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Dáil Éireann díospóireacht -
Tuesday, 6 Dec 2011

Vol. 748 No. 6

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].

Census of Population

Kevin Humphreys

Ceist:

1 Deputy Kevin Humphreys asked the Taoiseach if he will ask the Central Statistics Office to prepare as soon as is possible revised population projections for the next 20 years following on from census 2011, in view of the fact that the last projections date from December 2008 and the next projections are not due until 2013, and the current figures, crucial for long-term strategic planning do not take into account the most recent census preliminary figures and the effect of the recession and return of emigration; and if he will make a statement on the matter. [38795/11]

Population projections are prepared every 5 years following the publication of the census results. The most recent set of projections are based on the 2006 results and cover the period 2011 to 2041. All population projections are based on assumptions regarding future migration and fertility patterns. As population projections for Ireland are particularly sensitive to changes in migration, the 2006 based projections included a zero net migration assumption as an indicator of how our population would develop when immigration equals emigration.

The next set of projections will be based on the 2011 results. Processing of the 2011 Census forms is now nearing completion in the CSO's census processing centre in Swords and it is planned to publish the first definitive results of the census in March 2012, less than a year after Census day. Work on the Census 2011 based population projections will begin once these results are published. Specifically, after a process of consultation with a dedicated expert group (made up of representatives of central and local government, universities and research bodies, along with relevant CSO personnel) it is planned to begin work on these projections in the first half of next year with the aim of releasing population projections covering the period 2016 to 2046 before the end of 2012.

Grant Payments

Brendan Griffin

Ceist:

2 Deputy Brendan Griffin asked the Taoiseach the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38346/11]

No funding has been paid by my Department to any groups in Galway city and County to date in 2011.

Departmental Expenditure

Michael McGrath

Ceist:

3 Deputy Michael McGrath asked the Taoiseach the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38470/11]

A 2% increase in the standard rate of VAT would cost my Department approximately €8,200.00 per year.

Official Engagements

Eoghan Murphy

Ceist:

4 Deputy Eoghan Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade when he intends to make an official visit to China; and if there are plans for senior Ministers to make official visits in 2012. [38801/11]

The Government attaches great importance to widening and deepening bilateral relations with China. China is a key high-growth and high-potential market for Ireland under the Strategy and Action Plan for Irish Trade, Tourism and Investment to 2015. The local market team, set up under the Strategy, includes all of the State Agencies present in China in addition to the Embassy in Beijing and the Consulate-General in Shanghai. The team is chaired by our Ambassador in Beijing and has been actively working to build on our growing economic and trade relationships with China. Ireland had a modest trade surplus with China in 2010. Total merchandise trade between Ireland and China was worth almost €5.3 billion in 2010. Trade in services during the same period was worth €2.1 billion. Over 130 Irish companies now have a permanent business presence in China — an increase of 300% over the last five years.

I very much hope to visit China next year in order to build on the excellent bilateral relations that exist between our two countries; to have discussions with my opposite number in China on matters of mutual concern; to promote Irish interests; and to further enhance our political, trade, investment, education and tourism links with China. As the Deputy will appreciate, a visit must take place at a time mutually convenient for my Chinese counterpart. This will be arranged between the Irish and Chinese sides through diplomatic channels.

As the Deputy will be aware, Government Ministers generally commit to official visits abroad based on the demands of their portfolio. I am not aware of any confirmed travel plans by other Ministers in relation to China, although the Deputy will be aware that the Taoiseach also intends to visit China in 2012.

Diplomatic Representation

Terence Flanagan

Ceist:

5 Deputy Terence Flanagan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will reverse the decision to close Ireland’s embassy to the Vatican; and if he will make a statement on the matter. [38300/11]

It was with the greatest regret and reluctance that the Government decided to close Ireland's Embassy to the Holy See. This decision is in line with the tough choices that the Government must make to address the current economic challenges that face the country. Our targets under the EU/IMF programme and our need to reduce public expenditure mean that cuts to public expenditure must be made across a wide range of public services, including the diplomatic service.

The decision followed a comprehensive review of the overseas diplomatic network in which particular weight was given to the promotion of Irish economic interests and the economic return from Missions abroad.

The conclusions reached on foot of this survey reflect the Government's view of how the diminished resources available to my Department can best be deployed to represent the State's interests abroad at the present time.

Ireland will maintain diplomatic relations and continue its active engagement with the Holy See through our non resident Ambassador, a position to which the Government has nominated a senior Dublin-based diplomat, and the Papal Nuncio to Ireland, who I look forward to welcoming to Ireland soon.

The Government will continue to review the deployment of our diplomatic service, including in relation to the Holy See, in the light of our evolving needs and the resources available.

Grant Payments

Brendan Griffin

Ceist:

6 Deputy Brendan Griffin asked the Tánaiste and Minister for Foreign Affairs and Trade the specific grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38340/11]

My Department has funded four groups based in Galway in 2011. Irish Aid operates a Development Education Funding Scheme to promote development education programmes in formal and non-formal education in Ireland, including the community and voluntary sectors In 2011, funding was provided for a range of public cultural activities which supported Irish Aid’s objectives for Africa Day of promoting public awareness and understanding of Africa and of development themes. Africa Day grants were provided to organisations for events in Dublin, Cork, Limerick and Galway with the maximum grant set at €10,000 and the minimum at €2,000 to allow a focus on a reasonably small number of good quality events. Two groups in Galway were awarded funding as part of this scheme. In 2011, I also approved an Emigrant Support Programme Grant for South East Galway Diaspora Project (“Ireland Reaching Out”). Ireland Reaching Out (IXO), established in 2010, aims to develop a framework whereby local communities identify and engage with members of the diaspora around the world who were originally from that local area. IXO organised a very successful “Week of Welcomes” between 26 June and 2 July to which those identified as having roots in the south east Galway (including Portumna, Gort and Loughrea) were invited.

The details of the four funding recipients are provided in the following table:

Scheme

Organisation

Amount €

Chairperson

Secretary

Treasurer

Development Education Funding Scheme

Galway one World Centre

79,369

Sean Conneally

Trisha Buddin

Heike Vornhagen

Africa Day Grants

Galway one World Centre

7,000

Sean Conneally

Trisha Buddin

Heike Vornhagen

Africa Day Grants

Spirit of Voice Productions

4,500

Director:Gerry Mulkerrins

Lorna McDowell

Gerry Mulkerrins

Emigrant Support Programme

Ireland Reaching Out(IXO)

67,775

Michael Feerick

Gerard McInerney

Departmental Staff

Alan Farrell

Ceist:

7 Deputy Alan Farrell asked the Tánaiste and Minister for Foreign Affairs and Trade the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38360/11]

The information requested by the Deputy is set out in the following table:

Year

Number of Increments Awarded

Estimated Cost for the Year in Question

2010

704

€601,880

2011

608

€569,102

2012*

497

€421,754

*Projected figure only: the award of increments is not automatic and is subject to satisfactory assessment.

It should be noted that the annual cost figures are estimates based on a pro-rata calculation of the value of the annual salary increase due to the increment. For example, if an officer was awarded an increment in January, the full annual value of the increase is taken into account. If an increment is awarded in December, only one twelfth of the annual value is allowed in the calculation. The estimates also do not include any consequential PRSI increases which would not be very significant in most cases. While this is not 100% accurate, I understand that it gives a reasonably close approximation of the overall cost of increments for the years in question.

With regard to the estimate for 2012 it must be stressed that increments are awarded to staff only following receipt of satisfactory annual assessments under the Performance Management and Development System, which operates across the Civil Service for grades below Assistant Secretary level. Attendance records, with particular regard to sick leave and punctuality, are also taken into consideration.

Departmental Expenditure

Michael McGrath

Ceist:

8 Deputy Michael McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38464/11]

My Department's financial management system does not currently track VAT separately and payments are recorded on a VAT-inclusive basis. Therefore, it is not possible to give a definite answer to the Deputy's question based on the current level of VAT payments. In addition, much of the Department's expenditure on goods and services takes place overseas which involves VAT and excise arrangements at many different rates in many other jurisdictions outside of Ireland.

Passport Applications

Bernard J. Durkan

Ceist:

9 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 11 of 2 November 2011, if a decision has been reached in respect of an application for an Irish passport in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [38597/11]

As I indicated in my reply to the Deputy's question on 2 November, 2011, this case has been the subject of detailed legal considerations. The core issue of the case centres on her entitlement to Irish citizenship. This entitlement is directly dependent on the amount of her mother's residence in the State that is reckonable for the purposes of the Irish Nationality and Citizenship Act, 1956 as amended (the Act). On the evidence of immigration stamps, which were issued to the applicant's mother, the amount of reckonable residence is insufficient to demonstrate her daughter's entitlement to Irish citizenship. However, the additional evidence of a letter, dated 24 March, 2009, from the then Department of Justice, Equality and Law Reform was presented in support of the application. If the additional residence arising from this evidence was deemed to be reckonable for the purposes of the Act, the applicant's entitlement to Irish citizenship (and thereby a passport), would be demonstrated. This aspect has been the subject of a High Court judgement, which was delivered on 9 July 2010 by Justice Ryan in Sulaimon v. Minister for Justice . The interpretation of this judgement has been the subject of discussions between my Department and the Department of Justice and Equality, the latter of which is responsible for citizenship and immigration matters. These discussions were later extended to include officials from the Offices of the Attorney General and the Chief State Solicitor.

From this meeting it has emerged that the judgement poses a number of difficulties in terms of its implementation in the area of citizenship and immigration, which will feature in a Supreme Court appeal. I understand that the Department for Justice and Equality is now seeking an appeal of this judgement at the earliest opportunity.

I can confirm that this application falls in this category and officials of my Department have referred the case to the Department of Justice and Equality. While I appreciate that this situation will be disappointing for the applicant's mother, I can assure the Deputy that if the applicant succeeds in obtaining a certificate of nationality for her daughter, the Passport Service will issue a passport to her as a matter of priority.

Human Rights Issues

Joanna Tuffy

Ceist:

10 Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding the relief efforts in Haiti and the urgent need for adequate funding to be made available that will be used to assist the victims affected by the 2010 earthquake; and if he will make a statement on the matter. [38723/11]

The devastating earthquake which struck Haiti on 12 January 2010 was the greatest disaster to hit the country in more than 200 years, killing more than 230,000 people and destroying swathes of the capital, Port au Prince. Among the survivors, more than 1.5 million people were made homeless and forced to take refuge in makeshift camps.

Almost two years on, while the international relief effort has made good progress, the humanitarian situation across the country remains fragile, with the sheer scale of the devastation wrought by the 2010 quake leaving a lasting legacy of displacement and destruction. While the number continues to decrease, approximately 550,000 people remain displaced in the country and large quantities of rubble remain. The quantity of rubble caused by the earthquake was estimated at more than 20 times that left behind following the attack on the World Trade Centre in New York in 2001, which itself took more than 18 months to remove.

Against this backdrop, Ireland pledged funding of €13 million for Haiti for the period 2010-2012 at a donor conference in New York in March 2010. By the end of this year, €11.5 million of this will have been disbursed and it is intended that the entire pledge will be met by early 2012.

In allocating financial support for Haiti, Ireland has prioritised the needs of the most vulnerable populations, including women and children as well as the basic humanitarian needs of the population more generally. This follows the recommendations of an assessment mission which visited the country following the earthquake, which advocated an Irish focus on protection, as well as clean water and sanitation, early recovery and shelter. Support has been provided to UNICEF, Concern, Goal, Plan, World Vision and Haven for the provision of clean water, shelter and sanitation to the affected population. Funding of €1 million has also been provided to the Haiti Reconstruction Trust Fund for projects managed by the World Bank in line with priorities agreed with the Haitian authorities.

In addition to financial support, Irish Aid has carried out 18 deployments from its Rapid Response Corps to Haiti following the quake and these experts have been able to assist UN and other agencies to work in areas such as logistics, engineering and water and sanitation.

Looking ahead, it is vital that the international effort, led by the Interim Haiti Reconstruction Commission, steps up its efforts to ensure adequate progress in recovery and reconstruction while simultaneously addressing the immediate humanitarian needs of the population, particularly vulnerable groups such as women, children and people with disabilities. Ireland will continue to play its part in encouraging and assisting in this recovery.

Seán Ó Fearghaíl

Ceist:

11 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade if he is concerned following recent developments in the Congo and the recording by the UN of many instances of election-related violence; and if he will make a statement on the matter. [38778/11]

Presidential and parliamentary elections were held on 28 November in the Democratic Republic of the Congo (DRC). The results of the presidential election are expected to be announced on 6 December, and the parliamentary results on 13 January 2012. Ireland is following the ongoing electoral process closely with our European Union partners and through the United Nations presence in the DRC. The European Union has deployed an election observation mission, consisting of 147 observers spread throughout the country. Six Irish observers are participating in the mission. In a preliminary statement issued on 1 December the European Union election observation mission noted that the election had experienced many difficulties due to poor infrastructure and a very tight schedule. In addition a number of concerns were raised on the conduct of the elections by the Commission Électorale Nationale Indépendante. A number of fatalities associated with the election have also been reported. The European Union election observation mission will announce formal conclusions on the election on the completion of the electoral process. This report will be made public and will be provided to the appropriate authorities in the DRC.

The United Nations has sought to enhance stability in the DRC through the work of MONUSCO, formerly MONUC, the UN's largest peacekeeping mission. MONUSCO's current strength is just under 20,000 troops, military observers and police, along with over 3,500 international and local civilian staff and approximately 600 UN volunteers. Over 50 countries, including Ireland, contribute military personnel to the mission. MONUSCO is a Chapter VII mission under the UN Charter, which means it is authorised to use all necessary means to carry out its protection mandate, including the effective protection of civilians, humanitarian personnel and human rights defenders under imminent threat of physical violence, as well as the protection of United Nations personnel, facilities, installations and equipment. On 28 June, the mandate of the mission was extended until 30 June 2012. MONUSCO is providing logistical support for the electoral process.

Since 2010, Ireland has disbursed more than €13 million in response to the needs of the population in the DRC. To date in 2011, Ireland has allocated a total of over €5 million in emergency funding to the DRC via the UN administered pooled fund and through our NGO partners. Of this €1.5 million has been allocated to NGO partners. With our partners in the EU and the wider international community, Ireland will continue to work to bring an end to the conflicts which persist in the DRC, to address immediate humanitarian needs, and to help develop the capacity of the Congolese state to govern and protect its people.

Seán Ó Fearghaíl

Ceist:

12 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade his views that the conflict resolution unit in his Department is utilised to the full; and if he will make a statement on the matter. [38779/11]

As the Deputy will be aware, the allocation of the Department's scarce human and financial resources to priority areas is kept under constant review. As I outlined in my reply of 29 November, the Conflict Resolution Unit (CRU) within my Department is engaged in a wide range of activities designed to ensure that the lessons of Ireland's unique experience of conflict can be shared internationally. The Unit's experience will be of particular importance in the context of Ireland's upcoming Chairmanship-in-Office of the Organisation for Security and Cooperation in Europe (OSCE). The cooperation between the CRU and officials engaged in preparations for the Chairmanship, under a shared director, is an example of my Department assigning resources to key priority areas, in a manner that ensures maximum effectiveness and takes full advantage of synergies between complementary work areas.

Seán Ó Fearghaíl

Ceist:

13 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade his views that there will be a peaceful transition to democracy in Egypt; if this issue has been discussed at length at the EU Council; and if he will make a statement on the matter. [38780/11]

The Government is closely monitoring the transition period in Egypt, and welcomes the well-organized and peaceful first phase of the parliamentary elections in Egypt on 28 November as well as the significant voter turnout which demonstrates the engagement of the Egyptian people in the political transition. Together with our EU partners, Ireland will continue to emphasise the need for the electoral process to continue in a transparent manner and in compliance with international standards. I again call upon the Egyptian interim government to allow international election monitors at future elections as Egypt continues its transition towards democracy. I also note the Supreme Council of the Armed Forces' (SCAF) recent announcement that Presidential elections would be held before the end of June 2012. The EU Foreign Affairs Council discussed the situation in Egypt on 1 December. Ministers agreed Conclusions on Egypt, which I fully support, which welcomed the first phase of the parliamentary elections and expressed deep concern about the violence and unrest that took place prior to the first round of elections. The Council deplored the loss of life and high number of injured in recent clashes, and condemned the excessive and unacceptable violence committed by the security forces against the demonstrators. The Council urged restraint on all sides and calls for an independent investigation bringing those responsible for violence to justice. The Council also urged the authorities to uphold the rule of law and respect for human rights. I would again urge the SCAF to end the thirty year long State of Emergency, as a demonstration of its commitment to facilitating real change and reform in Egypt. The next six months or so will be a crucial time for Egypt in its democratic transition and it is vital that the interim ruling military council ensure that there is no repeat of this violent repression of protests.

The SCAF has the responsibility of protecting the democratic rights of the population and must ensure that power — including oversight of the military — is fully transferred as soon as possible to a representative, inclusive civilian government, that has all the necessary authority to lead Egypt through its transition process. The lack of clarity about, and length of, the transition has adversely affected the economic situation in Egypt, which makes it even more urgent to have representative authorities able to engage in the necessary social and economic reforms and to make effective use of available international assistance.

Ireland and the EU will continue to stand by Egypt and its people in their quest for freedom and a democratic transition based on the goals of deep and sustainable democracy and inclusive economic development.

Seán Ó Fearghaíl

Ceist:

14 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade if he supports the sanctions imposed by the Arab League on Syria; and if he will make a statement on the matter. [38781/11]

Ireland fully supports the sanctions, including an asset freeze and an embargo on investments, imposed by the Arab League on Syria on 27 November. The purpose of these measures, and other international political and diplomatic actions against Syria, is to increase the pressure on President Assad and his supporters so that they immediately end the violence against the Syrian people, begin inclusive dialogue, and start a process of transition. The Government, together with its EU partners, welcomes the leadership which has been shown by the Arab League in tackling the crisis caused by the Syrian regime's lethal repression against its own citizens. Ireland and other EU member states were amongst the co-sponsors of a resolution on the human rights situation in Syria adopted by the UN Human Rights Council's Special Session on Syria on 2 December. The resolution commends and supports the efforts and measures by the Arab League and calls upon the Syrian authorities to implement the Arab League's Plan of Action — which President Assad agreed to — in its entirety without further delay. The resolution also urges Syria to sign a draft Protocol on the Arab League's proposed observer mission to Syria.

The Arab League sanctions are a clear sign that international political and diplomatic pressure is intensifying against Syria. Turkey also announced sanctions against Syria on 30 November and the EU Foreign Affairs Council agreed on 1 December additional measures related to the energy, financial, banking and trade sectors, as well as the listing of additional individuals and entities involved in the violence or supporting the regime. This comes on top of extensive existing EU measures, including a ban on oil imports from Syria. At UN level, the UN General Assembly's Third Committee adopted a resolution on human rights in Syria on 22 November while the independent International Commission of Inquiry mandated by the HRC last August issued a report on 28 November, in which it stated its grave concern that Syria's security forces have committed "crimes against humanity" in their continuing crackdown on anti-government protesters. It is hoped that the UN Security Council will also step up to its responsibilities and soon agree a robust resolution on Syria.

Ireland, the EU and international partners such as the Arab League, the US and Turkey are determined to maintain strong and united political pressure on the Syrian regime until it ends the violent repression against its own people and begins a process of transition.

Employment Support Services

Maureen O'Sullivan

Ceist:

15 Deputy Maureen O’Sullivan asked the Minister for Finance if a scheme such as Revenue job assist will be implemented specifically for long-term unemployed graduates; and if he will make a statement on the matter. [38855/11]

Sections 88A and 472A of the Taxes Consolidation Act, 1997 provide for the Revenue Job Assist scheme, which allows tax relief for employers and employees in situations where an individual commences work having previously been long term unemployed. The scheme operates by providing a double deduction from Income Tax and PRSI for 3 years for employers that employ a person who has been unemployed for a minimum of 12 months. The employee receives an additional tax-free allowance on a sliding scale for the same time period.

In order to qualify for the scheme, the employer must not have made any staff redundant in the 26 weeks prior to the recruitment and must offer a job for a minimum of 30 hours a week with a contract for at least 12 months.

In order for the employee to qualify, they must have been continuously unemployed for the previous 12 months.

Any individual who has been unemployed for the previous 12 months and is in receipt of a payment from the Department of Social Protection can qualify for this scheme, including graduates. Therefore I see no need to introduce a scheme that would only apply to graduates.

Banking Sector Regulation

Micheál Martin

Ceist:

16 Deputy Micheál Martin asked the Minister for Finance if he has considered or will consider changes to competition law to deal with what the Financial Regulator recently referred to as the dysfunctional nature of the banking market and which he cited as one of the main factors preventing ECB mortgage interest rate cuts being passed on. [38310/11]

Neither the Central Bank nor I, as Minister for Finance, have a statutory role in the setting of interest rates charged or paid by financial institutions in Ireland regulated by the Central Bank. In a recent letter to the Taoiseach, the Deputy Governor of the Central Bank stated that the power to exercise close regulatory control over retail interest rates is not sought by the Central Bank at this time. The Deputy Governor goes on to point out the difficulties which would result from Central Bank powers to set interest rates. These include a reduction in the availability of credit particularly to less secure customers, a chilling effect on entry of sound competitors in the market and an impediment to progress towards the re-establishment of bank management practices that could ensure a healthy and free standing banking system no longer dependent on the Government for bail outs.

Based on the advice received from the Central Bank I have no plans to recommend to Government that they introduce legislation to compel lenders to reduce their standard variable rates. However, I will keep the matter under review.

House Repossessions

Pearse Doherty

Ceist:

17 Deputy Pearse Doherty asked the Minister for Finance further to Parliamentary Question No. 53 of 24 November 2011, the number of legal cases taken by each of the banks named for each of the years detailed; the number of repossessions sought and secured by each bank in each respective year; the number of repossessions of domestic properties by bank and by year; and if he will make a statement on the matter. [38331/11]

I have requested that the Covered Institutions to supply responses to the respective follow up questions, and I will write to the Deputy in this regard, as soon as the information is to hand.

Grant Payments

Brendan Griffin

Ceist:

18 Deputy Brendan Griffin asked the Minister for Finance the specific grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38339/11]

My Department has no function in this particular matter.

Departmental Staff

Alan Farrell

Ceist:

19 Deputy Alan Farrell asked the Minister for Finance the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38359/11]

In my Department, the following increments have been made payable in the years in question:

2010 — 261 increments paid to Department of Finance staff members

2011 — 171 increments paid, to date, to Department of Finance staff members

It is not possible to provide the Deputy with the number of increments that will be paid in 2012 as payment of increments is subject to sick leave and punctuality requirements in addition to receipt of the appropriate annual rating under the Performance Management and Development System 2011.

Pension Provisions

Ann Phelan

Ceist:

20 Deputy Ann Phelan asked the Minister for Finance in view of continued public protest against the effects on pensioners of the pensions levy and his assurances that the industry is not passing it on to pensioners if he will clarify the position; and if he will make a statement on the matter. [38369/11]

A 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. The levy is a charge for a temporary period on the significant assets of pension funds, much of which are represented by investments outside of Ireland, in order to fund the Jobs Initiative introduced earlier this year. The various measures in the Initiative represent the first steps by this Government towards improving the competitiveness of important sectors of the economy and facilitating the return to work of people currently unemployed. The levy 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.

Individuals may be affected in different ways by the pension fund levy. I am not in a position to comment on what the precise impact of the levy will be in all cases on individuals or individual funds, schemes, members or retired members as this depends, for example, 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 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 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.

I believe that there is scope for the pension fund industry to absorb the impact of the temporary pension scheme levy by way of a reduction in the fees and charges made on those schemes. I have raised this issue at face-to-face meetings with representatives of pensions industry and in writing. The response from the industry has to date not been particularly positive in this respect. There have been calls to force the industry to absorb the levy through legislation but I do not consider that this approach, regardless of the circumstances from case to case, would be the most appropriate action at this time.

A group has been established to examine charges in the pensions industry. The group is chaired by the Department of Social Protection with representatives of the Central Bank and the Pensions Board. This study will provide an initial benchmark on the level of pension charges for different forms of funded supplementary pension arrangements and will provide information in relation to disclosure of charges. These data have not been available to date so the study will provide valuable information to inform policy. When this information on pension charges becomes available, I will consider how it may be used to advance the issue of the industry absorbing the impact of the pension fund levy.

Tax Collection

Robert Troy

Ceist:

21 Deputy Robert Troy asked the Minister for Finance if he will facilitate a manual tax return for a person (details supplied) in County Westmeath. [38388/11]

I am advised by the Revenue Commissioners that their office in Athlone has been in contact with the named individual in relation to the mandatory e-filing obligation of his company. He has been advised that the obligation to Pay and File Tax returns electronically applies to the company (but not to his own personal Income Tax returns). The company has been advised that it has the right to appeal this decision. The named individual may, of course, continue to submit his own personal Income Tax returns to Revenue manually.

Tax Code

Brendan Griffin

Ceist:

22 Deputy Brendan Griffin asked the Minister for Finance his plans to introduce a scheme to help persons who are in apartments or houses which are not suitable for their family size and find themselves in negative equity and unable to sell the apartment or house in the current climate; if he will consider a wavier scheme for persons who rent their properties in order that, in turn, they can rent properties that suit their family requirements and because of this will not be eligible for mortgage interest relief and will be liable to pay tax to the Revenue Commissioners because they leased their own property. [38389/11]

As regards the possible introduction of new mortgage products for the situation described by the Deputy, the Central Bank has advised me that they wrote to all mortgage lenders to ascertain whether they were offering, or intended to offer, a mortgage product that would allow home owners to sell their existing home and transfer the negative equity portion of the original loan to the new loan. In response to the Central Bank's letter, only a small number of mortgage lenders said that they would consider offering such a facility. A trial period commenced in mid-2011 and was due to be assessed by the Central Bank and the institutions involved before the end of the year. However the low level of activity makes it difficult to conduct a meaningful review at this time and the proposed review will not take place until the first half of 2012. Any institution offering such a facility may only do so in accordance with criteria agreed in advance with the Central Bank. As regards income tax relief against the profits from letting residential investment properties the Deputy might wish to note that in certain circumstances, partial tax relief is available against such profits. This partial tax relief is in respect of interest on money borrowed to purchase, improve or replace the property concerned. The level at which interest repayments can be claimed against tax for a residential rental property is currently 75%. The deduction for such interest is subject to compliance with the requirements of the Private Residential Tenancies Board. For tax relief purposes residential investment property is generally understood to be property from which the owner seeks to derive profits through lettings.

Maureen O'Sullivan

Ceist:

23 Deputy Maureen O’Sullivan asked the Minister for Finance if he will exempt all goods, excluding alcohol and cigarettes, retailing at less than €10 from any VAT increase in budget 2012; and if he will make a statement on the matter. [38421/11]

VAT is charged on the supply of goods and services, and the rate applying is subject to the requirements of EU VAT law with which Irish VAT law must comply. The EU VAT Directive provides that Member States must apply VAT to all economic activity, which includes the supply of goods. Member States must apply a standard VAT rate to the majority of goods and services, with the option of applying reduced rates of up to 15% in defined circumstances. In this respect, the VAT Directive does not allow for two separate standard VAT rates to apply, at 21% and 23% in this case if goods below €10 were to continue to be charged at the current standard rate. In addition, because of VAT competition rules, it is generally not possible to treat the supply of goods and services differently, based on their value.

Maureen O'Sullivan

Ceist:

24 Deputy Maureen O’Sullivan asked the Minister for Finance if he will exempt from any budget VAT increase on certain repairs for example shoe repairs, bicycle repairs and alterations to personal clothing, when the charge to the consumer is less than €25; and if he will make a statement on the matter. [38422/11]

The 2% VAT increase I announced recently relates to an increase in the standard VAT rate from 21% to 23%. The standard VAT rate applies to the majority of goods and services in the State including cars, petrol and auto-diesel, electrical equipment and CD/DVDs, alcohol, cigarettes and tobacco, telecommunications, furniture, cosmetics, adult clothing and footwear. However, I would point out that there will be no increase in VAT on all remaining goods and services that are currently liable to the 9% and 13.5% reduced rates, the zero rate, or those items that are exempt from VAT. In effect, this means that there will be no VAT increase on most food, children's clothes and footwear, oral medicines, tourism and restaurant services, housing, construction, domestic fuels, labour intensive services and general repairs and maintenance.

In this context, there will be no increase in the VAT on shoe repairs, bicycle repairs and alterations to personal clothing, as these services are subject to the 13.5% VAT rate which is not being changed in the Budget.

Financial Services Regulation

John Deasy

Ceist:

25 Deputy John Deasy asked the Minister for Finance his plans to change the provisions of section 35 of the Credit Union Act 1997, which is restricting credit unions ability to assist members; and if he will make a statement on the matter. [38429/11]

John Deasy

Ceist:

26 Deputy John Deasy asked the Minister for Finance his plans to seek a deferral of the proposed section 35 amendment pending the outcome of the upcoming strategic review of the credit union sector; and if he will make a statement on the matter. [38430/11]

John Deasy

Ceist:

27 Deputy John Deasy asked the Minister for Finance his plans to change the restrictions which are in place under section 35 of the Credit Union Act 1997, which limits the maximum amount of loans that can be issued in a month, based on cash flow, regardless of credit unions' existing loans to asset ratio; and if he will make a statement on the matter. [38431/11]

I propose to take Questions Nos. 25 to 27, inclusive, together.

Section 35 of the Credit Union Act 1997 (Section 35) imposes limits on credit unions in relation to longer-term lending. The funding of credit unions is predominantly provided on a short-term basis in the form of on-demand savings and consequently the Section 35 limits are necessary for the protection of the financial stability of credit unions.

With regard to possible further amendments to Section 35, the Deputy will be aware that the Commission on Credit Unions is currently in place. Part of the Terms of Reference of the Commission is to examine the existing legislation and make recommendations on strengthening of the regulatory framework for the sector. I have agreed the recommendations contained in the Interim Report of the Commission which was published in October 2011. These recommendations will feed into new credit union legislation which is due to be published in June 2012. This will provide for the introduction of a Prudential Rule Book for credit unions in certain areas, including lending. Further additional changes to Section 35 were not proposed in the Interim Report. I understand, however, that the Commission will further examine the workings of Section 35 early in 2012 and may make recommendations in relation to it in its final report which is due at end-March 2012. I will consider any recommendations made by the Commission at that time.

Credit Availability

John Deasy

Ceist:

28 Deputy John Deasy asked the Minister for Finance his plans to change the lending restrictions imposed by the Registrar of Credit Unions, which places a complete ban on credit unions lending commercial or business loans that is hampering small and medium enterprises; and if he will make a statement on the matter. [38432/11]

The imposition of lending restrictions is the responsibility of the Registrar of Credit Unions, who is the independent regulator for credit unions. Within his independent regulatory discretion, the Registrar acts to support the prudential soundness of individual credit unions, to maintain sector stability and to protect the savings of credit union members. This is part of normal regulation and supervision of the sector. 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. It would not be appropriate for me, as Minister for Finance, to examine or adjudicate on whether the placing of lending restrictions is necessary on a case by case basis. I believe that such action would represent interference in the work of the independent regulator.

The Registrar has put lending restrictions in place in order to protect the savings of members in credit unions and to ensure that credit unions focus on risks when making lending decisions. Restrictions are imposed on a case-by-case basis and are reviewed regularly. The type of lending restrictions can include maximum individual loan size, overall maximum monthly lending limits and restrictions on business lending.

The Registrar has advised that about 50% of credit unions are subject to lending restrictions at present. Almost all credit unions with a lending restriction have a maximum individual loan size restriction. Of the credit unions with lending restrictions:

70% can lend €20,000 or more to an individual member · Less than 4% of credit unions are restricted to loans of less than €10,000 to an individual member, and

Just 1 credit union is restricted to lending less than €5,000 per member. Commercial lending restrictions apply to approximately a third of credit unions. This does not preclude credit unions from lending small business type loans if appropriate in certain circumstances. As part of the work to build liquidity levels in the credit union sector, the Central Bank introduced maximum monthly lending limits in a number of credit unions. Currently, maximum monthly lending limit restrictions are in place in a small proportion of credit unions .

Departmental Staff

Marcella Corcoran Kennedy

Ceist:

29 Deputy Marcella Corcoran Kennedy asked the Minister for Finance if his attention has been drawn to the fact that a person (details supplied) who was offered a head to head transfer to his Department; if this transfer will be facilitated; and if he will make a statement on the matter. [38443/11]

Head to Head transfers are permitted between provincial locations when both transferees are the most senior on the Central Transfer list and/or the Central Applications Facility (CAF) in their own location. Both Departments and both applicants must agree to the transfer. The Department (details supplied) approached my Department to facilitate a head to head transfer for their staff member. There were two people on the list in my Department. The usual transfer papers were exchanged and unfortunately for a variety of reasons the head to head transfers were not considered possible. Therefore no offer of a transfer was made to any person by either Department.

Departmental Expenditure

Michael McGrath

Ceist:

30 Deputy Michael McGrath asked the Minister for Finance the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38463/11]

The estimated cost of a 2% increase in the standard rate of VAT, using 2010 as a reference year, is €158,000. Since the establishment of the Department of Public Expenditure in July 2011, my Department has operated a shared service arrangement with that Department in respect of certain goods and services acquired by one, or other, of the Departments. The estimate supplied covers the two Departments.

Tax Collection

Joe McHugh

Ceist:

31 Deputy Joe McHugh asked the Minister for Finance if he will internally review the efficiency of collections by Revenue; if the fees charged by bailiffs represent value for money for taxpayers; and if he will make a statement on the matter. [38478/11]

I am satisfied that Revenue undertakes the task of securing the collection of the critical taxes and duties payable to the State in an efficient and cost effective manner. I am assured that Revenue management regularly carries out internal reviews of its collection systems to ensure maximum efficiency. And each year the Comptroller and Auditor General examines elements of the tax collection systems and of Revenue's performance in this area. I have no plans for a separate review of the efficiency of Revenue's collections processes at this time. Sheriff's fees and expenses including those relating to bailiffs are set out in the Sheriff's Fees and Expenses Order, (S.I. 644 of 2005). The current Order came into operation on 1 November 2005. The fees were set by the then Minister for Justice, Equality and Law Reform with the consent of the Minister for Finance.

I am satisfied that the fees reflect the principle that the costs of enforcement are carried by the non compliant individuals and businesses where Revenue is forced to take enforcement action in order to recover the taxes and duties due to the Exchequer.

Economic and Monetary Union

Joan Collins

Ceist:

32 Deputy Joan Collins asked the Minister for Finance the contingency plans in place for Ireland to produce its own currency in the event of the euro collapsing; and if he will make a statement on the matter. [38505/11]

There are many risks in the broad economic environment at present, which I must take into account in conjunction with my Department and the agencies that report to me. The euro is a firm and solid currency currently trading well against all the other major currencies. There is clearly no market expectation and there is certainly no Irish Government expectation, of any collapse in the euro. The Central Bank continues to produce euro currency.

Tax Code

Michelle Mulherin

Ceist:

33 Deputy Michelle Mulherin asked the Minister for Finance if it is possible to stagger the introduction of the proposed 2% increase in VAT to the higher rate over a period of time in ease of retailers so affected; and if he will make a statement on the matter. [38507/11]

While it is possible to change the standard VAT rate at different times, and thereby stagger any proposed VAT increase, this is not advisable. Firstly, to do so would cause significant difficulties in administration for businesses, practitioners and the Revenue Commissioners. In addition, to do so would cause uncertainty for businesses and consumers. Furthermore, staggering the proposed standard VAT increase would involve delaying the proposed measure which would mean reduced revenues for the Exchequer, which would have to be made up elsewhere in the tax system.

Robert Dowds

Ceist:

34 Deputy Robert Dowds asked the Minister for Finance if he will consider taxing children’s allowance given to wealthy families those with incomes of greater than €100,000 as part of budget 2012; and if he will make a statement on the matter. [38579/11]

As the Deputy is aware, I will be delivering my Budget for 2012 today. It is a long-standing practice of the Minister for Finance not to comment in advance of the Budget on any tax matters that might be the subject of Budget decisions.

Departmental Staff

Robert Dowds

Ceist:

35 Deputy Robert Dowds asked the Minister for Finance the criteria for supporting a person’s nomination to the European Court of Auditors; and if he will make a statement on the matter. [38589/11]

Article 286(1) of the Treaty on the Functioning of the European Union sets out the criteria for nomination to the European Court of Auditors stating that "Members of the Court of Auditors shall be chosen from among persons who belong or have belonged in their respective States to external audit bodies or who are especially qualified for this office. Their independence must be beyond doubt". I presume the Deputy is referring to the nomination of Mr. Kevin Cardiff to the European Court of Auditors.

Mr Cardiff has been awarded the following qualifications:

Degree in History and Psychology University of Washington, Seattle, USA, 1983

Masters in Business Studies University College, Dublin 1991

Diploma in Applied Finance Law Law Society Ireland 2003

Mr. Cardiff also carries with him a long career of distinguished public service here and the credentials to do a first class job in respect of the European Court of Auditors.

Mr. Cardiff retains the Government's full support as Ireland's nominee to the European Court of Auditors.

Banking Sector Regulation

Robert Dowds

Ceist:

36 Deputy Robert Dowds asked the Minister for Finance the steps he took to persuade Allied Irish Bank to pass on the recent interest rate change to its mortgage customers; and if he will make a statement on the matter. [38590/11]

On Thursday 3 November 2011, the Governing council of the ECB reduced the interest rate of main refinancing operations of the Eurosystem by 25 basis points to 1.25%, with effect from 9 November 2011. On Wednesday 9th November, The Taoiseach, the Tánaiste, the Minister for Public Expenditure & Reform and I met with the Chairman of AIB to discuss a number of matters including SME lending and SVR mortgage rates. The meeting had been scheduled prior to the interest rate cut. At that meeting, the Chairman of AIB was asked if he intended to pass on the ECB rate cut. The Chairman indicated that at that time the bank was not inclined to do so at which point it was requested of him that the bank reconsider its position in light of the current circumstances faced by mortgage holders across the country.

The following evening, on 10 November, the Board of the bank announced that it had decided to pass on the interest rate decrease to customers.

Tax Code

Eoghan Murphy

Ceist:

37 Deputy Eoghan Murphy asked the Minister for Finance if he will consider a revenue raising initiative which relates to taxation products and investment policy (details supplied). [38615/11]

The Deputy's suggestion is to reduce the current eight year "deemed disposal" period for the imposition of tax on certain investment products. I am assuming the Deputy's suggestion is that any proposed shorter period would apply to all products currently subject to the deemed disposal regime. I thank the Deputy for his suggestion which I will have considered, along with other potential tax measures.

Tax Yield

Finian McGrath

Ceist:

38 Deputy Finian McGrath asked the Minister for Finance if there is any evidence that another tax amnesty would result in more revenue. [38643/11]

The prevention of fraud and abuse of the social welfare system is an integral part of the day-to-day work of my Department which processes in excess of 2 million claims each year and makes payments to some 1.4 million people every week. However, it is important to recognise that the vast majority of people are receiving the entitlement due to them.

Most social welfare customers fully declare their means and circumstances and, therefore, do not receive more than their entitlements. However, where a customer fails to fully declare their means or circumstances, they may receive payments to which they are not entitled and this can result in an overpayment. It is important that the Department seeks to recover overpayments where they occur and an overpayment debt will remain on the customer's records until fully recovered. This will result in a reduction of all future entitlements up to and including state pension. Following the death of a customer who owes a debt, the Department will have a claim on any estate remaining.

Customers who are aware that they are being, or have been overpaid by the Department should contact their local social welfare office without delay. An overpayment recovery plan, acceptable both to the customer and to the Department, will then be agreed.

I have no plans to introduce an amnesty for customers as I do not consider this to be an appropriate response. The Department is fully committed to recovering 100% of overpayments arising as a result of suspected fraud or error. Effective debt recovery and the prosecution of persons who defraud the social welfare system are an integral part of the deterrent approach to prevent abuse of the system.

The Deputy may be aware that I recently launched a new Fraud Initiative (2011-2013) which is aimed at putting in place a range of actions to combat fraud and abuse of the social welfare system and to ensure there is public confidence and trust in the system.

Banking Sector Regulation

Finian McGrath

Ceist:

39 Deputy Finian McGrath asked the Minister for Finance his views regarding the EBS interest rate (details supplied). [38648/11]

The merger of AIB and EBS was formally completed on 1 July 2011. Prior to the completion of the merger, each of the banks set their variable mortgage rates according to the levels, calculated by the respective management teams and boards, that was required for each of the institutions to operate as a commercially viable entity in light of the challenging market conditions, the expected cost of funds, future impairments and ongoing operational costs. Notwithstanding the merger of the two banks, EBS continues to operate as a wholly owned subsidiary of AIB with its own individual banking license, brand and cost structure. This arrangement has been determined by the Board of AIB as being the most effective method of integrating the EBS business whilst retaining the core strengths of each individual entity which should return the greatest value to the State over time as shareholder. While this operational position exists it is likely that AIB and EBS will continue to offer different products to customers and as such, the banks can be expected, in the short to medium term, to price their mortgages and deposits differently from each other in the marketplace.

Ultimately the pricing of financial products, including variable mortgage interest rates, is a commercial decision for the respective management teams and boards of the banks having given due regard to its customers and the State as majority shareholder.

National Asset Management Agency

Michelle Mulherin

Ceist:

40 Deputy Michelle Mulherin asked the Minister for Finance the process involved in the National Asset Management Agency taking over loans on properties; and if he will make a statement on the matter. [38652/11]

I am informed by NAMA that the transfer of assets to it from the participating institutions is now close to completion and that loans with nominal balances of €74 billion have transferred to the Agency and that €32 billion has been paid by NAMA in respect of these loans. The provisions under which the National Asset Management Agency acquired loans are set out in the National Asset Management Agency Act, 2009. The acquisition process is governed by the provisions of Parts 4 to 7 of the Act in particular,

Part 4 provides for the designation of credit institutions as NAMA participants and the designation of bank assets as eligible for transfer;

Part 5 sets out the principles and policies for the valuation methodology;

Part 6 sets out the procedures under which the assets are transferred to NAMA;

Part 7 provides for the appeals processes of which participating institutions may avail

NAMA also provides a description of the loan acquisition process on its website at http://www.nama.ie/about-our-work/step-by-step/buying-a-loan/

Michelle Mulherin

Ceist:

41 Deputy Michelle Mulherin asked the Minister for Finance if both the banks and the National Asset Management Agency carry out separate valuations at enormous expense to the companies involved even in cases where these companies are repaying the loans; and if he will make a statement on the matter. [38653/11]

I assume the Deputy is referring to valuations of property which are an integral part of the due diligence process by which NAMA values loans being acquired from the participating institutions. I am informed by NAMA that the initial property valuation is commissioned and paid for by the institution. NAMA reviews this valuation and only in cases where it considers that the valuation is incorrect does it commission a ‘second opinion' valuation from another valuer. I am informed that valuations are referred for second opinion only in about one case out of every six valuations and that, in such cases, NAMA accepts the second valuation as binding.

I would also point out that the loan valuation methodology was approved by the European Commission on 26 February 2010.

Banks Recapitalisation

Shane Ross

Ceist:

42 Deputy Shane Ross asked the Minister for Finance if he will confirm that all amendments to methodologies and changes to formulas applied by the Central Bank of Ireland during the stress testing process were fully disclosed to and approved by the peer review team appointed by the European Banking Authoroity; and if he will make a statement on the matter. [38796/11]

Shane Ross

Ceist:

43 Deputy Shane Ross asked the Minister for Finance if he will confirm that the only way in which the methodology applied by the Central Bank of Ireland to the Irish banks in the July 2011 stress tests differed to that prescribed to other European banks participating in the exercise was to take account of the losses forecast by BlackRock; and if he will make a statement on the matter. [38797/11]

Shane Ross

Ceist:

44 Deputy Shane Ross asked the Minister for Finance if the BlackRock forecasts were the only criteria upon which amendments were made to methodologies applied in the stress tests of July 2011; if he will confirm in which other respects amendments were made; and if he will make a statement on the matter. [38798/11]

I propose to take Questions Nos. 42 to 44, inclusive, together.

In relation to the first question above (ref: 38796/11), the Deputy will note that this matter was addressed in my reply to his previous parliamentary question on the subject (ref: 35901/11 of 22 November 2011).

With reference to the remaining two questions (refs: 38797/11 & 38798/11), I am advised by the Central Bank of Ireland, that the European Banking Authority applied the following key differences in methodology to the Irish banks relative to their European peers that participated in the 2011 EU-wide bank solvency stress test:

Loan loss forecasts:

The BlackRock Solutions output were used for loan loss forecasts as opposed to the predefined methodology. This resulted in significantly higher estimated stress case losses for Irish banks relative to their European counterparts.

Deleveraging:

The estimated impact of losses resulting from asset disposal activities scheduled to occur within the stress testing horizon were taken into account. This resulted in significantly higher estimated losses for Irish banks relative to their European counterparts. Deleveraging also resulted in a reduction of future estimated Risk Weighted Assets, and consequently future estimated regulatory capital, over the time horizon of the test, which was not allowed for other participating banks.

Funding:

Irish, Greek and Portuguese banks were issued with separate cost of funds instructions to account for the impact of the sovereign spreads and external support programmes.

Illicit Trade in Tobacco

Michael Creed

Ceist:

45 Deputy Michael Creed asked the Minister for Finance if he has attempted to quantify the lost revenue due to illegal tobacco smuggling; the inter-agency efforts under way to address same; if he is satisfied that the level of financial fines imposed on those convicted is a sufficient deterrent in view the profit margins involved; and if he will make a statement on the matter. [38837/11]

I am informed by the Revenue Commissioners, who are responsible for the collection of tobacco products tax, and for tackling the illicit trade in cigarettes and tobacco, that there is no internationally recognised method for precisely determining the amount of tax lost as a result of the illicit trade in cigarettes. However, a survey commissioned by Revenue and the Office of Tobacco Control in 2009 estimated that 20% of cigarettes consumed in the State had not been taxed in this jurisdiction. The 20% figure was further broken down as 14% illicit product and 6% legally imported by passengers arriving into the State from other jurisdictions. Revenue and the Office of Tobacco Control commissioned a similar survey in the last quarter of 2010 and the results of this latest survey show a consistency with the 2009 figures i.e. 20% of all cigarettes consumed in the State were not taxed in the State with 14% again classified as illegal product and 6% classified as legal non-Irish duty paid product. Based on an estimate of 14%, the loss to the exchequer from illicit cigarette consumption during 2010 would be in the region of €250m (excise duty + VAT). A further survey is currently underway. The Commissioners inform me that they regard the tackling of the illicit tobacco trade as a high priority area. They have established a high level internal group, chaired at Commissioner level, to examine the risks related to tobacco products tax and to oversee and optimise the detection of contraband and counterfeit tobacco products. This group has promoted a number of initiatives aimed at counteracting the illicit trade in tobacco. These include adoption of a comprehensive tobacco strategy and action plan.

The strategy employed by Revenue to tackle this illicit trade is multi-faceted. It includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU and international basis, ongoing review of operational policies, development of analytics and detection technologies, optimum deployment of resources at point of importation and inland, in order to intercept the contraband product and to prosecute those involved.

Interception at the point of importation is achieved through a combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage and postal packages. Revenue enforcement officers also target this illicit trade at the post-importation level by carrying out intelligence-based operations and random checks at retail outlets, markets and private and commercial premises. In July 2010, Revenue launched a series of nationwide tobacco ‘blitz'-type operations, which concentrated additional Revenue resources at ports, airports and at various inland retail points, including markets for the purpose of identifying illicit tobacco products. To date, Revenue has conducted eight such national tobacco ‘blitz' operations resulting in the seizure of over 34m cigarettes and 1,383 kgs of tobacco. A ninth ‘blitz' operation is just completed and the seizure figures are not yet available. Revenue also carries out regular multi-agency operations, particularly in relation to large maritime importations and in checks at inland markets. Revenue also works closely with the European Anti- Fraud Office, OLAF, in their efforts at tackling the illicit sale of tobacco at an international level. Revenue also provides, and receives, intelligence from other Customs Administrations. This international cooperation, and sharing of intelligence and expertise plays an important role in combating illegal tobacco smuggling on the global scale.

With regard to the penalties available for prosecution of tobacco smuggling offences, the penalty on summary conviction for evasion of duty is

€5,000 and/or a term of imprisonment not exceeding 12 months. The penalty on indictment is up to €126,970 and/or a term of imprisonment not exceeding 5 years, or, where the value of the product concerned is greater than €250,000, up to three times the value of the products. The penalty of €126,970, which was sanctioned by the Oireachtas in the 2010 Finance Act, represents a significant increase on the previous monetary penalty of €12,695. These increased penalties are considered adequate.

In 2010, Revenue enforcement officers seized 178.3m cigarettes with a retail value of €75.3m and 3,342kgs of tobacco with a retail value of €1.2m. To date in 2011, a total of 97.07m cigarettes with a retail value of €40.9m and 11,213kgs of tobacco with a retail value of €4.02m have been seized.

In 2011 to date, Revenue has obtained 92 convictions relating to cigarette smuggling, with fines of €128,550 imposed and 29 custodial sentences, of which 19 were suspended. There were 47 convictions relating to the sale of unstamped tobacco products with fines of €96,350 imposed and 12 custodial sentences of which 7 were suspended.

The Deputy will appreciate that the precise penalty imposed on conviction in any individual case is solely a matter for the Courts and I do not propose to make any comment in that regard.

House Prices

Thomas Pringle

Ceist:

46 Deputy Thomas Pringle asked the Minister for Finance if he has concluded his discussions with the proposers of the offset debt method for addressing negative equity in family homes; when he commenced his exploration of this proposal; the number of meetings that have been held; the nature of these recent discussions; if there were any external consultations sought on the proposal; if he has reached a decision; if he will be proceeding with the proposal; when it will it be announced and if not, the basis for rejecting it; and if he will make a statement on the matter. [38885/11]

The Government is acutely aware of the increasing financial stress that some households are facing arising from the difficulty in meeting their mortgage commitments. It was for this reason that the Government took the significant step of establishing an Inter-Departmental Mortgage Arrears Working Group to consider further necessary actions. The Group's report was published in October 2011. The contents of the Group's report were discussed at length during the course of a Dail debate on the report. I intend to take account of the contributions of all Deputies in this debate as well as suggestions from a wide range of other stakeholders, interested groups and private individuals. As soon as all deliberations are considered, I will put proposals to Government on next steps, including an implementation mechanism to be driven by my Department.

Tax Code

Thomas Pringle

Ceist:

47 Deputy Thomas Pringle asked the Minister for Finance his plans to end the process in which large multiple retailers are profiting from VAT refunds on the below cost sale of alcohol when they reclaim the difference between the invoice price VAT and the sale price VAT levied; and if he will make a statement on the matter. [38887/11]

VAT is a tax on the value added to a supply and the collection and recovery of VAT takes place at each stage of the chain of supply from manufacturing to retailer. Under EU and domestic VAT rules traders who are registered for VAT collect VAT on the goods and services that they sell. In turn such traders are entitled to recover the VAT they incur on their business inputs used in the purchase or production of goods or delivery of services. Consequently, if there is a decrease in value at any stage in the process the trader is entitled to a refund of the excess of VAT incurred over that collected. In this regard, where a retailer is in a situation of net VAT gain as a result of below cost selling, this is not a loss to the Exchequer or an additional benefit to the retailer, it is merely how VAT is charged.

Tax Yield

Aengus Ó Snodaigh

Ceist:

48 Deputy Aengus Ó Snodaigh asked the Minister for Finance the moneys to date paid to companies who under the Finance Act 2009 availed of tax relief for research and development here but who had not paid enough tax to avail of the full amount and who claimed the difference as a payment from the Exchequer. [38918/11]

The Finance (No. 2) Act 2008 included amendments to Sections 766 and 766A Taxes Consolidation Act (TCA) 1997 to provide for companies to claim the research and development tax credit as a payable credit where there is insufficient Corporation Tax in the year of claim and the preceding accounting period to absorb the full credit. This change applies to accounting periods commencing on or after 1st January 2009. The credit is paid in 3 instalments over 33 months from the end of the accounting period. Amounts paid out by Revenue in respect of claims made on 2009 corporation tax returns, which is the latest year for which figures are available, are as follows:

Section 766 TCA 1997 — €31.3m in respect of 362 claimant companies

Section 766A TCA 1997 — €1.2m in respect of 23 claimant companies

These amounts represent first instalment payments, which is a third of the amount ultimately payable. The balance, if not absorbed by corporation tax liabilities for 2010 and 2011, is payable within 24 months of the time for payment of the first instalment.

Statistics for 2010 payable credit claims will not be available until mid-2012.

Tax Code

Michael Healy-Rae

Ceist:

49 Deputy Michael Healy-Rae asked the Minister for Finance if he will introduce a VAT refund for registered charitable non-profit organisations similar to the model operated by the Danish Government, which does not contravene European Union regulations; and if he will make a statement on the matter. [38986/11]

Charities and non-profit groups engaged in non-commercial activity are exempt from VAT under the EU VAT Directive, with which Irish VAT law must comply. This means they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services that they purchase. Essentially only VAT registered businesses which charge VAT are able to recover VAT. I appreciate the concerns of charities regarding the VAT issue and, as I indicated in the Seanad on 6 October 2011, I am prepared to have the matter examined by my officials in conjunction with the Revenue Commissioners and representatives of the charity sector. However, the examination of any options, including the Danish model referred to by the Deputy, must not only take into account the current demands on the Exchequer but also that charitable organisations are already in receipt of funding either directly or indirectly from the Exchequer, the existing tax relief scheme in respect of donations being just one example. Charities, voluntary and community groups, and sporting bodies also benefit significantly from grant schemes administered by a number of Government Departments.

Credit Availability

Michael Healy-Rae

Ceist:

50 Deputy Michael Healy-Rae asked the Minister for Finance if he will review a matter (details supplied) regarding loans; his plans to deal with this issue; and if he will make a statement on the matter. [38987/11]

The decision on whether or not to grant a loan to a borrower must remain a commercial decision for the lending institution concerned. It is important that each lending institution is allowed to assess properly and independently the risks that it is considering when deciding whether or not to approve a loan. The Government acts at arm's length from the lending institutions and does not consider it appropriate to direct an institution on such a matter as the provision of loans for the purchase of motor cars either from a main dealer or from a garage proprietor.

In-service Training

Mattie McGrath

Ceist:

51 Deputy Mattie McGrath asked the Minister for Education and Skills the annual cost to him of in-service training for primary teachers; the role the Teaching Council of Ireland plays in providing in-service training days; the annual budget for the Teaching Council of Ireland; the way the estimated €5.4 million paid to the Teaching Council of Ireland in teacher registration fees is being used; if the provision of in-service training days could be transferred from him to the Teaching Council of Ireland as a cost saving measure and provided for by the teacher registration fee; and if he will make a statement on the matter. [38308/11]

The Teaching Council Act 2001 (Section 39) enables the Teaching Council to review and accredit programmes relating to the continuing education of teachers. Planning for the commencement of the section is underway. The Teaching Council is self-funding. It raises its funds from, in the main part, teachers' initial registration and renewal of registration fees. The annual registration fee is currently €90.

The Council's current annual income is c.€6.6m. Its main costs are staff and administration, accommodation, registration, communication and education, and information technology. Each year the Council publishes an annual report on its activities which is laid before the House. The report also contains audited financial statements. The Council currently discharges a range of functions relating to initial teacher education and the setting of standards for the teaching profession. The annual cost (excluding salary) of continuing professional development for teachers is approximately €23.5m. Transfer of provision of this service to the Teaching Council would require a substantial increase in the annual registration fee payable by teachers if it were to be funded from within the Council's resources. I have no plans at present to ask the Council to fund and provide this service.

Disadvantaged Status

Michelle Mulherin

Ceist:

52 Deputy Michelle Mulherin asked the Minister for Education and Skills if a school (details supplied) is being considered in the ongoing evaluation of DEIS by the Educational Research Centre; when the evaluation report is expected to be finalised and published; and if he will make a statement on the matter. [38313/11]

There is a commitment under DEIS for ongoing evaluation of the programme to ensure successful implementation with the best possible approaches to measuring progress and outcomes at both local and national level. The focus of the present report is solely on reporting pupil achievement outcomes in urban primary schools participating in the School Support Programme under DEIS. The School to which the Deputy refers was not selected to participate in DEIS and therefore, is not being considered in the ongoing evaluation of DEIS. The Evaluation report is currently being finalised and will be published in the coming weeks.

School Staffing

Jonathan O'Brien

Ceist:

53 Deputy Jonathan O’Brien asked the Minister for Education and Skills his plans to cut second level teaching posts in County Cork over the next 12 months; and if he will provide details of same. [38324/11]

While difficult choices had to be made to identify savings across my Department's remit, the Government has gone as far as it could to protect front line services in 2012. The recent changes announced in the Budget were made within the context of bringing our overall public expenditure back into line with what we can afford as a country. The challenge is to ensure that the resources that are provided to schools are used by them to maximum effect in terms of providing an appropriate range of subjects to meet the needs of our knowledge economy and in delivering the best possible outcomes for all our pupils. My Department will be notifying schools of the impact of the budget changes in January, 2012.

Pupil-Teacher Ratio

Jonathan O'Brien

Ceist:

54 Deputy Jonathan O’Brien asked the Minister for Education and Skills the average number of students per teacher in each primary and secondary school in County Cork; and if he will make a statement on the matter. [38325/11]

The Statistics Section of my Department's website contains extensive information relating to the number of teaching posts in schools. The most recent information available relates to the 2010/2011 school year.

Statistical information in respect of the current school year is currently being compiled in my Department and is due for publication in September 2012.

Special Educational Needs

Clare Daly

Ceist:

55 Deputy Clare Daly asked the Minister for Education and Skills the reason €70 million was spent on the ABA pilot school, but no research was undertaken by him or the National Council for Special Education to evaluate the school’s effectiveness; the reason he cannot produce a list of the evidence and advice he received regarding the policy on the education of children with autism (details supplied). [38327/11]

As the Deputy will be aware my Department's policy on autism strives to ensure that a continuum of special education provision is available as required for children with special educational needs. In line with this approach the policy is to promote a child-centred approach to education of all children with special educational needs including those with autism. As each child with autism is unique they should have access to a range of different approaches to meet their individual needs.

Children with autism present with a wide range of needs. Some children are capable of being fully integrated into mainstream schools without additional teaching or care supports. Others are able to attend mainstream schools but need additional teaching and/or care assistance. Many are best enrolled in autism-specific classes where more intensive and supportive interventions are required. Some may move from one setting to another as they get older and differing needs/strengths/abilities emerge.

The preferred policy of my Department is that children with autism are educated in school settings where children may have access to individualised education programmes (IEPs), fully-qualified professional teachers, special needs assistants, the appropriate school curriculum with the option, where possible and appropriate, of full or partial integration and interaction with other pupils. This approach promotes the maximum level of inclusion which accords with the intent of the EPSEN Act. While some children may be able to attend a mainstream class, for others the most appropriate provision may be in a special class or unit in the school or in a special school.

This policy is based on advice received from international experts on autism, NEPS, the Inspectorate and the report of the Irish Task Force on Autism. In arriving at the preferred policy which is currently in place, my Department has considered published research, including the Report of the Task Force on Autism (2001) and the Evaluation of Educational Provision for Children with Autistic Spectrum Disorders (2006), both of which are available on my Department's website. My Department was also mindful of contributions of many others experts at international conferences/visits.

My Department supports some 450 special classes for autism attached to mainstream and special schools and 18 special schools for children with autism throughout the State which cater for the educational needs of some 5,000 children with autism.

The Deputy refers to the ABA pilot scheme which was funded by my Department for the past decade. The pilot scheme included 13 centres which were funded annually. In the last full year of the scheme, prior to the grant of recognition of the schools, the full cost of the scheme was approximately €11m which covered the costs of the 13 centres.

The pilot scheme was established in the absence of a network of school-based special classes for children with autism which is now available. The establishment of this network of autism-specific special classes in schools across the country to cater for children with autism has been a key educational priority in recent years. All 13 of the centres which participated in the pilot scheme have been granted recognition as special schools for children with autism. These schools will operate in line with my Department's policy. Following their recognition the new schools are currently progressing well in the transitional phase.

My Department's Inspectorate carried out an evaluation of all educational provision for children with autistic spectrum disorders some years ago. A copy of this report is available on my Department's website ww.education.gov.ie. Part of this review evaluated the centres funded under the ABA pilot Scheme.

Higher Education Grants

Pearse Doherty

Ceist:

56 Deputy Pearse Doherty asked the Minister for Education and Skills further to Parliamentary Question No. 41 of 26 October 2011, the reason County Donegal Vocational Education Committee uses mapping services to calculate distances using back roads when there is clearly no bus route available to students; his views that this is justifiable and the legislation that outlines these measures. [38328/11]

The guidance given to local authorities and VECs in relation to the application of the distance criterion for student grants is that the shortest, most direct route to the institution attended is measured. The implementation of this guidance is a matter for individual grant awarding authorities, which will be best positioned to interpret its application in the context of local circumstances.

Article 26 (3) (a) and (b) Student Grant Scheme 2011 (S.I. No. 305 of 2011) sets out the qualifying distance criterion for the non-adjacent rate of student grant and also empowers the grant awarding authority to determine the rate of grant applicable to individual eligible students in this regard.

Grant Payments

Brendan Griffin

Ceist:

57 Deputy Brendan Griffin asked the Minister for Education and Skills the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38337/11]

My Department provides limited financial support to a small number of community and voluntary groups across the country. Details of funding provided by my Department to such groups in Galway under the Back to Education Initiative and through FÁS Local Training Initiatives are outlined in the following table. In addition to the grants indicated in the following table, block grant funding is provided by my Department to Vocational Educational Committees for the Adult Literacy and Community Education Scheme. It is a matter for each VEC to determine how this funding is allocated at local level.

Funding allocated to community groups in Galway by Department of Education and Skills, 2011

Funding stream

Group

Funding 2011

Chair

Secretary

Treasurer

FÁS Local Training Initiative

Bealoideas Chois Fharraige, Inverin

€87,780.35

Morgan O Conchubhair

Noirín Ní Lochlainn

Noirín Ní Lochlainn

FAS Local Training Initiative

Aras Sorcha Ní Ghuairim, Carna

€59,564.75

Seamus Concheanann

Nora Uí Shuilleabhán

Nora Uí Shuilleabhán

FAS Local Training Initiative

Galway Family History, Shantalla

€74,676.77

Coilín Hernon

Nuala Silke

Coilín Hernon

FAS Local Training Initiative

East Galway FHS Ltd, Woodford

€75,000.58

B Keary

J Mannion

L Canning

FAS Local Training Initiative

South East Galway IRD Ltd, Portumna

€67,746.49

Ml Fogarty

A Finnerty

L Smith

FAS Local Training Initiative

South Mayo Family Research, Ballinrobe

€81,256.10

John Carthy

Brigid Clesham

Ruaidhri De Barra

FAS Local Training Initiative

Lake District Enterprises, Ballinrobe

€77,983.02

Martin Murphy

Declan O’Loughline

Declan O’Loughline

FAS Local Training Initiative

Togail, Galway City

€74,559.00

Tommy Flaherty

Louise Andrews

Tommy Flaherty

FAS Local Training Initiative

Loughrea History Project, Loughrea

€80,607.18

Mary Nix

Odette Fahy

Ursula Marmion

Back to Education Initiative

Comhairle Muintir an Chaiseal Teoranta

€17,418

Bridget McTavish

Sue Eldrid

Sue Eldrid

Back to Education Initiative

Brothers of Charity, Blue Teapot

€22,032

Michael Reen

Ann Geraghty

Ann Geraghty

Departmental Staff

Alan Farrell

Ceist:

58 Deputy Alan Farrell asked the Minister for Education and Skills the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38357/11]

Due to the number of employees and payroll systems across the education sector, providing detailed figures for the cost of increments in each specific year would involve a disproportionate administrative burden and would take very significant time to calculate. However, it is estimated that the value of increments in the education sector is approximately €82.5 million in a full year.

Physical Education Facilities

Michelle Mulherin

Ceist:

59 Deputy Michelle Mulherin asked the Minister for Education and Skills the position regarding permission to utilise football grounds at a college in Ballina, County Mayo in respect of a club (details supplied); and if he will make a statement on the matter. [38367/11]

I understand that Mayo VEC has drafted a licence agreement to facilitate the proposal referred to by the Deputy and has forwarded it to the club involved.

Site Acquisitions

Anne Ferris

Ceist:

60 Deputy Anne Ferris asked the Minister for Education and Skills the position regarding a school (details supplied) in County Wicklow; if he has identified any other available sites in County Wicklow that might be considered; and if he will make a statement on the matter. [38392/11]

I wish to advise the Deputy that officials from my Department have been in discussions with Co. Wicklow VEC regarding a permanent site for the school to which she refers. However, given the sensitivities associated with land acquisitions generally, I am not in a position to comment further at this time. The acquisition of a site and the delivery of the school building project will be considered in the context of the capital budget available to my Department for school buildings generally.

Higher Education Grants

Patrick O'Donovan

Ceist:

61 Deputy Patrick O’Donovan asked the Minister for Education and Skills if all student grant applications received by Mayo Vocational Education Committee for the 2011-12 academic year will be processed by Christmas; and if he will make a statement on the matter. [38434/11]

Patrick O'Donovan

Ceist:

62 Deputy Patrick O’Donovan asked the Minister for Education and Skills the number of student grant applications received by Mayo Vocational Education Committee for the current academic year that have been fully processed to date; the numbers approved and the numbers refused a student grant; and if he will make a statement on the matter. [38435/11]

Patrick O'Donovan

Ceist:

63 Deputy Patrick O’Donovan asked the Minister for Education and Skills the number of applications received this year for the student grant by Mayo Vocational Education Committee; the comparative figures for the number of applications received in the 2010-11 academic year; and if he will make a statement on the matter. [38436/11]

I propose to take Questions Nos. 61 to 63, inclusive, together.

Co. Mayo VEC has provided the statistical information sought by Deputy and this is contained in the following table.

The administration of the student grant application process is matter for the management of each grant awarding authority — in this case the Chief Executive Officer of the VEC. I am aware that the timing for processing student grants varies across the 66 grant awarding bodies depending on a number of factors including the volume of applications received, staffing resources and whether or not properly completed application forms have been submitted. Work prioritisation across different functions and how available staff are deployed to execute those functions by the management of the grant awarding authority also have a bearing as to when the process is completed in any given year. However, my Department constantly monitors the situation.

The Deputy will be pleased to know that plans are well underway to replace the 66 grant awarding bodies with one single authority and I have approved the appointment of the CDVEC to operate this centralised body.

The single authority will be operative from 2012 and I believe it will lead to a more efficient system for the processing of applications and improve the overall customer experience for those who apply for grants. I am sure the Deputy will agree this much needed overhaul of the grants system is a positive example of public sector reform.

New Applications

2010/11 As at 25/11/10

2011/12 As at 25/11/11

Number Received

1,538

1,553

Number Awarded Grant

581

573

Number Refused Grant

18

42

No. Awaiting Further Information

0

149

No. Yet to be processed

908

709

No. Cancelled/Withdrawn

31

43

No. Transferred to other Authority

0

37

Total

1,538

1,553

Renewals

Received and processed in full year

Number Received

1,167

1,231

Number Awarded

1,167

1,226

Departmental Expenditure

Michael McGrath

Ceist:

64 Deputy Michael McGrath asked the Minister for Education and Skills the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38461/11]

Based on an analysis of payments made by my Department to date in 2011 that were liable for VAT at the rate of 21%, it is estimated that the cost of a 2% increase in VAT in 2012 would be of the order of €64,000. This is based on the assumption of an equivalent level of expenditure in 2012 as in 2011. This estimate does not include expenditure made by schools and other bodies in the education sector that receive grant funding from my Department. The information sought is not readily available in respect of these bodies.

Schools Building Projects

Ann Phelan

Ceist:

65 Deputy Ann Phelan asked the Minister for Education and Skills the action he has taken to progress a new capital project replacement for an expanding school (details supplied) in County Kilkenny; if he is satisfied from the ensuing Department evaluation that this project falls in line with good forward planning practice; and if he will make a statement on the matter. [38530/11]

The school authority referred to by the Deputy has applied to my Department for major capital funding for a new school. The current status of all projects on the school building programme, including this school, may be viewed on my Department's website at www.education.ie and this will be updated regularly throughout the year.

The Government's Medium Term Infrastructure and Capital Investment Framework, which was published on 10th November 2011, sets out the demographic challenge facing the education system in the coming years. The priority now is to focus on major school projects and smaller projects devolved to schools to meet the demographic demands. The primary aim will be to ensure that every child will have access to a school place.

The Deputy will be aware that since 2009, my Department has invested in excess of €811,000 in the school in question towards the provision of accommodation and various capital works. It is expected that the existing accommodation will meet the needs of the school for the foreseeable future.

Special Educational Needs

Bernard J. Durkan

Ceist:

66 Deputy Bernard J. Durkan asked the Minister for Education and Skills if a laptop will be provided in the case a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38545/11]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants to schools to support children with special educational needs. SENOs also make recommendations to my Department where assistive technology is required. The NCSE operates within my Department's criteria in allocating such support. To date the NCSE have not forwarded a completed application to my Department recommending assistive technology equipment for this child.

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

Disadvantaged Status

Michael McCarthy

Ceist:

67 Deputy Michael McCarthy asked the Minister for Education and Skills if he will outline the qualification details for the DEIS programme in view of the fact that some schools are unsure of the way to qualify; and if he will make a statement on the matter. [38554/11]

The Deputy will be aware of the Comprehensive Expenditure Review that was undertaken in all government Departments at the request of the Minister of Public Service Expenditure and Reform. While a key priority for me is to continue to prioritise and target resources at schools with the most concentrated levels of educational disadvantage, the current economic climate and the challenge to meet significant targets on reducing public expenditure limits opportunities to provide for additionality under DEIS, including the selection of further schools.

Schools Building Projects

Joanna Tuffy

Ceist:

68 Deputy Joanna Tuffy asked the Minister for Education and Skills further to Parliamentary Question No. 84 of 24 November 2011, if he will confirm that this reply refers to a school (details supplied) in County Dublin; and if he will make a statement on the matter. [38601/11]

In preparing the answer referred to by the Deputy (Question No. 84 of 24 November 2011) my officials contacted the Deputy's office to seek clarification as there are two schools with the same name in that area of County Dublin. The answer provided on 24 November referred to the girls national school as identified by the Deputy's office. The details provided in respect of this school are correct.

The other school which is a mixed gender school is currently at tender stage.

Willie Penrose

Ceist:

69 Deputy Willie Penrose asked the Minister for Education and Skills if he will indicate the current stages of an application for a new primary school (details supplied) in County Longford; when it is likely to be approved to go to construction; and if he will make a statement on the matter. [38605/11]

The current status of all projects on the school building programme, including the school referred to by the Deputy, may be viewed on my Department's website at www.education.ie and this will be updated regularly throughout the year.

The Government's Medium Term Infrastructure and Capital Investment Framework, which was published on 10 November 2011, sets out the demographic challenge facing the education system in the coming years. The priority now is to focus on major school projects and smaller projects devolved to schools to meet the demographic demands. The primary aim will be to ensure that every child will have access to a school place.

I have previously committed to publishing a five year plan early in the new year outlining the school building projects to be constructed in that time.

Willie Penrose

Ceist:

70 Deputy Willie Penrose asked the Minister for Education and Skills if he will indicate the current stages of an application for a new primary school (details supplied) in County Westmeath; when it is likely to be approved to go to construction; and if he will make a statement on the matter. [38606/11]

The provision of a new building for the school to which the Deputy refers necessitates the acquisition of a site. I wish to advise the Deputy that a suitable site has been identified for the proposed school and my Department is working with the local authority to acquire this site.

When the site is acquired, a project for the school will be considered within the context of my Department's Multi-annual School Building and Modernisation Programme. In light of current competing demands on the capital budget of my Department and the demographic challenge facing the education system in the coming years, it is not possible to give an indicative timeframe for the progression of the project at this time.

Willie Penrose

Ceist:

71 Deputy Willie Penrose asked the Minister for Education and Skills if he will outline the current status of an application for a new primary school (details supplied); if same will be included as part of the capital allocation for 2012; and if he will make a statement on the matter. [38607/11]

The major building project at the school referred to by the Deputy was included in the Work Programme for 2011 announced last January. The Design Team are currently working on finalising the Stage 2(b) Submission (Detailed Design) which will then be submitted to my Department for review. Upon completion of Stage 2(b) the Design Team will submit the required documentation to the Department. Subsequently officials from my Department will be in contact with the Board of Management with regard to the further progression of the project.

I recently announced that I will be publishing a detailed plan on an annual basis in relation to planned expenditure on individual school major projects. The first of these in relation to 2012 expenditure will be published in December 2011. All school building projects currently in architectural planning will be considered in the context of these programmes, taking into account the funding available, the building costs involved and the progression of other major projects required to meet demographic needs.

Schools Refurbishment

John Deasy

Ceist:

72 Deputy John Deasy asked the Minister for Education and Skills when the minor repairs grant will be paid to a school (details supplied) in County Waterford. [38633/11]

I am pleased to inform the Deputy that all 3248 eligible primary and special schools received the Minor Works Grant for 2011/2012 at the end of November with a total grant of over €28m paid out. I can confirm that the school to which the Deputy refers is an eligible school and has been paid the grant.

Grant Payments

John Deasy

Ceist:

73 Deputy John Deasy asked the Minister for Education and Skills if he will provide details of the grants that are available for primary schools. [38634/11]

My Department provides funding to primary schools by way of per capita grants, which affords schools considerable flexibility in the use of these resources to cater for the needs of their pupils. A calendar of when these grants are issued to primary schools is available on the website of my Department at http://www.education.ie/servlet/blobservlet/pri_grant_calendar_2011.pdf.

Departmental Correspondence

Finian McGrath

Ceist:

74 Deputy Finian McGrath asked the Minister for Education and Skills if he will respond to correspondence (details supplied) regarding the internationalisation of Irish higher education. [38650/11]

The correspondence to which the Deputy refers raises concerns regarding the specific approach to internationalisation taken by a number of named higher education institutions, and with the international education strategy itself. Both the national strategy and the internationalisation policies of the institutions concerned have my support and confidence. No evidence is presented in the correspondence which would cause me to change that position. If the correspondent wishes to write to the international section of my Department setting out precisely what is the basis of his concern, and what his suggestions are for "a more effective course of action", I will ensure that appropriate consideration is given to his views.

Pupil-Teacher Ratio

Sandra McLellan

Ceist:

75 Deputy Sandra McLellan asked the Minister for Education and Skills the pupil-teacher ratio for schools (details supplied) for the years 2009, 2010 and 2011; his plans to reduce the ratio in 2012; and if he will make a statement on the matter. [38710/11]

Sandra McLellan

Ceist:

77 Deputy Sandra McLellan asked the Minister for Education and Skills the number of language support teachers employed at schools (details supplied) for the years 2009, 2010 and 2011; his plans to ensure that adequate language and special needs supports are in place in each of these schools in 2012; and if he will make a statement on the matter. [38712/11]

Sandra McLellan

Ceist:

78 Deputy Sandra McLellan asked the Minister for Education and Skills the average class size in schools (details supplied) for the years 2009, 2010 and 2011; his plans to reduce this figure in 2012; and if he will make a statement on the matter. [38713/11]

I propose to take Questions Nos. 75, 77 and 78 together.

The Statistics Section of my Department's website contains information relating to class size in primary schools. The information includes the number of pupils in each class, the number of pupils in each class size range and the number of teachers in each school. As you will be aware from the budget announcements yesterday, there is no increase in the general average of 28:1 for the allocation of classroom teachers at primary level. However, the staffing arrangements in schools for the 2012/13 school year can also be affected by changes in their enrolment, the impact of other budget measures and the reforms to the teacher allocation process. The reform of the allocation process is designed to bring a more equitable distribution of existing posts between schools so there will inevitably be some schools that will lose posts and some schools that will gain posts. My Department will be notifying schools in January of the new staffing arrangements for 2012/13 school year.

Capitation Grants

Sandra McLellan

Ceist:

76 Deputy Sandra McLellan asked the Minister for Education and Skills if he will provide the funding allocation and pupil numbers for schools (details supplied) for each of the years 2009, 2010 and 2011; the funding that will be made available in 2012; and if he will make a statement on the matter. [38711/11]

The school to which the Deputy refers is a recognised national school and attracts funding from my Department in the same way as all other recognised national schools.

All recognised national schools running costs are met by my Departments scheme of capitation and ancillary grants. Schools will receive capitation funding in January and June, and the ancillary services grant in March.

In addition, Gaelscoil Mhainistir Na Corann is a gaelscoil and as such attracts enhanced capitation.

Since 2010 schools also receive funding towards the costs of School Books.

School

Year

Funding

Enrolment

Cloyne B National School

2011

€72,036

207

Cloyne B National School

2010

€70,638

193

Cloyne B National School

2009

€68,382

189

Bun Scoil Muire

2011

€170,520

490

Bun Scoil Muire

2010

€184,266

506

Bun Scoil Muire

2009

€146,520

507

Gaelscoil Mhainistir Na Corann

2011

€134,707

362

Gaelscoil Mhainistir Na Corann

2010

€131,116

335

Gaelscoil Mhainistir Na Corann

2009

€116,535

304

Questions Nos. 77 and 78 answered with Question No. 75.

School Accommodation

Sandra McLellan

Ceist:

79 Deputy Sandra McLellan asked the Minister for Education and Skills his views on the current accommodation at a school (details supplied) in County Cork; his further views that the facilities at this school are appropriate and adequate; if this school will be included in the school building programme for 2012; the date on which that programme will be published; and if he will make a statement on the matter. [38714/11]

Sandra McLellan

Ceist:

82 Deputy Sandra McLellan asked the Minister for Education and Skills the funding streams which are available to a school (details supplied) in County Cork to carry out renovation and repair works to its premises; and if he will make a statement on the matter. [38717/11]

I propose to take Questions Nos. 79 and 82 together.

As the Deputy may be aware, my Department is in the process of acquiring a site for the school, in question, for the purpose of constructing permanent accommodation. In the meantime, grant aid is provided by my Department to the school authorities concerned for the rental of temporary accommodation to meet the school's interim accommodation requirements. In addition, as well as the standard capitation grant, the school also qualifies for the minor capital works grant, which issued to the school recently, towards the cost of any renovation and repair works. I have previously committed to publishing details this month of the school building projects to be constructed in 2012 and early in the new year, I will publish a five year plan outlining the projects to be constructed in that time.

Special Educational Needs

Sandra McLellan

Ceist:

80 Deputy Sandra McLellan asked the Minister for Education and Skills if children with special needs and those whose first language is not English are exempt from standardised numeracy and literacy tests, the way educators are supposed to fulfil the criteria to get the children assessed; and if he will make a statement on the matter. [38715/11]

The circulars issued to schools on standardised testing provide that students may be excluded from standardised testing if in the view of the school principal they have a learning or physical disability which would prevent them from attempting the tests or, in the case of migrant students, where the level of English required in the test would make attempting the test inappropriate. The exclusion provision is so that students are not exposed to negative experiences which would reinforce failure and low self-esteem for those who are clearly unable to take the test. It should be noted that while very low performance in a standardised English reading or mathematics test may signal a need for further exploration, the tests are not designed to diagnose disability. Where pupils are excluded from standardised testing, it is a matter for the school to arrange an appropriate alternative form of assessment, to provide supporting feedback to the pupils and to report to their parents on their achievement and progress. The exemption from national standardised testing does not and should not preclude the application by teachers of a range of tests, processes and practices used to assist in identifying whether special education needs exist in respect of a given pupil, in consultation with the learning support teacher and the school's assigned psychologist.

School Curriculum

Sandra McLellan

Ceist:

81 Deputy Sandra McLellan asked the Minister for Education and Skills the research and evidence which supports the approach taken to literacy and numeracy education at primary school level; his views that the evidence from the USA and UK that standardised testing has resulted in poorer performance compared with the continuous assessment model as employed in Finland, for example, is significant; and if he will make a statement on the matter. [38716/11]

One of the key goals contained in the Programme for Government is to raise educational standards in literacy and numeracy at both primary and post primary education. That is why I have prioritised the publication and implementation of the National Literacy and Numeracy Strategy 2011-2020 since becoming Minister for Education & Skills. Despite increased investment in education in recent years, Ireland's performance in mathematical and reading literacy declined in the 2009 PISA study. The National Literacy and Numeracy Strategy 2011-2020 is underpinned by extensive consultations and engagement with a wide range of stakeholders, and the submissions include bibliographies and summaries of research which are published on my Department' website. In addition, the Educational Research Centre has published a detailed study of Standardised Testing in Lower Secondary Education commissioned by the NCCA, and this report clearly highlights both the benefits of standardised testing and the negative consequences which can arise if the results are used in a high stakes context. The Literacy and Numeracy Strategy sets out a comprehensive range of actions designed to strengthen literacy and numeracy in our schools. These include curriculum reform, extensive professional development for teachers, extending the duration of initial teacher education, improved school leadership and self evaluation, and actions with parents to support their children's learning. Standardised testing has been widely used in schools for a considerable number of years as one of a range of assessment approaches to support teaching and learning. Such testing has key benefits in identifying early children who may need additional support, providing summative information on students' progress vis a vis national trends, benchmarking the other assessment approaches used by the class teacher, guiding students' learning, and assisting school planning and evaluation. The Literacy and Numeracy Strategy provides for a further strengthening of this process and for reporting of results to parents, but gives a clear commitment that data will not be used for the compilation of league tables. The measures are designed to ensure a balanced approach to measuring and enhancing students' progress in this critical area.

Question No. 82 answered with Question No. 79.

Special Educational Needs

Sandra McLellan

Ceist:

83 Deputy Sandra McLellan asked the Minister for Education and Skills his position with regards to the review process of special needs assistants’ allocated hours whereby the opinion of an educational psychologist can be overruled by a special education needs organiser; and if he will make a statement on the matter. [38718/11]

Sandra McLellan

Ceist:

85 Deputy Sandra McLellan asked the Minister for Education and Skills if he will review the case of a person (details supplied) in County Cork; and if he will allocate a full-time equivalent special needs assistant based on the recommendations of their educational psychologist. [38720/11]

I propose to take Questions Nos. 83 and 85 together.

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 Deputy should note that SENOs are professionals who hold relevant qualifications and have considerable practical expertise in the assessment of children with special educational needs and have first hand experience of what supports a child and his or her school requires.

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. This number is 10,575 whole time equivalent (WTE) posts. I wish to clarify that the EPSEN and Disability Acts set out clearly the role and functions of the NCSE and the HSE and their staff in carrying out assessments and with regard to the provision of services for children with special educational needs. Responsibility for deciding on the quantum of educational supports and resources to be allocated to schools, or to individual pupils, rests with the NCSE in accordance with DES policy.

Whereas health reports provide valuable assistance to education providers in identifying a diagnosis or identifying appropriate interventions, health staff are asked not to include references to the specific quantum of educational resources in their reports, but should state the outcome of tests carried out and the range of needs of the child as clearly as possible. 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 school in question has been allocated 2.83 SNA posts and 72.9 Resource Teacher hours for the current school year. 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. The NCSE has retained a number of SNA posts in order to allocate them over the remainder of the school year in respect of emergency cases, new diagnosis, or appeals by schools. Should a school seek to have their SNA provision reviewed or make a new application, they should contact the NCSE in this regard. It is expected that schools, before requesting any review of their SNA provision, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect.

School Accommodation

Sandra McLellan

Ceist:

84 Deputy Sandra McLellan asked the Minister for Education and Skills if a suitable site has been identified for new accommodation in respect of a school (details supplied) in County Cork; when building work will begin there; the date on which the new accommodation will be ready to move into; and if he will make a statement on the matter. [38719/11]

As the Deputy will be aware, the area in Co. Cork in which the school to which she refers is located, has been identified as one of the areas projected to experience a significant increase in demand for school accommodation in the coming years and the requirements of the school in question are being considered in this context. My Department is in the process of acquiring, subject to planning, a site in the area which is suitable for the construction of a new school building. Planning permission was received for a school building on the site but has been appealed to An Bord Pleanála and the appeal's outcome is awaited. If planning permission is secured, the acquisition of the site and the delivery of a school building project will then be considered in the context of the capital budget available to my Department for school buildings generally.

Question No. 85 answered with Question No. 83.

School Staffing

Sandra McLellan

Ceist:

86 Deputy Sandra McLellan asked the Minister for Education and Skills if he will detail the staffing levels at schools (details supplied) for the years 2009, 2010 and 2011; the number of staff who took maternity leave during that period; the number of maternity leave posts which became available during that period; the number of maternity leave posts that were filled in that period; and if he will make a statement on the matter. [38721/11]

The Statistics section of my Department's website contains data at individual primary school level in county order for the 2010/2011 school year. The information includes the number of mainstream class teachers and pupils in each primary school. The details for the current school year (2011/2012) are currently being compiled by my Department and will be published in September 2012. Unlike most other areas of the public service teaching vacancies, including those arising due to maternity leave absences, continue to be filled in the normal manner. My Department does not maintain statistical data on the absences referred to by the Deputy. My Department's focus is on implementing the budget measures announced yesterday and I do not propose to divert scarce staffing resources to deal with the individual type queries from the Deputy.

Departmental Agencies

Sandra McLellan

Ceist:

87 Deputy Sandra McLellan asked the Minister for Education and Skills the measures he has taken to increase the efficiency and minimise duplication of function of the agencies operating under his aegis since coming into office; and if he will make a statement on the matter. [38722/11]

With regard to agencies under the aegis of my Department the Deputy should note that:

Since September 2011, the National Centre for Technology in Education (NCTE) is 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.

Since June 2011, the functions of the National Educational Welfare Board transferred to the newly established office of the Minister for Children and Youth Affairs. As the Deputy is aware my colleague the Minister for Public Expenditure and Reform is leading the development of a new integrated public service reform plan, details of which were announced on 17th November. With regard to bodies under the aegis my Department the following tasks have been identified for rationalisation:

The establishment of the Qualifications and Quality Assurance Authority of Ireland (QQAAI) which involves merger of the National Qualifications Authority of Ireland (NQAI), the Further Education and Training Awards Council (FETAC) and the Higher Education and Training Awards Council (HETAC). The establishment of QQAAI will result in savings to the Exchequer. It should be noted that NQAI, HETAC and FETAC have already delivered very significant savings since the announcement of the amalgamation in October 2008 through implementation of the moratorium and through expenditure reduction across their range of activities. The bodies' exchequer allocation for current expenditure in 2011 (€8.823m) is approximately 30% lower than outturn in 2008. Further savings to the Exchequer of €1 million per annum will be achieved over time through further staff reductions in accordance with the Employment Control Framework, through rationalised corporate structures and supports and through integration of services.

The replacement of the 33 Vocational Education Committees (VECs) with 16 Education and Training Boards (ETBs). The ETBs will take over the work of VECs and will have an expanded role in the delivery of further education and training across the country. It is estimated that this rationalisation project will yield a saving of €3m over time.

The merger of the Irish Research Council for Science, Engineering and Technology & the Irish Research Council for the Humanities and Social Science into a consolidated single Council under the Higher Education Authority.

The Deputy will also be aware that a number of other major structural reform projects are being progressed in the Education sector. These are: The establishment of SOLAS, the new agency to reform, co-ordinate and fund further education and training programmes including developing a seamless interaction with the National Employment and Entitlement Service (NEES) on activation measures. A Single awarding authority for student grants — The City of Dublin VEC will operate as the new single student grant awarding authority to replace the existing 66 grant awarding bodies. Implementation of the new arrangements are being phased in from the 2012/13 academic year. The consolidation of Higher Education provision will take place under the Strategy for Higher Education to 2030.

It is also proposed to dissolve the Education Finance Board on the establishment of the Residential Institutions Statutory Fund. I intend to publish the necessary legislation at the earliest opportunity.

School Staffing

Emmet Stagg

Ceist:

88 Deputy Emmet Stagg asked the Minister for Education and Skills the reason a request was not responded to in respect of a person (details supplied) in County Kildare. [38805/11]

My Department has requested additional information from the teacher referred to by the Deputy. Staff of the Primary Payroll Division will deal with the request as soon as the information is received.

Emmet Stagg

Ceist:

89 Deputy Emmet Stagg asked the Minister for Education and Skills in view of circular 007/2010, which classified that all staff employed by a recognised school on the vocational education committee come within the definition of public servant, regardless of the source of the money used to fund their salary, and further to circular 0040/2011, which outlines new pay rates for all teachers appointed after 1 January 2011, if he will accept that in natural justice teachers who worked as substitute teachers in 2010 and who were paid by the school board of management should not be regarded as new appointees under circular 0040/2011 and in the specific case of a person (details supplied) in County Kildare, if he will clarify that they are not a new appointee under circular 0040/2011. [38806/11]

The person referred to by the Deputy is regarded as a new appointee to teaching under the terms of Circular 0040/2011. The terms of that Circular apply only to personnel who are paid on payrolls operated by my Department or by Vocational education Committees and not to personnel employed and paid by an individual school managerial authority. The specific category of employees referred to in Circular 007/2010 are also paid on payrolls operated by my Department or by Vocational Education Committees. Circular 007/2010 does not classify that all staff employed by a recognised school come within the definition of public servant.

Departmental Expenditure

Patrick Deering

Ceist:

90 Deputy Pat Deering asked the Minister for Education and Skills his capital budget for the next five years for County Carlow schools and County Kilkenny schools separately. [38819/11]

The Government's Medium Term Infrastructure and Capital Investment Framework published on the 10th of November includes an allocation for education capital of just over €2.2bn over the five years of the plan — an average annual allocation of just over €440m.

Total enrolment in both primary and post-primary schools is expected to grow by almost 70,000 between now and 2018 (over 45,000 at primary level and 25,000 at post primary) and will continue to grow up to at least 2024 at post-primary level. The priority now is to focus on major school projects and smaller projects devolved to schools to meet the demographic demands. The primary aim will be to ensure that every child will have access to a school place.

It is within this context that earlier this year I announced that up to 40 new schools are to be established nationally within the next six years, comprising of twenty new primary schools and twenty new post-primary schools. The current status of all projects on the school building programme including the projects for the areas referred to by the Deputy may be viewed on my Department's website at www.education.ie and this will be updated regularly throughout the year.

I have previously committed to publishing details of the 2012 school building programme this month. Early in the new year, I will publish a five year plan outlining the projects to be constructed in that time.

School Accommodation

Catherine Murphy

Ceist:

91 Deputy Catherine Murphy asked the Minister for Education and Skills if primary school classrooms designed and delivered in recent times will be large enough to accommodate larger class sizes; the design standard that is currently being used; and if he will make a statement on the matter. [38908/11]

In the provision of major extensions/new school buildings it is the current practice of my Department to use a guideline of 80sq. metres as a standard size of a general primary school classroom. This space allows for the inclusion of two en suite toilets and in-room storage.

80 sq. metres is considered to be the optimum size of classroom in a new primary school. This size was determined by studies carried out by my Department in line with international best practice and is sufficiently large to comfortably cater for schools' needs.

Schools Building Projects

Robert Troy

Ceist:

92 Deputy Robert Troy asked the Minister for Education and Skills the position regarding schools (details supplied) in County Westmeath. [38913/11]

The following is the position relating to the schools listed by the Deputy:

School No: 1 - I can confirm that the school has presented a proposal to my Department to relocate to alternative accommodation. The proposal is currently being considered and a decision will be conveyed to the school authority in due course.

School No: 2 - The current status of all projects on the school building programme, including the school referred to by the Deputy, may be viewed on my Department's website at www.education.ie and this will be updated regularly on an ongoing basis.

School No: 3 - A major building project at this school was included in the Work Programme for 2011 announced last January. The Design Team are currently working on finalising the Stage 2(b) Submission (Detailed Design) which will then be submitted to my Department for review. Upon completion of Stage 2(b), the Design Team will submit the required documentation to the Department. As the Deputy may be aware, the Government's Medium Term Infrastructure and Capital Investment Framework, which was published on 10th November 2011, sets out the demographic challenge facing the education system in the coming years. The priority now is to focus on major school projects and smaller projects devolved to schools to meet the demographic demands. The primary aim will be to ensure that every child will have access to a school place.

I recently announced that a school building construction programme for 2012 will be published this month and that a 5 year construction programme will be announced early in 2012.

Robert Troy

Ceist:

93 Deputy Robert Troy asked the Minister for Education and Skills the position regarding a school (details supplied) in County Longford. [38914/11]

The building project for the school referred to by the Deputy was included in the School Building Work Programme announced on 24th January 2011. It was one of a number of schools announced to secure planning permission with a view to preparing tender documents.

The Design Team are currently working on Stage 2(b) of Architectural Planning which includes the preparation of tender documents. All statutory approvals (Planning Permission, Fire Certificate and Disability Access Certificate) have been granted. Upon completion of Stage 2(b) the Design Team will submit the required documentation to the Department. Subsequently my Department will be in contact with the Board of Management with regard to the further progression of the project.

Pupil-Teacher Ratio

Charles Flanagan

Ceist:

94 Deputy Charles Flanagan asked the Minister for Education and Skills the number of two-teacher schools in County Laois; the number of pupils currently attending therein; and if he will make a statement on the matter. [38967/11]

Charles Flanagan

Ceist:

95 Deputy Charles Flanagan asked the Minister for Education and Skills the number of two-teacher schools in County Offaly; the number of pupils currently attending therein; and if he will make a statement on the matter. [38968/11]

I propose to take Questions Nos. 94 and 95 together.

The Statistics Section of my Department's website contains extensive data in relation to primary schools. The most recent information available relates to the 2010/2011 school year.

Statistical information in respect of the current school year is currently being compiled in my Department and is due for publication in September 2012.

Departmental Expenditure

Brendan Smith

Ceist:

96 Deputy Brendan Smith asked the Minister for Education and Skills if he will give detailed consideration to the issues raised in correspondence (details supplied); and if he will make a statement on the matter. [38997/11]

While difficult choices had to be made to identify savings across my Department's remit, the Government has gone as far as it could to protect front line services in 2012. The recent changes announced in the Budget were made within the context of bringing our overall public expenditure back into line with what we can afford as a country. The challenge is to ensure that the resources that are provided to schools are used by them to maximum effect in terms of providing an appropriate range of subjects to meet the needs of our knowledge economy and in delivering the best possible outcomes for all our pupils.

My Department will be notifying schools of the impact of the budget changes in January, 2012.

Schools Building Projects

Bernard J. Durkan

Ceist:

97 Deputy Bernard J. Durkan asked the Minister for Education and Skills if in view of the criterion laid down by the relevant section of his Department relating to the provision of secondary schools in general and particularly the proposal to build two post-primary schools at Maynooth, County Kildare, if it is intended to have regard for parental or local choice; if the junior senior cycle proposal on campus as favoured by the existing parent teacher association is likely to be considered, favoured or rejected; if the said criterion excludes any particular or specific structure or structures, management or otherwise, in respect of the proposed schools; if it is intended that the schools fall under existing or alternative patronage; if the patronage representation at schools in the surrounding area is likely to be a consideration in such issues; and if he will make a statement on the matter. [39004/11]

A replacement school building for the existing VEC post-primary school in Maynooth has been approved.

Earlier this year I also published details of new procedures and criteria for the establishment of new second level schools and of the process for determining the patronage of such new schools. I also announced details of 20 new second level schools that would need to be established between 2012 and 2017 to meet our increasing demographics. As the Deputy will be aware, Maynooth is one of the areas where a new 1,000 pupil second level school is to be established. Applications for patronage of any of the new second level schools, including the new school in Maynooth, would need to relate to the provision of a full curriculum through from first year to sixth year. This is one of the key requirements of the process. In the case of the Maynooth school the main medium of instruction will be English. The closing date for receipt of applications for patronage of the new second level schools is Friday, 24th February 2012. My Department will prepare a report on these applications for the consideration of the New Schools Establishment Group who will submit a report to me for final consideration and decision.

Details of the new arrangements for patronage of new schools and the criteria for deciding on patronage of these new schools is available on my Department's website, www.education.ie.

Both new school buildings will be located on one campus and responsibility for the delivery of the buildings has been devolved to County Kildare Vocational Education Committee. I understand the VEC is in the process of appointing a Design Team.

Special Educational Needs

Terence Flanagan

Ceist:

98 Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding the implementation of recommendations at a school (details supplied) in Dublin 13; and if he will make a statement on the matter. [39007/11]

The Deputy will be aware that the National Council for Special Education (NCSE) is responsible for the provision of a range of educational services at local and national level for students with special educational needs. In particular, its network of Special Education Needs Organisers (SENOs) co-ordinates special needs education provision at local level and arranges for the delivery of special educational services. The SENOs act as single points of contact for parents of students with special educational needs. Another specific function of the SENO is to identify appropriate educational placements for children with special educational needs. SENOs are a valuable source of support to parents who are actively sourcing a placement for their children. The NCSE has been fully engaged in securing placement options for the child in question.

The purpose of the Home Tuition Scheme is to provide a compensatory educational service for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement and also to provide early educational intervention for pre-school children with autism.

Home tuition was approved for the child in question by my Department from the start of the school year until the end of September 2011 as there was no available placement. Home Tuition was subsequently extended until 14th October 2011, for the purpose of completing the enrolment process. My Department subsequently extended the provision of home tuition until 9th December to facilitate transitional arrangements regarding the enrolment of this child in the school in question.

I wish to advise the Deputy that the Board of Management of the school in question committed to fully implementing the recommendations of both the HSE and a subsequent DES report which was prepared subsequent to a review of the school by a member of the Department's inspectorate and an Educational Psychologist. My Department has remained in regular contact with the Principal and the Board of Management of this school. The Board of Management of the school has advised DES that all recommendations have been or are being implemented in full. My Department will continue to closely monitor progress in this regard.

Departmental Agencies

Seán Kenny

Ceist:

99 Deputy Seán Kenny asked the Minister for Education and Skills the number of permanent, temporary and agency staff by grade currently working in the Baldoyle FÁS centre, Dublin. [39012/11]

There are no agency staff working in Baldoyle Training Centre.

Below is a listing of all permanent staff based in Baldoyle Training Centre by Unit and Grade.

In addition to the listing below there is one temporary Grade 11 in Training Services; this contract will finish on the 16th December 2011.

Grade

Total of Staff by Grade

6

1

7

5

8

54

10

3

11

24

13

4

Total Of Staff in each Unit

91

Third Level Staff

Seán Kenny

Ceist:

100 Deputy Seán Kenny asked the Minister for Education and Skills the number of employees across the third level sector earning €150,000 or more; and the number earning over €200,000 or more. [39013/11]

The information sought by the Deputy is as follows: The number of employees earning €150,000 & less than €200,000 is 105. The number currently earning €200,000 or more is 103. The Deputy will be aware that the Government has sought to achieve a pay ceiling of €200,000 per annum within the public sector. Of the 103 earning over €200,000 per annum, 94 are Academic Medical Consultants, remuneration for whom falls in the main within the remit of the Minister for Health. The Deputy will be aware that any changes to the terms and conditions of these 94 consultants will have to be considered in the context of the Minister for Health's approach towards the remuneration of all medical consultants 4 of the remaining appointments are Heads of Universities and the remaining 5 were appointed under a Framework provided for in Section 25(5)(a) of the Universities Act, 1997.

Remuneration in the case of these ‘Framework appointments' is not subject to Ministerial sanction, and having regard to the Act, a pay ceiling may not be imposed. This Framework is being reviewed at present at my request. Since becoming Minister for Education and Skills, I have personally written to the Chairpersons of the University Governing Bodies requesting them to ask those individuals who earn in excess of the pay ceiling of €200,000 to make voluntary waivers of salary. Details of the methodology of how such voluntary waivers are to be effected were issued by my Department at the end of October 2011. Given the short time since the arrangements were notified I think it is reasonable to allow some time for this matter to be concluded, but I can assure the Deputy that I am keen to ensure progress is made on this important issue in the coming period.

Departmental Staff

Nicky McFadden

Ceist:

101 Deputy Nicky McFadden asked the Minister for Public Expenditure and Reform the total pay, benefits and claimed expenses of the Information Commissioner in the years 2008, 2009 and 2010 and the relevant pension and or lump sum arrangements that will be applicable on completion of the current term; the total pay, benefits and claimed expenses of the Commission for Environmental Information, if additional to the above, in the years 2008, 2009 and 2010 and the relevant pension and or lump sum arrangements that will be applicable on completion of the current term; the total pay, benefits and claimed expenses of the Ombudsman for the Public Service in the years 2008, 2009 and 2010 and the relevant pension and or lump sum arrangements that will be applicable on completion of the current term. [38320/11]

For the purposes of PQ number 38320/11, I have taken "the total pay, benefits and claimed expenses of the Information Commissioner" to refer to the Ombudsman/the Information Commissioner/the Commissioner for Environmental Information. The Ombudsman was appointed to her roles as Ombudsman and Information Commissioner with effect from 1 June 2003 for a period of 6 years and was subsequently re-appointed for a second term. In May 2007, the Ombudsman was appointed to the additional role of Commissioner for Environmental Information. There was no additional remuneration or benefits associated with this appointment and she was not entitled to any additional expenses through her being assigned this additional role. The Ombudsman is also an ex-officio member of the Standards in Public Office Commission, the Constituency Commission and Referendum Commission (when in existence), and she carries out these roles without additional remuneration.

Section 3(1) of the Ombudsman Act, 1980 provides that the Ombudsman shall receive the same remuneration and allowances for expenses as are paid to a judge of the High Court. Therefore, the pay levels for the Ombudsman were as follows: €231,366 with effect from 1 January 2008; €237,151 with effect from 1 March 2008; €243,080 between 1 September 2008 and 1 January 2010. As a result of the Financial Emergency Measures in the Public Interest (No. 2) Act, 2009, the salary of the Ombudsman was reduced by 15% to €206,618 with effect from 1 January 2010. The Ombudsman is also subject to the pension related deduction imposed upon all public servants with effect from 1 March 2009 under the terms of the Financial Emergency Measures in the Public Interest Act, 2009.

The Ombudsman also participated in the voluntary surrender of pay scheme which was introduced with effect from 1 November 2008. The figures in the paragraph above do not reflect this reduction. Most recently, as a result of taking a voluntary cut in remuneration, the salary of the Ombudsman is now at €200,000 p.a. The effect of a legislative amendment provided for in the Financial Emergency Measures in the Public Interest (Amendment) Bill 2011 which is currently before the Oireachtas is that the current statutory link with that of a High Court Judge for salary purposes for new appointees to the position of Ombudsman will be removed.

In addition to pay, the Commissioner is in receipt of an annual expense allowance in line with the judicial allowance paid to a judge of the High Court. In this regard, she received an allowance of €8,701 in 2008, €9,057 in 2009 and €9,057 in 2010.

Her vouched expenses for 2008 were €3,110, €10,353 in 2009 and €6,009 in 2010. These encompass out of pocket air travel, subsistence, mileage, telephone and other expenses associated with carrying out all of her various roles.

The pension arrangements for the Ombudsman are in accordance with those of judges of the High Court. The Ombudsman is a member of the Ombudsman Superannuation Scheme, 1987 and the Ombudsman (Spouses' and Children's) Contributory Pension Scheme, 1989, in accordance with statutory instruments S.I. 70 of 87 and S.I. 269 of 89 respectively. These contain details of all of her entitlements under the scheme. Section 4(1) of S.I. 70 of 89 provides:

"4(1) A member who—

(a) having completed at least 5 years' actual service as Ombudsman and being aged 67 years, retires from that office, or

(b) so retires on medical grounds in accordance with paragraph 6 of this Scheme, or

(c) having held office as Ombudsman for not less than 6 years and being eligible and available for reappointment to that office, is not reappointed thereto, or

(d) retires or resigns from the office of Ombudsman having completed not less than 15 years' actual service as Ombudsman and being aged 65 years or more,

shall be awarded and paid by the Minister a pension of an amount per annum calculated at the rate of 1/30th of the amount of his pensionable remuneration for each year of his pensionable service, subject to a maximum of 15/30ths, and a gratuity of an amount calculated at the rate of 1/20th of the amount of his pensionable remuneration for each year of his pensionable service, subject to a maximum of 15/20ths:

provided, however, that in the case of a member who, having held office as Ombudsman for only one term of 6 years and being eligible and available for reappointment to the office for a second such term, is not reappointed, the amount of the gratuity aforesaid shall be equal to ½ of the amount of his pensionable remuneration."

In accordance with the terms of the Ombudsman (Spouses' and Children's) Contributory Pension Scheme, 1989, the spouse's and children's contribution is 4 % of remuneration, rather than the standard 1.5%.

On completion of her current term, the Ombudsman will have undertaken 12 years' service.

Flood Relief

Paschal Donohoe

Ceist:

102 Deputy Paschal Donohoe asked the Minister for Public Expenditure and Reform if he will ascertain from the Office of Public Works when works will commence on a flood mitigation proposal (details supplied) in County Mayo; and if he will make a statement on the matter. [38433/11]

The Office of Public Works (OPW) is continuing to develop a proposal for mitigation works in consultation with the National Parks & Wildlife Service (NPWS), regarding flood protection for the Roundfort-Hollymount area, while taking account of its environmental sensitivity and status.

This is a complex proposal entailing assessment of levels and flows from the turloughs in order to design appropriate works. This assessment is ongoing at present.

Once the data required is compiled and verified, the OPW will revert to the NPWS. It is not possible at this stage to indicate when works will commence.

Anne Ferris

Ceist:

103 Deputy Anne Ferris asked the Minister for Public Expenditure and Reform if a decision has been made on the release of funding for the Bray flood relief scheme; and if he will make a statement on the matter. [38510/11]

The Office of Public Works (OPW) has already provided substantial funding to Bray Town Council, which has allowed the council to bring the flood relief scheme through the design stage and the procurement of a civil works contractor.

I am pleased to inform the Deputy that the Bray Flood Relief Scheme will be part of the 2012 announcement that I intend to set out on Friday of this week.

Graduate Support Schemes

Olivia Mitchell

Ceist:

104 Deputy Olivia Mitchell asked the Minister for Public Expenditure and Reform if the Office of Public Works Royal Institute of Architects of Ireland architectural graduate training scheme is still in operation; the number of students who have applied; if further positions are likely to be offered on this scheme; if clarity could be given in respect of current applicants; and if he will make a statement on the matter. [38878/11]

The Office of Public Works sponsors a post-graduate architect training scheme to provide practical experience for graduate architects wishing to prepare for the Royal Institute of the Architects of Ireland (R.I.A.I.) (NUI) examination in professional practice or RIBA Part 3 examinations. The training programme is available for up to a maximum of thirty graduates for a period of three years. This Office currently has twenty-two graduates on the training programme, including seven from the most recent competition run by the R.I.A.I. While eight graduates were placed from the last competition, one decided to leave and was replaced by the next on the panel. There are currently five applicants remaining on the panel and these will be placed on the programme as and when the work programme permits and resources permit.

Freedom of Information

Thomas Pringle

Ceist:

105 Deputy Thomas Pringle asked the Minister for Public Expenditure and Reform when the Property Registration Authority will be brought under the Freedom of Information Act; if the legislation to do this had been prepared for the Land Registry to be taken under the Act; the reason that this had not been implemented; and if he will make a statement on the matter. [38895/11]

My Department is carrying out preparatory work to implement the commitments in the programme for Government. When this work is complete I will bring proposals to Government in relation to the Freedom of Information Acts. These proposals will include the proposed extension of the provisions of the Freedom of Information Acts to the Property Registration Authority.

Garda Stations

Seán Kenny

Ceist:

106 Deputy Seán Kenny asked the Minister for Public Expenditure and Reform the budget allocated for the refurbishment and extensions to Garda stations for the years 2008, 2009, 2010 and to date in 2011; and the amount spent in each of these years. [39009/11]

The total spent on Garda Station refurbishments/extensions for the years in question is:

Year

Amount

2008

€8.079m

2009

€4.944m

2010

€5.398m

2011 to date

€7.039m

These figures do not include expenditure on new build Garda Stations or works of a maintenance nature.

Grant Payments

Brendan Griffin

Ceist:

107 Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38344/11]

My Department has no function in this particular matter.

Departmental Staff

Alan Farrell

Ceist:

108 Deputy Alan Farrell asked the Minister for Public Expenditure and Reform the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38364/11]

As legislation was enacted in July 2011 to establish my Department, I am not in a position to provide relevant details for the period prior to then. However, 43 staff members in my Department have had increments paid to date.

It is not possible to provide the Deputy with the number of increments that will be paid in 2012 as payment of increments is subject to sick leave and punctuality requirements in addition to receipt of the appropriate annual rating under the Performance Management and Development System 2011.

Departmental Expenditure

Michael McGrath

Ceist:

109 Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38468/11]

Since its establishment in July 2011, my Department has operated a shared service arrangement with the Department of Finance in respect of certain goods and services acquired by one, or other, of the Departments. I understand that the Minister for Finance will provide the estimate requested by the Deputy using 2010 as a reference year and that will cover both Departments.

Pension Provisions

Robert Dowds

Ceist:

110 Deputy Robert Dowds asked the Minister for Public Expenditure and Reform the progress he is making in terms of curbing high public service pensions; and if he will make a statement on the matter. [38587/11]

As the Deputy will know, there have been several retrenchments in public service pension conditions which have applied to serving staff and current pensioners in recent years. The Financial Emergency in the Public Interest Act 2009 introduced a pension-related deduction amounting to some 7% of pay on average, while the Financial Emergency in the Public Interest (No. 2) Act 2009 reduced pay by a similar proportion and legislated for a "grace period" within which pensions would not be affected by this cut. This period is due to expire on 29 February 2012.

In addition, the Financial Emergency in the Public Interest Act 2010, which is also part of the EU-IMF Programme, imposed a Public Service Pension Reduction on public service pensions in payment and for those who retire before the end of the "grace period", amounting to 4% on average. For those retiring after the "grace period", their pension calculation will be based on their actual pay at the time of retirement, i.e. the protection of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 will not apply. There have also been taxation-related changes during this time, such as the reduction in the personal fund threshold and in the exemption for lump sum pension payments.

I recently announced the Government's intention to increase from 12% to 20% the top rate of Public Service Pension Reduction in respect of pension amounts over €100,000. This is to be given effect by way of an amendment to the Financial Emergency Measures in the Public Interest (Amendment) Bill 2011, which is currently before the Oireachtas.

In the longer-term, the Government is moving to secure substantial savings in the cost of public service pensions by way of the proposed introduction of a single public service pension scheme for all new entrants. This scheme, which is currently before the Oireachtas in the form of the Public Service Pensions (Single Scheme) and Remuneration Bill 2011, will feature a career-average (not final-salary) basis for pension awards, adjustment of accrued benefits and pensions in line with inflation, and an increased minimum pension age. The design of the new scheme is expected to impose an especially sharp reduction in the value of pensions for high-paid public service retirees, especially those who have enjoyed multiple or late-career promotions.

Public Service Reform

Robert Dowds

Ceist:

111 Deputy Robert Dowds asked the Minister for Public Expenditure and Reform the progress being made in public service reform; the way he is ensuring that when positions are being eliminated all grades of public service are equally affected; and if he will make a statement on the matter. [38588/11]

On 17 November, I announced several key developments relating to Public Service Reform and published the Government's Public Service Reform Plan which sets the basis for the comprehensive and strategic reform of the Public Service in the coming years. The challenging fiscal position which we face means that far-reaching reform of the Public Service is essential in order to ensure it is customer-focused, leaner, more efficient, better integrated and delivering maximum value for money.

This Government has already shown that reform must be led from the top through a whole range of measures. We have reduced the pay of the Taoiseach and Ministers; reformed Ministerial transport arrangements; changed the composition of TLAC to include an external Chair and more external members; introduced new pay ceilings for senior public servants; changed the TLAC terms that apply to Secretaries General on retirement; reduced the number of Oireachtas Committees; and published legislation to significantly reduce future Public Service pensions costs, to name just some areas. There have also been significant reforms under the Croke Park Agreement, as set out in the recently published summary of progress which is available on the Implementation Body's website.

Of course, we need to do much more and the Public Service Reform Plan outlines the priority actions and timelines for reform in a broad range of areas such as public service numbers, e-Government, customer service, shared services, procurement, business process improvement, public expenditure reform, agency rationalisation and so on. The Plan particularly focuses on actions to improve performance by organisations and individuals in order to ensure greater efficiency, effectiveness and economy.

It is planned to have an integrated approach to public service reform which will align a number of key elements, including the Programme for Government, the Comprehensive Review of Expenditure, delivery of reform to front line services within individual sectors which is ongoing, co-ordinated delivery of the cross-cutting reforms in the Reform Plan, and the Public Service Agreement.

Importantly, the Reform Plan sets out how implementation should be driven and monitored, including by the Reform and Delivery Office which I have established in my Department to facilitate, drive and support the reform programme. The Office is being led by a recently appointed Programme Director who has experience of implementing large scale restructuring in the private sector. This Office will work closely with organisations across the Public Service with a view to enabling them to drive the delivery of reform at a local level, as well as lead on certain cross-cutting reforms.

In terms of the latter part of this Question, a central element of the Reform Plan is the preservation of critical front line services in tandem with a very significant reduction in Public Service numbers over the coming years. There will be a further reduction of 23,500 in Public Service numbers by 2015 (from end 2010 levels).

In this context, the moratorium on public service recruitment and promotion applies to the entire Public Service, with certain specific exemptions in the Health and Education sectors. The only other reason for making exceptions to the moratorium is on the basis of the business case in respect of the particular situation or post, and this in turn depends firstly on the incidence of vacancies arising and secondly on the assessment by local management of what posts are most critical at any particular point in time.

As outlined in the Reform Plan, both central and sectoral Manpower Planning Groups are being established to address the operational and strategic consequences on the planned further reduction in Public Service numbers. Of course, it is part of the day to day function of the management of all public bodies to assess, budget and plan for current and ongoing staffing requirements including the identifying of key posts and services.

Pension Provisions

Mary Lou McDonald

Ceist:

112 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the former Revenue Commissioners in receipt of pensions; the names of the recipients; and the amount they receive from the pensions on an annual basis in tabular form. [38636/11]

The four former Chairmen of the Revenue Commissioners each receive a pension of €114,839.40 after Public Service Pension reduction. As is normal practice the names of the relevant Civil Servants are not included in the reply.

Mary Lou McDonald

Ceist:

113 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform whether public service pension reduction will be applied to the combined annual amount of ministerial and Oireachtas pensions of former individual office holders or if the reduction applied separately to each of the two annual pension figures. [38637/11]

The position at the moment is that the Financial Emergency Measures in the Public Interest Act 2010 provides for an average Public Service Pension Reduction (PSPR), with effect from 1 January 2011 and estimated to save €100 million in a full year, of about 4% of pension in line with the following rates and bands:

Annual Public Service Pension (€)

Reduction Rate

First 12,000

0%

Between 12,000 and 24,000

6%

Between 24,000 and 60,000

9%

Balance above 60,000

12%

Under the legislation passed last year, the PSPR applies separately to each individual public service pension. This was done for practical and legal reasons, including because the paying authorities who calculate and pay the pension and the PSPR will not normally be aware of other public service pension benefits and one cannot aggregate for some and not others. This also applies to former Ministers and former Oireachtas members, who receive two pensions at present. I intend to allow public service-wide pension aggregation to address this.

Mary Lou McDonald

Ceist:

114 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the former Ministers and taoisigh in receipt of ministerial and Oireachtas pensions; the names of the recipients; and the amount they receive from the pensions on an annual basis less the public service pension reduction, including the 20% reduction to be applied on pension income of more than €100,000 in tabular form. [38638/11]

The data sought by the Deputy is currently being collated and will be provided to the Deputy as soon as possible. Any inconvenience caused by this delay is regretted.

Mary Lou McDonald

Ceist:

115 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the former public servants in receipt of public sector pensions of more than €100,000 per year; the recipients’ names; the final position they held in the public service on retirement, the gross pension amount they receive before the public sector pension reduction is applied and also the pension figure after the PSPR is applied in tabular form. [38646/11]

It has not been possible to collate the data in the time available. It will be provided to the Deputy by the end of this week. Any inconvenience caused by this delay is regretted.

Departmental Bodies

Mattie McGrath

Ceist:

116 Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform the month in which he expects the Bill to allow for changes to the Valuation Office in an effort to improve the roll-out of the national programme for the revaluation of all commercial and industrial properties in the country will be published; if this matter is receiving priority; and if he will make a statement on the matter. [38845/11]

I have submitted draft Heads of a Bill amending the Valuation Act 2001 to the Government for approval. Subject to such technical adjustments as may be found necessary in the course of drafting, approval is also sought to publish the general scheme for the information of the public, in line with the Programme for Government commitment on Dáil reform to publish such details at an early stage in order to facilitate debate. Subject to approval being given, the Bill will be published and processed as soon as possible, subject to the Government's schedule for enactment of legislation.

Departmental Staff

Joe Carey

Ceist:

117 Deputy Joe Carey asked the Minister for Public Expenditure and Reform if he will explain recruitment practices within the Office of Public Works; and if he will make a statement on the matter. [38856/11]

Entry level State industrial positions in the Office of Public Works are normally filled by public competitions, which are open to both serving staff and the public at large. By long standing agreement, supervisory positions are filled by confined competition, where suitable internal applicants present.

Proposed Legislation

Robert Troy

Ceist:

118 Deputy Robert Troy asked the Minister for Public Expenditure and Reform if he will introduce legislation to ensure that publicly funded projects will only be awarded to companies based here. [38904/11]

Public procurement regulations which transpose the provisions set out in EU Procurement Directives require that contracts above a certain value must be advertised EU wide and awarded to the most competitive tender in an open and objective process. The aims of the regulations are to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for public 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.

I would point out that the open market regime affords opportunities for Irish companies to win business abroad as part of the EU Single Market.

Departmental Properties

Peadar Tóibín

Ceist:

119 Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will detail the lease period beginning and end date for each building rented by the Office of Public Works. [38961/11]

Peadar Tóibín

Ceist:

120 Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will detail the floor space of each building rented by the Office of Public Works. [38962/11]

Peadar Tóibín

Ceist:

121 Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform the number of public servants employed in each building rented by the Office of Public Works. [38963/11]

Peadar Tóibín

Ceist:

122 Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform if he will identify all leases that contain a renegotiation clause, contain no renegotiation clause or contain an upward only rent increase clause for each building rented by the Office of Public Works. [38964/11]

I propose to take Questions Nos. 119 to 122, inclusive, together.

The information requested by the Deputy is being compiled and will be provided next week.

Departmental Expenditure

John McGuinness

Ceist:

123 Deputy John McGuinness asked the Minister for Public Expenditure and Reform the cost of courses in higher education undertaken by senior civil and public servants in each of the past five years; if there is a claw back on the costs should the employee leave the service; and if he will make a statement on the matter. [38982/11]

I propose to reply to this question on behalf of the Department of Public Expenditure and Reform and Department of Finance as a shared service Training Unit now provides training services to both Departments.

I have taken the phrase "senior civil servants" to represent the grade of Assistant Principal Officer and upwards for the purpose of this question. Many courses are undertaken by officers, often in their own time, and the information available to both Departments is based on the amount of monies refunded to staff members in respect of eligible courses. Fees are only refunded for courses that have relevance to the work of either Department.

The amounts refunded by the two Departments in respect of courses for each of the past five years are set out below. In respect of the years 2007 to 2010 inclusive a full refund (100%) was granted in respect of courses undertaken. Due to a need to match available funding to demand each year not all applicants have received a full refund for 2011 but all approved applicants have received at least a 70% refund to date. This position will be reviewed at the end of the year.

Year

Amount

2007

39,182

2008

61,330

2009

39,521

2010

22,455

2011

14,743

An undertaking is signed by all applicants seeking a refund of fees. This undertaking stipulates that if the recipient of a refund leaves the service without completing 12 months service in respect of each yearly refund they must refund the fees paid.

John McGuinness

Ceist:

124 Deputy John McGuinness asked the Minister for Public Expenditure and Reform if the EU, IMF and ECB have been furnished with the details of all payments, allowances, pensions and retirement packages paid to the civil and public service over the past five years and the future costs of such arrangements; if the troika has expressed any views relative to these costs and the possible reforms needed. [38983/11]

As part of the general examination of budgetary policy in Ireland, the discussions with the EU-IMF and ECB have reviewed the main aspects of pay, pensions and numbers policy in the civil and public service.

The discussions have covered developments in these areas in the recent past and the prospects for the medium and longer term. The Troika reports set out their views on these and other issues. The Deputy will note that the assessments issued from time to time by these bodies of the Government's implementation of the Programme have been very positive.

The Deputy will be aware that a number of measures have been taken to reduce the pay and pensions bill. These measures have applied to serving staff and current pensioners in recent years. The Financial Emergency in the Public Interest Act 2009 introduced a pension-related deduction amounting to some 7% of pay on average, the Financial Emergency in the Public Interest (No. 2) Act 2009 reduced pay by a similar proportion and legislated for a "grace period" within which pensions would not be affected by this cut. This period is due to expire on 29 February 2012.

In addition the Financial Emergency in the Public Interest Act 2010, which is part of the EU-IMF Programme, reduces public service pensions in payment and for those who retire before the end of the "grace period" by 4% on average. For those retiring after the "grace period", their pension calculation will be based on their actual pay at the time of retirement, i.e. the protection of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 will not apply. There have also been taxation-related changes during this time, such as the reduction in the personal fund threshold and in the exemption for lump sum pension payments.

With regard to the costs of civil and public service pensions, I have recently brought forward the Public Service Pensions (Single Scheme) and Remuneration Bill 2011 which provides for far-reaching reform of public service pensions. The Bill's principal purpose is to introduce a new single pension scheme for all new entrants to the public service. The Bill will ensure that public service workers continue to have access to good pensions and a reasonable standard of living in retirement, while the Exchequer benefits from greater control over the costs and the future burden on taxpayers is reduced. The new scheme is a commitment under the EU-IMF Programme of Financial Support for Ireland.

Job Creation

Maureen O'Sullivan

Ceist:

125 Deputy Maureen O’Sullivan asked the Minister for Jobs, Enterprise and Innovation if he will be acknowledging the fact that 2012 is the Year of the Co-operative; his plans to recognise the work of the co-operative movement; and if he will make a statement on the matter. [38314/11]

Paschal Donohoe

Ceist:

132 Deputy Paschal Donohoe asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that this is the International Year of the Co-Operative Movement and if Ireland is involved in same; if any consideration has been given to any measures to further develop the co-operative movement here; and if he will make a statement on the matter. [38390/11]

I propose to take Questions Nos. 125 and 132 together.

I am indeed aware that the United Nations has designated 2012 as the International Year of Co-operatives, and earlier this year I secured the agreement of Government to draft legislation to ease the regulatory burden on co-operative societies and to make it easier to start up and run a co-operative as an alternative form of enterprise organisation. I hope to publish the Draft Bill early next year and I expect that the amendments I am proposing will make the co-operative model more attractive for those wishing to use it.

By introducing these legislative changes for co-operatives, the Government is recognising the value of the co-operative business model to our economy, particularly at the present time. I believe that these measures will facilitate the development of co-operatives into the future.

My responsibility lies in the legislative provision for co-operatives in general. Any initiatives to facilitate the development of co-operatives in particular sectors, for example group water schemes, renewable energy or agricultural co-operatives, would be a matter for my colleagues in the respective Government Departments.

Grant Payments

Brendan Griffin

Ceist:

126 Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that was a beneficiary of same. [38342/11]

My Department has not made any payments to community and voluntary groups in Galway City and Council to date this year.

Proposed Legislation

Alan Farrell

Ceist:

127 Deputy Alan Farrell asked the Minister for Jobs, Enterprise and Innovation the purpose of his promised legislation on collective investment schemes; when he expects to publish this Bill; and if he will make a statement on the matter. [38351/11]

Since the establishment of the Irish Financial Services Centre in 1987, successive Ministers who have held the Company Law elements of my present portfolio have been responsible for the enactment of legislation relating to collective investment schemes used by the Investment Funds Industry, either as stand alone instruments or as part of more comprehensive Acts. Examples include the Undertakings for Collective Investment in Transferable Securities Regulations 1989, Part 13 of the Companies Act 1990 and the Investment Funds, Companies and Miscellaneous Provisions Acts of 2005 and 2006.

Consistent with the work underway to consolidate all existing 15 Companies Acts, a project to undertake a similar exercise was discussed with representatives of the Funds Industry and the Financial Regulator. The intention was to have all of the relevant legislation in one place, and in the process to streamline the various elements which had been developed over many years comprising, for example, of an application for authorisation process to the competent authority — now the Central Bank — ongoing supervision relating, for example, to the making of appropriate returns as well as the ability of the competent authority to take remedial action where necessary, and so on.

Following these discussions, and given that the nature of collective investment schemes are essentially financial products, officials of my Department engaged with their counterparts in the Department of Finance with a view to the latter Department assuming responsibility for all legislation relating to these collective investment schemes. While agreement in principle for a transfer of responsibility has been reached, and has already resulted in the making by the Minister for Finance of the necessary Regulations transposing the latest EU UCITS Regulations in July of this year, further discussions are necessary to finalise the matter. In these circumstances, it is likely that further consideration of matters relating to the consolidation of legislation governing collective investment schemes will be a matter for my colleague the Minister for Finance.

Departmental Staff

Alan Farrell

Ceist:

128 Deputy Alan Farrell asked the Minister for Jobs, Enterprise and Innovation the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38362/11]

I set out below the numbers of staff of my Department who were approved for a pay increment in 2010 and 2011 together with the number of staff who will be due to be considered for the payment of an increment in 2012. The payment of increments is subject to satisfactory performance under the Performance Management Development System (PMDS) and compliance with sick leave regulations. To provide precise figures for the cost of these increments would require extensive work on the part of the relevant sections of my Department, which have limited resources. However, I am providing estimated figures for the costs of increments for the years in question. These estimates have been calculated on the following basis — taking the average increment for the relevant grade multiplied by the number of officers in the grade who were approved for an increment (or in the case of 2012, the number of officers who will fall to be considered for an increment). The estimated costs are on a full year cost basis and on the basis of the staff member working on a full-time basis. However, in reality, increments fall due throughout the year and therefore the costs are not incurred on a full-year basis. Furthermore, a significant number of staff of my Department does not work on a full-time basis. For example, in 2011 over 18% of staff worked on a work-sharing basis and over 12% worked reduced hours under the Shorter Working Year Scheme. For these reasons, the actual costs of increments in the years in question will be significantly less than the estimated figures provided beneath.

I would also refer the Deputy to the reply of my colleague, the Minister for Public Expenditure and Reform to a related question on 10 November 2011 (question no. 99 of 10 November). I note in particular the Minister's point that the cost of increments will reduce in the coming years for several reasons including retirements and the number of employees reaching the maximum of their pay scale.

Year

No. of staff approved for an increment

Estimated cost on a full-year basis €

2010

530

754,654

2011

434

608,622

Year

No. of staff who will be considered for an increment

Estimated cost on a full-year basis €

2012

323

435,272

Social Welfare Code

Willie O'Dea

Ceist:

129 Deputy Willie O’Dea asked the Minister for Jobs, Enterprise and Innovation the effect on competitiveness, as reported to him by Forfás, if businesses must pay in full for employees’ sick leave; and if he will make a statement on the matter. [38384/11]

Willie O'Dea

Ceist:

130 Deputy Willie O’Dea asked the Minister for Jobs, Enterprise and Innovation the effect on employment and the number of jobs which could be lost, as reported to him by Forfás, if businesses must pay in full for employees’ sick leave; and if he will make a statement on the matter. [38385/11]

Willie O'Dea

Ceist:

131 Deputy Willie O’Dea asked the Minister for Jobs, Enterprise and Innovation the effect on wages, as reported to him by Forfás, if businesses must pay in full for employees’ sick leave; and if he will make a statement on the matter. [38386/11]

I propose to take Questions Nos. 129 to 131, inclusive, together.

The introduction of a Statutory Sick Pay scheme, along the lines of those which operate in many other European countries, is one of the issues that has been considered by the Government in the context of reducing public expenditure. As I mentioned in my reply to Parliamentary Question No. 79 of 22 November 2011 to Deputy Aengus Ó Snodaigh, I asked Forfás to examine the potential impact on competitiveness and employment of Statutory Sick Pay, if such a scheme were to be introduced in Ireland.

I have received a preliminary report from Forfás on this matter, but it would be premature of me to comment on it until the Cabinet has completed its consideration of such issues.

Question No. 132 answered with Question No. 125.

Departmental Expenditure

Michael McGrath

Ceist:

133 Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38466/11]

To the end of November 2011, my Department has incurred VAT of approximately €798,500 at the standard rate of 21% on goods and services delivered in the year to date to the approximate value of €3,802,600.

Based on an a similar level of expenditure in 2012, a 2% increase in the standard rate of VAT, would see my Department incurring an estimated extra cost of €80,000 in the coming year.

Work Permits

Bernard J. Durkan

Ceist:

134 Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if provisions can be made to facilitate a work permit in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38522/11]

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. The Employment Permits Section in my Department informs me that it has no record of an application in this case. I wish to advise the Deputy that it is current Government policy to issue new employment permits only in respect of:

highly skilled, highly paid positions or;

non-EEA nationals who are already legally resident in the State on valid employment permits or;

positions requiring specialist or scarce skills, expertise or qualifications which cannot be filled otherwise. Further information on the current policy for new employment permits can be found on my Department's website at www.djei.ie.

Skills Shortages

Michael Healy-Rae

Ceist:

135 Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding recruitment; and if he will make a statement on the matter. [38626/11]

The position in relation to the company mentioned by the Deputy is that Enterprise Ireland has provided €60,000 of training assistance towards the development of management structure capable of running a large IT organisation. In relation to the 90 jobs recently announced by the company, no funding was provided by Enterprise Ireland for these jobs.

As is always the case, decisions in relation to the recruitment of staff is ultimately a matter for the company concerned.

However, to address the broader issue raised by the Deputy, the matter of skills shortages in particular sectors is obviously a matter of concern for Government. In relation to the sector in which the company referred to by the Deputy operates — the ICT sector — these skills shortages are not unique to Ireland, but must be addressed. To this end, an ICT action plan is being developed across relevant government departments and agencies to identify clear action lines that will address the skills needs of the ICT sector. The lead on this initiative is being taken by my colleague, Mr Ruairí Quinn, T.D., Minister for Education and Skills. While it is positive that third level enrolments in science, technology, engineering and mathematics disciplines in Ireland have increased by some 30% since 2008, there will be a time lag before this increased demand from students will feed through into increased graduate output. Actions which are being taken in the short term to address the gap include the provision of over 1,400 places on Springboard ICT programmes, from which 550 people are due to graduate by next June with awards at honours degree or masters level.

The Higher Education Authority has also just issued a call for proposals seeking collaborative proposals from higher education providers and industry partners for the delivery in 2012 of a full-time graduate conversion programme in programming.

Enterprise Support Schemes

Brendan Griffin

Ceist:

136 Deputy Brendan Griffin asked the Minister for Jobs, Enterprise and Innovation the grant aid or tax concessions available for a person (details supplied) in County Kerry who is purchasing a piece of machinery overseas for the purpose of starting up an export business; and if he will make a statement on the matter. [38629/11]

Subject to certain eligibility criteria new and developing micro-enterprises may qualify for financial support from the CEBs in the form of priming, expansion/development and feasibility/innovation grants. The CEBs give priority to enterprises in the manufacturing or internationally traded services sector and must always give consideration to any potential for deadweight and displacement arising from a proposed enterprise.

Whilst not all businesses will be eligible for financial assistance, the CEBs also deliver non-financial supports such as one-to-one mentoring and a range of business advice and training programmes to improve management capability development within micro-enterprises designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow, which may be available as appropriate to the needs of the promoter's business.

The promoter may in the first instance wish to contact their most appropriate Board, Kerry CEB, to discuss what options may be available to them and their proposed business venture. Kerry County Enterprise Board is located at the County Buildings, Rathass, Tralee, Co. Kerry. Phone No.: 066 718 3522; fax No.: 066 712 6712; e-mail: kerryceb@kerrycoco.ie; website: www.kerryenterprise.ie.

Departmental Bodies

Kevin Humphreys

Ceist:

137 Deputy Kevin Humphreys asked the Minister for Jobs, Enterprise and Innovation the budget expenditure granted to Science Foundation Ireland on an annual basis from 2000 to 2011 in tabular form, with a breakdown of capital and current funding; if he will provide the total cost of remunerating the board of SFI, a breakdown of the individual remuneration provided to each board member, and the salary of the chief executive; and if he will make a statement on the matter. [38756/11]

The total Science Foundation Ireland (SFI) expenditure over the period 2000-2011 is shown in Table 1 below. The 2011 figures are estimated.

Table 1: SFI expenditure 2000-2011 inclusive.

Year

Capital/ research grants (€)

Current expenditure/pay (€)

Administrative costs of running grant programmes (€)

Other (€)

2000

0

0

0.40m

0

2001

8.76m

0.43m

1.69m

0

2002

31.00m

0.90m

3.10m

0

2003

65.00m

1.00m

3.42m

0

2004

108.59m

1.32m

3.82m

0

2005

118.20m

2.74m

4.62m

0

2006

139.86m

3.21m

4.49m

0

2007

155.72m

3.56m

4.77m

0

2008

158.81m

4.37m

5.01m

0

2009

171.17m

4.67m

4.54m

0

2010

150.00m

4.32m

3.92m

0

2011

153.8m

4.29m

3.56m

5m*

*Contribution for e-Journals, which formed part of the transfer of the Programme for Research in Third-level Institutions from the Department of Education and Skills. The e-Journals provision was not an extra funding requirement for the Exchequer in 2011.

Details of the 2010 remuneration made to Board members of SFI, as outlined in the 2010 Annual Report and Accounts, are shown in Table 2.

Table 2: SFI Board Members' Remuneration 2010

Board Members

Amount Paid in 2010

Sean Ahearne

€13,463

Tom Boland

€0

Dr. Rita Colwell

€12,600

Bernie Cullinane

€13,463

Prof. Patrick Fottrell (Chairman)

€21,600

Prof. Frank Gannon

€11,722

Peter MacDonagh

€12,600

Dr. Martina Newell McGloughlin

€12,600

Dr. James Mountjoy

€12,600

Martin Shanagher

€0

John Travers

€12,600

Dr. Don Thornhill

€7,108

Pat Duane

€3,219

Total for 2010

€133,575

SFI Board members who are public servants do not receive a fee for board membership.

Board fees have subsequently been reduced by a further 5% to €20,520 per annum for the Chairperson and €11,970 per annum for ordinary board members. This adjustment was implemented by SFI in February 2011 and backdated to the beginning of 2010.

Recruitment of a Director General for SFI is currently on-going. The applicable salary amount is under consideration by the Minister for Public Expenditure and Reform.

Kevin Humphreys

Ceist:

138 Deputy Kevin Humphreys asked the Minister for Jobs, Enterprise and Innovation the capital budget granted to Science Foundation Ireland that was spent on salaries of researchers from 2000 to 2011; and if he will make a statement on the matter. [38757/11]

Researchers funded by Science Foundation Ireland (SFI) are employed by their respective higher education institutions. Therefore individual researcher salaries are a matter for the higher education institutions.

SFI is currently supporting approximately 3,000 researchers. On average, approximately 60% of any SFI grant award is a contribution to the salary costs of the researcher teams. The remainder of the SFI award goes towards supporting the research effort through overheads provision to the relevant higher education institution and covering the cost of necessary research equipment.

Given the volume of individual awards, in excess of 2,200 to date, and the several thousands of researchers directly supported by SFI since its establishment in 2000, it is not possible to specify precisely the amount of capital grants that were a contribution to the salaries of researchers.

Kevin Humphreys

Ceist:

139 Deputy Kevin Humphreys asked the Minister for Jobs, Enterprise and Innovation the pension entitlements of researchers employed under capital grants distributed by Science Foundation Ireland; if they are subject to the public sector pension levy; and if he will make a statement on the matter. [38758/11]

Currently Science Foundation Ireland (SFI) is directly supporting approximately 3,000 researchers in Ireland's higher education institutions. The researchers in receipt of SFI grants are employed by the various higher education institutions. Consequently pension entitlements are a contractual matter between the individual researchers and their respective employers.

Members of research teams who are classed as public servants are subject to the public sector pension levy.

The Deputy should note that responsibility for employment conditions in the higher education sector falls to my colleague, the Minister for Education and Skills.

Human Rights Issues

Seán Ó Fearghaíl

Ceist:

140 Deputy Seán Ó Fearghaíl asked the Minister for Jobs, Enterprise and Innovation his views on the issue of forced labour; the incidences of cases reported to him or agencies under his remit; his views on whether additional legislation is required to deal with this issue; and if he will make a statement on the matter. [38853/11]

This is a matter in the first instance for the Minister of Justice Equality and Defence.

While my Department has a responsibility for providing redress mechanisms for alleged breaches of employment law, this does not extend to the area of forced labour or slavery, which are serious criminal offences and by definition are outside the normal employment relationship.

Corporate Enforcement

Caoimhghín Ó Caoláin

Ceist:

141 Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to cases in which employers close down and reopen under different names as a ruse to evade orders to pay wages due to employees, including cases of forced labour in which workers may be owed tens of thousands of euro for years of overwork and underpayment; if he will introduce legislation to prevent this practice; and if he will make a statement on the matter. [38883/11]

The Company Law Enforcement Act 2001 established the Office of the Director of Corporate Enforcement and strengthened the legislative provisions dealing with insolvent companies. The Director has powers to initiate company investigations, prosecutions, restrictions and disqualifications with a view to curbing abusive practices by directors.

Section 56 of the Company Law Enforcement Act 2001 provides that the liquidator of an insolvent company must submit a report to the ODCE together with information on the conduct of any person who was a director of the company during the 12 months preceding its liquidation. The liquidator must also proceed to apply to the High Court for the restriction of each of the directors of the insolvent company, unless relieved of that obligation by the ODCE.

The ODCE has also been conferred with certain powers to address unliquidated insolvent companies i.e., those companies which are not in liquidation and have not yet been dissolved. The legal powers include applying to the High Court for the restriction of the company's directors. This power has been successfully used to sanction directors.

A restriction declaration, if made, prohibits an individual from acting, either directly or indirectly, as an officer of a company or from being involved in its formation or promotion for five years, unless the company is adequately capitalised. In the case of a private company, the capital requirement is €63,487 in allotted paid-up share capital. The equivalent figure for public companies is €317,435.

If the Deputy has knowledge of a suspected breach of company law this should be reported to the Director of Corporate Enforcement. The Director is independent in the performance of his statutory duties and I have no direct function in these matters.

Legal obligations relating specifically to payment of wages are contained, principally, in the Payment of Wages Act 1991. Complaints of non-compliance may be referred to the Employment Appeals Tribunal (EAT) or to the Rights Commissioner Service. Enforcement of EAT determinations or Rights Commissioner decisions may be made through the Circuit Court.

As forced labour is a serious criminal offence and by definition outside normal employment relationships, this is a matter for my colleague the Minister for Justice and Equality.

International Agreements

Caoimhghín Ó Caoláin

Ceist:

142 Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation his plans to ratify the International Labour Organisation convention on domestic workers; and if he will make a statement on the matter. [38884/11]

I welcome the successful outcome of discussions at the International Labour Conference (ILC) that lead to the adoption of a new International labour standard aimed at ensuring Decent Work for Domestic Workers.

The final text of the draft Convention was one that the Irish Government was in a position to support and the Convention on Decent Work for Domestic Workers now becomes ILO Convention No. 189 supplemented by a Recommendation.

The issue of ratification by Ireland of this Convention will be considered in the context of our standard approach to the ratification of international instruments. In this regard, the Convention will need to be examined from the perspective of any changes that may be required to existing domestic legislation. This will involve careful examination of the provisions of the Convention as well as obtaining any legal advice that might be necessary. Issues around implementation and enforcement of the Convention will also need to be considered.

While ratification of the Convention remains under consideration, I would point out that the full suite of employment rights legislation, including that of redress for violations of employment rights, that apply to employees generally in Ireland apply equally in the case of domestic workers.

Liquor Licensing Laws

Robert Troy

Ceist:

143 Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation if he will consider legislation to tackle below-cost selling of alcohol. [38893/11]

Pricing strategies, including selling below cost, in any business are a legitimate marketing tool and are the normal outcome of the competitive process. I have no direct function in relation to pricing strategies which are a matter for the retailer and are not an offence unless they involve abuse of a dominant position.

The sale of alcohol is essentially regulated by the liquor licensing laws, which are the policy responsibility of the Minister for Justice and Equality and I have no direct function in this matter.

Redundancy Payments

Brendan Griffin

Ceist:

144 Deputy Brendan Griffin asked the Minister for Social Protection when redundancy payment will be made available to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [38383/11]

A redundancy lump sum claim in respect of the person concerned was awarded on 14 November 2011. A cheque payment should be received by the person concerned in the coming days.

Social Welfare Fraud

Finian McGrath

Ceist:

145 Deputy Finian McGrath asked the Minister for Social Protection if there is any evidence that another welfare amnesty would result in more revenue. [38643/11]

The prevention of fraud and abuse of the social welfare system is an integral part of the day-to-day work of my Department which processes in excess of 2 million claims each year and makes payments to some 1.4 million people every week. However, it is important to recognise that the vast majority of people are receiving the entitlement due to them.

Most social welfare customers fully declare their means and circumstances and, therefore, do not receive more than their entitlements. However, where a customer fails to fully declare their means or circumstances, they may receive payments to which they are not entitled and this can result in an overpayment. It is important that the Department seeks to recover overpayments where they occur and an overpayment debt will remain on the customer's records until fully recovered. This will result in a reduction of all future entitlements up to and including the state pension. Following the death of a customer who owes a debt, the Department will have a claim on any estate remaining.

Customers who are aware that they are being, or have been overpaid by the Department should contact their local social welfare office without delay. An overpayment recovery plan, acceptable both to the customer and to the Department, will then be agreed.

I have no plans to introduce an amnesty for customers as I do not consider this to be an appropriate response. The Department is fully committed to recovering 100% of overpayments arising as a result of suspected fraud or error. Effective debt recovery and the prosecution of persons who defraud the social welfare system are an integral part of the deterrent approach to prevent abuse of the system. The Deputy may be aware that I recently launched a new Fraud Initiative (2011-2013) which is aimed at putting in place a range of actions to combat fraud and abuse of the social welfare system and to ensure there is public confidence and trust in the system.

Community Employment Schemes

Martin Ferris

Ceist:

146 Deputy Martin Ferris asked the Minister for Social Protection when the Labour Court recommendation LCR 19293 relating to FÁS supervisors will be implemented. [38822/11]

Patrick Deering

Ceist:

190 Deputy Pat Deering asked the Minister for Social Protection the reason a Labour Court recommendation LCR 19293 dated 22 July 2008, recommending that a pension scheme be introduced without delay for community employment scheme supervisors and assistant supervisors, has to date not been implemented; and the reason claims for a pension scheme have been rejected. [38814/11]

I propose to take Questions Nos. 146 and 190 together.

I would refer the Deputies to my reply to questions numbers 99, 89 & 102 on 1st December 2011. The position remains unchanged.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

147 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when a decision will be made regarding a review of means in respect of an application for jobseeker’s allowance or benefit in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38293/11]

A revised decision has been made on the jobseeker's allowance application of the person concerned following a review of his means. The new assessment is effective from 31 August 2011 and all arrears payable will be issued to him on 6th December 2011.

Social Welfare Appeals

John O'Mahony

Ceist:

148 Deputy John O’Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on their application for disability allowance and when a medical assessment will take place; and if she will make a statement on the matter. [38299/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 6 August 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 28 November 2011 and the appeal will, in due course, be assigned 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

Denis Naughten

Ceist:

149 Deputy Denis Naughten asked the Minister for Social Protection when a decision will issue on an application in respect of a person (details supplied) in County Roscommon; and if she will make a statement on the matter. [38307/11]

I confirm than an application for carer's allowance has been received from the person concerned. On completion of the necessary investigations relating to all aspects of her claim a decision will be made and the person concerned will be notified directly of the outcome.

Sandra McLellan

Ceist:

150 Deputy Sandra McLellan asked the Minister for Social Protection if she will review an application for back to school allowance in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [38319/11]

The Back to School Clothing and Footwear Allowance (BSCFA) scheme operates from the beginning of June until the end of September each year. A person may qualify for a BSCFA payment if he or she is in receipt of a social welfare or health service executive payment, is participating in an approved employment scheme or attending a recognised education or training course, and has household income at or below certain specified levels. The person concerned was disallowed BSCFA on 22 September, 2011 as his means were deemed to be above the income limit for his family size. The person concerned has requested a full review of this decision and the BSCFA review section will be in touch with him shortly in this regard.

Grant Payments

Brendan Griffin

Ceist:

151 Deputy Brendan Griffin asked the Minister for Social Protection the specific grants and amounts paid by her to community and voluntary groups in Galway city and county to date in 2011; and if she will list the chairperson, secretary and treasurer of each group that was a beneficiary of same. [38345/11]

The Department of Social Protection operates a number of initiatives in co-operation with organisations and companies in the community, voluntary and not-for-profit sectors. The primary focus of these initiatives is the provision of training and work placement opportunities for people who are unemployed.

Outside of the Galway City area, Galway Rural Development Company Limited and Forum Connemara Limited operate the Rural Social Scheme with an allocation of 156 and 14 participants respectively. In addition, both companies deliver Tús, the community work placement initiative, with an allocation of 120 and 20 respectively. Galway City Partnership operates Tús in the Galway City area with an allocation of 80 participants. Funding is provided to the companies to meet participant payroll and other costs of the operations of the companies involved.

FÁS continues to have day-to-day responsibility for the operation of community employment and the jobs initiative and engages community organisations to sponsor training and work placement opportunities. The organisations engaged in community employment in county Galway during 2011 are listed in the table.

Community Employment Organisation

Location

Grant Paid in 2011

Abbeyknockmoy Parish Society

Galway City

237,953

Ability West

Galway City

232,090

Access Music Project (Galway)

Galway City

21,824

Athenry District C E Project

Athenry

276,947

Aughrim CommunityDevelopment Co

Aughrim

82,123

Ballinasloe Trg For Employment

Ballinasloe

402,406

Ballygar Community Group

Ballygar

4,000

Ballinasloe Community Rersources

Ballinasloe

75,342

Castleblakeney Comm.Dev.Group

Castleblakeney

209,966

Clonberne Community Centre Co.

Clonberne

190,142

Clonfert CommunityAssociation Limited

Clonfert

8,500

Cuan Mhuire

Coolarne

150,086

Duchas Na Gaillimhe

Galway City

197,719

Dunmore Parish Scheme

Dunmore

304,137

Enable Ireland

Galway City

135,209

Forum Connemara Limited

Letterfrack

639,575

Galway Boxing Development.

Galway City

87,600

Galway Centre For Ind. Living

Galway City

187,839

Galway Ciitzens Inf/Gal D.Y.S

Galway City

4,750

Galway Rural Development Co. Limited.

Athenry

157,461

Galway Simon Community

Galway City

186,496

Galway Trav. Support Group Limited

Galway City

24,786

Glenamaddy Community Care Limited

Glenamaddy

173,933

Gort&Dist.Com Dev.Group Limited

Gort

125,899

Headford Community C.E.

Headford

272,349

Irish Wheelchair Association

Tuam/City

89,721

Kilcoona Parish Community Ses

Kilcoona

168,834

Kilcornan Community Development Association Limited

Kilcornan

167,051

Killimor T.F.Q. Co Limited

Killimor

91,223

Knocknacarra District Cmty CE

Galway City

125,531

Le Cheile Westside Project

Galway City

95,737

Loughrea Parish Council

Loughrea

227,286

Milltown Community Council

Milltown

243,422

Mountbellew Development Co-Operative

Mountbellew

458,103

Moylough Parish Services

Moylough

277,048

Multiple Sclerosis Society Of Ireland

Galway City

180,730

Oughterard Com Enterprises Limited

Oughterard

145,013

Redemptorist Monastery

Galway City

203,969

Renmore Parish Development Association

Renmore

123,210

Ryehill Community Council

Ryehill

46,212

Shantalla Community Development Co Limited

Galway City

292,529

Sliabh Aughty CommunityAssoc Limited

Abbey

165,058

St. James Community Centre

Galway City

300,866

Tuam & District Mental Health

Tuam

212,671

Tuam Travellers Education & Development Group

Tuam

270,965

Williamstown Development Co.

Williamstown

145,816

Woodlawn Heritage Group Limited

Woodlawn

106,005

Youth Work Ireland Limited

Galway City

121,625

The organisations engaged in delivering the Jobs Initiative in county Galway during 2011 are listed in the table.

Jobs Initiative Organisation

Location

Grant Value

Galway Peoples Resource Centre

Galway City

619,220

Forum Connemara Limited

Letterfrack

182,072

Connemara West Centre

Cliften

205,289

Under the Activation and Family Support Programme funding can be made available by the Department to assist individuals and families to enhance their employability through education, training and personal development. In the main, these activities are organised and delivered by community and voluntary bodies involved in the provision of training, family support and specific activities. The organisations to which funds were granted under the programme during 2011 are set out in the table.

Activation and Family Support Programme Organisation

Location

Grant Value

Ballinasloe Communty Resources Ltd

Ballinasloe

62,576

Ballinasloe Job Club

Ballinasloe

9,600

Ballybane Community Resource Centre Ltd

Ballybane

27,950

Galway City Partnership

Galway City

57,300

Galway Traveller Movement Ltd

Galway City

13,253

Home Start Programme Athenry

Athenry

700

St. Brendan’s Education Centre

Loughrea

2,310

Time4us Ltd

Tuam

30,000

Tuam & District Mental Health Association

Tuam

3,990

Tuam Adult Education Centre

Tuam

10,000

Tuam Community Training Centre

Tuam

20,000

Western Traveller Intercultural Development Centre

Tuam

2,000

The Department also funds the community services programme which supports locally based not-for-profit organisations to provide services to their communities. The table summarises the funding committed to in 2011.

Community Services Programme Organisation

Location

Contract Value €

Tearmann Éanna Teoranta

Baile na hAbhainn

108,132

Inishturk Community Club

Inishturk Island

42,066

Mountbellew Community Development

Mountbellew

38,066

Cumann Peile Naomh Anna

Leitir Móir

70,066

Clifden Town Hall

Clifden

38,066

Gort & South Galway Community & Leisure Centre

Gort

38,066

Ionad Peile Na Gaillimhe

Baile Chlair na Gaillimhe

51,033

Inisbofin Community Services Programme Co Ltd

Inishbofin

116,132

Athenry Arts & Heritage Centre

Athenry

95,099

Ballybane Community Resource Centre

Ballybane

89,099

CLEAS

Oileáin Arann

108,132

Athchúrsáil Árann Teoranta

Aran Islands

165,231

Glenamaddy Community Development Company

Glenamaddy

117,649

Mervue United AFC Ltd

Mervue

165,231

Oranmore Community Development Assocation Ltd

Oranmore

112,889

Oughterard Leisure Centre Ltd

Oughterard

70,066

Oughterard Tourism & Development

Oughterard

93,099

Westside Age Inclusion

Bothar Le Cheile

108,616

Galway Teleworking Co-Op Society Ltd

Mountbelllew

74,066

Galway Traveller Movement

Galway City

172,542

Aonad Resource Centre Limited

Ballygar

95,099

SEG Integrated Rural Development

Portumna

70,066

Westside Resource Centre

Galway City

58,389

In general, the Department of Social Protection and FÁS do not hold the names of the officers of these organisations and contact is maintained with managers, supervisors or other staff members employed. The members of the boards of management may be obtained by contacting the organisations directly or by consulting the Companies Registration Office.

Departmental Staff

Alan Farrell

Ceist:

152 Deputy Alan Farrell asked the Minister for Social Protection the increments made payable to public sector workers within her Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if she will make a statement on the matter. [38365/11]

There is currently a total of 6,042 staff serving in my Department, including staff who transferred from the Community Welfare Service on 1st October 2011. The number of increments which have been paid by my Department, or are due to be paid during the period in question, is set out in the table.

Year

2010

2011

Due in 2012

Increments Awarded

2,176

2,368

2,585

The figure provided for increments which may be due for payment in 2012 includes former Community Welfare Service staff and 131 officers currently employed on temporary contracts, whose contracts may terminate in advance of the consideration of an increment. The annual increment is normally paid on the anniversary of appointment, provided performance, which includes attendance and punctuality during the year, is satisfactory. Therefore, the figure provided for 2012 is provisional and indicates the number of officers who are due to be considered for the award of an increment next year. Details of officers transferring from FÁS on 1st January 2012 are not included as the personal details of the officers concerned are not yet available to my Department.

Social Welfare Benefits

Niall Collins

Ceist:

153 Deputy Niall Collins asked the Minister for Social Protection the position regarding a carer’s allowance application in respect of a person (details supplied) in County Cork. [38370/11]

I confirm than an application for carer's allowance has been received from the person concerned. On completion of the necessary investigations relating to all aspects of his claim a decision will be made and the person concerned will be notified directly of the outcome.

Social Welfare Appeals

Niall Collins

Ceist:

154 Deputy Niall Collins asked the Minister for Social Protection the position regarding a supplementary welfare allowance application in respect of a person (details supplied ) in County Cork. [38373/11]

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 on 15 December 2011. The person concerned has been notified of the arrangements for the 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

Michelle Mulherin

Ceist:

155 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 and if it will be expedited as matter of urgency. [38375/11]

I confirm than an application for carer's allowance has been received from the person concerned. On completion of the necessary investigations relating to all aspects of her claim a decision will be made and the person concerned will be notified directly of the outcome.

Jack Wall

Ceist:

156 Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for rent allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38376/11]

The person concerned made an application for rent supplement on 27th October 2011. Her claim was awarded on 30th November and the person concerned is now in receipt of her full entitlement to rent supplement based on her household circumstances.

Social Welfare Appeals

Pat Breen

Ceist:

157 Deputy Pat Breen asked the Minister for Social Protection when a decision will issue on an appeal in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [38399/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18 October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred in due course 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

Michael Creed

Ceist:

158 Deputy Michael Creed asked the Minister for Social Protection if a person (details supplied) in County Cork is entitled to carer’s allowance; and if she will make a statement on the matter. [38407/11]

I confirm than an application for carer's allowance has been received from the person concerned. On completion of the necessary investigations relating to all aspects of his claim a decision will be made and the person concerned will be notified directly of the outcome.

Social Welfare Code

Noel Grealish

Ceist:

159 Deputy Noel Grealish asked the Minister for Social Protection her views on community welfare officers not paying rent supplement direct to compliant landlords in situations where tenants have lost cases of rent arrears by determination orders from the Private Residential Tenancies Board; her views that continued payment to claimants in such cases can contribute to fraud, notwithstanding that the legislative provisions provide that the tenant’s relationship is with the Department and previously the Health Service Executive; and if she will make a statement on the matter. [38415/11]

Noel Grealish

Ceist:

160 Deputy Noel Grealish asked the Minister for Social Protection if she will undertake a review of the legislation regarding the payment of rent supplement to tenants; if she will acknowledge that there are three parties involved, tenant, social services and landlord, and that evidence of non-payment by the tenant to a compliant landlord should be considered as fraud; if she will acknowledge the role of compliant landlords in eliminating fraud against her Department; and if she will make a statement on the matter. [38416/11]

Noel Grealish

Ceist:

161 Deputy Noel Grealish asked the Minister for Social Protection if there is a specific form to be completed by a tenant requesting that rent supplement be paid direct to a compliant landlord, or another third party; if the request has to be made and signed in the presence of the community welfare officer; if a signed letter from a tenant, given to a landlord, is acceptable; and if she will make a statement on the matter. [38417/11]

Noel Grealish

Ceist:

162 Deputy Noel Grealish asked the Minister for Social Protection the circumstances in which a tenant can request payment of rent supplement to a compliant landlord; her views that it is best practice for tenants to agree to this in their own interests and to help combat fraud; her views that the provision for direct payment to landlords and others, repeated in many circulars to community welfare officers, should be the norm, or only in exceptional cases; and if she will make a statement on the matter. [38418/11]

I propose to take Questions Nos. 159 to 162, inclusive, together.

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. Under the legislative provisions governing rent supplement, the Department's relationship is with the tenant; the tenant makes the application for rent supplement and payment is made to the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their accommodation needs. There is no direct relationship between the landlord and the Department in the administration of the scheme.

Current legislation provides for the making of a rent supplement payment to another person (e.g. a relative, a landlord or landlord's agent) on behalf of the recipient, at the tenant's written request and subject to the consent of the Department. Where a tenant wishes to have the rent supplement paid directly to the landlord, the tenant is requested to sign an indemnity form authorising payment of the supplement directly to the landlord. The form does not have to be signed in the presence of the Department's representative. Approximately 20% of rent supplement payments are currently paid to a person other than the tenant.

Under the current arrangements, even with direct payment, landlords still have to collect the tenant contribution towards their rent (a minimum of €104 per month). The amount of rent supplement payable depends on the tenant's income; in some cases tenants pay only the minimum contribution while for others the tenant makes an additional contribution to their rent based on their financial circumstances. For example, where a person is in part-time income and receives just 10% of his or her rent directly from the State, the landlord would receive the 10% directly whilst still having to collect the 90% from the tenant.

It is open to the landlord to bring to the attention of the Department any instance where a tenant is receiving rent supplement but is not paying their rent. Where the Department becomes aware that a person receiving rent supplement is not using that supplement to meet housing costs, payment of the supplement is suspended and the matter investigated. Any overpayment of rent supplement incurred in circumstances of this kind may be recoverable from the tenant. Where a landlord has a grievance in relation to the non-payment of rent by a tenant, s/he may apply to the Private Residential Tenancies Board (PRTB) to have the dispute resolved through the Board's dispute resolution process.

Social Welfare Appeals

Billy Kelleher

Ceist:

163 Deputy Billy Kelleher asked the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [38423/11]

The Social Welfare Appeals Office has advised me that the person concerned was assessed by a Medical Assessor of the Social Welfare Services who was of the opinion that he was medically unsuitable for Disability Allowance. He appealed this decision and in that context he was assessed by another Medical Assessor who also expressed the opinion that he was medically unsuitable for Disability Allowance. At this stage the Social Welfare Services have been requested to submit relevant documents to the Social Welfare Appeals Office in this case. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and is responsible for determining appeals against decisions on social welfare entitlements.

Billy Kelleher

Ceist:

164 Deputy Billy Kelleher asked the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [38425/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22nd November 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Employment Support Services

Denis Naughten

Ceist:

165 Deputy Denis Naughten asked the Minister for Social Protection the reason persons on one-parent family payments are ineligible for the JobBridge scheme; her plans to revise the eligibility; and if she will make a statement on the matter. [38437/11]

My Department continues to monitor and review the operation of the JobBridge scheme, including its eligibility criteria, on an ongoing basis. However, there are no plans to amend the following participant eligibility criteria:

currently be in receipt of a live claim (Jobseekers Allowance/Jobseekers Benefit/Signing for Social Insurance Contribution Credits) on the Live Register; and

have been in receipt of Jobseekers Benefit, Jobseekers Allowance or signing for Social Insurance Contribution Credits for a total of 78 days or more in the last 6 months.

Given the scale of the unemployment crisis, one of the objectives of labour market policy is to keep those on the Live Register close to the labour market and prevent their drift into long-term unemployment. For these reasons, the eligibility for the JobBridge scheme is confined to those whose primary payment is a Jobseekers payment and who are on the Live Register. In so designing the scheme, the policy objective is to prioritise scarce resources on those on the Live Register so as to increase their chances of leaving it and ensure a reduction in exchequer costs over time.

Individuals in receipt of One Parent Family Payment may access a wide range of activation supports including the FÁS Work Placement Programme, which is designed to provide participants with valuable work experience, thereby improving their prospects of securing employment.

Departmental Staff

Finian McGrath

Ceist:

166 Deputy Finian McGrath asked the Minister for Social Protection if she will clarify a matter (details supplied). [38452/11]

The Civil Service Code of Standards and Behaviour sets out the standards required of civil servants in the discharge of their duties and is an important element of the framework within which all civil servants are expected to work. Areas of the Code that may be relevant in this situation are outlined below.

Section 13 of the Code of Standards states that civil servants are not allowed to use their official positions to benefit themselves or others with whom they have personal, family, business or other ties. Section 14 of the Code states that civil servants may not at any time engage in or be connected with any outside business or activity which would in any way conflict with the interests of their departments/offices, or be inconsistent with their official positions, or tend to impair their ability to carry out their duties as civil servants. For this reason, civil servants intending to be engaged in or connected with any outside business or employment should inform their Personnel/Human Resources Management Section of such an intention.

A civil servant who, in the course of his or her official duties, comes into contact with any matter affecting any commercial undertaking in which he or she has an interest, must immediately disclose the nature and extent of that interest to the Secretary General or Head of Office. A civil servant is not permitted to make representations on behalf of an outside association or organisation, either as an individual or as a member of a delegation, in relation to matters for which his or her Department/Office has responsibility except with the specific prior consent of the Head of his or her Department/Office.

The officer concerned should be advised to contact the Personnel Officer of my Department to clarify the position in relation to their role as a Director on the Board of Marino Fairview Home Help Care Service Limited.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

167 Deputy Bernard J. Durkan asked the Minister for Social Protection when a medical examination will be carried out in respect of an appeal for illness benefit in the case of a person (details supplied) in County Kildare; if she will arrange for expeditious review of this case; and if she will make a statement on the matter. [38455/11]

Payment of illness benefit to the person concerned was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was registered on 3rd November 2011 and the Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Expenditure

Michael McGrath

Ceist:

168 Deputy Michael McGrath asked the Minister for Social Protection the estimated cost to her Department of a 2% increase in the standard rate of VAT; and if she will make a statement on the matter. [38469/11]

The estimated cost to the Department of Social Protection of a 2% increase in the standard rate of VAT would be of the order of €3.3m. per annum. The Department's expenditure on goods and services that are liable for VAT can vary from year to year. The estimate given above is based on relevant expenditure figures for 2010.

Social Welfare Appeals

Noel Coonan

Ceist:

169 Deputy Noel Coonan asked the Minister for Social Protection when an application for invalidity allowance appeal will be finalised in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [38500/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 29 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 07 October 2011 and the appeal was assigned to an Appeals Officer on 22 November 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.

Tony McLoughlin

Ceist:

170 Deputy Tony McLoughlin asked the Minister for Social Protection the position regarding an appeal for a position as carer in respect of a person (details supplied) in County Leitrim; and if she will make a statement on the matter. [38506/11]

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

Social Welfare Benefits

Bernard J. Durkan

Ceist:

171 Deputy Bernard J. Durkan asked the Minister for Social Protection when payment will issue in respect of one-parent family payment or a basic social welfare payment in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38513/11]

The person concerned was requested to provide additional information in support of her application for one parent family payment. A decision will be made on her application when she furnishes all documents requested. Her application for supplementary welfare allowance was refused as she failed to provide information requested. She has appealed this decision to the social welfare appeals office.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

172 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an appeal will be heard in respect of an application for supplementary welfare allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38525/11]

Bernard J. Durkan

Ceist:

173 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an appeal will be heard in respect of an application for mortgage interest supplement in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38526/11]

I propose to take Questions Nos. 172 and 173 together.

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence disallowed the supplementary welfare allowance (mortgage interest supplement) appeal of the person concerned by way of summary decision. The person concerned has been notified of the Appeals Officer's decision. There is no trace of an application for basic supplementary welfare allowance for the person concerned. 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

Clare Daly

Ceist:

174 Deputy Clare Daly asked the Minister for Social Protection if a person (details supplied) in County Dublin could sign on in their local office and collect their payment in their local office. [38528/11]

The person is currently on the part-time job incentive scheme. This scheme is for those working less than 24 hours a week who had been on jobseeker's allowance for more than 15 months. It allows them to take up part-time work and get a part-time job allowance instead of jobseeker's allowance.

Due to technical constraints, payment under this scheme must be made manually. Manual payments are authorised from the maintenance section of each Local Office and paid at the nearest Post Office. The local office in this case is Swords and currently, the services for Swords are provided from a number of locations, pending the acquisition of suitable premises in Swords itself. Fresh claims, enquiries and claim decisions are dealt with from two separate premises in Swords while the signing centre and maintenance section for Swords is located in North Cumberland Street, Dublin 1.

My Department appreciates the inconvenience but under the current arrangements until such time as suitable premises are available in Swords, the person must attend the maintenance section in North Cumberland Street to collect authorisation for a manual payment to be made at Parnell Street Post Office.

Social Welfare Appeals

Sean Fleming

Ceist:

175 Deputy Sean Fleming asked the Minister for Social Protection when an appeal for a disability allowance will be granted in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [38552/11]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned. The person concerned has been notified of the 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.

Sean Fleming

Ceist:

176 Deputy Sean Fleming asked the Minister for Social Protection when an appeal for a disability allowance in respect of a person (details supplied) in County Laois will be granted; and if she will make a statement on the matter. [38553/11]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence, including that adduced at oral hearing, has allowed the appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Redundancy Payments

Patrick Nulty

Ceist:

177 Deputy Patrick Nulty asked the Minister for Social Protection the position regarding an application for redundancy in respect of a person (details supplied) in Dublin 15; and when a decision will issue. [38563/11]

A redundancy lump sum claim in respect of the person concerned was awarded on 1 December 2011. A cheque payment will issue shortly.

Social Welfare Code

Robert Dowds

Ceist:

178 Deputy Robert Dowds asked the Minister for Social Protection if she will consider means testing children’s allowance so that families with incomes of greater than €100,000 are not eligible; and if she will make a statement on the matter. [38580/11]

Child benefit assists parents with the cost of raising children and it contributes towards alleviating child poverty. Expenditure on child benefit for 2011 is estimated at €2.08 billion in respect of some 1.133 million children. The Government is conscious that child benefit, as a universal payment, can be an important source of income for all families, especially during a time of recession and high unemployment. The social protection system also provides assistance to low income families with children through the payment of qualified child increases on primary social welfare payments and through the family income supplement payment. Both of these provide a level of assistance which is directly or indirectly linked with a household's income situation.

I have announced no plans to implement means-testing or income-testing of child benefit at this time. If the Government decided in principle to progress on these lines, there are many policy, legislative and administrative issues that would have to be addressed. These include:

From a policy perspective, detailed assessment would have to be given to a number of key questions such as the appropriate treatment of different types of income, cut-off points for family income and rates of benefit withdrawal;

Furthermore, consideration would also need to be given to the likely consequences of income or means-testing child benefit, as there is the potential for very significant disincentive effects for income earners as it would add to reducing the return from higher earnings;

Means testing of child benefit would address only one of the main child income support payments and a clear policy direction would have to be considered to ensure a consistent approach with other income-related payments; and

From an administrative perspective, a new mechanism for assembling household income would have to be put in place with very considerable administrative consequences. These would include ensuring that systems are in place to ensure that households only claimed benefits to which they were entitled, as the scale of means testing approximately 600,000 families would be significantly greater than anything required by the current social protection system currently.

This raises complex issues about the purpose and effectiveness of the full range of income supports provided through the social protection system. In this context and in line with a commitment in the Programme for Government, I established in June of this year an Advisory Group on Tax and Social Welfare to consider issues around these and a number of other matters. The issue of family and child income supports is currently being examined by the Group which has been tasked with recommending cost-effective solutions as to how employment disincentives can be improved and better poverty outcomes achieved, particularly child poverty outcomes. In the circumstances, any reforms in this area should comprehensively address the broader range of issues raised before the Government decides on how to proceed for the future.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

179 Deputy Bernard J. Durkan asked the Minister for Social Protection when a decision will issue on an application for disability allowance in the case of a person (details supplied) in County Kildare who has no current income; if she will expedite this case; and if she will make a statement on the matter. [38603/11]

I can confirm that the Department is in receipt of an application for disability allowance from the person concerned. On completion of the necessary investigations on all aspects of the claim a decision will be made and the person concerned will be notified directly of the outcome. The average time taken to process a claim to completion, including assessment of the claimant's means, medical condition and habitual residence status is currently approximately 17 weeks. If the person is in need of urgent income support he can apply for the means tested supplementary welfare allowance (SWA) from the Department's community welfare service.

Question No. 180 withdrawn.

Redundancy Payments

Finian McGrath

Ceist:

181 Deputy Finian McGrath asked the Minister for Social Protection if she will respond to correspondence (details supplied) regarding redundancy payments. [38645/11]

A redundancy lump sum claim in respect of the person concerned was received on 19 July 2011. Redundancy lump sum claims received at the start of May 2011 are currently being processed. My officials have written to the person concerned informing them of this position.

Question No. 182 withdrawn.

Social Welfare Appeals

Noel Harrington

Ceist:

183 Deputy Noel Harrington asked the Minister for Social Protection if she will reinstate the carer’s allowance that was granted in April 2011 to a person (details supplied) in County Cork, which was returned in error to the Department due to it being delivered to the wrong house; and if she will make a statement on the matter. [38736/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 6 October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

John O'Mahony

Ceist:

184 Deputy John O’Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a reply in respect of their carer’s allowance appeal; and if she will make a statement on the matter. [38745/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 2 June 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 23 September 2011 and the appeal has been 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.

Pat Breen

Ceist:

185 Deputy Pat Breen asked the Minister for Social Protection when a decision will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [38752/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 15 November 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Bernard J. Durkan

Ceist:

186 Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 148 of 17 November 2011, if she will facilitate an appeal and review under section 311 of the Social Welfare Consolidation Act 2005 against the previous decision with a view to clarification of the sequence of events and the extent of information provided over a series of months; and if she will make a statement on the matter. [38754/11]

For the reasons stated in my response to Parliamentary Question Ref. No. 35427/11 on 17 November 2011, the claim of the person concerned for rent supplement was disallowed by an Appeals Officer of the Community Welfare Service of the Health Service Executive on 23 May 2011. The person was informed of his right to a further appeal to the Chief Appeals Officer and that such appeal must be made, in writing, within 21 days of the date of that decision. I am advised by the Social Welfare Appeals Office that no appeal by the person concerned has been received by that office. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

187 Deputy Bernard J. Durkan asked the Minister for Social Protection if a review will take place of the eligibility for payment under the disability allowance scheme in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38755/11]

No application for disability allowance has been received to date from the person concerned. An application form and an information booklet have been sent to him. If the person in question wishes to apply for disability allowance, he should complete the form and return it to the Department and his entitlement to disability allowance will be examined. He will be notified in writing of the outcome.

Social Welfare Code

Aengus Ó Snodaigh

Ceist:

188 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she is currently using the definition of “cohabitation” in the new Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Part 15, section 172; and if the statement published on the website in the section, Civil Partnership FAQs, question 14, section A paragraph (c), as updated 24 March 2011, is correct. [38759/11]

The term "cohabitant" is defined in the social welfare code in accordance with section 172 (1) of the Civil Partnership and Certain Rights and Obligations Act, 2010, which states that "a cohabitant is one of two adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other". This definition is also published on the Department's website in the section Civil Partnership FAQs, Question 14, section A, Paragraph c. Since 1 January 2011, the social welfare code recognises all cohabiting couples and the Department treats same and opposite sex cohabiting couples in a similar way.

In relation to cohabiting couples, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, creates a cohabitant's redress scheme for same-sex and opposite-sex couples giving protection to an economically dependent party at the end of a long-term cohabiting relationship (at least five years or two where there is a child of the relationship) where the couple has not chosen to marry or to register in a civil partnership as the case may be. Qualified cohabitants are not able to make a claim on the estate of a deceased cohabitant where their relationship ended more than two years before that person's death (except where a court decides that the qualified cohabitant is still dependent on the deceased person). This allows the economically dependent partner at the end of the relationship, whether by break-up or bereavement to apply to court for certain reliefs, including for provision from the estate of the deceased partner, or for maintenance, pension adjustment orders or property adjustment orders, (the reliefs available on application to the Courts are at the courts discretion) and gives legal recognition to cohabitant agreements enabling cohabitants to regulate their joint financial affairs.

Social Welfare Appeals

Jack Wall

Ceist:

189 Deputy Jack Wall asked the Minister for Social Protection the position regarding an illness benefit appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38811/11]

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.

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.

Question No. 190 answered with Question No. 146.

Brendan Griffin

Ceist:

191 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the appeal for disability allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [38842/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 07 June 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 01 November 2011 and the appeal has been 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.

Employment Support Services

Maureen O'Sullivan

Ceist:

192 Deputy Maureen O’Sullivan asked the Minister for Social Protection the plans in place regarding the implementation of an exit plan for graduate recruits in JobBridge to increase their chances of employment after the internship; and if she will make a statement on the matter. [38865/11]

The aim of JobBridge is to assist individuals bridge the gap between unemployment and the world of work. JobBridge offers individuals a unique opportunity to develop new skills and earn valuable experience, while simultaneously showing a potential employer the valuable contribution they could make to their organisation. Upon completing a JobBridge internship an intern will have enhanced their employability. Anecdotal evidence shows that several individuals have secured employment as a direct result of their JobBridge experience.

There is no specific exit plan for participants of JobBridge as referred to by the Deputy. However, if an employer offers a JobBridge intern employment they may be able to avail of the Employer Job (PRSI) Incentive Scheme. Under this scheme employers will be exempt for 12 months from having to pay their share of PRSI for new employees who have been in receipt of Jobseekers Benefit/Allowance for at least 6 months. This may also include eligible JobBridge interns. A full evaluation of JobBridge will commence in early 2012. The evaluation will assess the impact of the scheme on the unemployed so as to inform future policy development in this area.

Maureen O'Sullivan

Ceist:

193 Deputy Maureen O’Sullivan asked the Minister for Social Protection the provisions being made to measure the effectiveness of current and future employment schemes; if any measurement exists specifically for graduate unemployment; and if she will make a statement on the matter. [38866/11]

My Department funds and operates a wide range of initiatives to support the unemployed and other recipients of social welfare payments. Schemes and programmes are monitored on an ongoing basis to ensure they remain fit for purpose. Initial work on a review of certain activation measures has commenced. The format of the review has recently been agreed and it will take a number of months to complete. Employment and training programmes delivered by FÁS were the subject of a review undertaken by Forfás which was published in February 2010. In addition, my Department last month issued a request for tender for the evaluation of the JobBridge scheme which will be undertaken in 2012. The closing date for receipt of tenders is 9 December.

Social Welfare Benefits

Patrick Nulty

Ceist:

194 Deputy Patrick Nulty asked the Minister for Social Protection the position regarding fuel allowance in respect of a person (details supplied) in County Dublin; the reason the payment has been suspended; if it will be reviewed and put into payment; and if she will make a statement on the matter. [38876/11]

The person concerned has been in receipt of illness benefit since 27 June 2011. Illness benefit is a short-term income support. Fuel allowance is not payable under the illness benefit scheme. Previously, the person concerned was in receipt of jobseeker's allowance and qualified for fuel allowance under that scheme. If a person has an urgent or exceptional need they may apply to their local Community Welfare Officer for assistance under the supplementary allowance scheme.

Question No. 195 withdrawn.

Robert Troy

Ceist:

196 Deputy Robert Troy asked the Minister for Social Protection the reason a person (details supplied) in County Westmeath is not being granted a full transition pension having been in full-time insurable employment since 16 years of age; if she will honour all social welfare contributions made by the person and whose employers may not fulfil their obligations to the Revenue Commissioners; and if she will make a statement on the matter. [38906/11]

The qualifying conditions for State pension (transition) require the applicant to:

have entered insurable employment before attaining the age of 55 years (age 56 for State pension contributory).

have at least 260 paid contribution weeks, since entry into insurance.

have a yearly average of at least 24 paid/credited contributions.

According to the records of the Department, the person concerned has self-employment contributions paid from April 1989 to 2011. The Department does not have a record of the person concerned paying PRSI contributions as an employed contributor prior to that date. Self-employment (S-class) PRSI is not a reckonable class of social insurance for State pension (transition). A social welfare inspector has been requested to investigate the position relating to his employment as a mechanic during the period 1959 to 1980, and to confirm if any additional PRSI contributions would be due for this period. When this investigation has been completed, his claim to State pension (transition) will be reviewed and he will be notified of the outcome. The person concerned satisfies the conditions for entitlement to a State pension (contributory) at 98% of the maximum rate, payable from age 66.

Question No. 197 withdrawn.

Social Welfare Appeals

Pat Breen

Ceist:

198 Deputy Pat Breen asked the Minister for Social Protection when a decision will issue on carer’s allowance in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [38916/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 28th March 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 19th September 2011 and the appeal was assigned to an Appeals Officer on 15th November 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.

Employment Support Services

Aengus Ó Snodaigh

Ceist:

199 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if any evaluation was carried out of the piloted part-time job opportunity programme between 1994 and 1998; the finding of same; and if she will make a statement on the matter. [38919/11]

I am aware of the proposal advanced by Social Justice Ireland (SJI) that seeks to create 100,000 part-time working positions in the public, community and voluntary sectors. The proposal is based on a similar approach piloted between 1994 and 1998 where the participant is required to work the number of hours required to earn the equivalent of their social welfare payment and a small top-up. SJI propose that access would be on a voluntary basis and participants would be paid through the reallocation of social welfare payments to the employing organisations. Additionally, participants would be allowed to take up other paid employment in their spare time without incurring loss of benefits and would be subject to normal income tax and payroll deductions in the normal way if their total income brought them into the tax net.

The previous scheme was administered by CORI and operated for three years from June 1994. My understanding is that an evaluation was conducted by then Department of Enterprise and Employment which identified a number of innovations which were subsequently mainstreamed with a restructuring of community employment, the introduction of spousal swaps and the development of Jobs Initiative which was modelled on a 39 hour working week with the participant receiving the equivalence of their former social welfare rate of payment. The Jobs Initiative was subsequently closed to new applications in 2004 and currently supports over 1,300 people in employment.

Given the range of interventions my Department currently funds and operates, I would need to be convinced that the approach advanced by SJI could not be accommodated within the range of existing schemes that my Department currently funds and operates. I have already indicated that I wish to look at the effectiveness of the existing range of initiatives and schemes to see if better output can be achieved. At present, community employment has capacity to engage 23,300 participants; the rural social scheme supports 2,700; Tús — the community work placement initiative — has 2,000 on payroll and will have 5,000 participants in place in 2012. JobBridge currently has placed over 3,000 people in internships with a target of 5,000.

Social Welfare Appeals

John McGuinness

Ceist:

200 Deputy John McGuinness asked the Minister for Social Protection if she will expedite a decision relative to a claim for domiciliary care allowance and carer’s allowance in respect of a person (details supplied). [38979/11]

The person concerned applied for Domiciliary Care Allowance (DCA) in respect of her two sons. These applications were referred to one of the Department's Medical Assessors who found that the children were not medically eligible for the Allowance. She was notified of the decision on 19th August 2011 and has since appealed the decisions. Currently, one appeal is being reviewed by one of the Department's Medical Assessors and the second appeal has been sent to the Social Welfare Appeals Office for their consideration.

Carer's Allowance can be paid to persons providing full-time care to a child with a disability provided the child is in receipt of DCA and the applicant satisfies a means test. An application for Carer's Allowance was received from the person concerned on 31st May 2011 in respect of her two sons. This application was refused on 8th November as neither child is in receipt of DCA. The person concerned was notified of the decision and informed of her right to appeal the decision to the Social Welfare Appeals Office.

Social Welfare Code

John McGuinness

Ceist:

201 Deputy John McGuinness asked the Minister for Social Protection her plans, if any, to provide some form of benefit or guaranteed income for self-employed persons who are now unemployed and have no income; if the benefits and pension entitlements enjoyed by the public sector will be extended to the private sector; if the guarantees outlined in the national pensions framework 2010 will be extended to all workers; and if she will make a statement on the matter. [38981/11]

Self-employed persons are liable for PRSI at the Class S rate of 4% which entitles them to access long-term benefits such as State pension (contributory) and widow's, widower's or surviving civil partner's pension (contributory). Ordinary employees who have access to the full range of social insurance benefits, including jobseeker's benefit, pay Class A PRSI at the rate of 4%. In addition, their employers make a PRSI contribution of 10.75% in respect of their employees, resulting in the payment of a combined 14.75% rate per employee under full-rate PRSI Class A. (For employees earning less than €356 per week, the rate of employer's PRSI is 4.25%).

In this context it should be noted that self-employed workers generally achieve better value for money by paying social insurance compared with employees. The 2005 Actuarial Review of the Social Insurance Fund found that the fund favours the self-employed over the employed when both employer and employee contributions are included in respect of the employed person. For example a male married self-employed contributor earning gross average industrial wages had a value for money index of 10.3 compared with an index of 3.1 for an equivalent employee. In basic terms this means that, with regard to benefits, the self-employed contributor can expect to receive over 10 times what he contributes to the social insurance fund compared to the employee who, even with access to a broader range of benefits, only gets 3 times what he and his employer contribute. The analysis demonstrates that, despite the fact that they are eligible for a narrower range of benefits, self-employed persons can gain substantially more from the fund than employees.

Any changes to the PRSI system in order to provide access to short-term benefits such as jobseeker's benefit would have significant financial implications and would have to be considered in the context of a much more significant rise in the rate of contribution payable. I established the Advisory Group on Tax and Social Welfare earlier this year to meet the commitment made in the Programme for Government. The Advisory Group will, inter alia, examine and report on issues involved in providing social insurance cover for self-employed persons in order to establish whether or not such cover is technically feasible and financially sustainable.

The Deputy should be aware that self-employed persons may establish eligibility to assistance-based payments including payments such as jobseeker's allowance. In general, assessment of means account will be taken of the level of earnings in the last twelve months in determining their expected income for the following year. In the current climate account is taken of the downward trend in the economy.

The National Pensions Framework (NPF) which was published in March 2010 provides for a range of reforms across all types of pension provision — private sector occupational schemes; voluntary or personal pensions, public sector pensions and the State pension. As such it impacts on a range of workers, including people who are self-employed. Elements of the NPF are specifically intended to assist those in the lower to middle income ranges to provide for pensions in order to improve their post retirement income. However, the NPF aims to deliver security, equity, choice and clarity for all and to ensure that State support for pensions is equitable and sustainable.

Pension arrangements for public servants are the responsibility of the Minister for Public Expenditure and Reform. You will be aware that the reform of public sector pensions is a key element of the wider public sector reform agenda and a commitment in the agreement with the EU/IMF/ECB. The Department of Public Expenditure and Reform has been working on the development of a new single pension scheme for new entrants to the public sector and legislation providing for this scheme was published in September 2011.

Question No. 202 withdrawn.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

203 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment under the rent allowance scheme will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [38999/11]

The person concerned has been awarded rent supplement. Payment, including arrears, will issue to the landlord's bank account on 29th December 2011.

Social Welfare Appeals

Bernard J. Durkan

Ceist:

204 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment under the domiciliary care allowance scheme will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [39000/11]

An application for domiciliary care allowance was received on 28th September 2011. This application was referred to one of the Department's Medical Assessors who found that the child was not medically eligible for the allowance. A letter issued on 26th November 2011 advising of the decision. In the case of an application which is refused on medical grounds the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office within twenty one days.

Social Welfare Code

Bernard J. Durkan

Ceist:

205 Deputy Bernard J. Durkan asked the Minister for Social Protection, further to Parliamentary Question No. 148 of 17 November 2011, if she will clarify that rent allowance is not available to a parent who has less than full-time custody of his or her children; and if she will make a statement on the matter. [39001/11]

Bernard J. Durkan

Ceist:

206 Deputy Bernard J. Durkan asked the Minister for Social Protection when it was decided to withdraw rent support from parents who do not have sole custody or are not the primary carer of their children; and if she will make a statement on the matter. [39002/11]

Bernard J. Durkan

Ceist:

207 Deputy Bernard J. Durkan asked the Minister for Social Protection if rent support is payable to either parent or not at all in the case of shared custody of a child or children; and if she will make a statement on the matter. [39003/11]

I propose to take Questions Nos. 205 to 207, inclusive, together.

The purpose of the rent supplement scheme 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. The overall aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer.

Every claim for rent supplement is determined having regard to the particular circumstances of the applicant. Any person seeking a rent supplement must first satisfy the Department's representative that they have a housing need that they are unable to meet from their own resources. In addition, the Department must be satisfied that the residence is reasonably suited to the residential and other needs of the claimant. The Department must also be satisfied that the rent payable is reasonable having regard to the nature, character and location of the residence.

In a case where parents have joint custody of a child, the needs of both parents to have adequate accommodation to look after the child are taken into account when an application for a rent supplement is being determined. In such cases, documentation is normally required showing that a joint custody arrangement is in place and being availed of before a decision can be made. The fact that one parent is in receipt of rent supplement would not in itself preclude the other parent from being entitled to assistance towards their rent.

Grant Payments

Brendan Griffin

Ceist:

208 Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that was a beneficiary of same. [38334/11]

The information sought by the Deputy in relation to the grants and amounts paid by my Department to community and voluntary groups in Galway city and county to date in 2011 is set out in the following table. As the Deputy will be aware, my Department, as currently configured, was established on 2 June 2011 and therefore the available information is being provided from that date. As the Deputy will be further aware, on foot of the reconfiguration of Government Departments earlier this year, the prime responsibility in relation to community affairs now rests with the Minister for the Environment, Community and Local Government.

The Deputy will appreciate that, generally speaking, details of the names of the chairperson, secretary and treasurer of such groups would be a matter for the groups themselves. However, if the Deputy has a concern in relation to a specific group, I would be glad to provide any further information that may be available to my Department.

Community & Voluntary Group in Galway City and County

Amount Paid since 2 June 2011

Coiste Forbartha an Mháma

€10,667

Óige na Gaeltachta

€6,041

Ionad Pobail Cill Chiaráin

€35,400

Coiste Pobail Chamuis

€20,749

Coiste Pobail an Tulaigh

€7,057

Ionad Tacaíochta Teaghlaigh Teo

€13,058

Comhar Chaomhán Teo

€8,340

Coiste Spreagadh na nAosach

€30,709

Coiste Pobail na bhForbacha

€4,182

Ionad Fóillíochta Bhaile Chláir

€10,000

Coiste Forbartha Chorr na Móna

€32,987

Comhairle Chonnachta

€32,721

Comhairle Chonnachta

€82,637

Óige na Gaeltachta

€7,566

Acadamh na hOllscolaíochta Gaeilge

€3,000

An Gaelacadamh

€146,190

Comhlacht Forbartha an Spidéil

€9,261

Fibín Teo

€9,008

Comhairle Chonnachta

€32,721

Campa Sacair Chumann Sacair Chois Fharraige

€950

Campa Saoire Chois Fharraige

€21,450

Campa Spóirt Dhúiche Sheoigheach

€3,150

Campa Samhraidh na Ceathrún Ruaidh

€1,700

Campa Samhraidh Liathróid Láimhe

€1,950

Campa Camógaíochta Chois Fharraige

€1,150

Campa Spraoi Leitir Mucú

€3,420

Campa Kayakadóireacht Inis Meáin

€500

Campa Snámh agus Tarrthála na Ceathrún Ruaidh

€9,300

Campa CLG an Cheathrú Rua

€5,050

Campa Samhraidh na Ceathrún Ruaidh

€1,350

Campa Camógaíochta Chois Fharraige

€2,500

Acadamh na hOllscolaíochta

€3,270

Comhar Chuigeal

€2,500

Campa Clár Críochnú Scoile

€400

Cumann Peile Micheál Breathnach

€7,775

Comhar Chuigeal

€5,800

Conradh na Gaeilge

€10,160

Campa Liathróid Láimhe An Cnoc

€950

Dréimire

€1,740

Campa Sacar an Cheathrú Rua

€2,600

Ionad Tacaíochta Teaghlaigh

€2,060

Muintearas

€7,159

Naíonra Dhúiche Sheoigheach

€1,350

Ógras

€1,000

Pléaráca Teo

€1,700

Seirbhís Spóirt Chonamara

€3,100

Sportlann Naomh Anna

€200

Taibhdhearc na Gaillimhe

€174,089

Gaillimh le Gaeilge

€66,000

Spleodar (Cúrsaí Samhraidh agus Imeachtaí don Óige) Orán Mór

€33,120

Druid Lane Theatre (Arts Capital Payment)

€37,227

Departmental Staff

Alan Farrell

Ceist:

209 Deputy Alan Farrell asked the Minister for Arts, Heritage and the Gaeltacht the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38353/11]

As the Deputy will be aware, my Department was established on 2nd June 2011. The following table sets out the number and the annualised value of increments paid to staff in my Department from that date until end-2011, as well as those due for payment in 2012.

Period

No. of staff due increments in period (WTE)

Estimated annualised cost of increments

2 June — 30 Nov 2011

173.4

€236,374

1 Dec — 31 Dec 2011

14.5

€18,659

1 Jan — 31 Dec 2012

285.8

€401,163

Payment of increments to staff in my Department is subject to staff receiving a satisfactory rating through the Performance Management Development System.

Turbary Rights

Paul Connaughton

Ceist:

210 Deputy Paul J. Connaughton asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the fact that there is widespread opposition to the proposal to transfer the fee simple and rights of turbary on plot Nos. 7, 17, 19, 25-33, 44-49, 52, on 10.307 hectares in the townland of Meelickmore, Barony of Dunmore, County Galway from the Irish Land Commission to the National Parks and Wildlife Service; if his further attention has been drawn to the fact that the transfer of fee simple only and subject to rights of turbary of plot Nos. 22, 23, 24 are also involved; if he is aware that the local landholders adjacent to this property tendered to purchase these bogs a number of years ago but were never notified of the result and urgently want this process to be stopped, particularly in view of the difficult circumstances that many bog owners now find themselves in across the country; and if he will make a statement on the matter. [38403/11]

I understand that it has been established practice for the Department of Agriculture, Food and the Marine to offer the opportunity to my Department from time to time to acquire land or turbary rights which it holds on former Land Commission sites, such as those referred to in the Deputy's Question. As Minister, I consider that there is significant potential value for my Department in having access to such lands, most particularly in cases where the relocation of turf cutters affected by the requirement to cease the cutting of turf on Ireland's 53 raised bog Special Areas of Conservation might be facilitated.

I would, of course, be happy to discuss with the Deputy any issues around the acquisition of the particular sites referred to, in the context of the overall efforts by my Department to meet the needs of turf cutters affected by the cessation requirements.

Departmental Expenditure

Michael McGrath

Ceist:

211 Deputy Michael McGrath asked the Minister for Arts, Heritage and the Gaeltacht the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38457/11]

As my Department typically cannot reclaim VAT incurred on goods and services, it is not a requirement of my Department's Financial Management System that VAT be recorded separately in all instances. It is not therefore possible to provide the estimate requested by the Deputy of the cost to my Department of a change in the standard rate of VAT.

Grant Payments

Marcella Corcoran Kennedy

Ceist:

212 Deputy Marcella Corcoran Kennedy asked the Minister for Arts, Heritage and the Gaeltacht the position regarding a grant application in respect of an organisation (details supplied); and if he will make a statement on the matter. [38844/11]

An application for capital funding to provide for the proposed development referred to by the Deputy was submitted to my Department in October 2008. The proposed facility had an anticipated cost at that time of €800,000, of which some €450,000 related to construction costs. Having evaluated the project in the context of significant changes in available resources and competing priorities, the applicant was informed in June 2010 that my Department would not be in a position to provide capital funding towards the project. A similar response to a subsequent application submitted in May 2010 was also issued by my Department. In the context of the implementation of the 20-Year Strategy for the Irish Language 2010-2030 and, notwithstanding the merit of the project in terms of the provision of the proposed facilities, it is unlikely that my Department will be in a position to provide funding for this project in the foreseeable future.

Energy Projects

Tom Fleming

Ceist:

213 Deputy Tom Fleming asked the Minister for Communications, Energy and Natural Resources if he is prepared to issue a policy decision, as allowed for under legislation, to eliminate the blockade in the establishment of a company (details supplied) in which a €500 million investment is at stake, involving the employment of 350 persons at the construction phase. [38879/11]

I refer the Deputy to my reply to Question No. 49 of 29 November 2011.

This matter, currently under consideration by the Commission for Energy Regulation, is a highly complex regulatory question given not least the implications for gas and electricity business and domestic consumers. As I previously advised, the CER's ongoing deliberative process in this regard is at a very advanced stage with a decision expected to be made in the next two months. There has been no change in the CER's timeframes in this regard.

I would again make the point to the Deputy that the CER's own process has been delayed by the formal complaint made by Shannon LNG to the EU Commission alleging that the options being considered in the CER's consultation amount to unlawful State-Aid.

Grant Payments

Brendan Griffin

Ceist:

214 Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that was a beneficiary of same. [38336/11]

I can provide the Deputy with information in relation to the Warmer Homes and eInclusion Schemes. The Sustainable Energy Authority of Ireland (SEAI) administers Better Energy: Warmer Homes on behalf of my Department, which is delivered through a range of Community Based Organisations (CBOs), augmented by a panel of private contractors. 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 is enabling over 20,000 low-income homes to benefit from energy efficiency retrofit measures this year.

Grant support is provided to a CBO for delivery of energy efficiency retrofits to eligible fuel poor homes and is directly linked to delivery by a CBO in any given year. The following table outlines the drawdown to date for each CBO in Galway city and county.

Community Based Organisation

Meitheal Forbartha na Gaeltachta (Connemara) *

Forum Connemara

Galway Traveller Movement T/A First Class Insulation

Chairperson

N/A

Mary Gannon

Patsy Sweeney

Treasurer

N/A

Mary Gannon (Acting)

Clare Davey

Secretary

N/A

Yvonne Keane

Lisa McDonagh

Drawdown to 2/12/2011

€29,705.00

€62,885.91

€293,556.88

*Meitheal Forbartha na Gaeltachta (Connemara) liquidated since September 2011

Separately, my Department also provides grant assistance to community and voluntary sector organisations throughout Ireland to support projects providing basic Internet use training. The most recent scheme (Bene fIT 3) awarded grants amounting to €1.6m to date in 2011. The training will be available at several locations including county Galway, between November 2011 and June 2012. Training is being provided through 19 Grantees involving over 200 organisations (National and local) in a wide variety of venues spanning approximately 700 locations.

While it is not possible at this stage to ascertain the precise amount of grant funds that pertain to Galway it is my understanding that 12 of the grantee organisations, listed in the following table, will be providing training throughout the County of Galway to approximately 1,560 people — this represents almost 4% of the total number of beneficiaries under the scheme. Further details on this scheme including the specific sum of grants awarded to organisations are available on my Department's website at www.eInclusion.ie.

Organisations providing training under the (Bene fIT 3) in County of Galway

Name

Active Retirement Ireland

Age Action Ireland

Ballyfermot IT Centre

Caring for Carers

Craol. Community Radio forum of Ireland

Dublin Employment Pact

ICS Skills

Ideas Institute (SIPTU)

Irish Congress of Trade Unions (ICTU)

Irish Internet Association

Irish Rural Link

National Learning Network

Proposed Legislation

Alan Farrell

Ceist:

215 Deputy Alan Farrell asked the Minister for Communications, Energy and Natural Resources his reasons for legislating for geothermal energy; the main issues this Bill will tackle; when he expects the Bill to be published; and if he will make a statement on the matter. [38349/11]

Geothermal energy is a new area of legislative endeavour which will create a legislative framework to facilitate the exploration for and development of geothermal energy resources. It will provide significant support to the geothermal energy sector with considerable security of tenure for potential investors. The Bill sets out an approach to the licensing of exploration for, and exploitation of, geothermal energy. It is modelled on the approach taken in respect of minerals exploration and development, but also deals with a range of ancillary issues such as entry onto land.

The general scheme of a Geothermal Energy Development Bill was published in July, 2010. It was also decided to publish the Regulatory Impact Assessment. Both these documents are available on my Department's website. I would expect that the Bill will be published in 2012.

Alan Farrell

Ceist:

216 Deputy Alan Farrell asked the Minister for Communications, Energy and Natural Resources his reasons for legislating for offshore gas storage facilities; the main issues this Bill will tackle; when he expects the Bill to be published; and if he will make a statement on the matter. [38350/11]

Natural gas plays a key role in Ireland's economy and fuels around 60 per cent of national power generation. The Government is committed to actions to ensure security of gas supply and the delivery of essential and timely investments in Ireland's energy infrastructure. It is also committed to continuing to actively encourage private sector interest in investing in gas storage. Offshore gas storage facilities can help provide more secure gas supplies for all consumers. Ireland's dependence on natural gas combined with EU gas security of supply obligations make it an imperative that a regulatory framework be put in place that encourages the market to provide new gas storage.

Ireland's sole offshore gas storage facility is operated in conjunction with commercial gas production activities at the South West Kinsale gas field. It is licensed under the petroleum production lease between the Minister and the company.

There is currently no legal mechanism to provide for Ministerial consent for the use of a depleted gas field as a solely stand-alone gas storage facility i.e. at a site where there is no gas production. Nor is there statutory basis to explicitly authorise stand-alone gas facilities in offshore geological features such as salt caverns. Given the growing market interest in exploring opportunities for offshore gas storage, it is timely to progress a legislative framework.

Legislation is required to regulate offshore gas storage as a stand-alone activity and thereby provide certainty to potential developers and to gas consumers. A legislative framework will provide the necessary signal to the market.

Following a consultation process undertaken earlier this year by my Department, the drafting of Heads of a Bill is currently under way. It is envisaged that the legislation will provide a regulatory regime for gas storage at offshore sites under the seabed, at sites where extraction activities are taking place, at depleted gas wells and at virgin sites.

In general terms, the regulatory regime will provide for the granting of exclusive rights over areas under the seabed for the purpose of gas storage and for the terms and conditions under which gas storage activities may be carried out.

Following the preparatory work now under way, I will be in a position to seek the approval of the Government for the drafting of the Bill in the first half of 2012 with a view to its publication later in the year.

Departmental Staff

Alan Farrell

Ceist:

217 Deputy Alan Farrell asked the Minister for Communications, Energy and Natural Resources the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38355/11]

In the time available, it has not been possible to compile the information requested by the Deputy.

Officials within my Department are continuing to compile the data relevant to the request and I will revert to the Deputy as soon as possible.

Departmental Expenditure

Michael McGrath

Ceist:

218 Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38459/11]

As VAT is a tax on expenditure incurred it is not possible to accurately predict the effect of a 2% increase in the standard rate. However, based on my Department's standard rate VAT cost for the last twelve month period, a 2% increase would result in an additional cost of €36,000 per annum.

Inland Fisheries

Joe McHugh

Ceist:

219 Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources if he will consider allowing angling clubs or volunteers to carry out some rehabilitation works on spawning beds in County Donegal rivers that are listed by him as closed; and if he will make a statement on the matter. [38477/11]

I believe stakeholder involvement is crucial to ensure the conservation of our salmon stocks. In that context Inland Fisheries Ireland (IFI) operated a successful pilot scheme in 2011 whereby funds were made available to angling clubs and voluntary organisations for projects to facilitate the rehabilitation of salmon stocks. The scheme has proven to enhance habitat, knowledge and ultimately the angling and commercial fisheries in Ireland and I am pleased at its extension to 2012.

IFI launched the Salmon Conservation Scheme for 2012 on 2nd December. The scheme will facilitate the rehabilitation of salmon stocks giving priority to rivers below their conservation limit, which have the greatest prospect of recovery.

Application forms and full details of the scheme are available on www.fisheriesireland.ie or from any IFI office and completed applications must be returned by March 31st, 2012, following which evaluation will take place.

Electricity Supply

Dominic Hannigan

Ceist:

220 Deputy Dominic Hannigan asked the Minister for Communications, Energy and Natural Resources if there has been any discussions about the ESB extending their meter reading service to six times a year as opposed to the current four times a year with the additional two bills calculated on estimates; and if he will make a statement on the matter. [38531/11]

ESB is an independent commercial State body and the matter referred to by the Deputy arises from ESB operational matters in which I have no function.

Broadcasting Services

Robert Troy

Ceist:

221 Deputy Robert Troy asked the Minister for Communications, Energy and Natural Resources if the Communications Regulator, ComReg, has estimated to him or his officials the amount of additional licence fee income that might be generated by lowering to the draft condition of 70% of population the coverage requirement under the new spectrum licences in the 800 MHz, 900 MHz and 1800 MHz bands. [38543/11]

The management of the radio spectrum is a statutory function of the Commission for Communications Regulation (ComReg) under the Communications Regulation Act 2002.

ComReg believes that the 70% of population coverage requirement is sufficient to ensure that cherry picking solely of high-density urban areas could not occur. It is also modest enough to avoid the duplication of build-out in low population density areas. While no estimate is available regarding the amount of extra licence fee income that might be generated by the draft condition of 70% of population, I am advised by ComReg that unnecessary duplication of build-out would incur additional costs for industry, would be inefficient, and could consequently impact on licence fee income.

ComReg has undertaken an extensive and comprehensive public consultation process on its proposals for the forthcoming spectrum auction and I expect that it has examined every aspect in great detail with a view to ensuring the maximum possible benefit for consumers, in accordance with ComReg's statutory obligations. Details of ComReg's proposals are available in ComReg's latest published document "ComReg 11/60" and associated documents.

Waste Disposal

Clare Daly

Ceist:

222 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he has assigned funding for the Nevitt landfill, Lusk, County Dublin. [38562/11]

Brendan Ryan

Ceist:

231 Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government the position regarding the proposed super dump (details supplied) in north County Dublin; if compulsory purchase orders will be issued before 14 December; and his views on the short, medium and long-term plans for the site. [38557/11]

Clare Daly

Ceist:

233 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will confirm if Fingal County Council has requested him to re-examine the proposed major landfill at Nevitt, Lusk, County Dublin; and if he has made available funds for the acquisition of land through compulsory purchase order and to carry out the works necessary to develop the site. [38561/11]

I propose to take Questions Nos. 222, 231 and 233 together.

Fingal County Council has brought the matter of the decision in relation to the proposed Nevitt landfill to the attention of my Department.

However, in accordance with the provisions of the Waste Management Acts, the preparation and adoption of a waste management plan, including matters in respect of infrastructure provision, are the statutory responsibility of the local authority or authorities concerned. Under section 60(3) of the Waste Management Act 1996, I am precluded from exercising any power or control in relation to the performance by a local authority, in particular circumstances, of a statutory function vested in it.

Financial arrangements and site plans in relation to proposed local authority waste infrastructure are primarily a matter for the relevant local authority or authorities, in this instance Fingal County Council.

In line with national policy, my Department does not provide capital funding for new heavy waste infrastructure, including landfills, and, accordingly I have not provided funds for the acquisition of land or for the development of the proposed Nevitt landfill.

Security of the Elderly

Liam Twomey

Ceist:

223 Deputy Liam Twomey asked the Minister for the Environment, Community and Local Government if he will remove the obligation for a means test in view of the fact that it discourages elderly persons from applying for senior alert scheme alarms; and if he will make a statement on the matter. [38739/11]

My Department manages the Seniors Alert Scheme which encourages and assists the community's support for older people by means of a community-based grant scheme to improve the security of people over 65 years of age. The Scheme is administered by local community and voluntary groups with the support of my Department.

The Scheme is not means-tested. However Community and Voluntary groups are asked to determine whether persons who apply for the grant have the means to purchase the equipment without grant support. This is established before an application for the grant is made so as to ensure that the most vulnerable people that the Scheme wishes to facilitate are in a position to receive the grant.

Regional Road Network

Mattie McGrath

Ceist:

224 Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government his views on the condition of the country’s roads in particular rural country roads that are being neglected by local authorities; his plans to ensure that these roads are not further neglected; his further views that the long term neglect of these roads will lead to increased cost to him and local authorities and have a devastating effect on local infrastructure and business; and if he will make a statement on the matter. [38311/11]

Under the Roads Act 1993 the improvement and maintenance of regional and local roads is a matter for the relevant local authority and the Minister for Transport, Tourism & Sport. I have no function in this matter.

Grant Payments

Brendan Griffin

Ceist:

225 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38338/11]

The table below details grants paid to Community and Voluntary groups in Galway city and county to date in 2011 from various programmes within my Department. Board membership of Community & Voluntary organisations is a matter for the organisations in question, and can be obtained directly from the groups — contact details for each of the groups is listed below.

Name of Organisation

Town

Contact No.

Amount paid in 2011

Purpose/Programme

Community Workers Co-operative

Tuam

091-755090

€23,899.60

Scheme for National Organisations

INCADDS — Irish National Council of Attention Deficit Hyperactive Disorder Support Groups

Claregalway

091-798266

€33,467.87

Scheme for National Organisations

National Federation of Voluntary Bodies Providing Services to People with Intellectual Disability

Oranmore

091-792316

€18,087.84

Scheme for National Organisations

National Traveller Womens’ Forum

Tuam

091-771509

€38,087.84

Scheme for National Organisations

Rape Crisis Network Ireland

Galway City

091-563676

€81,175.68

Scheme for National Organisations

Community Platform

Tuam

091-779030

€20,000

Social Partnership Funding Scheme

Galway Volunteer Centre

Galway City

091-539930

€105,070

Scheme to Support Volunteering

Active Retirement Aughrim

Aughrim, Ballinasloe

086-8893262

€537.40

Seniors Alert Scheme

Annaghdown C A

Annaghdown

091-791985

€891.90

Seniors Alert Scheme

Aonad F R C

Ballygar

090-6624484

€7,892.50

Seniors Alert Scheme

Ballinakill Active Age Club

Letterfrack

095-41064

€2,700.10

Seniors Alert Scheme

Ballindereen C A

Kilcolgan

091-796780

€825.50

Seniors Alert Scheme

Bullaun C A

Bullaun, Loughrea

091-841883

€932.20

Seniors Alert Scheme

Claregalway Carnmore Senior Citizen Comm

Claregalway

086-8500390

€6,074.50

Seniors Alert Scheme

Cregmore C A

Cregmore, Claregalway

087-2507457

€950.00

Seniors Alert Scheme

Galway Contact

Galway City

091-527581

€30,589.75

Seniors Alert Scheme

Glenamaddy Community Care Ltd

Glenamaddy

094-9659269

€1,921.00

Seniors Alert Scheme

Gort Neighbourhood Watch

Gort

087-2722218

€6,857.25

Seniors Alert Scheme

Inishmann Order of Malta

Aran Islands

099-73053

€6,960.00

Seniors Alert Scheme

Knocknacarra Active Retirement

Knocknacarra

091-522898

€4,486.40

Seniors Alert Scheme

Loughrea Lions Club

Loughrea

086-3651488

€7,195.00

Seniors Alert Scheme

Menlough C A

Mountbellew

0909-684797

€1,335.00

Seniors Alert Scheme

New Inn ICA

Ballinasloe

090-9675879

€515.00

Seniors Alert Scheme

Newcastle C A

Newcastle, Athenry

087-2701693

€840.50

Seniors Alert Scheme

Oughterard C A

Oughterard

087-2560913

€1,307.50

Seniors Alert Scheme

Solas F R C

Headford

093-36446

€23,901.40

Seniors Alert Scheme

SVDP Ballinasloe

Ballinasloe

090-9645707

€14,536.00

Seniors Alert Scheme

SVDP Tuam

Tuam

093-25222

€2,400.00

Seniors Alert Scheme

Tearmann Eanna Teo

Baile na hAbhann

091-505540

€1,271.50

Seniors Alert Scheme

Westside Age Inclusion Ltd

Galway City

091-589861

€11,421.50

Seniors Alert Scheme

Mervue Active Retirement

Mervue

091-756059

€74

Once-off Grants

Ballinalsoe GAA Club

Ballinasloe

091-509000

€3,415

RAPID — Sports Capital Grant

Galway City Council

Galway

091-536400

€11,000

RAPID

Galway City Council

Galway

€5,500

RAPID

Brothers of Charity Services

Renmore

091-721493

€5,000

Dormant Accounts

Westside Kickboxing Club

Galway

€300

Dormant Accounts

Ballybane Community Forum

Galway

091-768300

€339.40

Dormant Accounts

S.C.C.U.L. Enterprises Ltd

Galway

091-755825

€1,200

Dormant Accounts

S.C.C.U.L. Enterprises Ltd

Galway

091-755825

€500

Dormant Accounts

Western Traveller and Intercultural Development Ltd

Tuam

093-25456/ 25244

€1,900

Dormant Accounts

Ballinasloe Social Club

Ballinasloe

0909-644728

€324

Dormant Accounts

St Joseph’s College

Ballinasloe

0909-642504

€270

Dormant Accounts

COPE (Crisis Housing Caring Support) Ltd

Galway

091-778750

€8,880.70

Dormant Accounts

Galway Regional Youth Federation Ltd

Galway

091-561637

€21,000

Dormant Accounts

COPE (Crisis Housing Caring Support) Ltd

Galway

091-778750

€3,128

Dormant Accounts

Renmore Judo Club

Ballybane

€28,000

Dormant Accounts

Galway City Partnership Ltd

Galway

091-773466

€3,450

Dormant Accounts

Ballybane Community Centre Ltd

Ballybane

091-768300

€28,000

Dormant Accounts

Ballybane Comm. Forum

Ballybane

091-768300

€3,600

Dormant Accounts

Ballinfoile Mór RAPID Cttee

Galway

€800

Dormant Accounts

Western Traveller and Intercultural Development Ltd

Tuam

093-25456

€13,050

Dormant Accounts

St Joseph’s Garbally College

Ballinasloe

0909-642504

€460

Dormant Accounts

Ballinasloe Social Services Ltd

Ballinasloe

0909-643217

€2,374.70

Dormant Accounts

Clann Resource Centre, Oughterard Ltd

Oughterard

€2,700

Dormant Accounts

Crib na nÓg

An Cheathrú Rua

€3,150

Dormant Accounts

Portumna “Sign Out” Youth Company Ltd

Portumna

€3,150

Dormant Accounts

Forum Connemara

Connemara

095-41116

€473,686.73

Axes 3&4 Rural Development Programme (RDP)

Galway Rural Development (GRD)

All areas of Galway outside of Connemara and Gaeltacht areas

091-844335

€969,362.61

RDP*

Meitheal Forbartha na Gaeltachta (MFG)

Gaeltacht Areas of Galway (No longer in Business)

Contact DECLG

€178,975.04

RDP*

Comhar na nOileain

Galway Islands

099-75096

€380,632.49

RDP*

Galway RuralDevelopment Company

Galway

091-844335

€1,079,177.20

Core funding under LCDP Programme

Galway CityPartnership

Galway

091-773466

€1,082,275.17

Core funding under LCDP Programme

Forum Connemara

Connemara

095-41116

€291,170.25

Core funding under LCDP Programme

Comhar na nOileán

Galway Islands

099-75096

€483,848.19

Core funding under LCDP Programme

National TravellersWomen’s Forum

Tuam

091-771509

€105,136.50

Core funding under LCDP Programme

Connemara Radio

Connemara

095-41616

€115,311.00

Core funding under LCDP Programme

Tuam Community Development Project

Tuam

093-25340

€22,615.54

Core funding under LCDP Programme

Ballybane Mervue Community Development Project

Ballybane

091-773466

€4,119.00

Grant aid towards the cost of winding up the company

Na Calaí Community Development Project

091-844335

€1,197.90

Grant aid towards the cost of preparing the 2010 Audited Accounts

* Please note that under the Rural Development Programme the Department does not pay project promoters directly. It does so instead through the Local Action Groups contracted to deliver the Programme on behalf of the Department. It should also be noted that the Rural Development Programme does not cover Galway city.

Departmental Staff

Alan Farrell

Ceist:

226 Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38358/11]

The number of staff who received increments in 2010 was 593, with 367 due to receive increments before the end of 2011. These numbers reflect the reconfiguration of the Department following the formation of the Government in March 2011. The increments paid in 2010 and 2011 were in line with the approved rates of pay at the time as outlined on the websites of the Department of Finance and Department of Public Expenditure and Reform.

Once increments are paid on the CorePay system, it is not possible to extract historical increment data from the system on a global basis. Historic costs could be calculated manually on an individual basis but this would take a prohibitively long time to calculate.

In 2012, 324 staff are expected to receive increments at an estimated cost of €300,000.

Local Authority Housing

Áine Collins

Ceist:

227 Deputy Áine Collins asked the Minister for the Environment, Community and Local Government the number of applicants on the housing waiting list of each housing authority; and if he will make a statement on the matter. [38387/11]

My Department does not hold information on the number of households on local authorities' waiting lists. This figure continuously fluctuates as households are allocated housing and new households apply for housing support. Detailed information on the latest statutory assessment of housing need carried out in March 2011, including a breakdown by housing authority, is available on my Department's website —www.environ.ie or on the Housing Agency’s website at www.housing.ie.

Recycling Policy

Paul Connaughton

Ceist:

228 Deputy Paul J. Connaughton asked the Minister for the Environment, Community and Local Government if triple rinsing of containers prior to recycling is necessary; if there are any estimates on the amount of water lost in the process in view of the current volume of household recycling of plastic and cardboard containers; his plans to change the recommendation to single or double rinsing; and if he will make a statement on the matter. [38401/11]

In line with the objectives of the National Hazardous Waste Management Plan 2008-2012 and certain requirements of the Waste Framework Directive (Directive 2008/98/EC of the European Parliament and of the Council dated 19 November 2008), measures to promote high quality recycling, such as the separate collection of waste where technically, environmentally and economically practicable, are to be welcomed. In this regard, both the Environmental Protection Agency (EPA) and my Department are satisfied that certain farm plastics such as high density polyethylene (HDPE) chemical containers (used pesticide containers) can, where collected in a manner similar to the current farm plastics scheme and subject to certain conditions, be collected for recycling. These conditions are set out in my Department's circular letter No. WP16.10 of 19 May 2010 entitled National Hazardous Waste Management Plan — collection of other farm plastics, which is available on my Department's website at www.environ.ie. One of the conditions is that the containers concerned should be triple rinsed before collection. Triple rinsing, where conducted effectively, should reduce the hazard associated with the containers (particularly where the original cap is refitted) to enable the material to be handled safely (while not necessarily rendering it non-hazardous). The circular letter does not refer to such containers in the context of household waste as no similar collection scheme exists in that sector.

Data on the level of water used in the rinsing process are not available but in view of the relatively small tonnage of such waste collected — less than 10 tonnes in 2010 — the amount of water involved is not considered to be significant.

Departmental Expenditure

Michael McGrath

Ceist:

229 Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38462/11]

In general, my Department cannot reclaim VAT incurred on goods and services. Accordingly, VAT is not required to be recorded separately in my Department's financial management system and it is not possible to estimate the cost of an increase along the lines referred to in the Question.

National Spatial Strategy

Peadar Tóibín

Ceist:

230 Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government if it is his intention to alter, edit or redevelop the national spatial strategy. [38508/11]

The 2002 National Spatial Strategy (NSS) is a twenty-year planning framework designed to achieve a better balance of social, economic and physical development and population growth between regions, and it provides the spatial vision and principles for statutory regional planning guidelines across eight regions and for development plans at a local level. A comprehensive review of implementation of the NSS was undertaken during 2010, culminating in the publication in October 2010 of the NSS Update and Outlook Report (available at www.environ.ie). This report reaffirms the commitment to implementing long-term planning frameworks such as the NSS and identifies new priorities and objectives to deliver more consistent implementation at all levels, taking account of experience since 2002 and the new environmental, budgetary and economic challenges that we are currently facing. In particular, the 2010 Report identifies a series of actions in respect of:

better alignment and prioritisation of sectoral infrastructure investment,

improved governance at national, regional and local levels, and

the promotion of more sustainable patterns of development, both in rural and urban contexts, through more effective, evidence-based planning policies,

with the aim of maximising the role of NSS implementation in supporting overall economic recovery.

In addition, the adoption of updated Regional Planning Guidelines in 2010 for the twelve-year period to 2022 and the new legislative provisions to include core strategies in development plans, taking account of regional policies, targets and priorities, are further embedding the NSS principles into the forward-planning process, and should help to deliver more co-ordinated, coherent and sustainable planning outcomes.

My Department will as necessary consider the need for any further such review in the light of the current evolving economic circumstances and the beneficial deployment of the currently more constrained resources.

Question No. 231 answered with Question No. 222.

EU Directives

Patrick Deering

Ceist:

232 Deputy Pat Deering asked the Minister for the Environment, Community and Local Government the number of EU directives within his Department that have not been acted upon; if he will provide a list of same; and the deadlines on them. [38558/11]

There is currently one EU Directive within my Department's area of responsibility — Directive 2009/30/EC regarding the specification of petrol, diesel and gas-oil — which has certain provisions still to be transposed into Irish law. With the exception of Article 1(5) of Directive 2009/30/EC, which provides for the insertion of Article 7a into Directive 98/70/EC regarding the quality of petrol and diesel fuels, the European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 and European Communities Act 1972 (Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels) (Amendment) Regulations 2011 transposed Directive 2009/30/EC into Irish law on 31 March 2011. I understand that there are ongoing discussions within the European Commission concerning comitology provisions and the methodology for calculating greenhouse gas emission reductions and I expect that transposition of Article 7a into Irish law will follow resolution of this matter.

In addition, some elements of Directive 2009/30/EC mirror similar provisions of Directive 2009/28/EC on the promotion of energy use from renewable resources, which falls within the remit of my colleague, the Minister for Communications, Energy and Natural Resources. Transposition of those provisions of the Directive are a matter for his Department.

My Department is currently preparing transposing regulations in respect of two Directives which are due to be transposed by the end of 2011. In respect of Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during re-fuelling of motor vehicles at service stations, my Department conducted a public consultation, during September and October 2011, on the proposed introduction of the Directive provisions and all submissions are currently being examined with a view to finalising and making the transposing Statutory Instrument later this month. I also expect to make the transposition regulations in the coming weeks in respect of Directive 2011/37/EU of 30 March 2011, amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles.

Question No. 233 answered with Question No. 222.

Departmental Schemes

Dessie Ellis

Ceist:

234 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government his views on development contribution schemes relating to lapsed or abandoned capital projects; and if he will make a statement on the matter. [38577/11]

Section 48(12)(b) and (c) of the Planning and Development Acts 2000-2010 provide that where a local authority has not commenced specified works included in a special development contribution scheme within 5 years of the date of payment of the contribution, or the final instalment if the payment is phased, or have commenced but not completed the works within 7 years of the payment, or the final instalment if the payment is phased, or if the local authority decides not to proceed with the works or part thereof, the contribution must be refunded to the applicant together with any interest that may have accrued over the period while the contribution is held by the local authority.

A local authority is entitled where expenditure is incurred within the required period in respect of a portion of the proposed works to limit the refund of the amount of the contribution to the proposed works that have not been carried out.

Local Government Bodies

Robert Dowds

Ceist:

235 Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government the powers and functions undertaken by the Southern and Eastern Regional Assembly. [38581/11]

Robert Dowds

Ceist:

236 Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government the costs involved in running the Southern and Eastern Regional Assembly. [38582/11]

Robert Dowds

Ceist:

237 Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government if he will examine if it is worth maintaining the Southern and Eastern Regional Assembly; and if he will make a statement on the matter. [38583/11]

Robert Dowds

Ceist:

238 Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government the powers and functions undertaken by the northern and western regional assembly. [38584/11]

Robert Dowds

Ceist:

239 Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government the costs involved in running the northern and western regional assembly. [38585/11]

Robert Dowds

Ceist:

240 Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government if it is worth maintaining the northern and western regional assembly; and if he will make a statement on the matter. [38586/11]

I propose to take Questions Nos. 235 to 240, inclusive, together.

The Border, Midland and Western (BMW) Regional Assembly and the Southern and Eastern (S&E) Regional Assembly were established under the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999. The functions of Assemblies are set out comprehensively in that Order. Their principal activities relate to the management of regional operational programmes, which are part-funded by EU structural and cohesion funds.

The accounts of the Assemblies show that the total expenditure in 2010 was €3.438 million in case of the BMW Regional Assembly and €7.683 million in the case of the S&E Regional Assembly.

I refer to the reply to Question Nos. 24, 44, 42 and 122 on 30 November 2011 in which I indicated that I intend to bring proposals to Government in the New Year in relation to local government structures generally, including at regional level.

Local Authority Housing

Joe Carey

Ceist:

241 Deputy Joe Carey asked the Minister for the Environment, Community and Local Government the total funding available to Clare County Council for energy efficiency retrofits in council houses and the amounts claimed or drawn down by the council in 2011; and if he will make a statement on the matter. [38627/11]

Under my Department's Social Housing Investment Programme, local authorities are allocated capital funding each year in respect of a range of measures to improve the standard and overall quality of their social housing stock. The programme includes a retrofitting measure aimed at improving the energy efficiency of older apartments and houses by reducing heat loss through the fabric of the building and the installation of high-efficiency condensing boilers.

An allocation of €675,000 was provided to Clare County Council in respect of the programme for 2011. To date, some €340,471 of this has been paid to the Council. Further claims have been received from the Council and these are currently being examined in my Department with a view to payment shortly.

Local Authority Charges

Brendan Griffin

Ceist:

242 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his views on a matter regarding the non-principal private residence tax (details supplied); and if he will make a statement on the matter. [38635/11]

The Local Government (Charges) Act 2009 broadened the revenue base of local authorities through the introduction of the charge on non-principal private residences. The charge is set at €200 and is being collected by local authorities. The Act places the onus on an owner of residential property to assess his or her liability to the charge on the liability date and, if liable, to declare that liability and to pay the charge in respect of that property by the due date.

The Act provides for the application of late payment fees of €20 in respect of each month or part of a month for which the charge remains unpaid after the due date. In addition, both the €200 charge and any accumulated late payment fees remain as a charge against the property concerned.

A person who does not pay a charge by the relevant payment date is liable to prosecution by the local authority to whom the payment is due under section 5 of the Act. A person guilty of an offence under section 5 is liable to a fine of €2,000 on summary conviction and to a fine not exceeding €100 per day that the offence is continued.

Section 9 of the Act places collection of the charge under the care and management of local authorities. It is therefore a matter for each individual local authority to utilise the provisions of the legislation, including data sharing with the Electricity Supply Board, Private Residential Tenancies Board and the Revenue Commissioners, in the context of any undeclared properties that may be identified. It is understood that local authorities are pursuing those who may have a liability, including those who paid a charge in a previous year, and initiating court proceedings, where it is considered appropriate.

Water Services

Billy Kelleher

Ceist:

243 Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government the persons who will be appointed for inspections of septic tanks and the qualifications that will be necessary; and if he will make a statement on the matter. [38734/11]

On 3 November 2011 I published the Water Services (Amendment) Bill 2011 which will introduce a registration and risk-based inspection system for septic tanks and other on-site waste water treatment systems. The Bill provides that the Environmental Protection Agency will appoint persons for the purpose of carrying out inspections. Specific criteria regarding professional or technical qualifications and the completion of training courses will have to be met by those seeking appointment as inspectors. I will be specifying the criteria in Regulations to be made following enactment of the Bill. It will also be possible for appropriately qualified and trained local authority staff to be appointed as inspectors.

Job Creation

Patrick O'Donovan

Ceist:

244 Deputy Patrick O’Donovan asked the Minister for the Environment, Community and Local Government if he has considered an option (details supplied) as an employment creating initiative; and if he will make a statement on the matter. [38792/11]

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. I acknowledge the role these businesses play in the economy of rural Ireland and I am aware of the seriousness of this issue. My Department continues to work with the Department of Agriculture, Food and the Marine 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.

Election Management System

Kevin Humphreys

Ceist:

245 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will clarify if the Deputy elected as Ceann Comhairle by Dáil Éireann must be re-elected in the constituency from which he or she was originally elected, or if he or she can move constituency; if he will elaborate on the rules that apply in the event of his or her constituency being abolished in the context of redrawn constituency boundaries; and if he will make a statement on the matter. [38799/11]

Section 36 of the Electoral Act 1992 sets out the provisions regarding the re-election of the outgoing Ceann Comhairle.

Under the provisions of section 36, where the Dáil is dissolved and the Ceann Comhairle has not announced before the dissolution that he does not desire to become a member of the Dáil, he shall be deemed to be elected for the Dáil constituency for which he was a member immediately before the dissolution.

Where a revision of constituencies takes effect on the dissolution of the Dáil and there is a new constituency which consists of or includes the constituency for which he was a member, then he shall be deemed to be elected as a member of the Dáil for that constituency.

Where a revision of constituencies takes effect on the dissolution of the Dáil and the constituency for which the Ceann Comhairle was a member is divided between a number of new constituencies then he must make a declaration specifying a constituency for the purposes of his re-election. The constituency in respect of which he declares must include part of the constituency for which he was a member before the dissolution of the Dáil. Such a declaration must be made as soon as may be after the enactment of the legislation providing for the revision of constituencies or where a person becomes Ceann Comhairle after such legislation is enacted, the declaration should be made as soon as may be after the person becomes Ceann Comhairle.

Local Authority Funding

Kevin Humphreys

Ceist:

246 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will provide the funding allocated to each local authority from the local government fund in 2011 in tabular form; if he will outline the allocation rules that apply and if he can clarify if funding is distributed on a per capita basis; if not, the reason therefor; his views that this discriminates against urban areas; and if he will make a statement on the matter. [38800/11]

I assume the Question refers to General Purpose Grants paid to local authorities from the Local Government Fund. General Purpose Grants are my contribution to meeting the difference between the cost to local authorities of providing a reasonable level of day to day services and the income available to them from local sources and from specific grants.

Local variations in expenditure and in income sources are an inherent feature of the local government system and reflect local circumstances, priorities and decisions of local authorities. General purpose grants from the Local Government Fund are structured to bring about equalisation, over time, so that each authority will have sufficient resources, either from central grants or from its local income base, to provide a reasonable level of day to day services to its customers. For the purposes of allocations, a range of factors is taken into account, including each local authority's expenditure on, and income from, each service, and the overall amount of funding available for distribution.

It is a matter for each local authority to prioritise its spending, within the resources available to it, across the range of services it provides. Equally, local authorities must ensure full value for money for the resources invested, and seek the maximum efficiency across their operations. The 2011 general purpose grant payment in respect of each local authority is set out in the table. In addition, local authorities will retain some €85 million in pension related deductions in 2011 .

Local Authority

2011 payments

Carlow County Council

9,319,519

Cavan County Council

15,381,808

Clare County Council

10,762,263

Cork County Council

36,381,937

Donegal County Council

33,570,767

Fingal County Council

22,472,627

D.Laoire/Rathdown Co Co

28,323,120

Galway County Council

30,405,607

Kerry County Council

20,660,244

Kildare County Council

21,604,877

Kilkenny County Council

16,189,481

Laois County Council

14,018,331

Leitrim County Council

12,629,306

Limerick County Council

19,427,980

Longford County Council

12,033,108

Louth County Council

9,976,131

Mayo County Council

29,685,902

Meath County Council

23,604,137

Monaghan County Council

12,746,531

Tipp NR County Council

15,235,676

Offaly County Council

13,035,084

Roscommon County Council

17,213,351

Sligo County Council

14,121,597

Sth Dublin County Council

18,087,797

Tipp SR County Council

18,860,749

Waterford County Council

19,345,029

Westmeath County Council

17,354,945

Wexford County Council

17,413,069

Wicklow County Council

15,847,851

Cork City Council

18,968,770

Dublin City Council

60,211,447

Galway City Council

6,440,990

Limerick City Council

8,204,778

Waterford City Council

5,486,422

Clonmel Borough Council

2,585,210

Drogheda Borough Council

3,524,508

Kilkenny Borough Council

1,391,511

Sligo Borough Council

2,313,539

Wexford Borough Council

1,948,097

Arklow Town Council

1,388,868

Athlone Town Council

1,424,138

Athy Town Council

628,010

Ballina Town Council

1,398,588

Ballinasloe Town Council

746,185

Birr Town Council

683,013

Bray Town Council

3,629,819

Buncrana Town Council

770,995

Bundoran Town Council

467,601

Carlow Town Council

1,464,060

Carrickmacross Town Council

512,215

Carrick-on-suir Town Council

994,816

Cashel Town Council

567,385

Castlebar Town Council

802,028

Castleblayney Town Council

397,300

Cavan Town Council

718,591

Clonakilty Town Council

521,171

Clones Town Council

510,103

Cobh Town Council

1,046,319

Dundalk Town Council

3,943,890

Dungarvan Town Council

778,635

Ennis Town Council

1,879,448

Enniscorthy Town Council

1,016,035

Fermoy Town Council

726,081

Kells Town Council

397,076

Killarney Town Council

1,447,614

Kilrush Town Council

533,658

Kinsale Town Council

344,812

Letterkenny Town Council

874,805

Listowel Town Council

617,445

Longford Town Council

960,046

Macroom Town Council

525,612

Mallow Town Council

951,776

Midleton Town Council

486,711

Monaghan Town Council

910,206

Naas Town Council

1,234,484

Navan Town Council

430,976

Nenagh Town Council

931,619

New Ross Town Council

857,575

Skibbereen Town Council

370,292

Templemore Town Council

554,945

Thurles Town Council

801,681

Tipperary Town Council

693,230

Tralee Town Council

2,404,057

Trim Town Council

468,025

Tullamore Town Council

1,016,077

Westport Town Council

672,286

Wicklow Town Council

1,320,599

Youghal Town Council

965,305

Total

704,570,302

Proposed Legislation

Robert Troy

Ceist:

247 Deputy Robert Troy asked the Minister for the Environment, Community and Local Government when he will bring the climate change Bill, as promised in the programme for Government, before the environment committee; and if it will be discussed before the UN talks on climate change in Durban. [38829/11]

I refer to the reply to Question No. 8 of 30 November 2011 which sets out the position in this matter.

Departmental Expenditure

Colm Keaveney

Ceist:

248 Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government if he will provide financial details for all local authorities in which budgets to deal with retrofitting and warmer homes initiatives that have been returned to the Exchequer as unspent. [38831/11]

Under my Department's Social Housing Investment Programme, local authorities are allocated capital funding each year in respect of a range of measures to improve the standard and overall quality of their social housing stock. The programme includes a retrofitting measure aimed at improving the energy efficiency of older apartments and houses by reducing heat loss through the fabric of the building and the installation of high-efficiency condensing boilers.

This year, some €32 million was provided for the retrofitting measure and, to date, around €16 million of this has been paid to local authorities. A substantial number of payment claims from local authorities are being processed in my Department at present. It is not possible to indicate the outturn for the programme as a whole until all payment claims, including claims which are still awaited from local authorities, have been examined and deemed eligible for recoupment.

Details of Exchequer allocations to local authorities in 2011 for improving the social housing stock are set out in the following table:

Local Authority

Allocation

Carlow County Council

310,000

Cavan County Council

620,000

Clare County Council

675,000

Cork County Council

1,375,000

Cork City Council

1,840,000

DunLaoghaire/Rathdown County Council

875,000

Donegal County Council

1,090,000

Dublin City Council

5,500,000

Fingal County Council

925,000

Galway County Council

640,000

Galway City Council

450,000

Kerry County Council

1,275,000

Kildare County Council

700,000

Kilkenny County Council

425,000

Laois County Council

400,000

Leitrim County Council

360,000

Limerick County Council

2,425,000

Limerick City Council

1,150,000

Longford County Council

425,000

Louth County Council

880,000

Mayo County Council

745,000

Meath County Council

470,000

Monaghan County Council

315,100

North Tipperary County Council

593,000

Offaly County Council

375,000

Roscommon County Council

400,000

Sligo County Council

450,000

South Tipperary County Council

1,420,000

South Dublin County Council

2,050,000

Waterford County Council

350,000

Waterford City Council

600,000

Westmeath County Council

415,000

Wexford County Council

850,000

Wicklow County Council

905,000

Total

32,278,100

Foreshore Licences

Thomas Pringle

Ceist:

249 Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government in relation to the determination on 22 July 2011 pursuant to the provisions of the Foreshore Act 1933, as amended, to grant a foreshore licence in respect of development on the foreshore related to the Corrib gas pipeline; the person who decided on the conservation objectives; the way they were established and the person who carried out the appropriate assessment to allow for the environmental impact assessment; and if he will make a statement on the matter. [38886/11]

As stated in the reply to Question Nos. 397 and 398 of 15 November 2011, I made a determination on 22 July 2011 pursuant to the provisions of the Foreshore Act, 1933 (as amended) to grant a foreshore licence to Shell E&P Ireland Limited, Statoil Exploration (Ireland) Limited and Vermilion Energy Ireland Limited in respect of development on the foreshore related to the Corrib Gas Pipeline. In accordance with Section 21A of the Foreshore Act, notice of the determination was published in Iris Oifigiuil, the Irish Independent and on my Department's website on 26 July 2011.

I made this determination following the carrying out of an environmental impact assessment and appropriate assessment of the proposed development under domestic and EU law.

The setting of conservation objectives for European sites is a matter for my colleague the Minister for Arts, Heritage and the Gaeltacht.

Further information on the application and the decision making process may be foundon my Department's website at: www.environ.ie/en/Foreshore/ApplicationsSubjecttoEIA/ ShellEPIrelandLtd5618/

Housing Regulations

Catherine Murphy

Ceist:

250 Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if smoke alarms are a current requirement for houses rented from public funds; if not, if he intends to require such provision; and if he will make a statement on the matter. [38909/11]

Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992.

These Regulations specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, fire safety and ventilation to name a few. With very limited exemptions, the Regulations apply to local authority and voluntary housing units as well as private rented residential accommodation.

Article 11 of the 2008 Regulations specifies the requirement for fire safety in rented accommodation. It states that, subject to certain provisions, the house must contain a fire blanket and either a mains-wired smoke alarm or at least two 10-year self-contained battery-operated smoke alarms.

The Housing (Standards for Rented Houses) Regulations, 2008 came into effect in their entirety for all new lettings on 1 February 2009, with certain articles, namely 6, 7, and 8, being phased in over a four year period for existing tenancies. All landlords have a legal obligation to ensure that their rented properties comply with these Regulations and the responsibility for the enforcement of the Regulations rests with the relevant local authority.

Legislative Programme

Robert Troy

Ceist:

251 Deputy Robert Troy asked the Minister for the Environment, Community and Local Government his plans to amend the Building Control Act 2007 as was previously initiated by the 30th Dáil and which had cross-party support at the time; and if he will make a statement on the matter. [38915/11]

I have no plans to amend the Building Control Act 2007 along the lines suggested. I understand that the question refers to the Building Control (Amendment) Bill 2010 which was introduced as a Private Members Bill in the 30th Dail. This Bill has now lapsed.

Coroners Service

Mattie McGrath

Ceist:

252 Deputy Mattie McGrath asked the Minister for Justice and Equality the cost to the State of carrying out a post mortem; the grounds on which a post mortem is carried out; the reason it was necessary to carry out a post mortem on a 91 year old woman who had been in long-term care in a nursing home and subsequently hospitalised a week prior to her death; and if he will make a statement on the matter. [38315/11]

The Coroners Act 1962 (Fees and Expenses) Regulations 2009 (S.I. No. 155 of 2009) prescribe the fees and expenses payable for services provided under the Coroners Act, 1962. The fee payable to a person for performing a post-mortem or a special examination, including preparatory work, any tests required and subsequent report to the coroner is €321.40. The fee payable to a person for assisting at a post-mortem examination is, in the case of a pathology technician, €25.23.

It is in the public interest that an independent legal officer of the State, i.e. the relevant coroner, is empowered by statute to direct the conduct of a post-mortem examination of the body of a deceased person where a medical certificate as to cause of death is not procurable. Whilst no details regarding this case were given to me by the Deputy, I understand from the coroner concerned that the relevant medical practitioner was unable to furnish a clear cause of death. In the circumstances, the coroner was under a statutory duty pursuant to the Coroners Act 1962 to direct a post-mortem examination on the deceased.

The coroner has indicated that everything possible was done on behalf of the next of kin to alleviate the undoubted distress that sometimes affects next of kin when the body of their loved one is subjected to an autopsy. I should also add that the hospital concerned has a liaison officer who is available to next of kin to explain why an autopsy is necessary in circumstances where a medical certificate as to cause of death is not procurable.

Garda Transport

Michael Healy-Rae

Ceist:

253 Deputy Michael Healy-Rae asked the Minister for Justice and Equality in view of the fact that the Garda fleet is being systematically reduced as patrol cars reach the end of their life when cars with 300,000 km on the speedometer are withdrawn; if he will review this policy in the context of the current economic climate if it is deemed that the vehicle can continue service; if he will give this proposal serious consideration in view of the fact that we have so many stations that have no Garda vehicle; and if he will make a statement on the matter. [38273/11]

Decisions in relation to the deployment of Garda resources, including transport, are matters for the Garda Commissioner. I am informed by the Garda authorities that the allocation of Garda vehicles is monitored and reviewed on a continuous basis to ensure that Garda transport is deployed in such a manner as to ensure the delivery of an effective policing service throughout the country.

I am also advised by the Garda authorities that, for safety reasons in accordance with the recommendations of the relevant motor car manufacturers, Garda cars are decommissioned when the odometer reading reaches 300,000 kilometres.

Prison Committals

Maureen O'Sullivan

Ceist:

254 Deputy Maureen O’Sullivan asked the Minister for Justice and Equality if he will provide the figures of those currently in prisons (details supplied) who were previously in industrial schools or other institutions and are presenting in prison with mental health issues; and the services they are offered to deal with these issues. [38276/11]

I have been informed by the Irish Prison Service that the information requested is not recorded. The Deputy may however be interested in my reply to Parliamentary Question No. 14 on Thursday 1st December, 2011 on the issue of mental illness in our prisons.

The prevalence of mental illness is significantly higher among prisoners compared to the general population and that the mental health problems suffered by prisoners range from mild to severe. There is a strong argument that persons with severe mental illnesses who are involved in minor offences should be diverted away from the criminal justice system and measures have been undertaken to progress such an approach. However if a serious crime such as a homicide is involved, the issue has to be addressed by the criminal justice system Furthermore we also have prisoners properly convicted and imprisoned for serious offences who may develop mental illness after their imprisonment. Depending on the nature and severity of that illness the question has to be determined, as with any illness, whether it can be appropriately treated in a prison environment or whether a transfer to a designated centre is required.

A study undertaken in 2003 by the National Forensic Mental Health Service found that there is an excess of those with severe mental illness in all parts of the Irish prison population. The report estimated that 3.7% of male committals, 7.5% of males on remand, 2.7% of sentenced males and 5.4% of female prisoners should be diverted to psychiatric services, while as many as 20% of male committals and 32% of female committals needed to be seen by a psychiatrist.

In 2006 the Expert Group on Mental Health Policy published its report "Vision for Change". That report recognised the pivotal role of primary care in addressing the mental health needs of the population and noted that it is widely recognised that 90% of mental health problems can be dealt with in primary care without referral to a specialist mental health service. In each prison primary care is the model of care through which healthcare is delivered; it is the linchpin of the prison healthcare system and where a prisoner experiences a mental health issue the prison doctor is usually the first point of contact. The Central Mental Hospital National Forensic Mental Health Service provides 20 consultant led in-reach sessions weekly by arrangement at all Dublin prisons and also at Portlaoise and the Midlands Prisons. Specialist in-reach services are in place for consultant led mental health sessions in the remaining prisons.

The World Health Organisation has awarded a "Health in Prisons Best Practice Award 2011" to the recently opened High Support Unit in Mountjoy Prison. The High Support Unit is a 9 bed facility opened in the Medical Unit of Mountjoy Prison in December 2010. It provides expert, supportive, short term input for prisoners who are in an acutely disturbed phase of a mental illness or require increased observation for a physical ailment, which has attendant increased risks. It provides a more controlled and supportive environment for a vulnerable prisoner as a short term intervention. The Irish Prison Service are exploring the possibility of expanding on this initiative by opening similar Units in other prison institutions.

There are prisoners who should more properly be treated in some form of therapeutic environment. The Criminal Law (Insanity) Acts 2006 and 2010 provides for the transfer of prisoners to the Central Mental Hospital.

The existing arrangements do give rise to problems. An interdepartmental group has being designated to examine the issue of people with mental illness coming into the criminal justice system and this is in line with the recommendations of the Thornton Hall Review Group which were approved by Government last July. My officials are consulting with the Department of Health on the arrangements involved including the terms of reference and an announcement will be made shortly.

Anti-Social Behaviour

Patrick O'Donovan

Ceist:

255 Deputy Patrick O’Donovan asked the Minister for Justice and Equality the number of anti-social behaviour orders that have been issued since their introduction; the number of warnings that have been issued under the same legislation to juveniles in the County Limerick Garda district. [38309/11]

Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act, which relates to anti-social behaviour by children, was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and finally to the making of a behaviour order by the Children Court. With regard to adults, they include a warning and the making of a civil order by the court.

I am informed by the Garda authorities that up to 30 November, 2011, 3,033 behaviour warnings were issued to adults and 1,974 to children. Fifteen good behaviour contracts were made in respect of a child. In addition, four civil orders (in respect of adults) and three behaviour orders (in respect of children) have been issued by the courts.

Up to 31 October, 2011, 238 behaviour warnings were issued to children in the Limerick Garda Division. Four good behaviour contracts were made in respect of a child, and two behaviour orders have been issued by the courts.

In setting up the regime in the Act the intention was that the different interventions would address the problem behaviour. If they succeeded, there would be no need to apply to the courts for an order. It is only if they failed to lead to a behaviour adjustment by the person in question, that a court order would be applied for.

Road Traffic Offences

Sandra McLellan

Ceist:

256 Deputy Sandra McLellan asked the Minister for Justice and Equality if he will consider providing more information on the speeding fines issued to motorists for example proof of the exact speed the car was travelling in view of the fact that currently all that is given is the registration plate of the vehicle; and if he will make a statement on the matter. [38316/11]

I am informed by the Garda authorities that a fixed charge notice issued to a motorist for an alleged speeding offence contains information which includes the speed at which the motorist is alleged to have been driving, the speed limit it is alleged has been exceeded, a reference to the relevant statutory provisions, the identification mark (registration number) of the vehicle and the location, time and date of the alleged offence.

As the Deputy notes, the fixed charge notice is accompanied by an image of the registration number of the offending vehicle, which provides an opportunity to confirm the identity of the vehicle involved.

Grant Payments

Brendan Griffin

Ceist:

257 Deputy Brendan Griffin asked the Minister for Justice and Equality the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38343/11]

I wish to inform the Deputy that my Department does not keep records classifying each organisation in receipt of grants from the Department by type, for example, community or voluntary organisation.

However, to be of assistance, please find as follows information drawn from my Department's payment records re Galway based organisations who received grants from my Department's Vote (Vote 19) in 2011.

Organisation

Grant Description

Grants Amounts (€)

Aonad Family Resource Centre

*Cosc — Programmes

3,000

Ballinasloe Training Workshop

Probation & Welfare — Projects

170,000

Cope Waterside House

Victims of Crime Funding Cosc — Programmes

3,0003,500

Cuan Mhuire

Probation & Welfare — Projects

196,200

Dóchas don Óige Galway

Youth Diversion Projects

231,630

Domestic Violence Response Ltd

Victims of Crime Funding Cosc — Programmes

14,2004,280

Galway Rape Crisis Centre

Cosc — Programmes

1,625

National Traveller Women’s Forum

Cosc — Programmes

6,000

Rape Crisis Network Ireland

Cosc — Programmes Victims of Crime Funding

51,68039,200

Tuam Community Training Centre

Probation & Welfare — Projects

126,000

*Cosc — The National Office for the Prevention of Domestic, Sexual and Gender-based Violence.

I also wish to inform the Deputy that I do not have statutory responsibility for maintaining lists of the names of the Chairpersons, Secretaries and Treasurers of community and voluntary organisations in Galway (or other counties) that may from time to time receive grants from my Department. While my Department may correspond with such organisations from time to time and, at certain points in time, know the names of some of the Chairpersons, Secretaries and Treasurers, it does not maintain a register of such names. These are matters for the independent organisations concerned.

Departmental Staff

Alan Farrell

Ceist:

258 Deputy Alan Farrell asked the Minister for Justice and Equality the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38363/11]

The information sought by the Deputy is set out in the table:

Year

2010

2011

2012

Increments paid/due to be paid

1322

1023

975

As the Deputy is aware, increments are awarded subject to satisfactory performance and attendance.

Proposed Legislation

Anne Ferris

Ceist:

259 Deputy Anne Ferris asked the Minister for Justice and Equality when he expects to publish legislation that will reform the law on mental capacity; and if he will make a statement on the matter. [38393/11]

The Government Legislation Programme indicates that the Mental Capacity Bill is expected to be published in early 2012. The Bill will reform the law on mental capacity taking into account the Law Reform Commission's Report on Vulnerable Adults and the Law. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity.

Simon Harris

Ceist:

260 Deputy Simon Harris asked the Minister for Justice and Equality his plans to introduce new, or amend existing legislation dealing with race hate crimes and incitement to cause racial hatred; and if he will make a statement on the matter. [38394/11]

Under the Prohibition of Incitement to Hatred Act 1989 it is an offence, inter alia, to use words, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. The word "hatred" is defined as "hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation". The State's prosecutorial authorities have not brought to my notice any difficulties due to legislative deficiencies in bringing prosecutions under the 1989 Act.

In addition to the foregoing legislation, where criminal offences such as assault, criminal damage, or public order offences, are committed with a racist motive they are prosecuted as generic offences through the wider criminal law. The trial judge can take aggravating factors, including racial motivation, into account at sentencing. The gravity of the offence, the facts surrounding the commission of the offence, the criminal record of the accused and the impact on the victim are among the critical factors taken into account before a sentence is imposed. The judge must take into account the circumstances of the offence and the offender. Also, the Director of Public Prosecutions can appeal against the sentence imposed if he believes it to be unduly lenient.

In all the circumstances, I have no plans, at present, for new or amended legislation to deal with incitement to hatred or racially motivated crime.

Equality Issues

Jonathan O'Brien

Ceist:

261 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if his attention has been drawn to the fact that the standing committee of the Parliamentary Assembly of the Council of Europe adopted a resolution and a recommendation on the Declaration of Principles on Equality and the Activities of the Council of Europe at its meeting in Edinburgh, welcoming and endorsing the declaration which calls on member states to take into account the principles contained in the declaration when adopting equality and non-discrimination legislation and policies. [38405/11]

My Department has a Liaison Officer in the Permanent Representation in Strasbourg, whose functions include ensuring that my Department and I are aware of all pertinent developments. I understand that the next step is that the Parliamentary Assembly of the Council of Europe recommendation is referred to the Committee of Ministers' Deputies in Strasbourg for consideration.

Human Rights Issues

Jonathan O'Brien

Ceist:

262 Deputy Jonathan O’Brien asked the Minister for Justice and Equality his plans to ratify Protocol No. 12 to the European Convention on Human Rights; and if he will make a statement on the matter. [38406/11]

As a signatory to Protocol 12, Ireland keeps the question of ratifying the Protocol under review. The major issue is the lack of clarity as to the precise extent of the obligations imposed on State parties by the very broad general prohibition on discrimination in Article 1 of the Protocol. My Department will continue to watch closely how the European Court of Human Rights interprets the scope of this Article when it comes to rule on individual cases. In the meantime, I have no plans to ratify the Protocol at this time.

Proposed Legislation

Paschal Donohoe

Ceist:

263 Deputy Paschal Donohoe asked the Minister for Justice and Equality the status of the Immigration, Residence and Protection Bill 2010; his plans to update our immigration policy framework; and if he will make a statement on the matter. [38410/11]

The Government's five-year Programme for National Recovery contains a commitment to "... introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way."

These commitments are being given effect by the Government in its further development of the Immigration, Residence and Protection Bill 2010 which we have had restored to the Order Paper for that purpose.

I am currently engaged in further work on the details of the Bill taking account of current Government policy and I will be proposing a number of related amendments for consideration at Committee Stage.

Departmental Expenditure

Michael Healy-Rae

Ceist:

264 Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding extra funding for An Garda Síochána; and if he will make a statement on the matter. [38412/11]

Arrangements have been made for the provision of additional funding for the Garda Vote in 2011 by way of a supplementary estimate. One of the main reasons for the supplementary estimate is to provide for an overrun on expenditure that has arisen in connection with the policing of the State visits of Queen Elizabeth and President Obama.

At this stage the supplementary estimate has been considered by the Select Committee on Justice, Defence and Equality and it is due to come before this House for approval later in the week. I look forward to its early adoption and I am very pleased that the process is close to a successful conclusion.

As I have previously stated in this House, it is the clear policy of the Government to ensure that, notwithstanding the very difficult economic situation, Garda frontline services are maintained at the highest level possible. In that context the Garda authorities have informed me that adequate resources were in place to deal with the policing of the area referred to by the Deputy on the night in question.

Gambling Issues

Robert Troy

Ceist:

265 Deputy Robert Troy asked the Minister for Justice and Equality if he will acknowledge the good work which has been carried out by an organisation (details supplied) over the past two decades to help persons who suffer from a gambling addiction and establish this group on a statutory basis going forward. [38447/11]

I am pleased to tell the Deputy that my officials had already arranged a meeting for next week with the organisation in question. My Department has met with this organisation before but next week's meeting is the latest in a series of meetings with participants from across the whole spectrum in the gambling sector. This organisation brings a particular and very useful perspective based on its first hand knowledge of the harmful effects of gambling.

Although based in Northern Ireland, I understand this organisation provides counselling throughout Ireland through a network of counsellors to persons affected by addiction, including gambling addiction.

The Deputy may be aware that I have obtained the Government's approval to prepare an entirely new Bill on the regulation of gambling and it is under preparation at present in my Department. I have identified the protection of vulnerable persons, including persons with gambling addiction problems, as one of the principles underpinning the forthcoming legislation. I have already made it known that the Bill will contain numerous and significant safeguards. It will also make provision for a dedicated fund to promote awareness of the dangers, as well as initiatives to encourage socially responsible gambling. I am hoping that the fund will be established by the industry and in those circumstances, the legislation will ensure independent oversight on how it is being used. However, I have made it clear that in the absence of an industry initiative, I would use the new legislation to impose a levy for the purpose of creating a fund.

I mention this aspect of the forthcoming Bill because the organisation in question here is, I understand, funded in very large measure by the industry and it is engaged in the type of work that we can all applaud. It is an example of the approach I want to encourage and next week's meeting will provide an opportunity to learn more. My responsibility, as Minister, is to facilitate them and others in their highly valued work. I believe that this can be achieved without the creation of new statutory bodies. Indeed, it is my view that organisations such as the one being referred to by the Deputy function best in the voluntary sector. I believe the approach I am adopting meets the needs of society generally in this area and it also allows the voluntary sector's response to grow, based on clear statutory foundations. I do not, therefore, plan to put this or similar bodies on a statutory basis.

Courts Service

Peadar Tóibín

Ceist:

266 Deputy Peadar Tóibín asked the Minister for Justice and Equality if it is the case that there is no obligation for interpreters to be appointed in family law cases in County Meath, however there is an obligation in criminal law cases; and the way he will resolve this issue. [38448/11]

The Courts Service is responsible for the provision of facilities for users of the courts under section 5(e) of the Courts Service Act 1998 and, as the Deputy is no doubt aware, the Service is independent in the performance of its functions. However, I am informed that in instances where the presiding Judge specifically orders the provision of an interpreter, the Courts Service meets the cost of the services provided.

Departmental Expenditure

Michael McGrath

Ceist:

267 Deputy Michael McGrath asked the Minister for Justice and Equality the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38467/11]

It is estimated that the full year effect on my Department of 2% increase in the standard rate of VAT will be in the region of €2.4m.

Visa Applications

Bernard J. Durkan

Ceist:

268 Deputy Bernard J. Durkan asked the Minister for Justice and Equality when updated stamp 4 will be granted in the case of a person (detail supplied) in County Meath; and if he will make a statement on the matter. [38514/11]

I refer the Deputy to my Reply to Parliamentary Question No. 406 of Tuesday, 29th November, 2011 which is as follows. The position is unchanged since then.

The person concerned was granted temporary permission to remain in the State for the three year period to 20th March, 2011. This decision was conveyed in writing to the person concerned by letter dated 20th March, 2008.

The person concerned was required to apply in writing for the renewal of this permission one month before the expiry date. My Department's records show that such a renewal application was only received on 13th October 2011. This renewal application is under consideration at present. When a decision has been made on that application, the person concerned will be notified in writing of the decision and of the consequences of the decision.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Bernard J. Durkan

Ceist:

269 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [38516/11]

I refer the Deputy to my detailed Reply to Parliamentary Question No. 403 of Tuesday, 29th November, 2011 which is as follows. The position is unchanged since then.

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 15th 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 then 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.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Asylum Applications

Bernard J. Durkan

Ceist:

270 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied) in Dublin 11; and if he will make a statement on the matter. [38517/11]

I refer the Deputy to my Reply to Parliamentary Question No. 407 of Tuesday, 29th November, 2011 — set out beneath. The position is unchanged since then.

The person concerned is a failed asylum applicant. 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 17th June, 2011, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the 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, and that of her child, will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted, including those of a medical nature, 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.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Visa Applications

Bernard J. Durkan

Ceist:

271 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a stamp 3 visa can be updated to a stamp 4 visa in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [38518/11]

The person concerned should be advised to write to the General Immigration Division of Irish Naturalisation and Immigration Service (INIS), which is located at 13-14 Burgh Quay, Dublin 2 with regard to changing her current immigration status.

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. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long waited.

Citizenship Applications

Bernard J. Durkan

Ceist:

272 Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a decision will issue in respect of an application for family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [38521/11]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the documentation referred to by the Deputy has been received and has been responded to. INIS will write to the person concerned when a final determination of his application has been made.

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. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long waited.

Asylum Applications

Bernard J. Durkan

Ceist:

273 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which due process was followed in respect of the determination of an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [38524/11]

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 27th March, 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 the State 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 written representations pursuant to Section 3 of the Immigration Act 1999 (as amended). More recently, he has sought to have his case to remain in the State considered in line with the principles set out in the European Court of Justice Judgment in the Zambrano case.

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

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted, including those relating to the possible relevance of the Zambrano Judgment to the case, 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 am satisfied that the State has a very fair and comprehensive mechanism in place for the consideration of all asylum applications and, as such, I am satisfied that the asylum application made by the person concerned was properly considered before a decision to refuse it was taken. I am equally satisfied that any future decisions taken in the context of the case of the person concerned will have regard for all relevant factors.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Citizenship Applications

Bernard J. Durkan

Ceist:

274 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected status in respect of an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38546/11]

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 November, 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.

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. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Garda Deployment

Dominic Hannigan

Ceist:

275 Deputy Dominic Hannigan asked the Minister for Justice and Equality the number of gardaí serving in Dunboyne town, County Meath, over the years 2007, 2008, 2009, 2010 and 2011; his plans for gardaí in the Dunboyne area over the coming years; and if he will make a statement on the matter. [38599/11]

I am informed by the Garda authorities that the personnel strength of Dunboyne Garda Station as at 31 December 2007 — 31 December 2010 and 31 October 2011 the latest date for which figures are readily available was as set out in the following table:

2007

2008

2009

2010

2011

16

14

18

16

13

The allocation of all resources, including personnel, is a matter for the Garda Commissioner in consultation with his senior management. Garda Management closely monitors the allocation of resources in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.

Citizenship Applications

Michael Healy-Rae

Ceist:

276 Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on a matter (details supplied) regarding migrant workers; and if he will make a statement on the matter. [38624/11]

I refer the Deputy to my reply below to Parliamentary Question No. 168 of 17 November 2011 and Parliamentary Questions 161 and 174 of 24 November 2011. The position is unchanged since then.

I am aware that there have been proposals of this nature and of course my Department will give due consideration to the issue. However great caution should be exercised before embarking on such a project. A proposal of this nature could give rise to very large, unpredictable and potentially very costly impacts across the full range of public and social services.

At EU level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008, made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among the Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual case.

Any possible implication for the operation of the Common Travel Area would also have to be very carefully considered.

Michael Healy-Rae

Ceist:

277 Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will review a matter (details supplied) regarding the citizenship application fee; and if he will make a statement on the matter. [38625/11]

Last month, I signed into law Statutory Instrument 569/11, which introduced an application fee of €175 for applications for a certificate of naturalisation. The Statutory Instrument also introduced a series of changes to the application forms, in particular to facilitate applicants who are the civil partners of Irish citizens.

Applicants in the main spend up to 5 years in the state before becoming eligible to apply for naturalisation. The INIS web-site and the guidance notes that accompany the application form give explicit guidance on the necessary supporting documentation that must accompany an application for naturalisation. Included on the form itself is a checklist of these documents. Prospective applicants for a certificate of naturalisation should obtain all of the necessary documentation before lodging their application. This ensures that applications can be processed in the most efficient manner without the need to request and await further documentation from applicants.

Managing and dealing with incomplete applications consumes scarce processing resources and the application fee is designed to recoup some of the costs associated with the application process. The application fee is also intended to cover costs associated with the processing of unsuccessful applications that often consume more processing time and resources than successful applications, but which heretofore attracted no fee.

There is a 4 week grace period after receipt of applications to afford the applicant the opportunity to provide any requested documentation. I would stress that the onus is on the applicant to submit the relevant documentation with the application including any documentation required to be obtained from abroad.

The new forms and updated guidance notes are available on the Irish Naturalisation and Immigration Service website at www.inis.gov.ie.

Court Procedures

Marcella Corcoran Kennedy

Ceist:

278 Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality the number of judgments outstanding by the Supreme Court and by members of the High Court; the number of those judgments that are awaited for between three and six months, six and nine months, nine and 12 months, and in excess of one year; if the delay in delivering judgments could be in violation of the European Convention of Human Rights; the steps, if any, that are being taken or that can be taken to ensure that judgments are delivered within a reasonable time following the completion of a court hearing; and if he will make a statement on the matter. [38631/11]

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. The Act provides that the Service is independent in the performance of its functions, which includes the provision of statistics. The manner in which court cases are listed is a matter for the Presidents of the courts. The delivery of judgments following completion of a court hearing is a matter for the judiciary and the Presidents of the courts who are independent in the exercise of their judicial functions, subject only to the Constitution and the law.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the number of High Court and Supreme Court judgments that are awaiting delivery are as set out in the following table:

Time since judgment was reserved

High Court

Supreme Court

Under 3 months

50

4

3 — 6 months

9

1

6 — 9 months

3

6

9 — 12 months

9

6

over 12 months

3

7

I am informed that the Chief Justice and the President of the High Court regularly meet with senior officials of the Courts Service to review matters relating to the operation of the Supreme and High Courts in order to achieve the highest standards of efficiency in the disposal of court business. Where possible, supports are provided to assist judges in the preparation of judgments, including the engagement of Judicial Fellows and judicial research assistants.

With regard to the delivery of judgments in the High Court, in 2005 a Register of Reserved Judgments in civil proceedings was introduced on foot of section 46 of the Courts and Court Officers Act 2002. It provides that if judgment is not delivered within two months from the date upon which it was reserved, the President of the Court which heard the case must list the proceedings before the judge who reserved judgment at two-month intervals. That judge must specify the date on which he or she proposes to deliver the judgment. The register of reserved judgments enables the Courts Service to remind judges of outstanding judgments and support the Chief Justice/President of the High Court in ensuring that judges who need it can be given time out of court to write reserved judgments.

The Chief Justice has embarked on a series of initiatives to facilitate a review of the reserved judgments list in the Supreme Court on an ongoing basis, including the implementation of an electronic database of the list. Active management of the list is being facilitated by a series of processes which have been put in place by the Chief Justice to minimise current delays and to establish new systems for the future. Considerable progress has been made in reducing delays generally before the courts and the situation is being kept under constant review.

Article 6(1) of the European Convention on Human Rights establishes the right to a fair trial, and within this provision "trial within a reasonable time" is protected. The length of trial is measured up to the moment the national judgment becomes final, so the length of time a judge takes in giving judgment would be considered by the European Court of Human Rights in establishing whether there has been a violation of Article 6(1) in a particular case.

I intend to take action, within my area of responsibility as Minister, to seek to address particular problems as they arise. For example, following a judgment last year of the European Court of Human Rights I established an Expert Group under the chair of Mr Paul McDermott, SC to consider, inter alia, how delays might be alleviated and I look forward to considering their report when it is to hand.

Finally, the establishment of a new Court of Appeal is also relevant in the context of the caseloads of the superior courts. As I indicated in my response to Question 179 on 24 November 2011, it is my intention to finalise examination of the detail in relation to establishing a Court of Appeal and to progress the matter at the earliest suitable opportunity. As the Deputy is aware a referendum is necessary to proceed and a decision remains to be taken by Government as to when such a referendum will take place in the context of other future referenda. However, I do not anticipate that the holding of a referendum will occur before Autumn 2012.

Liquor Licensing Laws

John O'Mahony

Ceist:

279 Deputy John O’Mahony asked the Minister for Justice and Equality if a person (details supplied) in County Clare may change an existing six-day licence to a seven-day licence and the procedure for same; and if he will make a statement on the matter. [38747/11]

The position is that a scheme for the upgrading of restricted licences, including six-day licences, was included in section 19 of the Intoxicating Liquor Act 2000. However, it was a condition of the scheme that applications to the Revenue Commissioners for such upgrading were made within one year of the entry into force of the legislation. Despite the scheme, I understand that a small number of restricted licences remain in existence and I intend to provide an opportunity to upgrade these remaining licences in the forthcoming Sale of Alcohol Bill.

Crime Prevention

Finian McGrath

Ceist:

280 Deputy Finian McGrath asked the Minister for Justice and Equality if the Garda will deal with regular anti-social activity at a location (details supplied) in Dublin 9. [38749/11]

I am informed by the Garda authorities that the location referred to is within the Clontarf Garda Sub-District. Any incidents reported to An Garda Síochána will be fully investigated.

A member of the local Community Policing Unit is allocated specifically to the area, including the locality referred to. The area is the subject of regular patrols by uniform and plain clothes personnel, including the Community Policing Unit and the Mountain Bike Unit and District and Divisional Detective and Drug Units, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel.

Local Garda management is satisfied that a full and comprehensive policing service is being delivered to the communities in the Division and that current structures in place meet the requirements of the delivery of an effective and efficient policing service to the residents concerned. The situation is kept under review.

Current policing plans in the area are designed to address issues of crime and public order offences. Community policing is a central feature and core value of 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.

Citizenship Applications

Mattie McGrath

Ceist:

281 Deputy Mattie McGrath asked the Minister for Justice and Equality when a decision will issue on an application for naturalisation in respect of a person (details supplied); the reason this application has taken 40 months when the average waiting time is betweeen 15 and 20 months; and if he will make a statement on the matter. [38834/11]

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 March, 2008.

The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation. Once all of the required information has been compiled, the case will be assessed and submitted to me for decision as expeditiously as possible. For some cases the process can take significantly longer than the average. This is necessary in order to protect the integrity of the system. 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.

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. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Proposed Legislation

Seán Ó Fearghaíl

Ceist:

282 Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if forced labour is considered a crime under existing law; and, if it is not, his plans to introduce legislation to address any deficiency which undermines our responsibility to comply with EU and international law; and if he will make a statement on the matter. [38851/11]

Caoimhghín Ó Caoláin

Ceist:

285 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the way he intends to make forced labour punishable as a crime; and if he will make a statement on the matter. [38882/11]

Aodhán Ó Ríordáin

Ceist:

290 Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will seek to introduce legislation to combat forced labour here, along the lines of legislation recently passed in the United Kingdom; and if he will make a statement on the matter. [38897/11]

I propose to take Questions Nos. 282, 285 and 290 together.

The Criminal Law (Human Trafficking) Act 2008 criminalises the trafficking of persons for the purposes of labour exploitation, including forced labour. However, the legislation is primarily an anti-trafficking measure and was never intended to address forced labour outside the context of human trafficking.

While forced labour is not a specific criminal offence, this does not necessarily mean that a person subjected to forced labour but who has not been trafficked (or where trafficking is difficult to prove) does not have the protection of the criminal law. It is likely that activities constituting forced labour could be prosecuted under a range of offences, for example, false imprisonment, blackmail, assault, the coercion offence in the Non-Fatal Offences Against the Person Act 1997, offences under employment law and health and safety legislation, immigration law, etc.

Internationally, forced labour covers a diverse range of exploitative behaviours. The extent and nature of the phenomenon in this jurisdiction is unclear. At the request of my Department and with a view to establishing the exact nature of alleged abuses, the Garda authorities have recently completed an analysis of allegations of forced labour which have come to their attention. The results of the analysis are currently being examined in my Department so that any legislative and administrative measures required to address deficiencies can be identified. I want, as far as is possible, to establish all of the facts in relation to alleged abuses in order that a comprehensive strategy to deal with issues arising can be put in place. In the event that a need for additional legislative measures is established, proposals will be brought to Government in the usual manner.

Human Trafficking

Seán Ó Fearghaíl

Ceist:

283 Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the extent to which cases of forced labour have been reported to An Garda Síochána; the number of cases which have been reported in the past years; the extent to which such matters have been investigated; and if he will make a statement on the matter. [38852/11]

I refer the Deputy to my reply to Parliamentary Question 37544/11 of 29 November, 2011. The position has not changed since then.

The Criminal Law (Human Trafficking) Act, 2008 came into effect on 7 June 2008. It created offences in relation to trafficking of persons for the purposes of labour exploitation, as well as trafficking of persons for the purposes of sexual exploitation or exploitation consisting of the removal of a persons organs. Section 1 of the 2008 Act defines labour exploitation in relation to a person (including a child) as follows:

(a) subjecting the person to forced labour

(b) forcing him or her to render services to another, or

(c) enslavement of the person or subjecting him or her to servitude or a similar condition or state

Since 7 June 2008, the number of cases of alleged human trafficking for labour exploitation that have been investigated by An Garda Síochána are as follows:

2009 — 19 cases

2010 — 19 cases

2011 — 9 cases (up to September 2011)

To date no proceedings for the offence of human trafficking for labour exploitation have been commenced, with three Investigation Files having been submitted to the Law Officers. Directions for no prosecution have been received in two of these cases, while additional information has been sought and provided in respect of the third Investigation File. The decision in such matters rests with the Law Officers. In order for proceedings to be commenced against an individual for any criminal offence, including human trafficking, there must be evidence of the crime against the individual. At the very least, a prima facie case must be established. In a number of the cases under investigation by An Garda Síochána insufficient evidence of human trafficking has been established to allow proceedings be commenced.

In some of these cases there are alleged breaches of employment legislation and in this regard An Garda Síochána works closely with the National Employment Rights Authority.

Visa Applications

John McGuinness

Ceist:

284 Deputy John McGuinness asked the Minister for Justice and Equality if he will approve a stamp 4 in respect of a person (details supplied) in County Carlow; if the application to remain in the State will be approved; if a response to both matters will be expedited; and if he will make a statement on the matter. [38875/11]

The person concerned, a failed asylum applicant, applied to remain in the State on the basis of his marriage to an EU citizen. This application was approved, for an initial one year period, on 13th September, 2006. An application from the person concerned to have this permission to remain renewed was refused on the basis that the person concerned was no longer residing with his EU citizen spouse and consequently his entitlement to be in the State pursuant to the exercise of EU Treaty rights had ended. The decision to refuse to renew his permission to remain in the State based on marriage to an EU citizen was upheld following an internal review of that decision and the outcome of this comprehensive review was notified to the person concerned by letter dated 4th March, 2010.

Arising from the refusal of the internal review of the decision to refuse to renew his permission to remain based on marriage to an EU citizen, 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 August, 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. He was also 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 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.

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 partner of 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 position in the State of the partner 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.

Two of the children of the persons referred to by the Deputy applied for Asylum on 24/9/2010. The claims were assessed by the Refugee Applications Commissioner who concluded that the persons concerned did not meet the criteria for recognition as refugees. The Commissioner's recommendations were communicated to them by letters dated 6/1/2011. This communication advised the persons of their entitlements to appeal the Commissioner’s recommendations to the Refugee Appeals Tribunal, which they duly did.

The Refugee Appeals Tribunal considered the persons appeals, following which the Tribunal affirmed the Commissioner's earlier recommendations to reject their claims. The outcome of these appeals were made known to the applicants by letters dated 2/11/2011.

In accordance with normal procedures, the applicants' files were forwarded to my Department's Ministerial Decisions Unit for final processing of their Asylum claims. Letters will issue to them from my Department advising them formally that their asylum claims had been rejected and affording them three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days under Section 3 of the Immigration Act, 1999 and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

My Department has no record for a third child of the persons concerned referred to by the Deputy.

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. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Question No. 285 answered with Question No. 282.

Garda Deployment

Thomas Pringle

Ceist:

286 Deputy Thomas Pringle asked the Minister for Justice and Equality the number of gardaí in the Donegal division serving in Gaeltacht areas who can conduct business with members of the public through Irish; the stations to which they are assigned; and if he will make a statement on the matter. [38888/11]

The information requested by the Deputy was not available in the timeframe allowed I will contact the Deputy directly when this information is to hand.

Citizenship Applications

Thomas Pringle

Ceist:

287 Deputy Thomas Pringle asked the Minister for Justice and Equality the number of applications for residency and naturalisation on hand; the reason it takes more than 26 months to process an application; and if he will make a statement on the matter. [38890/11]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that in 2011 it will receive about 28,000 applications for naturalisation. This is an historic high. Currently, just over 10,000 standard cases are awaiting a decision for more than 6 months. In addition, there are about 3,500 complex cases in the system for longer periods which require further investigation before a decision can be made on them.

There has been an enormous increase in the volume of applications for a certificate of naturalisation in recent years. In 2000 the number of applications made that year was just over 1,000 whereas last year the number was 25,671 — an increase of almost 2,500%. Quite clearly, this dramatic increase in volume has impacted on the capacity of the administrative system to process them and has given rise to a major backlog.

I can inform the Deputy that measures I introduced earlier this year have resulted in a significant increase in the number of cases decided and it is my objective that by the spring of next year, save in exceptional circumstances, persons applying for citizenship will be given a decision on their application within six months.

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. The procedures employed to assess an applicant for naturalisation are summarised below.

Upon receipt, an initial examination of each application is carried out to determine if the statutory application form is completed fully and all necessary supporting documentation has been supplied. Passports and other documentation are examined in detail, and the applicant will have 4 weeks to address any shortcomings. Valid applications are then examined to determine if the applicant meets the statutory residency criteria set out in the Irish Nationality and Citizenship Act.

Further checks involve assessing an applicant's financial status in respect of their ability to support themselves in the State. Enquiries with the Revenue Commissioners and the Department of Social Protection may be necessary in this regard. Enquiries are also made with An Garda Síochána in order that I can be satisfied that the applicant is of good character. Depending on the complexity of any given case, these processes can take a lengthy time to complete. Once all enquiries are completed, the application is referred to me for a decision.

Garda Stations

Thomas Pringle

Ceist:

288 Deputy Thomas Pringle asked the Minister for Justice and Equality the Garda stations in County Donegal earmarked for closure; the criteria used to decide on the closure; the security arrangements in place for the rural communities that will be left without a Garda presence; and if he will make a statement on the matter. [38891/11]

Yesterday I announced plans, prepared by the Commissioner under the draft policing plan for 2012 for the closure of 31 Garda stations throughout the country and for a reduction in the public opening hours of 10 Garda stations in the Dublin Metropolitan Region. The stations in Donegal which are to close are Culdaff and Dunkineely. In addition, Doochary which was already non-operational will not re-open.

In making his recommendations, the Garda Commissioner reviewed all aspects of the Garda Síochána's policing model, including the deployment of personnel, the utilisation of modern technologies and the operation of Garda stations, both in terms of opening hours and possible closures. In addition, all Divisional Officers were asked to assess the level of activity in each Garda Station in their area.

The Garda Commissioner has reiterated the commitment of An Garda Síochána to providing a professional and effective service to the community. In the coming months local Garda management, in places where a station is going to close, will consult with local communities to determine how best to continue to deliver a policing service in their area.

Garda Strength

Jonathan O'Brien

Ceist:

289 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the rate of resignation of female members from An Garda Síochána over each of the past five years; and if he will make a statement on the matter. [38896/11]

I am informed by the Garda Authorities that the number of female members of An Garda Síochána who have resigned over the past 5 years was as is set out hereunder:

Year

Number of Resignations of Female Members

2006

8

2007

8

2008

17

2009

6

2010

7

As at (2/12/11) 2011

7

Question No. 290 answered with Question No. 282.

Departmental Expenditure

Jonathan O'Brien

Ceist:

291 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of employees for which he has paid fees to attend the King’s Inns for the legal diploma course and the barrister at law course during each of the past five years. [38898/11]

My Department is committed to promoting a culture of continuous learning and development and therefore offers financial assistance to staff pursuing a variety of courses under its refund of educational fees scheme. The vast majority of courses undertaken would fall into the categories of either public administration or legal studies. Such courses would have relevance across the Department. During the period in question, nine individuals received funding to attend the courses at Kings Inns identified by the Deputy. Five individuals received funding for the Diploma in Legal Studies and seven individuals received funding for the Barrister at Law Course (three of these had previously completed the Diploma in Legal Studies).

Constraints on expenditure have, however, had an impact on my Department's budget for training and development. Personal development takes place in a range of settings, both during and outside working hours and staff will continue to be supported in relevant learning activity that takes place outside of working hours through the refund of fees scheme. The Deputy will appreciate that, in light of diminished resources, it is no longer possible to support persons to the same number or at the same level of support as in previous years .

Jonathan O'Brien

Ceist:

292 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the amount spent on the tendering process and other related matters to the capital project of constructing a new laboratory in Marino, Dublin. [38899/11]

The capital project referred to by the Deputy represents a joint venture between my Department and Dublin City Council to provide a facility for the Office of the State Pathologist and the Dublin City Coroner's Office at Marino, Dublin 3. Funding is being provided by my Department and Dublin City Council on a two-thirds to one-third basis, respectively. The site has also been provided by Dublin City Council free of charge. The project was procured by Dublin City Council who are responsible for the tendering process and related matters. However, thus far, my Department has contributed approximately €2.8 million towards the tendering, design and build (including professional fees) of the project.

Departmental Agencies

Jonathan O'Brien

Ceist:

293 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of unfilled vacancies within the National Disability Authority; and the dates on which these will be filled. [38901/11]

The Deputy will be aware that a moratorium on recruitment and promotion is currently in place across the public sector. Since the moratorium came into operation 11.6 posts have fallen vacant in the NDA. This moratorium operates in tandem with the Employment Control Framework applicable to each Department, agency or body in the sector. The National Disability Authority is therefore subject to the moratorium and to the ECF and it is in that context that the filling of its posts will be considered.

Road Safety

Denis Naughten

Ceist:

294 Deputy Denis Naughten asked the Minister for Justice and Equality when the Garda intend to publish data compiled by its road accident investigation unit into the cause of road accidents; and if he will make a statement on the matter. [38911/11]

The Road Safety Authority Act 2006 provides that the Road Safety Authority (RSA) is the State agency with statutory responsibility for the compilation of data regarding the causes of collisions and other relevant information related to road safety. There are arrangements in place between An Garda Síochána and the RSA for the provision of information relating to road collisions held by An Garda Síochána to the RSA to assist it in carrying out its statutory responsibility in this regard. The RSA, which is under the aegis of the Minister for Transport, Tourism and Sport, publishes road collision statistics on an annual basis. These statistics are available on the Agency's website www.rsa.ie.

Road Traffic Offences

Seán Kenny

Ceist:

295 Deputy Seán Kenny asked the Minister for Justice and Equality the position regarding illegal parking at a location (details supplied) in Dublin 13; the number of fixed penalty notices issued in 2010 and to date in 2011 regarding illegal parking; the number of fines that have been paid to date; the number of fines that have yet to be paid; and if this location will receive greater attention in the run up to Christmas. [39008/11]

I am informed by the Garda authorities that the location referred to is within Coolock Garda Sub-District. Local Garda management is not aware of ongoing difficulties of the nature referred to by the Deputy being experienced by residents in the area. An Garda Síochána pays particular attention to the area, given its proximity to local amenities, and will continue to do so over the Christmas period. Any breaches of the criminal law, including the Road Traffic Acts, will be dealt with appropriately. A member of the local Community Policing Unit is specifically assigned to the area and regularly meets local residents. Local Garda management closely monitors and keeps under review patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in the area, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. An Garda Síochána is not in a position to provide information on the number of fixed charge notices issued in relation to parking at the location referred to and the number in respect of which charges have and have not been paid without a disproportionate use of resources.

Visa Applications

Seán Kenny

Ceist:

296 Deputy Seán Kenny asked the Minister for Justice and Equality the number of persons refused permission to enter Ireland for the years 2008, 2009, 2010 and to date in 2011. [39010/11]

Section 4 of the Immigration Act, 2004, empowers an immigration officer, on behalf of the Minister, to authorise a non-national to land or be in the State. Sub-section (3) of Section 4 enumerates, the circumstances which an immigration officer may, on behalf of the Minister, have regard to in refusing to give such authorisation. The number of non-nationals refused permission to enter Ireland for 2011 (up to end of November) was 2,538. The figures for the years 2008-2010 (as outlined in response to PQ Number 242 of 19th April last) were 5,390, 3,857 and 3,031 respectively.

Garda Transport

Seán Kenny

Ceist:

297 Deputy Seán Kenny asked the Minister for Justice and Equality the number of marked and unmarked Garda vehicles including vans allocated to each Garda district in the Dublin region; and if he will provide the same figures as of 31 December 2010. [39011/11]

I am advised by the Garda authorities that the following table sets out the number of marked and unmarked Garda vehicles, including vans, allocated to each Garda District in the Dublin region as of 1 December 2011.

Marked vans

Other marked vehicles

Unmarked vans

Other unmarked vehicles

Total

Blackrock

1

16

1

10

28

Dun Laoghaire

6

7

2

10

25

Balbriggan

2

5

0

4

11

Ballymun

14

15

3

31

63

Coolock

3

7

0

21

31

Raheny

2

7

0

13

22

Bridewell

3

3

0

6

12

Fitzgibbon Street

4

8

0

17

29

Store Street

2

15

2

19

38

Crumlin

3

6

3

17

29

Tallaght

3

13

1

18

35

Terenure

1

11

1

11

24

Donnybrook

5

4

0

7

16

Kevin Street

5

10

0

12

27

Pearse Street

2

15

1

17

35

DMR Traffic-Dublin Castle

2

52

1

8

63

Blanchardstown

3

20

1

36

60

Clondalkin

5

10

0

15

30

Lucan

5

9

2

10

26

The following table sets out the number of marked and unmarked Garda vehicles, including vans, allocated to each Garda District in the Dublin Region as of 31 December 2010. I am advised by the Garda authorities that it is not possible to provide a breakdown between marked and unmarked vehicles for this period.

31 Dec 2010

VANS

OTHER VEHICLES

Total

Blackrock

2

26

28

Dun Laoghaire

8

17

25

Balbriggan

3

10

13

Ballymun

18

53

71

Coolock

6

33

39

Raheny

2

19

21

Bridewell

3

9

12

Fitzgibbon Street

5

22

27

Store Street

6

33

39

Crumlin

7

23

30

Tallaght

7

31

38

Terenure

2

21

23

Donnybrook

5

10

15

Kevin Street

6

18

24

Pearse Street

5

33

38

DMRTraffic-Dublin Castle

4

63

67

Blanchardstown

4

55

59

Clondalkin

5

29

34

Lucan

7

19

26

Departmental Staff

Alan Farrell

Ceist:

298 Deputy Alan Farrell asked the Minister for Defence the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38356/11]

It has not been possible in the time available to compile all the necessary information requested by the Deputy. The information will be forwarded to the Deputy as soon as possible.

Army Barracks

Brendan Smith

Ceist:

299 Deputy Brendan Smith asked the Minister for Defence if appropriate accommodation is available at Custume Barracks, Athlone, County Westmeath, to facilitate the transfer of army personnel from Dún Uí Néill Barracks, Cavan, and from Mullingar Barracks; if this accommodation is available at present; if not, when will the accommodation be in place to accommodate the personnel who are due to be transferred following the Government decision to close barracks; and if he will make a statement on the matter. [38453/11]

There is sufficient accommodation in Custume Barracks, Athlone to provide for personnel relocating from the barracks in Cavan and Mullingar who choose to live in barracks (Single Living In). These personnel will be accommodated in the separate male and female billets blocks currently situated within Custume Barracks. Mess, dinning and other welfare facilities will also be available to these personnel from existing facilities at Custume Barracks. Work related accommodation will also be put in place before personnel relocate.

Departmental Expenditure

Michael McGrath

Ceist:

300 Deputy Michael McGrath asked the Minister for Defence the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38460/11]

The estimated cost to my Department of a 2% increase in the standard rate of VAT for 2012 is in the order of €2m.

Departmental Agencies

Finian McGrath

Ceist:

301 Deputy Finian McGrath asked the Minister for Defence if his attention has been drawn to the fact that the proposed mandatory break in service for members of the Red Cross executive committee is not yet in force and that two members of the committee, the vice-chairman and treasurer who have served for 21 and ten years, respectively, are still members of the committee and, under proposed new governance arrangements, can each serve for a further six years each bringing their service to potentially 27 and 16 years, respectively; his views on this arrangement; and if he will make a statement on the matter. [38750/11]

The revised Rules and Constitution of the Irish Red Cross that were agreed at the last meeting of the Society's Central Council in May 2011 will take effect when the Irish Red Cross Society Order 1939 has been amended by Government. The text of this proposed legislation is currently being finalised and officials from my Department are engaged in ongoing consultation with the Office of the Attorney General in this regard. My views on the need for turnover and rotation at leadership levels in the Society are well known. I do not consider it conducive to good corporate governance that any individual can serve for an indefinite period on either the Central Council or on the Executive Committee. I have made these views known to the Society and I welcome the fact that, pending legislation to amend the 1939 Order, the Society has taken steps to address my concerns. In saying this however, I am also conscious of the fact that the Society is both an independent body corporate and a democratic organisation whose members ultimately have the power to decide who should be elected to its Executive Committee.

Finian McGrath

Ceist:

302 Deputy Finian McGrath asked the Minister for Defence if he expects to appoint a replacement Government nominee to the central council of the Irish Red Cross beforeits next scheduled meeting on 10 December; and if he will make a statement on the matter. [38751/11]

While a member of the Council resigned earlier this year for personal reasons, there is no immediate requirement for the Government to appoint a replacement as the number of Government nominees currently meets the statutory requirement that at least one-third of the Council be made up of such nominees.

Jack Wall

Ceist:

303 Deputy Jack Wall asked the Minister for Agriculture, Food and the Marine the progress he has made in regard to his commitment to have a dispute investigated (details supplied); and if he will make a statement on the matter. [38414/11]

The dispute has its origins in the dismissal of the person in question by the Agricultural Institute in 1964. His dismissal was a matter for the Council of the Institute. The relevant legislation governing the matter was the Agriculture (An Foras Taluntais) Act 1958. Article 17(2) of that Act stated that ‘.....the members of the staff of the Institute shall be appointed and removed by or under the authority of the Council'.

Teagasc who are the legal successors to the Council reviewed this case and the Director of Teagasc offered to explore some form of words agreeable to both parties which would help alleviate the sense of grievance felt by the person in question. I understand this offer has not been accepted to date.

Rural Environment Protection Scheme

Tom Hayes

Ceist:

304 Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine when outstanding REP scheme payment will issue to a person (details supplied) in County Tipperary. [38295/11]

The person named commenced REPS 4 in November 2008 and received payment for the first two years of the contract. In addition, 75% of the year 3 payment issued on 17th December 2010 for the amount of €7,787.75 and the remaining 25% balancing payment issued on 29th November 2011 for the amount of €2,511.41 which included an over-claim reduction of €84.50.

REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments may issue. The administration checks in respect of 2011 payments have been finalised and I expect that the 2011 payment to the person named will issue shortly.

Tom Hayes

Ceist:

305 Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine when outstanding REP scheme payment will issue to a person (details supplied) in County Tipperary. [38296/11]

The person named commenced REPS 4 in June 2008 and received payments for the first three years of the contract. REPS 4 is a measure under the current 2007-13 Rural Development Programme and accordingly is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments could issue. The administration checks in respect of 2011 payments have been finalised and I expect that the 2011 payment of the person named will issue shortly.

Grant Payments

Noel Harrington

Ceist:

306 Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine when outstanding sheep ewe premium payments will be paid to a person (details supplied) in County Cork; and if he will make a statement on the matter. [38323/11]

An application under the 2010 Single Payment Scheme/Grassland Sheep Scheme was received from the person named on the 10 May 2010. This application was fully processed and payment under the Grassland Sheep Scheme issued on 30 November 2011, based, in accordance with the provisions of the Scheme, on the original Sheep Census return received by my Department, which indicated that the person named had 130 breeding ewes in his flock.

Brendan Griffin

Ceist:

307 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38333/11]

My Department has not paid out any grants to community and voluntary groups in Galway city and County to date in 2011, other than the ex gratia amounts paid to animal welfare organisations.

Departmental Staff

Alan Farrell

Ceist:

308 Deputy Alan Farrell asked the Minister for Agriculture, Food and the Marine the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38352/11]

The following table sets out the number of increments paid/payable to the staff in my Department for the years 2010-2012:

Year

2010

2011

2012

Number of Increments

1,578

1,246

1,049(Estimate)

The awarding of an increment is dependent on satisfactory performance by the staff member.

It is not feasible to provide details of the cost of the increments for each year in the time frame available, as the calculations would have to be carried out for each individual, taking account of the date the increment became payable, the amount of the increment and whether or not the staff member worked full time during the year.

Veterinary Inspection Service

Seán Ó Fearghaíl

Ceist:

309 Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Food and the Marine the progress that has been made in his discussions with the veterinary union on post mortem examinations and slaughter houses throughout the country; his views that the presence of veterinary surgeons in such establishments during the processing of animals adds value to quality assurance in respect of meat products; if the strict supervisory regime currently in place adds value to Irish meats in the export market; his views that any diminution of the role of veterinary surgeons in the process would be contrary to the best interests of the meat industry; and if he will make a statement on the matter. [38395/11]

Slaughterhouses and meat processing plants operate under the supervision of my Department, in accordance with the terms of EU Food Hygiene Regulations. These plants are supervised by veterinary inspectors employed by the Department, assisted in their duties by technical staff (agricultural officers) and by temporary veterinary inspectors (TVIs) contracted from private practice on a rota basis.

The cost of the meat inspection service has been reduced in recent years. The cost in 2009 was €38m and the corresponding figure in 2010 was €32m. Part of the cost of the service is recovered from industry through charges for official controls, levied under the terms of Regulation (EC) 882 of 2004. The amount recovered in 2009 was €13.9m (37% of the total cost); and the amount in 2010 was €15.5m (49% of total cost).

Most of the decrease in the cost of the meat inspection service relates to reduced payroll costs for veterinary and technical staff employed directly by my Department. There was a small reduction in fees paid to TVIs, which represent the biggest single element of cost of the service, from €18.8m in 2009 to €18.3m in 2010.

A number of further cost reduction measures have also been introduced recently, including the transfer of the carcase stamping function to food business operators (FBOs) and the phased transfer of responsibility for TSE sampling to FBOs. Veterinary Ireland were informed of these changes some months ago. The sampling change involves the transfer of some work from TVIs which does not require veterinary expertise and can be carried out by the FBO under the direction of the Department veterinary inspector in charge in each plant. It should be noted that the extent of this change is relatively modest, with an estimated value of €0.3m, just 1.6% of the amount spent on TVIs last year.

It is my intention, in line with the recommendations in Food Harvest 2020, that the service will be further streamlined over time to provide a more cost effective service consistent with regulatory requirement and consumer safety and confidence.

Recommendations arising from a Value for Money (VFM) review relating to the use of the services of TVIs in slaughter plants under the supervision of my Department, along with recommendations arising from other reviews relating to the optimum deployment of the Department's staff, are being taken into account in revised arrangements for controlling meat plants. In this context it is intended that the use of auxiliaries as recommended by the VFM review will be introduced in certain areas, initially on a pilot basis. Supplementary training will be required to allow technical staff to carry out post-mortem meat inspection, except in relation to poultry meat (as the Department has already assigned some post mortem inspection duties to technical staff working in poultry processing establishments). The pilot programme will be subject to evaluation and review.

Next year will be challenging for all sectors and for all our citizens as we grapple with the imperative of restoring order to our public finances and lay the foundations for future growth in the economy. There are no easy decisions in this process nor are there easy solutions. In my own Department there are very severe budgetary challenges and it is no secret that the financial resources that will be made available under the National Recovery Plan will be further lessened in 2012 and beyond. This will result in less monies being available for the entire sector, including those who provide contracted services to the Department.

These budgetary constraints place a further demand on all of us to do more with less. We have tackled this problem head-on in the Department, where radical reforms have been implemented in the way in which we run our business, including closure of many local offices and very significant staff reductions.

I value the considerable role played by private veterinary practitioners in the meat inspection service, to which we have devoted a very significant budget each year. I believe that the role played by the profession has been important in the high standing Ireland has in food production and in trade. I do not envisage a period ahead when veterinary practitioners will not have a significant continuing role in the meat inspection service but that is not to say that the role can remain exactly as it has always done in the past. We all have a part to play in the recovery process and we must all be seen to play our part.

In carving out the future role of private veterinary practitioners in the service, my Department is more than willing to continue to engage with representatives of veterinary interests but it is important to understand that the circumstances that pertained in years past have changed radically and that no area of service provision can be immune from review and change.

Turbary Rights

Paul Connaughton

Ceist:

310 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the fact that there is widespread opposition to the proposal to transfer the fee simple and rights of turbary on plot numbers 7, 17, 19, 25-33, 44-49, 52, 10.307 hectares in the townland of Meelickmore, Barony of Dunmore, County Galway from the Irish Land Commission to the National Parks and Wildlife Service; if his further attention has been drawn to the fact that the transfer of fee simple only and subject to rights of turbary of plot numbers 22, 23, 24 are also involved; if he is aware that the local land-holders adjacent to this property tendered to purchase these bogs a number of years ago but were never notified of the result and they urgently want this process to be stopped, particularly in view of the difficult circumstances in which many bog owners now find themselves across the country; and if he will make a statement on the matter. [38402/11]

As successor to the former Irish Land Commission I am required, through my Department, to ensure that notice of the transfer or disposal of fee simple and turbary rights are published in Iris Oifigiuil and in one local newspaper circulating in the county in which the land is situate. This requirement has been met for the fee simple and turbary rights on hands in the townland of Meelickmore, Co. Galway. My Department's policy is, where possible, to give priority to small holders and, in the case of turbary rights, only to the fee simple owners. The exceptions to this are where the fee simple and turbary rights are transferred to the National Parks and Wildlife Service (NPWS) either because they fall within a Special Area of Conservation (SAC), a National Heritage Area (NHA) or as re-location bog in order to compensate land owners and land users affected by the restrictions on turf cutting under the Cessation of Turf Cutting Compensation Scheme. In this case, the NPWS is the most suitable candidate as it requires the plots in question as replacement plots for individuals prevented from cutting on designated bogs.

Grant Payments

Paul Connaughton

Ceist:

311 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway has not received their grassland sheep scheme payment; if his attention has been drawn to the fact that the failure to return certain documents was beyond the person’s control; and if he will make a statement on the matter. [38404/11]

An application under the 2010 Single Payment Scheme/Grassland Sheep Scheme was received from the person named on the 10 May 2010. This application was fully processed and payment under the Grassland Sheep Scheme issued on 4 February 2011, based, in accordance with the provisions of the Scheme, on the original 2009 Sheep Census return received by my Department on 22 January 2010, which indicated that the person named had 90 breeding ewes in his flock.

An application under the 2011 Single Payment Scheme/Grassland Sheep Scheme was received from the person named on 9 May 2011 and, while payments have yet to commence under the 2011 Grassland Sheep Scheme, following validation it was found that the person named had not submitted the 2010 Sheep Census, as required. Therefore, no payment is due to the person named under the 2011 Grassland Sheep Scheme.

To date, my Department has received no correspondence from the person named in this regard and, therefore, is not aware of any potentially mitigating circumstances, as alluded to by the Deputy. Should the person named be of the view that there are acceptable mitigating circumstances, he should write directly to the Grassland Sheep Scheme Section of my Department (Government Offices, Portlaoise, Co. Laois), without delay, outlining clearly the circumstances involved and enclosing any relevant supporting documentation.

Disadvantaged Areas Scheme

Denis Naughten

Ceist:

312 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the total value of single farm payment made on lands designated as disadvantaged and the acreage involved; the total value of single farm payment made on lands other than designated as disadvantaged and the acreage involved; and if he will make a statement on the matter. [38408/11]

The Deputy will be aware that payment under the Single Farm Payment is based on the declaration by each applicant of one eligible hectare for each payment entitlement held. As many of the applicants declare both Disadvantaged Area and non-Disadvantaged Area land and also declare more eligible hectares than the number of entitlements held, it is not possible to differentiate which category of land is activating the payment entitlement and benefiting from payment. However, it is possible to establish the total value of the Single Farm Payment paid to farmers, who declared land situated in Disadvantaged Areas and farmers, who declared only non-Disadvantaged Areas land. The payments in respect of the 2010 Scheme to these categories of farmers were as follows;

Classification of land

Number of farmers paid

Amount Paid

Disadvantaged Areas

101,589

€918.9 million

Non-Disadvantaged Areas:

22,240

€322.9 million

Grant Payments

John Deasy

Ceist:

313 Deputy John Deasy asked the Minister for Agriculture, Food and the Marine the reason for the delay in processing payments under the agri-environment options scheme; when the remaining applications will be processed and final payments issued; and if he will make a statement on the matter. [38420/11]

Under EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. This administration check has been completed and my Department is now dealing with the discrepancies that have arisen on individual files following this check. I have given the highest priority to the processing and payment of outstanding AEOS payments and to the elimination of all unnecessary delays.

Payments in respect of 2010 are continuing to issue to outstanding applicants on an ongoing basis while I also expect that payments in respect of 2011 will commence later this month.

Michael Creed

Ceist:

314 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a decision is expected on an appeal for single farm payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38427/11]

This was a Satellite inspection case in 2010. The person named did not agree with the outcome of the inspection and lodged an appeal with my Department. The internal appeals process has now been concluded. The Agricultural Consultant acting on behalf of the person named was informed by letter on 2 November 2011 that the most recent rejection of the appeal could be appealed to the Agricultural Appeals Office.

Departmental Staff

Pat Breen

Ceist:

315 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Clare will be facilitated; and if he will make a statement on the matter. [38450/11]

The individual to whom the Deputy refers is employed in my Department on a 6 month placement under the Willing Able and Mentoring (WAM) Programme. The placement will end on 13 January 2012 and the terms of the Programme do not make any provision for an extension of the placement.

Departmental Expenditure

Michael McGrath

Ceist:

316 Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38456/11]

An increase in the standard rate of VAT by 2 %, based on current expenditure levels, would cost my Department an estimated €950,000 per annum.

Grant Payments

Paul Connaughton

Ceist:

317 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive a single farm payment; the reason he has not received the payment to date; and if he will make a statement on the matter. [38509/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 3rd 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.

In the vast majority of inspected cases, including this case, 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. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a Ground Eligibility Inspection.

Pat Breen

Ceist:

318 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 114 of the 19 October 2011, the position regarding an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [38549/11]

An application under the 2011 Single Payment/Disadvantaged Areas Schemes was received from the person named on 11 May 2011. The 50% advance of the Single Payment was paid to the person named on 1 November 2011 with payment under the Disadvantaged Areas Scheme paid on 3 November 2011. The balancing payment under the Single Payment Scheme issued to the person named on 1 December 2011.

Brendan Griffin

Ceist:

319 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a single farm payment and disadvantaged area payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [38555/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 12th May 2011.

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

This inspection was completed and the results are now being processed.

In the vast majority of inspected cases, including this case, 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. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a Ground Eligibility Inspection.

Michael Healy-Rae

Ceist:

320 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding an application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [38620/11]

The person named commenced REPS 4 in June 2008 and received payments for the first three years of the contract.

REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments could issue. The administration checks in respect of 2011 payments have been finalised. However, following this administrative check discrepancies were discovered between the Single Farm Payment Application for 2011 and the REPS 4 agri-environmental Plan of the person named. My Department is investigating the issue with a view to an early resolution and payment in respect of 2011.

Noel Harrington

Ceist:

321 Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive a single farm payment; and if he will make a statement on the matter. [38621/11]

An application under the 2011 Single Payment Scheme was received from the person named on 13 May 2011, following processing of which overlaps were identified on two of the land parcels declared by the person named. The person named has been written to in this regard and, on receipt of a satisfactory reply, the application will be further processed with a view to the appropriate payments issuing immediately thereafter.

Noel Harrington

Ceist:

322 Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine when an application for single farm payment will be processed in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38623/11]

An application under the 2011 Single Payment Scheme was received from the person named on 13 April 2011. The 50% advance payment issued on 24 November 2011 and the balancing payment issued on 1 December.

Pat Breen

Ceist:

323 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 141 of 3 November 2011, the position regarding an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [38640/11]

This applicant was the subject of a Satellite inspection in 2010 which resulted in a penalty of between 3 and 20 percent arising from over-declaration of eligible land. As a result the applicant submitted an application in 2011 which reflected the determined area in 2010. In response to Parliamentary Question 32674/11 on 3rd November, I confirmed that the person named was entitled to lodge an appeal in relation to the results of the 2010 Satellite Inspection and that any such appeal would be dealt with rapidly. As a result of an appeal having been lodged, the 2010 findings will be the subject of on the ground review in the coming days. The applicant will be informed in writing of the outcome of this review.

Heather Humphreys

Ceist:

324 Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Leitrim will receive a single farm payment; and if he will make a statement on the matter. [38668/11]

An application under the 2011 Single Payment Scheme was received from the person named on 10 May 2011, processing of which has recently been finalised, thereby allowing full payment under the scheme to issue on 1 December.

Rural Environment Protection Scheme

Noel Harrington

Ceist:

325 Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 522 of 3 May 2011, if he will now reissue a copy of a letter dated 31 August to a person (details supplied) in County Cork; and if he will make a statement on the matter. [38746/11]

My Department has now issued a copy of the letter referred to the person named. The letter conveys my Department's decision in relation to an appeal against a penalty imposed under REPS and informs the person named the right of appeal to the Agriculture Appeals Office. No appeal was received on behalf of the person named in that office. The notice of appeal to the Agricultural Appeals Office must be lodged within three months of notification of the decision under appeal. An appeal received after three months will only be accepted if the Director of Agriculture Appeals considers that there are exceptional circumstances pertaining to the case. The person named may also wish to appeal the decision to the Office of the Ombudsman.

Commonage Division

Mattie McGrath

Ceist:

326 Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 441 of 29 November 2011, the length of time he expects this review to take; and when the person in question may expect to be informed by him; and if he will make a statement on the matter. [38753/11]

The person named is one of seven applicants who have each declared part of the same commonage land on their 2011 Single Payment Scheme applications and, as the Deputy is aware, my Department is conducting a full review, involving the affidavits sworn by the claimants and other evidence submitted. It is anticipated that this matter will be resolved shortly, thereby allowing outstanding payments due to issue.

Grant Payments

Denis Naughten

Ceist:

327 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Roscommon will receive a payment; the reason for the delay in issuing same; and if he will make a statement on the matter. [38760/11]

An application under the Single Payment Scheme was received from the person named on 6 May 2011. In accordance with the provisions of the governing EU Regulations, this application was the selected for an eligibility inspection by way of a satellite inspection. That inspection detected some over-claims on land parcels declared on the application form by the person named. A follow-up ground inspection was arranged and the over-claims were confirmed. As a result a reduced payment in respect under the Single Payment Scheme was issued on 1 December. Payment under the Disadvantaged Areas Scheme was only subjected to a slight reduction as the determined eligible land found was 33.91 hectares — only 0.09 hectares less than the maximum area payable. This payment was issued on 5 December 2011.

Pat Breen

Ceist:

328 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [38788/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Schemes was received from the person named on 13 May 2011. After the satisfactory resolution of a number of dual claim queries, processing was finalised recently with full payments under both schemes due to the applicant. The entire Single Payment issued to the person named on 1 December 2011 with payment under the Disadvantaged Areas Scheme issuing on 29 November 2011.

Pat Breen

Ceist:

329 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when a decision will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [38790/11]

The person named registered twelve calves, including a set of twins under the 2010 Suckler Welfare Scheme. Under the Terms and Conditions of the Scheme it is not necessary to castrate calves, however, if they are to be castrated it must be done at least four weeks before, or two weeks after, weaning the animals. The applicant had notified my Department that he had castrated five of the animals on 9 October 2010 and weaned them on 2 November. He was advised by letter dated 15 November 2011 that these animals were ineligible for payment as they were castrated during the four weeks before weaning.

By letter received in my Department on 24 November 2011, the person named sought a review of the decision and advised that his veterinary practitioner undertook the castration while he was on the farm paring the hooves of other animals. However, the terms and conditions are clear in this matter and as the castration was carried out during the four weeks prior to weaning they remain ineligible for payment. A letter issued to the applicant on 5 December setting out the position and advising the person named of his right to appeal to the Agriculture Appeals Office.

Dara Calleary

Ceist:

330 Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine when single farm payment and area-based payment will issue to a person (details supplied) in County Mayo. [38810/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 12 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.

In the vast majority of inspected cases, including this case, 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. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a ground eligibility Inspection.

Michael Creed

Ceist:

331 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the situation regarding a REP scheme payment in respect of a person (details supplied) in County Cork; if this decision has been appealed; if it is the intention to hold an oral hearing on this case; and if he will make a statement on the matter. [38836/11]

The person named commenced REPS 4 in December 2006 and received full payments for the first four years of the contract. Following an inspection in 2010, a 100% penalty was imposed for failure to keep "listed habitats retained as specified" which resulted in a nil payment in respect of year 5.

The decision to impose this penalty has been appealed to the Agricultural Appeals Office and that office will be in direct contact with the person named following the review.

Seán Ó Fearghaíl

Ceist:

332 Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Food and the Marine if he will expedite a single farm payment in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38846/11]

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

In the vast majority of inspected cases, including this case, 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. This work is ongoing and every effort is being made to complete the processing of those who were the subject of a ground eligibility inspection.

Animal Health

Tom Barry

Ceist:

333 Deputy Tom Barry asked the Minister for Agriculture, Food and the Marine if the European Parliament’s decision to ban the prophylactic use of antibiotics in livestock farming will affect the sale of dry cow and milking cow mastitis tubes here. [38847/11]

The Resolution on antimicrobial resistance, adopted by the European Parliament on 27 October 2011, set out a broad range of recommended actions to be taken by the European Commission and other stakeholders to address the antimicrobial resistance threat. However, the Resolution is not a legally binding decision and, as such, does not have any practical effect on the current availability here of dry and milking cow mastitis tubes.

The European Commission also published an "Action Plan against the rising threats from Antimicrobial Resistance" on 15 November 2011. The Action Plan, which embraces both the human and animal health spheres and covers the next 5 years, sets down 12 concrete actions covering 7 areas where the Commission feels that measures are most necessary. It builds on a number of measures taken over the past number of years, including the initiative to ban, in 2005, the use of antibiotics for growth promotion purposes in animals.

Both the Resolution and the Action Plan represent an important contribution to the ongoing debate on this issue which has significant public and animal health implications. While many of the details of the Action Plan have yet to be developed, it is already evident that all stakeholders, both in the human and animal health spheres, will have to play their part in addressing the issue of antimicrobial resistance and that much greater effort will be necessary to prevent and control the spread of disease, thereby reducing the need for recourse to antibiotic treatments.

Bovine Diseases

Maureen O'Sullivan

Ceist:

334 Deputy Maureen O’Sullivan asked the Minister for Agriculture, Food and the Marine if he has considered alternative methods for the eradication of bovine tuberculosis other than the culling of badgers; if he recognises the cruel practice of badger culling; if funds will be focused on a national vaccination programme; and if he will make a statement on the matter. [38850/11]

The badger culling strategy implemented by my Department is underpinned by research studies that demonstrate that the culling of infected badger leads to a significant reduction in the incidence of TB in cattle. My Department is satisfied that this strategy has contributed to a reduction in the incidence of TB over the past number of years and, accordingly, to a significant reduction in the cost of the programme to the taxpayer. Herd incidence has fallen from 7.5% in 2000 to 4.6% last year and reactor numbers in 2010 were, at 20,200, the lowest recorded since the commencement of the programme in the 1950s. Reactor numbers and herd incidence have continued to fall in 2011 and it is likely that reactor numbers will fall below 20,000 this year. The enhancement of the badger culling strategy has been the only significant change in my Department's approach to TB eradication over the past 10 years.

In order to ensure that the culling programme takes place as humanely as possible, my Department continually monitors damage and injury to badgers captured under this programme. Badgers are captured using a specifically designed stopped-body restraint by trained Farm Relief Service contractors, who are monitored and supervised by staff from my Department. The restraints used in the capture of badgers are approved under Section 34 of the 1976 Wildlife Act and are specifically designed with a ‘stop' so as not to tighten beyond a predetermined point. All restraints are monitored daily and any badgers are removed within a maximum of 24 hours of capture. A condition of the licence granted is that restraints are checked before noon the next day. Peer reviewed research has shown that the existing culling arrangements and procedures result in minimal injury to badgers.

Notwithstanding the foregoing, my intention is to replace culling with a vaccination programme as soon as research demonstrates that this is a practicable proposition. With this in mind, my Department has been collaborating for some years with the Centre for Veterinary Epidemiology and Risk Analysis (CVERA) in UCD on research into a vaccine to control tuberculosis in badgers and to break the link of infection to cattle. Research to date has been positive and success in the various field trials currently under way will eventually lead to implementation of a vaccination strategy as part of the national TB control programme.

In summary, the badger culling strategy is a pragmatic response, based on sound science, to a complex problem. The evidence is that it has contributed to a significant reduction in the incidence of TB in the cattle population and the cost of the eradication programme. However, my Department hopes to be able to move to a vaccination programme when the research currently underway demonstrates that it is practicable to do so.

Departmental Investigations

Thomas Pringle

Ceist:

335 Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if he will provide a list of the timetable for the Natura 2000 bays that are being assessed to identify the conservation objectives required for aquaculture; when the assessments on the remaining 84 bays will be completed; and if he will make a statement on the matter. [38889/11]

The timeframe for the completion of the process of identifying Conservation Objectives and conducting Appropriate Assessments varies depending on location and key operational factors including weather conditions, the quality of data received from field operations, the need to carry out additional survey work in certain specific instances and seasonal factors in relation to bird migrations.

My Department is working very closely with the National Parks and Wildlife Service (NPWS) of the Department of Arts, Heritage and the Gaeltacht to complete the overall assessment process. Significant progress has already been made.

The overall process is being addressed on a bay-by-bay basis and all timelines for the completion of each stage of the work are kept under continuous review with a view to completion as soon as possible and are, therefore, subject to change.

Grant Payments

Noel Harrington

Ceist:

336 Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 457 of 8 November 2011, when a person (details supplied) in County Cork will receive their agri-environment options scheme payment; the amount of that payment; and if he will make a statement on the matter. [38903/11]

As previously stated in PQ on the 8th November 2011 this application was randomly selected for an on-farm inspection. As a result of the inspection and the digitisation process, queries arose which required a further field visit. My Department is now finalising the examination of this case with a view to resolving all outstanding issues as quickly as possible.

Michael Moynihan

Ceist:

337 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine the position regarding a single farm payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38924/11]

An application under the 2011 Single Payment Scheme was received from the person named on 11 May 2011, processing of which has recently been finalised, thereby allowing payment to issue shortly, directly to the nominated bank account of the person named.

Brendan Griffin

Ceist:

338 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if payment will issue to a person (details supplied) in County Kerry for the suckler welfare scheme; and if he will make a statement on the matter. [38969/11]

The person named registered thirty animals in 2009 and twenty nine animals in 2010 under the Suckler Welfare Scheme. Payment has already issued for twenty seven of the 2009 animals and twelve of the 2010 born animals. Errors were identified with the remaining animals and the applicant was advised in writing on 24 November that the animals were not eligible for payment.

One of the 2009 born animals has been since been approved for payment. A request for a review of the decision was received by my Department on 30 November 2011. However, as the errors established were not addressed in the correspondence received, the animals remain ineligible for payment. A letter issued to the person named on 5 December 2011 outlining the position and advising him of his right of appeal to the Agriculture Appeals Office.

Michael Healy-Rae

Ceist:

339 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding payments in respect of persons (details supplied) in County Kerry. [38992/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the persons named on the 16th May 2011. This application was selected for, and was the subject of a Ground Eligibility Inspection. The inspection was completed and the results have been processed and entered on the Department's system.

There are a number of issues arising from this application, which need to be clarified and resolved. My Department will continue to correspond with the parties involved with a view to seeking a satisfactory conclusion to the matter.

In addition, the registration details of Single Payment entitlements must correspond to the registration details of the herd-number. The herd-number was previously held by the first person named but was subsequently transferred into the joint names of both persons named as of 26 May 2010. As the Single Payment entitlements are currently held in the account of the first person named, my Department wrote to both persons named on 24 March 2011 advising of the need to transfer the Single Payment entitlements to the account of both persons named. A 2011 Transfer of Entitlements application was enclosed. However, my Department has not received any application for the transfer of the entitlements to date.

Health Services

Peadar Tóibín

Ceist:

340 Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs the expenditure, per capita on residential care for children and young persons for each of the 26 counties. [38481/11]

Peadar Tóibín

Ceist:

341 Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs the expenditure, per child, on residential care for children and young persons across the State. [38482/11]

I propose to take Questions Nos. 340 and 341 together.

As these are service matters, I have asked the Health Service Executive to respond directly to the Deputy with the most up-to-date information.

Child Care Services

Peadar Tóibín

Ceist:

342 Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs the financial support offered to projects directed at supporting those at risk of entering residential care to remain within the community. [38483/11]

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy with the most up-to-date information.

Pat Breen

Ceist:

343 Deputy Pat Breen asked the Minister for Children and Youth Affairs the position regarding an application in respect of a school (details supplied) in County Clare; and if she will make a statement on the matter. [38578/11]

The Early Childhood Care and Education (ECCE) programme, which is implemented by my Department, was introduced in January 2010 and provides a free preschool year to all eligible children in the year before commencing primary school. Almost every preschool service in the State is participating in the programme, ensuring it is available to children in all areas.

The ECCE programme introduced a requirement for preschool leaders in participating services to hold an early childhood qualification equivalent to a full FETAC Level 5 award. The delay in processing the application by the child care service referred to by the Deputy was due to the service's failure to forward evidence of the required qualification to the Childcare Directorate of my Department. I understand that this documentation has now been received and that the capitation payment for the first term of the free preschool year for the children enrolled in this service was processed on 25 October 2011.

Departmental Funding

Niall Collins

Ceist:

344 Deputy Niall Collins asked the Minister for Children and Youth Affairs if she will ensure that funding for a specific purpose is put in place on time to ensure that applicants who are successful in being offered specific placements (details supplied) can take up their training placements; and if her attention has been drawn to the lack of communication and co-ordination between the agencies concerned which is resulting in many successful applicants not being able to accept their placement. [38970/11]

Niall Collins

Ceist:

345 Deputy Niall Collins asked the Minister for Children and Youth Affairs if her attention has been drawn to the fact that there is a serious delay in having funding for a specific purpose (details supplied) put in place on time which is causing many applicants who are successful in being offered specific placements to take up their training placements; and if she will investigate this and the lack of communication and co-ordination between the agencies concerned which is resulting in many successful applicants not being able to accept their placement. [38971/11]

I propose to take Questions Nos. 344 and 345 together.

The Childcare Education and Training Support (CETS) programme was introduced in September last year and is implemented by my Department. The CETS programme provides free child care places to qualifying FÁS and Vocational Educational Committees (VECs) trainees and students.

Under the CETS programme, funding is provided by my Department to participating child care services in return for the provision of free child care places to qualifying students and trainees. The maximum weekly capitation fee payable under the programme is €170 for a full-time child care place with reduced amounts for parents availing of part-time or after-school care. The eligibility criteria under which students and trainees qualify under the programme is determined by FÁS and the VECs.

The CETS programme is funded on an annual basis and in the region of €23 million is allocated for 2011. This funding currently provides for some 2,800 full-time equivalent childcare places. This is the total provision under the programme and the places are allocated, when available, to students or trainees who are deemed to qualify by FÁS and the VECs.

The number of places allocated at present is at the limit provided for under the programme, as agreed with the Department of Finance in 2010, and it is not proposed to increase the number of places in the programme at this time. However, it is estimated that some 10% of CETS places will become available for re-allocation between now and the end of the month, and the local City and County Childcare Committees will assist my Department in matching these places with parents seeking them.

Grant Payments

Brendan Griffin

Ceist:

346 Deputy Brendan Griffin asked the Minister for Children and Youth Affairs the grants and amounts paid by her to community and voluntary groups in Galway city and county to date in 2011; and if she will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38335/11]

The information requested by the Deputy in relation to the grants and amounts currently paid by my Department to community and voluntary groups in Galway City and County under a range of Youth Work Programmes are set out in the following table:

Organisation(Funding for Programmes is channelled through City and County Galway VECs with the exception of Youth Work Ireland and Muintearas)

Grant Paid 2011

City of Galway VEC

Special Projects for Youth Scheme

Ballybane Project — Traveller Summer Break and Salthill Youth Programmes

25,288

Westside Youth Project

87,730

Ballinfoyle Youth Project

102,557

Ballybane Youth Project

68,080

Tagaste House Project

132,104

Galway Youth Theatre Project

53,253

Bohermore Youth Project

53,252

Mol an Oige Project

82,261

Le Chéile, Westside, Project

42,111

Rahoon Family Centre

44,440

Projects Development

58,119

Ballybane Social Project (Hillside)

14,234

Ballybane Traveller Project

100,718

Knocknacarra Youth Project

99,579

Sub-total

963,726

Youth Information Centre

City of Galway YIC

67,840

Sub-total

67,840

Young People’s Facilities and Services Fund (Round 1)

Bohermore Youth Programme

49,984

Ballybane Youth Programme

56,984

Circles & Peer Education (CAPE)

49,984

Le Cheile & Rahoon

47,988

Sub-total

204,940

Young People’s Facilities and Services Fund (Round 2)

Ballybane Adventure Programme

53,500

Rahoon Youth Project

53,500

Circles & Peer Education (CAPE)

53,500

Bohermore Teenage Project

27,000

Sub-total

187,500

Local Youth Club Grant Scheme

City of Galway VEC

26,802

Sub-total

26,802

Co. Galway VEC

Special Projects for Youth Scheme

Youth in Action Project, Connemara

33,617

Sub-total

33,617

Local Youth Club Grant Scheme

Co. Galway VEC

42,405

Sub -total

42,405

Youth Work Ireland

Special Projects for Youth Scheme

North Galway, Tuam Area Project

53,253

Galway Youth Federation East Galway Project

53,253

Loughrea Youth Project

47,364

Sub-total

153,870

Youth Information Centre

Ballinasloe YIC

58,230

Sub-total

58,230

Muintearas

Special Projects for Youth Scheme

Tionscnamh Óige Mhuintearais

66,124

Sub-total

66,124

Total 2011 Galway City and County

1,805,054

The Deputy might also note that there is a substantial number of community child care facilities in Galway City and County participating in the three Childcare Programmes which are administered and implemented by my Department. The Programmes relate to the Community Childcare Subvention Programme, the Early Childhood Care and Education Programme and the Community Education and Training Programme. The information requested in relation to grants paid to individual groups under these programmes is not readily available and I will arrange to have the material transmitted to the Deputy as soon as possible.

Particulars relating to the Chairperson, Secretary and Treasurer of each group and organisation in receipt of funds under the Youth Work and Childcare Programmes will also be furnished directly to the Deputy.

Departmental Staff

Alan Farrell

Ceist:

347 Deputy Alan Farrell asked the Minister for Children and Youth Affairs the increments made payable to public sector workers within her Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if she will make a statement on the matter. [38354/11]

As my Department was established in June 2011, details relating to incremental costs prior to 2011 are not held in my Department. Details of these costs would be held by the Departments from which staff transferred.

The total cost of increments during 2011 is approximately €36,000. This relates to staff who are employed in my Department and are still progressing along incremental salary scales. A large number of staff at my Department are already on the maximum point of their scale and therefore no longer receive increments.

As the granting of individual increments is subject to an end year satisfactory performance assessment under the Performance Management & Development System (PMDS) it is not possible to state with any degree of certainty the exact cost of increments during 2012. However, I would expect that it would be broadly similar to the costs arising in 2011.

Health Services

Paschal Donohoe

Ceist:

348 Deputy Paschal Donohoe asked the Minister for Children and Youth Affairs the plans in place for young adults who on turning age 18 years leave full-time care; if accommodation is being found for them; and if she will make a statement on the matter. [38391/11]

Section 45 of the Child Care Act 1991 places a statutory duty on the HSE to form a view in relation to each person leaving care as to whether there is a "need for assistance" and, if it forms such a view, to provide services in accordance with the legislation and subject to resources. All young people who have had a care history with the HSE, be it foster care, residential care or high support, are entitled to an aftercare service based on their assessed needs. The core eligible age range for aftercare is 18 years and up to 21 years. This can be extended until the completion of a course of education in which he/she is engaged up to the age of 23 years of age.

Aftercare provision incorporates advice, guidance and practical support. An individual holistic needs assessment identifies a young persons need for accommodation, financial support, social network support and training and education.

The HSE commissioned an independent external consultant to undertake a review of the capacity for alternative care services, including aftercare services. The audit date for the data was 13 March 2011. Based on this audit the HSE has informed me that a total of 1,051 young people were in receipt of aftercare nationally at March 2011. 700 of these young people received support with accommodation.

Departmental Expenditure

Michael McGrath

Ceist:

349 Deputy Michael McGrath asked the Minister for Children and Youth Affairs the estimated cost to her Department of a 2% increase in the standard rate of VAT; and if she will make a statement on the matter. [38458/11]

The estimated cost to my Department of a 2% increase in the standard rate of VAT is in the order of €130,000.

Inter-Country Adoptions

Shane Ross

Ceist:

350 Deputy Shane Ross asked the Minister for Children and Youth Affairs if she will set up a bilateral agreement with Ethiopia, building on the long relationship Ireland has with that country while recognising the 300 adoptive families directly affected by this issue; and if she will make a statement on the matter. [38492/11]

Kevin Humphreys

Ceist:

351 Deputy Kevin Humphreys asked the Minister for Children and Youth Affairs the reason she has decided to examine the possibility of a bilateral agreement for adoption with Russia, a non-signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption; the reason she will not do the same for Ethiopia in view of that decision; and if she will make a statement on the matter. [38793/11]

Michael McCarthy

Ceist:

354 Deputy Michael McCarthy asked the Minister for Children and Youth Affairs her plans to commence negotiations with the Irish Ethiopian Adoption Organisation on establishing a bilateral agreement between Ethiopia and Ireland as requested by the Adoption Authority; and if she will make a statement on the matter. [38823/11]

Terence Flanagan

Ceist:

356 Deputy Terence Flanagan asked the Minister for Children and Youth Affairs the position regarding inter-country adoptions; the measures she is taking to ensure adoptions can take place from Ethiopia (details supplied); and if she will make a statement on the matter. [38966/11]

I propose to take Questions Nos. 350, 351, 354 and 356 together.

Adoptions from Ethiopia, effected under the transitional arrangements provided for in the Adoption Act 2010, are ongoing and are currently being examined, and recognised, by the Adoption Authority of Ireland (AAI). These transitional arrangements may lead to adoptions from Ethiopia taking place up to the end of October 2013. Adoptions from Ethiopia which are not covered by the transitional arrangements referred to above require a bilateral agreement between Ireland and Ethiopia. The negotiation of bilateral agreements on inter-country adoption with states who have not ratified the Hague Convention is governed by Section 73 of the Adoption Act 2010 which states that "the Authority, with the prior consent of the Minister, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that State.”

Ethiopia, as it is not a signatory of the Hague Convention, is covered by Section 73 of the Adoption Act, 2010. The opening of negotiations on such a bilateral would require an analysis of

the current situation regarding adoptions in Ethiopia;

issues regarding the compatibility of the laws between the two countries and

the plans of that jurisdiction vis-à-vis the Hague Convention.

The AAI have indicated that certain issues could arise that would require detailed consideration, especially issues relating to the effect of Ethiopian adoptions in the context of the Adoption Act 2010. My Department is in contact with the AAI and the Irish Embassy in Ethiopia in order to assess possible next steps vis-à-vis that jurisdiction. However further action will have to have regard for the wider work programme of the AAI and agreed priorities.

As the Hague Convention is designed to ensure a minimum set of standards in inter-country adoption, the Adoption Authority of Ireland have indicated that their first priority is to reach agreements on arrangements with other Hague countries. The AAI have recently returned from the USA and now intend to develop an administrative arrangement with the USA for inter-country adoption. In the coming weeks the AAI intends to visit Mexico and Vietnam in the context of entering into administrative arrangements with both those jurisdictions, the latter being dependent on the entering into force of the Hague convention in Vietnam on 1 February 2012.

I am extremely conscious that the Authority have a full work programme in the terms of these countries as well as the important upcoming priority of our engagement with Vietnam. In addition, the Authority and my officials will be undertaking exploratory meetings with the Russian authorities in the coming weeks. A delegation is visiting Russia in the near future in relation to preliminary discussions around the potential for a bilateral on inter-country adoption. This is a follow up to previous discussions which took place earlier in the year, on the initiative of the Russian authorities. The assessment of non-Hague countries and the possibility of entering discussions on a bilateral is complex and resource intensive. I have to have regard to the resources available to the AAI and to my Department, and to the work priorities of both.

The Authority must also prioritise checks of legal compatibility with a wide range of jurisdictions in order to process applications for the recognition of the adoptions of children already adopted from abroad by Irish citizens. These are desktop reviews requiring legal advices but are urgently required to regulate the status of children already adopted.

Michael McCarthy

Ceist:

352 Deputy Michael McCarthy asked the Minister for Children and Youth Affairs the number of inter-country adoptions that have been granted to Irish couples since 1 November 2010 when the Adoption Act was enacted; and if she will make a statement on the matter. [38816/11]

Michael McCarthy

Ceist:

353 Deputy Michael McCarthy asked the Minister for Children and Youth Affairs the number of inter-country adoptions that were granted to Irish couples in 2008, 2009, 2010 and 2011 separately; the number of adoptions from corresponding states each year in tabular form; and if she will make a statement on the matter. [38821/11]

I propose to take Questions Nos. 352 and 353 together.

The Adoption Authority of Ireland (AAI) has informed me that the following represents the number of entries in the Register of Intercountry Adoptions between 1 November 2010 and 1 November 2011:

203 in respect of Irish residents with Declarations

108 in respect of non-resident applicants seeking to have their foreign adoption recognised.

The Adoption Authority of Ireland (AAI) has informed me that the Adoption Board, and subsequently the Adoption Authority, entered in the Register of Foreign Adoptions and latterly in the Register of Intercountry Adoptions, the following numbers of adoptions effected by Irish residents in possession of Declarations of Eligibility & Suitability to Adopt from Abroad:

Year

Number of Registrations

2008

397

2009

307

2010

201

2011

200 to 1/11/2011

The following table shows the sending countries for intercountry adoptions for the years 2008 to 2011 to date. Applications for an entry in the Register of Foreign Adoptions (known since 1/11/2010 as the Register of Intercountry Adoptions). Section 5 Adoption Act 1991 and Section 90 Adoption Act 2010 — Applicants habitually resident in Ireland:

Year

2011

2010

2009

2008

Russia

117

80

100

117

Ethiopia

45

75

21

26

Vietnam

10

136

182

Mexico

7

10

16

22

China

7

9

10

19

Colombia

1

1

USA

7

7

4

4

Cambodia

3

Thailand

1

2

6

11

Ukraine

1

2

2

9

Colombia

0

1

Kazakhstan

6

1

7

4

Taiwan

4

1

2

Peru

1

Uzbekistan

1

Romania

1

South Africa

1

1

Belarus

Philippines

1

Total

197

201

307

397

Question No. 354 answered with Question No. 350.

Foster Care

Maureen O'Sullivan

Ceist:

355 Deputy Maureen O’Sullivan asked the Minister for Children and Youth Affairs if she is satisfied there are adequate resources to implement the recommendations in the reports on Health Service Executive fostering services for the HSE Dublin north central area to ensure the children in foster care are receiving the best protection. [38867/11]

Responsibility for the allocation of resources rests with the Health Service Executive (HSE). Accordingly, I have forwarded your query to the HSE for direct reply.

Question No. 356 answered with Question No. 350.

National Drugs Strategy

Jonathan O'Brien

Ceist:

357 Deputy Jonathan O’Brien asked the Minister for Health if he will commission a review of the effectiveness of current drug policy. [38400/11]

The National Drugs Strategy 2009-2016 sets out Government policy in dealing with the drugs problem under five pillars of Supply Reduction, Prevention, Treatment, Rehabilitation and Research.

Significant progress has been made towards implementing the Actions of the Strategy and I intend to build on this progress. The Gardaí and Revenue's Customs Service have had considerable success in regard to drug seizures, and they continue to co-ordinate their efforts and to liaise effectively with the colleagues in other jurisdictions. Prevention measures are in place, focusing on those most at risk, as well as on the general population. In regard to treatment and rehabilitation, there have been major advances in the provision of needle exchange services, opiate substitution treatment and detox facilities and I continue to be particularly focused on ensuring that there is an increased emphasis on moving people on from drug treatment to a drug-free life where that is achievable. Meanwhile, the recently launched Drug Prevalence Survey 2010/2011 indicates that figures for drug use in the past year has remained stable since the previous survey in 2006/2007.

While steps are being taken towards the development of a National Substance Misuse Strategy, incorporating alcohol and drugs, I am satisfied that implementation of the current National Drugs Strategy is the appropriate approach towards dealing with the drugs problem and I am determined to achieve significant and sustained progress in that regard.

Medical Cards

Michael McCarthy

Ceist:

358 Deputy Michael McCarthy asked the Minister for Health when a decision will issue on an application for a medical card in respect of a person (details supplied) in County Cork; the reason for the delay in processing the application to date; and if he will make a statement on the matter. [38848/11]

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

Jack Wall

Ceist:

359 Deputy Jack Wall asked the Minister for Health the position regarding an application for renewal of a medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38274/11]

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

Jack Wall

Ceist:

360 Deputy Jack Wall asked the Minister for Health the position regarding the renewal of a medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38275/11]

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

Long-Term Illness Scheme

Maureen O'Sullivan

Ceist:

361 Deputy Maureen O’Sullivan asked the Minister for Health in view of the fact that the list of long-term illnesses has not been reviewed since the 1970s, if he will consider a review in the near future; and if he will make a statement on the matter. [38277/11]

There are no plans to extend the list of conditions covered by the Long Term Illness Scheme.

The Long Term Illness Scheme pre-dates the Drug Payment Scheme. Under that Scheme no individual or family pays more than €120 per calendar month towards the cost of approved prescribed medicines. The scheme significantly reduces the cost burden for families and individuals who incur expenditure on medicines. In addition, people who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may be able to avail of a GP visit card, which covers the cost of general practice consultations.

Medical Cards

Paudie Coffey

Ceist:

362 Deputy Paudie Coffey asked the Minister for Health when a medical card will be issued in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [38279/11]

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

Jack Wall

Ceist:

363 Deputy Jack Wall asked the Minister for Health the position regarding the renewal of a medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38280/11]

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

Hospital Services

Charlie McConalogue

Ceist:

364 Deputy Charlie McConalogue asked the Minister for Health the number of long-term care patients in a hospital (details supplied); the reduction in the number of beds during the past 12 months; and if he will make a statement on the matter. [38281/11]

Charlie McConalogue

Ceist:

379 Deputy Charlie McConalogue asked the Minister for Health the current staffing levels at a hospital (details supplied) in County Donegal, that is, persons in charge, nurses, care staff, catering staff, cleaning and laundry, administrative staff and other staff; the change in staffing numbers if any over the past 12 months; and if he will make a statement on the matter. [38348/11]

I propose to take Questions Nos. 364 and 379 together.

As these are service matters they have been referred to the Health Service Executive for direct reply.

Charlie McConalogue

Ceist:

365 Deputy Charlie McConalogue asked the Minister for Health the number of long-term care patients in a hospital (details supplied); the reduction in the number of beds during the past 12 months; and if he will make a statement on the matter. [38282/11]

Charlie McConalogue

Ceist:

368 Deputy Charlie McConalogue asked the Minister for Health the current staffing levels of a hospital (details supplied) that is, the persons in charge, nurses, care staff, catering staff, cleaning and laundry staff, administrative staff and other staff; the change in staffing numbers if any over the past 12 months; and if he will make a statement on the matter. [38285/11]

I propose to take Questions Nos. 365 and 368 together.

As these are service matters they have been referred to the Health Service Executive for direct reply.

Charlie McConalogue

Ceist:

366 Deputy Charlie McConalogue asked the Minister for Health the current staffing levels of a hospital (details supplied) that is, persons in charge, nurses, care staff, catering staff, cleaning and laundry staff, administrative staff and other staff; the change in staffing numbers, if any, over the past 12 months; and if he will make a statement on the matter. [38283/11]

Charlie McConalogue

Ceist:

367 Deputy Charlie McConalogue asked the Minister for Health the number of long-term care patients in a hospital (details supplied); the reduction in the number of beds during the past 12 months; and if he will make a statement on the matter. [38284/11]

Charlie McConalogue

Ceist:

397 Deputy Charlie McConalogue asked the Minister for Health the number of beds currently operational in Carndonagh Community Hospital, County Donegal; the reason any beds other than the 39 beds in operation in the hospital until recently have been closed; and if he will make a statement on the matter. [38532/11]

Charlie McConalogue

Ceist:

398 Deputy Charlie McConalogue asked the Minister for Health the number of staff who retired from Carndonagh Community Hospital, County Donegal in the past two years; the roles from which they have retired; if he will provide details of which if any of these staff have been replaced by new staff; and if he will make a statement on the matter. [38533/11]

Charlie McConalogue

Ceist:

399 Deputy Charlie McConalogue asked the Minister for Health the total number of staff employed in Carndonagh Community Hospital, County Donegal; if he will provide a breakdown of the staff by role; and if he will make a statement on the matter. [38534/11]

Charlie McConalogue

Ceist:

400 Deputy Charlie McConalogue asked the Minister for Health the number of staff in Carndonagh Community Hospital, County Donegal who are due to retire between now and the end of March 2011; and if he will make a statement on the matter. [38535/11]

Charlie McConalogue

Ceist:

401 Deputy Charlie McConalogue asked the Minister for Health his long-term plans for Carndonagh Community Hospital, County Donegal; and if he will make a statement on the matter. [38536/11]

Charlie McConalogue

Ceist:

402 Deputy Charlie McConalogue asked the Minister for Health the reason there are only 12 patients in the Ard Aoibhinn Alzheimer’s unit in Carndonagh, County Donegal, which was purpose built for 16 patients; and if he will make a statement on the matter. [38537/11]

Charlie McConalogue

Ceist:

403 Deputy Charlie McConalogue asked the Minister for Health the number of staff required to operate the Ard Aoibhinn Alzheimer’s unit in Carndonagh, County Donegal at full capacity; the number of staff currently in place; and if he will make a statement on the matter. [38538/11]

Charlie McConalogue

Ceist:

404 Deputy Charlie McConalogue asked the Minister for Health if an assessment has been carried out of the cost of complying with the recent Health Information and Quality Authority report at Carndonagh Community Hospital, County Donegal; the resources that have been made available to ensure these requirements are met; and if he will make a statement on the matter. [38539/11]

Charlie McConalogue

Ceist:

405 Deputy Charlie McConalogue asked the Minister for Health the current policy regarding use of the two designated hospice beds at Carndonagh Community Hospital, County Donegal and the admission policy of same; and if he will make a statement on the matter. [38540/11]

Charlie McConalogue

Ceist:

406 Deputy Charlie McConalogue asked the Minister for Health the current budgetary cost of operating Carndonagh Community Hospital, County Donegal annually and the details of any reductions in this budget over the past three years; and if he will make a statement on the matter. [38541/11]

Charlie McConalogue

Ceist:

407 Deputy Charlie McConalogue asked the Minister for Health the number of admissions to Carndonagh Community Hospital, County Donegal, in each of the past five years; and if he will make a statement on the matter. [38542/11]

I propose to take Questions Nos. 366, 367 and 397 to 407, inclusive, together.

As these are service matters they have been referred to the Health Service Executive for direct reply.

Question No. 368 answered with Question No. 365.

Hospital Waiting Lists

Terence Flanagan

Ceist:

369 Deputy Terence Flanagan asked the Minister for Health his views on a matter (details supplied) regarding appointment delays; and if he will make a statement on the matter. [38291/11]

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. In relation to out patient appointments, long waiting times to see consultants and to access diagnostic services are a barrier to an efficient health service. In accordance with the HSE Service Plan for 2011 the Executive has undertaken an OPD Data Quality Programme in 2011 to help address deficiencies and to improve data quality in respect of both demand and access to OPD services to enable better management of OPD. During 2012 the SDU will focus its resources on this issue. It is envisaged that by the end of 2012 efficient collection of outpatient data will facilitate the implementation of a transparent and responsive out patient appointments system.

Hospital Services

Charlie McConalogue

Ceist:

370 Deputy Charlie McConalogue asked the Minister for Health the average number of patients from County Donegal who travel to Dublin hospitals or to clinics each month to receive regular treatments; and if he will make a statement on the matter. [38297/11]

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

Cancer Incidence

Charlie McConalogue

Ceist:

371 Deputy Charlie McConalogue asked the Minister for Health the number of cancer patients attending Dublin hospitals for treatments on a monthly basis; and if he will make a statement on the matter. [38298/11]

The Deputy's question relates to service delivery matters and accordingly I have asked the HSE to respond directly to him.

Medical Cards

Jack Wall

Ceist:

372 Deputy Jack Wall asked the Minister for Health the position regarding an appeal against the decision not to grant a full medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38306/11]

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

Ambulance Service

Mattie McGrath

Ceist:

373 Deputy Mattie McGrath asked the Minister for Health the cost to him of hiring a private ambulance to transport a patient from South Tipperary General Hospital to Waterford General Hospital for a day procedure; the reason it would be necessary to use a private ambulance; his views that this is not a good use of resources; and if he will make a statement on the matter. [38318/11]

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

Medical Cards

Mattie McGrath

Ceist:

374 Deputy Mattie McGrath asked the Minister for Health the reason a medical card has expired when the person (details supplied) in County Tipperary has submitted a renewal application form; when the application will be finalised; if the current medical card will be extended until a decision has been made on the application as is current policy; and if he will make a statement on the matter. [38321/11]

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

Community Care

Charlie McConalogue

Ceist:

375 Deputy Charlie McConalogue asked the Minister for Health the current staffing levels of a nursing unit (details supplied) in County Donegal, that is persons in charge, nurses, care staff, catering staff, cleaning and laundry staff, administrative staff and other staff; the changes in staffing numbers, if any, over the past 12 months; and if he will make a statement on the matter. [38329/11]

Charlie McConalogue

Ceist:

376 Deputy Charlie McConalogue asked the Minister for Health the number of long-term care patients in a nursing unit (details supplied) in County Donegal; the reduction in the number of beds during the past 12 months; and if he will make a statement on the matter. [38330/11]

I propose to take Questions Nos. 375 and 376 together.

As these are service matters they have been referred to the Health Service Executive for direct reply.

Medical Cards

Brendan Griffin

Ceist:

377 Deputy Brendan Griffin asked the Minister for Health his views on matter regarding replacement lenses (details supplied); and if he will make a statement on the matter. [38332/11]

Unfortunately it is not possible to provide a substantive reply to the Deputy's question at this time. The HSE is examining the implications of the proposal and I will contact the Deputy, in the near future, when this examination has been completed.

I would point out, however, that optometric services for medical card holders are normally available only once every two years which is the accepted usual interval between eye examinations.

Grant Payments

Brendan Griffin

Ceist:

378 Deputy Brendan Griffin asked the Minister for Health the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that was a beneficiary of same. [38341/11]

My Department has a National Lottery discretionary fund in place which provides once-off grants to community groups and organisations providing a range of health related services. The assessment of applications is made on the basis that these grants are intended to be discretionary ‘once off' funding and are not intended to fund ongoing services. Once an application has been received and registered, my Department consults with the Health Service Executive and assesses the merits of the application and the impact the service provider in question has on local and national health services. The Government's tax clearance procedures apply to all grants allocated. These procedures mean that groups must certify that their tax affairs are in order. If an organisation has been granted Charitable Tax Exemption from the Revenue Commissioners, their CHY number must accompany the application. Organisations are made aware of the terms of approval regarding certification and must furnish a certified invoice or an audited statement of accounts which clearly shows where the grant was spent. It is also a condition of the grant that certification of expenditure should be submitted to the Department as soon as possible after the end of the financial year or when the project is completed (whichever is earlier).

In relation to grants paid by me to community groups and voluntary organisations in Galway City and County to date in 2011, the information requested by the Deputy is set out in the table below.

National Lottery Grants Galway — 2011

Organisation

Address

Amount Paid

Position of Applicant in organisation

Williams Syndrome Association of Ireland

13 Kilgarve Park, Ballinasloe, Co Galway.

€5,000

Committee Member and Founder

Mid West Garda Special Needs Support Association

Ballymara, Milltown, Co Galway

€30,000

Chairman

Question No. 379 answered with Question No. 364.

Departmental Staff

Alan Farrell

Ceist:

380 Deputy Alan Farrell asked the Minister for Health the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38361/11]

The information requested by the Deputy is set out in the following table:

Department

Year

No. Increments

€000

Health and Children

2010

215

156

Health

2011

128

82

Health

2012

130

111

Vaccination Programme

Denis Naughten

Ceist:

381 Deputy Denis Naughten asked the Minister for Health the position regarding the establishment of a compensation fund for the parents of vaccine damaged children; when a decision will be made on the implementation of the recommendations of the report; and if he will make a statement on the matter. [38398/11]

My Department is currently examining the recommendations of the Vaccine Damage Steering Group. The report raises many complex issues that require further consideration and I expect to have an assessment of these in the near future.

Hospital Services

Patrick Deering

Ceist:

382 Deputy Pat Deering asked the Minister for Health further to Parliamentary Question No. 511 of 11 October 2011, when an operation will be carried out on a person (details supplied) in County Carlow and if he will expedite a response. [38411/11]

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.

Accident and Emergency Services

Mattie McGrath

Ceist:

383 Deputy Mattie McGrath asked the Minister for Health the reason a person (details supplied) in County Tipperary was charged €100 when she attended the accident and emergency unit having been referred by a nurse; the reason she was told she would have to attend her general practitioner prior to attending the accident and emergency unit to avoid paying €100; the reason she would have had to attend a general practitioner when she had seen a nurse who informed her that her life was in danger and that she needed to go immediately to the accident and emergency unit; and if he will make a statement on the matter. [38419/11]

The current statutory out-patient charge i.e. the A&E charge, is provided for by the Health (Out-Patient Charges) Regulations 1994 (as amended). The A&E charge is currently €100 per visit subject to exemptions set out in these regulations, including medical card holders and those who have a letter of referral from a registered medical practitioner. As nurses are not registered medical practitioners, a letter of referral from a nurse does not entitle the holder to an exemption from the A&E charge.

Health Services

Maureen O'Sullivan

Ceist:

384 Deputy Maureen O’Sullivan asked the Minister for Health the position regarding long-term care in respect of a person (details supplied) in Dublin 9. [38424/11]

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

Medical Cards

Joanna Tuffy

Ceist:

385 Deputy Joanna Tuffy asked the Minister for Health the reason a person suffering from diabetes and who was previously the holder of a long-term illness card and is now the holder of a medical card is required to pay the 50 cent prescriptions charge for the same items that were available to them free on the long-term illness card; if he will address this anomaly; and if he will make a statement on the matter. [38444/11]

Prescription charges do not apply to items supplied to patients under the Long Term Illness Scheme. Under the Long Term Illness Scheme, the HSE provides patients with medicines and appliances for the treatment of their disease or disability. It does not cover the cost of GP visits.

Medical card holders are required to pay a 50c charge for medicines and other prescription items supplied to them by community pharmacists, subject to a cap of €10 per month for each person or family. Medical card holders do not have to pay for GP visits.

Hospitals Building Programme

Denis Naughten

Ceist:

386 Deputy Denis Naughten asked the Minister for Health if he will confirm the provision in the 2012 capital programme for Roscommon County Hospital; and if he will make a statement on the matter. [38454/11]

The Health Service Executive's Capital Plan 2011-2015, published on its website, provides details on the endoscopy suite and upgrade to the HSSD facilities at Roscommon County Hospital. It is estimated that the project will be completed in 2012.

Following the publication of the ‘Infrastructure and Capital Investment 2012-2016: Medium Term Exchequer Framework', the Health Service Executive will commence drawing up its capital programme for the multi-annual period 2012-2016. The Executive is required to prioritise the capital infrastructure projects within its overall capital funding allocation taking into account the existing capital commitments and costs to completion over the period. The proposed plan requires my approval with the consent of the Minister for Public Expenditure and Reform.

Departmental Expenditure

Michael McGrath

Ceist:

387 Deputy Michael McGrath asked the Minister for Health the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38465/11]

The estimated cost to my Department of a 2% increase in the standard rate of VAT is of the order of €80,000 to €100,000.

Peadar Tóibín

Ceist:

388 Deputy Peadar Tóibín asked the Minister for Health the spend per capita on primary care and acute care for each of the 26 counties. [38479/11]

Peadar Tóibín

Ceist:

389 Deputy Peadar Tóibín asked the Minister for Health the spend per capita on residential care for senior citizens for each of the 26 counties. [38480/11]

I propose to take Questions Nos. 388 and 389 together.

The Health Service Executive does not compile budget and expenditure data by county. The management of the health services falls within four regional directorates, Dublin Mid Leinster, Dublin North East, the South and the West.

I have been advised by the Executive that the total Regional HSE Net Expenditure (Budget) for the years 2009, 2010 and 2011 (as per end of quarter 3) is as follows:

Table 1: HSE Net Expenditure (Budget) by Regional Area 2009-2011 (€000s)

2009

2010

2011

Decrease

% dec.

DML:

3,025,270

2,906,354

2,712,641

312,629

10%

Hospital

1,472,173

1,449,461

1,313,582

158,591

11%

Community

1,553,097

1,456,892

1,399,059

154,038

10%

DNE:

2,255,236

2,027,935

1,925,298

329,938

15%

Hospital

1,072,847

920,975

858,911

213,936

20%

Community

1,182,389

1,106,960

1,066,387

116,002

10%

South:

2,192,397

2,012,009

1,898,076

294,321

13%

Hospital

918,449

829,489

765,086

153,363

17%

Community

1,273,948

1,182,520

1,132,990

140,958

11%

West:

2,309,785

2,094,360

1,990,376

319,409

14%

Hospital

959,039

861,368

804,053

154,986

16%

Community

1,350,746

1,232,992

1,186,323

164,423

12%

Total:

9,782,688

9,040,658

8,526,391

1,256,297

13%

Table 2: HSE Expenditure (approved allocation) for Older Persons Care Group €000s

2009

2010

2011

Older Persons

1,247,370

1,039,750

952,461

Using 2011 Preliminary Census data available from the Central Statistics Office to estimate the per capita current expenditure, the population of the HSE regions are estimated as:

HSE Regions

Estimated Population

Dublin Mid Leinster Region

1,319,754

Dublin North East Region

1,019,658

South Region

1,160,481

West Region

1,081,376

Total

4,581,269

Using these data, the per capita estimates can be derived:

Table 3: HSE Per Capita Net Expenditure (Budget) 2009-2011 (€)

2009

2010

2011

DML:

2,292

2,202

2,055

Hospital

1,115

1,098

995

Community

1,177

1,104

1,060

DNE:

2,212

1,989

1,888

Hospital

1,052

903

842

Community

1,160

1,086

1,046

South:

1,889

1,734

1,636

Hospital

791

715

659

Community

1,098

1,019

976

West:

2,136

1,937

1,841

Hospital

887

797

744

Community

1,249

1,140

1,097

Average

2,135

1,973

1,861

It is important to note that the per capita allocations set out above provide detail of the geographical location of budgets and do not take account of patients crossing HSE regions in receipt of services. The HSE further advises me that some national services are excluded from the Regional Area Budgets, such as the Primary Care Reimbursement Service, National Services, Corporate Services, Pensions and residential care for senior citizens.

Nursing Homes Support Scheme

Billy Kelleher

Ceist:

390 Deputy Billy Kelleher asked the Minister for Health the number of patients waiting for approval for the fair deal scheme; the number who have been approved to date in 2011; when the backlog of claims will be processed; and if he will make a statement on the matter. [38488/11]

The HSE received 7,704 applications for the Nursing Homes Support Scheme between January and end-October 2011. In the same period, 9,153 applications (some of which would have been received in 2010) were processed to conclusion. There were just over 3,000 applications in progress at end-October. However, it should be noted that a significant volume of applications are submitted without the necessary supporting documentation. This can create delays which are outside of the HSE's control.

At end-October, there were 21,479 people in receipt of financial support towards the cost of long-term residential care. This includes people in public and contract beds, people in receipt of subvention and people in receipt of financial support under the Nursing Homes Support Scheme. A further 862 people had been allocated funding under the Nursing Homes Support Scheme but were not yet in payment. There were approximately 500 people on the placement list awaiting funding.

Departmental Funding

Terence Flanagan

Ceist:

391 Deputy Terence Flanagan asked the Minister for Health not to cut funding for an organisation (details supplied) and for those with intellectual disabilities in budget 2012; and if he will make a statement on the matter. [38490/11]

The Health Service Executive has advised me that expenditure on health services for people with a disability in 2011 will be approximately €1.5 billion. Special consideration was given to disability and mental health in Budget 2011 through a maximum reduction of just 1.8% in the allocation for the two sectors. The relatively lower reduction of 1.8%, compared to other areas of the health budget that saw reductions of up to 5%, recognises that these services are provided to vulnerable groups and should help to ensure that existing services are maintained and that priority is given to the delivery of front-line services.

I recognise and appreciate the valuable contribution that St. Michael's House makes to the provision of services to individuals with intellectual disabilities in Dublin and Navan through a range of community-based day, respite, and residential services on behalf of the Health Service Executive. The HSE has advised that St. Michael's House will receive approximately €72 million in funding from them in 2011. Taking the reduction in the overall HSE disability budget for 2011 into account, the HSE was asked to manage the additional resources and engage with service providers including St. Michael's House, to ensure that existing support needs, and demands for additional places and supports, are managed effectively within the overall allocation.

Budget 2012

I am acutely aware of the challenges facing the disability services as a result of reduced resources in 2012. The Minister for Public Expenditure and Reform announced that an efficiency saving of 2% is being applied to the budget for disability services in 2012. Services will also have to make provision for savings in employment and procurement costs which are required of the health services as a whole next year. The precise levels of savings required will vary depending on the profile of individual service providers and will be determined within the context of the HSE’s service planning process. Services will also have to meet anticipated extra demand from within their budgets in 2012.

Value for Money & Policy Review of Disability Services

A major priority for the Government in the coming months will be to finalise the current Value for Money and Policy Review of Disability Services to ensure that existing funding for people with disabilities is spent to best effect. It is now more important than ever that large scale spending programmes of this nature are subject to detailed periodic review. The VFM Efficiency and Effectiveness Review will make recommendations that will ensure that the very substantial funding of €1.5 billion provided to the specialist disability health sector is used to maximum benefit for persons with disability, having regard to overall resource constraints which affect all sectors at this time.

Departmental Expenditure

Billy Kelleher

Ceist:

392 Deputy Billy Kelleher asked the Minister for Health if he will provide the average cost of care in each public sector nursing home and the total cost to the State of care in each public sector nursing homes in tabular form; and if he will make a statement on the matter. [38502/11]

Billy Kelleher

Ceist:

393 Deputy Billy Kelleher asked the Minister for Health if he will provide the average cost of care in each private sector nursing home, including State subventions and the total cost to the State of care in each private sector nursing home including State subventions in tabular form; and if he will make a statement on the matter. [38503/11]

I propose to take Questions Nos. 392 and 393 together.

The cost of care in both public and private nursing homes is published on the HSE's website at: http://www.hse.ie/eng/services/Find_a_Service/Older_People_Services/nhss/costs.html. The cost of care in public nursing homes is currently being reviewed.

The cost to the State of care in each public and private nursing home is a service matter. As such, the Deputy's questions have been referred to the Health Service Executive for direct reply.

Health Services

Joan Collins

Ceist:

394 Deputy Joan Collins asked the Minister for Health with reference to the statement (details supplied) regarding the Health Service Executive’s decision to close a nursing home, if he will confirm if the HSE’s estimate of €3 million for essential works to make the home compliant with national quality standards includes any additional measures, not agreed in the Health Information and Quality Authority action plan dated the 8 February 2010; and if his attention has been drawn to the fact that the residents of the home are primarily highly dependent and possibly unsuitable for the accommodation provided by another unit (details further supplied) which is comprised mainly of single rooms which are not suitable for the 24-hour high-support nursing care that the residents require. [38504/11]

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

Medical Cards

Bernard J. Durkan

Ceist:

395 Deputy Bernard J. Durkan asked the Minister for Health the current or expected position in respect of an application for a medical card in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [38519/11]

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:

396 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. [38523/11]

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

Questions Nos. 397 to 407, inclusive, answered with Question No. 366.

Nursing Homes Support Scheme

Ciaran Lynch

Ceist:

408 Deputy Ciarán Lynch asked the Minister for Health when an application under the fair deal scheme will be completed in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38551/11]

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

Departmental Funding

Aodhán Ó Ríordáin

Ceist:

409 Deputy Aodhán Ó Ríordáin asked the Minister for Health if he will provide an update in respect of an organisation’s application for funding (details supplied); and if he will make a statement on the matter. [38576/11]

My Department has received an application for funding from the 2011 National Lottery allocation from the organisation in question. This is one of a large number currently being assessed by my Department. The Deputy will be informed of the outcome of the application as soon as a decision has been made.

Health Services

Mattie McGrath

Ceist:

410 Deputy Mattie McGrath asked the Minister for Health his views on the fact that a stroke victim in south County Tipperary has had a number of speech therapy appointments cancelled or their therapist has failed to turn up which has been highly distressing to both the patient and their family; his further views on the fact that three speech therapists in south Tipperary have not been replaced and the fact that the one remaining speech therapist has informed patients that they are taking leave in January; when these speech therapists will be replaced to ensure that stroke and other patients can receive the urgent treatment they need; the current position of same; and if he will make a statement on the matter. [38595/11]

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

Proposed Legislation

Simon Harris

Ceist:

411 Deputy Simon Harris asked the Minister for Health the legislation currently governing the prices charged by dentists; if he intends to introduce new legislation in this area; and if he will make a statement on the matter. [38596/11]

Consultation fees charged to private patients by dentists are a matter of private contract between the clinicians and the patients. While I have no role in relation to such fees, I would expect dentists to have regard to the overall economic situation in setting their fees. The Dental Council's Code of Practice published in April 2011 requires dentists to display private fees in a place where patients can view them before consultation.

Hospital Waiting Lists

Bernard J. Durkan

Ceist:

412 Deputy Bernard J. Durkan asked the Minister for Health if and when a hospital appointment can be made to facilitate a hip replacement in Tallaght Hospital, Dublin in the case of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [38600/11]

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.

Hospital Accommodation

Pádraig Mac Lochlainn

Ceist:

413 Deputy Pádraig Mac Lochlainn asked the Minister for Health the number of beds planned for parents in the proposed new national children’s hospital at the Mater Hospital site in Dublin; and whether the number planned will be adequate to accommodate all those parents in view of the fact that they will have had to travel a long distance and therefore will have no choice but to stay in the hospital, and whose children are in an inpatient ward for the long term and whose children are in intensive care. [38612/11]

Pádraig Mac Lochlainn

Ceist:

414 Deputy Pádraig Mac Lochlainn asked the Minister for Health the way he will ensure that parents of children receiving tertiary care at the proposed National Children’s Hospital are not charged Dublin city accommodation rates, when the EACH clearly states that parents should not need to incur additional costs or suffer loss of income — No additional costs shall arise for parents when staying with their child. They should be entitled to free overnight stay and free or subsidised food. [38613/11]

I propose to take Questions Nos. 413 and 414 together.

I am committed to the provision of a world class tertiary hospital for the children of Ireland delivering the highest possible quality of care with the best possible standards of accommodation. The in-patient accommodation proposed for sick children of the New Children's Hospital will meet all current standards. Each child will have a single en-suite bedroom, with space in the room for a parent to stay overnight with their child. This arrangement will support efficient bed management, as well as facilitating families from around the country as they care for their children, while ensuring appropriate standards of privacy and dignity. Parents will not be charged for staying with their child in this way.

In addition, separate accommodation is to be provided for parents of children who are being treated in the intensive care or high dependency units, where, for clinical, infection control and space reasons it would not be appropriate to provide beds for a parent to sleep in overnight. Such spaces will be furnished with "recliners" so that parents can stay close to their child during this intensive phase of treatment. In addition, a separate suite of rooms is to be provided close to the intensive care unit to support these parents.

Discussions are ongoing between the National Paediatric Hospital Development Board and the Ronald McDonald charity with a view to providing hostel accommodation adjacent to the hospital for parents and families of sick children, particularly those who are far from home or who have to spend long periods in hospital.

Medical Cards

Noel Harrington

Ceist:

415 Deputy Noel Harrington asked the Minister for Health if he will review an application for a medical card on medical needs in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38617/11]

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

Medicinal Products

Finian McGrath

Ceist:

416 Deputy Finian McGrath asked the Minister for Health the position regarding the use of the drug Pradaxa in respect of a person (details supplied). [38651/11]

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

Care of the Elderly

Brendan Smith

Ceist:

417 Deputy Brendan Smith asked the Minister for Health if he will give an assurance that there will be no reduction in the level of services at St. Mary’s nursing unit for the elderly, Castleblayney, County Monaghan; and if he will make a statement on the matter. [38709/11]

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

From a national perspective I would like to advise the Deputy that the Department is currently reviewing the provision of public residential care in the light of the need to meet national standards and regulations, local demographic pressures and public and private provision. The review will serve as a platform for discussion and will inform the development of an overall strategy on how the HSE should continue to provide this service in future in view of current budgetary and other pressures. The review must also be seen in the light of the wider health reform programme to which the Government is committed, and the position of social care services in a future health service.

Nursing Homes Support Scheme

John Browne

Ceist:

418 Deputy John Browne asked the Minister for Health if he will arrange to have an application for the fair deal scheme approved in respect of a person (details supplied) in County Kerry. [38726/11]

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

Departmental Properties

Caoimhghín Ó Caoláin

Ceist:

419 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will provide a list of all the lands and buildings of former psychiatric institutions which are identified for sale by the Health Service Executive; if he will further detail those which have been sold to date; the proceeds raised from these sales; the amount of those proceeds allocated for mental health care; and if he will make a statement on the matter. [38728/11]

Estate management of the Health Service Executive property portfolio is a service matter. Therefore your question has been referred to the Executive for direct reply.

Hospital Staff

Simon Harris

Ceist:

420 Deputy Simon Harris asked the Minister for Health the reason employment criteria for a position (details supplied) within the Health Service Executive have been altered to require candidates who have completed a private emergency medical technician course at a cost of approximately €2,500 to be eligible to be called to interview unlike previous years; and if he will make a statement on the matter. [38731/11]

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

Health Services

Michael McCarthy

Ceist:

421 Deputy Michael McCarthy asked the Minister for Health further to Parliamentary Question No. 661 of 22 November 2011, when a response will be forthcoming from the Health Service Executive; and if he will make a statement on the matter. [38735/11]

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

Medical Cards

Ann Phelan

Ceist:

422 Deputy Ann Phelan asked the Minister for Health if his attention has been drawn to the delays arising in the centralised system of processing medical cards and medical card appeals; if he will set an urgent screening mechanism to process urgent cases; and if he will make a statement on the matter. [38738/11]

I have asked the Health Service Executive for a report on the issue raised by the Deputy. I will revert to the Deputy on the matter as soon as possible.

Vaccination Programme

Billy Kelleher

Ceist:

423 Deputy Billy Kelleher asked the Minister for Health if he intends to make it mandatory for health professionals to provide parents with a manufacturer’s patient information leaflet prior to parents giving consent for any vaccine programme for children being run by the State; and if he will make a statement on the matter. [38762/11]

Consent must always be obtained before immunisation. The person providing consent should be offered as much information as they reasonably need to make their decision. Guidelines indicate that the individual should be provided with the following information in order to give informed consent:

the nature of the treatment — what vaccines will be administered and against which disease they provide protection

what are the benefits and risks of immunisation and the risks of disease(s)

what are the possible side effects of immunisation, when might they occur and how should they be treated

alternatives to vaccination.

Hospital Acquired Infections

Caoimhghín Ó Caoláin

Ceist:

424 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will take action to provide Health Amendment Act cards to the small group of women who, having received contaminated anti-D on the birth of their children, have developed health issues consistent with those testing positive for Hepatitis C, but who are themselves testing negative; and if he will make a statement on the matter. [38763/11]

Under the Health Amendment Act (No. 15 of 1996) the Health Amendment Act (HAA) Card is given to men, women and children who contracted Hepatitis C from the administration within the State of blood or blood products. The HAA Card gives entitlements to additional health and social services, on more flexible terms and conditions than the medical card. The HAA Card and the entitlements under it are for the lifetime of the cardholder.

The entitlement of an individual to a Health Amendment (HAA) Card and services under the Health (Amendment) Act, 1996 rests with the Chief Executive Officer of the Health Service Executive. The Chief Executive Officer is bound by the definition of eligibility in the Hepatitis C Compensation Tribunal (Amendment) Act 2006, which requires a positive diagnostic test for applications received by the Tribunal after the specified date of 20 June, 2006.

In respect of persons who made an application before that date, the Chief Executive Officer is still obliged to satisfy himself that the applicant was infected with Hepatitis C. In that regard, the Chief Executive also takes account of any relevant decision of the Hepatitis C and HIV Compensation Tribunal, on the basis that the Tribunal arrives at its decisions after careful consideration of available evidence and expert testimony.

A great deal of consideration has been given to the issue of women who have neither tested positive for Hepatitis C, nor had a positive Tribunal decision in their favour. While a number of these women who have tested negative for Hepatitis C have had, and may continue to have, a variety of symptoms, there is no scientific proof that the symptoms are specific evidence of Hepatitis C infection. Some symptoms of Hepatitis C, such as fatigue, fibromyalgia and depression, are common conditions that occur in the general population. It is estimated that up to 16,000 women were exposed to potentially infectious batches of Anti-D and approximately 1,000 of these women were infected with Hepatitis C. Taking account of international practice and the rationale which led to the clarification of the Hepatitis C Compensation Tribunal eligibility requirements in 2006, while I am sympathetic to the women in question, I am satisfied that the present arrangements are fair and reasonable.

Eating Disorders

Olivia Mitchell

Ceist:

425 Deputy Mary Mitchell O’Connor asked the Minister for Health the number of persons estimated to be suffering from anorexia in Ireland in 2011; if he will provide a breakdown of age and gender in respect of those so diagnosed; and if he will make a statement on the matter. [38765/11]

Olivia Mitchell

Ceist:

426 Deputy Mary Mitchell O’Connor asked the Minister for Health the amount that was allocated in budget 2011 for the treatment of anorexia; and if he will make a statement on the matter. [38766/11]

Olivia Mitchell

Ceist:

427 Deputy Mary Mitchell O’Connor asked the Minister for Health the number of persons estimated to be suffering from bulimia nervosa in Ireland in 2011; if he will provide a breakdown of age and gender in respect of those so diagnosed; and if he will make a statement on the matter. [38767/11]

Olivia Mitchell

Ceist:

428 Deputy Mary Mitchell O’Connor asked the Minister for Health the amount that was allocated in budget 2011 for the treatment of bulimia nervosa; and if he will make a statement on the matter. [38768/11]

Olivia Mitchell

Ceist:

431 Deputy Mary Mitchell O’Connor asked the Minister for Health if he will provide figures for the number of persons who suffered anorexia in each of the years 2000 to 2010; if he will provide a breakdown in respect of age and gender of those diagnosed; and if he will make a statement on the matter. [38771/11]

Olivia Mitchell

Ceist:

432 Deputy Mary Mitchell O’Connor asked the Minister for Health the amount of funding that was provided in the years 2000 to 2010, inclusive, for the treatment of anorexia; and if he will make a statement on the matter. [38772/11]

Olivia Mitchell

Ceist:

433 Deputy Mary Mitchell O’Connor asked the Minister for Health if he will provide figures for the number of persons who suffered from bulimia nervosa in each of the years 2000 to 2010; if he will provide a breakdown in respect of age and gender of those diagnosed; and if he will make a statement on the matter. [38773/11]

Olivia Mitchell

Ceist:

434 Deputy Mary Mitchell O’Connor asked the Minister for Health the amount of funding that was provided in each of the years 2000 to 2010 for the treatment of bulimia nervosa; and if he will make a statement on the matter. [38774/11]

I propose to take Questions Nos. 425 to 428, inclusive, and Nos. 431 to 434, inclusive, together.

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

Health Services

Olivia Mitchell

Ceist:

429 Deputy Mary Mitchell O’Connor asked the Minister for Health the number of persons who are estimated to self-harm in Ireland in 2011; if he will provide a breakdown of age and gender in respect of those so diagnosed; and if he will make a statement on the matter. [38769/11]

Olivia Mitchell

Ceist:

430 Deputy Mary Mitchell O’Connor asked the Minister for Health the amount that was allocated in budget 2011 for the treatment of self-harm; and if he will make a statement on the matter. [38770/11]

Olivia Mitchell

Ceist:

435 Deputy Mary Mitchell O’Connor asked the Minister for Health if he will provide figures for the number of persons who self-harmed in each of the years 2000 to 2010; if he will provide a breakdown in respect of age and gender of those diagnosed; and if he will make a statement on the matter. [38775/11]

Olivia Mitchell

Ceist:

436 Deputy Mary Mitchell O’Connor asked the Minister for Health the amount that was provided in each of the years 2000 to 2010 for the treatment of self-harming; and if he will make a statement on the matter. [38776/11]

I propose to take Questions Nos. 429, 430, 435 and 436 together.

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

Questions Nos. 431 to 434, inclusive, answered with Question No. 425.
Questions Nos. 435 and 436 answered with Question No. 429.

Hospital Services

Mattie McGrath

Ceist:

437 Deputy Mattie McGrath asked the Minister for Health if he will investigate reports that patients in South Tipperary General Hospital who require services, that is, scans and so on, located in St. Luke’s building on the grounds of the hospital are transported from the main hospital building to St. Luke’s by ambulance, which travels from Waterford; if he will confirm these reports; his views that this constitutes a waste of public money; and if he will make a statement on the matter. [38784/11]

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

Mental Health Services

Martin Ferris

Ceist:

438 Deputy Martin Ferris asked the Minister for Health the plans the Health Service Executive in County Kerry has to cater for a child (details supplied) who has serious mental health issues; the reason it offered recently to transfer the child to County Donegal; and if he will make a statement on the matter. [38787/11]

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

Hospital Services

Tony McLoughlin

Ceist:

439 Deputy Tony McLoughlin asked the Minister for Health when a decision will issue from the evaluation group on a bid by Sligo General Hospital to become a hub laboratory which would propose to handle all the high-volume blood science workload originating from primary care as well as work associated with the general hospital; and if he will make a statement on the matter. [38812/11]

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

Long-Term Illness Scheme

Billy Kelleher

Ceist:

440 Deputy Billy Kelleher asked the Minister for Health the reason Crohn’s disease will not be covered on the long-term illness scheme from next year; if he will outline the alternative supports that will be provided to sufferers; and if he will make a statement on the matter. [38815/11]

There are no plans to extend the list of conditions covered by the Long Term Illness Scheme. Under the Drug Payment Scheme no individual or family pays more than €120 per calendar month towards the cost of approved prescribed medicines. The scheme significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines. In addition, people who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.

Medical Cards

Seán Ó Fearghaíl

Ceist:

441 Deputy Seán Ó Fearghaíl asked the Minister for Health if, in view of correspondence (details supplied) he will now issue a medical card to a person (details supplied); and if he will make a statement on the matter. [38818/11]

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

Consumer Protection

Kevin Humphreys

Ceist:

442 Deputy Kevin Humphreys asked the Minister for Health his plans to ban the use of creatine and other muscle building supplements by children under the age of 18 years; and if he will make a statement on the matter. [38820/11]

I have been informed by the FSAI that there are no documented safety reasons that would justify banning creatine. However, due to a lack of data on safety of creatine consumption during childhood and adolescence, it is advised that creatine supplements be avoided until adulthood.

In 2004 the European Food Safety Authority considered the safety and bioavailability of creatine monohydrate in foods for particular nutritional uses and concluded it was not a matter of concern provided that there was adequate control of the purity of this source of creatine with respect to dicyandiamide and dihydro-1,3,5-triazine derivatives. Provided high purity creatine monohydrate is used in foods for particular nutritional uses, EFSA concurred with the previous opinion of the Scientific Committee on Food (SCF) that the consumption of doses of up to 3g/day of supplemental creatine, similar to the daily turnover rate of creatine, is unlikely to pose any risk. Taking this into consideration, along with the advice of the FSAI, my Department advises that as a precautionary measure, the consumption of high doses of creatine over a long period should be avoided.

Health Services

Billy Kelleher

Ceist:

443 Deputy Billy Kelleher asked the Minister for Health if a review of the future of a welfare home (details supplied) in County Cork has been completed; if formal meetings with union representatives have taken place; when the decision will be announced; and if he will make a statement on the matter. [38825/11]

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

Hospital Waiting Lists

Martin Ferris

Ceist:

444 Deputy Martin Ferris asked the Minister for Health the average waiting time for a cataract operation. [38826/11]

Martin Ferris

Ceist:

445 Deputy Martin Ferris asked the Minister for Health the number of cataract patients referred by their general practitioners currently on the Kerry General Hospital waiting list. [38827/11]

Martin Ferris

Ceist:

446 Deputy Martin Ferris asked the Minister for Health the number of cataract patients on the Kerry General Hospital waiting list in 2009 and 2010. [38828/11]

I propose to take Questions Nos. 444 to 446, inclusive, together.

Kerry General Hospital does not carry out cataract operations. Kerry patients are referred by their GP to a community opthalmologist and cases requiring cataract surgery have their procedure in Cork University Hospital. There is currently a total of 343 patients waiting for cataract surgery in the CUH.

I have forwarded the Deputy's question to the HSE for direct reply in relation to the numbers of Kerry patients waiting for cataract surgery. The following table outlines the waiting times nationally for cataract surgery. This and other waiting time information is available on https://www.ptr.ie/Pages/forPatients_Adult.asp.

Location

Waiting Times

St. Vincent’s University Hospital Elm Park

2 months

Mater Hospital Dublin

4 months

Royal Victoria Eye and Ear Hospital

3 months

Cork University Hospital

4 months

Waterford Regional Hospital

5 months

Letterkenny General Hospital

5 months

Mid Western Regional Hospital Dooradoyle

3 months

Sligo General Hospital

2 months

University College Hospital Galway

5 months

Mental Health Services

Robert Troy

Ceist:

447 Deputy Robert Troy asked the Minister for Health the action he will take to ensure that front-line mental health services are not adversely affected by a reduction in his Department’s funding. [38830/11]

Michael Healy-Rae

Ceist:

453 Deputy Michael Healy-Rae asked the Minister for Health in the absence of a funding stream under the Department of the Environment, Community and Local Government for tenancy sustainment support, if he will ensure that rehabilitation and recovery teams are adequately resourced to provide ongoing support to persons with a mental health problem to enable them to live independently in the community. [38858/11]

Michael Healy-Rae

Ceist:

454 Deputy Michael Healy-Rae asked the Minister for Health if he will ensure that reduced welfare spending does not negatively impact on the mental health of the population. [38859/11]

Michael Healy-Rae

Ceist:

455 Deputy Michael Healy-Rae asked the Minister for Health if he will adequately resource the directorate for mental health services to ensure that it contains the necessary change management capacity and skills to drive implementation of A Vision for Change. [38860/11]

Michael Healy-Rae

Ceist:

456 Deputy Michael Healy-Rae asked the Minister for Health if he will invest in support to effectively link persons with a mental health problem with work. [38861/11]

Michael Healy-Rae

Ceist:

457 Deputy Michael Healy-Rae asked the Minister for Health if he will ensure that the overall mental health service staffing level is maintained and that funding for posts is preserved at the level of budget 2011 to allow recruitment of staff to reconfigure services towards AVFC model. [38862/11]

Michael Healy-Rae

Ceist:

475 Deputy Michael Healy-Rae asked the Minister for Health his views on a matter (details supplied) regarding mental health teams. [38995/11]

I propose to take Questions Nos. 447, 453 to 457, inclusive, and 475 together.

The Government is committed to implementing A Vision for Change and reforming our model of healthcare delivery so that more and better quality care is delivered in the community. In this regard I have asked the HSE to prepare an implementation plan, which will identify specific areas of A Vision for Change that can be progressed over the next three years, with timelines, detailed costs, structures and identifiable person(s) responsible for driving the change. The question of a Directorate for mental health and issues related to staffing levels particularly in community mental health teams will be examined in this context.

It is the Government's intention that over time access to modern mental health services in the community will be significantly improved. In this regard an additional €35 million was announced in yesterday's budget for mental health services in line with the commitment in the Programme for Government. This funding will enable the HSE to enhance the multidisciplinary composition of the existing community mental health teams and focus on key priorities in mental health.

A Vision for Change also recognised that all citizens should be treated equally and that access to employment for people with mental health difficulties should be on the same basis as any other citizen. We are endeavouring, through housing, education and community based health care, to provide the environment in which employment opportunities can be availed of by all on an equal basis.

Health Service Staff

Colm Keaveney

Ceist:

448 Deputy Colm Keaveney asked the Minister for Health the total number of workers retiring from the health service for the years 2009, 2010 and 2011; the number who retired on the full number of years’ service broken down by gender in terms of the total number of retirees and the numbers of those with the full number of years of service. [38832/11]

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

Colm Keaveney

Ceist:

449 Deputy Colm Keaveney asked the Minister for Health if he will provide a distributional breakdown of the number of health service workers and the health service pay bill across various income levels for the years 2010 and 2011 in the bands (details supplied). [38833/11]

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

Medicinal Products

Joe Costello

Ceist:

450 Deputy Joe Costello asked the Minister for Health his plans to criminalise imported prescription tablets being sold to drug addicts here; and if he will make a statement on the matter. [38840/11]

In accordance with international conventions, medicinal products which have the potential to be misused are controlled under the Misuse of Drugs Acts and Regulations. The Misuse of Drugs Regulations place strict controls on the prescribing, dispensing, supply and possession of those prescription medicines which are controlled.

The problem of the misuse of prescription drugs has been recognised at national, European and international levels. Through the framework of the National Drugs Strategy 2009-2016, my Department is working in collaboration with the relevant statutory agencies to monitor the availability of controlled drugs, including prescription medicines, through illicit supply channels.

I am informed that An Garda Síochána is aware of the misuse and abuse of prescribed drugs. This frequently occurs where illegal substances subject to the Misuse of Drugs Acts have become scarce due to law enforcement measures. The Misuse of Drugs legislation provides for prosecutions in circumstances where substances seized, including prescribed drugs, are controlled substances under the legislation. My Department and the HSE are currently actively engaged in the development of measures to improve practices regarding the use of benzodiazepines and other related medicines within the health system and are reviewing legislative measures on the control of these substances. I can assure the Deputy that the enforcement of the law relating to the sale of drugs, including prescription drugs, continues to be a priority in the Government's commitment to tackling the issue of drug misuse in this jurisdiction.

Crime Prevention

Joe Costello

Ceist:

451 Deputy Joe Costello asked the Minister for Health if the freefone facility for the Dial to Stop Drug Dealing initiative will be extended throughout 2012; and if he will make a statement on the matter. [38841/11]

The current Dial to Stop Drug Dealing initiative attracts a very small number of calls. Consideration is being given to a new approach to promoting the initiative which, it is hoped, will lead to an increase in the number of calls.

Mental Health Services

Michael Healy-Rae

Ceist:

452 Deputy Michael Healy-Rae asked the Minister for Health if he will ensure adequate capital funding in 2012 to continue the closure of psychiatric hospitals and transfer of service users to appropriate, community-based accommodation. [38857/11]

The Government's policy on mental health incorporates the recommendations of A Vision for Change. This Government is committed to reducing the stigma of mental illness, ensuring early and appropriate intervention and vastly improving access to modern mental health services in the community. The Programme for Government states that unsuitable psychiatric institutions will be closed and patients including those with intellectual disabilities and older people in the care of the mental health services will be provided with more appropriate community based facilities. Children and adolescents will be provided with appropriate in-patient accommodation. The Health Service Executive’s Capital Plan 2011-2015, which is published on its website, sets out its planned programme including detail on mental health infrastructure.

The Programme for Government also provided for a Comprehensive Spending Review; the Capital Review ‘Infrastructure and Capital Investment 2012-2016: Medium Term Exchequer Framework' was published on 10 November 2011. In the context of the review, the Government announced that the Health Service Executive's health capital allocation is to be maintained at €1,870m. Of this figure €1,670m over the five year period or €334m a year is allocated to building, equipping and furnishing of health facilities. The remaining €200m over the period or €40m a year is allocated to the HSE ICT infrastructure. Minister Howlin also announced that additional capital funding would be made available from a special lottery initiative. This is tangible evidence, in a time of fiscal consolidation, that the Government remains committed to supporting crucial health infrastructure development and delivering on its Programme for Government commitment which states that ‘health capital spending will be a priority'.

Following the publication of the review, the Health Service Executive will commence drawing up its capital programme for the multi-annual period 2012-2016. The Executive is required to prioritise the capital infrastructure projects within its overall capital funding allocation taking into account the existing capital commitments and costs to completion over the period. The proposed plan requires my approval with the consent of the Minister for Public Expenditure and Reform.

Questions Nos. 453 to 457, inclusive, answered with Question No. 447.

Departmental Expenditure

Sean Fleming

Ceist:

458 Deputy Sean Fleming asked the Minister for Health if he is satisfied that all tendering procedures were properly carried out, evaluated and concluded in respect of a contract (details supplied); and if he will make a statement on the matter. [38863/11]

Procurement of goods and services for health care is a service matter. Therefore your question has been referred to the Health Service Executive for direct reply.

Industrial Relations

Sean Fleming

Ceist:

459 Deputy Sean Fleming asked the Minister for Health if the Health Service Executive followed up on all matters referred to by the Labour Court in its recommendations in respect of a case (details supplied); and if he will make a statement on the matter. [38864/11]

I have asked the Health Service Executive for an update on the matter referred to by the Deputy. I will revert to the Deputy as soon as this material is to hand.

Health Services

John McGuinness

Ceist:

460 Deputy John McGuinness asked the Minister for Health if funding will be made available as a matter of urgency for the care of a person (details supplied) in County Kilkenny; if he will instruct the Health Service Executive to confirm the arrangements for long-term care to the immediate family and to have all matters fully resolved for the person's care prior to 21 December 2011 when their respite care concludes; and if he will make a statement on the matter. [38870/11]

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

Medicinal Products

Olivia Mitchell

Ceist:

461 Deputy Olivia Mitchell asked the Minister for Health if he will instruct the Irish Medicines Board to accept the EU-backed pan-European classification of a product as a cosmetic, biocide or medicine rather than its own guidelines which will either increase the costs of products to consumers here or deprive these consumers of basic products such as shampoos, soaps, washes, deodorants and which will impact, in addition, on the many pharmaceutical firms giving employment in Ireland; and if he will make a statement on the matter. [38877/11]

The Irish Medicines Board (IMB) and the Department of Agriculture, Food and the Marine (DAFM) have developed draft joint guidance on the classification of consumer products that are borderline between cosmetics and biocides. This draft guidance has been prepared following a request from industry for guidance in this area and has been the subject of public consultation. The IMB and DAFM are currently in the process of taking on board comments received from Industry and stakeholders in relation to this guidance.

Under EU legislative frameworks relating to biocides and to cosmetics, the relevant Competent Authorities are responsible for assessing borderline products to determine, based on the product's characteristics, whether a product should be regulated as a cosmetic or as a biocide. No formal pan-European guidance has been developed regarding the classification of borderline products as either cosmetics or biocides. It has, therefore, been necessary to develop guidance at national level to ensure the safety of such products for consumers. The European Commission and other Member States have welcomed the draft guidance developed by the IMB and DAFM as assisting towards EU harmonisation.

Medical Cards

Billy Timmins

Ceist:

462 Deputy Billy Timmins asked the Minister for Health the position regarding a medical card renewal in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [38881/11]

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

Departmental Reports

Denis Naughten

Ceist:

463 Deputy Denis Naughten asked the Minister for Health when he expects to receive a report into the impending destruction of Guthrie cards held by Temple Street Children’s Hospital, Dublin; the terms of reference for the report; and if he will make a statement on the matter. [38910/11]

To comply with Data Protection Legislation, a number of changes are required to the Newborn Screening Card and the National Newborn Bloodspot Screening Programme.

I requested that the HSE undertake a review of the governance policy regarding theretention and disposal of Newborn Screening Cards (NSCs). A draft report on the agreed governance structures undertaken by the National Newborn Screening Programme Governance Group has been prepared.

I expect to receive their final report shortly.

General Medical Services Scheme

Brendan Griffin

Ceist:

464 Deputy Brendan Griffin asked the Minister for Health the dental treatments covered by the medical card; and if he will make a statement on the matter. [38912/11]

The Dental Treatment Services Scheme (DTSS) provides free oral examinations every calendar year as well as free emergency dental treatment to patients with medical cards. Patients with special needs, high risk patients and those who have greater clinical needs receive priority for treatment.

Hospital Services

David Stanton

Ceist:

465 Deputy David Stanton asked the Minister for Health the average cost per day of a bed in the National Rehabilitation Centre in Dun Laoghaire, County Dublin; and if he will make a statement on the matter. [38920/11]

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

David Stanton

Ceist:

466 Deputy David Stanton asked the Minister for Health the average cost per day of an acute bed in a public hospital for high-dependency patients; and if he will make a statement on the matter. [38921/11]

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

Departmental Bodies

Terence Flanagan

Ceist:

467 Deputy Terence Flanagan asked the Minister for Health if he will provide detailsregarding the expert group being set up to address the outcome of last year’s European Court of Human Rights ruling on abortion rights in Ireland; and if he will make a statement on the matter. [38965/11]

I can assure the Deputy that the Government is progressing the establishment of an Expert Group on the ABC v Ireland judgment. The Department of Health is currently in the process of finalising the work required to set up this body. As the establishment process is not yet complete, however, it would be inappropriate to furnish any further details about the Group at this time.

Medical Cards

John McGuinness

Ceist:

468 Deputy John McGuinness asked the Minister for Health when a decision will be made regarding an application for a medical card in respect of a person (details supplied) in County Kilkenny; and if he will expedite the matter. [38978/11]

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

Michael Healy-Rae

Ceist:

469 Deputy Michael Healy-Rae asked the Minister for Health the position regarding amedical card in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [38984/11]

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

Michael Healy-Rae

Ceist:

470 Deputy Michael Healy-Rae asked the Minister for Health the position regarding amedical card application in respect of a person (details supplied). [38988/11]

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

Accident and Emergency Services

Michael Healy-Rae

Ceist:

471 Deputy Michael Healy-Rae asked the Minister for Health his views on a matter (details supplied) regarding accident and emergency waiting times; and if he will make a statement on the matter. [38989/11]

Immediately following my appointment I set about establishing the Special Delivery Unit (SDU) to unblock access to acute services by improving the flow of patients through the system.

The SDU is establishing an infrastructure based on information collection and analysis, hospital by hospital, so that we will know what is actually happening in real time. This will allow us to begin to embed performance management in the system, to manage bed capacity and to sustain shorter waiting times.

The problems in our emergency departments are complex and they did not arise overnight. The particular issues vary from hospital to hospital and some of the solutions will depend on local factors. As part of the process of forming the overall picture of the emergency department situation nationally, the SDU has identified fifteen hospitals which between them account for 80% of the trolley wait problem in the hospital system. Eight Hospitals have been identified for very high support. Liaison Officers from the SDU are working pro-actively to support these sites.

I have also agreed that some additional funding may be provided, on a strictly once off basis, based on specific proposals from the hospital to reduce waiting times between now and the end of the year which will help address issues such as delayed discharges. Adherence to the agreed criteria will be closely monitored by the SDU.

In relation to scheduled surgery I have requested that public hospitals 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. I am happy to confirm that at present this objective is on target.

Services for People with Disabilities

Michael Healy-Rae

Ceist:

472 Deputy Michael Healy-Rae asked the Minister for Health if his attention has been drawn to the fact that there is no speech therapy for persons particular stroke victims, in certain areas of South Kerry; and if he will make a statement on the matter. [38990/11]

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

Medical Cards

Michael Healy-Rae

Ceist:

473 Deputy Michael Healy-Rae asked the Minister for Health the position regarding amedical card in respect of a person (details supplied) in County Kerry. [38991/11]

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

Hospital Services

John Browne

Ceist:

474 Deputy John Browne asked the Minister for Health the reason for the ongoing delay by the Health Service Executive in having a child (details supplied) in County Wexfordadmitted to Waterford General Hospital. [38993/11]

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.

Question No. 475 answered with Question No. 447.

John McGuinness

Ceist:

476 Deputy John McGuinness asked the Minister for Health if he will immediately publish a report from the Health Service Executive detailing the reason the decision was made to close a hospital (details supplied) in County Dublin; if he appreciates the demand from the wider community that this information be made public; and if he will make a statement on the matter. [39005/11]

John McGuinness

Ceist:

477 Deputy John McGuinness asked the Minister for Health if he will reconsider the decision announced by the Health Service Executive to close a hospital (details supplied) in County Dublin; if he appreciates the concerns of families of residents and the wider community in respect of this widely criticised decision; and if he will make a statement on the matter. [39006/11]

I propose to answer Questions Nos. 476 and 477 together.

The decision referred to by the Deputy is a decision of the Health Service Executive, not my colleague the Minister for Health. As such the Deputy's questions have been referred to the Executive for direct reply to the Deputy.

Grant Payments

Brendan Griffin

Ceist:

478 Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the grants and amounts paid by him to community and voluntary groups in Galway city and county to date in 2011; and if he will list the chairperson, secretary and treasurer of each group that were beneficiaries of same. [38347/11]

My Department has given €7,407 in grants to the Galway Mountain Rescue Team to date in 2011. The chairperson is Brendan Noonan, the Secretary is Jarlath Folan and the Treasurer is Dermot Hughes.

Also included are the details of the Sports Capital Programme payments to grantees in Galway (city and county). Almost all such grants are on foot of applications made over a number of previous years. The applications may not, therefore, contain details of current officers. Grantees are required to provide one current single point of contact for its dealings with the Department who may not necessarily be the treasurer, secretary or chairperson of the organisation.

For that reason, the Department would not necessarily have the information sought by the Deputy to hand.

Grantees

Abbeyknockmoy Hurling Club

€60,000

Ardrahan GAA Club

€18,375

Ballinasloe GAA Club

€11,435

Ballinasloe Show Ltd

€3,500

Commercial Boat Club

€4,500

Connacht Branch IRFU

€228,864

Creggs Development Ass

€279

Fohenagh & Districts GAA

€3,998

Galway Bay Sailing Club Ltd.

€630

Gort Community Centre

€42,462

Kilbeacanty GAA Club

€3,750

Killyan Development Assoc

€2,750

Liam Mellows Hurling Club

€80,682

Loughrea Boxing Club

€508

Loughrea RFC

€66,500

Loughrea Tennis Club

€837

Mullagh GAA Club

€60,000

Our Lady’s Boys Club

€7,800

Salthill-Knocknacarra GAA

€5,898

Departmental Staff

Alan Farrell

Ceist:

479 Deputy Alan Farrell asked the Minister for Transport, Tourism and Sport the increments made payable to public sector workers within his Department in the years 2010 and 2011; the increments due in 2012 in tabular form; and if he will make a statement on the matter. [38366/11]

My Department was established on 9th March 2011. Based on the average increment value per grade the cost of increments in the period from 9th March 2011 to end year 2011 will be approximately €129,000. I anticipate that the cost of increments in 2012 will be in the region of €194,000. It should be noted that increments are not paid automatically. The decision to award an increment to individual staff members is subject to satisfactory work performance and attendance.

Departmental Reports

Timmy Dooley

Ceist:

480 Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport the proposed date for the publication of the taxi review group findings; and if he will make a statement on the matter. [38382/11]

Good progress is being made on the work of the review and I would expect to submit proposals for Cabinet consideration at an early date.

Departmental Expenditure

Michael McGrath

Ceist:

481 Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport the estimated cost to his Department of a 2% increase in the standard rate of VAT; and if he will make a statement on the matter. [38471/11]

The estimated cost to the Department of Transport, Tourism and Sport of a 2% increase in the standard rate of VAT is €217,000 approximately, based on the Department's expenditure for 2010.

Road Network

Jerry Buttimer

Ceist:

482 Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport if he will investigate the reason the electronic tolling facility at the M8 toll bridge at Watergrasshill, County Cork, does not register some electronic tags which work at every other toll bridge in the country; if he will instruct the operator of the toll bridge to rectify this problem; and if he will make a statement on the matter. [38598/11]

The statutory power to levy tolls on national roads, to make toll by-laws and to enter into toll agreements with private investors in respect of national roads is vested in the National Roads Authority (NRA) under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007).

Noting the above position, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Swimming Pool Projects

Paschal Donohoe

Ceist:

483 Deputy Paschal Donohoe asked the Minister for Transport, Tourism and Sport the position regarding the possible funding for refurbishment works of a swimming pool (details supplied) in Dublin 7; and if he will make a statement on the matter. [38622/11]

Under the Local Authority Swimming Pool Programme there are four principal stages in a swimming pool project following the submission of a feasibility study. These, in order of progress, are: Preliminary Report; Contract Documents; Tender and Construction.

Air Accident Investigations

Willie O'Dea

Ceist:

484 Deputy Willie O’Dea asked the Minister for Transport, Tourism and Sport the position regarding the publication of the report regarding the crash of IAC PC9 aircraft (details supplied); and if he will make a statement on the matter. [38729/11]

The Final Report into the fatal accident of the Irish Air Corps 265 Pilatus PC-9 aircraft, at Crumlin East, Cornamona, Connemara, Co. Galway on 12th October 2009 was issued by the Air Accident Investigation Unit (AAIU) to all interested parties on 11 October 2011, with a planned publication date of the 8th Nov 2011. One interested party has exercised their right, as provided for under the provisions of Part III, Section 19 of S.I. No. 205/1997: AIR NAVIGATION (NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INCIDENTS) REGULATIONS, 1997, to serve a Notice of Re-examination on the Minister of Transport, Tourism and Sport regarding the findings and conclusion of the Final Report.

The planned publication of the Final Report was thus postponed pending my consideration of the application. It is my intention to make a decision on the matter shortly.

Road Network

Tom Barry

Ceist:

485 Deputy Tom Barry asked the Minister for Transport, Tourism and Sport if he will clarify the position in regard to the M20 and, in particular, the situation with regard to communications with relevant landowners in the area. [38849/11]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. The construction, improvement and maintenance of individual national roads, is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Noting this I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you don't receive a reply within 10 working days.

Barr
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