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Dáil Éireann díospóireacht -
Wednesday, 7 Dec 2011

Vol. 749 No. 1

Written Answers

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].

Passport Applications

Bernard J. Durkan

Ceist:

1 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade if and when a passport will issue in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [39116/11]

There is no record on the passport system of an application in the name and date of birth of the person in question, nor is there any record of a previous passport which was issued in this name. If a parent has any reference, such as the number of the application form, this can be given to the Head of the Passport Office in Balbriggan, for further checking. This request should be made to him by email at kevin.walzer@dfa.ie.

In the event that the person has yet to make an application, it should be remembered that the person in question is a minor and the following requirements, which apply to persons born in Ireland before 1 January, 2005, must be met:

1. The child's long form civil Irish birth certificate. This is needed to confirm his identity details for his passport. It will also help to demonstrate his entitlement to Irish citizenship;

2. Parents' full and witnessed consent must be provided in section 7 of the application form. This consent should be supported by the parents' civil marriage certificate;

3. Previous passport, if applicable;

4. Four photographs, two of which must be signed by the Garda witness;

5. Payment of the relevant fee for the selected choice of passport service. Details of the relevant fees are available on the Department's website www.passports.ie

Bernard J. Durkan

Ceist:

2 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade if a passport will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [39117/11]

In my reply to the Deputy's question (No. 45) of 29 September, 2011, the full background to this case was provided. It should be recalled that the applicant's mother did not have the required reckonable residence for the purposes of the Irish Nationality and Citizenship Act, 1956 as amended, (the Act) to demonstrate her child's entitlement to Irish citizenship. On this basis, the Department could not issue a passport to her. The applicant's mother was advised of this by the Department in a letter dated 12 September, 2011. This letter also requested evidence of her lawful residence in the State prior to 2009 which might be reckonable for the purposes of the Act or if she had evidence of her own entitlement to Irish citizenship such as a certificate of naturalisation.

As no reply was received from her in this matter, the application in question was cancelled on 24 November. A refund of the paid passport fee was made on 28 November.

While I appreciate that the outcome of this application will be disappointing for the applicant's mother, I can assure the Deputy that if, as previously advised, she is able to provide the additional evidence that would demonstrate her daughter's entitlement to Irish citizenship the Passport Service will issue a passport to her on receipt of a new application.

Departmental Staff

John O'Mahony

Ceist:

3 Deputy John O’Mahony asked the Tánaiste and Minister for Foreign Affairs and Trade if he will confirm the number of staff members employed at the Permanent Representation of Ireland to the European Union in Brussels; and if he will make a statement on the matter. [39189/11]

John O'Mahony

Ceist:

4 Deputy John O’Mahony asked the Tánaiste and Minister for Foreign Affairs and Trade if additional staff will be allocated to the Permanent Representation of Ireland to the European Union office, Brussels, for the 2013 Presidency ; if so, the number of same; and if he will make a statement on the matter. [39190/11]

I propose to take Questions Nos. 3 and 4 together.

The Permanent Representation of Ireland to the European Union is Ireland's largest overseas mission, with a staff complement totalling 89 drawn from almost every Government Department in the State as well as from the Office of the Attorney General, the Office of the Revenue Commissioners and the Defence Forces. Of that total, 58 staff are at or above Third Secretary or Higher Executive Officer equivalent level, of which 19 are staff of the Department of Foreign Affairs and Trade and 39 are from other Government Departments or agencies. The remaining 31 staff, some of whom are locally recruited, are in support grades.

Ireland's Presidency of the European Union in the first half of 2013 will provide an important opportunity to further strengthen our engagement with the EU agenda and to rebuild Ireland's reputation in Europe and internationally. The Permanent Representation will be to the forefront of our Presidency effort and will play a key role in the effective co-ordination and delivery of Presidency business. This will require substantial temporary additional staffing resources from mid-2012 until mid-2013. While the details have not been finalised, the number of temporary additional staff across all sectors has been provisionally estimated at 60, as many as possible of whom will be locally recruited in order to minimise costs.

Tax Code

Brendan Smith

Ceist:

5 Deputy Brendan Smith asked the Minister for Finance if he will give consideration to the concerns of an industry (details supplied); and if he will make a statement on the matter. [39065/11]

I recognise that the price of fuel has increased in recent times. The increase in the price of fuel is an international phenomenon. Fuel prices are driven by a number of factors including the price of oil on international markets, exchange rates, production costs and refining costs. However, given the ongoing pressure on the public finances I am not in a position to reduce the excise rates on motor fuels. While there is scope for a reduced excise rate for certain users of auto-diesel under the EU Energy Tax Directive, any relief here would be extremely expensive especially in the current fiscal environment. Furthermore, a lower commercial rate would require an extensive rebate system which would be administratively difficult, costly to operate and open to abuse.

The price of auto-diesel is currently around 20 cents lower here than the UK. In addition, it should also be noted that businesses are of course entitled to reclaim VAT incurred on their business inputs, including VAT incurred on fuel. For example, VAT incurred on auto-diesel and marked gas oil (MGO or green diesel) used in the course of business is a deductible credit for business in the Irish VAT system. VAT on petrol can not be deducted/reclaimed.

Terence Flanagan

Ceist:

6 Deputy Terence Flanagan asked the Minister for Finance his views on a matter regarding budget cuts under the ECB — EU agreement and also the VAT increase; and if he will make a statement on the matter. [39076/11]

As I said when I addressed the Dáil yesterday, the Government carefully considered the various options open to us in terms of taxation. I also said that one of the key objectives of the Government is to get people back to work. Indirect taxes have a less adverse impact on economic activity and employment, which is why Budget 2012 is focusing on indirect taxes such as VAT rather than on income tax. As the details in the Budget have highlighted, our expenditure remains higher than the revenue received. As such, it is essential that we get our public finances under control, and reduce the deficit.

Neither the European Central Bank nor the European Commission have forced us to control our spending; instead this has become necessary as a result of falling tax revenues. As you know, Ireland agreed a programme of financial support in November 2010 with the ECB, European Commission and the IMF. This programme is worth €84 billion, with €17.5 billion coming from our own resources and €67.5 billion being provided from EU funds, the IMF and bilateral lenders. Without this funding the State would not have been able to raise the funds necessary to pay for key public services for our citizens. The programme provides us with a road map to get out of the current crisis. Its objectives are to ensure that the economy can return to sustainable growth, consolidate our fiscal position and support the return to a properly functioning banking system. The provision of this funding is conditional on meeting policy commitments. These commitments are negotiated with our external partners. It is also the case that our EU membership requires us to bring our General Government deficit below 3% of GDP by 2015. The adjustments we are undertaking are those that would be required in the normal course. The EU-IMF funding provides us with the space to do so over a number of years.

Gerry Adams

Ceist:

7 Deputy Gerry Adams asked the Minister for Finance further to Parliamentary Question No. 126 of 29 November 2011, the reason the VAT deduction on the cost of acquisition of a bus for publicans who operate buses exclusively for taking patrons to and from the public house is limited to buses of more than 16 seats. [39110/11]

I am advised by the Revenue Commissioners that the distinction between motor vehicles designed and constructed for the carriage of more than 16 persons, including the driver, and other motor vehicles has been in VAT legislation since its introduction in 1972. At that time such vehicles were liable to VAT at the low rate of VAT (16.37%) whereas other motor vehicles were liable to VAT at the standard rate of VAT (30.26%). Prior to January 2009, VAT legislation prohibited any VAT deduction to the extent that it related to expenditure incurred on the acquisition of a motor vehicle designed and constructed for the carriage of less than 16 persons, including the driver. The Finance (No. 2) Act 2008 allowed a deduction in respect of up to 20% of the VAT incurred on the purchase of certain motor vehicles (including those capable of carrying less than 16 persons), subject to normal deductibility rules. Full details of this arrangement are contained in Revenue' Information Leaflet "Motor Vehicles — Deduction of VAT on Certain Cars", published on www.revenue.ie. However, no deduction is available if passengers are charged for transport as this is a VAT-exempt activity.

Finian McGrath

Ceist:

8 Deputy Finian McGrath asked the Minister for Finance his views on a matter (details supplied) regarding low carbon fuels. [39127/11]

The matter raised relates to the application of the carbon tax to solid fuels. As the Deputy is aware carbon tax does not currently apply to solid fuels and such taxation remains subject to a commencement order. The matter raised will be taken into consideration in the event of a decision to proceed with taxation of solid fuels.

Pension Provisions

John McGuinness

Ceist:

9 Deputy John McGuinness asked the Minister for Finance the number of persons here with pension pots in excess of €2.3 million according to the records of the Revenue Commissioners; and if he will make a statement on the matter. [39135/11]

I am assuming that the Deputy is referring to the number of persons with pension pots in excess of the Standard Fund Threshold (SFT). The SFT is the maximum allowable pension fund on retirement for tax purposes which was introduced in Budget and Finance Act 2006 with effect from 7 December 2005, to prevent over-funding of pensions through tax-relieved arrangements. The SFT limit was initially set at €5 million, but had increased to just over €5.4 million by 2008 through indexation. The legislation also provided for a higher limit (known as the Personal Fund Threshold or PFT) where individuals had pension rights with values in excess of the SFT on 7th December 2005. Such individuals could protect their higher pension values by applying to the Revenue Commissioners for a PFT certificate.

The SFT was substantially reduced in Budget and Finance Act 2011 to a level of €2.3 million with effect from 7 December 2010. Transitional arrangements were again provided to protect the capital values of the pension rights of individuals where these exceeded the reduced SFT on that date. However, in the case of these PFT applicants the PFT was not permitted to exceed the level of the previous SFT of €5,418,085.

I am informed by the Revenue Commissioners that, according to their records, they

* issued 110 Personal Fund Threshold (PFT) certificates to individuals in respect of the original SFT limit of €5 million, and

* to date have issued 727 PFT certificates (out of 1,200 PFT applications received to date) in respect of the lower SFT limit of €2.3 million.

In that regard, the Commissioners have pointed out that the statistics on PFT certificates issued represent a "snapshot" of the number of individuals whose pension rights on 7 December 2005 and 7 December 2010 respectively exceeded the value of the relevant SFT on those dates. As the remaining PFT applications are processed this number is likely to increase. The Commissioners have also advised me that there is no ongoing monitoring of PFT amounts by them and given recent investment market volatility, which would have impacted in particular on defined contribution type pension arrangements, coupled with the fact that some of the individuals concerned are likely to have since retired, it is not possible to state how many individuals continue to hold pension pots in excess of €2.3 million.

Disabled Drivers

James Bannon

Ceist:

10 Deputy James Bannon asked the Minister for Finance the reason a person (details supplied) in County Longford has not been issued with a primary medical certificate; and if he will make a statement on the matter. [39148/11]

The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

Tax Code

Noel Harrington

Ceist:

11 Deputy Noel Harrington asked the Minister for Finance, further to Parliamentary Question No. 50 of 10 November 2010, his views on the possible introduction of an online betting tax; if officials in his Department, in conjunction with the Office of the Attorney General, the Office of the Revenue Commissioners and the Department of Justice and Equality have come to any conclusions in their examination of the legal and operational difficulties that have to be overcome before implementation of such a tax; and if he will make a statement on the matter. [39159/11]

The Finance Act 2011 contains legislation that, subject to a Ministerial Commencement Order, provides for the extension of betting duty to remote bookmakers and betting exchanges. The tax changes provided for in the Finance Act can only be implemented once the Betting (Amendment) Bill, which will provide for a regulatory and licensing regime, is enacted. The Betting (Amendment) Bill 2011 is currently at an advanced stage of drafting. The proposed licensing regime will make it a condition of the licence for the operator to collect the betting duty with the licensed operators being liable for payment of the duty. It is expected that by including this high-growth area of the betting sector, particularly given the increasing prevalence of smart phones, the tax base from betting will be boosted significantly. In a full year it is expected that the tax yield could grow up to €20 million depending on the prevailing market conditions.

Just as important is the positive signal this measure will convey to international betting operations that have expressed an interest in or have already invested in Ireland. A location with an appropriate licensing framework coupled with relatively low taxes provides real investment and employment opportunities in this sector.

State Banking Sector

Michelle Mulherin

Ceist:

12 Deputy Michelle Mulherin asked the Minister for Finance the reduction in the staffing including management of the Irish Bank Resolution Corporation Limited and of the partially State owned banks that has taken place in the years 2009, 2010 and 2011; and the details of same. [39166/11]

The following table sets out the information provided by the various institutions in relation to staff numbers in the relevant periods. The Deputy should be aware that there may be variations in how institutions calculate their respective headcounts. However, the year on year comparison in individual institutions is informative.

Staff Numbers in institutions that have received State aid.

Institution

2009

2010

2011

INBS

399

464

217 (June)

Anglo

1,681

1,332

1,075 (June)

IBRC

N/A

N/A

1,262 (October)

IL&P

2,227

2,184

2,159 (October)

AIB

24,681*

23,886*

13,831 (October)

EBS

668

644

669 (October)

BOI

14,947

14,284

14,004 (October)

*Includes BZWBK staff (9,361 in 2010)

Michelle Mulherin

Ceist:

13 Deputy Michelle Mulherin asked the Minister for Finance the reductions in pay that have been applied to staff including management of the Irish Bank Resolution Corporation Limited and of the partially State owned banks in the years 2009, 2010 and 2011 and the details of same. [39167/11]

As the Deputy will be aware, work is ongoing on a remuneration review in financial institutions covered by State guarantee. I have also stated that, when completed, I intend to place the details underpinning the review into the public domain. As part of that commitment, I recently released comprehensive details of the bonuses paid at Anglo Irish Bank since 2008 and committed out to 2012. I am currently reviewing the remaining work that needs to be undertaken to complete the exercise as expeditiously as possible and then to publish the appropriate findings. However, the table below sets out the information provided by the various institutions in relation to reductions in pay in the relevant periods. It should be noted that where contractual arrangements exist it is generally not possible to break such arrangements unilaterally. The following table should address the Deputy's question:

Reductions in Salary

IBRC

No reductions in pay have been applied to staff including management of Anglo / IBRC in the years 2009, 2010 and 2011.The bank has not operated any performance-related bonus scheme since 2009 and no discretionary bonus payments have been paid since then.

PTSB

Staff: There have been no reductions in salary rates for bank staff.Executives & Senior Managers: There has been no change to salaries paid to executives and senior managers for 2008 to 2010.Since 2008 there have been no performance related bonus payments made to the bank executives.The performance related bonus payments for senior managers were reduced by 75% for 2008 and by the remaining 25% (to nil) for 2009 and no further payments for 2010.The suspension of Pay Related Performance payments which was contractual, has resulted in a reduction of circa 20% in gross pay for Executives and Senior Managers dependent on grade since 2008.In addition, the Bank decided in February 2009 to cease the payment of salary increments and cost of living pay increases to Managers and Staff.With the assistance of the LRC, a two year agreement was reached to pay an increase of 2.5% from 1st August 2009 and a further 2.5% from 1st August 2010 on salaries up to € 55,000. This agreement expired on 31st December 2010. The Company has not recommenced paying salary increments in 2011.

AIB

There has been a general salary freeze covering both performance related pay and increments since mid-2009. Average staff remuneration is estimated to have fallen by 12% since 2008 including a reduction in senior executive remuneration of 39%. Staff remuneration was further reduced by the introduction of pension contributions of 5% of salary for members of the Defined Benefit Pension Scheme.

EBS

The annual salary review process ceased in 2009. The CEO’s salary has reduced by over 22% from €490,000 to €380,000. Staff remuneration was reduced by the increase of pension contributions from 5% up to 10% of salary, while Managers pension contribution increased from 5% up to 15% of salary.

BOI

Staff related costs are reducing reflecting lower numbers employed by the Group, continued remuneration restraint and the steps taken in 2010 to deal with the structural deficit in our pension funds, [which involved all staff on defined benefit pension schemes agreeing to material reductions in their pension benefits]. This is reflected in the reduction in staff costs from €1.067bn in 2009 to €1.010bn in 2010 and to €0.444bn for the 6 month period to June 2011.

National Asset Management Agency

Michelle Mulherin

Ceist:

14 Deputy Michelle Mulherin asked the Minister for Finance the restrictions affecting the ability of the National Asset Management Agency companies and borrowers to re-finance with financial institutions and investors located outside this jurisdiction. [39169/11]

I am advised by NAMA that there is no restriction on NAMA borrowers, whether they be individuals or companies, refinancing themselves with financial institutions and investors located outside this jurisdiction subject to the refinancing proposal being commercially viable from NAMA's perspective.

FÁS Training Programmes

Finian McGrath

Ceist:

15 Deputy Finian McGrath asked the Minister for Education and Skills the position regarding a FÁS course in respect of a person (details supplied) in Dublin 3. [39086/11]

I understand that FÁS records show that the person in question completed a Computer Basics Course and then progressed to an ECDL course. She then applied for the Computer Applications & Office Skills course when she was only four weeks into the ECDL course. She subsequently cancelled her application for the Computer Applications & Office Skills course in favour of applying for the Pharmacy Sales Traineeship. Unfortunately however, she did not achieve a place on this Traineeship. I am informed that the person in question then reactivated her application for the Computer Applications & Office Skills course and was offered a place on the Computer Applications Course, commencing 28th November, 2011, but that she did not accept this place.

Special Educational Needs

Nicky McFadden

Ceist:

16 Deputy Nicky McFadden asked the Minister for Education and Skills if further resource hours will be allocated to a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [39072/11]

The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. The number of resource hours available per category of disability are set out in Circular 02/05. Circular 37/2011 also provides information to schools regarding the arrangements which are being put in place for the 2011/12 school year for the allocation of Resource Teaching hours for children with assessed special educational needs.

In relation to the allocation of individual Resource Teaching hours, the position is that for the 2011/12 school year an allocation of 90% of valid identified resource teaching allocations has been made by the NCSE to schools in order to provide schools with the majority of their allocation, while also preserving enough capacity to deal with all of the applications received and to ensure that the Department of Education and Skills can remain within Employment Control Framework obligations. The NCSE has recently published statistical information in relation to the allocation of SNA posts and resource teaching hours to Primary, Special and Post Primary Schools. The information is provided on a county by county and school by school basis on its website at www.ncse.ie. The school referred to by the Deputy has an allocation of 1 SNA post and 41 Resource Teaching Hours.

In relation to the provision of SNA support, it should be noted that SNAs are a school based resource and the allocation of SNAs to a school are subject to change over time. For example, children may have diminishing care needs or some children in a school may progress on to second level. Allocations are made by SENOs who have considerable professional experience and formal qualifications in the assessment of children with special educational needs. The allocation of SNAs, while allocated on the basis of an assessed need of an individual child, are allocated to the school and should be deployed with discretion by the school in a manner which best meets the support requirements of all the children. If the parent concerned feels their child has experienced a regression due to changes in the school's overall SNA allocation they should raise this matter directly with the Principal and the local SENO.

Schools Building Projects

Tom Fleming

Ceist:

17 Deputy Tom Fleming asked the Minister for Education and Skills if he will provide a progress report on all applications received for new primary schools in County Kerry; and if he will make a statement on the matter. [39082/11]

Tom Fleming

Ceist:

18 Deputy Tom Fleming asked the Minister for Education and Skills if he will provide a progress report on all applications received for new secondary schools in County Kerry; and if he will make a statement on the matter. [39083/11]

I propose to take Questions Nos. 17 and 18 together.

Applications have been received from 7 primary and 1 post primary school in County Kerry for new school buildings. Details are attached for the Deputy's convenience. The current status of all projects on the school building programme, including those in Co Kerry, may be viewed on my Department's website at www.education.ie and this will be updated regularly on an ongoing basis.

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 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.

County

Primary/Post primary

Roll No

Name and address

Kerry

Primary

09260B

SN Lios Teilic Traili

Kerry

Primary

16217O

An Bhreac Chluain B Annascaul

Kerry

Primary

16898S

SN Breandan Naofa, Cathair Ui Mhodhrain Traili

Kerry

Primary

20013U

Gaelscoil Lios Tuathail Lios Tuathail

Kerry

Primary

20112W

Caherciveen NS Caherciveen

Kerry

Primary

20158A

Tralee Educate Together NS Collins Sandes House Tralee

Kerry

Primary

20229U

Nagle Rice Primary School Milltown Killarney

Kerry

Post Primary

61410N

Presentation Secondary School Milltown

School Staffing

Patrick Deering

Ceist:

19 Deputy Pat Deering asked the Minister for Education and Skills the average number of years that principals in primary school serve; and if he could give comparable figures for periods in the past. [39104/11]

The information as requested by the Deputy is not readily available in my Department. It would take a significant investment of IT and other staffing resources to obtain this information. It is not possible given that the resource priorities must be allocated to ensuring the payment of teaching and non teaching staff on payrolls operated by my Department to provide this information.

Higher Education Grants

Tom Fleming

Ceist:

20 Deputy Tom Fleming asked the Minister for Education and Skills if he will clarify the grant aid available to persons re-entering education on part time courses at third level. [39130/11]

Under the Student Grant Scheme, an approved course is defined as a full-time undergraduate course of at least two years duration or a full-time postgraduate course of not less than one year in duration pursued in an approved institution. Part-time programmes are not eligible for support under the Student Grant or Free Fees schemes. However, tax relief, at the standard rate of tax, is available on third-level tuition fees paid in respect of approved courses at approved higher education institutions including certain approved undergraduate courses in EU Member States and approved postgraduate courses in EU Member States and in non-EU countries.

In addition, as part of the Government's Jobs Initiative, 6,000 part-time places are being funded through Springboard, a specific initiative targeted at unemployed people who have lost jobs in sectors where employment levels will not return and who will need new qualifications and skills. To be eligible for a place on a Springboard course an applicant must have a previous history of employment and, at the time of starting a Springboard course, must be unemployed and in receipt of Jobseeker's Allowance, Jobseeker's Benefit or One Parent Family Payment or be signing for contribution credits and be available and actively seeking employment. Full details regarding Springboard can be found on www.bluebrick.ie.

Departmental Bodies

Tom Fleming

Ceist:

21 Deputy Tom Fleming asked the Minister for Education and Skills if he will ensure town councillors are included in the representation of proposed ten local authority members on the new education and training boards, which will replace vocational education committees. [39131/11]

Earlier this year, following the approval of the Government, I referred the General Scheme of an Education and Training Boards Bill to the Joint Committee on Jobs, Social Protection and Education. This Bill is a substantial piece of legislation which will consolidate the existing nine Vocational Education Acts and will reflect the enhanced future role of the Sector. The Bill provides for the legal establishment of the Education and Training Boards, sets out the functions of the boards, taking account of the development of the sector over the years, and it facilitates further enhancement of the role of the sector into the future including its proposed role in relation to SOLAS. The Bill includes provides for the election of members of the Education and Training Boards.

The issue raised by the Deputy will be considered as part of my Department's engagement with the Joint Committee on Jobs, Social Protection and Education in giving interested parties and stakeholders an opportunity to consider the proposed Bill and to influence its final shape.

Departmental Expenditure

Tom Fleming

Ceist:

22 Deputy Tom Fleming asked the Minister for Education and Skills the total cost of having a school (details supplied) in County Kerry open, with no pupils attending, for the term after the summer holidays until its recent closure. [39132/11]

My Department was recently advised by the Patron's office for the school referred to by the Deputy that it was the Patron's intention to close the school with immediate effect. The Patron's office confirmed that this decision was taken as a result of demographic changes in the area and that demand no longer exists to support the viability of the school. Following confirmation of the Patron's decision the school principal was subsequently redeployed to a teaching post in a neighbouring school.

The day to day operating costs for all schools, including for the period prior to a closure, are dealt with at local school level rather than centrally within my Department. No grants are payable by my Department for the current school year in respect of this school. In relation to salary costs it is worth noting that the school principal was in a permanent post so was entitled to continue to be in receipt of salary while awaiting redeployment. During this period his role was to deal with any administrative work etc. associated with the school's closure.

Employment Support Services

John McGuinness

Ceist:

23 Deputy John McGuinness asked the Minister for Education and Skills the funding committed by the EU and Irish agencies relative to the European globalisation fund in respect of initiatives to be undertaken to support former workers from Dell, Waterford Crystal and SR Technics; the amount drawn down in each case; the amount of EU funding that was lost to the State and the employers involved; and if he will make a statement on the matter. [39134/11]

The total funding allocations for the following EGF programmes in support of eligible redundant workers in Ireland were as follows:

Dell: €22.8m (of which the EGF maximum 65% contribution is €14.8m and the national co-funded element is almost €8.0m)

Waterford Crystal: €3.96m (EGF €2.57m, national €1.39m)

SR Technics: €11.46m (EGF €7.45m, national €4.01m).

In addition to the main companies named, the ancillary enterprises comprehended by these programmes were:

Dell: Banta Global Turnkey, Irish Express Cargo, Sercom, RPS Engineering, Sodexho, Novostrat, Rehablogistics and Cube Printing

Waterford Crystal: Thomas Fennell Engineering Services, RPS Engineering and Abbey Electric

SR Technics: none.

An EGF Final Report and Statement of Eligible Expenditure are required to be submitted to the European Commission by the Irish authorities within 6 months of the end of the EGF implementation period. The first such report is for the Dell EGF programme and is due on 28 December 2011. It is only at that stage that final certified expenditure is notified to the European Commission and any unused funds identified where applicable.

The certification of final expenditure is ongoing and in this context, a number of claims from service providers are currently awaited or are being processed. As no EGF programme final report has yet been submitted to the EU, and no financial expenditure statements have yet been completed, any final EGF funding underspend has not yet been identified for these programmes. To date, on the basis of claims processed, my Department has paid out the following amounts on the three EGF programmes:

Dell: €6.46m

Waterford Crystal: €1.61m

SR Technics: €1.30m.

Whilst the Dell programme expenditure is expected to double, it is clear at this stage that final expenditure will be significantly less than was originally expected could be used on that programme. I have already begun an in-depth review of the way EGF programmes were developed and managed during the period of the previous Government, particularly in light of our experience with the three companies above, in order to inform future programmes. The review is well advanced and consultations with relevant parties are expected shortly. The findings will assist us in preparing new applications for EGF supports.

School Staffing

Seán Ó Fearghaíl

Ceist:

24 Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills if he will consider the matters regarding primary education raised in correspondence (details supplied); and if he will make a statement on the matter. [39165/11]

As you will be aware from the budget announcements, 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.

Schools Building Projects

Joe Carey

Ceist:

25 Deputy Joe Carey asked the Minister for Education and Skills the position regarding an application in respect of a school (details supplied); and if he will make a statement on the matter. [39180/11]

My Department is currently considering the application referred to by the Deputy and a decision will be conveyed to the school authority as soon as this process has been completed.

Pension Provisions

Joanna Tuffy

Ceist:

26 Deputy Joanna Tuffy asked the Minister for Public Expenditure and Reform his plans to conduct a review of the revised spouses and children pension scheme; if he will look at a situation whereby a single person who is working in the public service is obliged to contribute 1.5% of his or her salary to the scheme, regardless of marital status; the reason a person, who remains unmarried on retirement and thereafter, without a spouse or children, is not refunded his or her contributions to this particular scheme; and if he will make a statement on the matter. [39069/11]

There are no plans to make any changes with regard to contributions to existing spouses' and children's schemes. The Commission on Public Service Pensions examined the issue of compulsory membership in its Final Report on Public Service Pensions. It did not recommend any change in the rules providing for automatic membership of the spouses' and children's schemes, nor in the refund arrangements for membership contributions.

Public service spouses' and children's schemes are structured on a group insurance basis and the member contribution rates take account of the fact that payment of benefits will not arise in respect of all members. If cessation or refund of contributions (other than in respect of contributions exceeding forty years) were to be permitted on the basis that no benefits were going to arise, this would weaken the integrity of the schemes and could undermine fundamentally the financing of the schemes.

It is generally not possible to determine that a person will never benefit from such schemes as they provide cover for marriages and civil partnerships after retirement, and adopted children and stepchildren are also covered. Also, there is now a wider range of scheme beneficiaries under the schemes than heretofore. For example, in relation to civil partnerships, Section 99 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 provides that a benefit under a pension scheme that is provided for the spouse of a scheme member is deemed to provide equally for the civil partner (as defined in the Act) of such a person.

Brian Walsh

Ceist:

27 Deputy Brian Walsh asked the Minister for Public Expenditure and Reform the number of persons who availed of the incentivised scheme for early retirement and are now aged under 60; and if he will consider bringing forward payment of the balance of the lump sum in these instances in view of the unforeseen impact that the public service pension levy and the introduction of the universal social charge have had in many of these cases. [39125/11]

Information regarding the total number of retirees from the Civil/Public Service under the Incentivised Scheme of Early Retirement (ISER) who have not yet reached age 60 is not available in my Department. However, for the Civil Service for which I have direct responsibility, it is estimated that there are approximately 730 ISER retirees under the age of 60. The total amount of the retirement lump sums due to be paid to this group is estimated at almost €60 million. The terms of the Scheme provide that the balance of the retirement lump will be payable upon the retiree reaching his/her normal preserved pension age. There is no provision in the Scheme to allow payment to be brought forward.

Departmental Staff

Clare Daly

Ceist:

28 Deputy Clare Daly asked the Minister for Public Expenditure and Reform if he will issue guidelines to all Departments and statutory bodies advising that when advertising job vacancies they make it known to the public if the post being advertised is new or if it is a vacancy of a post that previously existed as a fixed-term contract. [39114/11]

In general, when a Department or statutory body is advertising a job vacancy, good recruitment practice requires that information be made available to candidates via a public advertisement including the nature of the position, whether it is full time or part time, the nature of the duties, the educational and work experience requirements.

The circumstances giving rise to the vacancy are of no relevance to the recruitment process and accordingly I see no need to issue guidelines as suggested by the Deputy.

Departmental Properties

Peadar Tóibín

Ceist:

29 Deputy Peadar Tóibín asked the Minister for Public Expenditure and Reform, further to Parliamentary Question No. 74, if he will identify the three properties which have accommodation unallocated; the start and end date of each of the leases; the cost of each lease; if there is any penalty outlined from the cancellation of each lease; and if each lease contains a renegotiation clause. [39156/11]

The Office of Public Works leases 337 office buildings, of which, 3 have accommodation which is presently unallocated. The 3 properties concerned are: (1) Westward Town Centre, Sligo, (2) Phoenix House, Dublin 8 and (3) Irish Life Centre, Block 1, Dublin 1.

Address

Rent Per Annum

Lease Commencement Date

Unallocated Since

Westward Town Centre, Sligo, Co Sligo

€31,000.00

13-07-1992

Unallocated since March 2010

Phoenix House, Conyngham Road, Dublin 8

€365,000.00

08-02-1999

Unallocated since August 2011

Irish Life Centre, Block 1, Lower Abbey Street, Dublin 1 (5th floor)

€215,000.00

01-07-1977

Unallocated since December 2010

The Office of Public Works (OPW) will be surrendering the leases on Westward Town Centre and the Irish Life Centre in 2012. As these properties are surplus to requirements, it was not considered appropriate to incur the cost of refurbishment and moving other clients into these spaces.

OPW will be allocating space in Phoenix House in early 2012.

The cost of rent involved in these three leases represents of the order of 0.006% of the rent associated with office buildings leased by the Office of Public Works.

Work Permits

Jim Daly

Ceist:

30 Deputy Jim Daly asked the Minister for Jobs, Enterprise and Innovation if he will reconsider a refusal of a work visa taking into account that the specific employment offered is full time and highly skilled, with a scarcity of suitable applicants living here; and if he will make a statement on the matter. [39088/11]

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

I wish to advise the Deputy that, following completion of the appeals process, a Green Card permit has now issued in this case.

Planning Issues

Patrick O'Donovan

Ceist:

31 Deputy Patrick O’Donovan asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 369 of 29 November 2011, if in a situation in which a property management company has gone into liquidation and the housing estate has not been taken in charge by the local authority, he will confirm that the legal responsibility for the ongoing maintenance and carrying out of repairs lies with the liquidator. [39161/11]

The main legislative provisions governing liquidation under the Companies Acts are Part VI of the Companies Act 1963, Part VI of the Companies Act 1990 and Part 5 of the Company Law Enforcement Act 2001. In general the liquidation of a company is the process whereby the assets of a company are collected and disposed of and the resulting proceeds are applied, if there are sufficient funds, in discharging all its debts and liabilities. The balance, if any, which remains after paying the costs and expenses of a liquidation is distributed among the members of the company according to their rights and interests or as set out in the company's constitutional documents.

Under company law a liquidator can be appointed either by the company's members, its creditors or by a Court depending on the type of liquidation being carried out (i.e. members or voluntary winding up, creditors winding up, or court or compulsory winding up). In a liquidation, as a matter of law, the priority of a company's creditors is as follows:

the Revenue Commissioners, in respect of deductions from employees' salaries in respect of social welfare contributions of employees;

the Revenue Commissioners in respect of PAYE and VAT, in respect of moneys recovered from the holder of a charge which includes a fixed charge over book debts;

creditors secured by a pledge, lien, mortgage or fixed charge in respect of assets the subject of such security;

creditors whose debts are preferential payments under section 285 of the Companies Act 1963, as amended, and other complementary legislation;

creditors secured by a floating charge in respect of assets the subject of such security; and

unsecured creditors.

Additionally there are the relevant Court Rules which contain the administrative winding up rules for companies.

Responsibility for legislation in relation to property management companies is a matter for my colleague the Minister for Justice and Equality.

The interpretation of the law as it relates to liquidators is a matter for the Courts and I have no direct function in this regard.

Skills Shortages

Tom Fleming

Ceist:

32 Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation his views on the fact that there is a global skills shortage in micro-electronics circuit design and that Ireland has the opportunity to position itself as a location of choice for global players through focusing increased resources on micro-electronics circuit design research in universities and institutes. [39194/11]

The micro-electronics sector is well positioned to support Ireland's economic recovery efforts. There are several multinational micro-electronic companies based in Ireland including Intel, Analog Devices and Xilinx, as well as a small but growing base of indigenous companies. IDA Ireland continues to secure significant wins in FDI investment, a significant portion of which is due to the strong research base that Ireland has built up primarily through Science Foundation Ireland and the Programme for Research in Third-level Institutions over the past decade. There is a very strong human capital capacity in the micro-electronics sector in Ireland, which reinforces our offering to FDI companies while also simultaneously enhancing our tradition of excellence in this area.

The micro-electronics industry in Ireland has become much more high-value over the last decade. There is a high demand globally for skilled electronic engineering graduates including for micro-electronics circuit design work- especially for persons with several years' experience. The Irish approach to promoting interaction between universities and industry in the field of microchip design has been recognised by the prestigious Institute of Electrical and Electronics Engineers as the best in the world. The required skill sets are best developed in a semiconductor environment through in-company professional development programmes as well as public and private funded research programmes such as the Micro-electronic Competence Centre in the Tyndall National Institute, Cork and the NUI Maynooth Competence Centre in Micro-electronics. These initiatives are directly supported by Enterprise Ireland and IDA Ireland — and build on the collaborative strengths of both industry and academia.

Job Creation

Tom Fleming

Ceist:

33 Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation the strategy he has to progress the growing craft industry here. [39198/11]

The Crafts Council of Ireland, funded by my Department through Enterprise Ireland, is the economic development organisation for the crafts industry in Ireland. The Crafts Council's Strategic Plan 2010-2012 sets out a challenging programme of activity with its main focus on developing and growing the craft industry in Ireland. The Crafts Council works closely with my Department and other organisations in ensuring that the role of the crafts industry in Ireland as a contributor to economic growth is recognised and supported. In pursuit of the objectives outlined in its Strategic Plan, the Crafts Council engaged and consulted with all the support agencies in January last as part of the Year of Craft 2011 Craft Summit. The outputs from this summit have provided strategic focus for the delivery of the Strategic Plan 2010-2012.

Four main strategic objectives have been identified, each with associated areas of focus, together with an operational plan. The four main strategic objectives of the Strategic Plan 2010-2012 are as follows:

Developing the market for Irish Craft;

Building the next generation of craftmakers;

Raising awareness of Irish Craft; and

Strengthening the member organisations of the Crafts Council.

The Crafts Council is committed to developing market opportunities for Irish craft, through two strands of activity — developing market channels and developing craft enterprises. The Council believes that building the next generation of craftmakers through a range of education initiatives is critical to the future of the Irish craft industry and carries out a number of activities in this regard. The Council aims to raise awareness of Irish craft in order to encourage demand for Irish craft products and adopts a focused approach to promoting Irish craft to achieve this objective. The member organisations of the Crafts Council play an important role in enhancing the awareness of Irish craft and the skills of craftmaking and the Council works closely with its member organisations for the overall benefit of Irish craft.

The ongoing implementation of the Council's strategic plan in cooperation with a range of public and private partners in education, enterprise, tourism and culture at local and government level will ensure that the craft sector will continue to grow and provide employment in our economy.

Redundancy Payments

Charlie McConalogue

Ceist:

34 Deputy Charlie McConalogue asked the Minister for Social Protection when redundancy payment will issue to a person (details supplied) in County Donegal; and if she will make a statement on the matter. [39068/11]

A redundancy lump sum claim in respect of the person concerned was received on 26 July 2011. Redundancy lump sums claims received at the start of May 2011 are currently being processed.

Pension Provisions

James Bannon

Ceist:

35 Deputy James Bannon asked the Minister for Social Protection the reason a person (details supplied) in County Longford has not received details requested relating to outstanding PRSI payment, which he disputes and which are impacting on his right to a contributory State pension; and if she will make a statement on the matter. [39149/11]

The person concerned has outstanding PRSI liabilities in respect of the years 1991/92, 1994/95 and 1995/96. Details of the outstanding amounts were provided to him on 28 September 2011. It is a condition of the State Pension (Contributory) scheme that all self-employment PRSI contributions due by an individual have been paid before entitlement to the pension can be determined.

Social Welfare Appeals

Pat Breen

Ceist:

36 Deputy Pat Breen asked the Minister for Social Protection further to Parliamentary Question No. 60 of 26 October 2011, when a decision will issue on an application for farm assist in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [39071/11]

Further to my response to PQ Ref. No. 31614/11 on 26 October 2011, I am advised by the Social Welfare Appeals Office that the appeal, by the person concerned, was assigned to an Appeals Officer for consideration on 13 October 2011. The Appeals Officer referred the case back to the Social Welfare Inspector for clarification on certain issues. The case was reassigned to the Appeals Officer on 25 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.

Brendan Griffin

Ceist:

37 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal for carer’s allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [39097/11]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence disallowed the appeal of the person concerned by way of a summary decision. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. Following the submission of additional evidence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised. 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.

Brendan Griffin

Ceist:

38 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the appeal for one parent family allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [39099/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21 December 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 2 December 2011 and the appeal will be assigned, in due course, 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. I have been advised by the Social Welfare Appeals Office that the reason for the inordinate delay in receiving these papers from the Department is that the case was under investigation by a Social Welfare Inspector.

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.

Paul Connaughton

Ceist:

39 Deputy Paul J. Connaughton asked the Minister for Social Protection when an appeal on a disability allowance will be finalised in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [39124/11]

Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was registered on 09 September 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 on 12 December 2011.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Pension Provisions

Joe McHugh

Ceist:

40 Deputy Joe McHugh asked the Minister for Social Protection if there is deliberation within her Department on the pension claims of community employment supervisors; and if she will make a statement on the matter. [39146/11]

Dan Neville

Ceist:

43 Deputy Dan Neville asked the Minister for Social Protection if she will review a matter (details supplied) regarding community employment supervisors. [39185/11]

I propose to take Questions Nos. 40 and 43 together.

I would like to refer the Deputies to my reply to questions 99, 89 & 102 dated 1 December 2011 on this matter. The position remains unchanged.

Social Welfare Appeals

Tom Fleming

Ceist:

41 Deputy Tom Fleming asked the Minister for Social Protection if she will urgently process a jobseeker’s appeal or review application in respect of a person (details supplied) in County Kerry. [39175/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 1 December 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.

Redundancy Payments

Gerry Adams

Ceist:

42 Deputy Gerry Adams asked the Minister for Social Protection when a person (details supplied) will receive redundancy payment from the social insurance fund; and if she will make a statement on the matter. [39183/11]

A redundancy lump sum claim in respect of the person concerned was received on 12 July 2011. Redundancy lump sums claims received at the start of May 2011 are currently being processed.

Question No. 43 answered with Question No. 40.

Social Welfare Appeals

Ciaran Lynch

Ceist:

44 Deputy Ciarán Lynch asked the Minister for Social Protection when a determination will be made regarding an appeal for carer’s allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [39204/11]

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

Following the submission of additional evidence the Appeals Officer agreed to review the case and in light of the additional information has re-opened the appeal by way of granting an oral hearing. The person concerned will be informed when arrangements have been made.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Funding

Brendan Griffin

Ceist:

45 Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht the funding he provided to a festival (details supplied) in 2011; and if he will make a statement on the matter. [39181/11]

My Department provided grant-aid of €10,000 in 2011 to the festival referred to in the Deputy's Question to part fund the running costs involved.

Tourism Industry

Tom Fleming

Ceist:

46 Deputy Tom Fleming asked the Minister for Arts, Heritage and the Gaeltacht if he will consider locating a national centre of genealogy in Killarney House, which is to be refurbished in the new year; and if he will make a statement on the matter. [39199/11]

As the Deputy will be aware, I take a keen interest in genealogy issues and I am conscious of the potential for genealogical tourism around the country. However, I have no plans to develop a national centre of genealogy in Killarney House at this point in time.

Energy Conservation

Brian Stanley

Ceist:

47 Deputy Brian Stanley asked the Minister for Communications, Energy and Natural Resources if he will guarantee that all eligible households on the waiting list for the warmer homes scheme in County Mayo will have all the required work carried out by an agreed date. [39089/11]

Better Energy: Warmer Homes delivers a range of energy efficiency measures to households which are vulnerable to energy poverty. Energy efficiency improvements have been made in over 75,000 low-income homes to date under the programme. There are currently 8,546 homes nationwide on the Better Energy: Warmer Homes' waiting list, of which 770 are in County Mayo.

I published the Affordable Energy Strategy on 27 November 2011, which includes a commitment to reform the eligibility criteria of Better Energy: Warmer Homes in order to ensure that households experiencing extreme energy poverty are prioritised. This will take effect from 1 January 2012.

The Sustainable Energy Authority of Ireland (SEAI) is working towards a six-month timeframe for service delivery of homes that remain on the waiting list in all counties. Homes will be completed in the order in which they are allocated to Community Based Organisations, and subject to budgetary availability. Queries in relation to individual applications are an operational matter for the SEAI and a dedicated hotline for the scheme is available (Better Energy: Warmer Homes hotline — 1800 250 204). In addition, the SEAI has recently established a specific email address for queries from Oireachtas members which can be sent to oireachtas@seai.ie and will be dealt with promptly.

Broadcasting Services

Terence Flanagan

Ceist:

48 Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if there is an independent body or person appointed by legislation for a member of the public to turn to to deal with a complaint about RTE, as the national broadcaster, not reporting on a public interest matter on which it was notified; and if he will make a statement on the matter. [39144/11]

The Broadcasting Authority of Ireland (BAI) is the independent regulator responsible for the oversight of compliance in relation to broadcast content. It has a Compliance Committee which monitors and enforces compliance by broadcasters with various aspects of the relevant legislation relating to fairness, impartiality and enforcement of standards.

The Compliance Committee of the Broadcasting Authority of Ireland is an independent statutory body. It is charged with accepting complaints from the general public in relation to a range of issues relating to broadcasting content. The remit of the Committee includes issues relating to content broadcast by the national public service broadcasters, RTÉ and TG4. The grounds and procedures for making complaints are set out in Section 48 of the Broadcasting Act 2009.

Energy Conservation

Pat Breen

Ceist:

49 Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources his plans to introduce an energy efficiency scheme (details supplied); and if he will make a statement on the matter. [39182/11]

The Better Energy programme, which is administered by the Sustainable Energy Authority of Ireland on behalf of my Department, provides energy efficiency upgrades in privately owned homes. Since 2004, retrofitting measures in local authority housing are undertaken as part of the local authority-owned housing improvement works programme. This is a matter for the Minister for the Environment, Community and Local Government.

In 2011, the Department of the Environment, Community and Local Government consolidated its approach to improving standards in local authority-owned housing, focusing on the improvement of vacant properties and undertaking estate-wide improvement works.

The Programme for Government provides a commitment to roll out a Pay-As-You-Save (PAYS) retrofit scheme after 2013, which is anticipated to replace the existing grant supports in this area. PAYS is an innovative financing mechanism that will allow consumers to finance upgrades directly through the energy savings generated.

My Department has convened a project team to undertake preliminary analysis of the design of a PAYS model. I expect to be in a position to bring proposals to Government shortly. The potential application of a PAYS mechanism to local authority properties is being assessed as part of the analysis.

Tax Code

Finian McGrath

Ceist:

50 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding the non-principal private residence tax (details supplied). [39093/11]

The Local Government (Charges) Act 2009 broadened the revenue base of local authorities by introducing a charge on all non-principal private residences. The charge is payable by the owners of private rented accommodation, holiday homes and any other residential property that is not the owner's sole or main residence.

The Act defines residential property as including flats, apartments and bedsits. The charge is payable in respect of each unit of accommodation used, or suitable for use as a separate dwelling, whether or not any amenity or facility in the building or premises may be shared. The owner of a house split into a number of residential units is thus liable for the charge on each unit in that house.The view was taken when the Bill was being debated in the Oireachtas that this was the fairest approach. I have no plans at present to amend the charge on non-principal private residences in this respect.

Departmental Expenditure

Jack Wall

Ceist:

51 Deputy Jack Wall asked the Minister for the Environment, Community and Local Government the cost of the provision of fire services to County Roscommon; if he has applied for cover for the fire services in that area; the cost of the Army cover of the fire services; and if he will make a statement on the matter. [39075/11]

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of a premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of individual fire authorities under the provisions of the Fire Services Act 1981.

My Department supports fire authorities through the setting of general policy and guidance, and the provision of capital funding, including the recoupment (within the overall funding available) of costs incurred by fire authorities in relation to the approved purchase of fire appliances and equipment.

I understand from Roscommon County Council that the estimated cost of providing fire services in County Roscommon for 2011 is €2,916,738.

During a recent industrial relations dispute, in accordance with established procedures, a request was made via my Department for the assistance of the Defence Forces to ensure the continued provision of an emergency service to communities in Roscommon. In the event, the army was not mobilised to respond to any incidents in the county during the dispute. I understand that a Labour Court ruling, following a hearing on 2 December 2011, has provided a basis for resolving the dispute.

The costs associated with the request for contingent fire cover will be prepared by my colleague, the Minister for Defence, but I understand they are not available at present.

Tom Fleming

Ceist:

52 Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will cover the cost of replacing or upgrading septic tanks, when households are not in a position to do so themselves. [39090/11]

Tom Fleming

Ceist:

53 Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government the person who will cover the cost of replacing or upgrading septic tanks, when households are not in a position to do so themselves; and if he will make a statement on the matter. [39091/11]

Tom Fleming

Ceist:

54 Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if grants will be made available to cover the cost of replacing or upgrading septic tanks in view of the fact that many households will not be in a position to do so themselves; and if he will make a statement on the matter. [39092/11]

I propose to take Questions Nos. 52, 53 and 54 together.

The Water Services (Amendment) Bill 2011, which provides for the establishment of a system of registration and inspection of septic tanks and other on-site systems, was published on 3 November 2011. The majority of systems that will be inspected are likely to be working well. It is expected, therefore, that only a minority of systems inspected will require major upgrading or replacement of a system. The costs of this are difficult to quantify and will depend on the nature of the problem identified during the inspection and the level of risk to human health or the environment.

My Department will keep under review options to provide financial support to house holders whose domestic waste water treatment systems are deemed, following inspection, to require substantial remediation or upgrading. Any such support would have to take account of the overall very difficult budgetary situation.

Proposed Legislation

Sandra McLellan

Ceist:

55 Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government the reason there is no legislation to cover housing transfers from one local authority to another; his plans to amend the current legislation to address this; and if he will make a statement on the matter. [39115/11]

There is no specific housing legislation in relation to households that wish to transfer from housing provided by one housing authority to that of another authority. I am aware that some authorities facilitate mutual transfers on an informal basis. I am not aware of particular issues arising in this area but I will keep the matter under review in the context of future housing legislation.

Social and Affordable Housing

Sandra McLellan

Ceist:

56 Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government the reason a person on supplementary benefit does not meet the criteria to apply for social housing; the steps he will take to rectify this; and if he will make a statement on the matter. [39118/11]

The eligibility criteria for persons to receive social housing support are set out in regulations made under section 20 of the Housing (Miscellaneous Provisions) Act, 2009. Under these regulations a person may or may not be eligible for social housing support while in receipt of supplementary benefit, depending on the individual household circumstances.

Sandra McLellan

Ceist:

57 Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government the current waiting time for an offer of social housing from when an application is processed to when an offer is made; his views that an answer of eight years from one local authority is acceptable; the steps he will take to reduce that eight-year waiting list; and if he will make a statement on the matter. [39122/11]

Tom Fleming

Ceist:

60 Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government the way he proposes to address the volume of applications for local authority housing throughout the country; and if he will make a statement on the matter. [39176/11]

I propose to take Questions Nos. 57 and 60 together.

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. Data on the length of time on the waiting list, broken down by local authority, are available at Table A 6 of the assessment. A consequence of the significant increase in the numbers of households applying for social housing support in the last three years is an increase in the length of time that it takes for an applicant household to be allocated support.

The Government's new housing policy statement, published in June 2011, will serve as a framework for a sequence of legislative and policy initiatives in the short to medium term. Based on a number of fundamental principles and goals that will form the foundation of a substantial reform programme, the new framework for housing policy responds to current and emerging conditions in the housing sector, taking account of the dramatic cycle of rapid growth and sudden collapse in the residential property market. The centrepiece of the approach is to chart a way forward for housing policy in Ireland by placing greater emphasis on:

choice;

equity across housing tenures; and

delivering quality outcomes for the resources invested.

In terms of the delivery of social housing, the policy statement clearly identifies that the main focus in terms of supports provided by Government will be on meeting the most acute needs — the housing support needs of those unable to provide for their accommodation from their own resources. The financial parameters within which we will be operating for the coming years rule out a return to very large capital funded construction programmes by local authorities. Nevertheless, we are committed to responding more quickly and on a larger scale to social housing support needs through a variety of mechanisms including through increased provision of social housing.

Delivery of social housing will be significantly facilitated through more flexible funding models such as RAS and leasing, but the Government is also committed to developing other funding mechanisms that will increase the supply of permanent new social housing. Such mechanisms will include options to purchase, build to lease, the sourcing of loan finance by approved housing bodies for construction and acquisition. There is also obvious potential, across a range of housing programmes, for the Government's objective of sourcing and providing suitable residential units for use as social housing to be aligned with the commercial objectives of the National Asset Management Agency (NAMA).

Water and Sewerage Schemes

Tom Fleming

Ceist:

58 Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government the submissions made by Kerry County Council to his Department regarding proposals for Scartaglen village sewerage scheme in the past 30 years, preliminary reports for the scheme and identification of a suitable site; the stage of priority it has been on in any programmes submitted to his Department in that time; if he will request Kerry County Council to provide a schedule of investigation regarding engineering investigations for the scheme, site visits, negotiation for sites for treatment plants and the total cost of these exercises to date; and if he will make a statement on the matter. [39129/11]

The planning and construction of new water and wastewater infrastructure, including the design and location of all components of a scheme are a matter for the relevant local authority, in this case Kerry County Council.

For the past decade, my Department has adopted a multi-annual approach to the funding of water services infrastructure through the Water Services Investment Programme. Assessments of needs conducted by local authorities are a key impact to the development of these programmes. Following the submission of such assessments by Kerry County Council, the Kerry Villages Sewerage Scheme, which proposed to provide sewerage infrastructure for 14 villages in County Kerry, including Scartaglen, was first included in the Water Services Investment Programme 2002-2004 as a scheme to advance through planning with an estimated cost of €7,750,000. The Kerry Villages Sewerage Scheme was included in four subsequent Water Services Investment Programmes as a scheme to start during the period of these programmes.

However, the scheme did not progress and a Preliminary Report in respect of the Scartaglen Sewerage Scheme has not been submitted to my Department by Kerry County Council. Neither Scartaglen nor the Kerry Villages Sewerage Scheme were included the Assessment of Needs submitted by Kerry County Council in response to my Department‘s request in 2009 to all local authorities to review and prioritise their proposals for new capital works in their areas. The 2009 assessment of needs was a key input to the development of the current Water Services Investment Programme 2010-2012 which aimed to prioritise projects that target environmental compliance issues and support economic and employment growth. Inevitably, as a result of this comprehensive review, certain projects that had been previously proposed had to give way to others that were more strategically important at that time. Progress under the Water Services Investment Programme 2010-2012, was reviewed earlier this year and through this process, consideration was given to any newly emerging priority contracts and schemes submitted by local authorities for addition to the Programme. No proposal for the Scartaglen Sewerage Scheme was received from Kerry County Council in response to the review process.

Community Development

Michelle Mulherin

Ceist:

59 Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government if funds were available or ring-fenced for distribution to the designated new RAPID areas (details supplied) for the projects approved by the area implementation teams when in December 2009 the previous Government confirmed its approval for disbursements from the Dormant Accounts Fund for a once-off measure up to the value of €1.25 million, or at the time the projects were approved by Pobal in December 2010 and, if so, the reason payments were not made; and if he will make a statement on the matter. [39163/11]

Under Government Accounting procedures, disbursements on Dormant Accounts measures are paid in the first instance "up front" from a Department's Vote in the same way as with any other spending programme. My Department has to source funding for Dormant Accounts programmes from our Exchequer allocation in the annual Revised Estimates Volume.

I can confirm that no funds were allocated or ringfenced to meet the costs of the projects referred to in the question at any time. The Dormant Accounts capital budget for my Department for 2011 was fully committed to existing projects and the matter of progressing the projects in the new RAPID towns to contract stage will be kept under active review in the light of availability of funding in 2012.

Question No. 60 answered with Question No. 57.

Proposed Legislation

Finian McGrath

Ceist:

61 Deputy Finian McGrath asked the Minister for Justice and Equality if he will respond to correspondence regarding upward-only rent clauses (details supplied). [39098/11]

In my replies to Parliamentary Questions over the course of the last month or so I indicated that I would shortly be in a position to provide some additional clarity as to my intentions in relation to the upward only rent review issue which is the subject of the letter to which the Deputy refers. The Deputy will be aware from yesterday's Budget speech that the Government has decided, with considerable regret, that it is not possible to proceed with this legislation.

The proposals which I brought to Government earlier this year had the aim of providing relief for tenants whose businesses might otherwise be viable were it not for the fact that they were paying rents significantly above prevailing market levels. However, it was clear from consultations with the Attorney General that this particular approach gave rise to significant constitutional difficulties. It was also clear that any legislative scheme involving interference in the contractual relationship of private parties would face severe challenge. To enhance the ability of any legislation in this area to survive a Constitutional challenge, the Government would be liable for the payment of compensation to landlords, without any regard to the financial circumstances of those landlords, and without any guarantee that payment of such compensation would render the legislation in question proof against a challenge. In that context and given the current economic circumstances, the Government was strongly of the view that payment of compensation was not defensible.

In an attempt to alleviate some of the pressure on those tenants whose landlords are in the NAMA process, my colleague the Minister for Finance spoke yesterday of the role that NAMA can play in dealing with the problems caused by upward only rent reviews which apply to NAMA properties.

I welcome NAMA's pragmatic approach to this matter and I would hope that those landlords who have yet to engage with their tenants will emulate it.

Departmental Funding

Finian McGrath

Ceist:

62 Deputy Finian McGrath asked the Minister for Justice and Equality if he will ensure that funding is not cut to People with Disabilities Ireland; and to support the Kerry Network of People with Disabilities. [39155/11]

Minister of State at the Department of Justice and Equality (Deputy Kathleen Lynch): It has been decided that funding to People with Disabilities in Ireland (PwDI) must cease at the end of 2011.
On the basis of a value for money review, it has been clearly established that the vast majority of the money allocated to PwDI is being spent disproportionately. The largest proportion of PwDI's annual budget has been spent over the last number of years on the operation of its office headquarters and on administration rather than on the development of projects which would directly benefit people with disabilities. This was an untenable situation that could not be allowed to continue as people with disabilities were benefiting very little from the allocation in real terms. However, there is no reason why the local PwDI networks around the country should not continue to be active as volunteer bodies and continue their work with people with disabilities.
It is my wish to ensure that people with disabilities directly benefit from any money allocated to this sector. With this in mind, I am currently overseeing the finalisation of a major Value for Money and Policy Review of Disability Services in the Department of Health to ensure that existing funding allocated for people with disabilities is spent to best effect. I am also interested in hearing what people with disabilities have to say on issues affecting them. I recently established and am personally chairing a new National Disability Strategy Implementation Group to develop and progress disability strategy. The new group includes representation from a number of disability stakeholder organisations and also a number of people with disabilities who will be able to bring their lived experience directly to bear on the very important work of this high level group. This will ensure the voice and perspective of people with disabilities will continue to be heard in a more focused and cost effective way.
The Government must ensure in 2012, and continuing thereafter, that funding is allocated for maximum provision of services for people with disabilities, having regard to overall resource constraints which affect all sectors at this time.

Crime Prevention

Finian McGrath

Ceist:

63 Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding anti-social activity (details supplied). [39085/11]

I am informed by the Garda authorities that the location referred to is within the Clontarf Garda Sub-District. Local Garda management is aware of difficulties being experienced by local residents as a result of anti-social behaviour. Gardaí have contacted the person referred to by the Deputy in relation to this matter, and use has been made of the provisions of anti-social behaviour legislation.

A member of the local Community Policing Unit is allocated specifically to the area concerned. 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 has directed that additional patrols take place in the area. Local Garda management is satisfied that a full and comprehensive policing service is being delivered to communities 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.

Garda Vetting of Personnel

Terence Flanagan

Ceist:

64 Deputy Terence Flanagan asked the Minister for Justice and Equality if he will meet with a person (details supplied) regarding Garda vetting; and if he will make a statement on the matter. [39141/11]

As the Deputy will be aware, since becoming Minister I have demonstrated a particular interest in ensuring that the processing of vetting applications by the Garda Central Vetting Unit operates as efficiently and effectively as possible. I am grateful to the Deputy for bringing this matter to my attention and to the person concerned for their interest in this subject. If the person in question wishes to write to my Department with his proposal it will be given appropriate attention.

Citizenship Applications

Michelle Mulherin

Ceist:

65 Deputy Michelle Mulherin asked the Minister for Justice and Equality the position regarding an application for Irish naturalisation in respect of a person (details supplied) in County Dublin; and that their application be expedited. [39160/11]

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 June, 2008. 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. I can inform the Deputy that the 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.

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

Maureen O'Sullivan

Ceist:

66 Deputy Maureen O’Sullivan asked the Minister for Justice and Equality when legislation will be introduced to enable gardaí to prosecute employers who commit forced labour, which will also provide protection to victims, and which will give greater powers to labour inspectors in view of the fact that Ireland, as a signatory to the European Convention on Human Rights continues to be in breach of international legal obligations; and if he will make a statement on the matter. [39187/11]

Firstly, I should say that there has been no ruling that Ireland is in breach of the European Convention on Human Rights for not having legislation to criminalise forced labour. 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.

Registration of Title

Tom Fleming

Ceist:

67 Deputy Tom Fleming asked the Minister for Justice and Equality if he will provide a person (details supplied) in County Kerry with a map of bogland area stretching from Glounlea Currow via Inchicorrigane, Kilcummun and extending west to Knockataggle outlining the names and folios of plot owners; and if he will make a statement on the matter. [39201/11]

I am assuming that the Deputy is referring to a land registration map. I am asking the Property Registration Authority to make direct contact with him, via the e-mail service for T.D.s and Senators, setting out the method through which his constituent can obtain the information sought.

Departmental Investigations

John Browne

Ceist:

68 Deputy John Browne asked the Minister for Defence if he will have a complaint (details supplied) fully investigated as a matter of urgency. [39061/11]

I have requested the military authorities to enquire into the specific matters raised in the correspondence referred to. I will respond to the Deputy directly on the matter when this information is received by me.

Departmental Expenditure

Jack Wall

Ceist:

69 Deputy Jack Wall asked the Minister for Defence if permission has been sought from Roscommon County Council to provide emergency fire cover in the county as a result of the dismissal of 27 firemen; if so, if he will outline the cost of that provision; the number of personnel that may be provided; the period of time that the provision of cover is envisaged; and if he will make a statement on the matter. [39074/11]

Last month, in the context of an ongoing dispute and in accordance with procedures in place, a request was received by my Department from the Department of Environment, Community & Local Government for the Defence Forces to provide assistance to Roscommon County Council in the maintenance of essential fire services.

In total, 44 members of the Defence Forces were involved, including 31 fire fighters who were re-trained to ensure their Breathing Apparatus and Road Traffic Accident skills were current. Whilst Defence Forces personnel were available for deployment they were not called upon as the Roscommon Co. Council Fire Service was able to deal with all call outs from within its own available resources. The Defence Forces operation was stood down following settlement of the dispute on 2 December last.

Whilst the final cost of the Defence Forces involvement has yet to be established, it is estimated that it will be in the order of €25,000. It is the intention of my Department to recoup all costs from Roscommon County Council when the total figure is finally established.

Grant Payments

John Browne

Ceist:

70 Deputy John Browne asked the Minister for Agriculture, Food and the Marine when a single farm payment and REP scheme payments will be issued to a person (details supplied) in County Wexford. [39062/11]

An application under the 2011 Single Payment Scheme was received from the person named on 10 May 2011. After the satisfactory resolution of a number of over claim queries, processing of the application was finalised recently with full payment due to the applicant. Full payment under the Single Payment Scheme issued to the person named on 1 December 2011.

The person named commenced REPS 4 in January 2009 and received payment for the first two years of their 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 can issue. The administrative checks in respect of 2011 payments have been finalised and I expect that the 2011 payment of the person named will issue shortly.

Brendan Griffin

Ceist:

71 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a REP scheme payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [39077/11]

The person named commenced REPS 4 in November 2007 and received payments for the first four 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 can 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.

Fishing Industry Development

John Browne

Ceist:

72 Deputy John Browne asked the Minister for Agriculture, Food and the Marine in view of the fact that long-term sustainability of the mackerel fishery is seriously jeopardised by the actions of Iceland and the Faeroe Islands which together have unilaterally increased their share of north-east Atlantic catches from 4.6% in 2005 to 45.9% of the scientifically advised fishing opportunities for this stock in 2011, in defiance of all agreed management arrangements, if he will confirm that the interests of Irish mackerel fishermen will not be sacrificed by conceding either quota or access to EU waters for countries which have shown such flagrant disregard for the sustainability of a fishery vital to our interests; and if he will make a statement on the matter. [39112/11]

A third round of Coastal States negotiations on mackerel arrangements for 2012 is currently underway at the Department's offices in Clonakilty. The meeting involves the European Commission, Polish Presidency of the European Council and a range of interested Member States including Denmark, the United Kingdom, the Netherlands, Sweden, France, Poland, Germany and of course Ireland. It will also involve large delegations from Norway, Iceland, the Faroe Islands and Russia (as observers).

The meeting will try to bring a resolution to a long standing disagreement on the management of this highly important stock. Numerous attempts by the EU and Norway over the last number of years to bring Iceland and the Faroe islands into a fair and sustainable management framework for mackerel have failed.

Iceland , for the last three years and the Faroe Islands for the last two, have been operating unilaterally and their fishing levels, which will come to over 300,000 tonnes this year, are completely unsustainable and outside of normal internationally recognised management protocols.

The migration pattern and overall spatial distribution of mackerel over the past number of years has resulted in more mackerel being found in Icelandic and Faroese waters than before. There is no disputing the case for additional shares for both Iceland and the Faroe Islands but the big issue from my perspective is their inflated and unjustifiable demands for high shares of the stock.

There will be four key components of any likely deal, namely, the TAC level, access arrangements, percentage shares and the duration of any agreement. There will have to be trade offs and compromises made in order to achieve a long-term resolution.

A continuation of the current impasse will ultimately result in a depletion of the mackerel stock with resultant negative impacts for our fleet and the processors that depend on their catch.

Mackerel is also Ireland's most important fishery economically and while I am hopeful an agreement can be reached, I will not support it at any price. Any package must be fair and proportionate taking into account the track record of the fishery of the EU and Norwegian fleet and its migration patters mainly within EU and Norwegian waters. I will not support a compromise that makes available to either Iceland or the Faroes too high a share of the stock. These are critical issues for the Irish fishing industry and I will be closely monitoring progress at the discussions this week in order to protect the interests of the Irish industry.

Grant Payments

Tom Hayes

Ceist:

73 Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine when payment under the single farm payment scheme and the disadvantaged area scheme will issue to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [39119/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 16 May 2011, following processing of which an over-claim was identified on one of the 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 shortly thereafter.

Niall Collins

Ceist:

74 Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the position regarding payment of single payment entitlements to a person (details supplied) in County Kerry. [39120/11]

An application under the 2011 Single Payment/Disadvantage Areas Scheme was received from the person named on 11 May 2011, processing of which has recently been finalised, thereby allowing the 50% advance of the Single Payment to issue on 22 November 2011 and the 50% balancing payment to issue on 1 December 2011.

Denis Naughten

Ceist:

75 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the average hectare payment made under the single farm payment scheme on a county basis; the number of applicants in each county and the total acreage claimed; and if he will make a statement on the matter. [39184/11]

The following table gives details of the number of applicants paid, the total eligible area declared and average payment per hectare by county under the 2010 Single Payment Scheme:

County Name

Number of Applicants

Total Eligible Area (hectares)

Average payment per hectare.

Carlow

1,633

66,694.58

€378.49

Cavan

4,729

124,143.76

€290.79

Clare

6,037

190,452.19

€255.09

Cork

12,827

490,776.42

€348.11

Donegal

7,909

251,551.89

€192.88

Dublin

633

28,718.07

€323.26

Galway

11,789

329,077.53

€245.90

Kerry

7,554

296,162.28

€199.79

Kildare

2,027

94,044.74

€344.72

Kilkenny

3,429

147,490.60

€384.60

Laois

2,912

107,870.35

€386.82

Leitrim

3,328

90,724.10

€193.84

Limerick

5,112

173,040.60

€307.81

Longford

2,352

64,052.26

€314.17

Louth

1,491

54,582.70

€372.88

Mayo

11,269

311,587.84

€194.50

Meath

3,662

149,828.27

€376.06

Monaghan

3,958

88,584.19

€354.22

Offaly

3,016

107,454.38

€345.14

Roscommon

5,657

146,296.13

€281.98

Sligo

3,904

108,072.19

€214.00

Tipperary

6,901

284,026.71

€362.52

Waterford

2,415

116,935.09

€342.44

Westmeath

2,919

105,692.85

€325.33

Wexford

3,996

165,066.03

€377.98

Wicklow

2,045

103,075.03

€274.08

Foster Care

James Bannon

Ceist:

76 Deputy James Bannon asked the Minister for Children and Youth Affairs the reason payments to foster carers are to be paid monthly in arrears from early 2012; and if she will make a statement on the matter. [39152/11]

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.

Departmental Funding

Joe McHugh

Ceist:

77 Deputy Joe McHugh asked the Minister for Health if he refunds local authorities for charges that they may incur in the removal of fatal victims from the scenes of accidents; and if he will make a statement on the matter. [39145/11]

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

Medical Cards

Michael Conaghan

Ceist:

78 Deputy Michael Conaghan asked the Minister for Health the position regarding the renewal of a medical card in respect of a person (details supplied) in Dublin 10; and if he will make a statement on the matter. [39066/11]

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

Michael Conaghan

Ceist:

79 Deputy Michael Conaghan asked the Minister for Health the position regarding the renewal of a medical card in respect of persons (details supplied) in Dublin 12; and if he will make a statement on the matter. [39067/11]

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

Health Service Allowances

Billy Timmins

Ceist:

80 Deputy Billy Timmins asked the Minister for Health the position regarding domiciliary care allowance in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [39070/11]

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

Health Services

Robert Troy

Ceist:

81 Deputy Robert Troy asked the Minister for Health the reason the out of hours Midoc service in Mullingar, County Westmeath, will cease providing driver cover from 1a.m. to 8a.m. the following morning from the end of December; and if he will make a statement on the matter. [39081/11]

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

Departmental Expenditure

Billy Kelleher

Ceist:

82 Deputy Billy Kelleher asked the Minister for Health the amount of money spent by him and the Health Service Executive this year on public relations advisers; the amount spent on public relations agencies; and if he will make a statement on the matter. [39095/11]

The information requested by the Deputy is not readily available within my Department but will be collated and forwarded to him as soon as possible.

Health Services

Terence Flanagan

Ceist:

83 Deputy Terence Flanagan asked the Minister for Health the position regarding home care companies (details supplied); and if he will make a statement on the matter. [39096/11]

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

Departmental Funding

Caoimhghín Ó Caoláin

Ceist:

84 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if, in view of recent increases in HIV prevalence among men who have sex with men, in particular men in the 18-29 age group, he will ensure the continuation of funding to the Irish Family Planning Association for a programme (details supplied) which aims to encourage young persons engage in the issue of HIV/AIDS and their own sexual health; and if he will make a statement on the matter. [39102/11]

Funding is provided directly from the European Union to the Irish Family Planning Association for this programme. Therefore I cannot ensure the continuation of funding.

The HSE is addressing the recent increase in HIV diagnoses among men who have sex with men and on World AIDS Day, the 1st of December, launched the first ever National HIV Prevention and Sexual Health Awareness Programme for men who have sex with men.

Accident and Emergency Services

Terence Flanagan

Ceist:

85 Deputy Terence Flanagan asked the Minister for Health if he will deal with a matter (details supplied) regarding an unsatisfactory service in the accident and emergency at Beaumont Hospital, Dublin; and if he will make a statement on the matter. [39103/11]

I am aware of the issue referred to by the Deputy and I have asked the HSE for a report on the matter. I will be in communication with the Deputy when I have the report to hand.

Medical Cards

Mattie McGrath

Ceist:

86 Deputy Mattie McGrath asked the Minister for Health the reason a general practitioner visit card was sent to a person (details supplied) in County Tipperary who had two months earlier received a full medical card that was valid until 2013; his views that this medical card should remain with the client for the period of time that it was issued; his further views that this constitutes an unacceptable error; his further views on the fact that this is the second such error that this Deputy has come across in the past month; the efforts he will make to ensure that no such errors are made in the future; and if he will make a statement on the matter. [39109/11]

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

Consumer Protection

Gerry Adams

Ceist:

87 Deputy Gerry Adams asked the Minister for Health if he has considered the damaging impact on persons' health caused by the below cost selling of alcohol; and if he will advocate measures to ban the below cost selling of alcohol. [39111/11]

A National Substance Misuse Strategy was established in 2009. It is examining the development of policy to deal with a wide range of key issues relating to the supply, pricing, availability and marketing of alcohol — including the question of a minimum price for alcohol — along with measures for the policy areas of prevention strategies, treatment, rehabilitation and substance dependency, research and information. The report of the Steering Group is close to completion. I expect to receive proposals in the coming months and I will then brief my colleagues in Government on these.

Medical Cards

Arthur Spring

Ceist:

88 Deputy Arthur Spring asked the Minister for Health when a person (details supplied) in County Kerry will receive a decision from the Health Service Executive with regards to their medical card review form which was submitted at the end of July 2011 and their medical card expired on 30 September 2011; and if he will make a statement on the matter. [39113/11]

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

Assisted Human Reproduction

Terence Flanagan

Ceist:

89 Deputy Terence Flanagan asked the Minister for Health his views on a matter (details supplied) regarding assisted human reproduction; and if he will make a statement on the matter. [39121/11]

I am pleased to inform the Deputy that my Department is refining policy proposals to regulate the area of Assisted Human Reproduction and related practices in Ireland. I will be examining the proposals with a view to submitting them to Government early next year. With regard to surrogacy, guidance notes are being prepared on an inter-departmental basis and are due to be published shortly.

Health Services

Mattie McGrath

Ceist:

90 Deputy Mattie McGrath asked the Minister for Health when orthodontic treatment will be provided for a person (details supplied) in County Waterford; the reason for the delay; his views that this delay is unacceptable; and if he will make a statement on the matter. [39126/11]

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

Services for People with Disabilities

Tom Fleming

Ceist:

91 Deputy Tom Fleming asked the Minister for Health if he will examine the need for additional funding and resources for speech and language services in County Kerry. [39128/11]

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

Hospital Services

John McGuinness

Ceist:

92 Deputy John McGuinness asked the Minister for Health if he will review a complaint made by a person (details supplied) in County Kilkenny relative to an incident at St. Luke’s Hospital on 6 September 2011; if there is any way to progress a reasonable outcome; and if he will make a statement on the matter. [39136/11]

I am not aware of the complaint that the Deputy refers to. As this is a service matter I have arranged for the question to be forwarded to the HSE for direct response to the Deputy.

Health Services

Noel Harrington

Ceist:

93 Deputy Noel Harrington asked the Minister for Health further to Parliamentary Question No. 134 of 6 April 2011, if he will report on the progress made in providing long-term residential care for a person (details supplied) in County Cork; if he will arrange for the senior official in charge of residential care placement in this area to meet with this person's parents and social workers; and if he will make a statement on the matter. [39140/11]

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.

Hospital Staff

James Bannon

Ceist:

94 Deputy James Bannon asked the Minister for Health the plans that have been made for the staff at St. Joseph’s Care Centre following the temporary closure of Our Lady’s unit, side 1, with patients being moved into the lodge and St. Theresa’s unit and the overall numbers at the centre now under 70; and if he will give a detailed breakdown of his plans for this facility. [39151/11]

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

Medical Cards

Mattie McGrath

Ceist:

95 Deputy Mattie McGrath asked the Minister for Health the reason a general practitioner visit card was issued to a person (details supplied) in County Tipperary who has held a medical card for the past 15 years on medical grounds; and if he will make a statement on the matter. [39157/11]

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

Niall Collins

Ceist:

96 Deputy Niall Collins asked the Minister for Health the position regarding an application for a medical card in respect of a person (details supplied) in County Limerick. [39162/11]

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

Tom Fleming

Ceist:

97 Deputy Tom Fleming asked the Minister for Health when a decision will issue in relation to a medical card application in respect of persons (details supplied) in County Kerry. [39170/11]

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

Tom Fleming

Ceist:

98 Deputy Tom Fleming asked the Minister for Health when a decision will issue in relation to a medical card application in respect of a person (details supplied) in County Kerry. [39171/11]

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

Nursing Homes Support Scheme

Tom Fleming

Ceist:

99 Deputy Tom Fleming asked the Minister for Health when a decision will issue under the nursing home support scheme in respect of a person (details supplied) in County Kerry. [39172/11]

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

National Lottery Funding

Tom Fleming

Ceist:

100 Deputy Tom Fleming asked the Minister for Health when a decision will issue in relation to a national lottery application in respect of a County Kerry-based charity (details supplied); and if he will make a statement on the matter. [39173/11]

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, and the Deputy will be informed of the outcome of the application as soon as a decision has been made.

Hospital Waiting Lists

Tom Fleming

Ceist:

101 Deputy Tom Fleming asked the Minister for Health the average waiting time for orthodontic treatment in County Kerry; the number of persons on the waiting list; the steps he proposes to take to address same; and if he will make a statement on the matter. [39174/11]

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

Medical Cards

Tom Fleming

Ceist:

102 Deputy Tom Fleming asked the Minister for Health when a decision will issue in relation to a medical card application in respect of a person (details supplied) in County Kerry. [39178/11]

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

Tom Fleming

Ceist:

103 Deputy Tom Fleming asked the Minister for Health when a decision will issue in relation to a medical card application in respect of a person (details supplied) in County Kerry. [39179/11]

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

Health Services

Bernard J. Durkan

Ceist:

104 Deputy Bernard J. Durkan asked the Minister for Health if a person (details supplied) in County Kildare who has plan D medical insurance is better advised to obtain public or private treatment in order to undergo surgery in the United Kingdom; and if he will make a statement on the matter. [39193/11]

The question of whether to seek public or private treatment, or to seek treatment abroad is a matter for the individual concerned and his Irish consultant.

The Health Service Executive operates a Treatment Abroad Scheme which allows for an Irish-based consultant to refer a patient who is normally resident in Ireland for treatment within the public health system in another EU/EEA member state or Switzerland, where the treatment in question meets certain criteria. The application to refer a patient abroad must be assessed and determination given prior to the patient availing of the treatment abroad.

Contact details and further information on the scheme can be found on the HSE website www.hse.ie link http://www.hse.ie/eng/services/Find a Service/entitlements/E112/.

Medical Cards

Tom Fleming

Ceist:

105 Deputy Tom Fleming asked the Minister for Health in relation to the 12-month period up to the discontinuation of medical card administration in County Kerry, the number of medical cards that were processed in that 12-month period in the following categories of medical cards under 70 years, over 70 years and renewals; the number of full medical cards granted; the number of GP visit only cards granted; the number of refusals and the average time to process each category of medical card application. [39195/11]

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.

Tom Fleming

Ceist:

106 Deputy Tom Fleming asked the Minister for Health since the formation of the primary care reimbursement scheme for medical card administration, the number of new medical card applications that have been received and if he will provide a breakdown of the number under 70 years and over 70 years category of applicants; the number of medical card renewals applied for and statistics regarding grants and refusals and breakdown of full medical card and GP visit cards granted; the average time to process each category of medical card; and if he is satisfied that the new centralised system is working satisfactorily. [39196/11]

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.

Mental Health Services

Tom Fleming

Ceist:

107 Deputy Tom Fleming asked the Minister for Health his views on observations recently by the inspector of mental health services of his serious concern that over-prescribing of benzodiazepine medication is occurring in in-patient settings and that this increase is likely to be due to the absence of therapeutic programmes resulting from the lack of appropriate staff; if he intends to address this staff shortage; and if he will make a statement on the matter. [39200/11]

The Mental Health Commission is an independent statutory body established under the Mental Health Act 2001 to promote high standards in the delivery of mental health services and ensure that the interests of those involuntarily admitted to Approved Centres are protected. In accordance with the Act, the Inspector of Mental Health Services is required to visit and inspect every approved centre annually and, as the Inspectorate think appropriate, to visit and inspect any other premises where mental health services are being provided.

I am aware that in a number of recent inspection reports the Inspector has highlighted the high incidence of the use of medication and has recommended that the practice be reviewed as a matter of urgency.

I am aware that the consumption of benzodiazepines in Ireland is high and tackling the inappropriate prescribing of benzodiazepines is a priority. It is intended to develop proposals to amend the Misuse of Drugs legislation to introduce stricter controls on benzodiazepines. In addition the HSE has been asked to look at prescribing patterns for benzodiazepines in order to identify those areas which are out of line with best practice.

Air Services

Brian Stanley

Ceist:

108 Deputy Brian Stanley asked the Minister for Transport, Tourism and Sport if it is his responsibility, and that of the Irish Aviation Authority, to measure the sound levels at a location (details supplied) in County Kilkenny. [39084/11]

My Department and the Irish Aviation Authority has responsibility for implementing European legislation relating to noise emissions from civil subsonic jet aeroplanes, which are large commercial jet aircraft. These regulations/directives apply to civil airports that have more than 50,000 movements of civil subsonic jet aeroplanes per year. As the aircraft using the airfield in Kilkenny are smaller aircraft, this airfield does not come within the scope of this legislation. On the basis of similar questions previously raised, it is my understanding that local authorities may have a role to exercise in relation to the matter raised by the Deputy.

Terence Flanagan

Ceist:

109 Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding State ownership of Aer Lingus; and if he will make a statement on the matter. [39123/11]

The Government has considered the various options open to it in terms of generating revenue from the sale of state assets — including the recommendations of the State Assets Review Group (McCarthy Report). That Report had recommended that the Government dispose of its shareholding in Aer Lingus "as soon as is opportune" but no decision has yet been taken by the Government on a disposal of the State's shareholding in the company.

In addition to the Government's decision to sell a minority stake in the ESB, the Government also agreed that it is prepared, in principle, to undertake further asset sales, and a process has been initiated to consider a number of potential assets in this context. The State's shareholding in Aer Lingus is being considered as part of this process. A Group, led by the Department of Public Expenditure & Reform and including my Department, other relevant Departments and the NTMA, is considering possibilities in this regard and will advise the Government in relation to the appropriate valuations to be placed on the assets in question, and on the most appropriate method of disposal, likely timeframe and economic impact of any such disposal, in order to inform any further decisions that the Government may wish to make in this regard.

It should be noted that the Government only owns 25% of the company's share capital and nothing prevents any airline or any other potential investor from acquiring a share in the company from the owners of the other 75% of the company's share capital.

Port Development

Olivia Mitchell

Ceist:

110 Deputy Olivia Mitchell asked the Minister for Transport, Tourism and Sport the timeframe with regard to the publication of his Department’s revised ports policy document; and if he will make a statement on the matter. [39138/11]

My Department has been carrying out a review of ports policy over the past year. At this stage, it is fairly clear what the questions are in relation to future ports policy. However, the answers to those questions require further consideration. It is my intention to publish a new ports policy in the first half of 2012.

Departmental Correspondence

Terence Flanagan

Ceist:

111 Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport if he will review a matter (details supplied) regarding correspondence that was issued to him. [39154/11]

My Department's role in relation to tourism relates primarily to the area of national policy and it is not involved in the administration of tourism-related funding programmes. This is a matter for the State tourism agencies and other bodies. Support for capital investment in tourism is provided through Fáilte Ireland's Tourism Capital Investment Programme. Under the Operational Guidelines for the Tourism Capital Investment Programme expenditure on road vehicles is ineligible for support.

Youth Services

Terence Flanagan

Ceist:

112 Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport the position regarding funding in respect of a club (details supplied) in Dublin 13; and if he will make a statement on the matter. [39158/11]

Under the Sports Capital Programme the Department provides funding at local, regional and national level to sporting clubs and organisations, voluntary and community organisations, local authorities and, in certain circumstances, schools/colleges towards the provision of sporting facilities and the purchase of sporting equipment. It will be open to any organisation with a suitable project to apply for funding under the next round of the Programme subject to the terms and conditions that will apply.

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