal movement or testing. My Department is engaged in ongoing discussions with the European Commission regarding the interpretation and application of the current rules.

Grant Payments

Sean Fleming

Ceist:

854 Deputy Seán Fleming asked the Minister for Agriculture, Fisheries and Food the position in respect of an appeal under the single farm payment scheme by a person (details supplied) in County Laois and the further options open to them in terms of appeal at this stage; and if he will make a statement on the matter. [1078/11]

The person named lodged an appeal with the Agriculture Appeals Office on 2 February 2010 in relation to my Department's decision to disallow payment in respect of one land parcel which had been found to be dual-claimed with another Scheme applicant. Following an oral hearing, the Agriculture Appeals Office ruled in favour of the person named on 14 December 2010. My Department is in the process of implementing this decision.

Departmental Expenditure

Denis Naughten

Ceist:

855 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the 2011 allocation for each animal rescue centre; the corresponding figures for 2010; and if he will make a statement on the matter. [1126/11]

The following is the list of animal welfare organisations awarded ex-gratia funding in December 2010 and 2009. The funding is provided to these, largely voluntary organisations, to assist with their work in the provision of animal welfare services.

2010 awards to Animal Welfare Organisations

Allocations

Ability Dogs Ltd, Rockchapel, Cork

5,000

A Dog’s Life, Maynooth, Co. Kildare

2,000

Animal Heaven Animal Rescue (AHAR), Co Kerry

6,000

Animal Help Net Kerry

3,000

Animal Trust Fund, Co Sligo

1,000

Animal Rescue Skibbereen, Co Cork

15,000

Animals In Need, Co Donegal

12,000

Audrey Quinn, Edenderry, Co Offaly

1,000

Avalon Greyhound Sanctuary Pro Animal Ireland Ltd. Woodford, Co Galway

8,000

Bilberry Goat Heritage Trust, Waterford

3,000

ISPCA (Carlow Branch)

2,000

Carrick Dog Shelter. Co Monaghan

10,000

Cat and Dog Protection Association. Dublin

14,000

Cats Aid, Mulhuddart, Dublin

8,000

Cavan SPCA

20,000

Chippers Sanctuary, Gorey, Co Wexford

2,000

Clare Animal Welfare Ltd. Ennis, Co Clare

3,000

Clare SPCA, Clonoghan.

6,000

Clifden Animal Rescue, Co Galway

1,000

Clondalkin Animal Aid Ltd, Dublin

4,000

Collon Animal Sanctuary, Louth

9,000

Cork Animal Care Society

4,000

Cork Cat Action Trust

9,000

Cork Dog Action Welfare Group (DAWG)

6,000

Cork SPCA, Cork

11,000

Cottage Rescue, Co Tipperary

10,000

Cry for Help Cattery, Co Westmeath

2,000

Deise Animal Sanctuary, Co Waterford

1,000

Dog Rescue Ireland, Dublin

5,000

Dogs Aid Animal Sanctuary, Dublin

5,000

Dogs in Distress, Dunboyne, Co Meath

6,000

Donegal Donkey Sanctuary

1,000

Drogheda Animal Rescue, Co Louth

15,000

Dublin Animal Rescue Group

2,000

Dublin SPCA,

125,000

Dundalk Dog Rescue, Castlebellingham, Co Louth

5,000

Dungarvan SPCA Rescue Kennels, Co Waterford

10,000

East Galway Animal Rescue

4,000

Enniscorthy SPCA, Co Wexford

9,000

Fairy Glen Community Animal Sanctuary Roscommon

8,000

For Dog’s Sake, Co Meath

1,000

Friends for Wildlife, Co Galway

1,000

Friends of Animals, Mullingar, Co Westmeath

8,000

Galway & Claddagh Swan Rescue

1,000

Galway SPCA

25,000

Holly’s Horse Haven, Co.Louth

1,000

Inistioge Puppy Rescue, Co Kilkenny

7,000

Irish All Pure Bred Rescue, Cloughjordan, Co Tipperary

3,000

Irish Horse Protection League, Wicklow

4,000

Irish Horse Welfare Trust, Wicklow

25,000

Irish Seal Sanctuary, Co Dublin (also Co Wexford)

10,000

Irish Whale & Dolphin Group, Co Clare

1,000

ISPCA, Victor Dowling Equine Rescue Centre Cork

9,000

ISPCA, Longford

125,000

Joan’s A.R.C., Glengevlin, Co Cavan

6,000

Kerry Greyhound Connection, Beaufort, Co Kerry

6,000

Kerry SPCA

5,000

Kildare and West Wicklow SPCA

12,000

Kilkenny SPCA

9,000

KLAWS, Kenmare, Co Kerry

3,000

Laois SPCA

10,000

Last Hope Animal Charity, Navan, Co Meath

4,000

Leitrim Animal Welfare

25,000

Limerick Animal Welfare Ltd

22,000

Limerick SPCA

15,000

Littlehill Animal Rescue & Sanctuary, Co.Kildare

1,000

Longford SPCA

15,000

Louth SPCA Ltd

15,000

MADRA, Co Galway

3,000

Mandy Ellis, Clare

1,000

Mayo Animal Welfare, Westport, Co. Mayo.

3,000

Mayo Cat Rescue

4,000

Mayo SPCA Ltd

8,000

Meath SPCA

4,000

McGivern’s Sanctuary, Co.Mayo

1,000

Monaghan SPCA

20,000

Monkey Sanctuary Ireland Ltd. Co. Wicklow.

2,000

National Exotic Animal Sanctuary, Co Meath

1,000

New Ross SPCA, Co Wexford

12,000

North County Dublin SPCA

15,000

North West Pet Protection Ltd. Donegal.

15,000

North West SPCA Ltd Mayo

15,000

North Wexford SPCA, Gorey, Co Wexford

10,000

Offaly SPCA Ltd.

15,000

Pauline’s Rescue, Cork

3,000

PAWS Animal Rescue, Co Tipperary

18,000

Petwatch Ltd, Dublin

5,000

Remi Le Mahieu T/A Animal Sanctuary Hubasha. Wicklow.

12,000

Roscommon SPCA

10,000

Roscrea SPCA, Co Tipperary

10,000

Rose Cottage Rehoming Centre, Co. Donegal

1,000

Rover Rescue, Co Clare

1,000

Sathya Sai Sanctuary Trust for Nature, Sligo

8,000

Second Chance Animal Rescue Ltd. (SCAR) Co Clare

12,000

Sligo Animal Rescue, Sligo

2,000

Sligo Dog Welfare Services

2,000

South East Birds of Prey Ltd. Co Wexford

2,000

St Francis Dispensary for Sick and Injured Animals, Dublin

8,000

Sylvia Muhlbachler, Co. Offaly

2,000

The Athlone & West Midlands SPCA, Co Westmeath

4,000

The Daisy Fund, Kerry

1,000

The Donkey Sanctuary, Cork

50,000

The Equus Foundation, Co Kildare

3,000

The Greyhound Hut, Co Galway

1,000

The Inner City Cat Rescue Group, Dublin

2,000

The Irish Blue Cross, Dublin

45,000

The Sunset Appeal, Co Wexford

2,000

Tipp Friends Of Animals SPCA, Co Tipperary

12,000

Tipp-Off Animal Rescue, Birr, Co Offaly

3,000

Tipperary SPCA

10,000

Traveller Animal Welfare, Co Wicklow

3,000

Tryfanberg Animal Rescue Co. Mayo.

3,000

Waterford Animal Welfare

5,000

Waterford SPCA

15,000

West Cork Animal Welfare Group, Clonakilty, Co Cork

14,000

Westmeath SPCA

9,000

Westown Animal Shelter, Naas, Co Kildare

4,000

Wexford Pet Helpers, Enniscorthy

3,000

Wexford SPCA

26,000

Whiskers New Park Animal Sanctuary, Co Galway

5,000

Wicklow SPCA

23,000

2009 awards to Animal Welfare Organisations

Allocations

Ability Dogs Ltd, Rockchapel, Co. Cork

3,000

A Dog’s Life, Maynooth, Co. Kildare

1,000

Animal Help Net, Co Kerry

3,000

Animal Magic, Kilmallock, Co Limerick

1,000

Animal Rescue Skibbereen, Co Cork

6,000

Animals In Need, Co Donegal

6,000

Audrey Quinn, Edenderry, Co Offaly

2,000

Avalon Greyhound Sanctuary Pro Animal Ireland Ltd. Woodford, Co Galway

8,000

Bilberry Goat Heritage Trust, Waterford

3,000

Carrick Dog Shelter. Co Monaghan

5,000

Cat and Dog Protection Association. Dublin

17,000

Cats Aid, Mulhuddart, Dublin

8,000

Cavan SPCA

15,000

Chippers Sanctuary, Gorey, Co Wexford

2,000

Clare Animal Welfare Ltd. Ennis, Co. Clare

5,000

Clare SPCA, Clonoghan.

6,000

Clifden Animal Rescue, Co Galway

3,000

Clondalkin Animal Aid Ltd, Dublin

8,000

Collon Animal Sanctuary, Co. Louth

9,000

Cork Animal Care Society

16,000

Cork Cat Action Trust

10,000

Cork Dog Action Welfare Group (DAWG)

3,000

Cork SPCA, Cork

8,000

Cottage Rescue, Co Tipperary

5,000

Cry for Help Cattery, Co Westmeath

3,000

Dog Rescue Ireland, Dublin

7,000

Dogs Aid Animal Sanctuary, Dublin

5,000

Dogs in Distress, Dunboyne, Co Meath

6,000

Drogheda Animal Rescue, Co Louth

18,000

Dublin Animal Rescue Group

2,000

Dublin SPCA,

100,000

Dundalk Dog Rescue, Castlebellingham, Co Louth

3,000

Dungarvan SPCA Rescue Kennels, Co Waterford

12,000

East Galway Animal Rescue, Co Galway

4,000

Enniscorthy SPCA, Co Wexford

10,000

Fairy Glen Community Animal Sanctuary, Roscommon

9,000

Friends of Animals Rescue, Mullingar, Co Westmeath

8,000

Friends of Ben Dog Rescue, Leixlip, Co Kildare

2,000

Galway & Claddagh Swan Rescue

2,000

Galway SPCA

25,000

Gerry Maginn, Co Kildare

1,000

Glansillagh Animal Rescue, Co Cork

1,000

Inistioge Puppy Rescue, Co Kilkenny

7,000

Irish All Pure Bred Rescue, Cloughjordan, Co Tipperary

4,000

Irish Horse Protection League, Wicklow

5,000

Irish Horse Welfare Trust, Wicklow

20,000

Irish Raptor Research Centre, (Eagles Flying) Sligo

6,000

Irish Seal Sanctuary, Co Dublin

10,000

ISPCA, Victor Dowling Equine Rescue Centre Cork

8,000

ISPCA, Longford

100,000

Joan’s A.R.C., Glengevlin, Co Cavan

5,000

Kerry Greyhound Connection, Beaufort, Co Kerry

6,000

Kerry SPCA

15,000

Kildare and West Wicklow SPCA

15,000

Kilkenny SPCA

9,000

KLAWS, Kenmare, Co Kerry

3,000

Laois SPCA

10,000

Last Hope Animal Charity, Navan, Co Meath

5,000

Leitrim Animal Welfare

25,000

Limerick Animal Welfare Ltd

20,000

Limerick SPCA

15,000

Longford SPCA

15,000

Louth SPCA

18,000

MADRA, Co Galway

3,000

Mandy Ellis, Co. Clare

1,000

Mayo Animal Welfare, Westport, Co. Mayo.

3,000

Mayo Cat Rescue

4,000

Mayo SPCA

8,000

Meath SPCA

10,000

Monaghan SPCA

20,000

Monkey Sanctuary Ireland Ltd. Co. Wicklow.

2,000

New Ross SPCA, Co Wexford

10,000

North County Dublin SPCA

18,000

North West Pet Protection Ltd. Co. Donegal.

15,000

North West SPCA, Mayo

15,000

North Wexford SPCA, Gorey, Co Wexford

10,000

Offaly SPCA Ltd.

18,000

Pauline’s Rescue, Cork

1,000

PAWS Animal Rescue, Co Tipperary

18,000

Petwatch Ltd, Dublin

7,000

Remi Le Mahieu T/A Animal Sanctuary Hubasha. Wicklow.

12,000

Renvyle Animal Rescue Group, Co Galway

2,000

Roscommon SPCA

10,000

Roscrea SPCA, Co Tipperary

10,000

Sathya Sai Sanctuary Trust for Nature, Sligo

6,000

Second Chance Animal Rescue Ltd. (SCAR) Co Clare

12,000

Sligo Animal Rescue, Sligo

1,000

Sligo Dog Welfare Services

8,000

South East Birds of Prey Ltd. Co Wexford

2,000

St Francis Dispensary for Sick and Injured Animals, Dublin

8,000

Sylvia Muhlbachler, Edenderry, Co. Offaly

1,000

The Athlone & West Midlands SPCA, Co Westmeath

8,000

The Daisy Fund, Kerry

3,000

The Donkey Sanctuary, Cork

50,000

The Equus Foundation, Co Kildare

3,000

The Inner City Cat Rescue Group, Dublin

2,000

The Irish Blue Cross, Dublin

45,000

The Sunset Appeal, Co Wexford

3,000

Tipp Friends Of Animals SPCA, Co Tipperary

14,000

Tipp-Off Animal Rescue, Birr, Co Offaly

2,000

Tipperary SPCA

10,000

Traveller Animal Welfare, Co Wicklow

3,000

Tryfanberg Animal Rescue Co. Mayo.

3,000

Waterford Animal Welfare

2,000

Waterford SPCA

18,000

West Cork Animal Welfare Group, Clonakilty, Co Cork

17,000

Westmeath SPCA

9,000

Westown Animal Shelter, Naas, Co Kildare

7,000

Wexford Pet Helpers, Enniscorthy, Co. Wexford

4,000

Wexford SPCA

22,000

Whiskers New Park Animal Sanctuary, Co Galway

10,000

Wicklow SPCA

23,000

Grant Payments

Enda Kenny

Ceist:

856 Deputy Enda Kenny asked the Minister for Agriculture, Fisheries and Food the payments that have been made to a person (details supplied) in County Mayo in 2010 under the single payment scheme and area aid; if any other payments are due to the person under the same schemes; if the payments have been reduced in the past year; if so, the reason they were reduced; and if he will make a statement on the matter. [1141/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 29 April 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 application has been fully processed. All outstanding payments due under the Disadvantaged Areas Scheme and the Single Payment Scheme will issue within one week.

Paul Kehoe

Ceist:

857 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food when the outstanding portion of the single farm payment and REP scheme payment will issue to a person (details supplied); and if he will make a statement on the matter. [1145/11]

An application under the 2010 Single Payment Scheme was received from the person named on 13 May 2010. Payments under the 2010 Single Payment Scheme have commenced nationally on 18 October 2010. The person named submitted an application with 26 land parcels, 4 of which required re-digitisation. My Department has now completed this re-digitisation process and the final balancing payment under the Single Payment Scheme was issued on 10 January 2011. The REPS application has passed the crosschecks between REPS and the Single Farm Payment Scheme and will be processed as soon as possible.

Michael Creed

Ceist:

858 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food arising out of the successful appeal by a person (details supplied) in County Cork, when a refund of penalties already collected will be repaid; and if he will make a statement on the matter. [1148/11]

As there is no record of an appeal having been received on this matter, I have arranged for an official of my Department to make direct contact with the person named with a view to resolving this issue.

Michael Ring

Ceist:

859 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive the REP scheme 4 payment [1160/11]

REPS 4 is a measure under the current 2007-13 Rural Development Programme and accordingly is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. Queries have arisen during the administrative checks on the plan of the person named which have required further examination. Officials in my Department are currently examining this file and will shortly be in contact with the person named.

Departmental Expenditure

Lucinda Creighton

Ceist:

860 Deputy Lucinda Creighton asked the Minister for Agriculture, Fisheries and Food the amount spent by his Department on opinion polling and focus group research in each of the years 2007 to 2010, inclusive; and if he will make a statement on the matter. [1167/11]

During 2008 and 2009 my Department carried out a number of Focus Groups around the country. The main objectives of the Focus Groups were:

To promote awareness of the benefits of the Departments on-line service and Agfood.ie;

Gain insight into farmers' attitudes towards farming in Ireland; and

To assess farmer attitudes towards my Department.

The cost of the Focus Groups in the two years in which they operated 2008 and 2009 were €28,009 and €14,363 respectively.

Lucinda Creighton

Ceist:

861 Deputy Lucinda Creighton asked the Minister for Agriculture, Fisheries and Food the number of mobile telephones paid for by public bodies under his remit in each of the years 2006 to 2010, inclusive; the cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1183/11]

The numbers and costs associated with the use of mobile telephones is an operational matter for the State Bodies/Agencies under the aegis of my Department.

Lucinda Creighton

Ceist:

862 Deputy Lucinda Creighton asked the Minister for Agriculture, Fisheries and Food the number of mobile telephones paid for by his Department in each of the years 2006 to 2010, inclusive; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1198/11]

Details of the number of mobile telephones paid for and the amount spent during the requested periods are shown in the following table:

Year

Number of Mobile accounts

Total Spend

2006

1,525

827,819.59

2007

1,835

924,019.60

2008

1,931

1,008,088.10

2009

1,917

701,944.06

2010

1,626

512,401.38

My Department makes extensive use of mobile telephony and related technologies in the delivery of services to its customers and in supporting a mobile workforce.

Following an EU procurement exercise conducted by the Department of Finance, a mobile phone Framework Agreement was established to provide non-commercial public sector bodies with a streamlined procedure for the procurement of mobile voice and data services at competitive rates from a list of qualified vendors. The Framework Agreement is intended to maximise volume discounts and provide for reductions in administrative and transaction costs for providers and public sector purchasers. My Department has run a number of competitions under the Framework for its mobile voice and data services. In each case the successful vendor was the most economically advantageous tender.

Grant Payments

Seymour Crawford

Ceist:

863 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan can expect to receive their REP scheme payment; if sufficient personnel are available in local offices to deal with the overdue REP scheme payments; and if he will make a statement on the matter. [1287/11]

REPS 4 is a measure under the current 2007-13 Rural Development Programme and accordingly is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. There are sufficient staff available in all local offices to deal with the outstanding REPS applications and in this regard payments are issuing to applicants whose files have passed all of the necessary checks. Payment will issue to the person named within ten days.

Michael Ring

Ceist:

864 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the outcome of an appeal in respect of a person (details supplied) in County Mayo. [1296/11]

Under the provisions of the governing EU Regulations, payments under the Single Farm Payment may be made only in respect of eligible land and applicants under the Scheme are obliged annually to declare to my Department the land parcels available to them. Details of the eligible area of the land parcels are recorded on my Department's Land Parcel Identification System (LPIS). It is also necessary for applicants to exclude ineligible features such as scrub, roadways, etc. Therefore, the LPIS database has to be amended on an ongoing basis to reflect any permanent changes such as parcel boundary changes, addition of new parcels, etc.

Accordingly my Department undertakes regular reviews of the ortho-photography available to confirm the area of parcels recorded in LPIS and claimed by applicants under the Single Payment Scheme. The areas declared on the 2009 Single Payment Scheme application submitted by the person named were included as part of that review.

I have had the matter investigated and I can confirm that the herd owner was found to have over-claimed on three parcels of land under this review. In order to expedite a full review of this case I have arranged for an explanatory letter and a copy of the relevant maps highlighting the areas, which appear ineligible, to be issued to the applicant.

Jimmy Deenihan

Ceist:

865 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when REP scheme four payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [1331/11]

REPS 4 is a measure under the current 2007-13 Rural Development Programme and accordingly is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. Queries have arisen during the administrative checks on the plan of the person named which have required further examination. Officials in my Department are currently examining this file and will shortly be in contact with the person named.

Seymour Crawford

Ceist:

866 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan will be paid the balance of the person's area aid and single farm payment; and if he will make a statement on the matter. [1333/11]

An application under the 2010 Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on 13 May 2010. The 50% advance payment under the Single Payment Scheme, which issued on 21 October and the 75% advance payment under the Disadvantaged Area Scheme which issued on 21 September, were on the basis of those parcels cleared for payment at that stage, as a number of other land parcels listed on the application of the person named required redigitisation.

However, following digitisation, an issue was revealed regarding an over-claim in respect of one parcel. My Department has written to the person named regarding this matter. On receipt of a satisfactory reply from the person named, the application will be further processed, with a view to the further payments due issuing shortly thereafter.

Seymour Crawford

Ceist:

867 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan will be paid the remainder of the person's area aid and single farm payment; and if he will make a statement on the matter. [1334/11]

An application under the 2010 Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on 12 May 2010. The 50% advance payment under the Single Payment Scheme, which issued on 18 October, the further 30% payment under the same Scheme, which issued on 1 December, as well as the 75% advance payment under the Disadvantaged Area Scheme which issued on 30 September, were on the basis of those parcels cleared for payment at that stage, as a number of other land parcels listed on the application of the person named required re-digitisation. When this process is complete, provided no errors are identified, the application will be processed, with a view to the further payments due issuing shortly.

Departmental Schemes

Michael Ring

Ceist:

868 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when compensation will be paid to a person (details supplied) in County Mayo. [1353/11]

The holding of the person concerned has been restricted under the TB Eradication Scheme since 1 September 2010, following which one animal was removed and valued under the On Farm Market Valuation Scheme.

As outlined in the Important Information for Farmers booklet, which is issued to all herdowners at the time of restriction, the amount to be paid by the Department under the On Farm Market Valuation Scheme is the difference between the on-farm market value of the animal concerned and the price paid to the farmer by the slaughter plant. In line with this a payment of €491.74 issued to the herdowner concerned on the 29 September 2010.

The TB and Brucellosis On Farm Market Valuation Scheme (OFMV) is the principal compensation measure available to farmers whose herds are affected by TB/Brucellosis. The compensation regime also provides for payments under the following additional measures where certain eligibility conditions are met: the Hardship Grant scheme, Income Supplement scheme and the Depopulation Grant scheme.

The Hardship Grant Scheme 2010/2011 is aimed at assisting eligible owner/keepers(s) whose herds continue to be restricted during the period 1 November to 20 April subject to compliance with the terms and conditions of the scheme. An application under the Hardship Grant Scheme was received by my Department on 24 November 2010. Payment under this scheme is made monthly in arrears. The District Veterinary Office has now certified a payment of €250.00, which the herdowner should receive over the coming days. Continued eligibility for payment under this scheme, for the remainder of the Hardship Grant eligibility period, will be assessed on a monthly basis.

Eligibility for compensation under all aspects of the TB Schemes will be assessed on an ongoing basis and payments made accordingly.

Grant Payments

John O'Mahony

Ceist:

869 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 118 of 9 December 2010 when payments will issue to a person (details supplied) in County Mayo; and if he will make a statement on the matter. [1358/11]

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 a Ground Eligibility and Full Cross Compliance inspection.

During the course of the Ground Eligibility inspection discrepancies were found with the following parcels P18217017, P18722028 and P18817040 due to inadequate deductions being made for scrub, a dwelling/curtilage and yard. The claimed area for the Single Payment Scheme of 14.62ha was reduced to 14.57ha. When tolerance was taken into account this area was increased to 14.69ha.

During the course of the Cross Compliance inspection breaches were discovered in relation to Statutory Management Requirement 4 relating to nitrates and the requirements concerning Good Agriculture and Environmental Conditions. Specifically it was found that there was failure to adequately control soiled water from buildings and the encroachment of scrub and briars on to parcels P18217017 and P18817040. This resulted in an overall cross compliance penalty of 2% being applied to the 2010 Direct Payments.

A formal decision issued to the person named on 8 November 2010 that advised him of his right to seek a review of the decision with 21 days to the District Inspector and of his right to appeal the outcome of any such review to the Independent Agriculture Appeals Office.

The inspection process is complete and the application has been fully processed. All outstanding payments due under the Disadvantaged Areas Scheme and the Single Payment Scheme will issue within one week.

Michael Creed

Ceist:

870 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Cork has had a substantial financial penalty arising from the person's single farm payment entitlements and payments for 2010; and if he will make a statement on the matter. [1465/11]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 14 May 2010. The advance payment under the Disadvantaged Areas Scheme and the Single Payment Scheme, which issued on 21 September and 15 November respectively, were on the basis of those parcels cleared for payment at that stage. Following the completion of the re-digitisation of a number of parcels listed on the application of the person named, over-claims were identified in respect of two land parcels. My Department wrote to the person named regarding this matter, and the reply has been received to state that the applicant was accepting the amended reference areas. While the balancing payments which issued incorporated the penalties as provided for under the Terms and Conditions of the Scheme, the person named has since appealed the over-claim. The matter will now be fully reviewed and the person named advised of the outcome, in writing. An official of my Department will be in direct contact with the person named in connection with the review.

Jimmy Deenihan

Ceist:

871 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when the remaining payment of single farm payment scheme will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [1482/11]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 17 May 2010. An Advance Payment under the Single Payment Scheme issued to the person named on 18 October 2010 on the clear eligible area. However, a number of the land parcels listed on the application required redigitisation.

This process is now complete and the balancing payment due under the Single Payment Scheme was issued to the applicant on 7 January 2011.

Badger Monitoring

Billy Timmins

Ceist:

872 Deputy Billy Timmins asked the Minister for Agriculture, Fisheries and Food if research was carried out on the movement of badgers in County Wicklow (details supplied); and if he will make a statement on the matter. [1494/11]

My Department's overall national strategy for the eradication of TB provides for a comprehensive range of measures, including the mandatory annual testing for all cattle in the national herd, the restriction of holdings where reactors are disclosed, risk-based testing of herds contiguous to infected herds, the early removal of reactors and a wildlife programme involving the targeted removal of badgers where they are implicated in a TB outbreak. Where a TB herd breakdown occurs and there is evidence of badger activity, badger capturing and removal takes place in the area associated with the TB breakdowns and only under licence from the Department of the Environment, Heritage and Local Government. Where such badger capturing takes place, post-mortem examination and sampling is undertaken. These samples will be used in the ongoing studies to develop tests for TB and also for other research.

The long-term objective of my Department is to develop a vaccine for badgers and considerable research has already been conducted in collaboration with UCD on the development of such a vaccine. Research to date has demonstrated that oral vaccination of badgers in a captive environment with the BCG vaccine generates high levels of protective immunity against challenge with bovine TB. As part of ongoing research in this context, my Department is currently conducting a project, in collaboration with the National Parks and Wildlife Service (NPWS) of the Department of the Environment, Heritage and Local Government, to study the territorial behaviour and range of the badger species. To date, most of the data available in regard to territorial behaviour is based on data from the U.K. produced from a limited number of study sites and observational studies of this nocturnal species. Recent research in Ireland indicates that there are more and more differences between badgers in the U.K. and badgers in Ireland, in terms of population structure, group size, dietary preferences and breeding patterns. One of the groups of badgers being observed in the context of this research is in County Wicklow whereby the movement of badgers is recorded and observed using modern tracking techniques in the form of GPS tracking collars. Samples are collected from badgers in this badger tracking project, following which the badgers are immediately released. There is no validated test currently available to detect tuberculosis in live badgers. All such data collection and research will form part of the TB vaccine development project and vaccine delivery strategy being conducted by my Department. The study areas were selected on the basis of a good area history of bovine TB as it is necessary to study each group for at least a full year. I want to emphasise that normal badger survey and removal arrangements continue to be implemented in any areas, including the area concerned, where badgers are found to be implicated in a TB outbreak.

Grant Payments

John O'Mahony

Ceist:

873 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Mayo has not received payment for disadvantaged area scheme and the reason the person was not given the reason for non-payment; and if he will make a statement on the matter. [1508/11]

An application under the Disadvantaged Areas Scheme was received from the person named on 13 May 2010. The application was fully processed; the 75% advance payment issued on 21 September 2010 and the balancing 25% issued on 10 November 2010.

Michael Ring

Ceist:

874 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason persons (details supplied) in County Mayo have not received their disadvantaged area scheme and single payment scheme payments. [1580/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 12 April 2010.

This application was selected for and was the subject of a Ground Eligibility Inspection.

The inspection process is complete and the application has been fully processed. Advance payment under the Single Payment Scheme issued on 16 December and the balancing payment will issue within one week. Payment under the Disadvantaged Areas Scheme will issue within one week.

Phil Hogan

Ceist:

875 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food when single farm payments will be awarded in respect of a person (details supplied) in County Kilkenny. [1598/11]

An application under the 2010 Single Payment Scheme was received from the person named on 13 May 2010. During the validation of the application, an overlap was identified in respect of one land parcel. This matter has now been resolved following correspondence between the person named and my Department and full payment issued to the person named on 8 December 2010.

Departmental Schemes

John Deasy

Ceist:

876 Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food his plans to introduce the new dairy equipment scheme approved by the EU Commission; the qualification criteria and funding levels available under this new scheme; if investments already undertaken this year will be eligible for grant aid under this scheme; and if he will make a statement on the matter. [1599/11]

EU Commission approval for the introduction of five targeted modernisation schemes focused on supporting productive investment in the agricultural sector was received in 2010. Due to the relatively short time-frames for completion of the investment works concerned, priority was given to the introduction of the Sow Welfare and Poultry Welfare Schemes which were launched on 16 June 2010. The Sheep Fencing/Handling Scheme opened for applications on 1 November 2010.

No date has yet been fixed for the introduction of the Dairy Equipment Scheme. Under the terms of Ireland's Rural Development Programme, the Scheme will provide grant-aid for (i) milking machine equipment, and (ii) milk storage and cooling equipment, at a standard grant-rate of 40 per cent up to a maximum grant level. It is a strict condition of all on-farm investment schemes that grant-aid may only be paid on work which has commenced after the date of issue of written approval by my Department.

Grant Payments

Willie Penrose

Ceist:

877 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 129 of 9 December 2010, the steps he will take to ensure that this person (details supplied) in County Westmeath has all the person’s land redigitised and if the payments due to him or her will be expedited; and if he will make a statement on the matter. [1603/11]

An application under 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 5 May 2010. Advance payments under the Disadvantaged Areas Scheme issued on 21 September and under the Single Payment Scheme on 18 October 2010, both on the basis of the land cleared at that stage. Parcels listed on the application of the person named required redigitisation; while this process is now complete it was found that the reference area on a parcel had been over-claimed. This error has been raised with the person named and on receipt of a satisfactory reply the application will be further processed, with a view to issuing payments at an early date.

Legal Services

Alan Shatter

Ceist:

878 Deputy Alan Shatter asked the Minister for Agriculture, Fisheries and Food in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1615/11]

Due to the volume of the information requested by the Deputy, it was not possible to provide it in the required time. I will forward it to the Deputy as soon as it is available.

Legal Proceedings

Alan Shatter

Ceist:

879 Deputy Alan Shatter asked the Minister for Agriculture, Fisheries and Food in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Office of the Chief State Solicitor and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1630/11]

The information sought by the Deputy is not readily available in my Department and the resources required to compile the level of detail would not be justified in the required timeframe.

Legal Services

Alan Shatter

Ceist:

880 Deputy Alan Shatter asked the Minister for Agriculture, Fisheries and Food with regard to legal services used by his Department, any body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitors firm that succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1645/11]

Due to the volume of the information requested by the Deputy, it was not possible to provide it in the required time. I will forward it to the Deputy as soon as it is available.

Grant Payments

Seymour Crawford

Ceist:

881 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan will receive the remainder of a farm waste management payment; and if he will make a statement on the matter. [1678/11]

The person concerned is an applicant under the Farm Waste Management Scheme. The first two instalments of grant-aid have been paid by my Department to the applicant and the final instalment will be paid shortly.

I have also announced that a special ex gratia payment not exceeding 3.5 per cent of the value of the deferred amount will be made to farmers whose Farm Waste Management grants were partially deferred. This payment will also be made in the near future.

National Minimum Wage

Leo Varadkar

Ceist:

882 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Innovation if a cut in the minimum wage was a condition of the International Monetary Fund-European loans; and if he will make a statement on the matter. [48320/10]

The Government's decision to reduce the minimum wage to €7.65 per hour was not a condition of the International Monetary Fund/European loans.

The Government agreed to a reduction in the National Minimum Wage as part of the National Recovery Plan published on 24 November, 2010.

The EU-IMF Programme of Financial Support for Ireland, published on 1 December 2010, included a commitment to reduce the National Minimum Wage as outlined in the National Recovery Plan.

Export Credit Insurance Scheme

Richard Bruton

Ceist:

883 Deputy Richard Bruton asked the Minister for Enterprise, Trade and Innovation if he has assessed the need for an export credit insurance scheme as a policy instrument for promoting trade; and if he will make a statement on the matter. [1423/11]

This issue has recently been thoroughly assessed by my Department. Following the difficulties being experienced by some companies seeking Export Credit Insurance in 2009, my predecessor, the Tánaiste Mary Coughlan TD, arranged that an independent forensic examination of the Export Credit Insurance market in Ireland should be carried out to establish the desirability and merits of a State-supported Export Credit Insurance Scheme.

This assessment, by international consultants KPMG, who also advise the UK Government on credit insurance issues, analysed a significant level of confidential and detailed company-specific information from the credit insurers. It was established that only a very small level of Irish exports are insured, that the existing cover is heavily concentrated on a single sector and a single market, that total withdrawals of cover (i.e. where the market decides that the risk is too great to provide any level of cover) was much more prevalent than reductions, that the introduction of a State ‘Top –up ‘ scheme, as has been sought for such reductions, would be expensive and of very limited impact, and that a negligible number of jobs would be supported by such an initiative. Significantly, the level of premia to be paid by companies under any such scheme, would, under EU State-Aid rules, be a multiple of regular premia and therefore very expensive for business. In addition, it was established that there were indications that this market was showing signs of recovery and that the insurance companies should therefore begin to provide better levels of cover. Accordingly the Government, based on the overwhelming weight of evidence in the KPMG report, decided that a State-supported scheme of short-term export credit insurance should not be introduced.

The KPMG report also recommended that my Department should consider the merits of introducing a State supported Medium-term Export Credit Insurance Scheme (where the risk period is over 2 years). This assessment was carried out last year and it was decided that, given the very small proportion of Irish exports coming within this definition, that establishing a scheme for such exports could not be justified.

My Department continues to keep the situation under review.

Work Permits

Bernard J. Durkan

Ceist:

884 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the status of a person (details supplied) in County Kildare who has sourced full-time employment and whose prospective employer requires clarification of same for the person's records; and if he will make a statement on the matter. [1663/11]

In October 2006, the Government announced its intention to continue to restrict access to the Irish labour market for nationals of Romania following their accession to the EU on 1 January 2007. Accordingly, Romanian nationals continue to require a permit to take up employment in Ireland. However, those already in the State on a valid employment permit for an uninterrupted period of 12 months or longer at the relevant date of 31 December 2006 would not need an employment permit. Romanian nationals entering the workforce after 1 January 2007 require an employment permit for a 12 month period after which they have free access to the labour market.

The first phase of the transitional arrangements on free movement for Romanian workers ended on 31 December 2008. The Tánaiste announced, at that time, that the Government had decided to continue to require that nationals of Romania apply for employment permits in order to participate in the Irish labour market, but that preference would be given to them over nationals of non-European Economic Area countries.

The considerable challenges posed as a result of the downturn in the global economic environment, and the direct impact on our labour market, had been factors influencing the decision of the Government who felt that it would be prudent to focus on maintaining stability in the Irish labour market, and avoiding the potential imbalances caused by additional migratory inflows to the country.

Ireland is one of 10 Member States to continue to apply restrictions on Romanian access to its labour market. All Member States that continue to restrict labour market access can end these restrictions at any time during the second phase. In principle, full free movement of workers should apply after the end of the second phase (31 December 2011). Member States can only maintain restrictions thereafter if there is a serious disturbance (or threat thereof) to the labour market. All restrictions for workers from Romania must be lifted by 31 December 2013 at the very latest when full free movement of workers will apply across the 27 EU Member States.

I can advise the Deputy that Ireland's economic migration policies are kept under regular and ongoing review having regard to potential impacts and the stability of the domestic labour market.

Full details of the current employment permit requirements for Romanian nationals can be found on the Department's website at http://www.deti.ie/labour/workpermits/ bulgariaromania.htm.

Departmental Expenditure

Brian Hayes

Ceist:

885 Deputy Brian Hayes asked the Minister for Enterprise, Trade and Innovation the cost to his Department from 2007 in respect of providing all computer, hardware and software, in his private and constituency office in tabular form; and if he will make a statement on the matter. [48155/10]

The ICT needs of my private and constituency offices located in Kildare Street is met from a pool of equipment and software created to meet the business needs across my Department. Records of costs would therefore relate to batches of items procured by my Department rather than individual items specifically used by my office.

My Department has no records in relation to my constituency offices in Cork as the equipment there was supplied by my previous Department. Upon taking up my current position as Minister for Enterprise, Trade and Innovation it was decided that retaining the existing equipment was more cost effective than having it replaced.

Joan Burton

Ceist:

886 Deputy Joan Burton asked the Minister for Enterprise, Trade and Innovation if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48185/10]

The amount paid by my Department, including Professional Services Withholding Tax, to Indecon Economic Consultants in the past five years is set out in the table below.

Year

Amount Paid

2006

45,799.70

2007

156,018.60

2008

74,163.19

2009

2010

The payments were made in respect of Value of Money Reviews on Science Foundation Ireland, Training people with disabilities and an Economic Impact Assessment on the Safety, Health and Welfare at Work Act 2005.

Departmental Websites

Liz McManus

Ceist:

887 Deputy Liz McManus asked the Minister for Enterprise, Trade and Innovation the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48203/10]

Information on websites maintained by Agencies of the Department is a day-to-day matter for the Agencies. My Department and its Offices maintain a variety of websites related to their differing functions. These sites along with their associated costs and average monthly unique visits for 2010 are shown in the table below.

Website

Cost of maintaining the website in 2010

Average number of unique visitors per month during 2010

www.basis.ie

65,000

6,520

www.clrg.org

362

754

www.cro.ie

5,000

114,356

www.deti.ie

7,304

43,913

www.labourcourt.ie

28,000

Statistics not held beyond 11 days

www.patentsoffice.ie

4,995

21,000

www.worklifebalance.ie

2,155

3,240

www.eatribunal.ie

4,750

12,453

www.odce

4,788

7,120

www.pointofsinglecontact.ie

4,307

243

www.solvitireland.ie

4,307

127

www.employmentrights.ie

16,329

24,233

www.core.ie

22,891

15,738

Consultancy Contracts

Richard Bruton

Ceist:

888 Deputy Richard Bruton asked the Minister for Enterprise, Trade and Innovation the total cost of the December 2009 report entitled Measuring the Administrative Burden on Irish Business prepared by EPS Consulting for his Department; the fees paid to consultants to date in relation to the process of measuring the administrative burden imposed by 15 Departments, the Revenue and the Central Statistics Office overseen by him; if the proposal to engage consultants to complete this process of measurement across Government has yet been put to Cabinet; if this proposal has been adopted; the estimated cost of same; and if he will make a statement on the matter. [48248/10]

During 2009, my Department commissioned EPS Consulting to measure a prioritised list of 31 Information Obligations in Company Law, Employment Law and Health & Safety Law. The total cost of the project, including the Report presented in December 2009, was €58,249.

To date, my Department has paid fees totalling €55,880 to consultants other than EPS Consulting in relation to the administrative burden reduction target. These costs cover fourteen projects dealing with the listing and prioritising of Information Obligations, Standard Cost Model training and advice on sectoral and technical matters arising during the overall process of measurement.

I intend to bring a proposal to Government shortly regarding the detailed process of measuring the approximately 120 prioritised Information Obligations identified by participating Departments and Revenue in the administrative burden reduction project.

Job Creation

Niall Collins

Ceist:

889 Deputy Niall Collins asked the Minister for Enterprise, Trade and Innovation the number of new jobs announced and created in the mid-west region in 2008, 2009 and 2010; the number of itinerary trips to the region sponsored by the State agencies to promote job creation; and if he will make a statement on the matter. [48310/10]

The Enterprise Development agency figures for jobs created are compiled annually in the Forfás Annual Employment Survey, the most up to date of which details employment figures up until 2009. The figures are in respect of numbers of persons employed in firms assisted by IDA Ireland, Enterprise Ireland and Shannon Development, together with those assisted by the County Enterprise Boards (CEB) operating in the Mid West Region, which come under the aegis of my Department. As the information is compiled on an annualised basis, I expect the figures in respect of 2010 to become available during the first quarter of this year.

Figures for jobs created in the Mid West Region in 2008 and 2009 in respect of companies supported by the State's Enterprise Development agencies and the County Enterprise Boards operating in the Region are set out in Table 1 accompanying this reply. In addition to the jobs created by CEB-eligible clients, additional jobs have been created in 2010 through utilization of European Globalisation funds administered by Limerick City Enterprise Board (22 jobs) and Limerick County Enterprise Board (70 jobs).

Table 2 sets out the number of itinerary visits to the region in 2008, 2009 and 2010 sponsored by IDA Ireland and Shannon Development. The Enterprise Ireland and CEB portfolios of indigenous client companies are, of their nature, not very mobile, and therefore no itinerary visits were arranged by these bodies during the period in question.

Table 1: Number of Jobs Created in Enterprise Agency-supported Companies & CEB-supported Companies in the Mid West Region

2008

2009

Enterprise Agency-supported Companies

1,714

1,006

CEB-supported Companies

168

180

Table 2: Number of Itinerary Visits sponsored by Enterprise Development Agencies

2008

2009

2010

IDA Ireland

9

18

33

Shannon Development

14

18

21

Total

23

36

54

Business Registrations

Phil Hogan

Ceist:

890 Deputy Phil Hogan asked the Minister for Enterprise, Trade and Innovation the reason for the delay in obtaining a business name certificate from the central registration office; and if he will make a statement on the matter. [48551/10]

In 2010 the Companies Registration Office (CRO) registered 28,089 new business names. Some 91% of applications were registered and certificates were issued within 20 working days.

Delays arise if an application has not been correctly completed or some vital piece of information or documentation is not provided. These applications must be returned to the presenter for the errors or omissions to be rectified and be re-submitted for registration.

Retail Sector Developments

Richard Bruton

Ceist:

891 Deputy Richard Bruton asked the Minister for Enterprise, Trade and Innovation if he is making a submission to the review of retail planning guidelines being instituted by the Department of the Environment, Heritage and Local Government; if so the proposals he is making for consideration in that review; and if he will make a statement on the matter. [48565/10]

I have not made a submission to the Department of the Environment, Heritage and Local Government on the review of the retail planning guidelines. I will make my views known to Government when the issue is brought to it for consideration.

Departmental Expenditure

Lucinda Creighton

Ceist:

892 Deputy Lucinda Creighton asked the Minister for Enterprise, Trade and Innovation the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1173/11]

No expenditure was incurred by my Department in the period in question on opinion polling.

Occasionally, my Department or one of its Offices (Office of the Director of Corporate Enforcement, Companies Registrations Office etc.) commissions research involving focus groups as part of their evidence-based policy-making work. In this regard, the information requested by the Deputy in relation to the amount spent by my Department on such focus group research in 2007, 2008, 2009 and 2010 was as follows:

Year

Amount (€)

2010

€629 in respect of 2 Workshops

2009

Nil

2008

€77,247 in respect of 3 pieces of research

2007

€50,613 in relation to 3 projects

Lucinda Creighton

Ceist:

893 Deputy Lucinda Creighton asked the Minister for Enterprise, Trade and Innovation the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1188/11]

Lucinda Creighton

Ceist:

894 Deputy Lucinda Creighton asked the Minister for Enterprise, Trade and Innovation the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1203/11]

I propose to take Questions Nos. 893 and 894 together.

The number and the total cost of paying for mobile telephones including BlackBerrys in my Department and the Offices of my Department in the years 2006 to 2010 inclusive is set out in the following Tabular Statement.

Number and cost of Mobile Telephones

Year

Number of Mobile Telephones

Mobile Telephone Costs

2006

250

196,100

2007

296

188,500

2008

289

205,800

2009

287

162,700

2010

269

144,200

I am not in a position to provide information on this matter in relation to the Agencies of my Department, as this is a day-to-day matter for the Agencies concerned.

Tax Code

Richard Bruton

Ceist:

895 Deputy Richard Bruton asked the Minister for Enterprise, Trade and Innovation the assessment, if any, which he has undertaken on the withdrawal of patent relief in the tax code; its costs and benefits for industrial and employment policy; and if he will make a statement on the matter. [1422/11]

The Patent Royalty Exemption has been costed at €50m based on 2008 figures using the initial revenue loss method. A total of 165 companies were claiming the relief in 2008.

The benefits of the exemption included providing an incentive for the commercialisation of R&D, reducing the cost of undertaking R&D for SMEs and removing the competitive disadvantage for SMEs associated with an inability to match the share-based remuneration options provided by many stock exchange listed multinationals.

The Minister for Finance, having regard to the costs arising for the Exchequer and other concerns about the operation of the Exemption, decided to terminate the facility as provided in the National Recovery Plan 2011-2014 which also includes a commitment that some of the money raised from abolishing tax expenditures will be redirected to support enterprise.

Higher Education Grants

Jack Wall

Ceist:

896 Deputy Jack Wall asked the Minister for Enterprise, Trade and Innovation the grants available through his Department or its agencies available to a person (details supplied) in County Kilkenny in regard to the course the person is undertaking; and if he will make a statement on the matter. [1429/11]

I understand that the person in question is pursuing a training course in a college which comes under the remit of Teagasc. As Teagasc is an agency of the Department of Agriculture, Fisheries and Forestry, it would be more appropriate for the Deputy to address his query to that Department.

There are no grants available from my Department's agencies for such courses.

Legal Services

Alan Shatter

Ceist:

897 Deputy Alan Shatter asked the Minister for Enterprise, Trade and Innovation in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and-or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1620/11]

Alan Shatter

Ceist:

898 Deputy Alan Shatter asked the Minister for Enterprise, Trade and Innovation in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1635/11]

Alan Shatter

Ceist:

899 Deputy Alan Shatter asked the Minister for Enterprise, Trade and Innovation with regard to legal services used by his Department, any body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitors firm that succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1650/11]

I propose to take Questions Nos. 897 to 899, inclusive, together.

In the short time available to me since these three Questions were tabled by the Deputy, I am unable to provide the significant level of detailed information sought in each Question. My Department has, however, begun the process of collating the information requested and I will communicate further with the Deputy once that exercise has been completed.

Departmental Agencies

Lucinda Creighton

Ceist:

900 Deputy Lucinda Creighton asked the Minister for Enterprise, Trade and Innovation the amount of the €500 million allocated to Innovation Fund Ireland that has been drawn down to date; and if he will make a statement on the matter. [1796/11]

I announced the first call for expressions of interest in Innovation Fund Ireland on 23 September 2010. Enterprise Ireland and the National Pensions Reserve Fund (NPRF) will manage the Fund and investors had until 26th November 2010 to signal their interest in establishing a presence here. Now that this deadline has passed, Enterprise Ireland and the NPRF are in the process of evaluating the 32 expressions of interest received.

Innovation Fund Ireland will have up to €250 million available to make commitments. This funding runs along two parallel tracks.

The first comprises a €125 million pool of funds provided by the Exchequer and managed by Enterprise Ireland. Successful applicants who receive an investment from Enterprise Ireland will have to commit to investing an equivalent amount in Irish companies or companies with substantial Irish operations over the lifetime of their fund.

The second is for a similar amount and designed to allow Ireland's National Pension Reserve Fund to make a similar level of commercial investments assuming its criteria are met. To date the NPRF has made two investments under the banner of Innovation Fund Ireland.

Enterprise Support Services

Lucinda Creighton

Ceist:

901 Deputy Lucinda Creighton asked the Minister for Enterprise, Trade and Innovation the number of high performance start-up companies the Government supported in 2010; and if he will make a statement on the matter. [1797/11]

In respect of 2010, a total of 80 new High Potential Start-Up Companies were supported through a programme operated by Enterprise Ireland, the agency for the development of indigenous Irish companies. Of that number, 50% were companies established outside the Dublin region, contributing to company growth across the country. The companies were generated in sectors including Medical Devices, Software, Financial Services, Food, Cleantech and Engineering. The investment approved to these Start-Ups was approximately €18.7 million and in addition, a further 16 High Potential Start-Up companies, already established, also received follow-on investment funding, amounting to over €2 million during 2010.

Over the period 2008-2010, Enterprise Ireland has supported a total of 224 High Potential Start-Up companies. The establishment of these new companies, across a wide range of knowledge-intensive sectors, is a clear indication that entrepreneurs throughout the country have the ambition, ability and courage to take their ideas forward and create new and innovative, export-focused businesses, despite the difficult economic conditions.

For 2011, additional money has been provided to increase the momentum of new company development. Enterprise Ireland has set a target to support 85 High Potential Start-Ups in 2011 and the aim is to increase this figure to 100 per year by 2013. Currently, the agency is working with a strong pipeline of start-up prospects and expects to be able to achieve this challenging target in the year ahead.

To strengthen the development of High Potential Start-Up companies, Enterprise Ireland has developed a range of initiatives which are aimed at growing the start-up environment, including:

The continued development of the Seed and Venture Capital market in Ireland — a record level of seed capital is now available with in excess of €120m currently under management.

The launch of the Internet and Games Competitive Start Fund to support internet and games start ups. This competitive fund provides start ups with early stage funding to explore and determine the market fit of their business and progress to product launch. The initial fund will be €500,000 and it is envisaged that this will be expanded to include further sectors in early 2011.

Focus on overseas entrepreneurs as a rich source of start-ups, which will include the introduction of development programmes and competitions relating to business plan which will attract new and serial entrepreneurs from outside Ireland, consistent with the objective to make Ireland an internationally recognised innovation hub.

An ongoing collaboration is underway between Enterprise Ireland and other relevant players such as the Universities and Institutes of Technology (particularly in the context of research commercialisation and technology transfer), the Business Innovation Centres, City and County Enterprise Boards, Business Angel Networks, Incubators and Enterprise Centres, which play an important role in both the identification and development of entrepreneurial prospects which can progress to the generation of new High Potential Start-Up companies.

Departmental Expenditure

Brian Hayes

Ceist:

902 Deputy Brian Hayes asked the Minister for Community, Equality and Gaeltacht Affairs the cost to his Department from 2007 in respect of providing all computer, hardware and software, in his private and constituency office in tabular form; and if he will make a statement on the matter. [48152/10]

I am advised that the records show that the cost to my Department in respect of providing computer hardware and software in both my predecessor's and my own private/constituency offices was as set out in the table below:

Year

Cost

2007

4,136

2008

15,030

2009

5,756

2010

11,633

Joan Burton

Ceist:

903 Deputy Joan Burton asked the Minister for Community, Equality and Gaeltacht Affairs if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48182/10]

I am advised that one payment was made by my Department over the past five years to the company referred to by the Deputy. The amount in question was €94,234.80, which was paid in 2006.

Departmental Websites

Liz McManus

Ceist:

904 Deputy Liz McManus asked the Minister for Community, Equality and Gaeltacht Affairs the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48200/10]

The information sought by the Deputy in relation to websites operated by my Department and by bodies/agencies funded from its Vote Group is set out in the table below.

In cases where information in relation to the number of unique visitors to certain sites could not be compiled in the time provided, arrangements are in hand for the relevant information to be provided directly to the Deputy as soon as possible.

Entity

Website(s)

Website operated by

Annual cost of maintenance

Unique Visitors per Month

Department of Community, Equality and Gaeltacht Affairs (DCEGA) The combined hosting cost for the websites presently hosted by my Department, www.pobail.ie, www.dormantaccounts.ie, , www.socialinclusion.ie and www.combatpoverty.ie for 2010 was €21,896.

www.pobail.ie

DCEGA

€9,341

2,813

www.socialinclusion.ie

3,466

www.combatpoverty.ie

7,775

Dormant Accounts Board

www.dormantaccounts.ie

DCEGA

€4,029

Figures will be available from Jan 2011 onwards

Office of Charitable Donations and Bequests

www.charitycommissioners.ie

Office of Charitable Donations and Bequests

€234

736

National Advisory Committee on Drugs (NACD)

www.nacd.ie

NACD

€7,562

2,064

Family Support Agency

www.fsa.ie

Family Support Agency

€5,883

4,198

Oifig Choimisinéir na dTeangacha Oifigiúla

www.coimisineir.ie

Oifig Choimisinéir na dTeangacha Oifigiúla

€1,319

8,243

Údarás na Gaeltachta

www.udaras.ie

Údarás na Gaeltachta

€3,920

1,020

www.gaelsaoire.ie

€3,920

Gaelsaoire website under redevelopment — due to go live next month

Waterways Ireland The amount of €17,000 represents a contract for an integrated service which includes, amongst other things, line rentals, server maintenance and hosting. It would be impractical to analyse the separate parts as it was tendered as a package and not on the basis of individual items. The figure of 1,463,703 represents average number of “Website Hits” per month, which is an industry standard benchmark for website performance.

www.waterwaysireland.org

Waterways Ireland

€17,000

1,463,703

Entity

Website(s)

Website operated by

Annual cost of maintenance

Unique Visitors per Month

Western Development Commission

www.wdc.ie

Western Development Commission

€3,000

10,897

www.lookwest.ie

20,715

Foras na Gaeilge

www.gaeilge.ie

Foras na Gaeilge

€1,787 This figure includes the cost of hosting both Colmcille sites as those costs could not be broken out of the overall maintenance fee.

5,025

www.foclóir.ie

1,330

www.colmcille.org www.colmcille.net is the principal site for the Colmcille tripartite initiative while www.colmcille.org is a site devoted to the flagship project mapping Slí Colmcille / Colmcille Way. Statistics for these sites are not to hand but will be available shortly.

Not presently available

www.colmcille.net

www.webdante.net This specialist website was established mid-2010 in connection with the major new English Irish dictionary project. While statistics are not being compiled at present, it is intended to commence that activity shortly.

Not presently available

The Ulster-Scots Agency/Tha Boord o Ulstèr-Scotch

www.ulsterscotsagency.com

Tha Boord o Ulstèr-Scotch

£414

2,300

www.1718migration.org.uk

£33

20-30

www.hamiltonmontgomery1606.com

£33

20-30

www.ulstervirginia.com

£33

20-30

www.brucerathlin1307.com

£33

20-30

www.plantationofulster.org

£33

20-30

Entity

Website(s)

Website operated by

Annual cost of maintenance

Unique Visitors per Month

National Disability Authority

www.nda.ie

NDA

€6,535

4,305 The figure of 4,305 is the average number of unique visitors per month to the www.nda.ie site between 1 October 2009 and 31 March 2010.

www.universaldesign.ie

Not available

Irish Human Rights Commission

www.ihrc.ie

IHRC

€850 is the maintenance cost for the website, www.ihrc.ie, for 2009 — the latest figures available for the IHRC.

2,059 The figure of 2,059 is the average number of unique visitors per month to the www.ihrc.ie site for 2010.

Equality Authority

www.equality.ie

Equality Authority

€6,240

24,358 The home page of the Equality Authority website was visited 146,148 times between 1st July 2010 and 31st December 2010. This figure equates to an average number of 24,358 per month.

Equality Tribunal

www.equalitytribunal.ie

Equality Tribunal

€3,569

15,588

Community Development

Charles Flanagan

Ceist:

905 Deputy Charles Flanagan asked the Minister for Community, Equality and Gaeltacht Affairs if he will provide details on all funding made available to voluntary and community organisations that work with vulnerable children and families in 2009 and 2010 in tabular form; and if he will make a statement on the matter. [48232/10]

As the Deputy will be aware, my Department operates a range of grant programmes and schemes supportive of communities across the country, including vulnerable children and families, details of which are available on my Department's website at www.pobail.ie. Some of the schemes are administered directly by my Department, while others are administered on its behalf by various intermediary bodies and groups, where applications for funding are submitted directly to the bodies/groups in question.

In relation to the Deputy's specific request for details on all funding made available to voluntary and community organisations who work with vulnerable children and families in 2009 and 2010, I do not consider it feasible to provide such information in the format requested by the Deputy due to the level of resources required and the volume of work required to collate that information. If, however, the Deputy has a specific query with regard to a particular organisation or scheme, I would be happy to provide the relevant information.

Finally, may I draw the attention of the Deputy to the funding provided by my Department to the Family Support Agency (€33.5 million in 2010) to support vulnerable families and children. Details of the funding allocated and the work of the Family Support Agency can be accessed at its website at www.fsa.ie .

Billy Timmins

Ceist:

906 Deputy Billy Timmins asked the Minister for Community, Equality and Gaeltacht Affairs the position regarding funding for community development projects (details supplied); and if he will make a statement on the matter. [48425/10]

Given the constraints attaching to a ‘details supplied' Question, I am arranging to have details of the funding provided to the community development projects referred to by the Deputy forwarded to him directly.

Departmental Expenditure

Lucinda Creighton

Ceist:

907 Deputy Lucinda Creighton asked the Minister for Community, Equality and Gaeltacht Affairs the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1170/11]

I am advised that expenditure of €39,204 was incurred by the Office of the Minister for Integration in my Department during 2010 on opinion polling and focus group research. This expenditure was incurred in the context of research being conducted on attitudes to immigration and integration.

No expenditure of this nature was incurred during the period 2007-09.

Lucinda Creighton

Ceist:

908 Deputy Lucinda Creighton asked the Minister for Community, Equality and Gaeltacht Affairs the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1185/11]

The information sought by the Deputy is provided in the table set out below.

It has not been possible to compile the details sought by the Deputy in relation to the Irish Human Rights Commission within the timeframe allocated. However, I am arranging for this information to be provided to the Deputy without delay.

2006

2007

2008

2009

2010

Name of Body

Number of mobile telephones paid for by Body

Total cost of paying mobile telephone bill

Number of mobile telephones paid for by Body

Total cost of paying mobile telephone bill

Number of mobile telephones paid for by Body

Total cost of paying mobile telephone bill

Number of mobile telephones paid for by Body

Total cost of paying mobile telephone bill

Number of mobile telephones paid for by Body

Total cost of paying mobile telephone bill

Western Development Commission

12

7,012

13

10,396

13

10,948

12

12,491

11

9,197

Údarás na Gaeltachta

40

25,541

69

41,661

74

37,847

72

19,937

67

22,562

Pobal

26

23,400

31

24,300

36

32,400

30

8,300

25

9,800

An Coimisinéir Teanga

4

1,017

4

1,473

6

2,140

6

2,414

6

2,614

Waterways Ireland

193

84,101

211

80,588

221

79,998

240

77,927

255

79,958

Foras na Gaeilge

6

15,154

6

13,723

6

16,466

6

14,023

6

12,941

Ulster Scots Agency

10

15,423

13

16,040

13

19,849

8

7,064

8

6,927

Bord na Leabhar Gaeilge

2

795

2

882

n/a

n/a

n/a

n/a

n/a

n/a

An Coimisinéir Teanga

4

1,017

4

1,473

6

2,140

6

2,414

6

2,614

National Disability Authority

2

1,163

2

2,553

2

2,458

4

4,347

4

2,492

Equality Authority

11

7,528

11

8,063

12

7,465

14

6,106

13

7,073

Equality Tribunal

17

6,642

20

7,062

21

9,444

22

11,721

21

10,141

Family Support Agency

15

5,377

15

5,808

15

5,368

15

4,447

15

3,112

1In relation to the costs attributed to Waterways Ireland, the figures provided show the costs to the body after reimbursement by staff for private calls.

Exchange Rates Used: 2006: €1 = £0.69

2007: €1 = £0.68

2008: €1 = £0.67

2009: €1 = £0.78

2010: €1 = £0.89.

1Bord na Leabhar Gaeilge was incorporated into Foras na Gaeilge with effect from 1 January 2008.

Lucinda Creighton

Ceist:

909 Deputy Lucinda Creighton asked the Minister for Community, Equality and Gaeltacht Affairs the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1200/11]

The cost and numbers of mobile devices (including modems) in use in my Department over the period 2006-10 are set out in the table below.

2006

2007

2008

2009

2010

No. of mobile devices

110

115

100

96

109

Cost

€67,192

€102,578

€92,659

€54,487

€54,510

National Disability Strategy

Denis Naughten

Ceist:

910 Deputy Denis Naughten asked the Minister for Community, Equality and Gaeltacht Affairs further to Parliamentary Question No. 55 of 14 December 2010, the way he plans to spend the €7.499 million allocated for the implementation of the national disability strategy; and if he will make a statement on the matter. [1585/11]

Individual Departments fund disability services and initiatives under the National Disability Strategy through their various individual Votes.

Of the €7.499m allocated to my Department for the disability sector in the 2011 Budget Estimates, €5.165m was allocated to the National Disability Authority, the lead statutory agency in policy advice and research in relation to people with disabilities. The remainder of the allocation will provide grant funding to certain organisations in the sector, promote awareness of disability issues and fund occasional disability schemes and projects.

Legal Services

Alan Shatter

Ceist:

911 Deputy Alan Shatter asked the Minister for Community, Equality and Gaeltacht Affairs in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and-or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1617/11]

The table below sets out the details sought by the Deputy in relation to the three occasions where my Department directly obtained advice from a firm of solicitors, or from Senior or Junior Counsel, between 1 January 2006 and 31 December 2010. In each case, the services of external solicitors and/or barristers were procured to provide essential legal advice, legal opinion or to carry out specialist legal work where the legal expertise required was not available in-house. Competitive tendering processes were not held in the cases in question on the basis that the solicitors/barristers had extensive, specialist knowledge of the particular relevant areas.

Name of Solicitors/Barristers

Amount paid & relevant year

Subject matter in respect of which legal advice was sought

Nature of work involved

Alexander J Ownes

21,6142007

Land access for recreational use

To examine and make recommendations on legal issues around land access for recreational use

Seán Ó Cearbhaill

612008

Gaeltacht Schemes

To witness and provide a legal signature to a document

A & L Goodbody

6,0942009

Tender competition for the provision of the Aran Islands passenger ferry services

To undertake a review of the decision to award contracts

Legal Proceedings

Alan Shatter

Ceist:

912 Deputy Alan Shatter asked the Minister for Community, Equality and Gaeltacht Affairs in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1632/11]

The table below sets out the position as at 31 December 2010 regarding court cases initiated during the period 2008-10, in which I or my predecessor were named as defendants. It should be noted that a number of the cases listed relate to equality functions transferred from the Department of Justice and Law Reform to my Department on 1 June 2010.

Details of case

Nature of proceedings

Court in which case was initiated

Was legal representation provided by Chief State Solicitor’s Office

Legal costs incurred by Department

Outcome of Case

If the case was lost, details of plaintiff’s costs paid

Michelle Maguire — v — Minister for Community, Equality and Gaeltacht Affairs, Ireland, Attorney General and Philip Keegan

Employment case

Circuit Court

Yes

Nil

Struck out

N/A

Thomas McNally — v — Minister for Community, Equality and Gaeltacht Affairs, Ireland and Attorney General

Constitutional challenge to section 99 of Charities Act 2009

High Court

Yes

Nil

Won. However, notice of appeal has been lodged.

N/A

Executive Helicopters Maintenance Ltd — v — Minister for Social Protection, Attorney General and Connacht Tribune

Allegation of defamation

Circuit Court

Yes

Nil

Proceedings ongoing

N/A

Executive Helicopters Maintenance Ltd — v — Minister for Community, Equality and Gaeltacht Affairs, Ireland and Attorney General

Judicial review sought of decision to award Aran Islands PSO air service

High Court

Yes

Nil

Proceedings ongoing

N/A

Réalt na Maidne Teo — v — Department of Community, Equality and Gaeltacht Affairs

Judicial review sought of decision to award Árainn Mhór ferry service contract

High Court

Yes

Nil

Proceedings ongoing

N/A

Michael Ringrose — v — People with Disabilities in Ireland Ltd, Minister for Justice, Equality and Law Reform, Ireland and Attorney General

Employment case

High Court

Yes

Nil

Proceedings ongoing

N/A

Martin Donnellan — v — Minister for Justice, Equality and Law Reform, Commissioner of An Garda Síochána, Ireland and Attorney General

Challenge by an Assistant Commissioner of An Garda Síochána to mandatory retirement at age 60 years, contrary to Employment Equality Acts and/or EU anti-discrimination law

High Court

Yes

Nil

Judgement delivered in July 2008 but not yet perfected. Claim dismissed, with no order as to costs.

N/A

Legal Services

Alan Shatter

Ceist:

913 Deputy Alan Shatter asked the Minister for Community, Equality and Gaeltacht Affairs with regard to legal services used by his Department, any body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitors firm that succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1647/11]

I am advised that no legal services were procured following competitive tendering by my own Department, or by the following bodies funded from my Department's Vote Group: the Office of the Commissioner of Charitable Donations and Bequests; the Dormant Accounts Board; An Foras Teanga (comprising Foras na Gaeilge and the Ulster-Scots Agency); the Equality Authority; the Equality Tribunal; and the Family Support Agency.

Details with respect to instances where legal services were procured by bodies funded from my Department's Vote Group following a competitive tendering process between 1 January 2008 and 31 December 2010 are set out in the table below. I am advised that the services of external solicitors and barristers were procured in these cases to provide essential legal advice, legal opinion or to carry out specialist legal work where the legal expertise required was not available in-house. I am also advised that no legal advice was sought or fees paid to legal firms to assist in the preparation of tender documents as referred to by the Deputy.

Body / Agency Name

Name of Solicitor/Barrister

Amount Paid 2008

Amount Paid 2009

Amount Paid 2010

Údarás na Gaeltachta

Brian Conroy

Nil

Nil

1,512

Ciara O’Callaghan

Nil

2,250

Nil

Dáithí Mac Cárthaigh

Nil

Nil

647

Ercus Stewart

5,445

Nil

Nil

Garrett Simons

Nil

Nil

2,420

George Brady

2,420

Nil

Nil

George Brady

Nil

1,823

Nil

George Brady

Nil

Nil

4,840

George Brady

Nil

Nil

908

George Brady

Nil

Nil

1,210

Geraldine Glynn

Nil

1,628

Nil

Geraldine Glynn

Nil

182

Nil

McCann Fitzgerald Solicitors

Nil

911

Nil

Purtill Solicitors

Nil

Nil

250

Quinn Dillon & Co Solicitors

1,994

Nil

Nil

RDJ Glynn Solicitors

Nil

Nil

3,630

Leonie Hussey O’Brien

Nil

Nil

667

RDJ Glynn Solicitors

Nil

Nil

2,800

An Coimisinéir Teanga

Antóin de Lap

Nil

Nil

Nil

Antóin de Lap

6,899

Nil

Nil

Antóin de Lap

Nil

7,859

Nil

Antóin de Lap

Nil

Nil

1,948

Séamus Ó Tuathail

Nil

Nil

Nil

Séamus Ó Tuathail

4,384

Nil

Nil

Séamus Ó Tuathail

Nil

4,391

Nil

Séamus Ó Tuathail

Nil

Nil

918

Waterways Ireland

Andrew Crean-Lynch Solicitor

27,915

Nil

Nil

Arthur Cox

12,571

Nil

Nil

Carson McDowell

Nil

Nil

1,197

Copeland McCaffrey Solicitors

36,203

Nil

Nil

Elliott Duffy Garrett

Nil

Nil

1,050

Elliott Duffy Garrett

Nil

130

Nil

Elliott Duffy Garrett

1,767

Nil

Nil

FJ Gearty & Co Solicitors

Nil

Nil

1,013

LK Shields Solicitors

Nil

Nil

4,880

LK Shields Solicitors

Nil

67,965

Nil

LK Shields Solicitors

57,300

Nil

Nil

Lucas Associates

Nil

Nil

616

Lucas Associates

Nil

7,639

Nil

Mason Hayes & Curran

Nil

4,485

Nil

Mason Hayes & Curran

16,936

Nil

Nil

Matheson Ormsby Prentice

10,213

Nil

Nil

McCann FitzGerald Solicitors

Nil

Nil

6,508

McCann FitzGerald Solicitors

Nil

13,682

Nil

McCann FitzGerald Solicitors

7,941

Nil

Nil

Morgan McManus Solicitors

Nil

Nil

46,592

Morgan McManus Solicitors

Nil

229,595

Nil

Morgan McManus Solicitors

48,522

Nil

Nil

Murnaghan & Fee Solicitors

Nil

Nil

53,763

Murnaghan & Fee Solicitors

30,575

Nil

Nil

Murnaghan & Fee Solicitors

Nil

38,515

Nil

P O’Connor and Son

11,807

Nil

Nil

Western Development Commission

McCann Fitzgerald

12,150

Nil

Nil

Nil

24,300

Nil

Nil

Nil

5,589

Purdy Solicitors

3,122

Nil

Nil

Nil

3,895

Nil

Beauchamps

8,679

Nil

Nil

Nil

24,866

Nil

Mason Hayes and Curran

Nil

8,441

Nil

Callan Tansey

6,241

Nil

Nil

Nil

22,320

Nil

Lavery Kirby Gilmartin

8,107

Nil

Nil

Nil

972

Nil

Nil

Nil

2,178

Eugene F Collins

Nil

2,965

Nil

Nil

Nil

12,145

Dillon Eustace

2,237

Nil

Nil

National Disability Authority

Beauchamps

17,327

Nil

Nil

Beauchamps

7,089

Nil

Nil

Beauchamps

1,791

Nil

Nil

BCM Hanby Wallace

Nil

7,108

Nil

Irish Human Rights Commission

Aileen Donnelly

14,520

Nil

Nil

Behan and Associates

4,574

Nil

Nil

Brian Conroy

4,840

Nil

Nil

4,779

Nil

Nil

Dillon Eustace

Nil

3,791

Nil

Nil

Nil

1,500

Gerard Hogan

13,310

Nil

Nil

Hayes and Co.

738

Nil

Nil

Michael Lynn

2,178

Nil

Nil

1,815

Nil

Nil

Nuala Egan

10,974

Nil

Nil

3,630

Nil

Nil

7,290

Nil

Nil

P Dillon Malone

10,611

Nil

Nil

Patrick Gageby

17,303

Nil

Nil

Peter Ward

6,075

Nil

Nil

Siobhan Phelan

10,890

Nil

Nil

Tom McGillicudy

13,189

Nil

Nil

Departmental Expenditure

Brian Hayes

Ceist:

914 Deputy Brian Hayes asked the Minister for Defence the cost to his Department from 2007 in respect of providing all computer, hardware and software, in his private and constituency office in tabular form; and if he will make a statement on the matter. [48153/10]

The costs to the Department of providing computer hardware and software in my own office in Department Headquarters, my office in Leinster House and my constituency office, from 1 January 2007 to 31 December 2010, are listed below in tabular form.

2007

2008

2009

2010

Hardware*

nil

€1,225

nil

€18,6912

Software

nil

nil

nil

nil

*Includes preloaded software 1 The cost in 2008 was in respect of the provision of a laptop 2 The cost in 2010 was for the conversion of my existing constituency database and the provision of a new constituency database system managed by Oireachtas.

Joan Burton

Ceist:

915 Deputy Joan Burton asked the Minister for Defence if he will set out any sum of money paid by his Department to a company (details supplied) in each of the past five years; and if he will make a statement on the matter. [48183/10]

No payments were made by the Department of Defence to the company referred to in the Deputy's Question.

Departmental Websites

Liz McManus

Ceist:

916 Deputy Liz McManus asked the Minister for Defence the number and cost of each website that falls under his remit; the number of unique visitors per month to each website; and if he will make a statement on the matter. [48201/10]

The Department provides the following five websites:

Site Name

Cost 2010

Department of Defence

defence.ie

33,086

Civil Defence

civildefence.ie

Office of Emergency Planning (OEP)

emergencyplanning.ie

21,865

Permanent Defence Forces

military.ie

34,135

Reserve Defence Forces

rdf.ie

In the case of the OEP website, the number of unique visits per month averaged 7,000 during 2010. It is not possible to provide this information for the other websites, as the external hosting companies managing these websites do not currently monitor the number of unique visits.

Defence Forces Operations

Lucinda Creighton

Ceist:

917 Deputy Lucinda Creighton asked the Minister for Defence the procedure that would allow the Army in various barracks across the country to assist in clearing icy roads and footpaths in their respective districts. [48315/10]

The Department of Defence and the Defence Forces are members of the Government Task Force on Emergency Planning. One of the ways in which the Defence Forces provide assistance in Aid to the Civil Authority (ATCA) is by providing assistance under the agreed multi-agency Framework for Major Emergency Management. Representation on the Task Force ensures the fullest coordination and cooperation with the appropriate lead Department in the event of an emergency.

In all emergency situations, including the recent periods of severe weather, the full resources of the Defence Forces are made available to the Government Task Force, and its Emergency Response Coordinating Committee, for the purpose of providing assistance where it is not possible for other agencies and organisations to respond. The Defence Forces are also members of the eight (8) Regional Working Groups set up under the Framework for the purpose of coordinating the work of the Principle Response Agencies and Defence Liaison Officers are provided to Local Authorities on an ongoing basis. These procedures were seen to operate very effectively recently as the Defence Forces responded to all requests for assistance received from the civil authorities during the recent periods of severe weather.

Departmental Expenditure

Lucinda Creighton

Ceist:

918 Deputy Lucinda Creighton asked the Minister for Defence the amount spent by his Department on opinion polling and focus group research in each of the years 2007, 2008, 2009 and 2010; and if he will make a statement on the matter. [1171/11]

The information the Deputy is seeking is set out below. There was no opinion polling conducted during the period in question.

Year

Activity

2007

Public focus group research was conducted in connection with the development of the Customer Service Action Plan for the Department. The cost of the research was €3,500.00.

2008

Public focus group research was conducted in connection with the public information and awareness campaign on emergency planning. The cost of the research was €7,725.31

Public focus group research was conducted as part of the TNS MRBI report on recruitment and retention of women in the Defence Forces. While the overall cost of the report was €47,746.60, it is not possible to isolate the cost of the focus group research contained therein.

Internal focus group research was conducted as part of the Second Independent Monitoring Group report on bullying and harassment in the Defence Forces. While the overall cost of the report was €37,109.00, it is not possible to isolate the cost of the focus group research contained therein.

2009

Nil

2010

Internal focus group research in connection with the Value for Money and Policy Review of the Reserve Defence Force is being undertaken by the Steering Committee for the review. The cost incurred in 2010 was €1,588.22.

Lucinda Creighton

Ceist:

919 Deputy Lucinda Creighton asked the Minister for Defence the number of mobile telephones paid for by public bodies under his remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1186/11]

The following table provides the information requested in relation to the number of mobile telephones paid for by public bodies under my remit in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years.

Public Body

Year

No. Of Mobile Phones

Total Expenditure Including VAT

Coiste an Asgard

2006

3

5,308

Coiste an Asgard

2007

3

5,149

Coiste an Asgard

2008

3

4,469

Coiste an Asgard

2009

3 until April and 1 thereafter

2,038

Coiste an Asgard

2010

1

1,013

Sixteen mobile phones for the Civil Defence Board and one mobile phone for the Ombudsman for the Defence Forces are paid for by the Department of Defence.

Lucinda Creighton

Ceist:

920 Deputy Lucinda Creighton asked the Minister for Defence the number of mobile telephones paid for by his Department in each of the years 2006, 2007, 2008, 2009 and 2010; the total cost of paying mobile telephone bills in each of those years; and if he will make a statement on the matter. [1201/11]

The following table details the number of mobile phones and the total spend by the Department on mobile phones in each of years 2006 to 2010.

Year

Number of mobile phones

Total Expenditure Including VAT

2006

131

51,984

2007

122

52,057

2008

119

54,018

2009

112

52,703

2010

111

46,246

The following table details the number of mobile phones and the total spend by the Defence Forces on mobile phones in each of years 2006 to 2010.

Year

Number of mobile phones

Total Expenditure Including VAT

2006

625

321,803

2007

628

327,350

2008

652

347,771

2009

550

206,468

2010

607

179,657

It is both Department of Defence and Defence Forces policy that unofficial calls are subject to salary deduction.

Commemorative Events

Joanna Tuffy

Ceist:

921 Deputy Joanna Tuffy asked the Minister for Defence if the All-Party Oireachtas Consultation Group on the Centenary of the Rising is due to meet; if the future of the Moore Street and Moore Lane terrace of buildings will be discussed as an item on the agenda of the next meeting of the group; and if he will make a statement on the matter. [1427/11]

The All Party Oireachtas Consultation Group on the Centenary of the Rising, which I chair and on which I represent the Government, also comprises Deputy Jimmy Deenihan (Fine Gael), Deputy Joe Costello (Labour), Deputy Aengus Ó Snodaigh (Sinn Féin) and Deputy Michael Lowry (for independent members). I am aware of the interest of members to have a meeting of the Group and will convene it as soon as progress on a sufficient range of projects has been achieved to justify renewed consultation with the Group.

Any item of interest to members of the Group can be discussed at the next meeting. It is of course open to members to write to me at any time about issues of concern, especially where they may relate to matters requiring urgent attention.

Defence Forces Personnel

Thomas P. Broughan

Ceist:

922 Deputy Thomas P. Broughan asked the Minister for Defence the number of Defence Forces personnel stationed at McKee Barracks and Cathal Brugha Barracks, Dublin; and if he will make a statement on the matter. [1527/11]

I am advised by the Military authorities that as at 31 December 2010, there were 795 Permanent Defence Force (PDF) personnel stationed in McKee Barracks and 829 PDF personnel stationed in Cathal Brugha Barracks.

Legal Services

Alan Shatter

Ceist:

923 Deputy Alan Shatter asked the Minister for Defence in each of the years 2006, 2007, 2008, 2009 and 2010 the arrangements entered into by his Department for the obtaining of advice from a firm of solicitors and-or from senior or junior counsel; in each case the subject matter in respect of which advices were sought, the name of the solicitors firm and or barristers concerned and the fees paid; the nature of the work concerned, that is, whether it involved the drafting of legislation or the obtaining of legal advices; whether in each case the matter concerned was advertised for tender and where not, why not. [1618/11]

Alan Shatter

Ceist:

925 Deputy Alan Shatter asked the Minister for Defence with regard to legal services used by his Department, any body under the aegis of his Department and any State agency for which he is responsible; if he will give details of the legal services of which there has been competitive tendering in each of the years 2008, 2009 and 2010; the legal firm in each case that furnished advice with regard to any such tendering and assisted in the preparation of tender documents and in each case to detail the solicitors firm that succeeded in each tendering process, the nature of the work for which each firm successfully tendered and the fees paid for any such advice or assistance to each firm for work for which it tendered. [1648/11]

I propose to take Questions Nos. 923 and 925 together.

The Chief State Solicitors Office and the State Claims Agency deal with all legal matters on behalf of the Department. As such it would seldom arise that the Department procure the services of external solicitors and barristers directly.

In 2007 McCann Fitzgerald solicitors were contracted, through a competitive tendering process, to provide legal drafting, research and advice services in relation to the drafting of new Rules and Procedure and Court Martial Rules following the enactment of the Defence (Amendment) Act, 2007. A payment for this service was made in 2008 to the value of €53,845 which included VAT. No legal firm was involved in the preparation of the tender documents.

The Defence Forces Canteen board has procured legal advice from B.P. McCormack & Son, Solicitors. The only payment made in the years listed was a payment of €5,505.50 in 2008 in relation to two cases. Firstly, advice was sought concerning the amendment of regulations and, secondly, legal advice was sought in a case taken by an employee of the Board.

Legal Proceedings

Alan Shatter

Ceist:

924 Deputy Alan Shatter asked the Minister for Defence in respect of each of the years 2008, 2009 and 2010 if he will give details of the number of court cases initiated in each year in which he or his predecessor was named as a defendant; the number of such cases in each year initiated in the District Court, Circuit Court or High Court; the nature of the proceedings taken, for example, the number of cases in which damages were claimed; judicial review was sought of decisions made or were constitutional challenges and so on; whether in all such cases legal representation was provided by the Chief State Solicitor’s office and if not, by whom; if he will detail the legal costs incurred by his Department in each of the said years in respect of any such litigation and to provide a breakdown of same including details of fees paid to solicitors and barristers; to detail the number of cases in each of the aforesaid years that were lost and in respect of which he or the State was ordered to pay the plaintiff’s costs and the amount of costs so paid in each of the aforesaid years. [1633/11]

The information requested in relation to cases initiated is set out in the following table:

Category of Claims

Legal Representatives

Year

No. of claims Initiated

Personal Injuries*

Judicial Review

Chief State Solicitor’s Office

State Claims Agency

2008

160

147

13

20

140

2009

182

174

8

18

164

2010

126

122

4

17

109

*Personal injuries and property damage cases.

No separate breakdown of cases initiated in each of the District Court, Circuit Court or High Court is currently available and it will take some time and effort to obtain it. If Deputy Shatter still requires this information I will get it for him as quickly as possible.

None of the cases involved were constitutional challenges.

The management and legal representation of all of the above cases was undertaken either by the State Claims Agency or the Chief State Solicitor's Office. The State Claims Agency manages personal injury and property damage claims against the State. The Chief State Solicitor's Office currently manages cases that arise from overseas incidents, policy sensitive cases and administrative law cases such as judicial reviews. Both the State Claims Agency and the Chief State Solicitor's Office brief the relevant barristers.

In cases where the State is considered liable or which involve an apportionment of liability as between the State and the claimant, I am informed that both the State Claims Agency and Chief State Solicitor's Office approach is to settle such cases expeditiously in so far as it is possible and to do so on reasonable terms. In cases where liability is fully disputed by the State, all necessary resources are applied to defending such claims robustly.

My Department reimburses the Chief State Solicitor's Office and State Claims Agency in respect of settled cases where the State paid plaintiffs' legal costs as well as those cases that were lost in court. My Department does not make payments direct to barristers or solicitors in respect of these cases. The amounts quoted in the following table are the total for plaintiffs' legal costs. Some of these cases would have been initiated prior to 2008 but finalised in the period, 2008 to 2010.

Year

No. of Claims Lost/Settled

Plaintiffs’ Legal Costs

2008

134

2,712,909

2009

127

2,126,187

2010

103

2,534,057

The total amount of legal costs incurred by my Department in the period 2008 to 2010 is set out below:

Year

Legal Costs

2008

3,655,543.00

2009

2,690,363.00

2010

3,096,383.00

Question No. 925 answered with Question No. 923.

Defence Forces Personnel

David Stanton

Ceist:

926 Deputy David Stanton asked the Minister for Defence the details of commissioned officer promotions in the Defence Forces in 2010; the details of non-commissioned officer promotions and details of numbers promoted to non-commissioned officer rank in 2010; and if he will make a statement on the matter. [1802/11]

Resulting from the Government Decision regarding the reduction of public service numbers and the reduced budgetary provision available for 2009, recruitment, promotions and acting-up appointments in the Permanent Defence Forces were suspended. However, in order to maintain the ongoing operational capability of the Defence Forces, a limited number of exceptions to the application of the measures to the Permanent Defence Force were sought in a submission to the Minister for Finance, in June 2009. As announced on the 24 November 2009 the Minister for Finance approved an allocation of 50 promotions for the Permanent Defence Force. These promotions were approved to address priority operational and command requirements of the Permanent Defence Force. Military Management reviewed existing vacancies in all ranks across the organisation as a whole, so as to prioritise those to be filled from the approved promotions. Following on from this review, a total of 13 Commissioned Officers and 35 Non-Commissioned Officer were promoted during 2010. The residual 2 approved promotions were retained for use to fill priority posts as the need arose.

Official confirmation and details relating to the Employment Control Framework (ECF) were received on 18 October 2010 from the Department of Finance. The ECF is based on a figure of 10,000 all ranks Permanent Defence Force personnel, appropriately configured across the Army, Naval Service and Air Corps to enable them meet the roles assigned by Government.

Officials from the Department together with the Military Authorities are in the process of reviewing the structures and posts required to meet the operational requirements of the Permanent Defence Force in accordance with the upper limits in ranks provided for in the ECF.

As the review process proceeds prioritised posts are being filled. In this regard a total of 104 promotions within the officer rank were completed in December 2010. Further officer promotions, approximately 45, will be made as soon as the relevant administrative procedures including the holding of promotion competitions, which are currently being organised, have taken place. The officer promotions already approved reflect both an operational and organisational requirement and are consistent with the action plan being developed under the National Pay Agreement. Further promotions for enlisted personnel in respect of prioritised posts are currently under consideration.

Defence Forces Equipment

David Stanton

Ceist:

927 Deputy David Stanton asked the Minister for Defence the amount expended on personal kit for members of the Defence Forces in 2010; if he will give details of such kit purchased and supplied in 2010; if he will provide the lists of suppliers of such kit respectively; and if he will make a statement on the matter. [1803/11]

There has been very significant investment in equipment for the Defence Forces in recent years. In that regard, a particular focus was placed in the investment in equipment for the individual soldier. This included the acquisition of an Integrated Protection and Load Carrying System for soldiers, which included Body Armour, Helmets, Back Packs (Rucksacks) and Battle Vests. In addition to the acquisition of standard uniform and related items, a total of €1.35m was expended in 2010 on other personal kit for members of the Defence Forces. Details of which are set out in the following tabular statement, which will be circulated with the Official Report. The personal equipment, which the individual soldier in the Defence Forces has at his/her disposal for operational use both at home and overseas is second to none and compares very favourably with the equipment in use by other countries.

Supplier

Item

Value

Daniel Technologies, Dublin

Safety Glasses

5,068.39

Daniel Technologies, Dublin

Personal Protective Equipment

320,650.00

Daniel Technologies, Dublin

Peltor Headsets

101,240.00

Lowe Alpine UK Limited

Backpacks

20,219.10

Carra (Irl) Ltd, Dublin

Personal Protection and EOD Suits

133,470.00

LBA International Ltd, UK

Body Armour

779,240.00

Barr