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Dáil Éireann díospóireacht -
Thursday, 20 Oct 2011

Vol. 744 No. 3

Written Answers

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 13, inclusive, answered orally.

Private Rented Accommodation

Peadar Tóibín

Ceist:

14 Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government his plans to introduce a deposit retention scheme for tenants. [30403/11]

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. My Department conducted a review of the Act in 2009 and the incorrect retention of deposits by landlords was identified in the review process as one of a range of issues that merited specific attention. In July 2011 the Government approved the drafting of the Residential Tenancies (Amendment) Bill 2011. The General Scheme of the Bill proposes the introduction of fines where a landlord is found to have incorrectly retained a tenant's deposit as a first step to eliminating the problem of deposit retention. However, my Department is currently liaising with the Office of the Parliamentary Counsel regarding the drafting of the Bill.

The Programme for Government 2011 commits to the introduction of a deposit protection scheme and it is important that action in this regard is taken in the context of a strong evidence base. I have therefore asked the Private Residential Tenancies Board (PRTB), the independent statutory body charged with the administration of the Act, to commission cost benefit analysis-based research on such a scheme and to report back to me with recommendations.

I understand that the PRTB will be tendering for such research in the coming weeks and I expect that the Board will revert to me with detailed research and recommendations in the first half of 2012.

Local Government Reform

Éamon Ó Cuív

Ceist:

15 Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the additional local authorities he has reviewed for possible amalgamation; and if he will make a statement on the matter. [30389/11]

David Stanton

Ceist:

19 Deputy David Stanton asked the Minister for the Environment, Community and Local Government, further to Parliamentary Questions Nos. 36 and 39 of 16 June 2011, the progress that has been made in reforming local government; if he has received the first report of the independent implementation group charged with progressing recommendations of the local government efficiency review; and if he will make a statement on the matter. [30359/11]

I propose to take Questions Nos. 15 and 19 together.

A range of work relevant to the reform and development of local government in accordance with the Programme for Government is under way and significant progress is being made.

In relation to structural reform of the local government system, I announced, on 28 June 2011, a Government decision to create a single local authority to replace Limerick County and City Councils with effect from the local elections in mid-2014. Subsequently the Government decided to establish a unified county council in Tipperary with effect from the same date. Implementation groups have been appointed to oversee planning, preparatory work and initial implementation of the reorganisation process in both Limerick and Tipperary and their work is proceeding. I have also established a Local Government Committee, under section 28 of the Local Government Act 1991, to consider whether the creation of a unified authority in Waterford would be desirable and that committee is due to report to me by end February 2012.

These measures are being progressed ahead of more comprehensive policy proposals which I intend to bring to Government shortly in relation to local government structures generally at regional, county, and sub-county levels. Decisions in relation to any further changes in local authority structures will be a matter for Government in that context.

In relation to the efficiency agenda, the work of the independent Local Government Efficiency Implementation Group is progressing. The Group has met on four occasions to date and will report to me at regular intervals, with its first report due shortly. A review of staffing levels in Dublin City Council has been completed and was published in July 2011. The report has identified a number of options for staffing reductions in the Council over the period to the end of 2014.

Specific measures to modernise local government are underway in parallel with the Efficiency Review Group's recommendations. These include implementation of the programme for Public Service Review and the Public Service Agreement (PSA) in local authorities in areas such as shared services, HR, ICT and procurement. Reports on progress and savings under the Local Government Sectoral Action Plan of the PSA were made to the Implementation Body in May 2011.

In line with the requirements of the EU/IMF Programme of Financial Support for Ireland, I announced the introduction of a household charge in 2012, on 26 July 2011. The announcement reflects the need, in the context of the State's overall financial position, to put the funding of locally delivered services on a sound financial footing, improve accountability and better align the cost of providing services with the demand for such services.

Finally, options for the greater alignment of community and enterprise functions with the local government system, in accordance with the Programme for Government, are also under consideration in my Department.

Urban Renewal

Bernard J. Durkan

Ceist:

16 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if any consideration has been given to urban rejuvenation or urban renewal including commercial activity by way of pilot scheme or other methodologies; and if he will make a statement on the matter. [30411/11]

A wide range of property-based tax relief schemes was introduced up to the mid-2000s, including town renewal and living over the shop schemes. While many important developments were encouraged by these schemes, independent reviews concluded that the tax costs of the initiatives were high relative to the outputs achieved and the Department of Finance is in the process of winding down existing schemes in light of the current economic climate and the ongoing legacy costs of such schemes to the Exchequer as investors use their reliefs and capital allowances.

Similarly, the Urban and Village Renewal Programme 2000-2006, through which grant assistance was provided by my Department to local authorities for a range of interventions to upgrade the fabric of the built environment in cities, towns and villages, ended in early 2008. That scheme involved total EU and Exchequer co-financed expenditure of over €158m. The 2007-2013 Urban and Village Regeneration Programme, administered by my Department, was deferred due to budgetary constraints.

Nonetheless, my Department remains committed to working with local government and other community development and enterprise stakeholders to ensure that a recovering economy will result in an even distribution of opportunity. In this regard there is a particular need to target in an integrated way urban areas which face particular problems resulting from both the economic downturn and investments in the past which did not facilitate the development of sustainable communities capable of benefiting from the period of high prosperity or coping with the subsequent downturn. Major regeneration programmes in Ballymun and Limerick together with a range of other remedial works schemes across the country are being prioritised to assist in addressing this deficit.

Unfinished Housing Developments

Michael Moynihan

Ceist:

17 Deputy Michael Moynihan asked the Minister for the Environment, Community and Local Government the steps taken to implement the recommendations of the advisory group on unfinished developments; and if he will make a statement on the matter. [30388/11]

I established and am chairing the National Co-ordination Committee on Unfinished Housing Developments to oversee implementation of the Report of the Advisory Group on Unfinished Housing Developments, together with the Government's response to the recommendations.

The Committee is comprised of representatives from the Banking sector, the Local Authorities, NAMA, and the construction sector as well as my Department. I consider that harnessing these various areas of expertise in a collaborative approach will result in the most effective resolution of the issues facing us.

Outputs from the Committee so far include:

The preparation of a Guidance Manual on Resolving and Managing Unfinished Housing Developments (published in August 2011);

The preparation of a Key Stakeholders Code of Practice and a Resident's Guide (both published last week);

Overseeing the Public Safety Initiative which provides funding support of €5 million;

Improved national and local co-ordination through the City and County Managers Association;

Engagement and coordination of initiatives with NAMA;

Engagement with the banking sector through the Irish Banking Federation, and;

Reviewing best practice initiatives and progress on the preparation of Site Resolution Plans nationally.

The Committee is meeting on a regular basis with the aim of publishing a report on progress achieved within the next 12 months. In the meantime, work is ongoing on implementation of the Report of the Advisory Group and real progress is already being made with regard to the public safety works required to improve the living conditions of existing residents on some unfinished estates.

Homelessness Strategy

Sandra McLellan

Ceist:

18 Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government if he has met with the Department of Health in relation to development of a holistic youth homelessness strategy. [30398/11]

Statutory responsibility for a youth homelessness strategy rests with my colleague the Minister for Children and Youth Affairs, while the Health Service Executive (HSE) leads on its implementation.

In May 2011 my Department was represented at a meeting arranged by the Department of Children and Youth Affairs with a range of interested bodies and service providers at which the current Youth Homeless Strategy was discussed. The various service providers present updated the Department of Children & Youth Affairs regarding the services under their remit in order to inform that Department in terms of their approach to updating or reviewing the Youth Homeless Strategy.

The HSE has a legal responsibility to provide for the care and welfare of children and young people up to the age of 18 who can no longer remain at home, and the current Youth Homeless Strategy sets out various objectives and steps to eliminate youth homelessness in Ireland.

My Department understands that the Department of Children and Youth Affairs is now undertaking a high level review of the Youth Homelessness Strategy as a basis for the development of a framework to address youth homelessness over the next 5 years. My Department will continue to engage as required in respect of any assistance we can offer the Department of Children & Youth Affairs in the development of that framework.

Question No. 19 answered with Question No. 15.

Litter Pollution

David Stanton

Ceist:

20 Deputy David Stanton asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 61 of 17 May 2011, the further progress which has been made regarding support for adopt-a-road initiatives; if proposals to encourage the expansion of such schemes through engagement with local authorities and local communities have been completed by him; and if he will make a statement on the matter. [30360/11]

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

As stated in the previous reply referred to, the Anti-Litter Awareness Grant Scheme, which is administered by my Department, allows local authorities the opportunity to apply for grant funding for suitable projects such as adopt a road schemes. In the context of making allocations from the €1 million I have made available under the Anti Litter Awareness Grant Scheme this year, I requested local authorities to examine and investigate the possible roll-out of adopt a road schemes in their functional areas, where practicable. Of the 34 submissions received from local authorities, 14 have applied for funding of adopt a road type schemes. This represents a significant increase over the 2010 figures, where 6 local authorities had projects of this nature in operation. It is estimated that the total cost of the projects this year will be in excess of €90,000, compared to approximately €33,000 in 2010.

Private Rented Accommodation

Pearse Doherty

Ceist:

21 Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government where he sees potential savings coming from in the transfer of the allocation of rent supplement to local councils. [30397/11]

Proposals for the transfer of responsibility for households in receipt of rent supplement, but with an identified housing need, from the community welfare service to housing authorities are being developed in my Department in conjunction with the Department of Social Protection. At this point these proposals are being advanced on a ‘cost neutral' basis. However, it is considered likely that improvements in the regulation of the extended social housing market and the removal of employment traps that currently exist under rent supplement will result in efficiency gains and cost savings in the medium to long term.

The Government has yet to make a formal decision on any transfer of responsibilities for rent supplement and, in accordance with normal practice, will only do so when the cost benefit implications of such a transfer are known.

Noise Pollution

Martin Ferris

Ceist:

22 Deputy Martin Ferris asked the Minister for the Environment, Community and Local Government the date on which he will publish noise pollution legislation; the reason for the delay in its publication; and if he will make a statement on the matter. [30315/11]

The Programme for Government includes a commitment to take further steps to address noise pollution, inter alia, through the introduction of fixed payment notices (also known as on-the-spot fines) and provision for mediation procedures between neighbours. The development of new noise legislation by my Department will be considered in the context of this commitment: however, as indicated in the Government Legislation Programme published on 14 September 2011, it is not possible at this time to indicate when the legislation will be published, having regard to other priorities in the area concerned and the broader range of legislative priorities to be progressed across my Department’s remit.

Water and Sewerage Schemes

Gerry Adams

Ceist:

23 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government his plans to upgrade and extend the sewerage and waste water treatment system in Mountmellick, County Laois. [30312/11]

The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Laois. Phase 1 of the Mountmellick Sewerage Scheme was under construction at the time of publication of the programme, while further phases of the scheme are included among the schemes to advance through planning during the life of the programme.

Phase 1 of the scheme, which covered the upgrade of the wastewater treatment plant and pumping station, is now complete. Laois County Council has submitted an Environmental Impact Statement for the further phases of this scheme to An Bórd Pleanála. When a decision has been made in this regard, my Department will complete its examination of the Preliminary Report for phases 2 and 3 of the Mountmellick Sewerage Scheme which has been submitted by the Council.

Private Rented Accommodation

Seán Crowe

Ceist:

24 Deputy Seán Crowe asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the practice of third level institutions and landlords in ownership of purpose-built accommodation charging students three months’ rent in addition to a deposit at the start of the first college term; his view on whether this lump sum is overburdening many hard-pressed families in these difficult times. [25094/11]

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. A dwelling let by a recognised educational institution does not fall within the ambit of the Residential Tenancies Act. Tenancies of dwellings in purpose-built student accommodation let by private landlords fall within the ambit of the Act but part 4 of the Act, relating to certain security of tenure provisions, does not extend to those tenancies where the dwelling qualified for certain tax reliefs.

My Department has no specific responsibility in relation to the supply of accommodation for students or any other sub-group within the private rental sector. Instead, my focus is on the broader good working and regulation of the private rented residential sector. Issues of student accommodation are primarily addressed by the market and by individual third level colleges.

The Act is silent on the amount of the security deposit, if any, that a landlord may require and is also silent on the amount of rent required to be paid in advance, if any. My attention has not been drawn to complaints concerning either practice.

The Centre for Housing Research, now part of the Housing and Sustainable Communities Agency, produced a report on issues regarding private sector provision of student accommodation in 2009. The report, which can be found online at www.housing.ie, concluded that students are well catered for by the private rented sector and that the vast majority of students are broadly happy with their engagement with the sector.

Sheltered Housing

Dessie Ellis

Ceist:

25 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government his plans to expand sheltered housing provisions in each local authority. [30405/11]

The vision for the future of the housing sector in Ireland, as set in Government's Housing Policy Statement published in June 2011, is based on choice, fairness, equity across tenures and on delivering quality outcomes for the resources invested. The overall strategic objective will be to enable all households access good quality housing, appropriate to household circumstances and in their particular community of choice.

The main focus in terms of housing supports provided by Government will be on meeting the most acute needs — the housing support needs of those unable to provide for their accommodation from their own resources. The financial parameters within which we will be operating for the coming years rule out a return to very large capital-funded construction programmes by local authorities. A restructuring of my Department's social housing investment programme to allow for the delivery of new social housing through more flexible funding models will provide key sources of delivery in the period ahead. The social housing leasing initiative and, in particular, the Rental Accommodation Scheme will play a key role as long-term social housing supports.

My Department's Capital Assistance Scheme (CAS) will continue to provide capital funding for the provision, by approved housing bodies, of housing to meet the accommodation needs of persons with specific categories of need, including older people, people with a physical, intellectual or mental health disability and homeless persons. My Department intends to issue a call for proposals for new voluntary housing projects, including sheltered housing projects, in the near future.

Housing authorities are currently engaged with my Department in a series of Housing Action Plan meetings which include discussion on the social housing investment programme for 2012 and beyond, including in relation to proposals for sheltered housing. My Department recently wrote to all housing authorities inviting them to submit a short-list of housing projects for funding in 2012. It will be a matter for individual authorities to decide on the nature of these proposals having regard to local housing need.

Homelessness Strategy

Michael Colreavy

Ceist:

26 Deputy Michael Colreavy asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the increase of 265 in the number of rough sleepers in Dublin city; and his plans to address same. [30406/11]

I refer to the reply to Question No. 162 of 5 October, 2011 which addressed the position in regard to numbers of people sleeping rough in Dublin city.

Water and Sewerage Schemes

Michael Colreavy

Ceist:

27 Deputy Michael Colreavy asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that a failure to license alternative systems to supersede septic tanks in areas with poor porous ground has resulted in virtual shutdown of house building in rural areas of counties such as Sligo, Leitrim, Donegal, Cavan and Roscommon; if his further attention has been drawn to the fact that this will have a severe adverse impact on rural communities; and if he will make a statement on the matter. [27912/11]

Appropriate measures to ensure that waste, including wastewater from septic tanks and proprietary waste systems, is recovered or disposed of without endangering human health or harming the environment, have been taken by my Department to address an ECJ judgment (C188/08) which found in October, 2009 that Ireland was in breach of Article 4 of the EU Waste Directive (2006/12/EC).

Implementation of the Environmental Protection Agency's (EPA) new Code of Practice on Wastewater Treatment and Disposal Systems Serving Single Houses, as published in October 2009, is one such key measure.

Relevant elements of the Code of Practice, which sets out comprehensive requirements in relation to the design, installation and maintenance of on-site wastewater systems, have been called up for building control purposes in the Technical Guidance Document to Part H (Drainage and Waste Water Disposal) of the Building Regulations 1997-2011.

While the Code of Practice may pose engineering and planning challenges in certain parts of the country where soil and geological conditions create very difficult drainage conditions, it also sets out a number of potential technical solutions. These include innovative designs of proprietary wastewater treatment systems, and the consideration of discharges other than to sodden or otherwise unsuitable ground conditions, that can be used to ensure that development on suitable sites can proceed while protecting the environment.

The onus is on the installers, manufacturers or suppliers of alternative wastewater systems to demonstrate, with, where appropriate, independently certified test results from a recognised testing laboratory, that their system is capable, having regard to operating conditions in Ireland, of meeting the required EU and Irish performance standards.

My Department will continue to work proactively with local authorities in ensuring that the planning system takes proper account of river basin management plans, water quality legislation and new technology in assessing the on-site wastewater treatment and disposal system aspect of proposals for housing to meet the needs of rural communities.

Community Development

Catherine Murphy

Ceist:

28 Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his intentions to develop a plan for the community sector which delivers many essential services; if there is such a plan, the scope of the work, the time frame for its delivery and the resource implications; and if he will make a statement on the matter. [30440/11]

My Department has responsibility for a range community development programmes which aim to improve the quality of life and welfare of our communities, with a particular focus on those communities that are vulnerable or disadvantaged. I am keen to ensure the long-term sustainability of local and community development supports and ensure the maximum level of available funding is delivered to front line services.

I believe the best way to achieve this is through improved alignment of local development and local government functions. For this reason, I have established a high level Steering Group to advise me on options for improved alignment between local development and local government. I consider that local government, with its democratic mandate, can work in partnership with effective local development structures to deliver efficient, sustainable, joined-up and easy to access services. I look forward to the Steering Group's recommendations, which I expect in the new year, and I believe that with the co-operation of all involved, we can work within existing resources to improve services to our citizens.

Unfinished Housing Developments

Gerry Adams

Ceist:

29 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the most recent national housing survey which found that there are more than 2,000 developments which remain unfinished; his plans to provide extra funding on top of that already allocated to local authorities in order to address this issue. [30311/11]

Dessie Ellis

Ceist:

39 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the action he will take to ensure that the 18,638 completed houses that remain vacant are used to house persons as soon as possible. [30399/11]

Sandra McLellan

Ceist:

45 Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government the number of persons currently employed in making safe ghost estates; the amount of money drawn down for this work by local authorities; and the amount of work of this nature that is still required. [30400/11]

I propose to take Questions Nos. 29, 39 and 45 together.

The first National Housing Development Survey database, published in October 2010, established an authoritative baseline analysis of unfinished housing developments to assist in fully understanding the scale and extent of the issues involved. Last week I published the findings of the 2011 survey. This showed that the number of complete vacant units had decreased by 20% since the 2010 survey from 23,250 to 18,638. Furthermore, 7,343 dwellings recorded as vacant in 2010 are now occupied (a 9.4% increase), while 17,872 dwellings are at various further stages of construction, 8,794 (almost 50%) being nearly complete. I remain committed to exploring all options for bringing suitable unsold residential stock into productive use for social housing purposes.

The results of the 2011 survey are testimony to the fact that measurable progress is being made in addressing the issues relating to unfinished housing developments and that the policies and initiatives which I have launched since assuming office are beginning to bear tangible fruit.

The overall approach is being coordinated through the National Co-ordination Committee which, I established and am chairing to oversee implementation of the Report of the Advisory Group on Unfinished Housing Developments.

To date, my Department has approved some €2.13 million to eighteen local authorities in respect of 95 estates from the €5 million funding allocation made available to address immediate safety issues. The types of works that have been approved to date include the fencing off of unsecured and hazardous areas, capping of pipes, installation of street lighting, and other works to secure sites. My Department will be making further allocations as applications are received from local authorities and assessed.

The works are being carried out by the individual local authorities, using a mixture of sub-contractors and their own personnel. I am therefore not in a position to furnish numbers of people employed as a result of this initiative.

Dormant Accounts

Mary Lou McDonald

Ceist:

30 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the number of account holders or next of kin who have reclaimed dormant funds during each of the past six years; and the amount of money reclaimed during each of those years. [30317/11]

The Dormant Accounts Act 2001 together with the Unclaimed Life Assurance Policies Act 2003 and the Dormant Accounts (Amendment) Act 2005 provide a framework for the administration of unclaimed accounts in credit institutions (i.e. banks, building societies and An Post) and unclaimed life assurance policies in insurance undertakings. The main purpose of the legislation is to reunite account holders/policy holders with their funds in credit institutions/insurance undertakings and in this regard, institutions/undertakings are required to take steps to identify and contact the owners of dormant accounts and unclaimed life assurance policies.

Dormant funds/unclaimed life assurance policies, which have not been reclaimed by the original account/policy holder or their beneficiaries, are transferred each year by the financial institution/insurance undertaking to the Dormant Accounts Fund (the Fund) which is managed by the National Treasury Management Agency (NTMA). The transfer of monies takes place on the basis that the beneficial owner will have a guaranteed right of reclaim to their property at any time in the future.

Funds may be reclaimed by account holders contacting the institution with whom the account or policy was held — the bank, building society, An Post or insurance company. That institution, in turn, validates the claim and makes arrangements with the NTMA for return of the monies (plus interest) to the account holder. My Department has no role in this matter and therefore has no information on the number of account holders involved in reclaims.

The total amount of reclaims by account holders from the Dormant Accounts Fund for the years 2005 to 2010 are listed in the following table.

Year

Reclaimed by account holders€

2005

44,876,763

2006

44,736,631

2007

34,082,871

2008

19,500,791

2009

19,051,956

2010

20,303,827

Proposed Legislation

Catherine Murphy

Ceist:

31 Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his views on new legislation to cover the area of consumer protection in the construction sector as it relates to homeowners; if so, the areas that will be covered by such changes; and if he will make a statement on the matter. [30246/11]

I attach high priority to consumer protection in the area of quality construction of new dwellings. That is why, in July 2011, I announced a number of measures to be advanced by my Department and local authorities with a view to improving compliance with, and oversight of, the requirements of the Building Regulations.

In broad terms the measures will involve:—

(a) the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the Building Regulations have been met;

(b) more efficient pooling of building control staff and resources across the local authority sector to ensure more effective and meaningful oversight of building activity;

(c) standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions;

(d) better support and further development of the building control function nationwide.

Implementation of these measures is being advanced as quickly as possible in consultation with the relevant stakeholders and I have asked my Department to give the matter priority attention. The regulations required to give effect to the introduction of mandatory certification are currently being prepared and will be the subject of industry and wider public consultation in the near future. The implementation of the other measures will be progressed by local authorities in consultation with my Department in the context of the wider programme of achieving greater efficiencies in the local government system.

Denis Naughten

Ceist:

32 Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government his plans for legislation governing the registration of septic tanks; and if he will make a statement on the matter. [30247/11]

Brian Stanley

Ceist:

36 Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if there will be any further charge on septic tanks aside from the registration charge; if septic tanks will have to be re-registered on an annual basis; his plans to introduce any further charges connected to septic tanks in the future; and if he will provide the details of same. [30307/11]

I propose to take Questions Nos. 32 and 36 together.

I expect to bring the Bill to establish a system of registration and inspection of septic tanks and other on-site systems to Government shortly seeking approval for its publication. Full details of how the new system will operate will be announced at the time.

I can confirm that the new legislation will provide that householders register details of their on-site systems on a national register and that a modest fee of no more than €50 will be charged for registration. Registration will be valid for a period of 5 years and there are no plans to introduce any further charges.

Local Authority Housing

Peadar Tóibín

Ceist:

33 Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government his plans to tailor housing need assessment to cater for those persons who have been victims of domestic abuse. [30407/11]

There is a range of services available to deal with needs arising in cases of domestic violence, both in terms of protection of the abused partner and any children, and any need for emergency accommodation. Persons who are subjected to domestic violence do not need to go on the general housing waiting lists to avail of short-term emergency housing.

Where a social housing assessment is an appropriate longer-term response to a case of domestic violence, the household concerned may be determined to be in need of social housing support where, in accordance with the 2011 social housing assessment regulations, a housing authority considers that the household's current accommodation is unsuitable for its adequate housing, having regard to particular household circumstances or on exceptional medical or compassionate grounds. The household must also meet the other need and eligibility criteria prescribed in the 2011 regulations in order to qualify for social housing support.

My Department is currently preparing guidance to promote a uniform response by housing authorities to persons contacting them for assistance following domestic violence.

Departmental Bodies

Jonathan O'Brien

Ceist:

34 Deputy Jonathan O’Brien asked the Minister for the Environment, Community and Local Government his plans to increase the resourcing of the Private Rental Tenancies Board. [30404/11]

While the Private Residential Tenancies Board (PRTB) received Exchequer funding for a number of years since its establishment in September 2004, it has operated on a self-financing basis since 2010. I have no plans to restore Exchequer funding to the PRTB and, in the current economic circumstances, it is critical that the Board continues to manage its financial resources to best effect. The Board's staffing resources are also constrained and must be managed under the Employment Control Framework designed to contain and reduce staff numbers in the PRTB.

The PRTB's funding is derived primarily from a proportion of the fee income accruing from tenancy registrations, as set down by ministerial Order. The PRTB is currently entitled to retain 80% of the registration fee income to fund its activities, with 20% going to fund Local Authority inspections of private rented residential accommodation. It also retains the fees it charges for its dispute resolution services.

The registration fee for a new tenancy is currently set at €90 or €180 if the tenancy is registered more than a month after the creation of the tenancy. The fees for the dispute resolution services are €25 for adjudication or mediation and €100 for an appeal to a tribunal. The Residential Tenancies Act 2004 allows the PRTB to change its registration fees having regard to changes in the value of money generally in the State.

The Board's published accounts are available on its website at www.prtb.ie. The most recently available accounts relate to 2009 and its total expenditure for the year ended 31 December 2009 was €7.391 million. I understand that the Board’s 2010 annual report and accounts will be submitted within a few weeks.

I am satisfied that the PRTB is actively engaging with its resources challenges and has taken steps to optimise its use of resources. In this regard it has, for instance, invested significantly in a comprehensive ICT strategy that now facilitates online registration of tenancies and will allow for automation of a range of currently time-intensive manual processes.

Community Development

Mick Wallace

Ceist:

35 Deputy Mick Wallace asked the Minister for the Environment, Community and Local Government if he will provide a detailed breakdown of the cuts to the community and voluntary sector in County Wexford from 2008 to date in 2011; if he will outline the cutbacks to the RAPID programme; and if he will make a statement on the matter. [30306/11]

The Local and Community Development Programme (LCDP) is the main community development programme operated by my Department in support of the voluntary and community sector. The aim of the LCDP is to counter disadvantage and promote equality and social and economic inclusion through partnership and constructive engagement with disadvantaged communities. The overall funding allocation for the Local Development Social Inclusion Programme and Community Development Programme, and the successor Local and Community Development Programme (LCDP), has been reduced from €83.5m in 2008 to €63.4m in 2011.

Funding allocated to County Wexford under these Programmes exceeded €11m over that period, with a yearly breakdown as follows:

Year

2011

2,362,738.28

2010

2,536,453.32

2009

2,851,222.00

2008

3,316,667.09

The RAPID (Revitalising Areas by Planning, Investment and Development) Programme aims to improve quality of life for residents living in 51 designated disadvantaged areas through the improved planning and co-ordination of state services and through the delivery of new investment in services and facilities. The RAPID leverage schemes were initiated in 2004 in order to support small-scale projects identified locally in each of the RAPID areas. These schemes are co-funded by relevant State agencies and support projects focusing on estate enhancement, graffiti clean-up, traffic calming, CCTV, health and sports facilities, and the provision of playgrounds. The table below provides details of funding for RAPID leverage projects in County Wexford from 2008 to 2011.

RAPID Leverage Schemes

Project

County

Amt Paid

Date

Measure

Wexford Borough Council

Wexford

22,750.00

2008

Traffic Measures Scheme

St John’s Volunteers GAA Club

Wexford

€13,500

2008

Sports Capital Top-Up

St Ibars Boxing Club

Wexford

€1,200

2008

Sports Capital Top-Up

Wexford Borough Council

Wexford

35,155.57

2009

Local Authority Housing Estate Enhancement Scheme

New Ross Boat Club

Wexford

€3,600

2009

Sports Capital Top-Up

Wexford Bohemians FC

Wexford

€4,200

2009

Sports Capital Top-Up

Sarsfields GFC

Wexford

€39,000

2009

Sports Capital Top-Up

Faythe Harriers Hurling & Camogie Club

Wexford

€30,000

2009

Sports Capital Top-Up

Wexford Borough Council

Wexford

57,211.46

2009

Playgrounds Scheme

Wexford Borough Council

Wexford

29,508.64

2010

Playgrounds Scheme

Wexford Borough Council

Wexford

34,223.66

2010

Playgrounds Scheme

St Joseph’s Club Community Centre

Wexford

€17,100

2011

Sports Capital Top-Up

North End United AFC

Wexford

€20,240

2011

Sports Capital Top-Up

North End United AFC

Wexford

€28,245

2011

Sports Capital Top-Up

St. Joseph’s Club Community Centre

Wexford

€900

2011

Sports Capital Top-Up

North End United AFC

Wexford

€2,814

2011

Sports Capital Top-Up

Total

€316,898.33

Question No. 36 answered with Question No. 32.

Local Authority Charges

Jim Daly

Ceist:

37 Deputy Jim Daly asked the Minister for the Environment, Community and Local Government his views on ordering a Ministerial directive to the management of local authorities to allow them to have a certain amount of discretion in relation to the collection of commercial rates and in particular the element of arrears incurred by previous tenants, which is making it very difficult to rent premises to new tenants. [30243/11]

Seán Crowe

Ceist:

43 Deputy Seán Crowe asked the Minister for the Environment, Community and Local Government his plans to review the commercial rates system. [30319/11]

I propose to take Questions Nos. 37 and 43 together.

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority. The Annual Rate on Valuation (ARV), which is applied to the valuation of each property, determined by the Valuation Office, to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function of a local authority.

The Commissioner of Valuation, who has sole responsibility for all valuation matters, is conducting a programme of revaluation of all commercial and industrial properties throughout the State on a county by county basis. The purpose of the revaluation process is to update commercial valuations which will assist in providing a more equitable distribution of rates across those liable to pay rates.

Local authorities have been asked to exercise restraint in setting the Annual Rate on Valuation (ARV) in this and previous years and they have responded positively in this regard. Local authorities are also facilitating payment of commercial rates by instalments including by direct debit.

Under the legislation the person liable for payment of rates is the person in occupation of a rateable property on the date of the making of the rate by the relevant local authority. The owner rather than the occupier may be liable for commercial rates if the property in question is unoccupied on the date of the making of the rate. Should a person's occupancy commence after the date of the making of the rate then that person is not primarily liable for rates for that year. However, as a subsequent occupier, that person can be held liable for up to two years arrears of rates if they cannot be recovered from the person with whom the primary liability lies.

I recognise that these are difficult economic times for many businesses and I will continue to keep all matters relating to rates under regular consideration in my Department.

EU Funding

Denis Naughten

Ceist:

38 Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government the progress made to date on addressing the issue of funding food projects under the Leader programme; the discussions he has had with the Department of Agriculture, Food and the Marine and the European Commission; and if he will make a statement on the matter. [30248/11]

I refer to the reply to Questions Nos. 350 and 323 of 18 October 2011.

The Rural Development Programme 2007-2013 (RDP) is divided into 4 Axes. Axis 1 deals with competitiveness of the agricultural sector, Axis 2 aims to improve the countryside and environment and the objectives of Axis 3 are to support the diversification of the rural economy and improve the quality of life in rural areas. Axis 4 or the LEADER Axis provides support for the use of a "bottom up" approach to development which ensures that local people are involved in the decision making thereby facilitating sustainable development in a more inclusive way. In Ireland the LEADER approach is used to implement Axis 3 measures.

A significant number of projects funded under the previous LEADER+ programme (2000-2006) and under the Diversification and Business Creation measures of the current RDP involve support for enterprise initiatives that add value to agri-food products. Basic Agricultural products are listed in Annex 1 to the EC Treaty and are commonly called Annex 1 products. Under the main Rural Development Regulation 1698/2005 support/grant aid for adding value to Annex 1 products is facilitated under Axis 1 of the programme. At the start of this year Ireland was notified by the European Commission that support/grant aid for adding value to agri-food products is not eligible under Axis 3 but rather under Axis 1 as detailed in the regulation. As a result of this, grant aid under Axis 3 of the RDP for this type of activity is currently suspended.

A significant part of enterprise activity in rural areas focuses on food and food- related businesses and the continued provision of support for these businesses is critical as we look to ways to generate employment in rural Ireland. My Department is aware of the seriousness of this issue and is continuing to work with the Department of Agriculture, Fisheries and Food to seek a solution as soon as possible. I am not in a position to make any decisions regarding additional funds for the types of project referred to at this time. Any such decisions will be made in the context of the overall budgetary situation in due course.

Question No. 39 answered with Question No. 29.

Departmental Expenditure

Pearse Doherty

Ceist:

40 Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the cuts he has recommended to the Department of Finance in relation to housing. [30401/11]

The financial provision for housing next year will be determined in the context of the 2012 Estimates process.

The Estimates process itself will be informed by the Comprehensive Review of Expenditure (CRE) which the Government is undertaking. The objective of this exercise is to measure the effectiveness of specific programmes having regard to their intended objectives, value for money considerations, and contribution to economic recovery. As part of the process, my Department has made a submission to the Department of Public Expenditure and Reform. Departmental submissions made in the context of the CRE are a central part of the overall pre-budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget.

In allocating the resources available to me as Minister for Housing and Planning I will focus the impact of necessary adjustments on the areas in which there is scope to maintain output through more flexible approaches and where the policy context supports such approaches, and will continue to direct available capital resources substantially towards the most vulnerable and disadvantaged.

Mortgage Arrears

Bernard J. Durkan

Ceist:

41 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which housing loan arrears or the potential for difficulty meeting repayments in respect of shared ownership loans has been examined by him; if he has had any discussions with the various local authorities with a view to working out a formula to address any such issues; and if he will make a statement on the matter. [30410/11]

The Government is acutely conscious of the difficulties many households are facing in terms of mortgage arrears. 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 Budgeting Service are also available to such borrowers and support is available through the Supplementary Welfare Allowance Scheme.Provisions regarding lending by local authorities for the purposes of house purchase are set out in section 11 of the Housing (Miscellaneous Provisions) Act 1992. Where a loan stands in default, section 11(10) provides that a local authority may make such monetary arrangements with a borrower as they consider equitable to take account of the particular circumstances of the borrower.

In addition, my Department issued comprehensive guidance to local authorities on the treatment of mortgage arrears, including local authority mortgages for shared ownership transactions, in March 2010. That guidance was closely based on the Central Bank's first statutory Code of Conduct on Mortgage Arrears 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.

To reflect the content of the Central Bank's revised Code of Conduct — which replaced the previous code from 1 January 2011 and was informed by the deliberations of the Expert Group on Mortgage Arrears and Personal Debt — my Department is currently preparing updated guidance to local authorities in consultation with the City and County Managers Association.

Mortgage interest supplement under the Supplementary Welfare Scheme, administered by the Department of Social Protection, is payable, subject to the qualifying conditions of that scheme, in respect of mortgages under shared ownership transactions, in the same way as in the case of mortgages generally.

Under the Shared Ownership Scheme, further support is available through rent subsidy. This is available to households who have a gross household income of up to €28,000 per annum in the preceding tax year. The level of subsidy ranges between €2,550 for incomes up to €13,000 and €1,050 for incomes up to €28,000.

Departmental Reports

Aengus Ó Snodaigh

Ceist:

42 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the number of recommendations contained in the report of the high level group on green enterprise that are relevant to his Department; and the outstanding recommendations to be implemented. [30314/11]

Of the 55 recommendations contained in the Report of the High Level Group on Green Enterprise, 17 are directly relevant to my Department. Of those, 6 actions have been fully delivered, including the lowering of thresholds for wind farm approvals under the Strategic Infrastructure Act, the implementation of the Food Waste Regulations and the transfer of responsibility for foreshore licensing to my Department.

Significant progress has been made on the other 11 recommendations under the remit of my Department. 3 of these, namely a decision on the future regulatory structure for the waste sector, coordinated regional waste management plans and further efforts to promote composting and anaerobic digestion, are also relevant to the development of a new national waste policy, which is expected to be complete by the end of 2011, and will ultimately contribute to their achievement.

The Group also recommended that efforts be made to develop additional reprocessing capacity for recovered materials, such as paper, glass and plastic. The recently published Irish Recycled Plastics Arisings Study concluded that 70% of plastic goes to landfill and 30% of recycled plastic remains in Ireland for processing. My Department is now considering how best to utilise this data to develop all-island market opportunities.

In terms of water management, the Group recommended that levels of unaccounted for water should be progressively reduced towards best practice, that volumetric treated water charges for domestic users be introduced and that a single water authority be established. In relation to these issues

water conservation measures have been prioritised within the Water Services Investment Programme 2010-2012;

the Programme for Government provides for the introduction of a fair funding model to deliver clean and reliable water and my Department is currently preparing a strategy to implement this proposal; and

the Programme for Government also provides for the establishment of a new, State-owned national water authority to assume responsibility for managing and supervising investment in water services infrastructure; an independent assessment concerning the establishment of such an authority, as provided for in the Memorandum of Understanding between Ireland and the EU/IMF, is under way.

In relation to the Group's recommendation that the monitoring and enforcement of standards in relation to septic tanks be given greater priority, my Department is currently preparing draft legislation which will introduce a registration and inspection system for domestic wastewater treatment systems.

The final 2 recommendations of relevant to my Department concerned Green Public Procurement (GPP). Considerable work has been undertaken on the preparation of a GPP Action Plan and I expect to publish the Plan next month.

The latest progress report on the implementation of the recommendations of the Report of the High Level Group on Green Enterprise is available on the website of the Department of Jobs, Enterprise and Innovation at http://www.djei.ie/publications/trade/2011/Progressreportongreenenterprise.pdf.

Question No. 43 answered with Question No. 37.

Local Authority Housing

Richard Boyd Barrett

Ceist:

44 Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government his views on a voluntary scheme for persons in mortgage arrears to transfer their homes to a local authority and become council tenants. [30409/11]

The Government approved the publication of the Report of the Inter-Departmental Group on Mortgage Arrears on 12 October. In establishing the group, the Government set two core objectives:

To assist those facing real difficulties to remain in their own homes where appropriate, and

To ensure a distinction between those who cannot afford to pay their mortgages and those who choose not to pay their mortgages.

Work is now underway to implement key elements of the report and I will shortly launch two mortgage-to-rent schemes in line with the report's recommendations. These schemes will operate on a pilot basis initially, subject to prompt review ahead of wider roll-out. Under each scheme, households in extreme mortgage distress who are eligible for social housing will be able to remain in their homes as social housing tenants with either the lending institution or a housing association taking ownership of the property. My Department has now begun working with a lender and an approved housing body to make the pilot schemes operational as soon as possible.

Question No. 45 answered with Question No. 29.

Local Authority Charges

Martin Ferris

Ceist:

46 Deputy Martin Ferris asked the Minister for the Environment, Community and Local Government the date on which he will publish his strategy to implement his proposals to impose water charges on households. [30316/11]

The Memorandum of Understanding between Ireland and the EU/IMF includes a commitment to introduce water charges for households. The Programme for Government provides for the introduction of a fair funding model to deliver clean and reliable water. My Department is currently preparing a strategy to implement these proposals and further details will be announced following the Government's consideration of the proposals.

Departmental Bodies

Éamon Ó Cuív

Ceist:

47 Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Foreign Affairs and Trade the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30599/11]

There are four bodies operating under the aegis of my Department. These are: the Ireland-United States Commission for Educational Exchange (the Fulbright Commission); the Development Education Advisory Committee, the Irish Aid Expert Advisory Group, and the Emigrant Services Advisory Committee. These were all in operation prior to February 2011 and none has been abolished. No agencies, bodies, boards or other organisations have been established by the Department of Foreign Affairs and Trade since February 2011.

Tax Yield

Jerry Buttimer

Ceist:

48 Deputy Jerry Buttimer asked the Minister for Finance the number of new category A vehicles sold and registered here from 1993 to 2011; and if he will make a statement on the matter. [30451/11]

Jerry Buttimer

Ceist:

49 Deputy Jerry Buttimer asked the Minister for Finance the total collected in vehicle registration tax receipts from 1993 to 2011 for all category A new vehicles sold and registered here; and if he will make a statement on the matter. [30452/11]

Jerry Buttimer

Ceist:

50 Deputy Jerry Buttimer asked the Minister for Finance the total collected in value added tax receipts from 1993 to 2011 for all category A new vehicles sold and registered here; and if he will make a statement on the matter. [30453/11]

I propose to take Questions Nos. 48 to 50, inclusive, together.

I am informed by the Revenue Commissioners that the number of category A new vehicles registered for Vehicle Registration Tax and the Vehicle Registration Tax receipts from category A new vehicles registered for Vehicle Registration Tax, from 1993 to September 2011 are shown in the Table below.

I am also informed by the Revenue Commissioners that VAT returns do not require the yield from a particular sector or sub-sector of trade to be identified. The figures provided in the Table below for VAT receipts are estimates of the yield of VAT from the sale of all motor vehicles from 1993 to 2010. A corresponding estimate of the figure for 2011 is not yet available.

Year

Gross Registrations

VRT receipts€

VAT receipts€m

1993

64,275

208,837,630

117

1994

80,391

281,017,477

165

1995

87,204

293,460,975

210

1996

115,126

365,973,649

269

1997

136,890

428,776,780

290

1998

146,143

535,641,703

375

1999

174,842

692,268,731

427

2000

231,539

945,141,780

562

2001

165,174

750,652,946

422

2002

156,313

756,336,265

430

2003

145,406

778,528,624

431

2004

154,497

876,657,414

480

2005

171,881

1,028,014,178

559

2006

178,265

1,111,226,068

599

2007

186,841

1,209,323,316

657

2008

151,948

910,372,927

541

2009

57,337

234,395,527

211

2010

89,212

286,880,278

272

2011 (to end Sept.)

87,744

282,000,000

Banking Sector Regulation

Billy Timmins

Ceist:

51 Deputy Billy Timmins asked the Minister for Finance his views on a matter (details supplied) regarding mortgages here; and if he will make a statement on the matter. [30457/11]

I have been advised by the Central Bank that a decision has been taken to require any bank that has received Government capital support to provide an impact analysis of any proposed standard variable mortgage rate increase in terms of the implications for its arrears position and future capital requirements. The Central Bank has also indicated that the Board of Directors of such a bank must, in future, review and approve this analysis to ensure that proper attention is given to the costs of such actions. The Deputy may wish to refer to the address given by Mr Matthew Elderfield, Deputy Governor of the Central Bank to the Association of Compliance Officers in Ireland at University College Cork on 14 October 2011. This can be accessed on the Central Bank's website www.centralbank.ie.

It would not be realistic to expect a lender to fix mortgage interest rates for a period of twenty years. This is because the cost of funds is not fixed for such a long period. Non-recourse mortgages are not a practical solution to the mortgage arrears problem. There are accrued property rights which subsist as a consequence of existing property mortgages; legislation to alter such mortgage contracts could raise constitutional issues. Also the provision of non-recourse mortgages carries a higher level of risk for lenders. This risk would likely be reflected in higher costs to borrowers in the future. The Deputy may also wish to be aware of the recent publication of the Report of the Inter-Departmental Mortgage Arrears Working Group. This report was discussed in the Dail on 18 and 20 October 2011.

Tax Code

Finian McGrath

Ceist:

52 Deputy Finian McGrath asked the Minister for Finance his views on a pension query (details supplied). [30524/11]

The stamp duty levy of 0.6% applies to the market value, on the valuation date, of assets under management in pension funds and pension plans approved under Irish tax legislation. I cannot say what the precise impact of the levy will be on individual funds, schemes or members as this depends on whether and to what extent pension fund trustees and Life Offices decide to pass on the levy to individual members, given the particular circumstances of the pension funds or pension plans that they are responsible for.

I can say that the Finance (No. 2) Act 2011 provisions which introduced the levy include certain safeguards in this area. The payment of the levy is treated as a necessary expense of a scheme and the trustees or insurer, as appropriate, will be entitled where needed to adjust current or prospective benefits payable under a scheme to take account of the levy. However, should the option of reducing scheme benefits be taken, it must essentially be applied in an equitable fashion across the different classes of scheme members that could include active, deferred and retired members. In no case may the reduction in an individual member's or class of member's benefits exceed the member's or class of member's share of the levy.

The Revenue Commissioners are also afforded oversight authority to review, where they consider it appropriate, instances where benefits are adjusted as a result of the payment of the levy to ensure that any such adjustment is in keeping with the requirements of the levy legislation. In undertaking any such review Revenue may consult with appropriate experts as they see fit. However, before Revenue could act in that regard, instances of concern on foot of actual adjustments made would first have to be brought to their attention.

As regards the basis for applying the levy, the levy is a relatively small charge on the significant assets of pension funds, much of which are represented by investments outside of Ireland. As the legislation introducing the levy makes clear, it is for a temporary four year period only and pension funds are being asked to make a contribution to getting the domestic economy moving again over that period. This is a reasonable and targeted tax measure being introduced to fund the various measures set out in the Jobs Initiative. The country is facing an economic and unemployment crisis and the Jobs Initiative will help tackle that crisis and applying a temporary levy to pension funds is less damaging economically than raising other taxes.

Financial Services Regulation

Seán Ó Fearghaíl

Ceist:

53 Deputy Seán Ó Fearghaíl asked the Minister for Finance if his attention has been drawn to the extent to which the registrar of credit unions is directing individual credit unions to appoint a particular firm of auditors, irrespective of the fact that credit unions have processes for the appointment of their own auditors; if he will outline the procedures by which the registrar identifies auditors for appointment by credit unions; if the registrar has conducted a tendering process for audit services; and if he will make a statement on the matter. [30525/11]

Seán Ó Fearghaíl

Ceist:

54 Deputy Seán Ó Fearghaíl asked the Minister for Finance if he will give consideration to the increased cost being imposed upon local credit unions as a result of directions from the registrar of credit unions to appoint a particular firm of auditors; and if he will make a statement on the matter. [30526/11]

I propose to take Questions Nos. 53 and 54 together.

As Minister for Finance, my role is to ensure that the legal framework for credit unions is appropriate for the effective operation and supervision of credit unions. The Registrar of Credit Unions at the Central Bank of Ireland is responsible for the regulation of credit unions and is independent in the exercise of his duties. As Minister for Finance, I have no function in relation to the appointment of auditors by credit unions. The issue raised by the Deputy is a regulatory matter. I have consulted with the Registrar who advises as follows.

The position regarding appointment of external auditors in credit unions is set out in Part VII of the Credit Union Act 1997. The members of a credit union elect the auditor at the AGM. The Central Bank is not involved in the appointment process and any procedural matters including tendering, engagement, fees, etc., are a matter for the credit union concerned.

However, Section 113(9) provides that where the Central Bank is of the opinion that it would not be in the interest of the orderly and proper regulation of the business of a credit union or its members' interests, it may by notice in writing order the credit union not to elect or re-elect to the office of auditor, or the directors not to fill a casual vacancy in that office with, a named person. The only circumstance where the Registrar of Credit Unions has powers to appoint an external auditor is when the membership fails to elect an auditor at the Annual General Meeting (AGM).

Departmental Bodies

Éamon Ó Cuív

Ceist:

55 Deputy Éamon Ó Cuív asked the Minister for Finance the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30598/11]

In the period since February 2011 three bodies have been established under the aegis of my Department. Details in respect of these bodies are as follows.

The Commission on Credit Unions The Commission on Credit Unions was established by the Government on 31 May 2011. Its purpose is to review the future of the credit union movement and make recommendations in relation to the most effective regulatory structure for credit unions, taking into account their not-for-profit mandate, their volunteer ethos and community focus, while paying due regard to the need to fully protect depositors savings and financial stability.

Irish Fiscal Advisory Council The Government decided at the end of June 2011 to establish the Irish Fiscal Advisory Council on an administrative basis. Provision to establish it on a statutory basis will be made in the Fiscal Responsibility Bill. The Council will assess and report on the appropriateness and soundness of the Government’s macroeconomic projections, budgetary projections and fiscal stance.

NewERA and the Strategic Investment Fund On 29th September 2011 I as Minister for Finance, together with the Minister for Public Expenditure and Reform , Brendan Howlin T.D. and the Minister of State for NewERA, Fergus O’Dowd T.D., announced the establishment of NewERA and the Strategic Investment Fund under the National Treasury Management Agency (NTMA). NewERA has been established on a non-statutory basis as a Shareholder Executive within the NTMA and its operation will be overseen by the Cabinet Committee on Economic Infrastructure.

No bodies under the aegis of my Department were abolished in the period since February 2011.

Tax Collection

Eric J. Byrne

Ceist:

56 Deputy Eric Byrne asked the Minister for Finance if he will make an exception in the case of overpaid taxes in 2005 and 2006 due to an error by pensions payroll and order for the refund of the moneys paid by a now deceased person (details supplied) to their widow; and if he will make a statement on the matter. [30612/11]

I am advised by the Revenue Commissioners that as the claim for repayment of tax was outside the time limit as prescribed by Section 865, subsections (4) (a) Taxes Consolidation Act 1997 no refund can be made to the person in question. Due to the express nature of the Four Year Rule prescribed by statute and there being no provisions permitting a derogation by way of waiver/relaxation therefore it is outside the remit of the Revenue Commissioners to allow the claim for refund of tax.

Banking Sector Regulation

Michael Healy-Rae

Ceist:

57 Deputy Michael Healy-Rae asked the Minister for Finance his views on the fact that he is engaged in a highly significant financial inclusion strategy and the Irish Postmasters Union has called for post offices to offer current accounts to its existing and future customers at a time when the banking system here is in crisis and a major overhaul is under way; and if he will make a statement on the matter. [30633/11]

A draft report setting out the Strategy for Financial Inclusion was published on my Department's website in June of this year. The strategy was drafted following a review undertaken by the Social Finance Foundation on my behalf, to identify recommended actions to achieve a substantial reduction in financial exclusion over a 3-5 year period — including the introduction of basic payment accounts on a pilot basis in 2012. It is noted in the report that the post office network has the potential to play a key role in the delivery of basic payment accounts. My department has reviewed the submissions received on the report and is assessing the best approach to implementation of the strategy. Any financial products which are offered by the post office network are a matter firstly for An Post. However, I will examine any proposals An Post may have which relate to the role the post offices might play in the restructured banking landscape.

Special Educational Needs

Terence Flanagan

Ceist:

58 Deputy Terence Flanagan asked the Minister for Education and Skills, further to Parliamentary Question No. 121 of 11 October 2011, if he will pay home tuition funding until a place becomes available (details supplied); and if he will make a statement on the matter. [30518/11]

As previously outlined to the Deputy home tuition was approved for the child in question from the start of the school year until the 14th October 2011 for the purpose of completing the enrolment process. The school authorities concerned have advised that the child has been enrolled and my officials will now liaise further with the school to determine the appropriate extension of home tuition that is required to facilitate his transition to school. The child's parents had previously been advised that the tuition could be extended to facilitate this transition and details of the period agreed in this context will issue to them later this week.

Higher Education Grants

Dara Calleary

Ceist:

59 Deputy Dara Calleary asked the Minister for Education and Skills if he will reassess the application for a third level student grant in respect of a person (details supplied) in County Donegal who was unable to sit examinations due to an injury and must now repeat their year at college. [30543/11]

The processing of student grants is carried out by local grant awarding authorities — VECs and local authorities. In this case, the student in question should apply to his grant awarding authority for an assessment of his eligibility for a repeat period of study. However, grants for repeat periods of study are only allowed in exceptional circumstances, which may include medical grounds.

Special Educational Needs

Noel Harrington

Ceist:

60 Deputy Noel Harrington asked the Minister for Education and Skills if he will restore the teaching posts to a school (details supplied) in County Cork in view of the special circumstances; if he will include this school in the review of the allocation of additional special needs assistants from those held in reserve; and if he will make a statement on the matter. [30571/11]

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 teaching staff and Special Needs Assistants (SNAs) to special schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support, which now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts.

As set out in my Department's Circular 0042/2011, in order for the NCSE to complete the processing of applications for mainstream schools in the first instance, the existing 2010/11 level of SNA supports have been maintained in special schools for the coming school year, other than for schools with declining enrolments, with a review to take place in Autumn of the 11/12 school year. The school referred to by the Deputy has therefore not received a reduction in its SNA staff levels over those applying at the end of the last school year. The review of SNA support at special schools is currently ongoing and I understand that the review of SNA provision at the school referred to by the Deputy will take place in the coming weeks.

In relation to teaching posts, Circular 0042/11 states that there are a small number of special schools which have significant excess teacher posts and that the NCSE may therefore contact such schools to review the individual circumstances in these schools. The Circular indicated that the NCSE may suppress a post in schools which have excess teaching posts in order to create a post in a school which does not have excess posts and which has growing pupil numbers.

The special school referred to by the Deputy caters for pupils with severe/profound disability and ASD. The correct teacher allocation ratio for schools catering for children with severe and profound disability is 6:1. In 2010/11 the school had 7 approved class teaching posts, 3 surplus teaching posts and 28 SNAs. The enrolment is 38 pupils, including the 9 new children enrolled for September 2011. One of the surplus teachers retired at the end of the last school year and the school is not eligible for a replacement. A further surplus post has been withdrawn leaving the school with 1 surplus post above recommended staffing allocation levels.

It is the position of both my Department and the NCSE that given the exceptionally high levels of teaching and support staff which have been allocated to the school, that notwithstanding the outcome of any review, that the school has sufficient support within its overall allocation to enable it to provide for the teaching and care support requirements of all of the children enrolled to the school.

Joanna Tuffy

Ceist:

61 Deputy Joanna Tuffy asked the Minister for Education and Skills when a full-time special needs assistant will be provided in respect of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [30577/11]

The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts.

The school referred to by the Deputy has an allocation of 1 SNA post and 11.25 Resource Teaching Hours. I wish to clarify that the recruitment and deployment of SNAs within schools are matters for the individual Principal/Board of Management. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised. It is considered that, with equitable and careful management and distribution of these resources, there should be sufficient posts to provide access to SNA support for all children who require such care support to attend school, in accordance with Departmental criteria.

The NCSE has now advised all mainstream schools, including the school referred to by the Deputy, of their SNA allocation for the current school year, taking into account the care needs of qualifying pupils attending the school. The NCSE has recently published statistical information in relation to the allocation of Special Needs Assistant posts and resource teaching hours to Primary Special and Post Primary Schools. The information is provided on a county by county and school by school basis on its website at www.ncse.ie.

The NCSE also has a retained capacity to respond to emergency cases, or where additional care needs arise for schools as a result of new school enrolments, injuries or diagnoses, during the school year, in the context of existing SNA provision in the school. The NCSE will advise schools early in the near future of a process to review allocation decisions to ensure that correct procedures were followed and that they comply with my Department's policy. The merits of individual allocation decisions will not be open to appeal under this mechanism. It will be expected that schools, before requesting a review, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect.

Physical Education Facilities

Seán Kenny

Ceist:

62 Deputy Seán Kenny asked the Minister for Education and Skills if he will make a grant available for the installation of a soft surface playground for a school (details supplied) in Dublin 13. [30590/11]

My Department has no record of having received an application for the installation of a soft surface playground at the school to which the Deputy refers. Any application received will be considered in the context of the funding available and having regard to other competing demands on the Department's capital budget.

Departmental Bodies

Éamon Ó Cuív

Ceist:

63 Deputy Éamon Ó Cuív asked the Minister for Education and Skills the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30596/11]

The inaugural Student Grants Appeals Board was established on the 19th of September, 2011. This Appeals Board was established pursuant to the provisions of the Student Support Act 2011 and it will be independent in the performance of its functions. Its establishment will allow students that have applied for a grant under the 2011/12 student grant scheme and subsequent schemes to have any appeals determined by the Board. The Board comprises a Chairperson and six ordinary members.

From September 2011, the National Centre for Technology in Education (NCTE) will no longer be an aegis body of the Department. It will come within the remit of Dublin West Education Centre alongside the Department's largest support service, the Professional Development Service for Teachers (PDST). The process of integrating the functions of the NCTE with the support services and with the National Council for Curriculum and Assessment (NCCA) is underway. The new configuration will ensure greater integration of ICT within teaching and learning both in terms of policy and practice and will deliver synergies in this regard.

As the Deputy may be aware work is also ongoing in my Department with regard to:

the amalgamation of the Higher Education and Training Awards Council, the Further Education and Training Awards Council and the National Qualifications Authority of Ireland. The new agency will be known as the Qualifications and Quality Assurance Authority of Ireland (QQAAI).

the establishment of a new further education and training authority to be called SOLAS (Seirbhísí Oideachais Leanúnaigh agus Scileanna) SOLAS and the disbandment of FÁS.

the restructuring of the VECs.

Departmental Funding

Seán Ó Fearghaíl

Ceist:

64 Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills if he has received complaints regarding the operation of a centre (details supplied); if he will disclose the nature and origin of any such complaint; and if he will make a statement on the matter. [30611/11]

Seán Ó Fearghaíl

Ceist:

72 Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills if he has received a request for funding from a centre (details supplied); when a decision will be made in respect of any such application; and if he will make a statement on the matter. [30727/11]

I propose to take Questions Nos. 64 and 72 together.

My Department has not received any complaints regarding the operation of the centre referred to by the Deputy. I understand that a request for funding for this centre under the Co-operation Hours Scheme for the current school year and just recently received in my Department has now been processed. Kildare VEC has been notified in this regard.

Teaching Qualifications

Charlie McConalogue

Ceist:

65 Deputy Charlie McConalogue asked the Minister for Education and Skills if his attention has been drawn to any proposals to change the current professional diploma in education courses from NFQ level 9 to NFQ level 8; the repercussions any such change would have for the employment potential of graduates outside Ireland as well as their pay scales within the country; the steps he will take to prevent any plans to reduce PDE courses to level eight; and if he will make a statement on the matter. [30623/11]

Following detailed consultation between the Irish universities and the National Qualifications Authority of Ireland in the context of the ongoing process of implementing the National Framework of Qualifications (NFQ), the universities have agreed that the initial post-primary teaching qualification, hitherto known as the Higher Diploma in Education and latterly as the Graduate or Postgraduate Diploma in Education, is to be formally included in the NFQ at Level 8 with immediate effect.

As a result of the decision to include the initial post-primary teaching qualification at NFQ Level 8, the title ‘Postgraduate/Graduate Diploma in Education' will be replaced with the new title ‘Professional Diploma in Education' to avoid confusion with any Level 9 award type. All qualification titles used prior to 2011 (i.e. legacy titles) are also included in the NFQ at Level 8.

There is no effect on pay scales within Ireland. The qualification will continue to be recognised by other countries in accordance with their policies and procedures.

Third Level Expenditure

Michael McCarthy

Ceist:

66 Deputy Michael McCarthy asked the Minister for Education and Skills, in respect of the seven universities here, the total amount spent by each on room hire in 2010 and 2011; a list of rooms hired by each university in both years, stipulating location, purpose of hire, and the total price in tabular form; and if he will make a statement on the matter. [30654/11]

Michael McCarthy

Ceist:

67 Deputy Michael McCarthy asked the Minister for Education and Skills, in respect of the State’s seven universities, the total amount spent on taxi hire in 2010 and 2011; the amount spent by each university in each year; and if he will make a statement on the matter. [30655/11]

Michael McCarthy

Ceist:

68 Deputy Michael McCarthy asked the Minister for Education and Skills if he will confirm the total amount spent on legal fees in 2009 and 2010 by the State’s seven universities, specifying the amount spent by each university in each year; and if he will make a statement on the matter. [30664/11]

Michael McCarthy

Ceist:

70 Deputy Michael McCarthy asked the Minister for Education and Skills, in respect of the State’s seven universities, the total cost of engaging agency staff in 2009 and 2010 separately, specifying the cost in relation to agency staff in academic and support units separately; if he will provide a breakdown of the amount spent by each university on agency staff in each year; the nature of the agency staff arrangement within the university system here; and if he will make a statement on the matter. [30668/11]

I propose to take Questions Nos. 66 to 68, inclusive, and 70 together.

All of the information sought by the Deputy is not readily available in the Universities; however, the Higher Education Authority has contacted them seeking an early reply and I will forward the available data to you as soon as possible.

Residential Institutions Redress Scheme

Michael Healy-Rae

Ceist:

69 Deputy Michael Healy-Rae asked the Minister for Education and Skills his views on a matter (details supplied) regarding young survivors; and if he will make a statement on the matter. [30665/11]

The Government is proceeding with the drafting of the Residential Institutions Statutory Fund Bill on the basis of the General Scheme prepared by my Department. These proposals followed extensive consultations with survivors of residential abuse and the groups which support them, together with a public consultation process. The General Scheme, together with a copy of a Report on the Consultation Process is available on my Department's website. I intend to introduce the legislation in the Autumn with a view to having it enacted by the end of the year. While some former residents advocate a simple distribution of the available money, I believe that the Fund should target resources at services to support former residents' needs. To that end, the General Scheme provides for approved services to include, counselling, psychological support services and mental health services together with such health and personal social services, educational services and housing services as the Fund may determine. Further services can be prescribed as appropriate.

The Statutory Fund will focus solely on victims of residential institutional abuse, with eligibility being confined to those who received an award from the Redress Board or an award following a court decision or settlement who would otherwise have received an award from the Redress Board. Over 13,000 victims have received awards from the Redress Board to date. I am satisfied that it is the correct approach, with the focus of the Statutory Fund being on those former residents who have successfully completed the redress process.

The Government intends that some €110 million will be available to the Fund, this being essentially the cash portion of offers made by religious congregations in the aftermath of the publication of the Ryan Report. To date, €21.05 million of these cash contributions have been received and placed in a special interest bearing account in the Central Bank pending the establishment of the Statutory Fund.

Funding for the Education Finance Board, which was established on a statutory basis in 2006, has been provided from the €12.7 million contribution provided by the religious congregations under the 2002 Indemnity Agreement specifically earmarked for educational support for former residents and their families. Prior to its establishment, grants were paid to eligible applicants under an administrative scheme. At the end of 2010 the total funds available to the Board was €3.649 million approximately with the Board estimating that the remaining funds would be committed prior to the end of 2011 or shortly thereafter. As noted in the Board's 2010 Annual Report, it has been the Board's policy to estimate the costs to completion of the course and to reserve the amount of these future costs or the balance of the persons overall grant limit whichever is the lower. If all such commitments at 31 December, 2010 were to be realized, the remaining funds available to the Board for new applications would be reduced by an additional amount in the order of €1.358 million.

Under the terms of the proposed Residential Institutions Statutory Fund Bill, the Education Finance Board will be dissolved and its staff will transfer to the Statutory Fund, which will assume its functions in relation to the remaining moneys available to the Board. When the remaining moneys fall below €0.1m, the Minister will direct the National Treasury Management Agency to close the relevant account and transfer the remaining balance to the Statutory Fund and the Fund's functions in relation to the Education Finance Board provisions will be terminated.

Question No. 70 answered with Question No. 66.

School Books

Brendan Griffin

Ceist:

71 Deputy Brendan Griffin asked the Minister for Education and Skills his views on a matter regarding school books (details supplied); and if he will make a statement on the matter. [30720/11]

I have held meetings with educational book publishers, representatives of parents' organisations and the Society of St Vincent de Paul regarding the cost of school textbooks.

The following publishers were represented at the meeting with me on 10 October 2011: CJ Fallon, Forum Publications, Educational Company of Ireland, Gill and McMillan, Mentor Books, Educate.ie, An Gúm and Folens.

All of the publishers present stated that they were committed to the code of practice where publishers undertook not to publish new or revised editions of textbooks for six years, except in the context of significant change to the curriculum or examinations. Publishers also said they were willing to make minor updates available online in the future.

Publishers stated that they would allow discount rates for bulk buying to schools, which would support the introduction of book rental or loan schemes in schools. I understand and accept that independent book sellers also make discounts available to schools that make bulk purchases of textbooks.

I requested publishers not to print workbook style material within textbooks as this rendered loan or rental schemes impracticable. The publishers undertook to bear the my concerns in mind in the development of any new publications.

In relation to Junior Cycle reform, I indicated that reform was in the process of being finalised. I stated that I intended to communicate clearly with publishers on the implementation of the reform and to provide adequate notice of curricular changes. The publishers welcomed my intention to treat them as important stakeholders in discussions of implementation of reform.

I recognise that educational publishers are independent commercial companies who compete in an open market for the sale of their textbooks. I recognise that I cannot interfere in the matter of price setting but have sought assurances from publishers they will facilitate schools that wish to purchase bulk stock for the operation of rental schemes. I am pleased to have received this assurance.

I am very satisfied with the progress made in my two meetings with publishers and I welcome their positive and proactive approach to co-operating with me in reducing the cost of textbooks to students and families. My Department is undertaking a survey of schools to establish the current situation regarding school book rental and loan schemes so that I can consider how I might incentivise the introduction of book loan or rental schemes.

I have invited the National Parents Councils at primary and post-primary levels to provide me with examples of good practice of book rental schemes. My Department is currently preparing guidelines for schools on best practice in the operation of such schemes.

Question No. 72 answered with Question No. 64.

Public Procurement

Michael Healy-Rae

Ceist:

73 Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if he will review a matter (details supplied) regarding tendering; and if he will make a statement on the matter. [30510/11]

I am very aware that public procurement can be an important source of business for local enterprises. In general, SMEs' flexibility and ability to respond speedily to requirements can be advantageous in competing for local contracts. Current guidelines from my Department require public bodies to promote participation of small and medium-sized enterprises in the award of public contracts.

The guidelines set out positive measures that contracting authorities are to take to promote SME involvement in a manner that is consistent with the principles and rules of the existing public procurement regulatory regime. The guidance also highlights practices that are to be avoided because they can unjustifiably hinder small businesses in competing for public contracts. The key provisions of the guidance include:

supplies and general services contracts with an estimated value of €25,000 or more to be advertised on the www.etenders.gov.ie website;

less use of "restrictive" tendering procedures and greater use of "open" tendering;

ensuring that the levels set by contracting authorities for suitability criteria are justified and proportionate to the needs of the contract;

sub-dividing larger requirements into lots where this is practical and can be done without compromising efficiency and value for money;

the needs and possibilities for small businesses to compete and supply to be taken into account when setting up panels / framework arrangements;

encouragement of small companies to combine with others to make a joint bid for a contract that they might not be in a position to perform on their own.

Public contracts above a certain value must be advertised EU wide and awarded to the most competitive tender in an open and objective process. The aim is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. It would be a breach of the rules for a public body to favour or discriminate against particular candidates on grounds of nationality and there are legal remedies which may be used against any public body infringing these rules.

The Government will continue to review the situation in regard to SME participation in public procurement and where consistent with achieving value-for-money, probity and transparency, will seek to address any further issues that might be identified.

State Agencies

Emmet Stagg

Ceist:

74 Deputy Emmet Stagg asked the Minister for Public Expenditure and Reform if it is still intended to amalgamate the Ordnance Survey, Land Registry and Valuation Office into one body; and the timeframe for same. [30519/11]

The priorities set out in the Programme for Government for the rationalisation of State Agencies states that rationalisation must be cost effective and lead to a more transparent, accountable and efficient public service. The overriding imperative is the absolute requirement to achieve major savings in all areas of expenditure and to reduce staff numbers and administrative overheads. This underscores the need for radical streamlining of bodies, abolishing those bodies whose remit is no longer essential and amalgamation of other agencies or sharing of services between bodies, so that public services and functions can be delivered more cost-effectively.

The question of rationalisation and the reduction in the number of State bodies including Ordnance Survey Ireland, the Valuation Office and the Property Registration Authority is being considered in the context of the Comprehensive Review of Expenditure and the overall budgetary and estimates process for 2012, and decisions on such matters will be made by the Government over the coming weeks.

Departmental Staff

Brendan Griffin

Ceist:

75 Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the position regarding a transfer in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [30536/11]

The person in question is an employee of the Office of Public Works who has sought a transfer away from his current work location in County Kerry. At present operational imperatives dictate that this request can not be accommodated. However, should there be any future alteration in operational circumstances, then the employee's transfer request will be reconsidered.

Freedom of Information

Finian McGrath

Ceist:

76 Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if he will repeal the Freedom of Information Act 2003, which modified the original Act of 1997, as an interim measure until the new Act is ready. [30540/11]

My Department is currently undertaking the necessary preparatory work to give effect to the commitments in the Programme for Government in relation to the restoration and extension of the FOI Act. I expect to be in a position to introduce the necessary legislation to give effect to these commitments in the New Year. As early progress is expected in relation to this commitment which is being prioritised by my Department there is no requirement for the interim legislation proposed by the Deputy.

National Monuments

Sandra McLellan

Ceist:

77 Deputy Sandra McLellan asked the Minister for Public Expenditure and Reform the steps he has taken to ensure that all national monuments are publicly accessible; and if he will make a statement on the matter. [29864/11]

The Heritage Service of the Office of Public Works (OPW) is responsible for the conservation, care and management of approximately 780 National Monuments that are in State ownership or guardianship. Of these, some 50 are presented to the public by way of a dedicated guide service. Many of the monuments are open year round while others open on a seasonal basis. These can be visited by prior arrangement or by contacting an OPW appointed key holder. Many other National Monuments that do not have a guide service are freely accessible to the public. Some monuments, however, are situated on privately owned land and do not have public right of access unless with the permission of the landowner. A number of monuments may be closed for a period for the purposes of conservation works. It is the policy of the OPW to ensure that as many of the monuments under its care are accessible to the public. A recent initiative to offer free access on one day each month to all monuments at which a charge normally applies has raised public awareness of these sites and has resulted in a significant increase in visitor numbers.

Departmental Bodies

Éamon Ó Cuív

Ceist:

78 Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30603/11]

In response to the Deputy's question, no bodies have been established or abolished by my Department since February 2011.

Flood Defences

Timmy Dooley

Ceist:

79 Deputy Timmy Dooley asked the Minister for Public Expenditure and Reform if he will clarify the situation in relation to his involvement with the Dublin City Council flood defence scheme at Clontarf, Dublin 3; when the Office of Public Works was first involved in this; if a summary of the situation will be given; if the OPW advised that the height of the defence scheme should be increased above the 1.2 metres agreed at local level; if the OPW offered advice or suggestions on the design of the proposed defences or if that was purely in the hands of Dublin City Council; the overall role of the OPW with major local authorities; if it has a role at every stage of the process or is merely a funding agency; if he will confirm the overall funding for flood defence this year; the amount Dublin City Council has been allocated for the Clontarf project; the spending profile for the project; if the various flood prevention measures can be outlined in relation to projects done in the past few years; and if the range of different measures can be specified with a specific example of each (details supplied). [30607/11]

The Clontarf seafront area was identified as one of the areas most at risk of flooding in the Dublin Coastal Flood Protection Project study completed in 2005 by international expert consultants Royal Haskoning, which was commissioned by Dublin City Council and partly funded by the Office of Public Works. Following the completion of that Study, Dublin City Council appointed Royal Haskoning to design a flood relief scheme for the area. In August 2006 to Dublin City Council's Environmental Consultants for the scheme, OPW provided information on the standards and allowances to be considered in the design process to provide the appropriate level of protection.indicated that, in determining the height of the flood defences, the normal design standards for coastal and tidal flood defences along with the freeboard and Climate Change allowance should be used.

Dublin City Council then proceeded to design the scheme and it was progressed through the planning process. The Environmental Impact Statement and the Project were subsequently approved by An Bord Pleanála in 2008.

Although the scheme was being advanced by the City Council, OPW was asked to provide funding towards the costs of the design, which it subsequently did, with a total of €852,000 being provided between December 2007 and November 2010.

After receiving approval for the scheme from An Bord Pleanála, Dublin City Council decided to advance the scheme as part of the North City Watermain Project. The procurement process for the overall project, which includes the North City Water Supply Scheme Phases 1 & 2 and the flood defence works, was progressed as one contract for reasons of efficiency and economies of costs. OPW agreed in principle to provide the funding for the flood defence aspects of the works which were calculated as approximately 46% of the overall costs.

OPW has a large number of flood relief schemes at various stages of design and construction throughout the country. These are normally procured and managed directly by OPW under the Arterial Drainage Acts in partnership with the relevant local authority. In some cases, the local authority, rather than the OPW, acts as the contracting authority. Under this approach, the local authority commissions the design of the scheme, procures the contractors and monitors progress and in doing so, uses the normal planning process, with funding being provided by OPW. In addition to major flood relief schemes, OPW developed the Minor Works Scheme in 2009, which is ongoing and which allows local authorities to make submissions to OPW for funding of localised flood mitigation works and studies with a maximum limit of €500,000 in each case.

The contracting authority for the Clontarf scheme is Dublin City Council. OPW's role is mainly that of funder and ensuring that appropriate standards of flood defence are provided. Clontarf is the first major coastal flood defence scheme which OPW has been involved with, but the flood defence measures proposed by DCC to be implemented in Clontarf are typical measures which OPW itself would normally include in its fluvial flood relief schemes. These include construction of wall and earthen embankments which, for example, form part of OPW schemes for the Rivers Tolka and Dodder in Dublin City, Clonmel, Co Tipperary and Mallow and Fermoy, Co Cork. Demountable defences are features of the schemes in Clonmel, Mallow and Fermoy, while a glass wall has been used in sections of the Waterford City scheme, which is being undertaken directly by Waterford City Council with funding from OPW.

The City Council has designed the scheme in Clontarf in such a way that incorporates the use of landscaping rather than extensive wall construction, which is designed to minimise impact while providing the appropriate level of flood protection.

In response to concerns raised from residents and members of the business community in the last few weeks, Dublin City Council made a presentation to a special meeting of Councillors of the North Central Area Committee last week. At that meeting, the Council agreed to arrange meetings with the residents with a further Area Committee to take place on the 7 November. OPW had a member of staff at the meeting who explained that the rationale for OPW providing funding for the scheme is based on the scheme being cost beneficial and that it would conform to the normal standards applying to such coastal schemes. OPW awaits the outcome of the further consultation process.

OPW received an allocation of €41Million in 2011 for flood relief activities plus a carryover of €4 million from 2010 bringing to €45 million the total available this year. €2 million was included in this year's allocation for the advancement of the Clontarf scheme. No definitive guarantees can be given regarding funding in 2012 for the Clontarf scheme. Much will depend on the outcome of the Government's Review of Expenditure, which is expected to be completed by end-October. Other demands for funding for other priority schemes could also impact on the availability of funding for the Clontarf scheme.

Aodhán Ó Ríordáin

Ceist:

80 Deputy Aodhán Ó Ríordáin asked the Minister for Public Expenditure and Reform if he will ring-fence the funding for the proposed Clontarf flood defences to allow for a more comprehensive consultation process to take place with stakeholders; and if he will make a statement on the matter. [30721/11]

A provision of €2 million was included for the advancement of the Clontarf scheme in the OPW's 2011 allocation for flood mitigation measures. No definitive guarantees can be given regarding funding in 2012 for the Clontarf scheme. The availability of funding for the scheme will depend on the outcome of the Government's Review of Expenditure, which is expected to be completed by the end of this month, and on demands for funding for other priority schemes.

Departmental Agencies

Anthony Lawlor

Ceist:

81 Deputy Anthony Lawlor asked the Minister for Jobs, Enterprise and Innovation the development cost of the National Consumer Agency’s Economiser website page and the number of unique visitors to the site per month since its establishment. [30533/11]

The Deputy's question relates to the development and operation of certain elements of the National Consumer Agency's website. These are operational matters for the Agency itself in respect of which I have no direct function. Accordingly, I have referred the Deputy's question to the Agency for direct reply.

Work Permits

John Lyons

Ceist:

82 Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation the position regarding a work permit in respect of a person (details supplied) in Dublin 9; and if he will expedite a decision on same. [30549/11]

My Department processes applications in respect of the different types of employment permits and all applications are processed in line with the Employment Permits Act 2006.

I wish to advise the Deputy that my Department has no record of an application in this case.

Enterprise Support Services

Brendan Griffin

Ceist:

83 Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation the position regarding a facility (details supplied) in County Kerry; and if he will make a statement on the matter. [30552/11]

Aetna will not cease operations in Castleisland until December this year and the facility will be in use up to this time. It is IDA's understanding that the Company has not expressly decided to give the facility to a statutory body or local authority and that it is still evaluating options but is most likely to seek to sell the site.

Since the announcement by Aetna of their decision to close their site at Castleisland, IDA Ireland has worked closely with the company to develop a prospectus setting out the skills and capabilities of the workforce and a profile of the facility at Castleisland. Using the prospectus IDA is marketing the site to potential prospects throughout IDA's global overseas network and all of IDA's operations divisions. While there has been some initial expressions of interest, engagement is still on-going to attract interest from genuine parties for alternative employment opportunities for the Castleisland site.

IDA Ireland's Strategy for County Kerry is:—

To work with Local Authorities and relevant infrastructure and service providers to influence the delivery of appropriate infrastructure to the region.

To attract new Investment

To progress the development of a knowledge economy so that the region can compete both nationally and internationally for foreign direct investment;

To work with the existing IDA client base and to help them to further develop their presence;

To provide modern property solutions with supporting infrastructure Shannon Development carries out the property function in North Kerry while IDA Ireland have responsibility for property in South Kerry.

IDA Ireland promotes Kerry as part of an integrated region with access to the county population base of 139,616 as well as the expanded population of both the Mid West and South West Regions with a combined population of 935,039. Based on the strengths of the region IDA is particularly targeting the ICT (including software), International Financial Services and Globally Traded Business sectors.

To support this strategy, IDA Ireland is working closely with educational institutions in the region, in developing the skill sets necessary to attract high value added employment to the county. IDA is also working with FÁS to provide guidance in developing the skill sets needed by those in the workforce who are interested in upskilling.

IDA continues to market all available land and buildings in the County including its 12 acre Business & Technology Park at Tiernaboul, Killarney, Co. Kerry. In Tralee, IDA is also marketing the Kerry Technology Park which is owned and managed by Shannon Development in partnership with the Institute of Technology Tralee.

In addition to attracting new foreign direct investment, IDA continues to work closely with its existing clients in Kerry to encourage them to expand their operations in the county.

Departmental Bodies

Éamon Ó Cuív

Ceist:

84 Deputy Éamon Ó Cuív asked the Minister for Jobs, Enterprise and Innovation the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30601/11]

No State Agencies or other statutory bodies have been created by my Department since February 2011. Although no agencies have yet been formally abolished, plans are under way to do so in a number of cases.

My Department currently has 13 State Agencies supporting us in our work. These are:

1. Enterprise Ireland

2. IDA Ireland

3. Science Foundation Ireland

4. Shannon Development

5. County & City Enterprise Boards (35)

6. National Standards Authority of Ireland

7. InterTradeIreland (the North / South Business Development Body)

8. Forfás

9. National Consumer Agency

10. The Competition Authority

11. Irish Auditing and Accounting Standards Authority

12. Personal Injuries Assessment Board, and

13. The Health & Safety Authority

In relation to Regulatory Agencies and Statutory bodies, my Department is working to effect the merger of the National Consumer Agency (NCA) and the Competition Authority. As work on a review of the operation and implementation of the 2002 Competition Act was well underway, rather than give effect to the amalgamation of the NCA and Competition Authority in a stand-alone piece of legislation, to be followed in due course by legislation to amend, reform and update the 2002 Act, it was decided to introduce a single comprehensive Bill and Government has approved the drafting of the Consumer and Competition Bill in July 2011.

In relation to the Employment Rights and Industrial Relations bodies within my Department's remit, I have announced my intention to streamline the work of five bodies currently dealing with employment disputes in the workplace into a two tier structure. Four of the existing bodies — the Employment Appeals Tribunal, the National Employment Rights Authority, The Labour Relations Commission and the Labour Court — are currently within my remit and one— the Equality Tribunal — is currently within the remit of the Minister for Justice and Equality. I expect this reform and streamlining project to deliver a measurable improvement in the quality of services provided to users of the State's employment rights/industrial relations dispute resolution services and to reduce the cost of accessing such services for both users and to the State. I have announced an ambitious timeline for delivery, including a number of initiatives to be delivered by the end of this year. I have appointed a dedicated Project Team, led by Ger Deering, to drive this reform initiative.

In terms of the Enterprise agencies under my Department's remit, I am currently considering how the policy and research functions of Forfás could be integrated with my Department's resources to further enhance the formulation and development of national enterprise policy.

As agencies operating under the aegis of my Department, the 35 County and City Enterprise Boards (CEBs) support micro-enterprises (employing up to 10 people) in the start-up and expansion phases and also promote economic activity and entrepreneurship in their areas.

Within my Department we are currently seeking to determine the extent to which there should be restructuring of the CEBs, and the nature of that restructuring, having regard to the Programme for Government, and to other recommendations on CEB restructuring, to the need to achieve a rational and focused model for entrepreneurs, as well as the need to ensure that there is targeted local delivery of enterprise support, driven by a national enterprise policy, in a manner which eliminates overlap and duplication.

Companies Registration

Dominic Hannigan

Ceist:

85 Deputy Dominic Hannigan asked the Minister for Jobs, Enterprise and Innovation if any consideration has been given to the idea that a separate section be created in the Companies Registration Office for not-for-profit organisations in order to lower the costs of registering with the CRO and alleviate the administrative burden; and if he will make a statement on the matter. [30667/11]

Not-for-profit organisations that choose to incorporate as companies are treated in the same manner as all other entities that incorporate in this form. They enjoy the benefits of being a company such as separate legal personality and limited liability and also must meet their obligations under the Companies Acts.

It is open to such organisations to avail of other corporate structures or to operate under other forms of legal entity if they consider it appropriate having regard to their own individual circumstances.

Social Welfare Benefits

Anthony Lawlor

Ceist:

86 Deputy Anthony Lawlor asked the Minister for Social Protection the steps in place to ensure that persons who are in receipt of jobseeker’s benefit are actively seeking employment; the measures taken to deal with social welfare recipients who have refused a job offer; and if she will make a statement on the matter. [30448/11]

The jobseeker's schemes provide income support for people who are seeking their first job or have lost work and are seeking alternative employment. A fundamental qualifying condition for both the jobseeker's benefit and jobseeker's allowance is that a person must be available for and genuinely seeking full-time work.

To satisfy this condition, it is necessary for the person to demonstrate that he or she has taken some positive action and is making genuine efforts to secure employment. If a person fails to satisfy this condition his/her claim will be disallowed. In addition, an unreasonable refusal to accept an offer of suitable employment may also lead to a disallowance.

The National Employment Action Plan (NEAP) is the main activation measure for jobseekers and provides for a systematic engagement of the employment services with unemployed people. The NEAP process is a key element in addressing the progression needs of those on the live register. It provides a stimulus to job search and affords an opportunity to explore, under professional guidance, the full range of employment and training services offered by FÁS.

As one pillar of this overall approach, reduced rates were provided for in the Social Welfare Act 2010, which will encourage jobseekers to improve their skills, in order to avoid the risk of becoming long-term unemployed, and help them to progress into sustainable employment on a long-term basis. The intent of the reduced rates is to ensure compliance with the activation processes. Basically, there is a right to a payment but also a matching responsibility on the unemployed person to engage with the system. This, I think, is a reasonable approach from the individual's and the taxpayers' perspective.

The reduced rates applying to personal jobseekers payments, may be implemented where a jobseeker:

i) refuses an appropriate offer of training by an officer of my Department;

ii) refuses, or declines to avail of, an offer of training from FÁS;

iii) declines an intervention under the NEAP;

iv) does not attend NEAP meetings with a FÁS officer;

v) drops out of the NEAP process.

The relevant legislation provides safeguards for the social welfare recipient in terms of the reasonableness of the intervention being offered. In common with many social welfare provisions, the new measures allow for discretion on the part of a deciding officer, as an offer of training, education or employment must be viewed in the context of a person's circumstances. Where a customer has been subject to the reduced rate, the normal rate of payment will be restored from a current date when the person subsequently engages with the NEAP process or takes up offers of training that were made.

The NEAP is central to ongoing development in the labour market policy area and will be progressed within the framework of a new National Employment and Entitlements Service which, as provided for in the Programme f or Government, is being established by the Department. The new service will integrate employment and benefit payment services, currently delivered by FÁS and the Department, respectively, within the Department and will be based on a case management approach with the objective of providing a more customised and personal service to customers.

In line with good international practice, this new service will focus primarily on activation. The objective is to encourage and enable customers to embark on developmental pathways appropriate to their needs; pathways to employment, training and/or personal development. The objective of the new service is to offer users a high level, personalised employment support and prioritise the provision of more intensive support for those on the live register who are identified as being most at risk of long-term unemployment. A key feature of the new service will be that customers will be expected to engage with these options in order to retain their entitlement to full benefit payments. The measures outlined above support this approach.

Social Welfare Appeals

Tom Hayes

Ceist:

87 Deputy Tom Hayes asked the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [30450/11]

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.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department made 9 additional appointments to the office earlier this year.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but he 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.

Caoimhghín Ó Caoláin

Ceist:

88 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection if jobseeker’s allowance will be granted to a person (details supplied) in Dublin 13. [30512/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12 October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Department 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.

Social Welfare Benefits

Jack Wall

Ceist:

89 Deputy Jack Wall asked the Minister for Social Protection when a person (details supplied) in County Kildare will receive their back to school clothing allowance; and if she will make a statement on the matter. [30516/11]

The person concerned was one of the 127,000 households who received an automated back to school clothing and footwear allowance payment in 2011. A cheque payment issued to her on the 24th June 2011.

Money Advice and Budgeting Service

Brendan Griffin

Ceist:

90 Deputy Brendan Griffin asked the Minister for Social Protection the position regarding the establishment of a new facility (details supplied) in County Kerry; and if she will make a statement on the matter. [30517/11]

I refer the Deputy again to my response to question number 240 on the 27th September 2011 and my further response to question number 317 of the 4th October 2011 in this regard. As advised, a proposal to establish a joint Citizens Information Centre (CIC) and Money Advice and Budgeting Service (MABS) office in Killarney is currently being considered by the Citizens Information Board, who has responsibility for MABS on behalf of my Department. The position remains as stated in my previous replies.

Social Welfare Code

Thomas Pringle

Ceist:

91 Deputy Thomas Pringle asked the Minister for Social Protection the rules and regulations for a person in receipt of the household benefit package who is hospitalised for an extended period; and if she will make a statement on the matter. [30523/11]

The current operational guidelines for the household benefits scheme specify that:

On entry to a nursing home/hospital a client loses entitlement to household benefits from the end of the billing period in which he/she entered the nursing home/hospital. If they return home and reapply for the schemes within six months the schemes can be backdated to the date that the schemes were terminated.

If the client returns home and reapplies for the schemes more than six months after his/her claim was terminated, the schemes may be backdated to the date the person returned home or for up to six months, whichever is the shorter.

Social Welfare Appeals

Michelle Mulherin

Ceist:

92 Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an application for carer’s allowance in respect of a person (details supplied) in County Mayo; if the application will be expedited; and if she will make a statement on the matter. [30538/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 16 June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Department on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 6 October 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.

Social Welfare Benefits

Joe Costello

Ceist:

93 Deputy Joe Costello asked the Minister for Social Protection if she will grant an allowance to a person (details supplied) in Dublin 1 for necessary materials relating to their education course; and if she will make a statement on the matter. [30547/11]

The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned made an application for an exceptional needs payment on 3rd October 2011. Additional information has been requested in respect of the application and a decision will be made when the requested information has been received.

Jack Wall

Ceist:

94 Deputy Jack Wall asked the Minister for Social Protection the reasons a person (details supplied) in County Kildare was refused a mortgage relief payment; and if she will make a statement on the matter. [30576/11]

The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The position remains as advised in the question which I answered for the Deputy on 18 October 2011.

Jack Wall

Ceist:

95 Deputy Jack Wall asked the Minister for Social Protection the reason a person (details supplied) in County Kildare is not being paid a subsistence payment from the community welfare officer until their claim for jobseeker’s allowance is determined in view of the fact that they have no other means of maintaining themselves; and if she will make a statement on the matter. [30584/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned was refused a basic supplementary welfare allowance payment as the Department's representative who administers the supplementary welfare allowance scheme was not satisfied that he fully disclosed the details of his means.

Departmental Bodies

Éamon Ó Cuív

Ceist:

96 Deputy Éamon Ó Cuív asked the Minister for Social Protection the number of State agencies, independent statutory bodies, State boards, or other quangos established by her Department since February 2011; the number which have been abolished; and if she will make a statement on the matter. [30604/11]

No statutory bodies, state boards or quangos have been established or abolished by the Department of Social Protection since February 2011.

Three statutory bodies operate under the aegis of the Department. They are the Social Welfare Tribunal, the Citizens Information Board and the Pensions Board. In addition, the Office of the Pensions Ombudsman comes under the remit of the Department.

Social Welfare Benefits

Michael Healy-Rae

Ceist:

97 Deputy Michael Healy-Rae asked the Minister for Social Protection if she will ensure that the current contract that post offices have with regard to paying out social welfare entitlements stays in place; and if she will make a statement on the matter. [30632/11]

The current range of payment options offered by my Department offers choice to most scheme customers in how they are receive their welfare entitlement. The options include payment at a local post office or through a bank, building society or certain credit unions or payment by cheque. The post office is the preferred choice of the majority of customers for the receipt of their social welfare payment. It is however, the most costly channel of payment through which a welfare payment can be paid to a customer.

The current contract with An Post for the payment of welfare customers expires on the 31st December 2013. In line with public procurement guidelines and in the interests of economy, public sector contracts for the supply of products and services are generally awarded following a publicly advertised, competitive tendering process. In addition, the award of public sector contracts with a significant financial value is subject to various EU Directives. This ensures that the taxpayer receives value for money and that all potential suppliers are given the opportunity to put forward for efficient, effective and competitive solutions for consideration and evaluation.

The Department is required to tender for any new contract for the delivery of social welfare payments before the current contract with An Post expires in 2013. In this context, the Department is developing a Payment Strategy to support the modernisation of welfare payment methods. This strategy will enable the Department to continue to modernise the payment of welfare benefits in line with wider Government policies and objectives such as better public services, better and more effective e-payments and the National Payments Implementation Programme.

It will of course be open to An Post as the current provider to bid for the new contract. The procurement process will be completed in advance of the termination of the contract, in order to ensure continuity of payments to our customers.

Social Welfare Appeals

John McGuinness

Ceist:

98 Deputy John McGuinness asked the Minister for Social Protection if carer’s allowance will be approved in respect of a person (details supplied) in County Kilkenny and if she will expedite the matter. [30642/11]

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the available evidence, disallowed the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer's 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.

John McGuinness

Ceist:

99 Deputy John McGuinness asked the Minister for Social Protection if the investigation into the claim or benefit being paid to a person (details supplied) in County Kilkenny has been resolved; and if not, if she will confirm the timeframe for a decision in the case. [30648/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 3 October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Department 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.

John McGuinness

Ceist:

100 Deputy John McGuinness asked the Minister for Social Protection if a decision has been made in the case of a person (details supplied) in County Carlow; and if she will expedite the matter. [30649/11]

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.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department made nine additional appointments to the office earlier this year.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but s/he 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.

Social Welfare Fraud

Michelle Mulherin

Ceist:

101 Deputy Michelle Mulherin asked the Minister for Social Protection the manner in which the additional social welfare inspectors she has referred to will be recruited and the manner in which a person can apply for the position and the qualifications required. [30656/11]

I have no current plans to appoint additional social welfare inspectors to the Department. However, I recently launched a new Fraud Initiative aimed at ensuring an integrated approach to the prevention, deterrence and detection of social welfare abuse across the social welfare system. I intend to implement this initiative through the refocusing of current inspector resources towards the control of social welfare fraud.

Activation and Control Teams (ACTs) are established across the Department's regional network. As part of the fraud initiative, and in order to ensure an integrated approach to fraud control, these teams will be enhanced by the integration of the community welfare officers and FÁS staff into the Department. These control teams will now comprise social welfare inspectors, facilitators, special investigation unit staff, community welfare officers, FÁS and social welfare local office staff. The ACTs will help to ensure that all activation and control activities, established and new, across all schemes, are being vigorously applied and augmented with targeted specific approaches based on local knowledge and circumstances. There will be a single customer view, from a control perspective, by having these former agencies amalgamated into the Department and as members of the ACTs.

Social Welfare Appeals

Brendan Griffin

Ceist:

102 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the appeal for carer’s allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [30658/11]

The Social Welfare Appeals Office has advised me that both appeals by the person concerned were registered in that office on 8 February 2011. 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 in the Social Welfare Appeals Office on 21 June 2011 and the appeal was assigned to an Appeals Officer on 12 September 2011 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.

Community Employment

Dominic Hannigan

Ceist:

103 Deputy Dominic Hannigan asked the Minister for Social Protection if she has given any consideration to the proposal that community employment schemes operate in a similar way to the rural social scheme in order to alleviate the administration demands on the community and voluntary groups involved; and if she will make a statement on the matter. [30666/11]

I have already indicated to this House that I wish to consider improvements to the operation of a number of programmes and initiatives funded by the Department of Social Protection to support people who are unemployed to get back into work, further training and/or education. Significant institutional changes have been made with the transfer of responsibilities for the community and employment support services of FÁS to my Department and the consolidation of a number of programmes and initiatives in the same area. Matters relating to the benefits to be gained from changing the delivery of CE as proposed by the Deputy will be considered as part of any initiative to improve its effectiveness.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

104 Deputy Bernard J. Durkan asked the Minister for Social Protection if she will facilitate an exceptional or once-off payment in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [30687/11]

The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned was refused an exceptional needs payment towards fuel costs as the Department's representative who administers supplementary welfare allowance was not satisfied that an exceptional need existed.

Social Welfare Code

Bernard J. Durkan

Ceist:

105 Deputy Bernard J. Durkan asked the Minister for Social Protection if rent allowances in the commuter towns of north Kildare are adjusted to take account of the higher rents in the Dublin area; and if she will make a statement on the matter. [30688/11]

The purpose of rent supplement is to provide short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source.

Rent supplement is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable eligible households to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the country. It is essential to ensure that state support for rent supplement tenants, who form a substantial section of the rental market, does not give rise to inflated rental prices with particular negative impact on those tenants on lower incomes, including people in low paid employment.

Staff administering rent supplement have the authority to set levels lower than those provided for in the regulations, in respect of sub-divisions of their functional areas, where this is appropriate. This power is provided to reflect the fact that lower rent levels may apply in certain locations within counties. Under normal circumstances rent supplement is not paid where the rent charged for the accommodation is above the relevant maximum rent limit.

The most recent rent limit review established new maximum rent limits from June 2010. The rent limits introduced in Co. Kildare were in line with the most up-to-date market data available and I am satisfied that the rent limits are sufficient to enable eligible households to secure and retain basic suitable rented accommodation in Co. Kildare.

Nonetheless the current rent limits are in place until December 2011 and will be reviewed later this year. The review will be based on analysis of data on private rental prices supplied by the Central Statistics Office, the Private Residential Tenancies Board and publicly available data.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

106 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason child benefit has not been paid for some time in the case of person (details supplied) in Dublin 16; and if she will make a statement on the matter. [30689/11]

The person concerned was awarded Child Benefit under domestic legislation from 1 July 2000. In May 2011, the Department was advised that her spouse is employed in Germany, which gave rise to a review of her claim under EU Regulations.

Under EU Regulations, Family Benefits are paid by the country of employment, even when the family reside in another EU Member State. In this case, as her spouse is employed in Germany and she herself is not employed, Germany is the competent authority to pay Family Benefits.

Correspondence issued to the person concerned on 24 May 2011 advising that Germany is the competent Sate to award Child Benefit and that her spouse should make a claim with the German Child Benefit office. When the German claim is processed, entitlement to a supplement will be examined and she will be notified accordingly.

Bernard J. Durkan

Ceist:

107 Deputy Bernard J. Durkan asked the Minister for Social Protection if she will facilitate an exceptional needs or other once-off payment in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [30690/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned was refused an exceptional needs payment towards a gas bill in June 2011 as the Department's representative was not satisfied that an exceptional need existed. The person concerned appealed the decision but the decision was upheld.

If the person concerned wishes to make a further application for an exceptional needs payment she should contact the Department's local representative who is administering the supplementary welfare allowance scheme.

Bernard J. Durkan

Ceist:

108 Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of rent payable in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [30691/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned made an application for rent supplement but his rent was in excess of the maximum rent limit for his family size. The person concerned was advised to secure accommodation within the prescribed rent limit for his family circumstances before his application could be processed.

Bernard J. Durkan

Ceist:

109 Deputy Bernard J. Durkan asked the Minister for Social Protection the maximum rent support payable in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [30694/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The entitlement of the person concerned to rent supplement is currently under review as the person concerned has been refused back-to-education allowance and is in full-time education. The person concerned should contact the Department's representative who administers the supplementary welfare allowance scheme in order to discuss her rent supplement entitlement.

Bernard J. Durkan

Ceist:

110 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason for refusal of supplementary welfare allowance or basic payment in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [30695/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned was refused a basic supplementary welfare allowance payment as he did not satisfy the habitual residence condition.

Bernard J. Durkan

Ceist:

111 Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of rent allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [30696/11]

The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The position remains as advised in question number 97 which I answered for the Deputy on 6 October 2011. That is, the designated Appeals Officer upheld the decision not to award a rent supplement to the person concerned on the grounds that the rent payable was in excess of the prescribed limit for a single person.

The client failed to provide supporting documentation in relation to access to his son, so rent supplement can not be awarded.

Bernard J. Durkan

Ceist:

112 Deputy Bernard J. Durkan asked the Minister for Social Protection the rent support entitlement in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [30697/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned was in receipt of rent supplement in respect of an address in Waterford but this claim is currently suspended. If the person concerned wishes to apply for rent supplement in respect of an address in Kildare he should complete an application form and return it to the Central Rents Unit, PO Box 11758, Dublin 7.

Bernard J. Durkan

Ceist:

113 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason jobseeker’s allowance has not been paid in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [30698/11]

The person concerned made an application for jobseeker's allowance on 8 August 2011.

One of the qualifying conditions for receipt of this payment is that a person satisfies the Habitual Residence Condition. On 22 September 2011 the person concerned was requested to provide certain documentation in support of his application. A decision will be made on receipt of the requested documentation.

Bernard J. Durkan

Ceist:

114 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when basic social welfare payment will be made in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [30699/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

I have been advised that there are no current claims for supplementary welfare allowance in respect of the family concerned. The persons concerned should contact the Department's local representative who is administering the supplementary welfare allowance scheme if they wish to have their claim entitlements examined.

Bernard J. Durkan

Ceist:

115 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when rent support will be made payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [30700/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned has appealed the decision to refuse rent supplement to the Social Welfare Appeals Office but no decision has been made on her appeal. The Social Welfare Appeals Office will contact the person concerned when a decision has been made.

Social Welfare Appeals

Paul Connaughton

Ceist:

116 Deputy Paul J. Connaughton asked the Minister for Social Protection when an appeal will be heard in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [30726/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 26th September 2011. 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 in the Social Welfare Appeals Office on 5th October 2011 and the appeal will, in due course, be assigned 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.

Gníomhaireachtaí Rannach

Aengus Ó Snodaigh

Ceist:

117 D’fhiafraigh Aengus Ó Snodaigh den Aire Ealaíon, Oidhreachta agus Gaeltachta cén maoiniú atá curtha ar fáil do na háisíneachtaí faoi choimirce na Roinne, na háisíneachtaí trasteorann ina measc, le deich mbliana anuas (2000-2010), cén céatadán den mhaoiniú sin a caitheadh ar chostas riaracháin na n-áisíneachtaí faoi seach, agus cén céatadán den chostas riaracháin a caitheadh ar thuarastail sna háisíneachtaí faoi seach sa tréimhse sin; agus an ndéanfaidh sé ráiteas ina thaobh. [30441/11]

Mar a bheidh ar eolas ag an Teachta, bunaíodh mo Roinn ar an 2 Meitheamh 2011. Déantar mionsonraí na leithdháiltí caiteachais a chuirtear ar fáil do chomhlachtaí atá faoi choimirce na Roinne ag leibhéal fo-mhírchinn a fhoilsiú gach bliain in Imleabhar na Meastachán Athbhreithnithe agus sa Chuntas Leithreasa. Áirítear in Imleabhar na Meastachán Athbhreithnithe Ráitis Ghníomhaireachta mhionsonraithe a léiríonn méid an mhaoinithe a caitheadh ar riarachán agus ar phá le linn na bliana roimhe sin.

Tá na foilseacháin seo le fáil ar shuíomhanna gréasáin na Roinne Caiteachais Phoiblí & Athchóirithe agus Oifig an Ard-Reachtaire Cuntas agus Ciste. Ionas go mbeidh sé níos éasca teacht orthu, seo a leanas an nasc ag a bhfuil cóipeanna d'Imleabhar na Meastachán Athbhreithnithe le fáil: http://per.gov.ie/estpubexp2011/

Tá na Cuntais Leithreasa Bhliantúla le fáil ag an nasc seo leanas: http://audgen.gov.ie/viewdoc.asp?DocID=-1&CatID=3&UserLang=EN&m=6

Aengus Ó Snodaigh

Ceist:

118 D’fhiafraigh Aengus Ó Snodaigh den Aire Ealaíon, Oidhreachta agus Gaeltachta cá mhéad airgid atá caite ag na háisíneachtaí faoi choimirce na Roinne, na háisíneachtaí trasteorann ina measc, le trí bliana anuas ar chomhairleoirí gnó agus ar chomhairle dlí; agus an ndéanfaidh sé ráiteas ina thaobh. [30442/11]

Tá an t-eolas a cuireadh ar fáil do mo Roinnse ó na gníomhaireachtaí atá faoina cúram i dtaca leis an méid airgid a caitheadh ar chomhairle gnó agus dlíthiúil le trí bliana anuas leagtha amach sa tábla thíos.

Ainm an Chomhlachta

An méid a caitheadh ar Chomhairle Gnó & Dlíthiúil in 2009

An méid a caitheadh ar Chomhairle Gnó & Dlíthiúil in 2010

An méid a caitheadh ar Chomhairle Gnó & Dlíthiúil go dtí seo in 2011

Iomlán

Uiscebhealaí Éireann

€348,651

€209,380

€120,604

€678,635

An Foras Teanga: Foras na Gaeilge

€233,413

€171,855

€81,835

€487,103

An Foras Teanga: Gníomhaireacht na hUltaise*

€9,615

€3,236

€1,060

€13,911

Údarás na Gaeltachta

€720,261

€482,507

€181,612

€1,384,380

Dánlann Ealaíne Crawford

€73,493

€207,939

€143,689

€425,121

Leabharlann Náisiúnta na hÉireann

€97,788

€194,976

€107,163

€399,927

An Chomhairle Oidhreachta

€167,372

€113,712

€107,849

€388,932

Dánlann Náisiúnta na hÉireann

€166,871

€222,985

€205,036

€594,892

An Ceoláras Náisiúnta

€520,757

€248,321

€140,305

€909,383

Ard-Mhúsaem na hÉireann

€49,155

€13,823

€25,587

€88,565

Áras Nua-Ealaíne na hÉireann

€42,000

€16,000

€18,000

€76,000

An Chomhairle Ealaíon

€26,902

€25,120

€11,478

€63,500

Bord Scannán na hÉireann

€380,661

€267,715

€196,625

€845,001

*Úsáideadh na rátaí malairte airgid seo a leanas agus an caiteachais thuas á ríomh: 2011 — €1 = £0.82; 2010 — €1 = £0.89; 2009 — €1 = £0.78.

Departmental Bodies

Éamon Ó Cuív

Ceist:

119 Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage and the Gaeltacht the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30592/11]

My Department, as currently configured, was established on 2 June 2011. I wish to advise the Deputy that no bodies of the nature referred to were established or abolished by my Department since that date.

Irish Language Strategy

Ceist:

120 Deputy Michael P. Kitt asked the Minister for Arts, Heritage and the Gaeltacht when the 2011 and three-year implementation plans for the 20-year strategy on the Irish language are to be published; and if he will make a statement on the matter. [30616/11]

The 2011 plan for the implementation of the 20-Year Strategy for the Irish Language 2010-2030 consists of the establishment phase of the Strategy. This initial phase has been largely devoted to the communication of the goals and content of the Strategy and the setting up of the required organisational and operational structures required for the Strategy’s long-term implementation. The establishment of a number of inter-departmental and inter-agency working groups has been a key aspect of this initial phase. The 2011-2014 plan for the implementation of the Strategy proposes to build on the foundations developed during the establishment phase.

While my Department has central responsibility for the Strategy, its successful implementation is contingent on ensuring that other key stakeholders play their role in developing a holistic, integrated approach to the Irish language. Therefore, it is my Department's intention to consult with other key stakeholders regarding the 2011 and 2011-2014 implementation plans with a view to ensuring their publication on my Department's website as soon as possible.

Departmental Bodies

Éamon Ó Cuív

Ceist:

121 Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30594/11]

I can inform the Deputy that no new agencies have been established or abolished by my Department since February 2011.

Departmental Schemes

Éamon Ó Cuív

Ceist:

122 Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources the reason it is not open to a person to lodge a second application under the warmer homes scheme for additional works, in view of the fact that in many cases the works carried out to date did not cover the full requirements to ensure good heat retention in the house; and if he will make a statement on the matter. [30621/11]

The Sustainable Energy Authority of Ireland (SEAI) administers Better Energy: Warmer Homes on behalf of my Department. The energy poverty strand of Better Energy aims to provide energy efficiency improvements to low-income homes unable to afford the cost of implementing such measures. This will enable over 20,000 low-income homes to benefit from energy efficiency retrofit measures this year.

There has been a significant uptake in applications and interest in the scheme over the last three years. The success of the scheme has led to an unprecedented demand and a subsequent increase in waiting times. While surveys are carried out on eligible homes and a number of measures are identified, the SEAI has to prioritise lower cost measures, in order to address the maximum number of vulnerable homes. Unfortunately, due to budgetary constraints, it is not possible at this time to re-visit these homes to undertake further works.

The SEAI held an information day for all members of the Oireachtas yesterday. Representatives from the Authority were on hand to explain the current range of schemes and programmes being managed by the Authority and to handle any queries that members had.

Queries in relation to individual applications are an operational matter for the SEAI and dedicated hot lines for both schemes are available (Better Energy: Warmer Homes hot line — 1800 250 204 and Better Energy: Homes hot line — 1850 927 000). In addition, the SEAI has recently established a specific email address for queries from Oireachtas members which can be sent to oireachtas@seai.ie and will be dealt with promptly.

Building Regulations

Clare Daly

Ceist:

123 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will report on the experience of the pyrite panel group in dealing with pyrite contamination of hard-core. [30545/11]

I am satisfied that the people selected for the panel seeking to facilitate a resolution of the pyrite contamination issue have the necessary experience and qualifications for this task. My Department will provide them with any required technical and administrative support.

Clare Daly

Ceist:

124 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government when he will introduce regulations to require quarries supplying aggregate to complete compulsory chemical testing to ensure that fill containing heave-inducing pyrite is detected and not used under concrete floors. [30546/11]

Regulations are already in place for the testing of aggregates. The Construction Products Directive provides for a system of harmonised technical specifications for construction products. IS EN 13242:2002 is a harmonised European Product Standard for "Aggregates for unbound and hydraulically bound materials" for use in civil engineering work and road construction. IS EN 13242:2002 was published by National Standards Authority of Ireland (NASI) in 2002 and came into effect in January 2003: it sets out the rules for producers to demonstrate conformity with the standard. It requires initial type testing before an aggregate is placed on the market, and these tests to be repeated if the aggregate comes from a new source, if there is a major change in raw materials or when the aggregate is to conform to a new requirement.

Standard Recommendation (SR) 21, published by NSAI in 2004, provides guidance on the use of IS EN 13242:2002. SR 21 was revised in 2007 to give additional specific guidance on reducing the risk of reactive forms of pyrite being present in material fill for use under concrete floors in dwellings and buildings.

Part C (Site Preparation and Resistance to Moisture) of the Second Schedule to the Building Regulations sets out the legal requirements for Site Preparation and Resistance to Moisture. Regulation 3 stipulates that the floors, walls and roof of a building shall be so designed and constructed as to prevent the passage of moisture to the inside of the building or damage to the fabric of the building.” The related Technical Guidance Document — C (TGD) provides general guidance on hardcore. TGD C was amended in 2007 to take cognisance of the additional guidance given in SR 21.

Unfinished Housing Developments

Denis Naughten

Ceist:

125 Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if he will clarify section 180 of the Planning and Development Act 2000 to facilitate qualified residents issuing notice to a local authority to take an estate in charge prior to the expiry of the seven-year period, when the developer has abandoned the site; and if he will make a statement on the matter. [30548/11]

Section 180 of the Planning and Development Act 2000 provides that where estates have not been completed to the satisfaction of the planning authority, and enforcement proceedings have not been commenced within the relevant period, the planning authority must, if requested to do so by the majority of owners, initiate the procedures for taking the estate in charge.

Section 180 was amended in the Planning and Development (Amendment) Act 2010 to provide that a planning authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the planning authority consider that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate or some, but not all, of the facilities in an estate. The decision as whether to take an estate in charge is ultimately one for the elected members of a local authority.

Building Insurance

Clare Daly

Ceist:

126 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his views on whether HomeBond structural defects insurance was fit for purpose prior to 2008, noting that the Law Society issued a warning identifying the overall limit of liability in respect of any one housing developer as seriously inadequate; if it is currently fit for purpose in view of the fact that the current HomeBond structural defects insurance introduced in 2008 has an indemnity limit of €100,000 per housing unit together with a maximum indemnity limit of €2 million for all houses constructed by any developer; the action he will take regarding same; and if he will make a statement on the matter. [30551/11]

HomeBond is a private limited company providing structural guarantees for new houses and, since November 2008, the HomeBond Insurance Scheme is underwritten by Allianz Insurance. As in the case of any private company its operations are a matter for its management and Board of Directors. My Department understands that HomeBond Insurance Services Ltd is regulated by the Central Bank of Ireland and I have no function in such matters.

Departmental Bodies

Éamon Ó Cuív

Ceist:

127 Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30597/11]

Since February 2011 the following, involving a limited period of operation in which to undertake discrete tasks, have been established by my Department:

two independent statutory Referendum Commissions, in accordance with the Referendum Act (1998), for the purposes of the two forthcoming referenda on the Constitution.

a Constituency Commission under the Electoral Act 1997 to review Dáil and European election constituencies, and,

a Local Government Committee, under the Local Government Act 1991, to carry out a review of local government arrangements in Waterford and to submit a report containing recommendations on whether the County Council and City Council of Waterford should be unified.

As part of a rigorous appraisal of the State Agencies under the aegis of my Department, the overall number of agencies is being reduced from 21 to 12.

In my most recent announcements, An Chomhairle Leabharlanna will be dissolved and the sustainable development role currently performed by Comhar, the Sustainable Development Council, is to be integrated into the National Economic and Social Council (NESC). The agency rationalisation/efficiency agenda will be kept under review insofar as other agencies under the Department's aegis are concerned.

Legislative Programme

Gerald Nash

Ceist:

128 Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government if and when he will introduce a climate Bill; and if he will make a statement on the matter. [30609/11]

Gerald Nash

Ceist:

129 Deputy Gerald Nash asked the Minister for the Environment, Community and Local Government if he will commit to introducing a carbon budget to Dáil Éireann this year; and if he will make a statement on the matter. [30610/11]

I propose to take Questions Nos. 128 and 129 together.

I refer to the reply to Question No. 352 of 18 October 2011 which addresses my immediate priority in regard to climate change.

Waste Management

Eric J. Byrne

Ceist:

130 Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government his views on the application of the €50 per tonne landfill levy being demanded from customers in the private domestic market, whereby irrespective of the number of bins left for collection a charge per weight would be more appropriate for those who are dedicated to recycling; and if he will make a statement on the matter. [30613/11]

The landfill levy is chargeable on waste presented for disposal at landfill facilities. The increase in the levy to €50 per tonne which I recently introduced is intended to send a strong price signal to the producers, collectors and managers of waste, to alter behaviour and to encourage a shift away from landfill to more sustainable management of waste. Further increases in the levy are also planned, to €65 per tonne in 2012 and €75 per tonne in 2013. I hope to see significantly improved levels of prevention, recovery, recycling and reuse of waste as a consequence of these increases. As the waste collection market is currently structured, the pricing schemes used by private waste collectors are a matter for determination as between the service providers and consumers of the service, subject, of course, to a service provider's collection permit and other legal responsibilities being complied with.

The Programme for Government contains a commitment to introduce competitive tendering for household waste collection, under which service providers will bid to provide waste collection services in a given area, for a given period of time and to a guaranteed level of service. A public consultation on the issues involved, designed to inform the policy development process, has recently concluded. The responses received are being examined and I intend to bring policy proposals to Government before the end of the year. The relative merits of different pricing schemes, including schemes which include a pay-by-weight component, will be among the issues considered during the Government's deliberations on the future approach to regulating household waste collection markets.

Joanna Tuffy

Ceist:

131 Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that some private waste collectors are making it optional for customers to take a brown bin; the steps he is taking to ensure that private waste collectors take measures to reduce the amount of organic waste going to landfill; and if he will make a statement on the matter. [30657/11]

A number of local authorities, through conditions attached to Waste Collection Permits, require waste collectors to provide a 3-bin service, including the brown bin for organic material, to a set percentage of the households served. In 2009, the number of local authority areas where household brown bin waste was collected at kerbside increased to 22 from 16 in 2008. I am anxious to see an intensification of measures to achieve more appropriate collection and treatment of household organic wastes. A Regulatory Impact Analysis (RIA) on a set of draft regulations is being finalised currently which, if brought into operation, would have the effect of requiring authorised waste collectors to provide a food waste collection service to households on a phased basis. I expect to complete the RIA and make a decision in respect of the proposed regulations before the end of the year.

Local Government Reform

Bernard J. Durkan

Ceist:

132 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if and when consideration is likely to be given to reform of the administrative structures of the local authorities, with particular reference to more democratic and open procedures; and if he will make a statement on the matter. [30677/11]

Bernard J. Durkan

Ceist:

133 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if and when it is expected that the local authority administrative structures will become more open to the views of the public as expressed by pubic representatives; and if he will make a statement on the matter. [30678/11]

I propose to take Questions Nos. 132 and 133 together.

Responsibility for performance of local authority functions is shared between the elected members, as public representatives, and the manager. However, the majority of the major decisions are reserved as the exclusive prerogative of the elected members who also enjoy various powers which enable them generally to oversee and direct the activities of local authorities and ultimately to direct a manager as to the manner in which an executive function is to be exercised in any particular case. The manager is also subject to statutory requirements regarding the provision of information to the elected members in relation to business of the authority.

Authorities are required under the Local Government Act 2001 (Section 237A) Regulations 2003 to put in place arrangements to provide, inter alia, for the supply of specified documentation to Oireachtas members. They are also required to deal with requests for access to information by a parliamentary representative as expeditiously as possible and in accordance with a proper level of customer service. In this regard, local authorities are obliged to put in place arrangements to ensure that systems, procedures and time frames equivalent to those used by them in relation to correspondence from local authority members also apply in respect of parliamentary representatives.

I refer also to the reply to Questions Nos. 15 and 19 on today's order paper, which indicates the significant progress being made in relation to the reform and development of local government in accordance with the Programme for Government. This programme of work involves an emphasis on early implementation of individual components of the reform agenda which can be advanced in the short and medium term, while building progressively towards overall sectoral reform and development.

Initial decisions have concentrated on local government structural arrangements at city and county level, which is a key element of the local government system. Building on the decisions made to date and work underway, I intend to bring more comprehensive policy proposals to Government shortly in relation to local government structures generally at regional, county, and sub-county levels. In this context I will also indicate further aspects of the local government system on which policy proposals will be brought to Government, including such matters as local authority powers, governance, civic leadership and community engagement.

Local Authority Housing

Bernard J. Durkan

Ceist:

134 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if consideration will be given to a review of the shared ownership loan scheme with a view to achieving a greater degree of fairness for those currently holding such mortgages; and if he will make a statement on the matter. [30679/11]

Where any borrower, including a borrower purchasing under the shared ownership scheme, 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 Budgeting Service are also available to such borrowers and support is available through the Supplementary Welfare Allowance Scheme.

Provisions regarding lending by local authorities for the purposes of house purchase are set out in section 11 of the Housing (Miscellaneous Provisions) Act 1992. Where a loan stands in default, section 11(10) provides that a local authority may make such monetary arrangements with a borrower as they consider equitable to take account of the particular circumstances of the borrower. In addition, my Department issued comprehensive guidance to local authorities on the treatment of mortgage arrears, including local authority mortgages for shared ownership transactions, in March 2010. That guidance was closely based on the Central Bank's first statutory Code of Conduct on Mortgage Arrears 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. To reflect the content of the Central Bank's revised Code of Conduct — which replaced the previous code from 1 January 2011 and was informed by the deliberations of the Expert Group on Mortgage Arrears and Personal Debt — my Department is currently preparing updated guidance to local authorities in consultation with the City and County Managers Association.

Mortgage interest supplement under the Supplementary Welfare Scheme, administered by the Department of Social Protection, is payable, subject to the qualifying conditions of that scheme, in respect of mortgages under shared ownership transactions, in the same way as in the case of mortgages generally. Under the Shared Ownership Scheme, further support is available through rent subsidy. This is available to households who have a gross household income of up to €28,000 per annum in the preceding tax year. The level of subsidy ranges between €2,550 for incomes up to €13,000 and €1,050 for incomes up to €28,000.

The Government's housing policy statement, published on 16 June 2011, announced the standing down of all affordable housing schemes, including the shared ownership scheme, in the context of a full review of Part V of the Planning and Development Act 2000.

Voluntary Housing Sector

Bernard J. Durkan

Ceist:

135 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government when it is expected that the various voluntary housing associations will be brought into line with good governance and best practice, with particular reference to any such bodies that did not always observe the articles of association in company law but which subsequently and retrospectively complied and sought arrears from tenants for the period during which they were not functioning in accordance with requirements; and if he will make a statement on the matter. [30680/11]

The vision for the future of the housing sector in Ireland as set out in the Government's Housing Policy Statement, launched in June 2011, is based on choice, fairness, equity across tenures and on delivering quality outcomes for the resources invested. It is predicated on a more integrated and tenure-neutral approach to social housing provision and will involve a much greater role for approved voluntary and co-operative housing bodies as providers of social housing.

I intend to develop an enabling regulatory framework for the voluntary sector that will provide support and assurance both to the sector and to its external partners as it takes on an expanded role. I will develop this framework in consultation with the sector but I expect it will:

assist approved housing bodies to develop key governance and management structures to facilitate an expanded remit;

provide independent scrutiny and validation of such bodies' competencies, and

place sustainable housing management policies and practices at the heart of a coordinated approach to the development of the sector.

Under the terms of my Department's voluntary housing funding schemes, approved housing bodies are responsible for the proper management and maintenance of dwellings funded under these schemes and for the operation of letting policies, the fixing of rents and compliance with all relevant statutory requirements. In the case of family-type accommodation provided by approved voluntary and co-operative housing bodies under my Department's Capital Loan and Subsidy Scheme, tenants are drawn from the local authority housing waiting list and rents are largely based on the local authority Differential Rents Schemes.

In the case of accommodation provided under the Capital Assistance Scheme, which is aimed at persons with special housing needs such as elderly, the homeless or persons with a physical or intellectual disability, rents are charged at a reasonable rate having regard to tenants' income. Given that the circumstances of individual tenants may change many times during the period of their tenancy, it is accepted that the rent payable by a tenant to an approved housing body should be capable of review in light of such changes.

The development of a regulatory framework will take time. In the meantime, I wish to work with the sector on the development of a voluntary code which, I hope, most approved housing bodies will sign up to over time. This code, which I would like to agree in 2012, will serve as a learning opportunity for the sector and for my Department as we develop a longer-term statutory framework that will best support the sector.

It is also my intention to extend the remit of the Residential Tenancies Act to those segments of the voluntary and cooperative housing sector that most closely parallel the Act's current remit. The intention is to provide the same security of tenure and access to dispute resolution mechanisms as currently exist in the private residential sector. This would be a significant step for equality of treatment of tenants of voluntary housing bodies and would address shortcomings in the current system around issues such as inequitable rents policies and where arrangements for dealing with rent arrears are perceived as unfair.

Water Services

Bernard J. Durkan

Ceist:

136 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the position regarding the development of a water services programme in the future; and if he will make a statement on the matter. [30681/11]

The overall objectives for investment in water services are to ensure that the timing and scale of investment facilitates economic and other development, achieves compliance with statutory requirements and promotes environmental sustainability objectives. The main vehicle for achieving these objectives is the multi-annual Water Services Investment Programme. The Water Services Investment Programme 2010-2012 is available in the Oireachtas Library. This programme is complemented by funding for group water schemes and small public water and wastewater schemes under the Rural Water Programme. A total of €435 million in Exchequer capital resources has been made available for these programmes in 2011.

The resources available for these programmes in 2012 will be determined as part of the review of capital expenditure currently underway and the estimates and budgetary processes. In order to create efficiencies, improve service delivery and achieve cost savings in the delivery of water services, the Programme for Government provides for the establishment of a new State-owned national water authority to take over responsibility for managing and supervising investment in water services infrastructure. The Memorandum of Understanding between Ireland and the EU/IMF commits Ireland to undertaking an independent assessment of the establishment of such an authority.

Work on the independent assessment is under way. The assessment will examine the optimal organisational structures for Irish Water, including its proposed powers and responsibilities, and will consider in detail the legal, financial and organisational structures together with an implementation plan. This plan will take account of the need to ensure that this critical public service is delivered efficiently during the transition and that there is no loss of momentum in the delivery of key projects. It is intended that the outcome of the assessment will be considered by Government together with proposals for the establishment of Irish Water before the end of 2011.

Local Authority Housing

Bernard J. Durkan

Ceist:

137 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if local authorities might be encouraged to offer extra periods within which to pay rent or mortgages for householders who may have fallen into arrears arising from the current economic downturn but whose eviction will not benefit either the householder or the local authority; and if he will make a statement on the matter. [30682/11]

Local authorities have long led the way in dealing pro-actively and sympathetically with mortgage arrears. They can and do exercise the powers available to them and endeavour, in all arrears cases, to engage proactively and constructively with a distressed borrower with the aim of enabling a household remain in their home. The available data strongly bears this out and suggests that repossession, where it does occur, is always a last resort.

Local authority borrowers have received considerable protection from the worst effects of the downturn in terms of their borrowing costs. The effective rate for borrowers has come down by 2% since end November 2008 and now stands at just 3.25%. These rates represent exceptional value by comparison to rates charged by commercial lenders; as of now, the local authority rate is more than 1% lower than the average market variable rate. Provisions regarding lending by local authorities for the purposes of house purchase are set out in section 11 of the Housing (Miscellaneous Provisions) Act 1992. Where a loan stands in default, section 11(10), and more recently section 34 of the Housing (Miscellaneous Provisions) Act 2009, provide that a local authority may make such monetary arrangements with a borrower as the authority considers equitable to take account of the particular circumstances of the borrower.

In addition, and to support consistency of approach and ensure best practice across all local authority areas, my Department issued guidance last year, based on the Regulator's Code of Conduct on Mortgage Arrears. Also, to reflect the content of the Central Bank's revised Code of Conduct — which replaced the previous code from 1 January 2011 and was informed by the deliberations of the Expert Group on Mortgage Arrears and Personal Debt — my Department is currently preparing updated guidance to local authorities in consultation with the City and County Managers Association.

The single most important advice for any borrower facing difficulties in meeting repayments — whether their mortgage is with a local authority or private institution — is to engage early, proactively and constructively with their lender to seek to achieve an agreed solution.

Water and Sewerage Schemes

Bernard J. Durkan

Ceist:

138 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he expects local authorities to receive adequate funding from him for the provision of group water schemes; and if he will make a statement on the matter. [30683/11]

My Department provides funding towards group water schemes by way of annual block grant allocations to local authorities under the Department's Rural Water Programme. Responsibility for the administration of this programme has been devolved to local authorities since 1997. The selection and approval of individual group scheme proposals for funding and advancement under the programme, within the overall priorities set by my Department and subject to the block grant allocation provided, is therefore a matter for the water services authorities.

Decisions on the funding to be provided under the programme in 2012 will be made as early as possible in the New Year after taking into account needs outlined by the local authorities and the available Exchequer resources.

Water Services

Bernard J. Durkan

Ceist:

139 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the progress made to date in identifying and repairing water leaks throughout the country, with particular reference to the cost accruing to the Exchequer from such leakages; and if he will make a statement on the matter. [30684/11]

The primary objective of water conservation is to reduce water loss and leakage in the distribution networks to an economic level and to address high levels of unaccounted for water. Since the national water conservation programme was rolled out in 2003, over €187 million has been specifically invested in water conservation by my Department. In addition, local authorities fund active leakage control, detection and repair from their own operational budgets. Most of the effort to date has been focused on putting in place the water management systems to allow for active leakage control and better planning of mains rehabilitation. Most local authorities have now prepared water mains rehabilitation strategies, which set out the priority mains for replacement and repair over the coming years and provide the platform for accelerated investment in this area over the coming years.

Such investment is a key priority under my Department's Water Services Investment Programme 2010 to 2012, a copy of which is available in the Oireachtas Library. The Programme makes provision for the commencement of water conservation contracts to the value of over €300 million over the programme period. It is estimated that this investment will allow for some 640km of mains to be rehabilitated. Funding is particularly targeted at areas where the level of unaccounted for water is unacceptably high. Over time, this investment coupled with ongoing active leakage control should lead to marked reductions in unaccounted for water and improve service to customers. Progress will continue to be monitored on an annual basis through the local authority service indicators and through the collection of data from local authorities.

A review of the progress under the Water Services Investment Programme 2010 to 2012 published in July this year, generally indicated the good progress is being made on rolling out this more intensive water mains rehabilitation programme. It is expected that by the end of 2011, some 25 new water mains rehabilitation projects will have commenced.

Local Authority Housing

Bernard J. Durkan

Ceist:

140 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the serious administrative backlog and ongoing workload generated by the current voluminous nature of local authority housing application documentation; if a simplified method can be investigated, with regular updating of information by the housing authorities; and if he will make a statement on the matter. [30685/11]

A new procedure for local authority assessment of social housing applicants came into force on 1 April 2011, introducing a fairer, more consistent and transparent approach to determining eligibility for social housing support. Applicants now apply to one housing authority only in order to be placed on up to three waiting lists. The new system also involves a standard application form and maximum net income limits based on the cost of housing in the area in question.

I propose in the coming months to review the new assessment system generally with a view to making any adjustments required in light of experience since its introduction.

Fire Services

Bernard J. Durkan

Ceist:

141 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the degree to which the part-time fire services operated by the local authorities are likely to be provided for in future in view of the increased awareness of fire safety; and if he will make a statement on the matter. [30686/11]

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of a premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of individual fire authorities under the provisions of the Fire Services Act 1981. My Department supports fire authorities through the setting of general policy and guidance, and the provision of capital funding, including the recoupment (within the overall funding available) of costs incurred by fire authorities in relation to the approved purchase of fire appliances and equipment.

The cities of Dublin, Cork, Galway, Limerick and Waterford have full-time fire services, and Drogheda and Dundalk have a combined full-time and retained service. Fire services in all other communities are provided by the retained system where, in the event of an emergency call, the relevant group of fire-fighters are alerted, respond to their stations and turn-out. The retained services provide an excellent model of service delivery where, to a substantial degree, a contingent rather than continuous capability is required.

The national blueprint for further developing and improving the efficiency and effectiveness of Fire Services is set out in the recently agreed Irish Fire Services National Development Framework 2010-2015. The Framework sets out policies and key actions in the areas of Fire Services Role in Society; National Processes and Standards; Staff Learning and Development; Quality Assurance Systems and Reporting Performance; and Service Infrastructure and Legislative Support.

Courts Service

Derek Keating

Ceist:

142 Deputy Derek Keating asked the Minister for Justice and Equality the number of tip staff employed in the Courts Service; and if he will make a statement on the matter. [30444/11]

Derek Keating

Ceist:

143 Deputy Derek Keating asked the Minister for Justice and Equality the salary paid to tip staff in the Courts Service; if there are different grades of salary; and if he will outline, in tabular form, whether tip staff are paid overtime and bonuses. [30445/11]

Derek Keating

Ceist:

144 Deputy Derek Keating asked the Minister for Justice and Equality the qualifications required and the job description of tip staff in the Courts Service. [30446/11]

Derek Keating

Ceist:

145 Deputy Derek Keating asked the Minister for Justice and Equality the date on which the post of tip staff was last publicly advertised. [30447/11]

I propose to take Questions Nos. 142 to 145, inclusive, together.

The management and administration of the courts including responsibility for the provision of information is a matter for the Courts Service. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that, under the current legislative provisions, a total of 75 tipstaff are employed by the Courts Service in the grades of Usher and Crier. Ushers report to judges of the Supreme and High Courts. Criers report to judges of the Circuit Court.

The applicable weekly pay scales are set out in the following table.

Salary Rate or Scale€

Salary Rate or Scale (Officers appointed on or after 6/4/95)€

Salary Rate or Scale (Officers appointed on or after 1/1/11)€

Usher

414.34 to 591.36

435.78 to 621.76

372.91 to 532.22

Crier

414.34 to 576.52

435.74 to 606.12

372.91 to 518.87

Bonuses are not payable. If extra attendance is required overtime is paid subject to a maximum of an additional 23 hours per week.

I am informed that judges recruit their own usher or crier and notify the Courts Service which carries out any administrative functions with regard to the appointment. There are no specific qualifications required for appointment as usher or crier who provide such services as are required by the Judge to whom he/she reports. Their duties may include providing a measure of personal security for the Judge, providing assistance in the courtroom, for example, by copying legal material for the Judge or summoning a member of An Garda Síochána if a person in court is found by the Judge to be in contempt of court or acting inappropriately.

The Deputy will no doubt be aware that my colleague, the Minister for Public Expenditure and Reform, has recently published the Public Service Pensions (Single Scheme) and Remuneration Bill 2011 which is currently before the House. The Bill provides inter alia for the repeal of the legislative provisions underpinning the appointment of ushers and criers for members of the judiciary. This means that when this legislation is enacted newly appointed judges will no longer be entitled to appoint an usher or crier. Judges will still require support staff and serving judges may continue to avail of the existing structures but the repeal will allow the Courts Service to develop over time, in consultation with the judiciary and the Department of Public Expenditure and Reform, a support structure that will be appropriate to the needs of the judiciary and the requirements of the modern courts system.

Residency Permits

Bernard J. Durkan

Ceist:

146 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of 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. [30458/11]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has permission to remain in the State until 11 August 2012 based on being the holder of a work permit. I should remind the Deputy that queries in relation to the status of individual Immigration cases may also be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

147 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of 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. [30459/11]

There is currently no application for residency status under the Immigration Acts pending in my Department in the case of the person whose details were supplied. This is without prejudice to any application which the person concerned could have made, or might make, under the statutory arrangements relating to the making of asylum applications which, as the Deputy is aware, it is not the practice to comment on. It is also without prejudice to any permission that may have been, or which could be granted to the person arising from there being reasonable grounds for believing that the person is a victim of human trafficking.

Asylum Applications

Bernard J. Durkan

Ceist:

148 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected 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. [30460/11]

The person concerned is a failed asylum applicant. 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 28th September, 2009, that the then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

149 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of 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. [30461/11]

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 29th November, 2006, that the then 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 provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and, following consideration of this application, it was determined that she was not eligible for Subsidiary Protection. The person concerned was notified of this decision by letter dated 14th September, 2011. 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

150 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Waterford. [30462/11]

The person concerned arrived in the State on 9th October 2000 and applied for asylum. Her application was refused following the consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The case was considered in accordance with Section 3 of the Immigration Act, 1999, as amended and under Section 5 of the Refugee Act, 1996, as amended (prohibition of refoulement). A Deportation Order was signed by the Minister on 25th January 2005 and the person concerned was notified of the Minister's decision by letter dated 31st February 2005.

The person concerned does not have any outstanding application for residency and remains the subject of a Deportation Order and as such is legally obliged to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. The effect of a Deportation Order is that the person named on the Order must leave the State and remain thereafter out of 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

151 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [30463/11]

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 16th June 2007, that the then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Ceist:

152 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of 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. [30464/11]

The person concerned has been granted permission to remain in the State for a three year period, until 31st May, 2014. This decision was conveyed in writing to the person concerned by letter dated 31st May, 2011. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

153 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of 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. [30465/11]

I refer the Deputy to my reply below to Parliamentary Question No. 540 of 21 July, 2011. The position is unchanged since then.

Asylum Applications

Bernard J. Durkan

Ceist:

154 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [30466/11]

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 13th February, 2009, that the then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

155 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of 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. [30467/11]

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 20th November, 2008, that the then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Deportation Orders

Bernard J. Durkan

Ceist:

156 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect to an application for residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [30468/11]

The person concerned is the subject of a Deportation Order, made on 25th January, 2005, following a comprehensive and thorough examination of her asylum claim and of her representations in support of her case to remain in the State. This Deportation Order was served by registered post dated 9th February, 2005 which placed a legal obligation on the person concerned to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. The person concerned failed to report to that Bureau on 17th February, 2005 as directed and, as such, she was classified as a person evading deportation, a position which obtains to this day.

The person concerned remains the subject of a Deportation Order, the effect of which is that she is required to leave the State and remain thereafter out of the State.

The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency. Indeed, it would be somewhat illogical to reward persons who have evaded deportation for several years by granting them residency in the State. Against this background, I do not propose to do so in the context of 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Asylum Applications

Bernard J. Durkan

Ceist:

157 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position regarding an application for residency in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [30469/11]

The person concerned arrived in the State on 2nd May, 2008 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 12th November, 2009, that it was 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 submitting written representations setting out reasons why she should not be deported. She was also advised of her entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 13th May, 2011.

The case of the person concerned was then 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 Deportation Order was made in respect of her on 12th August, 2011. This Order was served by registered post dated 25th August, 2011.

The person concerned remains the subject of a Deportation Order and, as such, she is legally obliged to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. As the Deputy will be aware, the effect of a Deportation Order is that the person named on the Order must leave the State and remain thereafter out of the State.

The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

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

Residency Permits

Bernard J. Durkan

Ceist:

158 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [30470/11]

The person concerned has been granted permission to remain in the State for a one year period to 5th August, 2012. This decision was conveyed in writing to the person concerned by letter dated 5th August, 2011.

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

Deportation Orders

Bernard J. Durkan

Ceist:

159 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [30471/11]

The person concerned arrived in the State on 24th January, 2008 and applied for asylum. His application was refused following the consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

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 12th February, 2010, that it was 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 submitting written representations setting out reasons why he should not be deported. He was also advised of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 12th October, 2010.

The case of the person concerned was then 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 Deportation Order was made in respect of him on 20th October, 2010. This Order was served by registered post dated 2nd November, 2010.

The person concerned remains the subject of a Deportation Order. As a result, the person concerned is legally obliged to comply with any reporting requirements placed on him by the Garda National Immigration Bureau. The effect of a Deportation Order is that the person named on the Order must leave the State and remain thereafter out of the State.

The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding application for residency.

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

Residency Permits

Bernard J. Durkan

Ceist:

160 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of 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. [30472/11]

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 in respect of her husband in April 2007. I am also informed by INIS that the issues surrounding the application are currently being examined and that they will be in contact with the legal representatives of the person concerned in due course.

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

Asylum Applications

Bernard J. Durkan

Ceist:

161 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [30473/11]

The person concerned is a failed asylum applicant. 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 28th December, 2007, that the then 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 then 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 accordance with the provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Ceist:

162 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [30474/11]

The person concerned has been granted permission to remain in the State for the period to 20th July, 2013. This decision was conveyed in writing to the person concerned by letter dated 20th July, 2011.

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

Bernard J. Durkan

Ceist:

163 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [30475/11]

The person concerned has been granted permission to remain in the State for the period to 20th May, 2012. This decision was conveyed in writing to the person concerned by letter dated 20th May, 2011.

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

Deportation Orders

Bernard J. Durkan

Ceist:

164 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for asylum in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [30476/11]

The person concerned is a failed asylum applicant. He was advised of the formal refusal of his asylum claim by letter dated 12th March, 2010. The person concerned proceeded to apply for Subsidiary Protection and this application was refused, a position notified to him by letter dated 2nd September, 2010. His representations pursuant to Section 3 of the Immigration Act 1999 (as amended) were then considered under all the relevant headings before a Deportation Order was made in respect of him on 21st September, 2010. This Order was served by registered post dated 6th October, 2010 which placed a legal obligation on the person concerned to comply with any reporting requirements placed on him by the Garda National Immigration Bureau. As the person concerned has failed to meet the reporting requirements placed on him, he is now deemed to be evading his deportation and, as such, he is liable to arrest and detention for the purposes of effecting his deportation from the State. The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have outstanding asylum or residency applications.

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

Citizenship Applications

Bernard J. Durkan

Ceist:

165 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to the determination of naturalisation status in the case of a person (details supplied); and if he will make a statement on the matter. [30477/11]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received, from the person referred to by the Deputy, in August 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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

Residency Permits

Bernard J. Durkan

Ceist:

166 Deputy Bernard J. Durkan asked the Minister for Justice and Equality to indicate if and when residency will be granted in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [30478/11]

I have been informed by the Irish Naturalisation & Immigration Service that the person referred to by the Deputy had their permission to remain in the State renewed on an exceptional basis for 12 months on 2nd June, 2011. The Deputy should note that the address and reference number quoted differ to that contained in the notification that issued to the person concerned.

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

Asylum Applications

Bernard J. Durkan

Ceist:

167 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Laois; the degree to which the full circumstances in their case was taken into account in the determination of their residency; if the original documents can be returned to the person; and if he will make a statement on the matter. [30479/11]

The person concerned applied for asylum on 25th June, 2009. In accordance with the provisions of Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was examined by the two statutory independent refugee status determination bodies, namely the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee. In assessing each individual asylum application or appeal, the bodies referred to must, in accordance with their statutory remit, have regard for the specific claims made by an applicant as measured against objective, reputable, up to date information relating to the applicant's country of origin and, where doubts exist, the benefit of the doubt is applied in favour of the applicant. I understand that copies of the determinations made by the two bodies were sent to the person concerned and to her then legal representatives so the person concerned will be able to see from those documents the basis for the conclusions reached in her particular case.

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 6th April, 2011, 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 provisions of 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 a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. The Deputy should note that documents submitted by an applicant as evidence of identity or nationality, or in support of a case to remain in the State, can only be returned to that applicant once the case has had a definitive outcome.

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

Residency Permits

Bernard J. Durkan

Ceist:

168 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [30480/11]

The person concerned has been granted permission to remain in the State for the period to 31st August, 2014. This decision was conveyed in writing to the person concerned by letter dated 31st August, 2011.

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

Citizenship Applications

Bernard J. Durkan

Ceist:

169 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for citizenship in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [30481/11]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in January 2011. On examination of the application submitted, it was determined that the application be returned in its entirety to the person concerned for further attention on 27 January, 2011. In order to be fair to all applicants, only valid applications can be considered.

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

Deportation Orders

Bernard J. Durkan

Ceist:

170 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for revocation of deportation in the case of a person (details supplied) in Dublin 11 who has applied for revocation based on the ethnic conflict in Ivory Coast; and if he will make a statement on the matter. [30482/11]

The application for the person concerned for the revocation pursuant to Section 3(11) of the Immigration Act 1999 of their Deportation Order is under consideration at present. They will be notified shortly in writing of the outcome.

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

Citizenship Applications

Bernard J. Durkan

Ceist:

171 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for naturalisation in the case of a person (details supplied) in Dublin 6. [30484/11]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in May 2005. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. The person concerned was informed of this in a letter issued to him on 26 May, 2005.

Section 15 of that Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must — be of full age; be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

In the context of naturalisation, certain periods of residence in the State are excluded. These include — periods of residence in respect of which an applicant does not have permission to remain in the State; periods granted for the purposes of study; periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the prescribed 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Ceist:

172 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [30485/11]

The person concerned has had his permission to remain in the State renewed for a further one year period, to 4th January, 2012. This decision was conveyed in writing to the person concerned by letter dated 2nd March, 2011.

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

Asylum Applications

Bernard J. Durkan

Ceist:

173 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [30486/11]

Bernard J. Durkan

Ceist:

209 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the sequence and procedures to date in the determination of residency or naturalisation status in the case of persons (details supplied) in County Louth; and if he will make a statement on the matter. [30709/11]

I propose to take Questions Nos. 173 and 209 together.

The persons concerned are a mother, who lodged an asylum application in October, 2005, and her two young children in respect of whom separate asylum applications were lodged in June, 2010. Their respective asylum applications were refused following the consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

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, the mother by letter dated 14th October, 2009 and the children by separate letters dated 14th October, 2010, that the then 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 a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted individual applications for Subsidiary Protection. However, on 4th March, 2011, the mother, through her legal representative, withdrew her application.

Following consideration of the children's Subsidiary Protection applications, it was determined that they were not eligible for Subsidiary Protection. The children were notified of these decisions by letters dated 20th June, 2011 and 21st June, 2011 respectively.

The position in the State of all three 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 final decisions are made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Ceist:

174 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of the person (details supplied) in County Louth; and if he will make a statement on the matter. [30487/11]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to made a Family Reunification application in January 2010 in respect of her husband.

This application was approved and a decision in this case issued to the applicant on 5th July 2011.

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

Asylum Applications

Bernard J. Durkan

Ceist:

175 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position with respect of 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. [30488/11]

The person concerned is the subject of a Deportation Order, signed on 24 November 2010, 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).

However, we have received correspondence from a third party , which will be considered under Section 3(11) of the Immigration Act 1999 (as amended). The person concerned will be notified shortly in writing of the outcome.

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

Bernard J. Durkan

Ceist:

176 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [30489/11]

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 14th July, 2010, that the then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

177 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of 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. [30490/11]

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 20th October, 2010, that the then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

178 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [30491/11]

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 26th April, 2010, that the then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

179 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of 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. [30492/11]

The person concerned arrived in the State on 27 February 2004 and applied for asylum on 1 March 2004. The Refugee Applications Commissioner refused him a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. On 22 February 2011 Subsidiary Protection was refused and a Deportation Order was made in respect of him on 8 March 2011.

The person concerned instituted Judicial Review proceedings on 8 July 2011 challenging the Subsidiary Protection refusal and the Deportation Order made in respect of him 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications

Bernard J. Durkan

Ceist:

180 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for naturalisation in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [30493/11]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received, from the person referred to by the Deputy, in August 2011.

The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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

Asylum Applications

Bernard J. Durkan

Ceist:

181 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [30494/11]

The person concerned is a failed asylum applicant. 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 then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

182 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [30495/11]

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 30th December, 2010, that the then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Ceist:

183 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will indicate the current or expected procedures in respect of 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. [30496/11]

I refer the Deputy to my detailed reply to his earlier Parliamentary Question, No. 200 of 22nd March, 2011. The position is unchanged since then. The Deputy will appreciate that in light of the clarification below the person concerned could not be deemed to have an outstanding application for residency.

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

Asylum Applications

Bernard J. Durkan

Ceist:

184 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of 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. [30497/11]

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 then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

185 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [30498/11]

The person concerned arrived in the State on 18 October, 2006 and applied for asylum on the following day. The Refugee Applications Commissioner refused her a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. She was determined not eligible for Subsidiary Protection and following consideration of her case under Section 3 of the Immigration Act 1999, as amended, a Deportation Order was made in respect of her, which was notified to her on 12 September, 2011.

The person concerned instituted Judicial Review proceedings on 22 September, 2011 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

186 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of 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. [30499/11]

The person concerned arrived in the State on 25 January,2004 and applied for asylum on the following day. The Refugee Applications Commissioner refused him a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. He was determined not eligible for subsidiary protection and following consideration of his case under Section 3 of the Immigration Act 1999, as amended a Deportation Order was made in respect of him, which was notified to him on 12 September, 2011.

The person concerned instituted Judicial Review proceedings on 22 September,2011 challenging the Deportation Order made in respect of him 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications

Bernard J. Durkan

Ceist:

187 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when citizenship will be granted in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [30500/11]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in February 2011.

On examination of the application submitted, it was determined that the application be returned in its entirety to the person concerned for further attention on 17 February, 2011. In order to be fair to all applicants, only valid applications can be considered.

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

Residency Permits

Bernard J. Durkan

Ceist:

188 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [30501/11]

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred by the Deputy was granted permission to remain in the State on 16 November, 2005 for 2 years under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, commonly known as the IBC/05 Scheme. This permission was renewed in 2007 for a 3 year period and again in 2010. It is currently valid up to 19 January, 2012.

I should add that officials in the Citizenship Division of INIS have informed me that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specially 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:

189 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [30502/11]

The person concerned, a Romanian national, was granted permission to remain in the State on 10th October, 2005 under the Revised Arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1st January, 2005, more commonly known as the IBC/05 Scheme. This permission to remain was valid for a two year period, to 10th October, 2007.

Following Romania's accession to the EU on 1st January, 2007, there was no requirement on the person concerned to apply to have her permission to remain in the State renewed on its expiry in 2007 given that, by then, she was an EU citizen. Additionally, as a person who held a right of residency in the State on 1st January, 2007, assuming that she continued to reside in the State on that date, she would have been exempt from the work permit requirements applicable to newly arriving Romanian nationals and those who held no right of residency in the State on 1st January, 2007.

Essentially if the person concerned has been continuously resident in the State since being granted permission to remain then she would still be exempt from work permit requirements. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

190 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when residency will be granted in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [30503/11]

The person concerned, a Romanian national, was granted permission to remain in the State on 18th October, 2005 under the Revised Arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1st January, 2005, more commonly known as the IBC/05 Scheme. This permission to remain was valid for a two year period, to 18th October, 2007.

Following Romania's accession to the EU on 1st January, 2007, there was no requirement on the person concerned to apply to have his permission to remain in the State renewed on its expiry in 2007 given that, by then, he was an EU citizen. Additionally, as a person who held a right of residency in the State on 1st January, 2007, assuming that he continued to reside in the State on that date, he would have been exempt from the work permit requirements applicable to newly arriving Romanian nationals and those who held no right of residency in the State on 1st January, 2007. Essentially if the person concerned has been continuously resident in the State since being granted permission to remain then he would still be exempt from work permit requirements.

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

Asylum Applications

Bernard J. Durkan

Ceist:

191 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Galway; if the person will be transferred back to Dublin to commence their studies; and if he will make a statement on the matter. [30504/11]

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 10th February, 2010, that the then 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 provisions of 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 a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

In relation to the accommodation arrangements of the person concerned, I understand that the Reception and Integration Agency (RIA), in August, 2011, arranged for the person concerned to be transferred to the Eyre Powell Accommodation Centre in Newbridge, Co. Kildare which, as the Deputy will be well aware, is a short commute to Dublin City.

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

Deportation Orders

Bernard J. Durkan

Ceist:

192 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Cork; the degree to which medical issues were considered in their case; and if he will make a statement on the matter. [30505/11]

The person concerned arrived in the State on 10th May, 2008 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30th July, 2009, that it was 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 submitting written representations setting out reasons why she should not be deported. She was also advised of her entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 8th March, 2011.

The case of the person concerned was then 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 Deportation Order was made in respect of her. This Order was served by registered post dated 16th March, 2011.

I am satisfied that the asylum and immigration case of the person concerned was comprehensively examined under all of the relevant headings before a decision was taken to make a Deportation Order against her. I am equally satisfied that all representations submitted, including those of a medical nature, were fully considered in advance of a final decision being taken. As a result, I see no justification to re-visit the case of the person concerned.

The person concerned remains the subject of a Deportation Order. As a result, she is legally obliged to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. As the Deputy will be aware, the effect of a Deportation Order is that the person named on the Order must leave the State and remain thereafter out of 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

193 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application in the case of a person (details supplied) in County Cork who won two cases against a deportation order; and if he will make a statement on the matter. [30506/11]

The position in the State of the person concerned now falls to be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

194 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [30507/11]

The person concerned is a failed asylum applicant. He was advised of the formal refusal of his asylum claim by letter dated 24th November, 2006.

The person concerned proceeded to apply for Subsidiary Protection and this application was refused, a position notified to him by letter dated 19th August, 2009. His representations pursuant to Section 3 of the Immigration Act 1999 (as amended) were then considered under all the relevant headings before a Deportation Order was made in respect of him. This Order was served by registered post dated 22nd September, 2009 which placed a legal obligation on the person concerned to comply with any reporting requirements placed on him by the Garda National Immigration Bureau.

As the person concerned has failed to meet the reporting requirements placed on him, he is now deemed to be evading his deportation and, as such, he is liable to arrest and detention for the purposes of effecting his deportation from the State.

The Deputy will appreciate that in light of the above clarification the person concerned could not be deemed to have an outstanding residency application.

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

Garda Transport

Derek Keating

Ceist:

195 Deputy Derek Keating asked the Minister for Justice and Equality the cost of ministerial, presidential and judicial transport with Garda drivers for each year from 2008 to date in 2011 in tabular form; the salary of each driver; the cost of vehicle replacements; and if he will make a statement on the matter. [30514/11]

I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Derek Keating

Ceist:

196 Deputy Derek Keating asked the Minister for Justice and Equality the cost of ministerial transport with Garda drivers from 9 March 2011 to 9 July 2011; the salaries and expenses paid to the Garda drivers; the moneys saved to the State since the introduction of private ministerial drivers; and if he will make a statement on the matter. [30515/11]

I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Garda Deployment

Finian McGrath

Ceist:

197 Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on community policing in the Celtic Park and Collins Park area, Collins Avenue, Dublin 9. [30528/11]

I am informed by the Garda authorities that the areas referred to by the Deputy are covered by Clontarf Garda Station and there were 8 dedicated community gardaí attached to that station as of 30 September, the latest date for which figures are readily available.

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 policing policy and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour. This strategy is, and will continue to be, central to the delivery of a policing service to the area in question.

Deportation Orders

Dara Calleary

Ceist:

198 Deputy Dara Calleary asked the Minister for Justice and Equality the position regarding an application in respect of a person (details supplied). [30579/11]

The person concerned is the subject of a Deportation Order, signed on 20 September 2011, 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.

Departmental Bodies

Éamon Ó Cuív

Ceist:

199 Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30602/11]

I wish to inform the Deputy that no new agencies or bodies have been established by my Department since February 2011.

The Deputy might further wish to note that the following have been abolished since that date.

The Independent Monitoring Commission (IMC) was dissolved on 31 March, 2011. This body was set up to monitor and report on paramilitary activity across Ireland and also to monitor the security normalisation measures undertaken by the British Government in Northern Ireland.

The Independent International Commission on Decommissioning (IICD) was dissolved on 31 March, 2011. This body was responsible for overseeing the decommissioning of paramilitary weapons. It was established by an agreement between the Irish and British Governments, signed on 26 August, 1997, and by legislation enacted in the two jurisdictions.

The Prisons Authority (Interim) Board was abolished as a result of a Government decision taken on 26 July, 2011. This Board was established in 1998. In line with its policy to abolish agency boards, where appropriate, and make agency managers more directly accountable to Ministers, and on foot of its commitment to more effective financial scrutiny in the Programme for National Recovery, the Government saw no case for the continued existence of this Board.

Firearms Certificates

John McGuinness

Ceist:

200 Deputy John McGuinness asked the Minister for Justice and Equality, in respect of each Garda division, including the five firearms certificate applications unattributed to any Garda division, if he will confirm the number of firearms certificates granted for restricted handguns; the number of firearms certificates granted for restricted rifles; the number of firearms certificates granted for crossbows; the number of refusals of firearms certificates for restricted handguns; the number of refusals of firearms certificates for restricted rifles; the number of refusals of firearms certificates for crossbows; and if he will make a statement on the matter. [30651/11]

As it has not been possible to compile the information requested by the Deputy in the time available, I have asked the Garda Commissioner for a report on the matter and will write to the Deputy when it becomes available.

Visa Applications

Patrick O'Donovan

Ceist:

201 Deputy Patrick O’Donovan asked the Minister for Justice and Equality if he will consider including citizens travelling from a country (details supplied) on the short-stay visa waiver programme schedule 1. [30652/11]

The Visa Waiver Programme applies to holders of certain types of UK short stay visas from sixteen selected countries. This pilot programme allows persons who are in possession of the relevant type of UK visa and who have been granted permission to enter the UK on foot of that visa to also travel to Ireland without the need to apply for an Irish visa. The programme, which was announced as part of the Government's Jobs Initiative, is mainly targeted at those travelling to the UK on short stays who might wish to include a short visit to Ireland as part of their overall journey.

I am committed, as I stated at the launch of the programme, to carry out a review of the programme's operation. This review will be conducted in conjunction with the tourism industry and carriers to assess the impact of the scheme, the result of which will inform any decision on whether to extend the programme either in terms of its time frame or the citizens who may avail of it.

Deportation Orders

Bernard J. Durkan

Ceist:

202 Deputy Bernard J. Durkan asked the Minister for Justice and Equality, further to Parliamentary Question No. 680 of 14 September 2011, the precise sequence of procedures followed in the determination of residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [30702/11]

The person concerned arrived in the State on 24th January, 2008 and applied for asylum. His application was refused following the consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, the person's case was then examined in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), it was 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 submitting written representations setting out reasons why he should not be deported. He was also advised of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection.

The case of the person concerned was then 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 Deportation Order was made in respect of him.

The case of the person concerned was then considered under Section 3(11) of the Immigration Act 1999 (as amended). The outcome of the consideration was that the decision to make a deportation order in respect of him remained unchanged.

As mentioned in numerous replies to Parliamentary Questions, the above named person has been evading his deportation since 3 November 2009 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. The Deputy will appreciate that in light of the above clarification, the person concerned could not be deemed to have an outstanding application for residency.

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

Citizenship Applications

Bernard J. Durkan

Ceist:

203 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [30703/11]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Section of my Department in October 2011. On examination of the application submitted, it was determined that the application be returned in its entirety to the person concerned for further attention on 7 October, 2011. In order to be fair to all applicants, only valid applications can be considered.

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

Bernard J. Durkan

Ceist:

204 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in the matter of residency in the case of a person (details supplied) in Dublin 16; and if he will make a statement on the matter. [30704/11]

I am pleased to inform the Deputy that I approved the application for a certificate of naturalisation from the person in question and a certificate was presented to her at a citizenship ceremony on 29 September 2011.

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

Asylum Applications

Bernard J. Durkan

Ceist:

205 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in the matter of determination of residency or naturalisation in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [30705/11]

I refer the Deputy to my detailed reply to his earlier Parliamentary Question, No. 333 of Tuesday, 12 July, 2011. The position is unchanged since then.

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

Bernard J. Durkan

Ceist:

206 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position and progress to date in the determination of residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [30706/11]

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 6 March, 2008, that the then Minister proposed to make Deportation Orders in respect of her and her two children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her two children. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned initiated Judicial Review Proceedings in the High Court challenging the decision of the Refugee Appeals Tribunal in her case. On 22 October, 2009, the High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

The person concerned has 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

207 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position and progress to date in the determination of residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [30707/11]

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 16 June 2007, that the then 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 provisions of 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 a final decision is made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

208 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date and current position in the determination of residency or naturalisation in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [30708/11]

I refer the Deputy to my detailed reply to his earlier Parliamentary Question, No. 383 of Tuesday, 17 May, 2011. The position is unchanged since then.

It is noted that the address of the person concerned as supplied by the Deputy does not match the address currently on record in my Department for the person concerned. As it is incumbent on an applicant to notify my Department when they change address, the person concerned should inform my Department of his up to date address 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Question No. 209 answered with Question No. 173.

Citizenship Applications

Bernard J. Durkan

Ceist:

210 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will clarify the position regarding residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [30710/11]

I am advised by the Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State on 11 September 2001 under the arrangements then in place for the non-EEA parents of Irish born children. This permission to remain was renewed on a number of occasions since that time and her permission is currently valid until 10 September, 2014. I should add that officials in the Citizenship Division of INIS have informed me that there is no record of an application for a certification of naturalisation from the person referred to by the Deputy.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specially 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:

211 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress and procedures to date in the determination of residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [30711/11]

I am advised by the Immigration and Naturalisation Service (INIS) of my Department that the person referred to by the Deputy no longer has permission to remain in the State and an application for further permission has not been received on their behalf. This person is advised to write to the General Immigration section clearly setting out full details of their case.

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

Asylum Applications

Bernard J. Durkan

Ceist:

212 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position with regard to the residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [30712/11]

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 9 June, 2009, that the then 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 provisions of 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. In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the European Court of Justice Judgment in the Zambrano case may have on her case. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

213 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in regard to the determination of residency in the case of persons (details supplied) in County Louth; and if he will make a statement on the matter. [30713/11]

The first named person concerned is a failed asylum applicant. 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 first named person concerned was notified, by letter dated 7th September, 2010, that the then 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 provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The position in the State of the first named 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 a final decision is made. 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 and her children are asylum applicants. However, the Deputy will be aware that it is not the practice to comment on individual asylum applications where a final decision has not been made.

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

Bernard J. Durkan

Ceist:

214 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the case for residency in the case of a person (details supplied) in Dublin 22; if he will examine all the issues in the case with a view to determination of a fair and equitable outcome in the matter of residency and associated matters; and if he will make a statement on the matter. [30714/11]

The person concerned arrived in the State on 5th October, 2006, accompanied by her young child, and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 8th July, 2008, that it was 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 submitting written representations setting out reasons why she should not be deported. She was also advised of her entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of her application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 12th July, 2011.

The case of the person concerned was then 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 Deportation Order was made in respect of her on 3rd October, 2011. This Order was served by registered post dated 10th October, 2011 which placed a legal obligation on the person concerned to comply with any reporting requirements placed on her by the Garda National Immigration Bureau. As the Deputy will be aware, the effect of a Deportation Order is that the person named on the Order must leave the State and remain thereafter out of the State.

I am satisfied that the asylum and immigration case of the person concerned was fairly and comprehensively examined under all the relevant headings before the decision to make a Deportation Order was taken. As a result, I see no justification to re-visit the case of 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Ceist:

215 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures followed to date and likely outcome in regard to the determination of residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [30715/11]

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was registered as a dependant of his parents by the Garda National Immigration Bureau (GNIB) on 19 June, 2003. This registration was renewed subsequently and is currently valid until 4 December, 2015.

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

Bernard J. Durkan

Ceist:

216 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [30716/11]

I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is a dependant of a non-EEA national parent of a child born in Ireland before 1 January, 2005 who was granted permission to remain in the State under the provisions of the IBC/05 Scheme. I should add that permission to remain in the State on Stamp 4 conditions for a twelve month period has been granted to the person concerned in her own right. She was informed of this decision by letter dated 18 October, 2011.

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

Asylum Applications

Bernard J. Durkan

Ceist:

217 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the case for subsidiary protection in the case of a person (details supplied) in County Kildare in view of the fact that they have established strong links with the local community and are strongly supported by the local church; and if he will make a statement on the matter. [30717/11]

The persons concerned are a husband and wife who entered the State on 10th September, 2004 and lodged separate asylum applications on 17th May, 2006. Their asylum applications were considered by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the persons concerned did not meet the criteria for recognition as refugees.

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 7th March, 2011, 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 a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted applications for Subsidiary Protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes.

In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons 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 final decisions are made. 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 e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

218 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if alternative documentation is acceptable instead of a passport in respect of determination of residency in the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [30718/11]

By way of background, the Deputy might wish to note that the person concerned is a failed asylum applicant. 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 April, 2004, that the then 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. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

The Deputy will appreciate that the purpose of requiring production of a national passport is to establish a person's identity and nationality so that international travel and residence can be facilitated. Permission to reside takes the physical form of some type of passport endorsement such as, in the Irish case, a residence stamp. Given the importance of ensuring that an immigration permission be availed of only by the person for whom it is intended, it has become a fundamental requirement in immigration regimes around the world that foreign national visitors or residents must be in possession of a valid passport so that the appropriate immigration permission may be placed within it.

In the context of the person concerned, his identity and nationality has not been definitively established. As a result, it is in his interests to provide my Department with documentation which attests to his identity and nationality so that a final decision can be made in his case.

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

Bernard J. Durkan

Ceist:

219 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in respect of entitlement to residency in the case of a person (details supplied) in County Kildare; if it is in their interest to withdraw judicial review proceedings or their subsidiary protection application; and if he will make a statement on the matter. [30719/11]

The person concerned is an asylum applicant. However, the Deputy will be aware that it is not the practice to comment on individual asylum applications where a final decision has not been made.

The person concerned has separately submitted documentation to my Department to advance her case to remain in the State based on the principles of the Zambrano Judgment. Her case is under consideration at present. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Where judicial review proceedings have been lodged in the High Court on behalf of an asylum applicant, it is a matter for that applicant, in conjunction with his/her legal representative, to decide as to whether such proceedings should be withdrawn. Equally, where an application for Subsidiary Protection has been lodged in my Department, it is a matter for the individual applicant, in conjunction with his/her legal representative, to decide as to whether such an application, once lodged, should be withdrawn.

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

Departmental Bodies

Éamon Ó Cuív

Ceist:

220 Deputy Éamon Ó Cuív asked the Minister for Defence the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30595/11]

The bodies under the aegis of the Department of Defence are the Civil Defence Board, the Board of Coiste an Asgard and the Army Pensions Board. Legislation is currently being drafted to dissolve the Civil Defence Board and transfer the functions of the Board back into the Department of Defence. It is expected that such legislation will come into effect during 2012.

In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. As a result, no funding was provided in 2010 or 2011. The Board will be dissolved shortly.

No new agencies, boards or quangos have been established under the Department of Defence since February 2011.

Grant Payments

John O'Mahony

Ceist:

221 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their full payment for disadvantaged area aid in County Mayo; and if he will make a statement on the matter. [30530/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 16 May 2011. Final processing of the application has recently been completed, and an additional payment due under the Disadvantaged Areas Scheme will issue shortly.

John O'Mahony

Ceist:

222 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their payment for disadvantaged area aid in County Mayo; and if he will make a statement on the matter. [30531/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 13 May 2011. Processing of the application has recently been completed. Payments under the Disadvantaged Areas Scheme and Single Farm Payment advance payment issued on 18 October and 19 October respectively.

Denis Naughten

Ceist:

223 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine, further to Parliamentary Question No. 786 of 14 September 2011, when the person will be paid; and if he will make a statement on the matter. [30539/11]

The person named commenced REPS 4 in 2008 and has received full payments for the first two years of his contract. In addition, 75% of their third year payment issued on 31 December 2010 for the amount of €3546.00. An area based discrepancy was discovered following a cross check between the Single Farm Scheme application for 2010 from the person named and the REPS agri-environmental plan. This discrepancy has resulted in the imposition of a penalty and a delay in processing the final 25% payment due under REPS 4 for 2010.

My Department is currently making arrangements to process outstanding payments to farmers of the 25% due in respect of 2010 in the cases where penalties were incurred and I expect payment to commence in these cases in October.

Arrangements are also well advanced to issue payments in respect of 2011 and I expect that these payments will commence in November.

Jim Daly

Ceist:

224 Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding payment under the disadvantaged area scheme in respect of a person (details supplied); and if he will make a statement on the matter. [30573/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 24 April 2011, processing of which is now complete, thereby allowing payment to issue in the coming days.

Brendan Griffin

Ceist:

225 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the position regarding an application to the national reserve for more entitlements in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [30578/11]

The person named submitted an application for consideration of an allocation of entitlements under the New Entrant category of the 2011 National Reserve. This category catered for farmers who commenced farming after the 15 May 2009. A New Entrant is also defined as a farmer who did not pursue any agricultural activity in his/her own name or at his/her own risk in the five years immediately preceding the commencement of the new agricultural activity.

In addition, the person named submitted an application under the New Entrant category of the 2010 National Reserve. The application for the person named was deemed eligible and notification of same was issued on 21 March 2011. As the person named received an allocation from the National Reserve New Entrant Category in 2010, his 2011 application is deemed ineligible and he has been informed accordingly.

Michael Healy-Rae

Ceist:

226 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine when headage payments will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [30586/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 13 May 2011. On processing the application, over claims and overlaps were identified on a number of the parcels as declared by the person named and he was written to in this regard. This issue has now been resolved and payments relating to Disadvantaged Areas and Single Payment application will issue forthwith.

Departmental Bodies

Éamon Ó Cuív

Ceist:

227 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of State agencies, independent statutory bodies, State boards or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30591/11]

My Department has neither established nor abolished any State agencies, independent statutory bodies, State boards, or other quangos since February 2011.

Grant Payments

Heather Humphreys

Ceist:

228 Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cavan will receive their disadvantaged area payment; and if he will make a statement on the matter. [30615/11]

An application under the Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on the 5 May 2011.

This application was selected for and was the subject of a Ground Eligibility and Animal Identification Inspection.

The inspection process is completed and the application has now been fully processed. Payment under the Disadvantaged Areas Scheme together with the 50% advance payment under the Single Payment Scheme will issue within a week. Balancing payments under the Single Payment Scheme are due to commence on 1 December.

Éamon Ó Cuív

Ceist:

229 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when 2011 single farm payment and disadvantaged area payments will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [30622/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 16th May 2011.

This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection. This inspection was completed and the results are now being processed.

Under EU regulations governing the Disadvantaged Areas Scheme and the Single Payments Scheme all Ground Eligibility Inspections must be completed before any payment can issue to any applicant under either scheme, including those not selected for a Ground Eligibility Inspection.

In the vast majority of inspected cases amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making payments to farmers is kept up-to-date. Processing of these changes is continuing and priority is given to applications who were the subject of a Ground Eligibility Inspection.

Denis Naughten

Ceist:

230 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine if he will approve a payment under the disadvantaged area scheme in respect of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [30625/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 16 May 2011, following processing of which over-claims were identified in respect of a number of parcels declared by the person named. The person named has been written to regarding the matter and, on receipt of a satisfactory reply, the application will be further processed with a view to appropriate payment issuing at an early date thereafter

Denis Naughten

Ceist:

231 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine if he will approve a payment under the disadvantaged area scheme in respect of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [30626/11]

An application under the Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on the 7 April 2011.

This application was selected for and was the subject of a Ground Eligibility and Animal Identification Inspection.

The inspection process is completed and the application has now been fully processed. Payment under the Disadvantaged Areas Scheme together with the 50% advance payment under the Single Payment Scheme will issue within a week. Balancing payments under the Single Payment Scheme are due to commence on 1 December.

Michael Healy-Rae

Ceist:

232 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason for the delay in headage and area aid payments in respect of a person (details supplied); and if he will make a statement on the matter. [30627/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 16 May 2011. On processing the application one of the parcels declared by the person named was identified as being dual claimed with another Single Payment applicant and he was written to in this regard. This issue has now been resolved, thereby allowing the Disadvantaged Area payment and the 50% advance of the Single Payment to issue in the coming days.

Adoption Services

Clare Daly

Ceist:

233 Deputy Clare Daly asked the Minister for Children and Youth Affairs the reason adoptees from the Bessborough Centre in Cork have been unable to access their personal information which is held by the Health Service Executive at St. Stephen’s Hospital, Glanmire; and the steps she will take to ensure that her previous commitment that this information would be available from 1 August is honoured. [30555/11]

Following talks with the HSE, the Sacred Heart Order and officials from my Department, the HSE agreed to take responsibility for the adoption files of the Sacred Heart Adoption Society located in Bessborough, Blackrock, Co. Cork. In announcing this, it was the HSE who stated that as and from the 1st of August 2011, the HSE Adoption Service has agreed to take over the management of the adoption files. The Minister made no commitment in this regard. Issues in relation to accessing these files should be directed to the HSE Regional Adoption Service, St. Stephen's Hospital, Glanmire, County Cork.

Jack Wall

Ceist:

234 Deputy Jack Wall asked the Minister for Children and Youth Affairs her views regarding a submission on adoptees; the actions she will take to deal with the matter; and if she will make a statement on the matter. [30589/11]

As I noted in my reply to the Deputy's question No. 121 for answer on Wednesday, 19 October 2011, this is a service matter for the HSE. The question was referred to the HSE for direct reply to the Deputy. That reply will also address this question.

Departmental Bodies

Éamon Ó Cuív

Ceist:

235 Deputy Éamon Ó Cuív asked the Minister for Children and Youth Affairs the number of State agencies, independent statutory bodies, State boards, or other quangos established by her Department since February 2011; the number which have been abolished; and if she will make a statement on the matter. [30593/11]

My Department was formally established on 2 June 2011 and since then it has not established or abolished any State agencies, independent statutory bodies, State boards or other quangos.

It should be noted that following enactment of the Child Care Amendment Act 2011, which was guided through its final stages in the Oireachtas in July by myself, the Children's Act Advisory Board was subsequently dissolved by means of the commencement by the Minister of Health of Part 6 of the Child Amendment Act 2011.

Hospital Procedures

Caoimhghín Ó Caoláin

Ceist:

236 Deputy Caoimhghín Ó Caoláin asked the Minister for Health when a person (details supplied) in Dublin 15 will receive a date for their operation; and if this will be expedited. [30509/11]

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

Hospital Waiting Lists

Tom Fleming

Ceist:

237 Deputy Tom Fleming asked the Minister for Health the steps he will take to address the long waiting lists for MRI scans in County Kerry, which are currently at a standstill, as a result of the withdrawal of the National Treatment Purchase Fund and the implications this withdrawal has for the contract between Kerry General Hospital and the Bon Secours Hospital in Tralee. [30529/11]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made.

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

Hospital Staff

Catherine Byrne

Ceist:

238 Deputy Catherine Byrne asked the Minister for Health if he will provide details of the requirements for non-consultant hospital doctors from outside the EU/EEA regarding the provision of an IELTS certificate; if there are any exemptions in place; and if he will make a statement on the matter. [30569/11]

In relation to non-EU/EEA doctors the Medical Council adopts the following approach to the testing of language skills:

Any applicant who has qualified from a non-EU/EEA country (and does not hold recognition with an EU competent authority) and who is applying for registration on the grounds that they have been awarded a Certificate of Experience (Internship) or equivalent document ("Level 4 Assessment") is required, amongst other things, to provide evidence of effective communication skills. Forms of acceptable evidence of effective language skills are:

1. A current Academic IELTS Certificate (dated within the last two years) with an overall band score of 7.0 and a minimum score of 6.5 in each module; or

2. USMLE if passed after the English language component was introduced in 2004.

3. Cambridge ESOL Certificate in Advanced English (CAE) — CEFR Level C1

4. Satisfactory proof the applicant has been awarded a Higher Qualification listed in Appendix A of the Registration Rules which was obtained through English; or

5. Satisfactory proof the applicant's basic medical degree and internship training were completed through English in a country where English is the language spoken by the vast majority of the population, e.g. in Australia or New Zealand over 97% of the population speak English; and in the USA over 95% of the population speak English. This is comparable to Ireland, where over 98% of the population speak English.

Additionally, the HSE also has a requirement that persons taking up Intern posts who did not complete the entirety of their undergraduate medical training in the Republic of Ireland must demonstrate their proficiency in the English language through the submission of certification from the IELTS. A minimum score of 7.5 in all domains is required.

The HSE has also instructed employers that should concerns arise regarding the English language competency of an NCHD and where the NCHD has not demonstrated English language competency under the IELTS, HSE and HSE-funded agencies may seek to assess the language competency using the IELTS.

Departmental Bodies

Éamon Ó Cuív

Ceist:

239 Deputy Éamon Ó Cuív asked the Minister for Health the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30600/11]

Since February 2011, one agency, the Children Acts Advisory Board, was dissolved on 8 September 2011. No agency was established in that period.

A comprehensive programme of agency rationalisation is currently underway in my Department. When the programme has been implemented the number of agencies reporting to my Department will have declined from 28 to 15. To date seven bodies have been dissolved.

Health Service Staff

Robert Troy

Ceist:

240 Deputy Robert Troy asked the Minister for Health if he will expedite the request by a person (details supplied) in County Westmeath to return to a position with the Health Service Executive after a 12-month career break. [30614/11]

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

Cancer Screening Programme

Robert Dowds

Ceist:

241 Deputy Robert Dowds asked the Minister for Health the research or evidence upon which the decision not to roll out the BreastCheck service to women over 65 years, as planned in the national breast screening programme, was based; if he has taken into account the concern of Active Retirement Ireland about the non-rollout of the NBSP to women aged over 65 years; the reason the programme has not been expanded yet; and when the programme will be expanded to include women over 65 years. [30629/11]

The Programme for Government provides for the extension of the BreastCheck programme to women aged 65-69 years in accordance with the European Council's recommendation (2003/878/EC). In addition, the extension of the BreastCheck programme has been listed as a priority in the HSE's 3 year Corporate Plan. At present BreastCheck is available nationwide to women in the 50-64 age group. The HSE's National Cancer Control Programme is examining how it can extend the programme to 65-69 year olds.

Women of any age who have concerns about breast cancer should seek the advice of their GP who will, if appropriate, refer them to the symptomatic breast services in one of the eight designated specialist cancer centres.

Medicinal Products

Peadar Tóibín

Ceist:

242 Deputy Peadar Tóibín asked the Minister for Health his views on the cost of medication (details supplied). [30631/11]

The Government has recently given approval to the drafting of the Health (Pricing and Supply of Medicines) Bill to provide for the designation and substitution of interchangeable medicines and the pricing and reimbursement of prescribed items supplied under the GMS and community drugs schemes. This will give effect to a commitment in the Programme for Government to introduce reference pricing and greater use of generics to reduce prices for both the State and patients.

Medical Cards

John McGuinness

Ceist:

243 Deputy John McGuinness asked the Minister for Health if a medical card will be issued as a matter of urgency to a person (details supplied) in County Carlow. [30634/11]

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

Hospital Services

John McGuinness

Ceist:

244 Deputy John McGuinness asked the Minister for Health the reason two letters of referral dated 12 April 2011 and 7 September 2011 to a person (details supplied) have not been acted on; if the patient, whose case is deemed urgent by their general practitioner, will now be given priority; and if he will expedite the matter. [30635/11]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made.

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

Medical Cards

John McGuinness

Ceist:

245 Deputy John McGuinness asked the Minister for Health if a medical card will be approved in respect of a person (details supplied) in County Kilkenny; and if he will expedite the matter. [30636/11]

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

John McGuinness

Ceist:

246 Deputy John McGuinness asked the Minister for Health if a medical card will be issued as a matter of urgency in respect of a person (details supplied) in County Kilkenny. [30637/11]

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

John McGuinness

Ceist:

247 Deputy John McGuinness asked the Minister for Health the timeframe for a decision on medical card applications (details supplied); and if he will expedite a response. [30638/11]

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

John McGuinness

Ceist:

248 Deputy John McGuinness asked the Minister for Health if a medical card will be approved as a matter of urgency in respect of a person (details supplied) in County Kilkenny. [30639/11]

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

John McGuinness

Ceist:

249 Deputy John McGuinness asked the Minister for Health if a medical card will issue in respect of a person (details supplied) in County Kilkenny. [30640/11]

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

Care of the Elderly

John McGuinness

Ceist:

250 Deputy John McGuinness asked the Minister for Health his plans to consult with private nursing home operators regarding their costs and the cost of providing beds for public patients; if he sees any merit in establishing a forum made up of all stakeholders, including HIQA and the National Treatment Purchase Fund, to discuss costs and developments in the sector and future care of the elderly; and if he will make a statement on the matter. [30641/11]

The Nursing Homes Support Scheme is due for formal review commencing in 2012. The Scheme will be three years in operation at that stage. The reason for allowing this period to elapse is to ensure that trends and statistics will be available in order to inform this work. The review will look at the ongoing sustainability of the scheme, the relative costs of public versus private provision and the balance of funding between residential and community care. The views of relevant stakeholders will be considered as part of the review.

Health Services

Frank Feighan

Ceist:

251 Deputy Frank Feighan asked the Minister for Health the Health Service Executive’s plans for the Keadue Health Centre building in County Roscommon; and if it plans to give it back to the local community or auction it off. [30670/11]

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

General Practitioner Qualifications

Bernard J. Durkan

Ceist:

252 Deputy Bernard J. Durkan asked the Minister for Health the procedures to be followed in the case of a person (details supplied) in Dublin 8 who wishes to practice as a medical doctor in this jurisdiction; and if he will make a statement on the matter. [30672/11]

Registration of medical practitioners is a matter for the Medical Council. Full details on the requirements for registration can be found on the Medical Council website at www.medicalcouncil.ie/registration.

Health Services

Bernard J. Durkan

Ceist:

253 Deputy Bernard J. Durkan asked the Minister for Health if psychological assessment will be arranged in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [30673/11]

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

Medical Cards

Bernard J. Durkan

Ceist:

254 Deputy Bernard J. Durkan asked the Minister for Health if and when a medical card will issue in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [30674/11]

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:

255 Deputy Bernard J. Durkan asked the Minister for Health the reason a medical card has not issued in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [30675/11]

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

Hospital Procedures

Bernard J. Durkan

Ceist:

256 Deputy Bernard J. Durkan asked the Minister for Health if a person (details supplied) in County Kildare is likely to be scheduled for a surgical procedure at Beaumont Hospital, Dublin; if the appropriate procedure has been determined; and if he will make a statement on the matter. [30676/11]

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

Vaccine Trials

Denis Naughten

Ceist:

257 Deputy Denis Naughten asked the Minister for Health the steps he will take to release available trial vaccination records of children immunised in mother and baby homes; the steps being taken to provide residents with access to records held by the Laffoy Commission; his plans to establish a no-fault compensation scheme for those damaged by such vaccinations; the timetable involved; and if he will make a statement on the matter. [30723/11]

The Commission put extensive procedures in place to provide information to individuals who suspected that they may have been involved in such trials. Persons who were resident in the above named homes and who wish to ascertain if the Department holds clinical trials vaccination records in respect of them, may do so by contacting my Department. I would emphasise, however, that my Department holds few records relating to persons involved in such trials. I have no function with regard to documentation held by the Commission. As there is no evidence that any of the persons vaccinated in accordance with the arrangements referred to in the Question were adversely affected, the issue of compensation does not arise.

Hospital Services

Denis Naughten

Ceist:

258 Deputy Denis Naughten asked the Minister for Health when he sought approval from the Department of Finance for the roll out of a new nationwide telestroke service; when he received approval for the programme; the timetable for its roll out to each acute hospital; the cost per hospital; and if he will make a statement on the matter. [30724/11]

The HSE Clinical Strategy and Programmes Directorate, through the National Clinical Programme for Stroke, made a submission to the Department of Finance for funding to implement a telestroke/telehealth service and received approval in late summer 2011. A project team consisting of ICT, consultant and project management expertise is overseeing the implementation of a nationwide service. The HSE anticipates that one site will be implementing the service at the end of this year, with other sites earmarked to implement it in 2012. No additional cost will be incurred by the hospitals concerned.

Cancer Screening Programme

Denis Naughten

Ceist:

259 Deputy Denis Naughten asked the Minister for Health the timetable for the roll out of upgraded colonoscopy facilities to specifically cater for the national colorectal cancer screening programme to each hospital involved; the projected cost for each hospital; and if he will make a statement on the matter. [30725/11]

The National Cancer Screening Service (NCSS), part of the HSE National Cancer Control Programme, is responsible for the development and implementation of Ireland's first national population-based colorectal cancer screening programme. The programme is planned to be available to men and women aged 60-69 from July 2012.

The 15 colonoscopy units, selected as candidate screening colonoscopy units for the programme, must meet accreditation requirements, as determined by the NCSS Quality Assurance Committee, during the course of 2011 and 2012 to achieve confirmed status as screening colonoscopy units.

The HSE through the NCSS commissioned baseline assessment visits in those units in partnership with the representative professional bodies, the Royal College of Physicians of Ireland, the Royal College of Surgeons in Ireland and the Joint Advisory Group on Gastroenterology (JAG) in the UK to examine the likelihood of each unit achieving independent accreditation within 12-18 months and readiness to incorporate screening colonoscopies into their current service.

In response to the baseline assessment visits, each hospital has developed and implemented an action plan designed to improve the quality of service provided and is working towards achieving independent JAG accreditation. Actions taken by hospitals include changes to management and leadership in endoscopy units, improved referral and pooling practices, better waiting list management and improved decontamination processes.

Investment costs and timescales for each hospital in preparation for the screening programme can be found in the ‘National Progress Report on Endoscopy Services' which is available on the NCSS website at www.cancerscreening.ie.

Clamping Industry

Kevin Humphreys

Ceist:

260 Deputy Kevin Humphreys asked the Minister for Transport, Tourism and Sport his plans to bring forward legislation to regulate private clampers; and if he will make a statement on the matter. [30454/11]

The Programme for Government includes a commitment to introduce legislation to provide for the regulation of the private clamping industry. Furthermore, I am acutely aware of a range of issues which have been raised by members of the public regarding problems they have encountered with elements of the private clamping industry. I believe that introducing measures to regulate the industry will be welcomed not only by the general public but also by legitimate clamping operators.

To this end I intend, in the near future, to present to the Joint Committee on Environment, Transport, Culture and Gaeltacht an options paper on the issues involved in such legislation, and my views on the shape such legislation should take. This is intended to allow the Joint Committee to hold hearings on the matter, and to state their considered view on the subject. Following this consultation with the Joint Committee, I hope to be in a position to bring draft legislation on this matter before the House in 2012.

Sports Capital Programme

Brendan Griffin

Ceist:

261 Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the position regarding funding for a facility (details supplied) in County Kerry; and if he will make a statement on the matter. [30550/11]

The Sports Capital Programme is the primary vehicle for Government support towards the provision of sports facilities or the purchase of sports equipment. No decision has yet been made about the timing of further rounds of the Programme.

Departmental Bodies

Éamon Ó Cuív

Ceist:

262 Deputy Éamon Ó Cuív asked the Minister for Transport, Tourism and Sport the number of State agencies, independent statutory bodies, State boards, or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30605/11]

Since my appointment as Minister for Transport, Tourism and Sport on 9th March 2011, I have established no State agencies, independent statutory bodies, State Boards or other bodies.

Dundalk Port Company was merged with Dublin Port Company on 12th July 2011. Tralee and Fenit Harbour Authority transferred to the control of Kerry County Council and the tenure of the Harbour Commissioners, accordingly, ceased with effect from 1st October 2011. I am also currently advancing the merger of the National Roads Authority and the Railway Procurement Agency.

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