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Dáil Éireann díospóireacht -
Thursday, 10 May 2012

Vol. 765 No. 1

Written Answers

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

Trade Negotiations

Pádraig Mac Lochlainn

Ceist:

13 Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to any further developments in the Mercosur talks; and if he will make a statement on the matter. [23342/12]

Free trade negotiations between the EU and Mercosur (a customs union of Brazil, Argentina, Paraguay and Uruguay) which started in 1999 and broke down in 2004, restarted in May 2010. Free Trade Agreement negotiations thus far have focused on the legal text of the draft Agreement, which includes such issues as domestic regulation and licensing, export subsidies and taxes, dispute settlement mechanisms, rules of origin, trade facilitation, and intellectual property rights. The next round of negotiations is set for Brazil in July, when Brazil assumes the Chair of Mercosur.

The Commission signalled at the end of 2011 its intent to work towards an exchange of offers for market access for goods and services by summer of this year, but progress to date has been slow. The question of a possible date for an exchange of market access offers still has to be finalised.

Access to the EU market of beef is the key contentious issue for Ireland in the negotiation of the EU-Mercosur FTA. I have been very active in highlighting my concerns to the Commission, particularly in light of the results of impact assessment studies carried out by the Commission. These show substantial losses for EU agriculture from a Mercosur agreement, and are particularly bad for beef and for Irish agriculture. My Department has submitted a number of technical papers to the Commission outlining mitigating measures to address our concerns. The Commission has shown a willingness to take these concerns and proposals on board.

The impact assessment studies also show that the losses in EU agriculture are offset by projected gains for EU industrial goods and services. Mercosur is identified as important for Ireland's future export growth as part of the Strategy for Trade, Tourism and Investment to extend exporters performance in emerging economies. We have key interests in export sectors including services, technology and beverages. We will be seeking to ensure that a Free Trade Agreement between the EU and Mercosur will reflect the balance of our interests. Of course, recent developments, including the decision by Argentina to expropriate the majority stake held by the Spanish company REPSOL in the energy company YPF has raised certain concerns in the EU about Argentina's compliance with international rules governing trade and investment and while not directly related to the Free Trade Negotiations, may have an impact on the negotiating environment.

Animal Feedstuffs

Dessie Ellis

Ceist:

14 Deputy Dessie Ellis asked the Minister for Agriculture, Food and the Marine if the current unseasonable weather continues into the summer and the effect that this has on grass yields, if there are plans in place to assist farmers with feed; and if he will make a statement on the matter. [23343/12]

As summer has just begun and it is early in the grass growing season I believe any talk about unseasonable weather conditions prevailing into the summer is premature. I am aware that grass supply has declined on many farms across the country during the past number of weeks due to the unseasonable wet weather and temperatures being around 3 to 4 degrees below normal for this time of year. Broadly speaking grass growth is considerably below what it should be at this time of year. However, this varies from location to location depending on weather, soil type, drainage, soil fertility, fertiliser usage, herbage varieties and grassland management.

Unfortunately, this poor grass growth is at a time when the majority of cows are now calved and the demand for grass is outstripping the growth rates on many farms. Teagasc-recorded grass growth on their farm at Moorepark Co. Cork for the last week in April is well below the Moorepark 30 year grass growth average for the same week. Large variations in grass growth have been recorded in different parts of the country over the past three weeks.

For as long as these weather conditions continue the advice from Teagasc is for farmers to: Continue to apply Nitrogen (N) fertiliser, when weather conditions allow. Remove all animals, on dairy farms, other than milking cows from the dairy cow grazing area. Hold the rotation length on dairy farms at 21 to 23 days. Increase the area available to the dairy herd by grazing silage ground where possible, and Introduce silage into the diet.

Teagasc is of the opinion that grass growth rates will increase once this difficult weather period has passed. Historical grass growth rates recorded at Moorepark would reinforce this belief as the grass growth rates in the month of April in the years 2000 and 2002 were poor and well below the 30 year average grass growth rates recorded. By mid-May in both these years compensatory grass growth had taken place and the daily growth rates surpassed the 30 year Moorepark average for the same period.

Overall, apart from the month of April, it is fair to say that it was a mild Spring, exceptionally so in March, with higher daily grass growth rates for the months of February and March than for the same period last year. This mild weather in early spring helped to shorten the winter and allowed farmers to get their animals out earlier which resulted in large amounts of reserve silage on farms.

Common Agricultural Policy

Martin Ferris

Ceist:

15 Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if he foresees the Common Agriculture Policy negotiations to be completed during Ireland’s Presidency of the EU in 2013; and if he will make a statement on the matter. [23336/12]

Given the nature of any negotiation process, it is often difficult to accurately predict not only the outcome but even the timing of an outcome. This is especially the case when the interests of 27 Member States have to be reconciled across the enormous range of issues covered by the Commission's proposals on the reform of the CAP.

It is important to note also that key CAP issues are in fact being discussed in two parallel tracks, namely: in the CAP reform negotiations in the Council of Agriculture Ministers, and at official level in the Special Committee on Agriculture and four separate working groups, and in the negotiations on a new Multiannual Financial Framework (MFF) setting the EU budget for the period 2014 to 2020, which take place in the General Affairs Council and, ultimately, in the European Council.

In addition, the European Parliament will have a key role in the process and in final decision making.

As a Member State taking over the reins of the EU Presidency in January 2013, Ireland is committed to playing an active and constructive role in securing agreement on the reform of the CAP. However, to do this, three things need to be happen: there must be progress and ultimately agreement on the MFF, there must be substantial progress during the Danish and Cypriot presidencies, at least on technical issues, and all three institutions — the European Parliament, the Council and the Commission — need to engage actively in the negotiating process, with a commitment to seeking workable compromise.

I have assured Commissioner Ciolos and my Member State colleagues that Ireland is willing to play a full role, both before and during our presidency, in seeking agreement on this vital issue, both for the EU and for Ireland.

Rural Environment Protection Scheme

Luke 'Ming' Flanagan

Ceist:

16 Deputy Luke “Ming” Flanagan asked the Minister for Agriculture, Food and the Marine the reason that payments to farmers which should have been paid in 2011 are being delayed within his Department; the reason there are now nine farmers in the Drumshanbo area, of County Leitrim, who have submitted their REP scheme 4 plans and have been told that due to a computer error their phosphor levels have been incorrectly calculated; if he will explain the reason the computer errors have not been cleared from the system; if he will confirm that an acting area inspector who called to the Drumshanbo office of his Department refused to clear the error on the system because he was on a go slow as no permanent appointment has been made; the actions he will take to progress this matter; if he will fire the inspector who refused to do his job or if he will make a permanent appointment so that the situation can be resolved, or if he will delegate more powers to other staff levels so that these errors can be rectified promptly; and if he will make a statement on the matter. [23140/12]

EU Regulations governing the administration of all area based schemes including the Rural Environment Protection Scheme (REPS) require that full and comprehensive administrative checks, including cross-checks with the Land Parcel Identification system, must be completed before any payment can issue. EU audits have made it absolutely clear that compliance with the Regulations must be strictly adhered to and that all checks must be passed and eligibility conditions met before payment issues. This means that individual payments may not issue until all aspects of a farmer's application is in order, all outstanding documentation provided and all queries resolved.

The situation in relation to Co. Leitrim is that there are 897 REPS 4 applicants in the county of which 863 have been paid in respect of 2011. The remaining 34 fall under the following categories: 20 are under query awaiting response; the applicants have been written to, more than once in a number of cases, and the processing of payments cannot proceed until responses have been received, 5 are awaiting the outcome of cross checks with area aid declarations, 9 are under investigation for issues arising in the checking process, including the claim from the person named.

The person named commenced REPS 4 in December 2007 and has received payments for the first three years of the Agri-Environmental contract with my Department.

During the course of the administrative checking process for the 2011 payment, an issue arose in relation to the application of Phosphorous under the agri-environmental plan. An adjusted plan was requested from and submitted by the person named. The checks carried out by the local office found that the adjusted plan did not meet the scheme conditions in relation to chemical phosphorous application levels. In accordance with established procedures, the plan was forwarded for further examination and review at regional inspectorate level. The situation is currently being assessed by the inspectorate. I expect that the case will be dealt with shortly, subject to staff resource constraints and, depending on the outcome of the review, that payment will issue as soon as possible in respect of 2011.

The non-payment of the final year's REPS payment to the person named does not arise because of computer error in my Department but rather because of the necessity to resolve an outstanding query related to compliance with the terms of the scheme.

Pigmeat Sector

Éamon Ó Cuív

Ceist:

17 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his plans to provide supports to the pig industry; and if he will make a statement on the matter. [23285/12]

The pig sector remains the third largest individual component of the agri-food sector, with production, prices and exports all growing significantly during 2011.

I am aware of the concerns currently being expressed by the sector, particularly with regard to producer returns and the loose sow housing welfare requirements applicable from 1 January 2013.

On the latter point, European legislation requires the change in sow housing. To facilitate compliance, an on-farm investment aid scheme (TAMS) — the Sow Housing Welfare Scheme was introduced under Ireland's Rural Development Programme 2007-2013. €13 million has been made available under this scheme. The closing date for applications is being extended to 31 October 2012 in order to alleviate pressures arising from delays in obtaining planning permission. This scheme is in addition to earlier Sow Welfare Schemes which delivered over €6 million to successful applicants.

In addition, my Department has applied to the European Commission for permission to extend the deadline for completion of the work under the current programme to the end of September 2013. This, of course, will not obviate the need for producers to be compliant by 1 January 2013.

A number of applications have already been approved and I strongly encourage pig producers to submit their applications to my Department as soon as possible.

Prices during 2012 have been above the corresponding levels in both of the previous years. At the end of last month, prices were almost 9/c per kilo ahead year on year, which equates to an increase of more than 6%.

While prices, production and export volumes have grown in recent years, high feed costs, most notably cereals and compound feed remain an issue. Pig producers are especially affected by the increase in cereal prices since June 2009, given that cereals account for 75% of feed.

Prices of pigmeat and of course feed are ultimately determined by demand and supply considerations. For my part, I will continue to press the European Commission to make use of all the available market supports when circumstances require it, to ameliorate the worst effects of price volatility. Indeed the Aids to Private Storage Scheme introduced for pigmeat in 2011 played a significant role in putting a floor under pigmeat prices at that time. This, together with release of cereal stocks from intervention, improved the situation somewhat at that time.

From a National perspective, the "Food Harvest 2020 Report”, which was published in July 2010, sets out the vision for the future of the food industry including the pig sector. The Report targets a 50% increase in the value of output by 2020. This is a target set by the industry for itself. I am personally chairing a High Level Group to ensure that the steps necessary to facilitate the development of the sector are taken. My Department and its agencies will, along with industry, play a central role in this regard.

For example Teagasc, through its Moorepark pig research facility and the provision of FETAC courses in pig production and benchmarking pig herd performance, plays a critically important role in improving productive capacity at farm level.

In so far as international trade in Irish pigmeat is concerned, I have been extremely active in developing relationships in new and expanding markets in order to build the kind of confidence in Irish production and control systems that provide a platform for long term trading relationships in the future. I have hosted visits from senior members of the Chinese administration and have just returned from an extremely productive visit to China. I am confident that this engagement will deliver a considerable return for the Irish pig sector.

Furthermore, we have hosted inspection visits from a number of other countries and negotiations are continuing with a view to opening new markets and expanding the presence of Irish pigmeat in existing markets. And of course Bord Bia continues, through its marketing and promotional activities, and through the pigmeat quality assurance scheme, to consolidate the position of Irish pigmeat on the domestic market and to expand its presence on EU and third country markets.

I can assure the Deputy that my Department and its agencies will continue to work closely with the industry to ensure that it can continue to develop and grow in accordance with the targets in the Food Harvest 2020 Report.

Common Agricultural Policy

Denis Naughten

Ceist:

18 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the steps he is taking to construct an alliance at member state level to support Ireland’s case for Common Agricultural Policy reform; and if he will make a statement on the matter. [23133/12]

An essential component of my approach to the negotiations on the reform of the Common Agricultural Policy (CAP) is the building of alliances with my counterparts in like-minded Member States. I believe that this is an absolute priority if I am to maximise support for my position as the negotiations on the Commission's proposals unfold. Indeed, I have been actively building such alliances since taking up office in March last year.

During 2011, I had formal bilateral meetings with the EU Agriculture Commissioner and with my German, French, UK, Spanish, Estonian, Finnish and Danish Ministerial colleagues. I also took the opportunity to meet with my Ministerial colleagues from the other Member States and the EU Commission at the EU Council of Agriculture Ministers meetings held each month in Brussels or Luxembourg, and at the Informal Ministerial Councils held in Hungary and Poland. In November of last year I addressed a meeting of the Agricultural Committee of the European Parliament, and I have followed this up in 2012 by meeting with influential MEPs in the European Parliament and with key interlocutors in the Commission and in the Council Secretariat.

In January of this year I had the pleasure of hosting a second visit to Ireland of the EU Agriculture Commissioner, Dacian Ciolos, during which I took the opportunity to outline Ireland's key priorities in the CAP reform negotiations. I have also met with my counterparts from Finland, Lithuania, Spain and Italy in recent weeks.

I plan to continue these contacts over the coming months. As negotiations develop, and, particularly in the run-up to the Irish Presidency of the EU in the first half of 2013, I will continue to engage actively with Ministerial colleagues from other Member States, with the Commissioner and with Members of the European Parliament. My approach will continue to be informed at all times by the need to maintain and develop alliances with like-minded Member States in order to secure the best possible outcome for Ireland in the CAP reform negotiations.

I should add that my contacts at Ministerial level are supplemented by a parallel process of detailed engagement at official level by my Department with counterparts from the Commission, European Parliament and other Member States.

Departmental Schemes

Bernard J. Durkan

Ceist:

19 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the degree to which he can review the single farm payments and REP scheme with a view to identifying appropriate remedial action when farmers who have budgeted for a particular payment which has been reduced due to budgetary restrictions but whose livelihoods and economic viability in the short to medium term may be at risk; if he has received submissions from the Irish Farmers Association and other farming organisations in this regard; and if he will make a statement on the matter. [23328/12]

It is understood that the Deputy is referring to the changes being introduced in respect of the 2012 Disadvantaged Areas Scheme, rather than the 2012 Single Payment Scheme, as there are no significant changes being introduced in respect of the latter this year.

It will be recalled that, on foot of commitments given in the 2012 Budget, significant savings needed to be found in my Department's expenditure for 2012, part of which it was decided should come from the funding assigned to the Disadvantaged Areas Scheme, with the budgeted expenditure under the 2012 Scheme being reduced to from €220 million to €190 million.

However, rather than simply apply an across the board cut to the rates payable or reduce the maximum payable area as a means to achieving these savings, I decided that real efforts should be made to focus the Scheme on those farmers who are most actively contributing to achieving the aims of the Scheme, namely, ensuring continued agricultural land use, thereby contributing to the maintenance of viable rural communities, maintaining the countryside and maintaining and promoting sustainable farming systems, which take account of environmental protection measures.

It is widely recognised that the Disadvantaged Areas Scheme is a very important one for this country, especially from an economic perspective, as it contributes to the support of in excess of 100,000 Irish farm families. Therefore, in proposing the changes in question, the intention is to better focus the Scheme, which is to the benefit of the majority of those farming in areas with recognised constraints, while at the same time attempting to cater for those genuinely prevented from achieving the revised minimums. With this objective in mind, the proposed changes have been designed to ensure that the aid payment is focused on farmers, whose farming enterprises are situated exclusively in Disadvantaged Areas and who are making a significant contribution to achieving the objectives of the Scheme.

While changes are being introduced in respect of the minimum stocking density requirements, specific provision is being made for those farmers who had a stocking density less than 0.3 livestock units per forage hectare in 2011, where that lower stocking density was as a result of adherence to lower stocking by agri-environmental measure, such as a Commonage Framework De-stocking Plans, Rural Environmental Protection Schemes (REPS) or Agri-Environment Options Scheme (AEOS).

All applicants, whose stocking density was below 0.3 livestock units per forage hectare in 2011, will be written formally and given the opportunity to apply for a derogation on the grounds that his or her participation in one of the above measures resulted in the lower stocking density. The principles of force majeure/exceptional circumstances will also be provided for in the process and provision will also be made for new entrants to farming.

With regard to REPS, I want to again emphasise my commitment to the agri-environment schemes in general which put environmentally-friendly farming to the forefront and which recognise the vital role farmers play in delivering public goods for the benefit of all society. This commitment by Government is matched by the enthusiasm of Irish farmers who have shown a keen willingness to engage with environmental issues ever since the introduction of the first agri-environmental scheme.

However, arising out of decisions announced under Budget 2012, I also had to make cuts in the total expenditure under REPS and I decided that this saving would be achieved through a cut in transaction costs, subject to the approval of the Commission.

Transaction costs are payable on all land in the scheme with the exception of Natura Commonage. They are paid compensation for the cost of participating in the scheme including the cost of preparatory work, gathering data and engaging with a planner. In order to achieve an aggregate 10% cut in expenditure beginning in 2012, it is proposed to reduce the transaction costs payable from €28.03 to €5.60 on each hectare on which a transaction cost is currently paid. This will yield savings of about €19 million per annum, commencing in 2012. There will be no reduction in the rates paid for the individual measures under the scheme. The actual cuts in payments will vary between 8% and 12% for most participants, with a smaller percentage getting cut less than 8%.

Submissions on the proposed changes to the Schemes have been made by farming organisations and other interested parties opposing or seeking alternatives to certain of these scheme changes.

Pearse Doherty

Ceist:

20 Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if he will introduce a scheme for those who farm land that cannot reach the new stocking rates set out under the disadvantaged areas scheme; and if he will make a statement on the matter. [23333/12]

It will be recalled that, on foot of commitments given in the 2012 Budget, significant savings needed to be found in my Department's expenditure for 2012, part of which it was decided should come from the funding assigned to the Disadvantaged Areas Scheme, with the budgeted expenditure under the 2012 Scheme being reduced to from €220 million to €190 million.

However, rather that simply apply an across the board cut to the rates payable or reduce the maximum payable area as a means to achieving these savings, I decided that real efforts should be made to focus the Scheme on those farmers who are most actively contributing to achieving the aims of the Scheme, namely, ensuring continued agricultural land use, thereby contributing to the maintenance of viable rural communities, maintaining the countryside and maintaining and promoting sustainable farming systems, which take account of environmental protection measures.

It is widely recognised that the Disadvantaged Areas Scheme is a very important one for this country, especially from an economic perspective, as it contributes to the support of in excess of 100,000 Irish farm families. Therefore, in proposing the changes in question, the intention is to better focus the Scheme, which is to the benefit of the majority of those farming in areas with recognised constraints, while at the same time attempting to cater for those genuinely prevented from achieving the revised minimums. With this objective in mind, the proposed changes have been designed to ensure that the aid payment is focused on farmers, whose farming enterprises are situated exclusively in Disadvantaged Areas and who are making a significant contribution to achieving the objectives of the Scheme.

While changes are being introduced in respect of the minimum stocking density requirements, specific provision is being made for those farmers who had a stocking density less than 0.3 livestock units per forage hectare in 2011, where that lower stocking density was as a result of adherence to lower stocking by agri-environmental measure, such as a Commonage Framework De-stocking Plans, Rural Environmental Protection Schemes (REPS) or Agri-Environment Options Scheme (AEOS).

All applicants, whose stocking density was below 0.3 livestock units per forage hectare in 2011, will be written formally and given the opportunity to apply for a derogation on the grounds that his or her participation in one of the above measures resulted in the lower stocking density.

The principles of force majeure/exceptional circumstances will also be provided for in the process and provision will also be made for new entrants to farming.

It will be appreciated, therefore, that every effort will be made to accommodate all active farmers who may find themselves otherwise adversely affected by the changes introduced for the 2012 Scheme.

Aquaculture Licences

Martin Ferris

Ceist:

21 Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if there will be any impact on the wild salmon stocks by the introduction of fish farms to the west coast of Ireland; and if he will make a statement on the matter. [23337/12]

Finfish farming has been a feature of aquaculture operations off the west coast for some time. On 13th April an application by Bord Iascaigh Mhara for an aquaculture licence for the cultivation of finfish near Inis Oirr in Galway Bay was received by my Department. The application and its accompanying Environmental Impact Statement is being considered under the provisions of the 1997 Fisheries (Amendment) Act which provide for extensive consultation with stakeholders, including Inland Fisheries Ireland, which has responsibility for wild salmon stocks. The legislation also provides for a period of general public consultation.

Milk Quota

Michael Moynihan

Ceist:

22 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine his future plans for the renegotiation of milk quota levies in view of his recent media comments; if he will outline any proposals he has to mitigate the impact of the milk super levy on affected milk producers; and if he will make a statement on the matter. [23252/12]

Under the arrangements agreed in the run up to the abolition of milk quotas in 2015, Ireland will have received an additional 9.3% in quota between 2007 and 2014. However for some Member States, including Ireland, these quota increases are proving insufficient to accommodate increases in milk production which have been driven by supply and demand dynamics, and the prospect of a quota free production environment post 2015.

Over the past year, I and my Department have been extremely active in raising the question of a further adjustment to the milk quota regime at every appropriate opportunity. We have made determined efforts to secure a soft landing for all Member States in the lead-up to milk quota abolition in 2015, as envisaged in the 2008 CAP Health Check agreement. I have discussed the matter extensively with other EU Agriculture Ministers, including in bilateral meetings with my Danish, French, German, Estonian and Finnish counterparts. Furthermore, officials from my Department have raised this issue at EU level meetings, and at bilateral meetings with other Member States. The Commission is due to prepare the second interim report on the Health Check by the end of this year and we have called for it to consider measures to ensure a smooth transition in all countries.

However, the Commission has consistently resisted attempts to reconsider this issue, as it has resisted attempts to revisit the outcome of the 2008 CAP Health Check in an overall sense. The Commissions view is supported by a number of Member States, some of whom are firmly against any further adjustment to the Health Check agreement.

At this point therefore, it would appear that since a majority of Member States do not support any further adjustment to the soft landing, farmers should plan for the continuation of the quota regime until March 2015.

Milk producers are reminded that responsibility for the management of milk quota rests firmly with them. It is their responsibility to ensure that the enterprise remains under quota allocation. I do acknowledge that, in the current climate where markets are strong and farmers are being encouraged to prepare for increased expansion post 2015, remaining within quota is a difficult task but this is a challenge farmers are likely to face in each of the coming three milk quota years.

Departmental Schemes

Patrick Deering

Ceist:

23 Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine if he will provide the following detailed information in relation to recipients of the single farm payment and disadvantaged area scheme in County Carlow for 2011, the total number of receipts of single farm payment and disadvantaged areas; the total amount of money paid under each scheme; the number of farmers inspected under land eligibility, cross compliance and GAEC under each scheme; the number of farmers penalised under each scheme, highlighting the number and level of penalties in each area, that is SMR, GAEC and land eligibility; if he will provide a breakdown of financial value of the penalties applied across the different areas and outline the way the farmers were selected for inspection, the number of cases where tolerances were applied and any other information available on the inspections conducted in 2011 in County Carlow. [23132/12]

The information sought by the Deputy for the 2011 Schemes is currently not available as the inspection data is still being finalised following reviews, appeals, etc. I have set out in tabular form, data on the Single Payment and Disadvantaged Areas Schemes for Co. Carlow for the years 2009 and 2010.

2009 and 2010 Single Payment Scheme — Co. Carlow

2009

2010

No. of Applicants Paid

1,644

1,641

Total Value of Payments

€25,869,265.04

€25,294,219.15

No. of Applicants — Late Penalty Reduction Applied

8

10

Value of Late Penalty Reductions Applied

€2,179

€2,537

No. of Applicants Inspected — Eligibility

41

58

No. of Applicants with Over-claim Adjustment Applied (Not Penalty)*

32

67

Value of Over-claim Adjustment applied (Not Penalty)*

€6,041

€54,084

No. of Applicants with Over-claim Penalty*

7

15

Value of Over-claim Penalties Applied*

€6,134

€121,618

*Reductions/Penalties following both administrative and inspection controls.

2009 and 2010 Disadvantaged Areas Scheme — Co. Carlow

2009

2010

No. of Applicants Paid

758

748

Total Value of Payments

€1,659566.82

€1,629875.01

No. of Applicants — Late Penalty Reduction Applied

6

2

Value of Late Penalty Reductions Applied

€590

€137

No. of Applicants Inspected — Eligibility

25

13

No. of Applicants with Over-claim Adjustment Applied (Not Penalty)*

10

22

Value of Over-claim Adjustment applied (Not Penalty)*

€164

€529

No. of Applicants with Over-claim Penalty*

8

11

Value of Over-claim Penalties Applied*

€1,794

€8,331

*Reductions/Penalties following both administrative and inspection controls.

2009 and 2010 Cross Compliance Inspections/Penalties

Applied to SPS/DAS — Co. Carlow

Calendar Year Penalty*

Value of Penalties

Year

No. of Inspections

Tolerance Applied

1%-2%

3%-4%

5%-8%

9%-14%

15%-20%

>20%

SPS

DAS

2009

162

4

5

6

3

1

1

1

€11,736

€749

2010

184

3

8

6

4

1

3

0

€30,216

€1,846

*An applicant can breach across multiple SMRs or inspections but these will be represented by a single Calendar Year Penalty.

2009 and 2010 Cross Compliance Penalties at SMR/GAEC Level — Co. Carlow

SMR/GAEC

Year

1%-2%

3%-4%

5%-8%

9%-14%

15%-20%

>20%

SMR 1 —

2009

0

0

0

0

0

0

Special Protection areas

2010

0

0

0

0

0

0

SMR 2 —

2009

0

0

0

0

0

0

Groundwater

2010

1

0

0

0

0

0

SMR 3 —

2009

0

0

0

0

0

0

Sludge

2010

0

0

0

0

0

0

SMR 4 —

2009

0

0

0

0

1

0

Nitrates

2010

2

2

2

0

1

0

SMR 5 —

2009

0

0

0

0

0

0

Special Areas of Conservation

2010

0

0

0

0

0

0

SMR 6 —

2009

0

0

0

0

0

0

Porcine IDR

2010

0

0

0

0

0

0

SMR7/8 —

2009

0

1

0

0

0

0

Bovine IDR

2010

6

3

1

0

2

0

SMR 8 —

2009

2

5

2

1

0

1

Ovine IDR

2010

1

0

1

1

1

0

SMR 9 —

2009

3

0

0

0

0

0

Pesticides

2010

3

1

0

0

0

0

SMR 11 —

2009

0

1

1

0

0

0

Fee/Food Hygiene

2010

0

0

0

0

0

0

SMR 12 —

2009

0

0

0

0

0

0

TSE

2010

0

0

0

0

0

0

SMR 16 —

2009

0

0

0

0

0

0

Welfare of Calves

2010

0

0

0

0

0

0

SMR 17 —

2009

0

0

0

0

0

0

Welfare of Pigs

2010

0

0

0

0

0

0

SMR 18 —

2009

0

0

1

0

0

0

Welfare of Animals

2010

0

0

0

0

0

0

GAEC

2009

0

0

0

0

0

0

2010

1

1

1

0

0

0

The position regarding payments to Carlow farmers under the 2011 Single Payment Scheme and the 2011 Disadvantaged Areas Scheme are as outlined in the following table:

Scheme

Eligible applicants

Numbers paid

Value of payments

2010 SPS

1,642

1,641

€25,294,219

2009 SPS

1,651

1,644

€25,869,265

2010 DAS

754

748

€1,631,858

2011 DAS

760

758

€1,660,905

Alternative Farm Enterprises

Brian Stanley

Ceist:

24 Deputy Brian Stanley asked the Minister for Agriculture, Food and the Marine his plans to provide stimulus for the growing of bio-fuel crops here; and if he will make a statement on the matter. [23341/12]

The Deputy may be aware that since 2007 my Department has been providing support through the Bioenergy Scheme for the establishment of the bioenergy crops miscanthus and willow. The Scheme currently provides grant-aid of 50% of crop establishment costs up to a maximum of €1,300 per hectare. Up to the end of 2011, over 3,000 hectares of crops have been established under the Bioenergy Schemes.

As regards growing sugar beet for ethanol production, I have strongly supported the abolition of sugar quotas from September 2015 as part of the CAP reform discussions in the Council of Ministers. I also raised the issue with Commissioner Ciolos during his recent visit to Ireland. In this regard, I have met in 2011 with two separate groups who have conducted feasibility studies, into the possibility of establishing a sugar/bioethanol facility. At both meetings I stated that any venture to develop a combined sugar/bioethanol production facility would have to be a commercial proposition, financed in total by investors and interested parties and make sound economic sense in order to be viable.

My Department has also supported bio-energy research through its Research Stimulus Fund Programme in its 2005, 2006 and 2007 Research Calls (awarded €4.4m). The Programme facilitates research that supports sustainable and competitive agricultural production practices and policies and contributes to a scientific research capability in the agriculture sector. The bioenergy research funded covers a broad range of bioenergy topics including energy crop production, the feasibility of production of pellets from straw and energy crops, second-generation technologies and more recently the suitability of Irish grassland for biofuel production.

Fishing Industry Development

Clare Daly

Ceist:

25 Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine his views on whether fully regulated fisheries with observer regime is now a necessity in views of issues (details supplied) [23135/12]

Finding practical and implementable solutions to the wasteful practice of discarding fish is a major priority issue for me. It is an important element of the reform of the Common Fisheries Policy which is currently under consideration at the EU Fisheries Council and the EU Parliament. On the 8th of November last, I launched the Irish "discard" atlas, which is a detailed compendium of discards by the Irish Fleet on a stock by stock and area by area basis. The Atlas, compiled and produced by the Marine Institute and Bord Iascaigh Mhara with the support of Irish Industry, outlines a range of potential measures to help reduce discarding.

This was the first publication of its kind and places Ireland firmly to the fore in the debate on eliminating discards. The atlas was designed to inform the process and debate to achieve real change and a significant reduction in discarding within the context of the reform of the Common Fisheries Policy (CFP), it also identifies where action needs to be taken, and potential measures that could be adopted.

In relation to the data available to us on discards we cannot continue to work on CFP Reform on discards with the type of information vacuum we have at EU level at present. I have asked other Member States to produce details of their discards similar to those in our discards atlas to better inform the process and to enable a systematic analysis of the issues and put forward possible solutions.

A move to a more ecosystem approach to fisheries management and sustainable fishing practices is one I fully support, and in particular the move towards fishing at maximum sustainable yield as envisaged under the reform of the CFP. The benefit of an MSY approach is that in the longer term, it will deliver more stable and sustainable fisheries for our industry.

These measures, in addition to the roll out of future Long Term Management Plans will be applicable to all Member States and will be subject to decisions at EU level by the Council of Ministers and European Parliament.

Fisheries under the umbrella of the CFP are fully regulated. There is a huge volume of fishing trips undertaken by Irish vessels and indeed the whole European fleet on an annual basis. In these circumstances, the resource and cost implications of a comprehensive observer programme can not justified. The delivery of sustainable fisheries is, in my view, dependant on the support and buy- in of fishermen to conservation measures and compliance with quotas set together with an the full implementation of an effective control regime.

Observer programmes are in place in order to collect data to inform scientific advice on the state of fish stocks. Under the EU Data Collection Regulation (EC No. 199/2008) Ireland is required to collect data on fish stocks and fisheries. The Marine Institute (MI) is charged by my Department to carry out the Irish work programmes in relation to our obligations under the Data Collection Framework (DCF). The DCF supports the scientific advice needed to conduct the Common Fisheries Policy.

The MI carries out a work programme which includes a comprehensive research vessel survey programme, port sampling of landings, sea sampling of discards, age profile of the fisheries resource, analyses of EU Logbook and Vessel Monitoring Systems (VMS) data. These data are the raw material used to assess the resource and develop scientific advice. Furthermore, a three-year National DCF Programme was developed by the Fisheries Science Services unit (FSS) for the years 2011 to 2013 and was submitted to the EU Commission in May 2010. The programme was evaluated in June 2010 and EU funding of €9 million was secured by Ireland to conduct the Irish data collection programme. This programme, including the observer element, is a vital requirement to inform decision making on sustainable fisheries.

State Agencies

Thomas P. Broughan

Ceist:

26 Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine if he has been briefed by the CEO of Teagasc on the recent re-organisation of Teagasc; his views on the potential impact on Irish horticulture research services in view of the proposed closure of the Kinsealy Research Centre, County Dublin; and if he will make a statement on the matter. [23138/12]

The Agriculture, (Research, Training and Advice) Act, 1988, confers on Teagasc statutory responsibility for the provision of education, advisory and training services to the agriculture sector. It is a matter for Teagasc and its Board to prioritise activities in the delivery of these services and to allocate its resources in accordance with these priorities. Ministerial responsibility is confined to matters of policy in accordance with the Act and the Minister does not interfere in the day-to-day operations of Teagasc.

I am aware that Teagasc commenced a significant ‘Change Programme' in 2009 to improve efficiencies and streamline services. The Programme involves the disposal of surplus assets, a significant reduction in the number of research and advisory locations including closure of Kinsealy Research Centre and reductions in staff numbers. Implementation has resulted in Teagasc becoming a leaner, more efficient and focused organisation. Teagasc has also developed a comprehensive Action Plan under the ‘Croke Park Agreement' detailing a series of Actions to cut costs and improve efficiencies in the delivery of services. Progress Reports are submitted to the Department on a quarterly basis.

Teagasc has advised that the re-location of services from Kinsealy to the Ashtown Research Centre will not impact negatively on their support for the horticulture sector. The role of horticultural research at Kinsealy has diminished significantly and most of the 37 permanent staff currently based there are not involved in Horticulture Research and could operate from other sites. I understand that Teagasc has published a new Horticultural Plan designed to provide improved support to the sector. The Plan sets out how Teagasc will support the horticultural industry from Ashtown and other facilities and in particular through closer co-operation with producer clients to undertake specific research at their facilities.

Turbary Rights

Sandra McLellan

Ceist:

27 Deputy Sandra McLellan asked the Minister for Agriculture, Food and the Marine if turf cutting in conservation areas, by those with turbary rights, will affect the turf cutter’s single farm payments; and if he will make a statement on the matter. [23338/12]

The Department of Arts, Heritage and the Gaeltacht has primary responsibility for the protection of Special Areas of Conservation (SACs) under the Habitats Directive. Certain activities, including turf cutting, are restricted in these areas.

Where a farmer cuts turf on a bog plot where cutting is prohibited then he/she is liable to be penalised under cross compliance if the non-compliance comes to light during a cross-compliance inspection or is cross-reported to my Department by officials from the Department of Arts, Heritage and the Gaeltacht. This penalty can apply to payments under the direct payment and any other area related aid schemes.

Departmental Schemes

Michael Colreavy

Ceist:

28 Deputy Michael Colreavy asked the Minister for Agriculture, Food and the Marine if he expects funding to be made available for the reopening of agri environment options scheme in 2013; and if he will make a statement on the matter. [23335/12]

I am actively considering the possibility of re-opening the Agri-environmental Options Scheme to allow for the submission of applications either on an amended basis from the existing scheme and/or on a limited scale and, in particular, the possibility of re-opening for applications later in the year with a possible closing date for applications of end September and a commencement date for new participants of January 2013.

The full year cost of any new scheme will have to be met in 2013 and any decision to re-open AEOS will be taken in the context of the resources available and the need to remain within the agreed expenditure ceiling for my Department in 2013.

Animal Welfare

Gerry Adams

Ceist:

29 Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to any welfare issues surrounding the use of EID tagging on sheep; and if he will make a statement on the matter. [23344/12]

I am aware that concerns have been raised with regard to welfare issues and sheep EID tagging and that the matter has been discussed by my officials with a number of farming organisations. I addressed this issue in a statement recently concerning EID sheep electronic tagging (EID) arrangements.

The Deputy should be aware that EID has been a mandatory EU requirement for some years now. There does not appear to be a problem, in general, with sore and infected ears post tagging across the Union as long as appropriate practices are observed. These includes correct placement of the tag in the ear, tagging at the correct time of year in order to avoid fly strike and also the disinfection of equipment and the sheep's ear prior to tagging each animal. These guidelines are outlined in a booklet that I am forwarding to each flockowners in the coming weeks.

My Department has and will take a pragmatic approach to applying the European rules in these cases. If a farmer has sheep with infected ears post tagging then he can seek veterinary advice from his own practitioner. If the advice is to remove the tag(s) then the sheep farmer should record the event in his/her farm flock register and retain the removed tags. The affected sheep should be re-identified as soon as possible after the ears have healed — correlating the new tag number to the removed tag number. If the farmer follows this procedure there should be no issues on cross-compliance for animals that have had their tags removed on animal welfare grounds with veterinary advice.

I can assure the Deputy that my officials will work with farmers in finding solutions to any legitimate problems that may arise.

Animal Diseases

Jonathan O'Brien

Ceist:

30 Deputy Jonathan O’Brien asked the Minister for Agriculture, Food and the Marine the steps he has taken to prevent the spreading of contagious equine metritis in Irish horses; and if he will make a statement on the matter. [23339/12]

Contagious Equine Metritis (CEM) is a notifiable venereal disease of horses in Ireland. Infection spreads through direct transmission of bacteria from mare to stallion or from stallion to mare at the time of mating. It is also transmitted to mares if semen used in artificial insemination (AI) comes from infected stallions.

CEM is a condition that undermines commercial performance and as such, its eradication is primarily the responsibility of the industry itself. CEM infections are treatable with good outcomes. Breeders and veterinary practitioners are advised by the Department to follow the Irish Thoroughbred Breeders' Association and Horse Sport Ireland's Codes of Practice and to ensure that all stallions, teasers and mares are specifically tested and cleared negative for CEM before they are used for any breeding purposes.

As regards the current outbreak, the Department has restricted the premises concerned and a full epidemiological investigation is under way focusing on the infected premises and recently inseminated mares.

Rural Development Programme

Denis Naughten

Ceist:

31 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the steps he is taking to support agricultural development in less favoured areas; and if he will make a statement on the matter. [23134/12]

The Rural Development Programme for Ireland has an allocation of close on €4.9 billion for the period 2007-2013 to fund various support schemes in the agricultural sector under the principles of competitiveness, improvement of the environment, land management and the development of the wider rural economy. Support for agricultural development in less favoured areas (LFAs) forms an important part of the Programme and these areas are supported both directly through LFA payments themselves and indirectly through schemes such as on farm investment and the Rural Environment Protection Scheme (REPs), Agri-environment Options Scheme (AEOS) and Natura agri-environment schemes. Under the LFA scheme itself a total of €1.1Bn has been spent to date, with €1.67Bn spent on the agri-environmental measures and €56.4m on the Natura Scheme. This is a considerable investment in the LFA areas. In addition, under the on farm investment schemes farmers in LFA areas are prioritised by the use of selection criteria for determination of entry to these schemes.

Despite ongoing budgetary constraints, which necessitated a reduction in the funding for the 2012 Disadvantaged Areas Scheme, I remain determined that the scheme should continue to contribute in a meaningful way to the support of those farming in designated less favoured areas. The most effective way of achieving this is by introducing technical changes to the qualifying criteria, which are designed to ensure that the aid is focused on those whose farming enterprises are located solely in LFA areas and who are making a significant contribution to achieving the objectives of the scheme, which are defined as follows: (1) to ensure the continued agricultural land use and thereby contribute to the maintenance of a viable rural community, (2) to maintain the countryside and (3) to maintain and promote sustainable farming systems which, in particular, take account of environmental protection requirements. The alternative to this approach would simply be to apply an across-the-board cut, which would affect all participants, regardless of their farming activity. The proposed changes must be approved by the EU Commission, as the Disadvantaged Areas Scheme forms part of the partially funded EU Rural Development Programme (2007 to 2013). However, in the meantime, I have published the 2012 Terms and Conditions, incorporating the proposed changes.

Farmers with ewe breeding flocks situated in Disadvantaged Areas continue to benefit from the payment of aid under the Grassland Sheep Scheme. My Department has paid €16.2 million to 27,829 farmers to date in 2012 under the 2011 Grassland Sheep Scheme. The vast majority of the beneficiaries of aid under this Scheme farm in Disadvantaged Areas. The Grassland Sheep Scheme will continue to support these farmers in 2012 and 2013.

Beef continues to be the principal farming enterprise in Disadvantaged Areas. In that regard, I have also maintained the Suckler Welfare Scheme in which approximately 35,000 suckler farmers continue to participate. Aid payments under this Scheme amount to almost €30million per annum and it is fully funded by the National Exchequer. This Scheme was recently the subject of a Value for Money Review and it was found to be successful in achieving its objectives of improving animal welfare standards and data collection. This has contributed to the increased prices now being achieved for weanlings and the improvement in the reputation of Irish beef in our key export markets.

Sale of State Assets

Patrick Nulty

Ceist:

32 Deputy Patrick Nulty asked the Minister for Agriculture, Food and the Marine the position regarding plans to privatise Coillte; if he will confirm whether the matter was discussed with the EU-IMF troika during the recent review; if he will re-visit the plans with a view to take the privatisation of Coillte off the agenda and instead retain this vital State asset in public ownership and utilise it to provide training for the unemployed and the creation of long-term forestry employment, as well as a vital recreational and tourist amenity; and if he will make a statement on the matter. [23131/12]

As announced by the Government in February, consideration will be given to the possible sale of some assets of Coillte excluding the sale of land. A valuation of Coillte assets is currently being undertaken by the NTMA (NewERA unit) in conjunction with my Department and the Department of Public Expenditure and Reform. A short presentation on the role of Coillte and the issues that might arise from any disposal of assets was given to the EU-IMF Troika during their recent visit. No decision on the possible sale of Coillte assets will be taken until the valuation process is completed.

Coillte Teoranta was established as a private commercial company under the Forestry Act 1988, with one of the company's principal objects ‘to carry on the business of forestry and related activities on a commercial basis and in accordance with efficient silvicultural practices'. Coillte currently employs 1,100 staff and provides a significant economic impact in all areas of forestry, timber production and other ancillary businesses.

I am conscious that Coillte, as part of its management of some 442,000 hectares of the national forest estate, plays a significant role in the provision of forest recreational activities, Coillte's forests provide a range of recreational opportunities for the general public continuing a long tradition of open access to state owned forests. The company currently manages 10 Forest Parks and over 150 recreation sites throughout Ireland and has done significant work developing recreational facilities, with assistance for other state bodies such as Fáilte Ireland. Both in terms of their importance to citizens for ongoing recreation and to visitors during their stay in Ireland, as I have previously advised the House, any sale will take account of public access to recreational land.

Animal Diseases

Aengus Ó Snodaigh

Ceist:

33 Deputy Aengus Ó Snodaigh asked the Minister for Agriculture, Food and the Marine in view of the high number of cases of TB recently reported in the Six Counties, the steps he has taken to increase prevention measures in the 26 counties; and if he will make a statement on the matter. [23345/12]

I am aware that there was a significant increase in the incidence of Bovine TB in Northern Ireland last year in contrast to a 10% reduction in the South, with the result that herd incidence of TB in Northern Ireland in 2011 was over 40% higher than here.

There has been a substantial improvement in the Bovine TB situation here over the past decade and we now seem to be getting on top of this most intractable disease. The number of reactors has declined from 40,000 to 18,500 during the period 2000 to 2011. This is the lowest recorded since the commencement of the eradication programme in the 1950s and improves on the record low recorded in 2010. I believe that these trends provide concrete evidence of the effectiveness of the programme and demonstrate that eradication is now a practicable proposition over the coming years. However for that to become a reality, it is necessary to continually improve the programme in order to address all potential sources of infection including from neighbouring herds and the movement of high risk animals and to ensure that testing is conducted in a timely manner. With this in mind, my Department introduced a number of changes into the TB programme earlier this year to tighten up on overdue testing and, in particular, to prevent the spread of disease from infected herds to clear herds.

I should point out, however, that imports of cattle from Northern Ireland are subject to the provisions of EU Directive 64/432/EEC which regulates trade in cattle between Member States. This Directive provides that cattle exported from regions such as Northern Ireland where the incidence of TB is greater than 1% must pass a test for bovine TB 30 days prior to export. I am satisfied that this control is implemented effectively in Northern Ireland and that the risk of importing diseased animals from Northern Ireland is limited. However, while the changes to our eradication programme, which I mentioned above, are aimed primarily at herdowners on this side of the Border, the tightening up on overdue tests will help to identify any TB infected cattle imported from Northern Ireland at an early date and prevent it spreading to other clear herds.

As part of the North/South animal health policy, my Department has a reciprocal arrangement with the Department of Agriculture in Northern Ireland such that, when TB is diagnosed in a herd subsequent to export of animals from that herd or indeed other animals with an epidemiological link to an infected herd, the importing jurisdiction is notified by the exporting jurisdiction of the risk and given a list of the relevant animal IDs and the export details. When my Department receives such a notification from Northern Ireland, it determines if the animal is still alive and has been tested here since import. If it is still alive and not been tested, it is tested here.

In view of the foregoing, I am satisfied that the existing controls on imports of cattle from Northern Ireland are effective.

Trade Missions

Pádraig Mac Lochlainn

Ceist:

34 Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine the discussion he had on his recent visit to China regarding the agricultural trade links between the two countries; and if he will make a statement on the matter. [23340/12]

Thomas P. Broughan

Ceist:

36 Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine if he will report on his recent visit to China; the expected impact of the trade mission on the Irish agri sector; and if he will make a statement on the matter. [23137/12]

I propose to take Questions Nos. 34 and 36 together.

I had the great honour of leading the largest ever Irish trade delegation to China, from 15-22 April, 2012, from the meat, dairy, seafood, beverages, bloodstock and agri-services sectors and government bodies. It was the most ambitious trade delegation ever which my Department, Bord Bia and Enterprise Ireland brought together, with a total of 51 Irish companies and 127 individuals involved. This was in addition to Government agencies such as Teagasc, BIM, the Marine Institute, the Sea Fisheries Protection Agency, Irish Thoroughbred Marketing and leading universities involved in the provision of educational courses in food safety and agricultural science.

The purpose of the visit was to facilitate the development of the kind of close political, official and commercial relationships that are intrinsic to doing business in China. The Trade Mission was, I believe, an excellent example of the practical collaborative action between government, industry, universities and research institutes that has helped to increase the profile of Ireland as a major producer of high quality food and a centre of excellence in terms of food safety, sustainable production systems, animal breeding and genetics.

China is a key strategic trade partner for Ireland and has a strong demand for imports of quality food, given the size of its population and concerns over food security and safety. Ireland is strategically placed to be a key supplier of quality meats, dairy products, beverages, seafood and other products and services to China. Already in 2011, Ireland has exported €240m of these products to China. I would anticipate that our exports to China of food and beverages but also agri services and machinery will increase over the coming years.

From a political perspective there were also some very significant achievements, following from ongoing discussions with the Chinese side prior to my visit. These included:

1. Signing of a Memorandum of Understanding (MOU) between the Department of Agriculture, Food and the Marine and the Chinese Inspection and Quarantine Service on sanitary and phyto-sanitary issues, including the setting up of a working group on market access on beef. Ireland is the first country in the EU to have set up such a working group with China and is only one of three countries in the world to date to have such a working group.

2. Signing of a MOU with the Ministry of Agriculture on mutual cooperation in the agri-food and fisheries areas, building on the expressed wish of Chinese Vice President Xi that Ireland and China develop deeper cooperation in agriculture.

3. Signing of a MOU between the Department and the Chinese Inspection and Quarantine Service on the export of Horse feed to China. An Irish feed company, is the first foreign company to be approved to export horse feed to China.

4. Renewal of Bovine semen protocol.

5. Signing of a MOU between the Marine Institute and Chinese Academy of Fishery Sciences which will build on important collaborative research work which has already been undertaken between the two institutes into novel bioactive compounds from marine micro algae and which was facilitated by the Action Plan on Mutual Cooperation which I signed when the Chinese Vice Minister for Agriculture visited Ireland last year.

Some very significant commercial outcomes were also achieved during the visit including:

The announcement of a $50 million project involving an Irish company in a joint venture to partner China in establishing their national equine facility.

The opening up of the Chinese market and the awarding of business to the first foreign company, an Irish company from Kilkenny, for the export of horsefeed to China.

The signing of agreements between BIM and eight Irish Seafood companies to supply China with commercial samples of boar fish to China.

Conclusion of an agreement by Glanbia which brings to 9,000t, the volume of dairy and nutritional ingredients being supplied to the Chinese market.

Launch of new dairy products in the Chinese markets, such as Kerrygold UHT milk, a premium quality dairy product, and Glanbia's Avenol, a whey protein concentrate powder used in infant formula.

Signing of an Agreement between SAMCO and Pioneer on the supply of machinery for maize growing (Enterprise Ireland).

The setting up of an Ireland-China Food Hub for Irish food and drink exporters, a shared Office facility, which will be managed by Bord Bia and which will target the Chinese market and provide practical solutions and support for Irish companies already in the Chinese market and those seeking to enter the market.

I was also present at the signing of an agreement between UCD and United Dairies which envisages the development of a demonstration farm in China that would use equipment manufactured in Ireland and operated by Chinese staff, trained in Ireland.

I was also very pleased to have participated in the first dedicated Sino / Irish Forum on ‘Building a Safe and Sustainable Future for Food' in the Chinese Academy of Agriculture Sciences. This forum served to highlight and build awareness in China, amongst key officials from the Ministry of Agriculture, the Chinese Administration of Quarantine Supervision and Inspection Services and well as key opinion informers and policy makers in China of the high level of official control measures applied to the production of Irish food products and the science underpinning the efficiency and sustainability of Irish food production.

The invitation from the Nanjing Agriculture University to make a key note speech on Ireland's contribution to the future of sustainable agriculture in the context of the major global challenges of food security and climate change was also a key highlight for me of the Trade Mission. I feel it reflects the standing and perception of Ireland in China as a country which produces safe food, in a sustainable way and which is underpinned by scientific research, in addition to being to the forefront in technological advances in relation to genomics and sustainable agriculture.

Overall, I am very proud of the very significant achievements arising from the Trade Mission. I am very hopeful that the business contacts made and the agreements reached during this trade Mission will help to increase the volume of our exports to China and that we will hopefully see an increase in our exports to China of not just food and beverages but also agri services and Irish manufactured agricultural machinery.

Departmental Properties

Peadar Tóibín

Ceist:

35 Deputy Peadar Tóibín asked the Minister for Agriculture, Food and the Marine the number of properties leased by his Department that are subject to upward only rents; if he will provide a breakdown property by property; and if he will make a statement on the matter. [23332/12]

Issues in relation to leases by Government Departments/Offices, including my Department are a matter for the Office of Public Works.

Question No. 36 answered with Question No. 34.

Fisheries Protection

Mick Wallace

Ceist:

37 Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine his views on revising the current ban on the commercial fishing of sea bass in Irish waters if research showed that stock levels were at a reasonable level; if he plans to commission research in order to assess stock levels at the present time; and if he will make a statement on the matter. [23331/12]

The current measures for the protection of the sea bass stock in Irish waters have been in place since 1990 and were introduced arising from the dramatic decline of sea bass stocks in the 1970s.

From a scientific perspective, our knowledge on the biology and stock dynamics of sea bass in Irish waters is poor. There is a need for new research in this area. Following recent discussions, the Marine Institute and Inland Fisheries Ireland are considering developing a research programme to deepen our understanding of sea bass. This will inform future discussion on policy and management of the resource.

Beef Exports

Bernard J. Durkan

Ceist:

38 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if he is satisfied that the current strength and breeding capacity of the beef herd is adequate and sufficient to capitalise on the ability of the industry to meet international demand without creating market turbulence which might be detrimental to the industry in general and this country’s ability to meet the demands in the international markets competitively; and if he will make a statement on the matter. [23329/12]

Bernard J. Durkan

Ceist:

150 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if he is satisfied that the size of the beef herd is capable of satisfying the full market potential for beef throughout the EU and wider global economy with particular reference to meeting export targets; and if he will make a statement on the matter. [23561/12]

Bernard J. Durkan

Ceist:

151 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if he has any proposals to expand the beef herd in order to take maximum economic advantage on export markets; and if he will make a statement on the matter. [23562/12]

Bernard J. Durkan

Ceist:

153 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if any corrective action is required to address any signs of economic overheating in the beef industry; and if he will make a statement on the matter. [23564/12]

I propose to take Questions Nos. 38, 150, 151 and 153 together.

The size of the beef cow herd is a function of market forces and maximising its output potential is contingent on range of economic variables including the price of beef in EU and international markets. Because Ireland exports the vast bulk of its beef output, external market developments are an important determinant of Irish cattle prices. At present, price levels are strongly influenced by supply constraints in the domestic and key export markets. In these circumstances, it is essential that producers plan ahead in a prudent manner, are realistic in their expectations of future prices, keep a close eye on market signals for their particular stock and make trading decisions based on a careful analysis of their costs and margins. In short, beef enterprises should be run like any other business.

CSO statistics show that the beef cow herd in December 2011 numbered 1.06m head which was a reduction of 7,400 head (or 0.7%) on the figure for December 2010. Improved cattle prices have helped to stabilise suckler cow numbers. Irish cattle supplies at export meat plants are likely to fall by 100,000 to 120,000 head in 2012 on account of the strong live export trade in 2009 and 2010 and lower calf registrations over the period. While cattle supplies will be tight in 2012, an increase in the number of animals under 12 months at the end of 2011 compared to the previous year together with a substantial increase in the number of beef heifer calvings in the first quarter of 2012 suggest that cattle supplies should be more plentiful in 2013 and 2014 when increased numbers will also enter the beef supply chain from the dairy sector.

Having regard to the market situation outlined above, I am satisfied that the national beef herd remains well positioned to take advantage of favourable demand/supply dynamics as they arise. In this regard, I would remind the Deputy of the significant financial and infrastructural supports that my Department and its agencies currently provide to support beef production in this country.

Despite the significant budgetary pressures in 2012, I have provided €26 million to maintain the Suckler Cow Welfare Scheme. This scheme underpins improvements in animal welfare and breeding that are critically important to the future development of the beef sector. To date, my Department has paid out more than €130 million under this scheme which has contributed to improved prices for weanlings and enhanced the reputation of Irish livestock and beef.

I have also allocated €5m this year for the Beef Technology Adoption Programme which is aimed at addressing the issue of profitability in beef production through the adoption of best practice and improved technical efficiency inside the farm gate. The Programme is a stimulus measure that will encourage participants to upgrade their knowledge and skills and thereby increase the output of their beef enterprises. The future of the suckler herd depends on the role played by a growing number of increasingly efficient, market-oriented beef producers.

Apart from direct supports to aid the viability of the suckler herd, other strategic supports for the beef sector generally are of benefit to beef producers. These include the research and advisory services of Teagasc which demonstrate that there is significant scope for efficiency gains within the farm gate to substantially increase profitability from suckler beef production. Similarly, the substantial financial contribution made by Department to the Irish Cattle Breeding Federation enables it to improve the genetic quality of the national herd and add value in the marketplace.

Furthermore, the marketing and promotional work of Bord Bia is vital in increasing returns to the industry by targeting the best customers across Europe. Bord Bia is also developing a strong sustainability message around its Beef Quality Assurance Scheme and in that context has secured accreditation for its beef carbon footprint model. Its Beef and Lamb Quality Assurance Scheme is the first such scheme worldwide to include environmental criteria.

Insofar as international trade is concerned, I have been very active in initiating relationships in new and expanding markets in order to engender confidence in our production, traceability and quality control systems. These contacts will, I am sure, give the industry a solid platform on which to build future long-term trading relationships. As part of that effort, in April I led a very successful week-long trade mission to China that sought to develop new trade opportunities for Irish food business operators. In addition, my Department has engaged with a range of third countries — including Australia, the Philippines, South Korea, Turkey, Egypt, Algeria, Libya and others — with a view to opening new markets and raising the profile of Irish food products in existing markets.

I recently welcomed the publication on 16 March by the US. Department of Agriculture (USDA) of their draft BSE rule which essentially proposes to align the US BSE rules with those of the World Organisation for Animal Health (OIE). The public consultation period for the BSE rule is scheduled to end on 15 May, but may be extended depending on the volume of submissions received. My Department will shortly be submitting its comments to the USDA on the BSE rule. I will also be visiting the US. in June and I look forward to raising this important issue with my counterpart there during that visit.

I am confident that, if a collaborative approach is taken by all stakeholders, there will be tremendous opportunities for the Irish beef sector in the coming years. My Department and its agencies will continue to play their part in creating the conditions necessary for the beef industry to reach its full potential as envisioned in the Food Harvest 2020 strategy.

Fisheries Protection

Clare Daly

Ceist:

39 Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine in view of the national necessity and international obligations to attain sustainable fisheries by 2015 and to address biodiversity data deficits in the marine environment, if he will agree to mandate observers on ten percent of the Irish fishing fleet and mandate observer CCTV on the remainder to addresses these deficits, to attain sustainable fisheries and to maximise returns in quantity, quality, employment and value added, with the cost being borne by the industry. [23136/12]

Under the reform of the Common Fisheries Policy, the European Commission have proposed a fisheries management regime in the context of Maximum Sustainable Yield (MSY). This means taking each year a proportion of fish in the sea that is the right size to let fish grow and reproduce at their most productive level. From a broader perspective as I have previously stated, Ireland is committed to having Total Allowable Catches set at levels that can produce Maximum Sustainable Yield (MSY) by 2015, where possible.

The philosophy behind this approach is to obtain the maximum long-term catch, while simultaneously ensuring the stock size is kept large enough to maintain productivity. However, I would stress that the transition from the current management framework to a framework based on MSY will need to be on a phased basis.

Where we have the necessary scientific advice from ICES, I was supportive of TACs for 2012 that ensure that we are delivering MSY for these stocks by 2015. In this way, the transition to MSY will take account of the socioeconomic impacts through reduced catches in the short term. The benefit of an MSY approach is that in the longer term, it will deliver more stable and sustainable fisheries for our industry.

There is a huge volume of fishing trips undertaken by Irish vessels and indeed the whole European fleet on an annual basis. The resources required for a 10% across the board observer programme would be extensive and not realistic from a costs perspective from a State or industry perspective.

On the question of CCTV coverage on vessels a number of pilot schemes have been commissioned by some Member States in certain fisheries. These projects have been initiated in what are termed "clean" fisheries where there is not a big mix of species. The UK authorities are proposing a small number of trials involving fully documented fisheries involving the landing of all catches of a specified fish species in certain mixed fisheries in the Celtic Sea in 2012. The trials will be supported by the use of CCTV cameras on board. The UK authorities are seeking additional quotas in 2012 to support these trials which are intended to improve information on discards.

The cost implications of CCTV equipment and of viewing and analysing the CCTV images by the control authorities would appear to be very high and could not be accommodated within existing resources and budgets. It is difficult to see how industry could be asked to fund such a regime, as it would be a significant business cost which would impact on profitability.

Common Fisheries Policy

John Browne

Ceist:

40 Deputy John Browne asked the Minister for Agriculture, Food and the Marine the position regarding the reform of the Common Fisheries Policy with particular reference to the basic regulation, common organisation of the mackerel and the fisheries; and if he will make a statement on the matter. [23453/12]

The Common Fisheries Policy is the fisheries policy of the European Union which was first put in place in 1983 and has been subject to reviews every 10 years. The Commission published its proposals for the reform of the CFP in July 2011 involving a basic policy regulation and a proposal on the Common organisation of the market (CMO). In December 2011, the EU Commission published its proposals on the European Maritime and Fisheries Fund (EMFF). All the proposals are subject to negotiation and adoption through the co-decision process involving both the EU Fisheries Council and the EU Parliament.

The Danish Presidency is currently seeking to secure Council agreement on General Approach on the basic Regulation and this proposal has been the subject of intensive discussions at the Fisheries Councils in March and April. Further discussions are planned at the Fisheries Council next Monday with a view to agreeing a General Approach at the June Fisheries Council. The Danish Presidency is also working to secure Council agreement on General Approach on the proposal on the common organisation of the market also at the June Fisheries Council. The Danish Presidency has indicated that it will not be seeking to secure a General Approach during its Presidency on the EMFF. The EU Parliament is also working to deliver its position on each of these proposals at present. I will prioritise securing final agreement between the EU Fisheries Council and the Parliament on all these proposals during the Irish Presidency during the first half of 2013.

Overseas Development Aid

Seán Ó Fearghaíl

Ceist:

41 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade the percentage and the amount of money that goes from the Irish Aid budget each year to multilateral agencies; if this percentage amount remains the same each year; and if he will make a statement on the matter. [23413/12]

My Department, through our aid programme known as Irish Aid, provides funding to a number of key multilateral agencies whose policies and priorities align well with those of Irish Aid in the fight against global hunger, poverty alleviation and emergency response. While the precise percentages differ from year to year, on average approximately 30% of the development programme is delivered annually through key multilateral agencies.

A proportion of Irish Aid's multilateral assistance is mandatory, in particular our annual assessed contribution to the European Development Fund. However, most multilateral assistance is in the form of voluntary contributions to the core budgets of a small number of United Nations (UN) Agencies. Key partners supported include UNICEF — the UN Children's Fund; UNHCR — the UN Refugee Agency; and the United Nations Development Programme (UNDP) whose responsibilities include democratic governance and sustainable development. Irish Aid provides approximately 14% of its annual budget allocation to multilateral agencies through voluntary or assessed contributions.

In addition, Irish Aid uses multilateral agencies as a channel to deliver its aid programme at country level, particularly its emergency humanitarian assistance programme. This enables Irish Aid to provide a rapid response, through trusted and accountable implementing partners, in many poor countries where there is no direct Irish Aid presence or where such agencies bring additional value and experience. Key partners, at country level, include the World Food Programme (WFP), the UN Central Emergency Response Fund (UNCERF) and, from time to time, World Bank Trust Funds which are used to manage programmes in difficult and high risk environments. Funding delivered through this mechanism varies from year to year depending on the nature and extent of the crises arising. In 2011 this support is estimated to be approximately 15% of the total Irish Aid allocation.

Seán Ó Fearghaíl

Ceist:

42 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade his views on a recent survey by Dóchas which found that while 85% of Irish persons believe overseas aid is important, only 49% of persons here believe Africa is better off now than two decades ago; the steps he will take to ensure that more positive messages are portrayed to the public in relation to the achievements of the Irish Aid programme in Sub Saharan Africa; and if he will make a statement on the matter. [23414/12]

Seán Ó Fearghaíl

Ceist:

43 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade the steps he will take to improve the way in which Government, non-governmental organisations and the media can work together to communicate more effectively and more regularly the achievements of the Irish aid programme with the Irish public; and if he will make a statement on the matter. [23415/12]

I propose to take Questions Nos. 42 and 43 together.

Ireland's development assistance programme, which is administered by Irish Aid in the Department of Foreign Affairs and Trade, has been recognised consistently by independent observers as one of the most effective in the world. It is focused on the fight against poverty and hunger in the poorest countries and communities, working in partnership with Governments and communities, with a particular concentration on sub-Saharan Africa.

The aid programme has been built on years of engagement by Irish missionaries and volunteers in developing countries. It is the Irish people's aid programme, rooted in our experiences and values as a nation. Over the years, the programme has been strongly supported by the public, and I welcome the latest opinion poll findings, which underline that support. However, the support of the public cannot be taken for granted. We have a duty to provide clear public information on the aid programme and on the results it is achieving. I believe it is important also that we situate our work clearly in the reality of life for communities in the developing world, in particular in Africa. In this regard, the Africa Strategy of the Department of Foreign Affairs and Trade, which was launched by the Tánaiste last September, aims to build a more coherent approach to Ireland's relations with Africa in the areas of development, political relations and the building of closer economic and trading links.

Africa is a changing, and complex continent, with some countries experiencing high rates of economic growth in recent years, while communities in some areas continue to face humanitarian emergencies and long-term poverty. Ireland's aid programme, which involves targeted partnerships with Governments and communities, has contributed to very positive change over the past decade, notably in the increase in the number of children at school, successes in immunising against childhood diseases and providing clean water and basic health care and improved economic opportunities for millions of people. I recognise the need to communicate these achievements clearly to the public, and to consult with the public on the direction of the aid programme, as we have been doing in recent months as part of the Review of the 2006 White Paper on Irish Aid.

Among the communications initiatives undertaken in recent years has been the Simon Cumbers Media Fund which was established in 2005 to facilitate media coverage which presents a balanced and realistic picture of the challenges facing communities in the developing world and of the progress that is being achieved. Over the past year alone, almost forty print and broadcast projects have been supported by the Fund. Irish Aid also works consistently with the print and broadcast media to promote clear and accurate coverage of the impact of the aid programme and of the work of Ireland's development NGOs.

Almost one third of Ireland's development assistance is channelled through development NGOs, and we have ensured that a specific focus on results is a key requirement for the receipt of Irish Aid funding. This year, I have approved multi-annual funding for the long term development work of nineteen major NGOs, which will amount to €65 million in 2012. To qualify for this programme funding, the NGOs involved were subject to a rigorous appraisal process, focused on their capacity to manage the money involved and to demonstrate clearly the intended results, and their strategic engagement with the Irish public.

Irish Aid will ensure that case studies of the work of these NGOs are included in the Annual Report, and in the enhanced presentation of the work of the aid programme which will be possible once the current redevelopment of the Department of Foreign Affairs and Trade / Irish Aid website has been completed later this year.

Over the coming months, we will complete the review of the Irish Aid White Paper and publish a clear set of priorities for the aid programme. This will help clarify our priorities for Ireland's EU Presidency in 2013 and our contribution to the major international debate on the framework for international development after 2015, the target date for the Millennium Development Goals. I believe that it is essential for this work that we continue to enhance our communications on Ireland's development policy and our programme of assistance, to the Irish public, the international community, and the people and communities we are working with in the developing world.

Irish Communities Abroad

Brendan Smith

Ceist:

44 Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the progress, if any, made to date in addressing the difficulties facing undocumented Irish citizens in the United States; and if he will make a statement on the matter. [23439/12]

As I outlined in my reply to Question Nos. 16, 31 and 55 of 29 March, addressing the position of the undocumented Irish and reform of migration arrangements remain high priorities for the Government in its contacts with the US Administration and Congress. The Taoiseach and I have worked closely and continuously on this matter. We discussed immigration issues with President Obama during his visit to Dublin last year and I have also raised it separately with Secretary of State Clinton.

My assessment continues to be that the Government's keen interest in a resolution of the situation for undocumented Irish migrants is well recognised and accepted by our friends within the US Administration and Congress but that comprehensive reform of the US immigration system and procedures is the only likely manner by which this can be achieved.

With a view to helping some positive momentum around immigration issues insofar as they relate to Ireland, the Government and our partners in Irish-America are continuing to pursue the potential availability of E-3 temporary US work visas to Irish applicants. I reviewed progress on E-3 issues during meetings which I held with Senators Leahy, Brown, and Schumer and the Friends of Ireland group in the House of Representatives and with Deputy Secretary Bill Burns during my February visit to Washington, and with a Congressional Delegation led by leader Nancy Pelosi in Dublin on 12 March. The Taoiseach raised immigration with President Obama and with Senators Leahy, Brown and Schumer and the Friends of Ireland Group during his subsequent visit to Washington for St. Patrick's Day-related events.

While developments in relation to E-3 visas are positive in relation to future flows of emigration to the United States, I am very much aware of the difficulties confronting undocumented Irish citizens and the distress which both they and their families in the US and Ireland experience arising from their situation. I would urge anybody who might be tempted to follow in the footsteps of the undocumented to take account of their plight and to refrain from seeking entry to the US for work purposes without having first acquired relevant visa clearance.

As with a solution to the problems of undocumented Irish migrants, I am conscious that passage of any E3-related legislation in a US election year would present very significant challenges. Through our Embassy in Washington, the Government is therefore working closely and on an ongoing basis with our friends in Congress and with Irish-American community representatives with a view to ensuring that every opportunity is taken to put an E-3 visa scheme in place but it has to be understood that the political climate for any immigration related initiatives remains very difficult.

International Relations

Thomas P. Broughan

Ceist:

45 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on the current situation in Iran and the ongoing contacts between him and Iran and between the EU and UN and the Iranian regime; and if he will make a statement on the matter. [23520/12]

Relations between Iran and the international community continue to be dominated by concerns over Iran's nuclear programme, which has been the subject of various UN Security Council and IAEA Resolutions since 2006 and on which the latter agency has reported extensively. The IAEA's most recent reports of 8 November 2011 and 24 February 2012 noted strong grounds for serious concerns regarding possible military dimensions to Iran's nuclear programme and indicated that Iran had carried out activities relevant to the development of a nuclear explosive device. The long-standing position of the international community, including that of Ireland and its EU partners, has been to strongly urge the Iranian Government to respect and fulfil its international obligations under the Non Proliferation Treaty and to seriously and unconditionally engage in discussions aimed at confirming the peaceful nature of its nuclear programme.

In this regard, Ireland continues to support strongly the twin track approach conducted by EU High Representative Ashton on behalf of the E3+3 (France, Germany, UK, US, Russia, China). This involves a readiness to engage in serious negotiations with Iran but to apply sanctions when required. As I have stated on numerous occasions, Ireland remains firmly convinced that the Iran nuclear issue can only be resolved through negotiations and not by any other means, as it is clear that any form of military intervention or military action against Iran would have extremely grave and unpredictable consequences for the entire region. Against the background of two unproductive rounds of discussions in late 2010/early 2011 and of continuing Iranian unwillingness to engage seriously on the issue, the EU has been compelled to adopt several rounds of restrictive measures, including an embargo of Iranian petrochemical products that started on the 1st May and a ban on crude oil imports to the EU which is due to take effect on 1 July next. I believe that, along with tough bilateral sanctions which were implemented recently by the US, Canada and the UK, these measures have been instrumental in triggering the belated acceptance of talks by Iran. I welcome the discussions between the E3+3 and Iran which resumed in Istanbul on 14 April.

At last month's Foreign Affairs Council, which I attended, EU High Representative Ashton briefed Ministers on these talks. She judged these to have been more constructive than earlier rounds, with the Iranian side attaching no preconditions to further talks and both sides agreeing on the need for confidence-building measures. A further round of negotiations has been scheduled for 23 May in Baghdad and it is hoped that this will enable a clearer judgement to be made of the seriousness of commitment on Iran's part to making real progress.

While Iran's nuclear programme continues to be of great concern, so also is the internal human rights situation within Iran, which has continued to deteriorate since the 2009 Presidential elections. Ireland and its EU partners continue to be active in highlighting the very poor human rights situation within Iran. At UN level, Ireland and all other EU member States co-sponsored a UN General Assembly resolution last October which expressed the international community's deep concern at the human rights situation in Iran. At a bilateral level, my Department engages in ongoing dialogue with the Iranian Ambassador and his Embassy on this subject, setting out our concerns very clearly. Ireland has also supported the EU travel ban and asset freeze against those responsible for grave human rights violations in Iran. We will continue to be active at EU level in pressing for strong EU action in relation to the human right situation in Iran.

Passport Applications

Thomas P. Broughan

Ceist:

46 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will launch a basic public information campaign to encourage people to check the time validity of their passports before they book online flights or holiday packages or alternatively to ask airlines to include a passport reference and expiry date on online booking sites in view of the ongoing problems with very late passport applicants; and if he will make a statement on the matter. [23521/12]

I share the Deputy's concern about this issue and again advise that before making any travel plans, citizens should check the validity of their passports and renew, where necessary, in sufficient time for travel. This advice has been offered for many years, including in the media. In fact as recently as last week most major media outlets reported this as a central statement of mine in their report on the launch of the Euro 2012 survival guide. Unfortunately as the Deputy had indicated a number of citizens do not heed this advice and apply last minute for a new passport. This year the Passport Service has received an average of 218 applications per day for a less than 10 day service plus an average of 42 applications per day for a less than five day service.

Included in these numbers are a small group of individuals who arrive from the airport and expect that a passport can be turned around immediately. Unfortunately, it is not possible to meet these demands or expectations. The fastest turnaround time for standard applications is three working days. The continued international respect for the integrity of the Irish passport depends on the robust nature of the entitlement checking process and the production of a secure travel document with features which make forgery difficult. These requirements mean that it is not possible to provide an on-the-spot service for the numbers involved at the Passport Service public offices.

Whereas there may be some advantage in asking airlines to seek passport number and validity details at the time of booking, it may nonetheless be still too late for some to obtain a passport even at this time. It is also necessary to consider whether this aim could best be achieved by means of an international approach to the capture of passenger information in advance of travel. I have asked the Passport Service to keep the matter under review.

Diplomatic Relations

Patrick Nulty

Ceist:

47 Deputy Patrick Nulty asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding a request of transfer of residence for a duty-free vehicle in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [23542/12]

My Department administers certain matters arising out of our obligations under the Vienna Convention on Diplomatic Relations of 1961, as transposed into Irish law by the Diplomatic Relations and Immunities Act 1967, in respect of staff currently accredited to Ireland under Article 10 of the Vienna Convention. While it is not possible in the current timeframe to provide a comprehensive response to the request mentioned in the correspondence provided by the Deputy, the matter is being looked into and a reply will issue to the individual shortly.

Tax Code

Terence Flanagan

Ceist:

48 Deputy Terence Flanagan asked the Minister for Finance if he will deal with a matter (details supplied) regarding Bord Gáis; and if he will make a statement on the matter. [23544/12]

The amount on which VAT is chargeable, in accordance with section 37(1) of the Value-Added Tax Consolidation Act 2010, is the total consideration receivable by the supplier, "including all taxes, commissions, costs and charges whatsoever" but not including the VAT itself. VAT is governed by the EU VAT Directive, with which Irish VAT law must comply. Article 78 of the VAT Directive provides that the taxable amount shall include "taxes, duties, levies and charges, excluding the VAT itself".

In this respect, where a supply of service, such as a gas bill, includes carbon tax, VAT law dictates that VAT should be calculated on the carbon tax element of the bill as well as the charge for the service. The same situation applies in the case of other excises, including for example excises on petrol, auto-diesel, tobacco and alcohol products. Guidance in relation to the VAT treatment of the total consideration receivable by a supplier is set out in the VAT Guide. This publication is available on the Revenue website at www.revenue.ie.

Freedom of Information

Pearse Doherty

Ceist:

49 Deputy Pearse Doherty asked the Minister for Finance if his Department copies and retains all documents issued as a result of freedom of information requests; and if he will make a statement on the matter. [23402/12]

My Department, when releasing records under the Freedom of Information Acts 1997 and 2003 provides a schedule of relevant documents. Any documents released by my Department under Freedom of Information Legislation are held in the Department.

Fiscal Policy

Kevin Humphreys

Ceist:

50 Deputy Kevin Humphreys asked the Minister for Finance his position on the proposal from the EU Council, COM (2001) 714 for a common system of taxation applicable to interest and royalty payments made between associated companies of different member States; the impact this would have here; and if he will make a statement on the matter. [23405/12]

The Deputy is referring to a proposal from the European Commission to amend Council Directive 2003/49/EC of 3 June 2003 under which interest and royalty payments made between associated companies of different Member States are exempt from withholding taxes and other taxes in the source Member State. The purpose of the Council Directive is to prevent double taxation by ensuring that such payments will only be taxed in the Member State in which the beneficial recipient of the interest or royalty payment is resident. The Commission proposal would broaden the scope of the Directive by lowering the shareholding threshold, from 25% to 10%, for qualification as an associated company, while providing that the requirement to exempt interest and royalty payments from taxation in the source Member State only applies where the payments are subject to tax in the Member State of residence of the recipient company.

Discussions on the Commission proposal under the Danish Presidency are ongoing and Ireland's position is that, while agreement has yet to be reached in relation to the draft text of the amendments proposed, we are supportive, in principle, of the proposal as it would generally be of benefit to Irish-based companies with associated companies in other Member States.

Clare Daly

Ceist:

51 Deputy Clare Daly asked the Minister for Finance the amount of revenue collected under the car-parking levy brought in under the 2008 Finance Act, and the number of workers levied. [23425/12]

In Finance (No. 2) Act 2008, the previous Government facilitated the introduction of a car parking levy in urban areas. The enabling of the measure would require a Ministerial Order. Such an Order has not been made to date and consequently there has been no revenue collected nor any employees levied.

Stephen S. Donnelly

Ceist:

52 Deputy Stephen S. Donnelly asked the Minister for Finance further to Parliamentary Question Nos. 198 and 199 of 1 May 2012, if he will confirm that he does not have estimates for the budgetary impact of meeting the structural deficit targets which are a key component of the Fiscal Compact Treaty; and if he will make a statement on the matter. [23480/12]

In my replies to earlier questions, I have stressed that our commitment is to get the deficit below 3 per cent of GDP by 2015. In terms of the structural deficit, addressing this does not necessarily involve taxation and expenditure adjustments. For instance, the ambitious programme of micro-economic reforms that is already underway is expected to help reduce the structural element of the deficit by the middle part of the decade. One example is in the programme of labour market reform, where the Action Plan for Jobs 2012 and the Pathways to Work initiative include reforms aimed at addressing some of the skills mismatch in the labour market, which should help lower the unemployment rate. This, in turn, would have a structurally beneficial impact on the public finances, on both the revenue and expenditure sides. These and other factors make estimates of the budgetary impact of meeting our medium term objective subject to a high degree of uncertainty.

Stephen S. Donnelly

Ceist:

53 Deputy Stephen S. Donnelly asked the Minister for Finance further to Parliamentary Question No. 202 of 2 May 2012, if he will provide the detail backing up the decision to apply a debt to GDP ratio of 60% for example, economic papers, quantitative analysis, empirical evidence; and if he will make a statement on the matter. [23481/12]

As I stated in my previous reply the decision to apply the debt-to-GDP ratio of 60% in the Intergovernmental Treaty is to ensure consistency with the debt provision of the Stability and Growth Pact. Indeed, the 60% debt reference value has been around for some time. The debt and deficit limits contained in the Pact are designed to prevent spill-over effects from fiscal policies in participating Member States. Furthermore there is ample empirical evidence to confirm that relatively high levels of public debt can constrain economic activity through, for instance, crowding out of private sector investment and reducing confidence.

Tax Code

Thomas P. Broughan

Ceist:

54 Deputy Thomas P. Broughan asked the Minister for Finance his views on the key conditions required by the Revenue Commissioners for workers who choose or are required to contract their labour to employers rather than work as direct employees; his views on the key rules whereby some long-standing workers in a key semi-state body (details supplied) are classified as contractors rather than employees and the way in which his Department evaluates the total cost of tax avoidance measures to the national Exchequer each year across the economy; if he has any further provision in this regard in view of the continuing deficit on the General Government primary balance; and if he will make a statement on the matter. [23522/12]

I am informed by the Revenue Commissioners that for reasons of taxpayer confidentiality they cannot discuss the tax affairs of specific bodies or individuals. However, on a wider note, whether an individual is engaged under either a contract of service (i.e. an employee) or a contract for service (i.e. self-employed) is not a choice but rather a question of fact and of general law. Regardless of how the parties to an engagement may describe themselves, all the possible factors (including written, oral and implied details) that bear on the relationship between the parties must be examined, given their proper weight and a decision made on their overall effect.

To try to provide some clarity as to whether an individual is employed or self-employed, the Employment Status Group (set up under the Programme for Prosperity and Fairness) published a Code of Practice for determining Employment or Self-employment status of Individuals. This Code of Practice was re-launched by the Social Partners in December 2007.

I am further informed by the Revenue Commissioners that cases come to their attention wherein individuals may have been incorrectly classified (either by the individuals or by the person engaging those individuals) as self-employed (sometimes referred to as a contractor) in relation to a particular engagement. However, if, on an examination of the facts and circumstances and having regard for the Code of Practice referred to above, the Revenue Commissioners find that individuals are, in fact, employees rather than self-employed contractors, they will notify the person engaging those individuals to register for, and operate, the PAYE / Universal Social Charge systems on payments made to those individuals and to also operate the relevant PRSI system. For example, in 2011 in the context of work undertaken by Joint Investigation Units, 357 individuals were reclassified as employees. This is quite apart from reclassifications which arise in the course of Revenue’s audit and Compliance programme.

As to my views on the rules for determining employed or self-employed status, I accept the guidelines outlined in the Code of Practice referred to above which was compiled with the assistance of Department of Enterprise, Trade and Innovation, the National Employment Rights Authority, the Department of Social Protection, the Revenue Commissioners, the Small Firms Association, the Construction Industry Federation Irish Congress of Trade Unions, Irish Business and Employers Confederation and my Department.

Of course, at the end of the day, the Code of Practice is for guidance only and the status (employed or self-employed) of an individual in relation to an engagement may, in some instances, have to be determined by the Courts.

I am informed by the Revenue Commissioners that it is not possible to accurately estimate the cost to the Irish economy of tax evasion or tax avoidance. The measurement of the scale of tax evasion or tax avoidance is inherently difficult given the nature of the problem. There is no one internationally recognised and agreed measure.

Revenue continues to identify and challenge aggressive tax avoidance schemes that seek to infer unintended use of legislation and which threaten tax yields and the perceived fairness of the tax system. In general, tax avoidance is tackled by reviewing and amending legislation where there are perceived loopholes and by challenging individual cases. The introduction of a Mandatory Disclosure Regime in January 2011, which placed obligations on Promoters of certain tax-avoidance transactions to disclose them to Revenue, is designed to act as an "early warning system" to help tackle such schemes.

Fiscal Policy

Stephen S. Donnelly

Ceist:

55 Deputy Stephen S. Donnelly asked the Minister for Finance further to Parliamentary Question No. 168 of 1 May 2012, regarding whether or not Ireland has an effective veto over the European Stability Mechanism Treaty due to the fact that Ireland has to ratify the amendment to Article 136 of the treaty, if he will confirm whether or not Ireland has a veto on Article 136; if he will explain if Ireland does not approve Article 136, the version of the Treaty that will come into force when ratified by signatories whose subscriptions represent 90% of the total initial subscriptions, specifically, will it be the Treaty as is, but without Article 136; and if he will make a statement on the matter. [23534/12]

Both instruments mentioned in the question — the European Stability Mechanism (ESM) and the proposed amendment to Article 136(3) of the Treaty of the Functioning of the European Union (TFEU) — are separate and contain their own requirements for entry into force. The ESM Treaty, was signed by Euro Area Member States on 2 February 2012 and this is the Treaty that will come into force when ratified by signatories whose subscriptions represent 90% of the total initial subscriptions. The target date for this is 1 July 2012. The Government considers that it is strongly in Ireland's best interests for the ESM Treaty to enter into force as soon as possible.

The amendment to Article 136 of the TFEU will enter into force when approved by all Member States of the EU, including Ireland, according to their national requirements. The target date for this to be done is 1 January 2013. The European Communities (Amendment) Bill 2012 will amend the European Communities Act 1972, in order to provide that the reference to the EU Treaties will include the amendment to be made to Article 136(3). The amendment provision in the Bill will only be commenced when the Article 136(3) amendment comes into force.

A decision not to approve the amendment of Article 136 will not prevent the ESM Treaty from entering into force once the necessary conditions are met.

Debt Collection

Martin Ferris

Ceist:

56 Deputy Martin Ferris asked the Minister for Finance if he will make a statement on the legislation and codes of practice governing debt collection; and if he is satisfied that companies contracted to collect debts by public companies are in compliance with those regulations. [23538/12]

I, as Minister for Finance, have no statutory function in relation to the issues raised by the Deputy. The Non-Fatal Offences Against the Person Act 1997, which addresses the issue of debt collection, is the responsibility of the Minister for Justice and Equality.

Under Section 11 of this Act, it is an offence to demand payment of a debt in a way designed to alarm, distress or humiliate. If someone is charged with this offence and it is tried as a summary offence the maximum penalty is €1,270 and/or 12 months imprisonment. If someone is charged with this offence and it is tried as an indictable offence, the maximum penalty is a fine and/or 14 years imprisonment.

The Deputy might wish to note that in the case of financial institutions which use debt collection firms, the Central Bank has imposed requirements that offer protection to consumers under its revised Consumer Protection Code (CPC). The Code obliges the regulated entities that it covers to ensure that any outsourced activity complies with the requirements of the Code. This means that outsourced activity should uphold principles in the Code such as the requirement for institutions:

not to exert undue pressure or undue influence on a customer;

to act honestly, fairly and professionally in the best interests of customers and to act with due skill, care and diligence in the best interest of its customers; and

to prohibit personal visits or oral communications excepts in specified circumstances.

Similarly, there are provisions in the Central Bank's Consumer Protection Code for Licensed Moneylenders which provide protections to consumers in relation to the debt collection activities of licensed moneylenders, including where they outsource this function to a third party.

Motor Fuels

Dominic Hannigan

Ceist:

57 Deputy Dominic Hannigan asked the Minister for Finance the steps he will take to reduce the cost of fuel to haulage firms; and if he will make a statement on the matter. [23597/12]

The Deputy may be aware that a working group was set up between officials of my Department, the IRHA and some members of the Oireachtas. This working group is discussing a number of issues of concern to the haulage industry. I am sure the Deputy will understand that I cannot pre-empt the outcome of those discussions which are ongoing. I should point out that a fuel rebate system, as sought by the IRHA, could not under EU law be restricted to Irish licensed hauliers but would have to be extended to all vehicles intended exclusively for the carriage of goods by road with a maximum permissible gross laden weight of not less than 7.5 tonnes. In addition, the rebate would have to include the carriage of passengers by a motor vehicle of category M2 or category M3 as defined in Council Directive 70/156/EEC.

Tax Code

Finian McGrath

Ceist:

58 Deputy Finian McGrath asked the Minister for Finance his views on a matter (details supplied) regarding the disabled drivers and passengers tax relief scheme. [23620/12]

I am glad to note that the issue around entitlement of a "qualifying person" to relief from Motor Tax and the fuel rebate has been resolved. It is not clear from the details supplied what is being referred to in the statement "the inequities in the manner the Scheme is now applied". However, I understand the Association has been in touch with my Department directly, and the matters raised will be examined in due course.

FÁS Training Courses

Tom Fleming

Ceist:

59 Deputy Tom Fleming asked the Minister for Education and Skills the position regarding the completion of an apprenticeship in respect of a person (details supplied) in County Kerry. [23622/12]

I understand that the person in question's current status on the FÁS apprenticeship database is recorded as "unemployed" which indicates that he left his employment, and is currently not eligible to participate in the Redundant Apprentice Placement Scheme. The Redundant Apprentice Placement Scheme provides on-the-job training at Phase 3/5/7 of the apprenticeship programme for redundant apprentices with a FÁS approved employer. The person in question has completed Phase 1-6 inclusive of his apprenticeship training to date, and he is required to obtain employment with a FÁS approved employer to complete Phase 7 and complete the minimum duration in employment as an apprentice to qualify for the Award of the FETAC Level 6 — Advanced Certificate-Craft The person in question should contact his FAS Senior Training Adviser to clarify his current status and to discuss the options available to him.

Disadvantaged Status

Brendan Griffin

Ceist:

60 Deputy Brendan Griffin asked the Minister for Education and Skills if a school (details supplied) in County Kerry will receive DEIS status; and if he will make a statement on the matter. [23437/12]

A key priority for my Department is to prioritise and target resources in schools with the most concentrated levels of educational disadvantage. That challenge is significant given the current economic climate and the target to reduce public expenditure. Therefore, there is no capacity for any additionality in the DEIS programme.

The process of identifying schools for participation in DEIS was managed by the Educational Research Centre (ERC) on behalf of my Department and supported by quality assurance work co-ordinated through the Department's regional offices and the Inspectorate.

Second-level schools were selected by reference to centrally-held data from the Post-Primary Pupils and State Examinations Commission databases. The identification process was in line with international best practice and had regard to, and employed, the existing and most appropriate data sources available.

Following the identification process, a review mechanism was established to address the concerns of those schools that did not qualify for inclusion in the School Support Programme but that regarded themselves as having a level of disadvantage which was of a scale sufficient to warrant their inclusion in the Programme. The school to which the Deputy refers did not submit an application for review at that time.

It should be noted that none of the existing schools in the country, which were unsuccessful in the initial identification and subsequent review processes, were ever admitted to the DEIS programme.

Higher Education Grants

Joanna Tuffy

Ceist:

61 Deputy Joanna Tuffy asked the Minister for Education and Skills the position regarding a commitment to provide a €2,000 fee contribution grant to a limited number of postgraduate students who would previously have qualified under the standard grant thresholds; when he expects to announce the income threshold for this grant; and if he will make a statement on the matter. [23440/12]

The income threshold for this level of grant is currently being determined in the context of the formulation of the student grant scheme for the 2012/13 academic year. It is expected that the scheme will be published to coincide with the projected go-live date for the new online grant application system on 28 May 2012.

John Browne

Ceist:

62 Deputy John Browne asked the Minister for Education and Skills when a review of an entitlement to a higher education grant for this year will be decided in respect of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [23441/12]

The decision on eligibility for a student grant is a matter for the relevant grant awarding authority. Where a grant application is refused, the reason for the refusal is given by the grant awarding authority. An applicant may appeal the decision to the relevant awarding authority. Where the appeals officer decides to reject the appeal, the applicant may appeal this decision to my Department or the independent appeals board, as appropriate. No appeal has been received in my Department to date in this case.

Schools Refurbishment

John Browne

Ceist:

63 Deputy John Browne asked the Minister for Education and Skills the reason he is refusing to approve funds to replace the faulty electrical system at a school (details supplied) in County Wexford. [23448/12]

The school referred to by the Deputy submitted an application for funding under my Department's Emergency Works Scheme for a complete upgrade of the electrical services in the school. The School Authority has been informed that the scale of the works sought was outside the scope of the Emergency Works Scheme. The School Authority was requested to identify the most urgent electrical works required at the school and to forward details of these including costings to the Planning and Building Unit. Further consideration will be given to the school's revised application on receipt of this information.

Higher Education Grants

Charlie McConalogue

Ceist:

64 Deputy Charlie McConalogue asked the Minister for Education and Skills the number of persons that will be employed to assess applications through the online facility for student grants; and if he will make a statement on the matter. [23452/12]

A full-time equivalent staffing complement of 65 posts has been approved to operate Student Universal Support Ireland (SUSI — a division of the City of Dublin VEC) which will include the assessing of applications.

Physical Education Facilities

Seamus Healy

Ceist:

65 Deputy Seamus Healy asked the Minister for Education and Skills if he will agree to meet the shortfall of funds needed to provide a sports hall for a school (details supplied) in County Tipperary in view of the fact that considerable funds have been raised locally by parents; and if he will make a statement on the matter. [23457/12]

I can confirm that the school to which the Deputy refers has applied for additional funding for a sports hall. In view of the constraints imposed by the need to prioritise available funding for the provision of essential school accommodation, my Department is not in a position to provide funding for this project at this time.

Seamus Healy

Ceist:

66 Deputy Seamus Healy asked the Minister for Education and Skills the position regarding the provision of a sports hall for a school (details supplied) in County Tipperary; and if he will make a statement on the matter. [23459/12]

I can confirm that the school referred to by the Deputy has an application for the provision of a sports hall with the Department. Information in respect of the current status of all assessed applications for major capital works, including this project, is available on the Department's website at www.education.ie. In view of the constraints imposed by the need to prioritise available funding for the provision of essential school accommodation, my Department is not in a position to provide funding for this project at this time.

Higher Education Grants

Charlie McConalogue

Ceist:

67 Deputy Charlie McConalogue asked the Minister for Education and Skills when he will be announcing the new online only grant applications system for student grants; and if he will make a statement on the matter. [23471/12]

The planned go-live date for the new online grant applications system is 28th May, 2012.

Schools Building Projects

Bernard J. Durkan

Ceist:

68 Deputy Bernard J. Durkan asked the Minister for Education and Skills if he will indicate the possibility of providing funding for a new building at a school (details supplied) in County Kildare who are urgently in need of the extra facilities; and if he will make a statement on the matter. [23477/12]

As outlined in the Five Year Plan, the delivery of major school projects required to meet demographic demand will be the main focus for capital investment in the coming years. Due to the financial constraints imposed by the need to prioritise available funding to meet future demographic demands, it has not been possible to advance all applications for capital funding concurrently. The Deputy will appreciate that the primary aim at the core of the Five Year Plan, is to ensure that every child will have access to a physical school place. This announcement represents major advances in how the school building programme is publicised, and will provide certainty to patrons and school communities concerning the major school building projects that my Department is in a position to progress.

School building projects currently in architectural planning, including those projects not included in the five year programme, will continue to be advanced incrementally over time within the context of the funding available. These projects will, in general, complete the design stages of architectural planning and secure planning permission and other necessary statutory approvals. However, in light of current competing demands on the Department's capital budget, it is not possible at this time to indicate when those projects, including a project for the school in question will be progressed.

School Curriculum

Tom Fleming

Ceist:

69 Deputy Tom Fleming asked the Minister for Education and Skills if he will re-examine the issue of modern languages at primary school level with a view to restoring these important programmes especially as it is significant that the EU has dramatically increased funding for the next programme of Erasmus funds 2013 to 2020 and with huge opportunities for our youth to avail of the various EU schemes and the initial learning stages of continental languages is crucial to these primary school pupils to enable them to acquire a solid foundation for further progression of these languages; and if he will make a statement on the matter. [23488/12]

This Government does not plan to review the decision to end the modern languages in primary schools initiative. As the Deputy is aware the decision to end the scheme took account of a 2008 Report by the National Council for Curriculum and Assessment (NCCA). The report identified serious issues with curricular overload at primary level.

The NCCA's advice recommended for the present modern languages should not be part of the Primary School Curriculum as an additional and separate subject. The advice in relation to curriculum overload predated the wake up call on literacy and numeracy triggered by the PISA results. I am taking that advice on board and with particular regard to the demands on time in school that will result from a heightened focus on literacy and numeracy.

The primary curriculum is currently being reviewed by the NCCA in the context of the National Literacy and Numeracy Strategy. The €2.5million in savings from this measure will go towards the cost of implementing the new National Literacy and Numeracy Strategy. The 17% of primary schools at present in the Initiative, who have had even more time demands than others in a crowded curricular space, should as a result be better placed to deliver under the strategy. Given the priority of literacy and numeracy, I have acted on the 2008 advice about overload and could not justify either the continuation of the initiative in the existing schools or its expansion to all schools even if funding was not an issue.

Schools Building Projects

Robert Troy

Ceist:

70 Deputy Robert Troy asked the Minister for Education and Skills the reason a school (details supplied), with permanent recognition functioning on a rented site in rented accommodation with a current enrolment of 126 and a projected increased enrolment of 140 plus for September 2012, 160 plus for September 2013, 185 plus for September 2014, 205 plus for September 2015, 230 plus for September 2016, all modest projections should not be in the five year building plan programme. [23583/12]

As outlined in the Five Year Plan, the delivery of major school and extension projects required to meet demographic demand will be the main focus for capital investment in the coming years. In that regard, it has not been possible to advance all applications for capital funding concurrently. School building projects currently in architectural planning, including those projects not included in the five year programme, will continue to be advanced incrementally over time within the context of the funding available. These projects will, in general, complete the design stages of architectural planning and secure planning permission and other necessary statutory approvals. However, in light of current competing demands on the Department's capital budget, it is not possible at this time to indicate when those projects will be progressed. Any applications for new school buildings, including a project for the school in question, can only be considered in the context of the challenges that I have outlined above. In the meantime, it is open to the school authority to apply to my Department for additional accommodation should additional staff appointments arise.

European Globalisation Adjustment Fund

Stephen S. Donnelly

Ceist:

71 Deputy Stephen S. Donnelly asked the Minister for Education and Skills if he will explain the nature and scope of the system in place to track emerging redundancies in the banking sector since the European Globalisation Fund became operational in 2007; the number of such redundancies that emerged as a consequence in each year to date; and the job types and other characteristics of the redundant population that it tracked. [23589/12]

Stephen S. Donnelly

Ceist:

72 Deputy Stephen S. Donnelly asked the Minister for Education and Skills the way he satisfied himself that between 2009 and 2011 a threshold of 500 redundancies within a period of nine months was never reached across the totality of the Irish banking sector; if he will elaborate on the circumstances in which redundant bank workers have failed to benefit from the widening of conditions governing support from the European Globalisation Fund to allow for the retraining and further development of such banking and other workers that have lost their jobs as a consequence of the global economic downturn. [23590/12]

I propose to take Questions Nos. 71 and 72 together.

My Department monitors national redundancies on both a company and sectoral basis to ascertain whether a sustainable case for EGF co-financing assistance may be made for affected workers in a number of ways. The primary EGF related redundancy monitoring system used by the Department is the statutory notification procedure under Protection of Employment legislation. This requires the Minister for Jobs, Enterprise and Innovation to be notified by employers of certain proposed collective redundancies. In addition, my officials maintain contact with relevant Government Departments, in the case of banking sector redundancies, the Department of Finance, as well as monitoring media and other information sources for early warning of proposed redundancies.

Certain large-scale redundancies in the banking sector in particular were the subject of media speculation and various announcements in recent years. Taken as a whole hundreds, if not thousands, of redundancies were in view over a period of one, two or three years in this sector. The level of redundancies in the banking sector was tracked by the Department particularly during 2010 and 2011 in an effort to establish whether a sustainable EGF sectoral application could be made. Data on collective redundancies is collected and collated on an ongoing basis with a view to establishing, inter alia, whether the prescribed four or nine months reference periods under the EGF Regulations can be met within which the required minimum number of 500 redundancies must occur. As such the monitoring undertaken is continuous rather than annualised and data is not readily available in the format sought by the Deputy.

There were certain points in the 2010 to 2011 period when it appeared numerically, based mainly on announcements of proposed announcements, that the numbers of redundancies did meet the minimum EGF threshold of 500. However, there still remained the other relevant qualifying criteria to be met. It should be recalled that certain collective redundancy notifications cited significant redundancy time periods that went well beyond the nine months reference period required under EGF Regulations and without sufficient detail to ascertain the precise timing of redundancies, or indicated no set timescale, or no formal redundancy rationale. Nor do actual redundancies always equate to the numbers of proposed redundancies cited in the final analysis. The Department sought to maximise the scale of any potential sectoral EGF application through optimal timing of an application and consulted with the Department of Finance as to proposed future restructuring and related redundancies in the sector, which indications were would be on a very significant scale of thousands of workers. This was estimated to be likely in the latter half of 2011 and into 2012, when very significant redundancies were being signalled to take place.

In late 2011 when the significant redundancy announcements which were anticipated being made did not occur, further detailed examination, including the collation of data from the Department of Finance and the Department of Social Protection, was undertaken by the Department. This exercise was also undertaken in the context of uncertainty over the continuance of the so called EGF "crisis derogation" after 31 December 2011 and which heretofore allowed redundancies to be based on direct linkage to the global economic and financial crisis,. However, upon examination at that time the 500 threshold figure in verified actual redundancy terms within the nine-months reference period required by and agreed with the European Commission for submission of applications, was not met.

Stephen S. Donnelly

Ceist:

73 Deputy Stephen S. Donnelly asked the Minister for Education and Skills if his attention has been drawn to the fact that eligibility conditions that would otherwise apply to support from the €500 million annual budget of the European Globalisation Fund can be substituted to allow for the funding of programmes for redundant workers in small labour markets, in circumstances that are exceptional or where redundancies arising have a serious impact on employment and on the local economy; the reason this exceptional provision has never to date been invoked to benefit redundant Irish workers; if it is now his intention to invoke it; and the circumstances and time-frame in which this is likely to happen. [23591/12]

The Department understands following discussions with the European Commission that the small labour market criterion under Article 2(c) of the EGF Regulations is to be invoked only in particularly narrowly focused circumstances. For example, in cases where redundancies occur in a remote or geographically isolated area like an island or a mountain valley. All seven Irish applications made to date since 2009 have been made under the criteria set out in either Articles 2(a) or 2(b) of the EGF Regulations, as appropriate, and, therefore, reliance has not been required to be placed on Article 2(c) to date.

The Department will continue to monitor redundancies on a national basis and to consider which criteria can be most appropriately invoked to sustain viable EGF applications for co-financing assistance on a case by case basis. It should be borne in mind that all relevant criteria and requirements of the EGF Regulations must be met, not just those under Article 2, including the requirements relating to globalisation which have been narrowed since 1 January 2012 with the expiry of the so called "crisis derogation" relating to redundancies which are as a direct result of the global financial and economic crisis.

Architectural Heritage

Billy Timmins

Ceist:

74 Deputy Billy Timmins asked the Minister for Public Expenditure and Reform the position regarding plans to erect information display boards at the Cistercian Abbey, Baltinglass, County Wicklow; and if he will make a statement on the matter. [23539/12]

The Office of Public Works is currently carrying out an inventory of the interpretive panels at National Monuments sites throughout the country. Baltinglass Cistercian Abbey is one of the sites where additional panels are being considered. This forms part of ongoing management by the OPW to provide comprehensive interpretation at publicly accessible heritage sites.

National Museum

Patrick Nulty

Ceist:

75 Deputy Patrick Nulty asked the Minister for Public Expenditure and Reform the position regarding the costs of the acquisition of the former Motorola premises in Swords, County Dublin, for the National Museum in respect of annual rent or lease costs; the incurred and expected refurbishment costs of using the building for museum storage; the plans for other facilities used for such storage; if he will confirm that the owner of the facility at Swords is a well-known developer (details supplied); if liabilities to the National Asset Management Agency will be offset against the rent payable by the Museum or Department on the lease if the developer is in the NAMA process; if the Office of Public Works has completed its evaluation of options for the space, which will become available after the National Museum transfers its stored collections to the new facility; if it will be considered for commercial and employment possibilities; and if he will make a statement on the matter. [23586/12]

At the behest of the Department of Arts, Sports and Tourism, the Office of Public Works was asked to identify a suitable facility for the storage of the National Museum's collections. A number of buildings were considered and the former Motorola facility at Swords was deemed by the National Museum of Ireland to be the best fit for their requirements.

The Commissioners of Public Works took the lease from the owner, Mr. Gerry Gannon, in December 2009 and in turn sub-let the premises to the National Museum of Ireland. The main terms include an annual rent of €1m which, for a 195,000 sq. ft building, breaks down to €5.13 per sq. ft. (payable by the Museum); a 12-month rent-free period (worth €1m); landlord works estimated at €700,000, and a further landlord's contribution of €300,000 to the refurbishment works of €1.5m; a lease break option after 10 years, available to the landlord on payment of €500,000, and available to the State without penalty. The landlord has a current Tax Clearance Certificate. Any matters that may arise between the owner of the property and the National Asset Management Agency are outside the remit of the Commissioners of Public Works. The Commissioners are considering the long term options for the space being vacated by the Museum.

Public Sector Remuneration

Maureen O'Sullivan

Ceist:

76 Deputy Maureen O’Sullivan asked the Minister for Public Expenditure and Reform the saving for the public purse in 2013 if the Office of the Paymaster General and every other agency, authority, board, council or institution with a payroll function that draws upon the public purse were to limit the maximum payment to any person in employment in 2013 to €100,000 and to limit the maximum payment to any retired person in 2013 to €50,000; and if he will make a statement on the matter. [23619/12]

The total savings to the Exchequer in 2013 arising from a cap of €100,000 on public service salaries is estimated at €257m. The estimate takes account of the reductions in pay arising from the Financial Emergency Measures in the Public Interest (No. 2) Act, 2009, but does not take account of any offsetting reductions in taxes and levies. As the combined effect of the estimated marginal tax rate and the pension related reduction at a pay level for a public servant of €100,000 p.a. or higher is at least 62.5%, the estimated net savings would be reduced to less than €100m. The estimate does not include staff of commercial State-sponsored bodies or bodies funded by the State outside the public service since the Minister for Public Expenditure and Reform is not responsible for setting the rate of pay for employees (other than the Chief Executives of the commercial semi-State bodies) outside the public service.

The estimated gross yield from capping Civil Service pensioners only at €50,000 is of the order of €20m and would be less when taxes and levies are taken into account. Data from the wider Public Service would be a matter for the respective line Departments. The wider information sought by the Deputy is not available in my Department nor are there any such proposals.

Departmental Staff

John Lyons

Ceist:

77 Deputy John Lyons asked the Minister for Public Expenditure and Reform his plans to hire additional staff in the Office of Public Works in the area of heritage services; and if he will make a statement on the matter. [23430/12]

The Office of Public Works employs 94 permanent guide officers at various visitor attractions throughout the country. The guide service is augmented for the tourist season by the engagement of an additional 320 temporary or seasonal staff. The posts for the 2012 season were advertised in the national press in February. A number of the positions have been filled and further staff will commence work in June.

Pension Provisions

Mary Lou McDonald

Ceist:

78 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 107 of 2 May 2012, the date on which he intends to complete his consideration of proposals submitted to him by the Department of the Environment, Community and Local Government regarding revised pension terms for city and county managers. [23451/12]

Following the reform of the TLAC terms applying to Secretaries General and heads of Departments, the Department of the Environment, Community and Local Government has submitted proposals to my Department regarding new pension and severance terms for City and County Managers. These discussions are continuing and I expect them to conclude shortly.

Garda Stations

Thomas P. Broughan

Ceist:

79 Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform if he will allocate funding for a Garda station (details supplied) in Dublin 5 for wheelchair users to enter the front public office of the station during the programme to improve accessibility in the Dublin metropolitan region division; and if he will make a statement on the matter. [23517/12]

To date the OPW has not received a request to address these matters at the Station but should one be presented, it will be progressed by this Office.

It should be noted that with specific regard to Garda Stations, the decision on the prioritising of all refurbishment works, including access issues, is a matter for An Garda Síochána who will in turn agree a programme with the Office of Public Works, subject to available funding.

Telecommunications Facilities

Michael McCarthy

Ceist:

80 Deputy Michael McCarthy asked the Minister for Public Expenditure and Reform his views on measures being taken to increase the level of technological communication that takes place between various elements of the public service, such as video conferencing; and if he will make a statement on the matter. [23543/12]

In general, the Irish public service makes very good use of a wide range of technologies in its inter-agency communications to improve the efficiency of such communications and to minimise costs. These include fixed and mobile telephony, IP-based telephony, VoiceMail, e-mail, Instant Messaging, Video and Audio conferencing, file transfers, desktop or applications sharing, and the availability of data and services through SOA. In some cases, some of these facilities are provided through unified software suites. In almost all cases, the communications are facilitated through connectivity with Government Networks, which essentially is a private high-speed, countrywide network that is managed and maintained by my Department.

Regulatory Impact Analysis

Terence Flanagan

Ceist:

81 Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if his Department is assuming overall responsibility for the delivery of the commitments in the programme for Government on the use of regulatory impact assessments, RIAs, in the development of policy and legislation across all Government Departments in view of the fact that the better regulation unit in the Department of An Taoiseach is no longer in existence; if he regards RIAs as an essential tool in the achievement of better policy and legislative outcomes; the resources that are being devoted within his Department to delivering on the commitments on RIAs; and if he will make a statement on the matter. [23588/12]

Regulatory Impact Analysis (RIA) is a tool used by Departments to assess the costs, benefits and qualitative impacts of regulatory proposals. The use of this tool has been mandatory in relation to proposals for primary legislation as well as significant secondary and EU regulations since 2005, although, in general the practice to date has been that RIAs were only published once a Bill or Statutory Instrument was published.

The Better Regulation function has historically been shared between the Departments of the Taoiseach and Jobs, Enterprise and Innovation. In this context, the Department of the Taoiseach previously offered advice and support to Departments undertaking Regulatory Impact Analysis (RIAs) including through the preparation and updating of guidelines on the use of RIA in an Irish regulatory context. In the context of the re-configuration of Departments following the appointment of this Government, it has been agreed that policy relating to "Better Regulation" would be dealt with by the Department of Communication, Energy and Natural Resources (economic sectoral regulation) and the Department of Jobs, Enterprise and Innovation (interaction of business and citizens with Governmental organisation, reducing red tape etc). As regards residual functions relating to training and advice to Departments in their conduct of RIAs, my Department will coordinate with other Departments to ensure that appropriate supports remain in place.

Unfair Dismissals

Maureen O'Sullivan

Ceist:

82 Deputy Maureen O’Sullivan asked the Minister for Jobs, Enterprise and Innovation if there is any type of protection from unfair dismissal for workers who have been employed in a company for a year or less. [23526/12]

The Unfair Dismissals Acts apply to employees over the age of 16 years with at least 12 months' continuous service. The Acts provide for a number of grounds under which a dismissal may be considered unfair.

A claim for unfair dismissal against an employer may be brought under certain conditions. It is then a matter for an employer to show there were fair grounds for the dismissal. Generally a dismissal is presumed to be unfair unless your employer can show substantial grounds to justify it.

The requirement for one year's continuous service does not apply where the dismissal results from:

An employee's pregnancy, giving birth or breastfeeding or any matters connected therewith,

The exercise or proposed exercise by an employee of a right under the Maternity Protection Act, 1994 and 2004,

The exercise or contemplated exercise by an employee of the right to adoptive leave, or additional adoptive leave under the Adoptive Leave Act, 1995 and 2005,

The exercise or proposed exercise by the employee of the right to parental leave or force majeure leave under and in accordance with the Parental Leave Act, 1998 and 2006,

An employee's entitlements, future entitlements, exercise or proposed exercise of rights under the National minimum Wage Act 2000,

An employee's trade union membership or activities,

The exercise or proposed exercise by the employee of the right to carer's leave under and in accordance with the Carer's Leave Act, 2001.

State Agencies

Thomas P. Broughan

Ceist:

83 Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the cost of the operation of Industrial Development Agency offices in New York, California and Shanghai for the years 2008, 2009, 2010 and 2011; the number of staff in these offices in each of these years; and if he will make a statement on the matter. [23518/12]

The costs of administration of IDA Ireland's overseas offices and the assignment of staff to such offices are day-to-day matters for the agency and ones for which I do not have direct responsibility.

As it has not been possible for IDA Ireland to compile the data requested within the time period available, I have asked the CEO of IDA Ireland to forward it directly to the Deputy.

Thomas P. Broughan

Ceist:

84 Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the cost of operating the Enterprise Ireland offices in Brazil, China, Canada, USA, South Africa, Australia and Malaysia for the years 2008, 2009, 2010 and 2011; the number of staff in these offices in each of these years; and if he will make a statement on the matter. [23519/12]

The costs of Enterprise Ireland offices are a day-to-day operational matter for the Agency.

I have referred the question to Enterprise Ireland for direct response to the Deputy.

Industrial Disputes

Brendan Smith

Ceist:

85 Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation if any progress has been made in relation to the need to resolve a long-running dispute at a company (details supplied); if the State’s industrial relations agencies are active in trying to reach a solution to the difficulties that have arisen and if every effort will be made to deal with the concerns of the employees; and if he will make a statement on the matter. [23560/12]

Workers at the Lagan Brick factory in Kingscourt, Co. Cavan have been involved in a protest outside the company's premises in a dispute over the decision by the company to close its operation on 15 December last with the loss of 29 jobs. The union wanted to retain maximum employment at the plant and secure satisfactory redundancy terms for any workers that would lose their jobs.

Subsequently, representatives of the company and the trade union SIPTU attended conciliation talks at the Labour Relations Commission on 10th and 16th January. These talks were reconvened on 6th February following consideration by both sides of an examination of the trading position of the company undertaken by an independent expert.

Following the 6th of February hearing, SIPTU stated that it would be seeking the intervention of the Labour Court in the dispute, following the failure to reach agreement in the LRC talks. However, I understand that Lagan Brick subsequently issued a statement to the effect that the company did not intend to pursue further negotiation with worker representatives in this matter.

I understand that, in a ballot conducted on Thursday 1st March, SIPTU members in Lagan Brick voted almost unanimously to take strike action in response to the company's decision not to attend the Labour Court, and that seven days' notice of strike action was served on Lagan Brick by SIPTU on 2nd March. Official strike action began at Kingscourt on 10th March and SIPTU intends to continue the action until a satisfactory conclusion is reached.

I regret that the company has decided against pursuing a negotiated settlement and has declined to attend a Labour Court hearing, contrary to good industrial relations practice in that regard. In my view, the experience and expertise of the Labour Court offers the most appropriate and effective avenue for resolving such issues. I would urge the parties involved in this dispute to work together to break the current impasse by utilising the established machinery for dispute resolution, who are available to assist at short notice.

Unfair Dismissals

Willie Penrose

Ceist:

86 Deputy Willie Penrose asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that a person who wishes to take a case for unfair dismissals, is now obliged to fill in the application form online and download same and then submit it to the Workplace Relations office situated in County Carlow, and as they cannot download a blank form, this greatly inconveniences persons who have no access to a computer or who reside in remote parts; and if he will make a statement on the matter. [23601/12]

The introduction of a Single Workplace Relations Complaint Form was one of a number of initiatives announced by me in July last year as part of a programme to reform the delivery of the State's workplace relations services. The Form is available both online for completion on PCs and as a manual version.

The first release of the Single Complaint Form, which deals with over 100 first instance complaints and replaces some 30 forms previously in use, was launched on the 4th of January this year. The Form is available online and allows users to download the form to their own computer and input complaint details and other information. The user then prints down the form and posts the signed form to my Department's Workplace Relations Customer Services. The introduction of the Single Form and the establishment of a single portal for the purposes of receiving and registering complaints has already led to savings, efficiencies and enhanced customer service with complainants now receiving acknowledgements of their complaints and respondents receiving notification that a complaint has been made against them within, on average, 5 working days following receipt of the complaint.

I am conscious that while e-government initiatives such as the Single Complaint Form provide significant opportunities to streamline processes and improve customer service, there are those who may have difficulty in accessing or availing of these new services. In this regard my Department's Workplace Relations Project Office worked closely with the Citizen Information Board during rollout of the Complaint Form. Any individual can now access the form online at the 260 Citizen Information Centres around the country. Staff at those centres are available to provide any assistance in filling out the form and can print down completed forms. Workplace Relations Customer Services are also available on 1890 80 80 90 to provide information on any aspect of the use or completion of the Form and to make available a manual version of the form which can be completed in manuscript.

Feedback from users and stakeholders alike on the Form has in general been positive and use to date of the Form has exceeded expectations. 73% of the 5,000 complaints made to 8th May this year were submitted on the Single Complaint Form. We would expect the take-up to further increase in line with the continued decrease in the availability and use of legacy complaint forms. An enhanced and improved version of the form was released at the end of March. This incorporates feedback received from users and stakeholders. Work has also commenced on the development of a version of the Single Complaint Form which can be submitted online. This will be available later this year.

While the Single Complaint Form has had a significant impact in terms of ease of access to, and ease of use of, workplace relations services, it has also enhanced information provision and awareness of employment and equality rights and obligations. This is because the Form is highly interactive at a number of critical decision points in terms of providing information on compliance generally and on redress options.

Employment Rights

Paschal Donohoe

Ceist:

87 Deputy Paschal Donohoe asked the Minister for Jobs, Enterprise and Innovation if there is any legislation preventing companies from hiring staff on a permanent or contract basis whilst existing workers are being reduced to only three and four day weeks; if there is a particular instance of such a scenario happening; if he will investigate same; and if he will make a statement on the matter. [23617/12]

The decision as to who to employ in the workplace, and on what terms and conditions, is a matter for an employer. Statutory legislation sets the minimum standards an employer is obliged to meet respect of the entitlements of that employee, once employed.

I am not aware of a particular instance of the type referred to by the Deputy. However, where employees believe that their statutory entitlements are not being met then it is open to those employees to seek redress through avenues offered under various pieces of legislation. For example, complaints concerning the alteration of an employee's terms and conditions of employment are a matter for the Rights Commissioner Service under the Terms of Employment Information Act.

Disputes in relation to the operation of employment contracts / conditions of employment may be settled either directly between the parties involved or by availing of the State's industrial relations dispute settlement machinery as provided for under the Industrial Relations Acts. However, the consent of both parties to the dispute is required for such an intervention. Information on the range of employment rights that may be applicable, and on the various redress options available, is available from the Workplace Relations Customer Services website www.workplacerelations.ie or via their Information Service directly at 1890 80 80 90.

Alternatively if an employee considers an alteration to be a breach of the employment contract, he/she may seek redress for breach of contract in the civil courts.

Pension Provisions

Terence Flanagan

Ceist:

88 Deputy Terence Flanagan asked the Minister for Social Protection her plans regarding pension funds (details supplied); and if she will make a statement on the matter. [23546/12]

I initiated a study on the level and transparency of pension charges associated with different forms of private pension arrangements because of concerns that pensions schemes and their members have in relation to the level of charges applied to their schemes and the lack of transparency around some of these charges.

As a result my Department, in conjunction with the Pensions Board and the Central Bank, and with assistance from PricewaterhouseCoopers, are undertaking a study on the level of pension charges and expenses associated with different forms of private pension arrangements. The study includes the range of pension arrangements: funded defined benefit pension arrangements; defined contribution occupational pension schemes (insured and non-insured) including Additional Voluntary Contributions in Public Sector Schemes; Retirement annuity contracts and Personal Retirement Savings Accounts (PRSAs).

The focus of the study is on those charges or expenses that have the effect of reducing members' or employers' contributions or investment returns.

The study will provide information which hadn't been available previously and will provide an initial benchmark in relation to the level and transparency of charges. This will be important in informing policy and in determining whether any further measures are required.

Social Welfare Appeals

Paschal Donohoe

Ceist:

89 Deputy Paschal Donohoe asked the Minister for Social Protection the position regarding a carer’s allowance application in respect of a person (details supplied) in Dublin 9; and if she will make a statement on the matter. [23410/12]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 and 2011 when the intake rose to 32,432 and 31,241 respectively. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order.

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

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

Community Employment Schemes

Clare Daly

Ceist:

90 Deputy Clare Daly asked the Minister for Social Protection if she will ensure that there is no erosion of community employment schemes in relation to the provision of services provided by the Centre for Independent Living. [23424/12]

I wish to acknowledge the valuable contribution made by Community Employment Projects such as the Centres for Independent Living (CIL) in providing a service to both participants and the community. However due to the current economic circumstances, this Department has had to find significant savings in the Budget for 2012. The reduction in the grant for materials and training represents a reduction of 7.5% of the overall expenditure on Community Employment in 2011. The allowance grants for Supervisors are unchanged, as are the working hours for staff employed under Community Employment.

A financial review of Community Employment (CE) Schemes is under way. All sponsors and projects have been met with and discussions have taken place with regard to the requirements of the schemes, including the above named projects.

No final allocations of materials and training grants have been made pending completion of the review. The existing commitment in relation to the financial support of schemes will continue to apply.

Department officials have met with representatives of CIL on a number of occasions and are very mindful of the challenges facing these centres and are very supportive within the parameters set down for Community Employment. There will be no decrease in the number of Community Employment places allocated to CIL in 2012.

Question No. 91 withdrawn.

Redundancy Payments

Robert Troy

Ceist:

92 Deputy Robert Troy asked the Minister for Social Protection the reason for the delay in processing an application for redundancy in respect of a person (details supplied); if she will expedite a response; and if she will make a statement on the matter. [23432/12]

A redundancy lump sum claim in respect of the person concerned has been awarded and a cheque payment will issue in the coming weeks.

There are two processing streams for redundancy claims. A new computerised system was introduced in October 2011 and online claims submitted correctly through this system may be processed, on average, within six to eight weeks. Manual claims submitted since October 2011 are also processed as part of this stream but take longer to process due to the need to enter the manual claims onto the new system.

Claims submitted prior to the introduction of this new system require more clerical intervention and will take longer to process and are part of a second processing stream. The Department is currently processing redundancy lump sum claims in this category received in August 2011 and redundancy rebate claims received in June 2011.

Departmental Schemes

Paul Connaughton

Ceist:

93 Deputy Paul J. Connaughton asked the Minister for Social Protection if the wage subsidy scheme has been extended to local authorities to encourage them to employ persons with disabilities or if there are any plans to have the scheme extended to local authorities; and if she will make a statement on the matter. [23436/12]

Since its introduction in September 2005, the Wage Subsidy Scheme has been available to the Private Sector only. The Public Sector was specifically excluded and I have no plans to change this determination.

The underlying objective of the scheme is to increase the numbers of persons with a disability in full-time employment and decrease disability welfare dependency by creating, as far as practicable, a level playing field for them in seeking out employment. The mechanism is the payment of a wage subsidy to the employer to compensate for the reduced productivity of the disabled worker. The subsidy is designed to provide an incentive to employers, to look more closely at the potential of people with disabilities to meet their labour force requirements.

In regard to the Public Sector, each Government Department already has an employment quota for people with disabilities which is funded out of their existing annual budget. In the Private Sector, no such employment quota system exists. In such circumstances, it would not be appropriate to extend the scheme beyond the Private Sector.

The 2005 Disability Act put in place a set of new obligations on Public Body employers and on the National Disability Authority (NDA) in relation to the employment of people with disabilities.

Employers have obligations to:

Meet the 3% employment target.

Report on an annual basis to the Monitoring Committee of their parent Department in relation to the numbers of people with disabilities in their employment and the measures that they are taking to employ people with disabilities.

The NDA have an obligation to compile an annual report from the Monitoring Committees on the employment target and present this to the Minister for Justice, Equality and Law Reform. In addition, they have the power to intervene with Public Bodies in order to promote the employment of people with disabilities.

Social Welfare Benefits

Seamus Healy

Ceist:

94 Deputy Seamus Healy asked the Minister for Social Protection if she will expedite the application for a carer’s allowance in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [23463/12]

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

Seamus Healy

Ceist:

95 Deputy Seamus Healy asked the Minister for Social Protection if she will expedite the application for a carer’s allowance in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [23464/12]

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

Bernard J. Durkan

Ceist:

96 Deputy Bernard J. Durkan asked the Minister for Social Protection when payment will issue on an application for one parent family payment in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23473/12]

As additional information sought from the person concerned has now been supplied a decision on her application for one-parent family payment will be made shortly.

Bernard J. Durkan

Ceist:

97 Deputy Bernard J. Durkan asked the Minister for Social Protection if she will indicate the amount of arrears due in respect of an application for domiciliary care allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23475/12]

Arrears for the amount of €12,994.50 will issue to this customer on 15 May 2012.

Departmental Schemes

Terence Flanagan

Ceist:

98 Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a matter (details supplied) regarding the JobBridge internship scheme; and if she will make a statement on the matter. [23476/12]

The National Internship Scheme was launched on 1 July 2011. It provides internship opportunities of either 6 or 9 months for unemployed individuals on the Live Register, at all skills levels. The aim of JobBridge is to assist individuals in breaking the cycle where they are unable to get a job without experience. It provides them with an opportunity to gain valuable experience, relevant knowledge and skills within a working environment. The Scheme is open to organisations in the private, public and community or voluntary sectors.

The Scheme has made significant progress to-date. 6,842 jobseekers have commenced their internship since 1 July 2011. There are currently 4,670 jobseekers undertaking internship opportunities. In addition, there are 1,876 internship opportunities available across a wide number of occupational sectors and geographic areas being hosted on the JobBridge website www.jobbridge.ie.

The eligibility to access the National Internship Scheme is based on the overall objective of labour market policy in ensuring a pathway to appropriate employment, training and education opportunities for those on the Live Register. It is important that as employment opportunities become available they are taken up by those on the Live Register.

Given the scale of the unemployment crisis, the key objective of labour market policy and of the NEAP will be to keep those on the Live Register close to the Labour Market and prevent the drift into long-term unemployment. This will ensure that Live Register members availing of activation measures such as the National Internship Scheme will, while retaining social welfare unemployment payments and a top up allowance of €50, get an opportunity to engage in the workplace, get work experience and so be in a position to avail of employment opportunities as the economy improves.

For these reasons, it has been proposed as a matter of public policy that eligibility for the scheme be confined to those on the Live Register and in receipt of jobseeker's allowance/benefit payments or signing for credits for 78 days of the last 6 months. Time spent of certain government sponsored training may also be taken into account when calculating eligibility. As such, the policy objective is to prioritise scarce resources to those on the Live Register so as to increase their chances of leaving it thereby ensuring a reduction in Exchequer costs over time.

More specifically, time spent unemployed while in Australia does not count towards meeting the eligibility criteria.

Question No. 99 withdrawn.

Social Welfare Appeals

Mary Lou McDonald

Ceist:

100 Deputy Mary Lou McDonald asked the Minister for Social Protection the position regarding back payments of rent supplement in respect of a person (details supplied) in County Dublin. [23511/12]

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

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.

Social Welfare Code

John Deasy

Ceist:

101 Deputy John Deasy asked the Minister for Social Protection the reason the invalidity pension section of her Department has opted for an internal section policy not to disclose decisions on claims to public representatives; when this privilege was withdrawn and what consultations were held with her office; and if she will make a statement on the matter. [23513/12]

I am assured that no such policy exists within invalidity pension section.

It is a long-standing policy in invalidity pension section to notify each claimant directly, in writing, of a formal decision on their claim. However, information on potential eligibility of any claim will not be released either to a claimant or a public representative prior to a formal decision being made on the claim. I am informed that, in certain circumstances for control and quality assurance purposes, decisions made by deciding officers are required to be checked and ratified by a supervisor. In such cases, it is not considered appropriate to release information, either to the claimant or to a public representative, until the decision is duly checked and ratified. These procedures are in place to ensure that any information released is accurate.

I trust that you will understand that these policies are in place to ensure the highest quality in information provision, both for claimants and their public representatives and not to obstruct or limit access to information. Invalidity pension section operates dedicated Oireachtas enquiry lines which are staffed on a continuous basis to ensure that quality information is available to public representatives as required.

Social Welfare Benefits

Barry Cowen

Ceist:

102 Deputy Barry Cowen asked the Minister for Social Protection the number of social welfare payments being paid to non-residential children in the European Union and the amount this is costing the State, broken down by year from 2007, 2008, 2009, 2010 and 2011. [23524/12]

The below table details the total expenditure on Child Benefit in respect of non-residential children from 2007 to 2011:

Year

Number of Children

Total Cost

2007

4,311

€4.77m

2008

9,909

€20.9m

2009

9,889

€19.7m

2010

8,555

€15.4m

2011

7,736

€13m

Social Welfare Appeals

Seán Ó Fearghaíl

Ceist:

103 Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will expedite an application for an invalidity pension in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23533/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14th January 2012. 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 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

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

Michael McGrath

Ceist:

104 Deputy Michael McGrath asked the Minister for Social Protection the position regarding an application for illness benefit appeal in respect of a person (details supplied) in County Cork [23535/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12th September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office and the case has been referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

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

Departmental Staff

Denis Naughten

Ceist:

105 Deputy Denis Naughten asked the Minister for Social Protection the grade medical assessors/advisors in her Department are; the qualifications are required to apply for such posts; and if she will make a statement on the matter. [23545/12]

The Medical Assessors employed in my Department are at Principal Officer level.

My Department recently received sanction from the Department of Public Expenditure and Reform to hold a competition to recruit Medical Assessors. The Public Appointments Service (PAS) is running the competition for the Department.

The following is an extract from the information booklet made available on the PAS website which details both the essential and desirable requirements for the position of Medical Assessor.

Essential Requirements:

Candidates must on or before the closing date of application;

be a medical practitioner who is fully registered in the General Register of Medical Practitioners or who is entitled to be so registered and must have at least six years satisfactory experience in the practice of the medical profession since registration and

possess the requisite knowledge and ability (including ability to communicate effectively) and be suitable to discharge the duties of the position and be suitable in all other respects.

Desirable Requirements:

Significant experience in the field of Occupational Medicine/ Assessment of Disability/ Psychiatry is highly desirable.

Further hospital training, preferably in a teaching environment and significant experience in general practice, is also desirable.

The work will involve the use of computers so a reasonable level of P.C. skills will be needed.

Social Welfare Appeals

Robert Troy

Ceist:

106 Deputy Robert Troy asked the Minister for Social Protection when she will make a decision on a carers’ allowance in respect of a person (details supplied); and if she will make a statement on the matter. [23587/12]

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

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.

Billy Timmins

Ceist:

107 Deputy Billy Timmins asked the Minister for Social Protection if an application for jobseeker’s allowance will be re-examined in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [23604/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 26th April 2012. 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 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an 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.

Debt Collection Agencies

Martin Ferris

Ceist:

108 Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that a company (details supplied) that is contracted to collect debts by Bord Gáis is not in compliance with existing domestic legislation and codes of practice. [23537/12]

Martin Ferris

Ceist:

111 Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to complaints made about, and media stories regarding, a company (details supplied) that has been contracted by Bord Gáis to collect debts; and if he will make a statement on the matter. [23606/12]

Martin Ferris

Ceist:

112 Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if he is satisfied that a company (details supplied) that is contracted to collect debts for Bord Gáis is fully in compliance with the Irish code of practise governing this area. [23608/12]

I propose to take Questions Nos. 108, 111 and 112 together.

The appointment of Debt Collection Agencies by Bord Gáis Éireann (BGÉ) is a matter for the Board and Management of the company and not one in which I have a function.

I have been advised by BGÉ that Arvato FS Ltd is an agent contracted by BGÉ for the purpose of debt collection and this company applies guidelines promoted by the UK's Office of Fair Trading (OFT) and the UK's Credit Services Association (CSA), which are mature and advanced in terms of ensuring the protection of consumers. Arvato Finance is a member of the CSA, whose code of practice has been used to develop the Irish Institute of Credit Management (IICM) code of conduct for debt collectors, a code that is adhered to strictly by Arvato Finance.

Bord Gáis Energy has advised that debt collection agencies are only used when a customer has closed their account or has moved to another supplier and has not paid their final bill.

Bord Gáis Energy is committed to providing an excellent level of customer service and in particular, to working with customers who have fallen into arrears in order to avoid disconnections or resorting to debt collection agencies. Bord Gáis Energy will help develop payment plans or install prepayment meters to assist customers in managing any debts.

It is also important to note that there are significant consumer protection measures in place for Irish energy consumers. The Commission for Energy Regulation (CER) has specific statutory functions to ensure a high standard of protection for consumers in their dealings with suppliers.

The CER has set out Guidelines for a Code of Practice on Disconnections. All licensed suppliers, including BGÉ, are bound by the CER's Codes in the treatment of customers regarding debt.

The CER carries out audits on compliance with the Code of Practice on Disconnection. The findings from the 2011 audit conducted by the CER found that all supply companies are compliant with the CER's requirements of the Guidelines on Disconnection and related Codes of Practice and procedures.

The CER's Energy Customers team also offers an independent complaint resolution service for customers with an unresolved dispute with their supplier.

Emergency Services

Arthur Spring

Ceist:

109 Deputy Arthur Spring asked the Minister for Communications, Energy and Natural Resources his plans to introduce a text message system enabling persons with a disability, that is, deaf or speech impaired to contact emergency services in case of an emergency; and if he will make a statement on the matter. [23595/12]

A short message service (SMS) system was launched by my Department on the 13th January 2012 which allows those with speech and hearing difficulties to communicate with the Emergency services using normal mobile phones and by sending their text messages to the shortcode 112, the harmonised EU number for access to the emergency services.

The implementation of the new network involved the upgrade of the emergency call answering service, modification to the mobile phone networks and a change in the operational procedures used by the emergency services. The new service complements the existing relay system which allows fixed line callers to the emergency services to communicate using dedicated terminals lines that allow users to type their messages.

The new SMS service is being trialled until the end of June 2012. The purpose of the trial is to test the technology used and to learn from the user experience.

Departmental Contracts

Terence Flanagan

Ceist:

110 Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will list the new and existing telecommunications contracts his Department issued to a company (details supplied) over the past five years; and if he will make a statement on the matter. [23541/12]

Since 2009, the Department has carried out competitive tendering on two occasions under the Mobile Voice and Data Services Framework agreement established by the Department of Finance. Vodafone has won the contract on both occasions. The current 18 month contract expires on 30th June 2012.

Questions Nos. 111 and 112 answered with Question No. 108.

Pension Provisions

Mary Lou McDonald

Ceist:

113 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government his proposals for new pension terms for city and county managers submitted to the Department for Public Expenditure and Reform for consideration. [23431/12]

Following consultation with my colleague, the Minister for Public Expenditure and Reform, it has been decided that revised terms for newly appointed local authority Managers will be introduced in line with the revised terms for newly appointed Secretaries General. Newly appointed local authority Managers, unless they have already reached pension age, will no longer benefit from immediate payment of pension and lump sum before they reach their preserved pension age; nor will they receive notional added years for pension purposes. No severance will be payable except in the case where a Manager is not of pension age or has not been offered an alternative post; then severance of up to one year's salary will apply.

These are significant changes compared to the terms that apply to those previously appointed.

The Local Government (Superannuation) (Consolidation) Scheme 1998 to 2007 will be amended shortly to reflect these changes.

Water and Sewerage Schemes

Seamus Healy

Ceist:

114 Deputy Seamus Healy asked the Minister for the Environment, Community and Local Government the position regarding the planning, approval, commencement and completion of water schemes (details supplied); and if he will make a statement on the matter. [23462/12]

The Water Services Investment Programme 2010-2013 provides for the development of a comprehensive range of new water services infrastructure in South Tipperary. The Programme includes contracts under construction and to commence to the value of some €41 million in the county during the period of the Programme.

The Burncourt and Fethard Regional Water Supply Scheme Water Treatment Plants Contract is included among the contracts to commence during the lifetime of the Programme, with further contracts for Burncourt and Fethard to advance through planning.

The revised Design Build Operate Contract Documents for the water treatment plants are currently being examined in my Department and a decision will be conveyed to the Council as soon as possible. When approved by my Department, the Council can then proceed to invite tenders for this contract.

Local Authority Charges

Brendan Griffin

Ceist:

115 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he has considered the use of smart meters in the context of deciding the logistics of introducing domestic water charges; if he will state if there is a possibility that smart meters will be used; and if he will make a statement on the matter. [23514/12]

My Department has engaged with the Department of Communications, Energy and Natural Resources and the Commissioner for Energy Regulation to examine the potential for synergies between the water metering programme and the Smart Metering programme. It is intended that these consultations will continue as the water metering programme is being further developed.

Dessie Ellis

Ceist:

116 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government his plans to resolve the issue whereby non-principal private residence charges are being accumulated along with large late fees and penalties on many homes due to lack of awareness of this charge by property owners who, if aware from the first date payment was due, would have been happy to pay. [23547/12]

The Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities through the introduction of the charge on non-principal private residences (NPPR). The charge is set at €200 and is being levied and collected by local authorities. The Act places the onus on an owner of a residential property which is situated in the State to assess his or her liability for the charge in the first instance. Application of the legislation in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

There is no obligation on local authorities to issue notifications or invoices regarding the charge. Nationwide advertising has taken place each year since its introduction in 2009 to ensure general awareness of the charge and the liability dates. In tandem, local authorities have undertaken their own advertising campaigns locally. Communications have also been issued to persons who paid the charge in respect of previous years reminding them of their possible liability for the charge.

Significant efforts are being made to ensure that property owners are aware of the charge and the liability dates. However, the charge is based on self-assessment principles and it is a matter for persons with a liability to pay the charge by the due date to avoid late payment fees.

I have recently issued guidelines to local authorities in relation to the operation of the "care and management" provisions of the Local Government (Charges) Act 2009 in the context of individual situations where genuine hardship in having to discharge a liability in a single payment can be demonstrated. In such cases, the guidelines set out the modalities for local authorities in entering into payment arrangements for the discharge of outstanding liabilities in instalments over a specified period.

Martin Ferris

Ceist:

117 Deputy Martin Ferris asked the Minister for the Environment, Community and Local Government if his Department has contracted companies to collect outstanding household charges. [23609/12]

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge.

Under Section 12 of the Act, it is a function of a local authority to collect household charges and late payment penalties due to it and all household charges and late payment penalties imposed and payable to a local authority are under the care and management of the local authority concerned. As such, it is entirely a matter for county and city councils to have appropriate arrangements in place for the collection of household charges and late payment penalties.

International Agreements

Clare Daly

Ceist:

118 Deputy Clare Daly asked the Minister for Justice and Equality the date on which he intends to ratify the UN Convention on the Rights of People with Disabilities; and the reason for the delay in same [23426/12]

It is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.

The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable ratification. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, are in the process of assisting the Committee to assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.

One of the key requirements in this regard is the enactment of mental capacity legislation. The Government's Legislation Programme as announced on 11 January 2012, indicates that the Mental Capacity Bill is expected to be published in the current Dáil session. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. The passage of this Bill will add substantially to the overall progress on implementation of the requirements towards ratification of the Convention.

Ministerial Transport

Niall Collins

Ceist:

119 Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a breakdown of the costs of office holder car transport over the past 12 months; and if he will make a statement on the matter. [23400/12]

Niall Collins

Ceist:

120 Deputy Niall Collins asked the Minister for Justice and Equality if he will provide the total cost of office holder car transport in 2010, separately the total for 2009, the same figure for car transport costs for Ministers of State, the total cost of car transport, including ministerial and office holder transport, since March 2011; and if he will make a statement on the matter. [23401/12]

I propose to take Questions Nos. 119 and 120 together.

As the Deputy will be aware, the Government introduced a number of changes for the provision of Office Holder transport during 2011. One of the consequences of that decision was that the transport arrangements in place for Ministers of State became applicable to Government Ministers, subject to very limited exceptions on security grounds. In addition, it was decided that former Presidents and Taoisigh would only be supplied with official transport for important State occasions. The revised transport arrangements came into operation for Government Ministers on 1st May 2011 and for former Office Holders on 16th June 2011.

The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context, I am informed by the Garda authorities that records in relation to the cost of providing Office Holder transport have not been maintained in a manner which would allow for the identification of costs associated with individual Office Holders. However, the Garda authorities have indicated that total expenditure on the provision of Office Holder transport for the periods referred to by the Deputy was as set out in the following table:

Year

Expenditure

2009

€7,237,052

2010

€7,502,896

2011- 2012

March 2011-April 2012

€4,264,059

May 2011-April 2012

€3,132,066

With regard to the table, some of the costs arising in 2011 included costs associated with the service prior to and after the new transport arrangements had been fully introduced.

The Garda authorities do not have details of Ministerial transport costs which are not charged to the Garda Vote. However, significant savings have been achieved within the Vote and I also understand that, overall, the revised arrangements have considerably reduced the level of expenditure on Ministerial transport.

Garda Operations

Joe McHugh

Ceist:

121 Deputy Joe McHugh asked the Minister for Justice and Equality if he will provide information regarding An Garda Síochána jurisdiction on Irish waters (details supplied); and if he will make a statement on the matter. [23409/12]

I have no function in relation to the extent of Irish territorial waters, but I can confirm that the Garda Síochána is empowered to deal with any offences under Irish law reported to it or coming to its attention.

Personal Insolvency Bill

Michelle Mulherin

Ceist:

122 Deputy Michelle Mulherin asked the Minister for Justice and Equality if he will consider allowing one Money Advice and Budgeting Service office per county to be designated as the personal insolvency trustee for the purpose of the personal insolvency Bill. [23416/12]

The Personal Insolvency Bill, the Heads of which I published on 25 January 2012, introduces a number of new non-judicial debt settlement systems. One of those systems — the Debt Relief Certificate (DRC) — provides for the writing-off of debt where debtors with no assets and no income may be unable to meet qualifying debts totalling not more than €20,000. The purpose is to create an efficient non-judicial means, of allowing persons to resolve unmanageable unsecured debt problems.

The intention is that the approved intermediary will assist debtors at the application stages of the process and will submit the completed applications on their behalf to the Insolvency Service for decision. While it is not stated in the Heads of the Bill, organisations such as MABS could operate as the approved intermediary if they wish. In this regard I am pleased to say that MABS has recently agreed to take on the role of approved intermediary (as recommended by the Law Reform Commission in their Report on Personal Debt). The detailed arrangements will be finalised with MABS and the Department of Social Protection in due course.

Other organisations might also be involved in the processing of DRC applications. These would most likely be non-profit organisations as a viable business model for money advisors or personal insolvency trustees would not appear to apply in the context of a DRC.

Michelle Mulherin

Ceist:

123 Deputy Michelle Mulherin asked the Minister for Justice and Equality the person who will fund and pay the personal insolvency trustee described in the personal insolvency Bill; if the personal insolvency trustee will be entitled to work on a commission basis; and if he will make a statement on the matter. [23417/12]

Michelle Mulherin

Ceist:

124 Deputy Michelle Mulherin asked the Minister for Justice and Equality the body that will decide who makes the assessment as to what is the essential income for an individual pursuant to the personal insolvency Bill. [23418/12]

Michelle Mulherin

Ceist:

125 Deputy Michelle Mulherin asked the Minister for Justice and Equality if he will consider including voluntary arrangements within the scope of the personal insolvency Bill; and if he will make a statement on the matter. [23419/12]

I propose to take Questions Nos. 123 to 125, inclusive, together.

The Personal Insolvency Bill, the Heads of which I published on 25 January 2012, introduces a number of new non-judicial debt settlement systems. Two of the proposed arrangements — Debt Settlement Arrangement and the Personal Insolvency Arrangement — require the involvement of a Personal Insolvency Trustee.

The intention is that the Personal Insolvency Trustee will act as an intermediary between the debtor and his or her creditors. The General Scheme of Bill sets out in some detail the duties of the Trustee from initial assessment of the debtor's suitability for a particular arrangement, to negotiation of the arrangement and through to its completion. The role of the Trustee is critical to the proper functioning of the debt settlement arrangements as it is vital that debtors be properly and independently advised as to the implications of all options available to them prior to arriving at a decision. The average debtor is at a disadvantage vis-à-vis credit institutions and creditors in terms of experience, advice and expertise. Once a debt settlement is agreed and registered, effectively the personal insolvency becomes the custodian of the arrangement.

The Trustee will be selected by the debtor and, similar to debt settlement schemes which operate in other jurisdictions, it is intended that the fees involved in the arrangement will be borne by the creditors on the assumption that this will facilitate the maximum debt recovery.

The Deputy will appreciate that a number of matters still require to be finalised in relation to the proposed legislation such as the detailed arrangements for licensing and regulation of personal insolvency trustees and parameters in regard to appropriate costs and remuneration. As these are essentially financial services, my Department is in consultation with the Department of Finance and the Central Bank to see how these issues might best be addressed within the context of regulation of financial advisory services generally.

Similarly, matters in relation to the assessment of reasonable living expenses in the context of the personal insolvency schemes envisaged in the Bill are also being finalised. In this regard my Department is in consultation with the Department of Finance and the Department of Social Protection with a view to determining how best to address this issue.

Finally, the intention is that the provisions of the Bill will not be overly prescriptive about what can be included in any Debt Settlement Arrangement or Personal Insolvency Arrangement. I believe that a certain flexibility may be required in order to deal with the varying scenarios which may arise. It will be a matter for the debtor and his or her creditors to decide whether any voluntary agreements in existence at the time of formulating a proposal for either Arrangement should be included or not.

Visa Applications

John Browne

Ceist:

126 Deputy John Browne asked the Minister for Justice and Equality when an application for a visa will be approved in respect of a person (details supplied); and if he will make a statement on the matter. [23445/12]

I am pleased to inform the Deputy that the visa application referred to was approved on the 4 May 2012.

Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Garda Investigations

Tom Fleming

Ceist:

127 Deputy Tom Fleming asked the Minister for Justice and Equality his views on correspondence regarding missing firearms (details supplied). [23489/12]

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

Garda Reports

Thomas P. Broughan

Ceist:

128 Deputy Thomas P. Broughan asked the Minister for Justice and Equality when he expects the 2011 Annual Report for An Garda Síochána to be published; and if he will make a statement on the matter. [23516/12]

I expect that the 2011 Annual Report of An Garda Síochána will be published shortly. I will arrange to have the report laid before the Houses of the Oireachtas as provided for in the Garda Síochána Act.

Legal Aid Service

Thomas P. Broughan

Ceist:

129 Deputy Thomas P. Broughan asked the Minister for Justice and Equality the reason for delays to civil legal aid at a law centre (details supplied); and the measures that have been taken to reduce waiting times; and if he will make a statement on the matter. [23527/12]

The Legal Aid Board is a statutory, independent body in accordance with the Civil Legal Aid Act, 1995. The matters raised by the Deputy are a matter for the Board. However, in order to be helpful to the Deputy I have had enquiries made with the Board.

I wish to inform the Deputy that I acknowledge that waiting times for the law centre in question as well as other law centres have increased since the downturn in the economy and that there has been a very significant increase in demand for the Board's services. The Board's grant-in-aid for 2012 in respect of general civil matters, which accounts for the vast majority of its funding, has effectively been maintained at its 2011 level and every effort is being made to use resources as efficiently as possible in light of increased demand for its services. I have also now incorporated the grant for asylum services into the grant-in-aid which should give the Board greater flexibility in using its resources. A number of other measures have also either already been put in place or are in the process of being put in place and I believe that these will have a positive impact for persons seeking services from the Board. Specific details are as follows:

The Board has outsourced to private solicitors significantly more work in recent years than it did a number of years ago. There is of course a budgetary constraint on what can be referred and it is not possible to accommodate all of the additional demand through private referral;

As of 1 November 2011 the Board assumed responsibility for the Family Mediation Service (following the enactment of the Civil Law (Miscellaneous Provisions) Act 2011). The Board is currently reviewing the operation of the State funded mediation service with a view to achieving synergies with its legal services and better options in terms of resolving family disputes;

The arrangements on foot of which barristers are retained have been in place since 1998 and are currently under review. There will be a level of restructuring of the current arrangements;

The Board is working with individual law centres with a view to trying to deliver greater efficiencies in a number of its centres. It is assisted in this regard by the preparation of a Value for Money Review Report prepared by my Department and the Department of Finance (now the Department of Public Expenditure and Reform); and

The Board has commenced a pilot ‘triage' service. The objective of the pilot service is to ensure that every applicant for services sees a solicitor within a period of one month for the purpose of obtaining early legal advice. While it is acknowledged that those seeking further services will experience a waiting period, it is anticipated that an early consultation will benefit the client in terms of signposting actions clients can take themselves as well as signposting other support services. The pilot service has commenced in five of the Board's law centres — Sligo, Nenagh, Cavan, Wicklow and Athlone. It is anticipated that the pilot service will commence in the remaining centres shortly.

Personal Insolvency Bill

Terence Flanagan

Ceist:

130 Deputy Terence Flanagan asked the Minister for Justice and Equality the role the Money Advice and Budgeting Service will play when the Insolvency Bill is enacted; his views on personal insolvency trustees; and if he will make a statement on the matter. [23532/12]

The Personal Insolvency Bill, the Heads of which I published on 25 January 2012, introduces a number of new non-judicial debt settlement systems. One of those systems — the Debt Relief Certificate (DRC) — provides for the writing-off of debt where debtors with no assets and no income may be unable to meet qualifying debts totalling not more than €20,000. The purpose is to create an efficient non-judicial means, of allowing persons to resolve unmanageable unsecured debt problems.

The intention is that the approved intermediary will assist debtors at the application stages of the process and will submit the completed applications on their behalf to the Insolvency Service for decision. While it is not stated in the Heads of the Bill, organisations such as MABS could operate as the approved intermediary if they wish. In this regard I am pleased to say that MABS has recently agreed to take on the role of approved intermediary (as recommended by the Law Reform Commission in their Report on Personal Debt). The detailed arrangements will be finalised with MABS and the Department of Social Protection in due course.

Other organisations might also be involved in the processing of DRC applications. These would most likely be non-profit organisations as a viable business model for money advisors or personal insolvency trustees would not appear to apply in the context of a DRC.

Two of the proposed arrangements in the Personal Insolvency Bill — Debt Settlement Arrangement and the Personal Insolvency Arrangement — will require the involvement of a Personal Insolvency Trustee.

The intention is that the Personal Insolvency Trustee will act as an intermediary between the debtor and his or her creditors. The General Scheme of Bill sets out in some detail the duties of the Trustee from initial assessment of the debtor's suitability for a particular arrangement, to negotiation of the arrangement and through to its completion. The role of the Trustee is critical to the proper functioning of the debt settlement arrangements as it is vital that debtors be properly and independently advised as to the implications of all options available to them prior to arriving at a decision. The average debtor is at a disadvantage vis a vis credit institutions and creditors in terms of experience, advice and expertise. Once a debt settlement is agreed and registered, effectively the personal insolvency becomes the custodian of the arrangement.

The Trustee will be selected by the debtor and, similar to debt settlement schemes which operate in other jurisdictions, it is intended that the fees involved in the arrangement will be borne by the creditors on the assumption that this will facilitate the maximum debt recovery.

The Deputy will appreciate that a number of matters still require to be finalised in relation to the proposed legislation such as the detailed arrangements for licensing and regulation of personal insolvency trustees and parameters in regard to appropriate costs and remuneration. As these are essentially financial services, my Department is in consultation with the Department of Finance and the Central Bank to see how these issues might best be addressed within the context of regulation of financial advisory services generally.

Human Rights Issues

Shane Ross

Ceist:

131 Deputy Shane Ross asked the Minister for Justice and Equality regarding the case of a company (details supplied) vs Ireland, the mechanism or procedure he intends to implement to have the case re-opened in the Supreme Court; if he or any of his officials intends to meet with the company; and if he will make a statement on the matter. [23574/12]

Shane Ross

Ceist:

132 Deputy Shane Ross asked the Minister for Justice and Equality regarding the case of a company (details supplied) vs Ireland, the reason Ireland has not appointed a national coordinator as recommended by Rec(2008)2 of 6 February 2008; the action he is taking to erasing the consequences to the company of the breach of the convention; and the action he is taking regarding restitutio in integrum. [23575/12]

I propose to take Questions Nos. 131 and 132 together.

The company to which the Deputy refers brought proceedings to the European Court of Human Rights and obtained a ruling against Ireland in September 2011 in respect of its claim regarding a breach of the reasonable time requirement of Article 6(1) of the European Convention on Human Rights. The Court made an award to the plaintiff in respect of its legal costs and expenses in respect of the Convention proceedings which was paid in full. No further action in respect of the individual and company concerned is required from the State and this has been explained to the plaintiff involved. There is no requirement to reopen the case nor could the Minister do so as he is not a party to the case. I should add that the Court rejected other aspects of the complaint as manifestly ill-founded.

The Committee of Ministers of the Council of Europe makes non-binding recommendations designed to assist member states as to the implementation of ECHR judgments but allows a discretion to each member state to bring forward measures in accordance with its own legal systems and procedures. Ireland has not designated a national coordinating body but is cooperating with the Committee in implementing this judgment together with other decisions of the Strasbourg court.

Garda Vetting Service

Robert Dowds

Ceist:

133 Deputy Robert Dowds asked the Minister for Justice and Equality if he will amend rules so that when an employee or volunteer has received clearance from the Garda Vetting Unit in the recent past, this can be transferred if the employee moves to a different organisation. [23584/12]

As the Deputy may be aware, the Garda Central Vetting Unit (GCVU) provides employment vetting for over 19,000 organisations in Ireland who are registered with the Gardaí for this purpose and which employ/engage persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults. Garda vetting certificates are issued to specified registered organisations in respect of a particular post or employment in response to a written request and with the permission of the person who is the subject of that request. The present turnaround time for receipt of vetting is three weeks which I consider is well within acceptable limits.

The Garda Vetting certificate is non-transferable. It is important to emphasise that it is a disclosure to the requesting, registered organisation of the position at the time when it is issued. As non-transferability protects against the risk of fraud or forgery of such certificates and is a guarantee of the integrity of the vetting system, there are no plans to amend current procedures.

Garda Communications

Arthur Spring

Ceist:

134 Deputy Arthur Spring asked the Minister for Justice and Equality his plans to introduce a text message system enabling persons to text the Gardaí should they be unable to speak on a phone in case of an emergency; and if he will make a statement on the matter. [23596/12]

I understand from the Garda authorities that the Minister for Communications, Energy and Natural Resources launched a national pilot of a new 112 SMS service in January 2012. This facility enables members of the public to text requesting the assistance of an emergency service and it is available to anyone who registers for the service. An Garda Síochána are participating fully in the pilot and they have procedures in place to deal with requests made through this service.

Proposed Legislation

Dara Calleary

Ceist:

135 Deputy Dara Calleary asked the Minister for Justice and Equality if he has reviewed the judgment delivered in a recent case (details supplied) in particular the comments and recommendations of the presiding judge in relation to the internet; and if he has any legislative plans in this area. [23618/12]

Policy in the law on defamation is contained in the Defamation Act 2009 as approved by both Houses of the Oireachtas. Under the Act, the tort of defamation consists of the publication, by any means, of a defamatory statement concerning a person to one or more than one person; and a statement includes electronic communication that is in the form of data, text or images.

Ministerial Travel

Dara Calleary

Ceist:

136 Deputy Dara Calleary asked the Minister for Defence the total cost to the Exchequer of the two Government jets since the Government came into office; and if he will make a statement on the matter. [23403/12]

Dara Calleary

Ceist:

137 Deputy Dara Calleary asked the Minister for Defence if he will provide in tabular form a detailed breakdown of each journey undertaken by each of the two Government jets; the purpose of each trip; the members of the Government or other Ministers present, if any, since this Government came into office; and if he will make a statement on the matter. [23404/12]

I propose to take Questions Nos. 136 and 137 together.

The Ministerial Air Transport Service (MATS) is primarily provided by the Gulfstream IV and Learjet 45 aircraft, which were specifically acquired for that purpose. The CASA maritime patrol aircraft have been used infrequently for Ministerial Air Transport missions where no MATS aircraft has been available for operational or technical reasons. Details of usage of the Ministerial Air Transport Service from 9 March 2011 to date in 2012 are set out in the tabular statement attached, and include details of the requesting Minister(s), dates of travel, mission route and Ministerial time on board. The purpose of each trip is a matter for the requesting Department and is not included in the statement. The details provided relate to requests from Government Ministers that have been approved by the Taoiseach.

The Department follows the normal practice in the aviation business of costing aircraft by reference to the cost per flying hour under each of two headings:

The direct cost which includes costs which are additional to those associated with having the aircraft and which only arise when the aircraft is flown including maintenance, fuel and support services such as catering costs, cleaning services and airport handling charges.

The total cost which is the direct cost plus the costs associated with having the aircraft and includes depreciation and personnel costs.

Costs in 2011/12

Average Direct Cost Per Hour €

Average Total Cost Per Hour €

Gulfstream

3,270

3,790

Learjet

1,940

4,200

CASA

2,800

4,210

These are average costs which take a number of variables into account. It is not possible to assign an exact cost to any particular mission or Minister.

GUILFSTREAM IV (From 9 March 2011 to date)

Date

Return Date

Ministerial Time On Board (Minutes)

Route

Minister

10/03/2011

12/03/2011

185

Baldonnel — Brussels — Knock — Baldonnel

An Taoiseach

15/03/2011

18/03/2011

825

Baldonnel — Washington — Baldonnel

An Taoiseach / Tánaiste Foreign Affairs

24/03/2011

25/03/2011

180

Baldonnel — Brussels — Baldonnel

An Taoiseach

12/04/2011

12/04/2011

200

Baldonnel — Luxembourg — Baldonnel

Tánaiste Foreign Affairs / Justice and Equality / MOS Foreign Affairs

17/04/2011

18/04/2011

120

Baldonnel — Northolt — Baldonnel

An Taoiseach

04/05/2011

06/05/2011

810

Baldonnel — Teteboro — White Plains — Teteboro — Knock — Baldonnel

An Taoiseach

09/06/2011

10/06/2011

200

Baldonnel — Luxembourg — Baldonnel

Justice and Equality

19/06/2011

19/06/2011

100

Baldonnel — Luxembourg — Baldonnel

Tánaiste Foreign Affairs

21/06/2011

22/06/2011

300

Baldonnel — Vienna — Baldonnel

Tánaiste Foreign Affairs

20/06/2011

20/06/2011

120

Baldonnel — Northolt — Stansted — Baldonnel

An Taoiseach / Communications, Energy and Natural Resources

23/06/2011

24/06/2011

180

Baldonnel — Brussels — Baldonnel

An Taoiseach / MOS Taoiseach

21/07/2011

21/07/2011

180

Baldonnel — Brussels — Baldonnel

An Taoiseach / MOS Taoiseach

25/09/2011

26/09/2011

420

Baldonnel — Algiers — Oran — Baldonnel

Agriculture, Marine and Food

29/09/2011

30/09/2011

330

Baldonnel — Warsaw — Baldonnel

An Taoiseach

12/10/2011

13/10/2011

180

Baldonnel — Brussels — Baldonnel

An Taoiseach / Communications, Energy and Natural Resources

22/10/2011

23/10/2011

180

Baldonnel — Brussels — Dublin

An Taoiseach / MOS Taoiseach

06/11/2011

07/11/2011

455

Baldonnel — Moscow — Baldonnel

Tánaiste Foreign Affairs

16/11/2011

16/11/2011

275

Baldonnel — Berlin — Frankfurt — Baldonnel

An Taoiseach

30/11/2011

30/11/2011

180

Baldonnel — Brussels — Baldonnel

Defence

07/12/2011

07/12/2011

345

Baldonnel — Vilnius — Baldonnel

Tánaiste Foreign Affairs

09/12/2011

09/12/2011

90

Baldonnel — Brussels — Baldonnel

An Taoiseach / MOS Taoiseach

12/01/2012

12/01/2012

120

Baldonnel — Northolt — Baldonnel

An Taoiseach

25/01/2012

27/01/2012

240

Baldonnel — Zurich — Baldonnel

An Taoiseach

30/01/2012

30/01/2012

180

Baldonnel — Brussels — Baldonnel

An Taoiseach / MOS Taoiseach

08/02/2012

09/02/2012

790

Baldonnel — Teteboro — Whiteplains — Teteboro — Dublin

An Taoiseach / Enterprise/Trade and Innovation

15/02/2012

17/02/2012

835

Baldonnel — Teteboro — White Plains — Teteboro — Boston — Baldonnel

An Taoiseach

23/02/2012

24/02/2012

385

Baldonnel — Berlin — Rome — Baldonnel

An Taoiseach

29/02/2012

02/03/2012

180

Baldonnel — Brussels — Baldonnel

An Taoiseach / Finance / MOS Taoiseach

15/03/2012

21/03/2012

1,050

Baldonnel — Chicago — Southbend — Whiteplains — Washington — Baldonnel

An Taoiseach

12/03/2012

12/03/2012

120

Baldonnel — Northolt — Baldonnel

An Taoiseach

26/04/2012

27/04/2012

200

Baldonnel — Luxembourg — Baldonnel

Agriculture, Marine and Food / Justice and Equality

LEARJET 2011 (From 9 March 2011 to date)

Date

Return Date

Ministerial Time On Board (Minutes)

Route

Minister

13/03/2011

14/03/2011

230

Baldonnel — Shannon — Brussels — Baldonnel

Finance / Environment, Heritage and Local Government

21/03/2011

21/03/2011

180

Baldonnel — Brussels — Baldonnel

Finance / MOS Foreign Affairs

07/04/2011

09/04/2011

330

Baldonnel — Budapest — Baldonnel

Finance

16/05/2011

17/05/2011

180

Baldonnel — Brussels — Baldonnel

Finance / MOS Taoiseach

20/05/2011

20/05/2011

80

Baldonnel — Cork — Baldonnel

An Taoiseach

07/06/2011

07/06/2011

100

Baldonnel — Luxembourg — Baldonnel

Agriculture, Marine and Food

11/07/2011

12/07/2011

180

Baldonnel — Brussels — Baldonnel

Finance

15/09/2011

17/09/2011

290

Baldonnel — Wroclaw — Baldonnel

Finance

22/09/2011

23/09/2011

360

Baldonnel — Brussels — Wroclaw — Brussels — Baldonnel

Defence / Justice and Equality

03/10/2011

04/10/2011

200

Baldonnel — Luxembourg — Baldonnel

Finance

21/10/2011

22/10/2011

180

Baldonnel — Brussels — Baldonnel

Finance

26/10/2011

26/10/2011

180

Baldonnel — Brussels — Baldonnel

An Taoiseach / MOS Taoiseach

07/11/2011

08/11/2011

180

Baldonnel — Brussels — Baldonnel

Finance

24/11/2011

25/11/2011

280

Baldonnel — Poznan — Baldonnel

Public Expenditure and Reform

29/11/2011

30/11/2011

180

Baldonnel — Brussels — Baldonnel

Finance

11/01/2012

12/01/2012

300

Baldonnel — Vienna — Baldonnel

Tánaiste (Foreign Affairs)

18/01/2012

18/01/2012

250

Baldonnel — Berlin — Baldonnel

Finance

23/01/2012

24/01/2012

250

Baldonnel — Brussels — Frankfurt — Baldonnel

Finance

26/01/2012

29/01/2012

725

Baldonnel — Naples — Tel Aviv — Naples — Baldonnel

Tánaiste (Foreign Affairs)

09/02/2012

09/02/2012

180

Baldonnel — Brussels — Baldonnel

Finance

20/02/2012

21/02/2012

180

Baldonnel — Brussels — Baldonnel

MOS Finance

24/02/2012

24/02/2012

385

Baldonnel — Tunis — Baldonnel

Tánaiste (Foreign Affairs)

08/03/2012

09/03/2012

180

Baldonnel — Brussels — Baldonnel

Environment, Community and Local Government

12/03/2012

13/03/2012

180

Baldonnel — Brussels — Baldonnel

Finance

29/03/2012

30/03/2012

240

Baldonnel — Copenhagen — Baldonnel

Finance

23/04/2012

23/04/2012

200

Baldonnel — Luxembourg — Baldonnel

Tánaiste (Foreign Affairs)

CASA (From 9 March 2011 to date)

Date

Return Date

Ministerial Time On Board (Minutes)

Route

Minister

27/10/2011

27/10/2011

330

Baldonnel — Luxembourg — Baldonnel

Justice and Equality

Defence Forces Personnel

Seamus Healy

Ceist:

138 Deputy Seamus Healy asked the Minister for Defence if he will arrange for the return of the Felix Grant Memorial Plaque to Clonmel, County Tipperary, following its removal on the closure of Kickham Barracks, Clonmel in view of the fact that he served at Kickham Barracks, Clonmel and his family resides in the town. [23458/12]

Company Sergeant (CS) Felix Grant (RIP) lost his life in the Congo on 3 October 1960. His death is particularly significant as he was the first serving member of the Defence Forces to die on overseas service. Following his death a memorial plaque was erected by his comrades in the 12 Infantry Battalion on the wall of Our Lady of the Rosary Garrison Church in Kickham Barracks, Clonmel. On 9 February 2012 the Garrison Church in Clonmel held its final mass and it was deconsecrated thereafter. In order to ensure the safety and security of the plaque after the barracks closed, it was removed to the Garrison Church in Sarsfield Barracks, Limerick, where the remainder of the 12 Infantry Battalion personnel serve.

On 15 March 2012, despite difficulties in making contact with surviving members of his family, the Officer Commanding Kickham Barracks wrote to the daughter of CS Grant to advise her of plans to hold a re-erection ceremony of the plaque in Sarsfield Barracks Garrison Church in Limerick on a date to be confirmed. However no reply was received.

Neither my Department nor the Military authorities has had an approach from the family of the late CS Grant in relation to the memorial plaque.

Common Agricultural Policy

Michael Moynihan

Ceist:

139 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if he will provide an update on Common Agricultural Policy post 2013 reform; the anticipated impact on the single farm payment; the status of Common Agricultural Policy budget negotiations; and if he will make a statement on the matter. [23455/12]

Since their publication last October, the Commission's proposals have undergone two rounds of detailed technical examination at Council Working Group level. The Danish Presidency has begun to produce revised texts in some areas, which reflect where it feels Member States are broadly in agreement on some issues, but which do not yet necessarily equate to final compromise texts. In the meantime, key policy issues within the reform such as direct payments, greening and simplification have also been discussed by the Council of Ministers and by the Special Committee on Agriculture. Negotiations will continue at technical and political level over the next year or more, and it is very likely that the current texts will change considerably before final agreement is reached.

In a parallel process, negotiations on the new Multiannual Financial Framework (MFF) for the EU budget for the period 2014 to 2020 have begun to gather pace, and will be progressed primarily through the General Affairs Council before being decided ultimately by the European Council.

These issues are also being discussed in the European Parliament, and will be the subject of reports from rapporteurs on each of the four draft CAP regulations. The CAP reform is subject to co-decision, and therefore the Parliament will be a full partner in any final agreement that is reached. As a Member State taking over the reins of the EU Presidency in January 2013, Ireland is committed to playing an active and constructive role in securing agreement on the reform of the CAP.

The Deputy rightly points to the CAP budget and the impact of the Commission's proposals on the system of direct payments as two of Ireland's key priorities.

On the budget, it is my view that a strong Common Agricultural Policy will make an important contribution to European economic recovery in the years ahead. In order to guarantee a strong CAP, commensurate resources need to be devoted to it. I believe that the funding proposals in the MFF, which maintain CAP spending at current levels in nominal terms post-2013, represent a good starting point. However, it is the case that the agriculture heading is the one showing the greatest restraint, and in my view the amount proposed by the Commission is the minimum required. It is also the case that there are continuing, and intense, pressures in the MFF negotiations for reductions in the proposed overall EU budget, with obvious implications for proposed CAP allocations. These pressures must continue to be resisted.

On the potential impact of the Commission's proposals for distribution of direct payments within Member States, the Commission proposal is to gradually move away from payments based on historical production references towards a system of uniform per hectare payments, or flat rates, by 2019, in each Member State or region of a Member State. Many Member States already have such flat rates or are evolving towards them. I recognise that we cannot continue to base our payments on outdated historic production references. Nevertheless, I have major difficulties with the pace and extent of convergence in the Commission's proposal.

Under a national flat rate, around 76,000 Irish farmers would gain an average of 86% on their current payments, while around 57,000 would lose an average of 33%. These are average percentages, and some of the gains and losses would be far larger than this. In general it is clear that the losses would be incurred by more productive farmers. This would have undesirable consequences at a time when Ireland is trying to encourage sustainable intensification in the agri-food sector, as we strive to achieve the objectives in the Food Harvest 2020 strategy.

I have accordingly been pressing for the maximum possible flexibility to be given to Member States to design payment models that suit their own farming conditions, and to adopt a more gradual, back-loaded transition process, rather than the very rapid, front-loaded approach proposed by the Commission.

I would like to have the possibility of putting a limit on the amount any farmer could lose in any redistribution. This would be consistent with the Commission's desire to achieve a more level playing field, but would avoid a disruptive level or pace of change. The ‘approximation' approach, by which all payments could gradually move towards, but not fully to, the average, is one alternative that I believe should be considered in this regard. The Commission's "pragmatic" proposal for redistribution between Member States is, in effect, an approximation approach and provides a useful precedent.

I have been very active in seeking allies for this position, and I have been making significant progress, particularly with a group of Member States with somewhat similar concerns. However, it should also be understood that a majority of Member States have no difficulty with the idea of flat rate payments, although they have concerns about other aspects of the proposals.

The negotiation process on CAP is a complex and difficult one, but all of my efforts are focused on achieving the best possible outcome for Ireland. These efforts will be continued over the coming months as the process evolves, and will further intensify during our Presidency, during which Ireland will work with other Member States, and with the European Parliament and the Commission, to secure an agreement that will provide an appropriate policy structure for the agri-food sector over the coming years.

Animal Welfare

Maureen O'Sullivan

Ceist:

140 Deputy Maureen O’Sullivan asked the Minister for Agriculture, Food and the Marine if he is satisfied that Horse Racing Ireland and The Turf Club are compliant with all aspects of animal welfare in relation to race horses entrusted to them; and if he will outline the way both organisations deal with complaints made against their standards. [23468/12]

Earlier this year I responded in detail to questions put down by the Deputy regarding the matters to which the Deputy now refers which is the welfare of horses. I have explained, in my earlier replies to the Deputy, my Department's responsibilities with regard to the welfare of horses and the options open to an individual should he or she wish to further progress complaints relating to the welfare of horses.

My Department's responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only, i.e. animals normally bred or kept for the production of food or for use in or for the purpose of farming. The relevant legislation in the matter raised by the Deputy is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010, SI 311 of 2010. Animals "used in competitions/shows, cultural or sporting events or activities while so being used" are outside the scope of SI 311 of 2010. Accordingly it is clear that complaints relating to the welfare of horses in training are not covered by this legislation and thus currently fall outside the remit of the Department.

The principal statutes governing cruelty to all animals including race horses, in this country, is the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act, 1965. Responsibility for enforcing this legislation rests with An Garda Síochána who may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.

I have clarified to the Deputy in the past that my Department has no role, or jurisdiction, in resolving the issues referred to and that it is for the owner of the race horses to decide if she or he wishes to report matters to the Gardaí or indeed if he or she wishes to institute civil proceedings. It is my understanding that complaints made to the regulatory bodies have been investigated and the outcome of those investigations have been made known to the complainant.

The Programme for Government 2011 contains a commitment to strengthen legislation on animal cruelty and animal welfare. The main vehicle to fulfil this commitment is the new Animal Health and Welfare Bill which consolidates and updates existing legislation in the area of animal welfare and brings the responsibility for the welfare of all animals under the remit of my Department. The Bill is currently being considered by the Oireachtas.

Fuel Costs

Michael Colreavy

Ceist:

141 Deputy Michael Colreavy asked the Minister for Agriculture, Food and the Marine his plans to provide assistance for farm contractors who are suffering from spiralling fuel costs; and if he will make a statement on the matter. [23552/12]

I am aware of the continued high cost of inputs for several sectors of the economy. Feed prices and fuel costs have been high for well over a year. Fuel prices are largely dictated by global influences and can also increase or decrease based on the value of the dollar against the Euro. Green diesel is already substantially less expensive than ordinary diesel. This is a long-standing policy which seeks to alleviate the difficulties experienced by the sector.

Departmental Schemes

Brendan Griffin

Ceist:

142 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the entitlements available and the application procedure required for a new entrant into farming with their own herd number and green certificate who is also renting and has stocked a farm; and if he will make a statement on the matter. [23428/12]

The 2012 National Reserve consists of one non-mandatory category i.e. New Entrant to farming and caters for farmers who commenced farming for the first time after 17 May 2010. A New Entrant is defined as a farmer who did not pursue any agricultural activity in his/her own name or at his/her own risk in the five years immediately preceding the commencement of the new agricultural activity.

In order to qualify for entitlements from the National Reserve applicants must have a herd number or have applied for a herd number prior to 15 May 2012 and have submitted an application under the 2012 Single payment scheme providing details of the number of eligible hectares farmed. Owned and leased/ rented land is eligible.

In addition, applicants are required to meet certain criteria with regard to income limits and educational qualifications. Off-farm income cannot exceed €30,000 and total income, including farm income, cannot exceed €40,000. Applicants may choose either year ended 31 December 2010 or 31 December 2011for income purposes. With regard to educational qualifications applicants must have obtained a FETAC Level 6 Advanced Certificate in Agriculture or its equivalent. The green certificate in farming is regarded as equivalent for this purpose.

Applicants who already own Single Payment entitlements with a total value of €10,000 or more (including entitlements acquired by purchase, inheritance or gift) will not be eligible for an allocation of entitlements from the National Reserve. The maximum payment under the 2012 National Reserve is €5,000.

The National Reserve is replenished from entitlements that remain unused over a period of two consecutive years. Where the value of unused entitlements at the end of 2012 is insufficient to meet the requirements of all eligible applicants under the 2012 National Reserve, a linear cut will be applied to the allocation of successful applicants. Application forms for the 2012 National Reserve are available on the Department website www.agriculture.gov.ie. The closing date for receipt of completed applications is 15th May, 2012.

Paul Connaughton

Ceist:

143 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine if systems have been put in place to deal with the effect that the institution of a milk production partnership has on the REP scheme plans of those involved in view of the fact that the matter appears to be causing considerable delays in payments to farmers in that situation; and if he will make a statement on the matter. [23438/12]

Arrangements are now in place to facilitate milk partnerships under the Rural Environment Protection Scheme (REPS). The situation is that partnerships are eligible to participate in REPS provided there is one REPS agri-environmental plan is in place for all lands owned/leased/rented by all partners involved in the milk partnership.

In the case of the person named, he commenced in REPS 4 in October 2009 and received payment for the first two years of their contract. As a consequence of a change in the system of farming and the creation of a milk partnership by the person named, an adjusted plan was requested. This plan has been received by my Department and officials are currently examining the adjusted plan with a view to an early resolution and payment in respect of 2011.

Íocaíochtaí Deontas

Éamon Ó Cuív

Ceist:

144 D’fhiafraigh Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén fáth nach bhfuil íocaíochtaí AEOS II 2011 á ndéanamh le feirmeoirí i láthair na huaire, go háirithe le feirmeoirí nach bhfuil fadhbanna lena n-iarratais tar éis scrúdú riaracháin a bheith déanta orthu ag a Roinn; agus an ndéanfaidh sé ráiteas ina thaobh. [23469/12]

Faoi Rialacháin an AE a rialaíonn an Scéim um Roghanna Comhshaol Talmhaíochta agus scéimeanna íocaíochta bunaithe sa cheantar, ní mór seiceáil riaracháin chuimsitheach, tras-sheiceáil leis an gCóras Aitheanta Dáileachtaí Talún ina measc, a chur i gcrích ar gach iarratas sular féidir íocaíocht ar bith a eisiúint. Tarlaíonn na seiceálacha seo i bhfad roimh ré agus táim ag súil leo a bheith curtha i gcrích go luath amach anseo agus go dtosófar ag déanamh íocaíochtaí i leith 2011 i mí an Mheithimh. Tosófar le híocaíochtaí a dhéanamh atá dlite i leith 2012 níos déanaí sa bhliain.

Grant Payments

Tom Fleming

Ceist:

145 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will examine the agri environment options scheme application in respect of a person (details supplied) in County Kerry. [23490/12]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st November 2010.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks a query arose in relation to the claimed Natura area on some of the parcels. This problem is currently being examined and I expect payment will issue shortly.

Payments in respect of the 2011 Scheme year are subject to a similar administrative checking process which includes verification of capital investments related to approved AEOS actions. During this checking process a query arose regarding dates on the invoices submitted. My Department has carried out a review of the file and following this review all invoices submitted by the person named are now being included for consideration for payment.

Special Areas of Conservation

Noel Harrington

Ceist:

146 Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine when he will report progress on the Environmental Impact Assessment base studies for Kenmare Bay; when he expects the assessment process to be completed; and if he will make a statement on the matter. [23505/12]

It is assumed that the assessments referred to by the Deputy relate to the Appropriate Assessment process conducted by the Marine Institute in respect of bays designated as Special Areas of Conservation (SACs) or Special Protection Areas (SPAs) under the EU Habitats/Birds Directives.

Kenmare Bay is designated as a Special Area of Conservation under the EU Habitats Directive (Natura 2000 site). As a designated ‘Natura 2000' site all applications for aquaculture licences in Kenmare Bay are required to be appropriately assessed for the purpose of environmental compliance with the EU Habitats Directives. My Department, in conjunction with the Marine Institute and the National Parks and Wildlife Service (NPWS) of the Department of Arts, Heritage and the Gaeltacht, is engaged in a comprehensive programme to gather the necessary baseline data appropriate to the conservation objectives of ‘Natura 2000' areas. This data collection programme is substantially complete. Analysis of the data, together with the setting of appropriate conservation objectives by the NPWS, will enable all new, renewal and review applications to be appropriately assessed for the purpose of ensuring compliance with the EU Birds and Habitats Directives. This work represents a significant financial, administrative and scientific investment by the State in resolving this issue. The Appropriate Assessment of aquaculture applications is being dealt with on a bay-by-bay basis.

The completion of the process of identifying Conservation Objectives and conducting Appropriate Assessments varies depending on location and key operational factors including weather conditions, the quality of data received from field operations and the need to carry out additional survey work in certain specific instances.

Kenmare Bay remains part of the package of prioritised areas under assessment. This package is reviewed on a regular basis with a view to expediting the appropriate assessment process.

Addressing the issue of aquaculture licensing in ‘Natura 2000' areas is a key priority for my Department and you can be assured that every effort is being made to expedite the process having regard to all the complexities involved.

Animal Diseases

Noel Harrington

Ceist:

147 Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine if he will state the details of the new tuberculosis eradication programme; and if he will make a statement on the matter. [23506/12]

There has been a significant improvement in the Bovine TB situation over the past decade and eradication now appears to be a genuinely practicable proposition over the coming years. The number of reactors has declined from 40,000 to 18,500 during the period 2000 to 2011. This is the lowest recorded since the commencement of the eradication programme in the 1950's and improves on the record low achieved in 2010.

In view of the improvement in the overall TB situation and with a view to progressing towards eradication, Department implemented a number of enhancements to current TB controls earlier this year. These changes were explained to all of the farm organisations on a number of occasions prior to their introduction. The position on each of the changes is as follows:

Follow up on overdue testing

Under the EU Trade Directive 64/432, all herds are required to be tested for bovine TB every 12 months (Annual Round test). However a significant percentage of annual round tests take place outside of the 12 months period, In addition, many of the other tests, such as reactor re-tests and special check tests, also take place after the due date. Under the new policy, where a TB test is deemed to be overdue the herd concerned will, within a short period of time, be automatically restricted until such time as the test is completed and clear. I should explain that herdowners are given plenty of advance warning of the due date for testing and their herds are only restricted after further warning.

Contiguous herds

Herds which are contiguous to the farm fragment linked to a high risk breakdown are put on a contiguous test programme. However, there is normally an interval of several weeks following a herd breakdown before a contiguous herd is identified and tested. Previously during this interval, farmers were free to trade their animals and therefore there was a risk of spreading TB from the sale of such animals to clear herds. Statistics available to my Department show that animals in herds which are contiguous to high risk breakdowns are 3 times more likely to have TB infected animals than "normal" herds, indicating that the risk of TB spreading from herds which are contiguous to high risk breakdowns is very significant.

As a result, my Department has amended the controls on movement from contiguous herds such that herds which have not had a full herd test within the previous 4 months will be prevented from selling cattle on the open market pending a full clear herd test. However, such herds are permitted to move cattle direct to slaughter and to buy-in cattle under permit. They will also be immediately de-restricted once they have passed a TB herd test. I should point out that the new controls only apply to herds which are identified as relevant to the breakdown following an epidemiological investigation.

Inconclusive reactors

Under EU Trade Directive 64/432/EEC, an animal which has shown an inconclusive reactor result to the TB test can be traded normally if it passes a subsequent TB test. However, recent research carried out by UCD on behalf of the Department found that standard inconclusive reactors which passed the re-test and moved out of the herd, subsequent to passing the test, were 12 times more likely to be TB positive at the subsequent test/slaughter compared to all other animals in the herd. The same increased risk did not apply to the non-inconclusive animals that moved out of the same herds at the same time.

On the basis of the findings from this research, my Department has decided that a standard inconclusive reactor will be prevented from moving from the herd of disclosure for the duration of its lifetime, except to slaughter or, in exceptional cases, to a feedlot, from where it must go, within a reasonable timeframe, direct to slaughter.

The background to these changes is that the main constraint to the eradication of TB, the presence of the disease in badgers, is now being addressed in a very effective manner and, if we want to progress towards eradication, we need to move on to address some of the other constraints such as the movement of high risk animals and animals from high risk herds. For these reasons, my Department is paying increased attention to detecting the disease and preventing its spread to other herds. Thus greater stress is being laid on ensuring all herds test on time and on reducing movement opportunities for potentially infected cattle so as to provide increased protection for clear herds and export markets.

Harbours and Piers

Noel Harrington

Ceist:

148 Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine if he will report progress on the studies on the Bull Nose Pier on Cape Clear Island; if he has received the report, if he will publish the report and if has taken a decision on what work will be carried out; and if he will make a statement on the matter. [23507/12]

My Department is responsible for the upkeep and maintenance of the harbour at Cape Clear in accordance with the 1902 ex-congested piers, lights and Beacons act. I am very much aware of the deterioration in the Bulls Nose on Cape Clear and my Department has been monitoring the situation over the last number of years. I have arranged for a full engineering assessment of the condition of the Bulls Nose and the options for remedial works.

That report which evaluates wave conditions and develops solutions for the re construction of the Bulls Nose at Cape Clear is practically complete. Design work is also underway to develop and refine a final solution which would result in a reinstated stable Bulls Nose. I am anxious that any solution would be constructed in a manner that facilitates potential future development of the harbour. I am also concerned that the design would include provision to allow a new storm gate to be installed between the Bulls Nose and Duffy's pier to prevent waves penetrating into the harbour basins.

Project costing, programming and consultation in relation to the consents required to deliver the project are also being progressed.

When the engineering report and design works are complete I will then consider how best to proceed.

Grant Payments

Michael Creed

Ceist:

149 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when it is expected a decision will issue on an application for a bulk tank grant in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [23525/12]

The person concerned is an applicant under the Dairy Equipment Scheme and has submitted a payment claim in respect of one of his applications. A pre-payment inspection has been arranged to ensure that the terms and conditions of the scheme have been complied with and, subject to the outcome of those checks, payment will issue shortly.

Questions Nos. 150 and 151 answered with Question No. 38.

Agri-Food Sector

Bernard J. Durkan

Ceist:

152 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if he will indicate if any indications of economic overheating have spread in the agri food sector; if remedial action is proposed; and if he will make a statement on the matter. [23563/12]

The agri-food sector is playing a key role in the economic recovery of this country particularly in the area of exports which saw a 12% increase in 2011 compared to the previous year. In the last week we have seen positive economic results from some of the larger multinationals in the sector where exports continue to drive turnover. On the producer side, there have also been some considerable improvements in farm incomes in the last few years including an average farm income increase of 48% in 2010.

The implementation of the Food Harvest 2020 Strategy under-pinning the future development of the sector is continuing and I am chairing the High-Level Implementation Committee. Efforts to gain new markets for Irish produce are also ongoing and just recently I led a trade delegation comprising representatives of approximately 50 companies from the Irish agri-food sector to China to explore new market opportunities.

Notwithstanding the positive developments in the sector, there are also undoubtedly challenges which must be faced including increased cost of inputs such as fuel, feed and fertiliser as well as access to credit. Agri-food exports are also subject to international commodity price fluctuations as we have seen in recent weeks with milk prices.

Overall however, I am satisfied that economic over-heating is not a factor for the agri-food sector but instead that this sector is starting to realise its full potential. I am confident that, with the correct balance of appropriate public policy and private sector innovation and investment, we can position the agri-food sector at the centre of this Country's economic recovery.

Question No. 153 answered with Question No. 38.

Food Exports

Bernard J. Durkan

Ceist:

154 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which Irish beef, lamb, pig meat and poultry exports remain competitive on EU and world markets; and if he will make a statement on the matter. [23565/12]

Bernard J. Durkan

Ceist:

156 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent of any new export markets for Irish beef, lamb and pig meat or poultry established in recent times; and if he will make a statement on the matter. [23567/12]

Bernard J. Durkan

Ceist:

159 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which he expects new overseas markets to open up for Irish meat and diary exports; and if he will make a statement on the matter. [23570/12]

Bernard J. Durkan

Ceist:

162 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent of growth in the beef, lamb, pig meat, poultry, diary and fish processing sectors in each of the past three years to date; and if he will make a statement on the matter. [23573/12]

I propose to take Questions Nos. 154, 156, 159 and 162 together.

Exports in the agri food sector have performed strongly in recent years, and I believe that the Irish agri food sector is well positioned to take advantage of future increases in demand arising from increasing global population.

Dairy

Exports of dairy products in 2011 were valued at €2.66 billion, an increase of 17% on the previous year, which had seen a 13% increase on 2010.

The Food Harvest 2020 report sets out the strategic vision for the agri-food and fishing sector. From a dairying perspective, the ending of milk quotas in 2015 represents an exceptional opportunity to increase milk output, and Food Harvest has targeted a 50% increase in milk production in the period to 2020. This target is ambitious but I also believe it is realistic, because the dairy sector has the capability to expand at producer and at processor level.

In that context, the Dairy Expansion Activation Group established to identify specific actions needed to deliver on the Food Harvest targets, has produced a Road Map setting out 55 actions required to achieve the 50% increase in milk production. Key areas for action include the identification of markets, the improvement of efficiency at processing level and improving production efficiency at farm level. While many of these actions will be taken at commercial level, my Department and its agencies are working with industry to provide a framework to support the necessary development, and I am personally chairing the High Level Implementation Committee, in order to monitor progress and take appropriate action to support the successful implementation of Food Harvest 2020.

Beef

Following a stabilisation in the European beef market during the second half of 2010, the supply/demand balance improved further in 2011 as a combination of increased demand for European beef products on international markets and lower imports from South America helped offset ongoing sluggish consumer demand. Cattle prices across Europe increased significantly as the year progressed reflecting the EU position changing from being a net importer to net exporter of beef.

Total Irish beef production grew by almost 4% between 2008 and 2011. Ireland exports over 90% of its production and some 96% of exports go to other EU Member States. The table below details both the volume and value of beef exports since 2007:

Irish Beef Exports 2009-2011*

Year

Volume (tonnes cwe)

Value €(billion)

2009

460,000

1.4

2010

505,000

1.5

2011

510,000

1.8

*Source: Bord Bia estimates.

Beef exports grew by €230m (or 15%) in 2011 on foot of an 18% increase in average cattle prices caused by a fall in finished cattle supplies coupled with strong demand on key export markets. The United Kingdom remains our largest single market for beef products. Shipments to the UK in 2011 increased by €90m to €850m in value and accounted for half of total beef exports by volume for the year. Exports to Continental EU markets were largely maintained in 2011 with trade valued at €920m. Beef exports to international markets benefited from stronger import demand with shipments rising by around 30% to approximately 19,000 tonnes. This reflected stronger demand in Russia as well as increased trade to Switzerland, South Africa and the Middle East.

The outlook for the European beef market remains reasonably good for 2012 with a 2% drop in output among the EU-15 Member States anticipated. This forecast points to an ongoing relatively tight supply situation in the European market subject to only a modest increase in imports. However, prospects for consumer demand remain uncertain with much likely to depend on economic developments. The key challenge facing the Irish beef sector is to maintain and expand our share of EU premium markets in the current economic climate.

Expanding global demand for food clearly presents enormous opportunities for the agri-food sector as a whole. The Food Harvest 2020 reports targets a 20% growth in the output value of the beef sector and recommends that this can be achieved by adopting new smart approaches throughout the supply chain focusing primarily on improving efficiency and product quality at farm level. This will involve an increasing number of technically proficient and market oriented beef producers. In order to improve profitability in beef production, I am funding a Beef Technology Adoption Programme to equip farmers with the knowledge and skills necessary to improve the productivity of their beef enterprises. I expect that the payback on this investment will deliver real gains to individual producers and upgrade beef production at national level in line with the 2020 strategy in much the same way as the Dairy Efficiency Programme has boosted the performance of that sector in recent years.

Fish processing

I am advised by BIM that revenue in the fish processing sector increased from an estimated €709 million in 2009, to €712 million in 2010 and €749 million in 2011. This growth was driven by increases in export sales of €98 million over the period, more than off-setting a decline in value of domestic sales of €58 million.

Pigmeat

The pigmeat sector in Ireland has remained resilient in recent years in the face of considerable difficulties. Production increased by over 17% between 2008 and 2011. The sector remains the third largest individual component of the agri-food industry and supports approximately 7,000 jobs, many of which are in rural communities. Production, prices and exports increased significantly in 2011, and robust domestic demand coupled with a strong performance in export markets, should help ensure progress in the coming years.

The table below details both the volume and value of pigmeat exports since 2009:

Irish Pigmeat Exports 2009-2011

Year

Volume (tonnes)

Value €

2009

127,000

290m

2010

147,000

317m

2011

168,000 (est.)

395m

The UK has consistently been the largest export market for Irish pigmeat, accounting for more than 40% of export volume and over 60% in value. Trade to Continental Europe has remained strong notwithstanding the current economic climate, with over a quarter of volume and almost one fifth in value terms destined for this market. Third Country trade grew considerably in 2011, with volumes in China, Russia and Japan increasing significantly. Improved access to these markets, together with growing demand, resulted in almost one-third of volume and a fifth in value being sold internationally.

Pigmeat remains the most consumed meat worldwide with demand expected to continue to increase in the medium term. This will continue to present opportunities for Irish producers. Food Harvest 2020 sets ambitious targets for the pig sector, including a 50% increase in the value of output by 2020. Increased sow productivity will be the key driver of this growth together with an increase in the size of the sow herd. Work towards the achievement of these targets is ongoing.

Poultry

The Irish poultry market has remained relatively stable in recent years. The sector accounts for approximately 3% of gross agricultural output with a farm gate value of approximately €150 million. The indigenous industry remains under competitive pressure from imports.

Export values increased by 3% in 2011 to €210 million arresting the decline experienced in recent years. Most of this increase occurred in European and Asian markets.

Sheepmeat

The table below details both the volume and value of sheepmeat exports since 2009:

Irish Sheepmeat Exports 2009-2011

Year

Volume (tonnes)

Value €

2009

46,400

160m

2010

35,500

163m

2011

36,500 (est.)

180m

There are signs of a recovery in the sheep industry in Ireland over the past two years. In 2010, sheep prices were up by an average of 17% over the previous year and in 2011 prices were up by 9% over 2010 levels. The recovery in sheep prices has helped to restore the fortunes of the sector which is now experiencing a recovery in flock numbers which is necessary to ensure the long term future of the sector. Sheepmeat exporters have traditionally looked to France, which is still the biggest export market for Irish sheepmeat although other markets in northern Europe in particular have emerged in recent years. However, with meat prices increasing across the world, exporters are beginning to look at third country markets as potential outlets for Irish sheepmeat.

Food Harvest 2020 sets a target of 20% increase in output value for the sheep sector by 2010. The good prices available for sheep over the past two years should encourage farmers to increase production in the future, thus enabling the Food Harvest 2020 targets to be met.

Market Access to Third Countries for meat and dairy

I have been very active in developing relationships in new and expanding markets in order to build the kind of confidence in Irish production and control systems that provide a platform for long-term trading relationships in the future. As part of that effort, I recently headed a trade mission to China to further develop this important relationship, and to meet my ministerial counterparts in the Agriculture and Quarantine Ministries to help raise the profile of the Irish agri-food industry, including the dairy sector, in China and to draw the attention of the Chinese to the issue of access for Irish beef and sheepmeat to the Chinese market.

Ireland already has access for dairy products to markets worldwide and exports such products to over eighty countries. Nonetheless I am working with industry to raise the profile of the Irish dairy sector, and the Irish agri-food sector generally, in emerging markets in the Far East, North Africa and elsewhere.

While the great majority of our meat exports are destined for other EU member states, it is always beneficial to have a wide range of outlets available for our high quality food products. To this end my Department engages with Bord Bia and the Department of Foreign Affairs, in consultation with the industry, to secure access to more third country outlets.

In relation to meat, we reached agreements over recent years with the authorities in Israel, Tunisia, Morocco, Turkey, Egypt and Singapore which allow for the export of Irish beef. In 2010 the Russian and Chinese markets were re-opened to Irish pork following the dioxin crisis. My Department has also hosted visits in the past few years by official delegations from Morocco (beef access), Israel (beef and sheepmeat access), Philippines (beef access), Australia (pork access), China (pork and beef access), Egypt (beef access), South Korea (pork access) and Iran (beef and sheepmeat access) as part of our efforts to gain access for Irish meats to these rapidly growing markets. There are ongoing discussions at EU level with the Russian Federation which, it is hoped, will allow for the export of sheepmeat from EU counties (including Ireland), in the future.

I am awaiting official confirmation from the Libyan authorities on the lifting of their 16 year ban on the importation of beef from Ireland and other EU countries. Once the lifting of the ban is confirmed, we will seek to reach agreement on the terms of a veterinary health certificate which will allow trade to resume.

I recently welcomed the publication on 16 March by the US Department of Agriculture (USDA) of their draft BSE rule which essentially proposes to align the US BSE rules with those of the World Organisation for Animal Health (OIE). The public consultation period for the BSE rule is scheduled to end on 15 May, but may be extended depending on the volume of submissions received. My department will shortly be submitting its comments to the USDA on the BSE rule. I will also be visiting the US in June and I look forward to raising this important issue with my counterpart there during that visit.

Longer term targets for Irish meat access include China for beef and lamb, and Japan for beef. Other targeted markets include access for Irish beef and lamb to the North African and Middle East regions. My Department is engaging actively with the authorities in these countries in order to secure access for these products. There is a strong demand for meat globally and my Department remains focused, in consultation with the industry, on ensuring that Irish exporters are able to take full advantage of the opportunities that arise.

Sugar Industry

Bernard J. Durkan

Ceist:

155 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which efforts have been made to restore the sugar industry; and if he will make a statement on the matter. [23566/12]

The EU Sugar Regime underwent a radical reform in 2005 and Greencore, the holder of the entire Irish sugar quota availed of the sugar restructuring scheme, dismantled its facilities and ceased production in 2006. Post reform production is now concentrated in 18 Member States. The present regime runs from 1 September 2006 to the 30 September 2015. There is no mechanism under the present EU Regulations which would allow for the re-instatement of the sugar quota for the growing of sugar beet in Ireland for the production of sugar.

I have strongly supported the abolition of sugar quotas from September 2015 as part of the CAP reform discussions in the Council of Ministers. I also raised the issue with Commissioner Ciolos during his recent visit to Ireland. In 2011 I met with two separate groups who have conducted feasibility studies into the possibility of establishing a sugar/bioethanol facility. At both meetings I stated that any venture to develop a combined sugar/bioethanol production facility would have to be a commercial proposition, financed in total by investors and interested parties and make sound economic sense in order to be viable.

Question No. 156 answered with Question No. 154.

Fishing Industry Development

Bernard J. Durkan

Ceist:

157 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which the fishing catch for the various species has fluctuated over the past five years; the degree to which this has impacted on employment in the sector; the future potential in this regard; and if he will make a statement on the matter. [23568/12]

The Sea Fisheries Protection Authority is the body within the State responsible for gathering data and reporting on the landings of sea fish by Irish Sea Fishing Boats and other fish landings into Irish ports. I have asked the Authority to directly provide the Deputy with the data requested.

In relation to employment in the sector, both Food Harvest 2020 and Action Plan for Jobs 2012 recognise that most of the potential for increased employment in the seafood sector is in the areas of processing and aquaculture. Food Harvest 2020 aims to increase employment in the seafood sector as a whole, from 11,000 to 14,000 by 2020.

I am advised by An Bord Iascaigh Mhara that some 2,870 people are presently employed in the Irish seafood processing industry. Arising specifically from an investment of €7.4 million by 18 seafood processing companies in 2011, with financial assistance under the Seafood Processing Scheme operated by BIM, 158 jobs are expected to be created in the processing sector by those companies by 2014. A new call for proposals under the 2012 Scheme has taken place, with grant aid decisions to be made by a selection board in the coming weeks and further jobs can be expected to be created over the next 4 years by companies expanding and modernising with the assistance of the Scheme.

The aquaculture sector has been identified as having particularly significant potential for growth and employment creation. To achieve that potential, BIM is promoting the development of 3 deep sea salmon farms. It is expected that each farm will be capable of producing up to 15,000 tonnes of Irish organic farmed salmon annually, valued at €102 million. If we can have just one deep sea aquaculture production licence in place by 2015, up to 300 direct and 150 indirect jobs can be created.

Departmental Schemes

Bernard J. Durkan

Ceist:

158 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if he can restructure or restore any or all of any farm support payments previously reduced due to financial constraints with particular reference to the need to encourage production, environmental protection and sustainability; and if he will make a statement on the matter. [23569/12]

I continue to operate under strict budgetary constraints due to the ongoing situation in the public finances. The Vote for my Department was reduced from €1,647 billion in 2011 to €1.339 billion in 2012, including carry-over of €27 million in savings on capital expenditure from 2011 in accordance with public financial procedures. Under the expenditure ceilings in the Government's Comprehensive Expenditure Report 2102-2014, funding for the Department will be further reduced in 2013. As a result, I have had to manage a very challenging situation and will continue to have difficult decisions in relation to the funding of schemes and service delivery by the Department.

My objectives are to ensure that available funding is directed to priority schemes and services in accordance with Government policy and that the most cost-effective and efficient service is delivered by my Department. In this context, my aim is to maintain support for the most vulnerable farm families while attempting to focus the remaining available resources in favour of investment opportunities in the Food Harvest 2020 strategy and the Government's Programme for Recovery. The funding allocations to schemes and services has been made for 2012 and decision on the distribution of resources for 2013 will be taken in finalising the Estimate for the Department later in the year.

Question No. 159 answered with Question No. 154.

Fisheries Protection

Bernard J. Durkan

Ceist:

160 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if he is satisfied that each EU member state is sufficiently committed to the conservation of fish stocks; and if he will make a statement on the matter. [23571/12]

The sustainable exploitation of any renewable natural resource means that the resource can be used indefinitely. Fisheries can be defined as sustainable when they are conducted over the long term at an acceptable level of biological and economic productivity without leading to ecological changes that exclude options for future generations.

The European fishing fleet depends totally on having healthy and long term sustainable stocks to remain viable and productive. In order to balance the social, economic and environmental pillars it is necessary to take hard decisions on some stocks that will result in reduced fishing opportunities.

For all Member States it should be an economic imperative for the wider seafood community that stocks are managed in such a manner that allows for the long term exploitation, while at the same time leaves a proportion of fish in the sea that is the right size to let fish grow and reproduce at their most productive level.

Under the reform of the Common Fisheries Policy, the European Commission have proposed a fisheries management regime in the context of Maximum Sustainable Yield (MSY). Ireland is committed to having Total Allowable Catches set at levels that can produce Maximum Sustainable Yield (MSY) by 2015, where possible. The philosophy behind this approach is to obtain the maximum long-term catch while simultaneously ensuring the stock size is kept large enough to maintain productivity. This will ultimately be set down in the CFP and will be a requirement of every Member State to comply.

Under the umbrella of the CFP framework there are a number of technical, conservation and control regulations which determine how, when and where European fishermen can fish, and these apply to all Member States. I strongly believe that control is an essential element of the CFP and control must be consistently implemented across Member States. The effective implementation of the new EU Control regime will be critical to the future sustainability of fish stocks. This regime includes important new features including the electronic recording and reporting of fish catches and offers the Coastal State significantly stronger tools to control the activity of all fishing vessels in its waters.

The levels of Total Allowable Catch (TAC) and quotas for each fish stock each year are determined at the December Council of Fisheries Ministers. The Council makes decisions based on scientific advice from ICES (the International Council for the Exploration of the Seas), and also on the views of the STECF (the Scientific, Technical and Economic Committee for Fisheries), which gives the Commission its views on the economic and social impacts of the scientific advice. The decisions made last December in respect of TACs and quotas for 2012 were supported by the Fisheries Council and took account of the available scientific advice. The positions taken by Member States, both in the context of current arrangements and in the negotiations on the reform of the Common Fisheries Policy, currently underway, indicate a strong commitment from Member States, in general, to the conservation of fish stocks and sustainable fisheries.

Agrifood Sector

Bernard J. Durkan

Ceist:

161 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the impact of the rising cost of imports on the agrifood and fish sectors, if he has suggested any remedial action at EU level; and if he will make a statement on the matter. [23572/12]

Although I am happy with the excellent performance of the agrifood and fish sectors in the last 18 months I am of course aware of the challenges which must be faced including increased cost of inputs such as fuel, feed and fertiliser as well as access to credit. Agrifood exports are also subject to international commodity price fluctuations as we have seen in recent months in relation to milk prices. Teagasc research suggests that producer margins will fall in 2012 compared to 2011. However, they also believe that the decline will not cause margins to go below those experienced in 2010, which overall was a good year for the agrifood sector. Fuel feed and fertilisers are global commodities that have been subject to high volatility in recent years. The EU is supporting the efforts of the G20 to deal with this volatility. One of the measures that has already been implemented is an agricultural markets information system that provides detailed information concerning stocks and potential harvest data. This will provide more certainty to international markets and help to reduce speculative pricing in the sector.

Question No. 162 answered with Question No. 154.

Fur Farming

Maureen O'Sullivan

Ceist:

163 Deputy Maureen O’Sullivan asked the Minister for Agriculture, Food and the Marine the basis on which he makes the point in a previous reply that killing mink by gas is humane bearing in mind that Compassion in World Farming state carbon dioxide should not be permitted for the killing of farmed mink and scientific opinion indicates that carbon dioxide and carbon monoxide are both inhumane; and if he will make a statement on the matter. [23600/12]

The permitted methods for slaughter/killing of all farmed animals including fur animals are outlined in European legislation, namely, Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing. Exposure to carbon monoxide and carbon dioxide are among the permitted methods for killing of fur animals and the chambers in which the animals are exposed to the gas must be designed, constructed and maintained in such a way as to avoid injury to the animals and allow them to be supervised. Council Directive 93/119/EC is transposed into national law through the European Communities (Welfare of farmed animals) Regulations 2010, S.I. 311 of 2010.

New revised welfare legislation on the protection of animals at time of killing, namely EU Council Regulation (EC) No. 1099/2009 has now been adopted and will come into effect on 1 January 2013. This revised legislation provides for a series of practical measures to ensure all animals are humanely treated, minimising distress and avoiding pain throughout the killing process. Permissible methods for killing of fur animals under the new legislation include carbon dioxide and carbon monoxide and conditions of their use and key parameters are outlined. Under the revised legislation parameters will be measured and monitored on a constant basis. The legislation also provides for personnel supervising the killing of fur animals to have a certificate of competence relevant to the operations they perform.

Common Fisheries Policy

Maureen O'Sullivan

Ceist:

164 Deputy Maureen O’Sullivan asked the Minister for Agriculture, Food and the Marine if he will outline the benefits to Irish fishermen from the Common Fisheries Policy; the way the 18% quota is organised; and if he will make a statement on the matter. [23607/12]

The main potential benefit of the Common Fisheries Policy (CFP) system for Irish Fishermen is that it provides a system which aspires to the structured and sustainable management of international fishing activity in each of the key areas of interest to Irish Fishermen. In addition, it provides stable arrangements for access to the large EU seafood market for the large volume of Irish seafood products which the Irish fishing industry exports to EU markets. There has been traditional dissatisfaction in Ireland with the share of the relevant total allowable catches which Ireland secured at the outset of the CFP.

The share Ireland received of the quotas available at the outset was determined on a system of relative stability, based on historical fishing patterns in the confines of set management areas. That system has continued since and was not changed in the CFP Reform's of 1992 or 2002. There is no support in the Council for a change in the traditional quota allocations in the current Reform either and the Commission has not proposed any changes.

However, under CFP arrangements agreed in 1976 a system of so called Hague Preferences was put in place, under which Ireland gets an enhanced share of certain key quotas on which we were traditionally dependent, if the share falls below certain set levels. The CFP Reform Proposals envisage retaining this system in the way that it has operated previously.

Securing enhanced fish quotas for Ireland and enhanced fish landings into Ireland however remains as an objective, but must I believe be delivered within the structures in place. For example, over the last two years Ireland has secured, by working within the system, a very significant two thirds share of the new and very large Boarfish Fishery. This Fishery which will permit Ireland to catch 56,666 tonnes this year holds the potential to build a large new processing industry in Ireland, developing human consumption seafood products for exports. On my recent trade mission to Ireland I promoted the products from this new fishery to the large Chinese seafood market and Irish processors are now on foot of this sending out trial samples to the Chinese market. Similarly, this year on foot of initiatives taken by the Irish pelagic processing industry with State support, we have seen very large levels of landings of blue whiting into Killybegs for processing from Norwegian vessels. This gave a substantial boost for the Irish Seafood Processing industry generating increased employment in the North West.

The other way of increasing Irish fish catches and landings into Ireland is by growing the stocks on which we are dependent and which are proximate to Ireland. By growing stocks we increase our permitted volumes of landings even within a fixed sharing arrangement. The Quota increases secured in this way in the Celtic Sea this year are clear evidence of the gains that can be secured through this approach. There is much in the CFP Reform, such as long term management of stocks, reducing and eliminating discards where possible and rebuilding stocks to Maximum Sustainable Yield , which holds the potential to substantially increase catches by Irish fishermen in the short and medium term. One aspect of the CFP Reform Proposals, which I have vehemently opposed since the outset and which I want removed from the proposals is the proposed system of mandatory transferable fishing concessions, which would privatise the National Fish Quotas and pose real dangers to Ireland's fishing and processing industries. By working hard within Council and with the Commissioner I believe we are making substantial progress in getting support for our position on this key aspect of the CFP Reform from Ireland's perspective.

Inter-Country Adoptions

Seamus Healy

Ceist:

165 Deputy Seamus Healy asked the Minister for Children and Youth Affairs the position regarding the completion of a bilateral adoption agreement with Russia to allow the many families waiting, the right to adopt from that country; and if she will make a statement on the matter. [23461/12]

The Hague Convention is a co-operative agreement drawn up to allow countries to mutually support one another in protecting the best interests of children in the inter-country adoption process. It sets out minimum standards regarding inter-country adoption and covers issues such as subsidiarity, consent and financial considerations. It is designed in such a way as to allow for mirrored mechanisms and structures to mutually assure countries of the safety and standard of inter-country adoptions in those countries. The Adoption Authority of Ireland (AAI) performs the function of a Central Authority under the Adoption Act, 2010, in accordance with the Convention. In choosing to deal primarily with Hague countries, the AAI has the mechanism to work collaboratively with equivalent structures in that country. Each Central Authority has the responsibility to oversee standards in respect of those parts of the process taking place within their respective jurisdictions. This mutual arrangement is designed to give the AAI, the Government and, most importantly, those involved in the adoption process assurance as to the standards being set and the oversight of the system.

A limited number of adoptions from Russia are currently being processed under transitional arrangements as provided for in the Adoption Act, 2010. Under the provisions of the legislation, such adoptions may take place up to the end of October 2012, with the possibility of the Adoption Authority granting approval for an extension of up to one year. Russia has not ratified the Hague Convention and there appears to be no immediate prospect that this will happen. In the circumstances, adoptions from Russia, beyond those provided for under the transitional arrangements, may only be possible under a bilateral agreement developed to the standards of the Hague Convention. An official delegation from Ireland recently visited Russia and held preliminary discussions regarding the potential for a bilateral agreement. I have received an initial assessment from the Adoption Authority which will inform the next steps to be taken in relation to this matter. My Department is in discussions with the Adoption Authority on this assessment and other issues which will influence any policy decisions to be taken in this regard. I am aware of the need to bring clarity to the situation in respect of Russia and I hope to be in a position to do so shortly.

The immediate priority of the Adoption Authority is the development of administrative arrangements with other countries which have ratified the Hague Convention. Any future bilateral arrangements which might be entered into would also be required by law to meet the minimum standards set out in the Convention.

Children in Care

Dominic Hannigan

Ceist:

166 Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs the steps she will take to ensure that vulnerable young persons who are in the care of the Health Service Executive are not housed with persons who have convictions for sexual offences; and if she will make a statement on the matter. [23593/12]

Under the Child Care Act, 1991, the Health Service Executive (HSE) has a statutory duty to promote the welfare of children who are not receiving adequate care and protection. If any child is in need of care and protection and is unlikely to receive it at home, the HSE has a duty to ensure they receive appropriate care. Where a child is coming into care the allocated social worker undertakes a full assessment of need, and on this basis the statutory care plan is developed. This assessment will call on a full range of professionals where required to set out a comprehensive statement of the child's needs. The care plan also determines the support and interventions needed with regard to the family situation where it is planned that a child will return home. The care plan also directs the placement most appropriate to the needs of the child.

Children in residential care are placed in open residential centres run by either the HSE or private/voluntary providers in communities across the country. The National Standards for Children's Residential Centres clearly set out that the social worker and the centre manager are satisfied that the placement is suitable, will meet the needs of the young person and takes account of the need to protect young people from abuse by their peers. The HSE is responsible for the registration and inspection of private or voluntary (non-statutory) run residential centres for children and the Health Information and Quality Authority (HIQA) inspects centres operated by the HSE. Centres are inspected under the National Standards.

Child Care Services

Dan Neville

Ceist:

167 Deputy Dan Neville asked the Minister for Children and Youth Affairs if a child (details supplied) is now eligible under the community childcare subvention programme to receive free childcare if they attend a community creche one or two days per week at this present time; and if she will make a statement on the matter. [23450/12]

My Department implements the Community Childcare Subvention (CCS) programme which provides funding to community childcare services to enable them to charge reduced childcare rates to low income and disadvantaged families. Parents who are in receipt of a Widows or Widowers Pension are eligible for subvention under the CCS programme. Parental returns are submitted to my Department by participating community childcare services following the commencement of each school year. Funding is then allocated in that school year on the basis of the profile of the qualifying parents and the level of service provided to them. No new additional places can be funded over and above those provided for on the basis of the profiles returned. Eligible parents who enrol their children in these services after the submission of the parental returns will only be able to avail of subvented places where other subvented parents leave the service.

Patrick O'Donovan

Ceist:

168 Deputy Patrick O’Donovan asked the Minister for Children and Youth Affairs if she will provide an update on an application for funding in respect of an organisation (details supplied) in County Limerick; and if she will make a statement on the matter. [23599/12]

I secured €6m capital funding in Budget 2012 to fund a maintenance programme for childcare facilities. The funding will provide for urgent and essential repairs to childcare facilities to ensure that they are in a position to remain open and continue to provide the three childcare programmes implemented by my Department. The maximum grant available to individual services under the programme is €50,000 (including VAT).

Pobal is administering the capital programme on behalf of my Department, and I understand that the appraisal process in now in train. In appraising applications, particular consideration and priority will be given to:

Applications that are accompanied by a Health Service Executive preschool inspection report supporting the need for the proposed works in terms of compliance with the Preschool Regulations.

Applications that best demonstrate the need for the proposed works, in terms, for example, of quality improvement to the childcare service.

Services previously funded under the Equal Opportunities Childcare Programme 2000-2006, or the National Childcare Investment Programme 2006-2010.

Services located in or servicing areas of disadvantage.

The service's previous record in relation to adherence to contractual obligations under previous capital and current funding programmes.

When the appraisal process is complete, Pobal will make recommendations to my Department in respect of the applications. The appraisal process is expected to be completed by the end of May. When the applications have been approved, the successful applicants will be notified by my Department. Subsequent arrangements regarding contract, payment, reporting and audit will be dealt with by Pobal on behalf of the Department.

Inter-Country Adoptions

Olivia Mitchell

Ceist:

169 Deputy Olivia Mitchell asked the Minister for Children and Youth Affairs when she expects to receive the report from the Adoption Authority following its recent visit to Ethiopia; and the timescale she envisages for the signing of a bilateral agreement between the two countries should that report be positive; and if she will make a statement on the matter. [23611/12]

Adoptions from Ethiopia, effected under the transitional arrangements provided for in the Adoption Act 2010, are ongoing and are currently being examined, and recognised, by the Adoption Authority of Ireland (AAI). These transitional arrangements may lead to adoptions from Ethiopia taking place up to the end of October 2012. The Adoption Act 2010 also contains provision for a one year extension to declarations of eligibility and suitability to adopt which may lead to a one year extension to this date.

Ethiopia is not a signatory of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. In these circumstances, adoptions from Ethiopia which are not covered by the transitional arrangements referred to above would require a bilateral agreement between Ireland and Ethiopia. The negotiation of bilateral agreements on inter-country adoption with states who have not ratified the Hague Convention is governed by Section 73 of the Adoption Act 2010 which states that "the Authority, with the prior consent of the Minister, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that State.” Any bilateral arrangements which might be entered into would be required by law to meet the minimum standards set out in the Hague Convention.

A delegation from the Adoption Authority of Ireland (AAI) visited Ethiopia in April and held exploratory meetings with the Ethiopian authorities regarding the system of adoption which operates in that country. The delegation, in the course of its visit, held preliminary discussions with the Ethiopian authorities around the potential for a bilateral agreement on inter-country adoption. The AAI is currently preparing a report for me on its assessment of the situation which will inform the next steps to be taken.

Family Support Services

Michael Healy-Rae

Ceist:

170 Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs the position regarding a resource centre (details supplied), that has in the past provided outreach service but due to the cut in funding the continuation of their service is now in doubt; if she will give a commitment that the service will be assisted to ensure its continuity in the future. [23621/12]

The Family Support Agency, under my Department, operates the Family Resource Centre Programme. The aim of the Family Resource Centre Programme is to combat disadvantage and improve the functioning of the family unit. There are 107 family resource centres throughout the country funded under the programme. The programme emphasises involving local communities in tackling the problems they face, and creating successful partnerships between voluntary and statutory agencies at community level. Family Resource Centres have an important role to play, in harnessing local community efforts, in support of improved outcomes for children and young people which is a key objective of the Department of Children and Youth Affairs.

On 5th December 2011, the Government announced the funding levels being made available to my Department in 2012. As part of the national effort to address Ireland's fiscal deficit, the Family Support Agency, like all other State bodies, has been asked to make significant savings across all the programmes which it administers. The Agency is required to achieve savings of 5% per annum over 2012-2014 on the costs of the Family Resource Centre Programme. The Family Support Agency has written to the family resources centres advising them of the reduction in funding and the need to plan for change. The Agency is acutely aware of the challenges that the reduction in funding raises for the family resource centres throughout the country. The Agency has not stipulated how centres should apply the reduction in funding. The family resource centres are asked to focus, in particular, on addressing the scope for greater efficiency and for reduction in the administration and overhead costs associated with the day-to-day running of the centres, with the objective of supporting as far as possible, the services that the centres provide to families and groups at local level. The Family Support Agency has advised that family resource centres should work with the two regional support agencies that provide support and training to them and are available to provide guidance to assist centres to manage within the resources available.

In 2012 an allocation of €26.465m has been made available to the Family Support Agency to fund its services for families. This includes funding of over €15m for the Family Resource Centre Programme.

Hospital Waiting Lists

Noel Harrington

Ceist:

171 Deputy Noel Harrington asked the Minister for Health if he is satisfied that a 92 year old person (details supplied) in County Cork will have to wait for four years for an appointment with the Health Service Executive to be assessed for a hearing aid; the measures he will take to expedite this assessment and to reduce the waiting list for all those waiting for a similar assessment; and if he will make a statement on the matter. [23407/12]

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

Medical Cards

Tom Fleming

Ceist:

172 Deputy Tom Fleming asked the Minister for Health when a decision will issue on a medical card application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [23408/12]

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

Mental Health Services

Ciara Conway

Ceist:

173 Deputy Ciara Conway asked the Minister for Health his vision for the role of the Health Service Executive National Counselling Service; if it will be incorporated into the primary care model; the way and when this will happen; and if he will make a statement on the matter. [23411/12]

I assume the Deputy is referring to the Counselling in Primary Care initiative under the Health Service Executive's National Service Plan (NSP) 2012.

In its NSP 2012, the HSE agreed to prioritise three initiatives from the special allocation of €35m provided in Budget 2012 for Mental Health to implement the objectives of the Programme for Government, to progress the implementation of “A Vision for Change” and among other things to provide access to counselling and psychotherapy for those with mental health problems who are eligible under the General Medical Services (GMS) Scheme in Primary Care. In this context, the NSP 2012 provides for the replication nationally of the model operational in the HSE’s North East Area, managed by the National Counselling Service (NCS), as a way of meeting the requirement to improve access to psychological therapies in Primary Care. €5m has been made available for this purpose from the above special allocation for Mental Health in 2012.

To implement the model nationally, an additional Whole Time Equivalent (WTE) counsellor will be allocated to each of the 10 National Counselling Services. These counsellors will work within the NCS, managing the referral process, to ensure that an appropriate referral and counselling match is provided to meet the needs of individuals. They will also be responsible for ensuring that the sessions are time limited and that proper clinical supervision is in place for the counsellors providing the sessions on an agency basis. This postholder will be responsible for the set up, roll out, management, monitoring and evaluation of the Model, including relationship development with GPs in their areas.

A National Steering Group has been established in the HSE to scale up the Model as developed in the North East and co-ordinate its implementation nationally. The Steering Group will also work to develop the national guidance and to ensure the consistent roll-out of the model. It is not possible yet to give a start date for the new service until further planning work has been completed.

Anti-Cancer Drugs

Terence Flanagan

Ceist:

174 Deputy Terence Flanagan asked the Minister for Health the position regarding a cancer drug (details supplied); and if he will make a statement on the matter. [23412/12]

Billy Kelleher

Ceist:

195 Deputy Billy Kelleher asked the Minister for Health the negotiations he has held with drug companies regarding the provision of the drug Ipilimumab; and if he will make a statement on the matter. [23553/12]

Billy Kelleher

Ceist:

197 Deputy Billy Kelleher asked the Minister for Health the estimated cost per person of providing the drug Ipilimumab through the health system; and if he will make a statement on the matter. [23555/12]

Shane Ross

Ceist:

201 Deputy Shane Ross asked the Minister for Health if he will sanction the use of the drug, Ipilimumab, through the Health Service Executive, based on its success rate in treating Melanoma; his justification for not sanctioning it in view of its ability to potentially save the lives of Melanoma sufferers; and if he will make a statement on the matter. [23577/12]

I propose to take Questions Nos. 174, 195, 197 and 201 together.

I am pleased to advise the Deputy that the Health Service Executive announced on Thursday 3rd of May that Ipilimumab (trade name Yervoy), the new drug for patients with progressive melanoma, will now be made available. The decision is the culmination of a comprehensive technology review process within the National Cancer Control Programme which included the drug company submission, a clinical practice guideline from medical oncologists and a pharmacoeconomic analysis by the National Centre for Pharmacoeconomics.

Negotiations regarding optimal pricing commenced in November 2011 and were recently satisfactorily concluded. The cost of supplying the drug on a per person basis is subject to a number of variables including the prescribed regimen and the length of time that treatment would be undertaken. The HSE will monitor prescribing levels and associated costs on a continual basis with an overall assessment of cost per patient after an appropriate period of time.

Medical Cards

Tom Fleming

Ceist:

175 Deputy Tom Fleming asked the Minister for Health when a decision on a medical card application will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [23421/12]

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

Services for People with Disabilities

Clare Daly

Ceist:

176 Deputy Clare Daly asked the Minister for Health the number persons who qualify for personal assistant services; the amount of persons waiting for this service; when the last person qualified; the criteria on which assistants are made available, and the way he intends to clear the backlog [23423/12]

Joan Collins

Ceist:

210 Deputy Joan Collins asked the Minister for Health if his attention has been drawn to the serious concerns which those who rely on personal assistance services in relation to a rumoured 3.7% cut in the service being passed on by the Health Service Executive to the agencies and service providers who provide these essential services in view of the fact that cuts to these services will gravely affect the personal, employment and educational potential of people with serious disabilities [23615/12]

I propose to take Questions Nos. 176 and 210 together.

The Health Service Executive National Service Plan for 2012 sets out a reduction of 3.7% in funding to disability services. However the Service Plan states that at least 2% of this should not impact on services and needs to be generated from other savings and increased efficiencies. The HSE aims to minimize the impact of the 3.7% cut on service users and their families as much as possible. In this context and as part of the ongoing collaborative work of the National Consultative Forum on Disability, a number of representative organisations and some of their membership have already met to begin a process with the HSE to identify and agree a framework for addressing efficiencies, with minimal impact on front-line services. The HSE will endeavour to ensure that residential, day, respite and personal assistant services are protected where possible from reductions in front-line services.

The Health Service Executive (HSE) provides a range of assisted living services, including Personal Assistant service to support individuals to maximise their capacity to live full and independent lives. In 2011, a total of 1.68 million personal assistant / home support hours were provided to 11,571 persons with physical and/or sensory disability. With regard to personal assistant / home support hours, service efficiencies will be achieved through a process of negotiation with service providers around the unit cost of providing the service, rather than reducing the number of PA hours.

As the Deputies questions relate to service matters I have arranged for that part of each question to be referred to the Health Service Executive for direct reply to the Deputy.

Hospital Staff

Timmy Dooley

Ceist:

177 Deputy Timmy Dooley asked the Minister for Health if he will provide an update on the filling of diabetes nurse specialist and dietician posts at the Mid-West Regional Hospital Limerick, for which funding has been available since January of this year to support the roll-out of insulin pump treatment to children with type 1 diabetes in the mid-west; if he will confirm that the funding for these posts is secure; and if he will make a statement on the matter. [23435/12]

The HSE National Clinical Programme for Diabetes — which includes the care of children and adolescents with diabetes — was established within the Clinical Strategy and Programmes Directorate. The purpose of the Programme is to define the way diabetic Clinical Services should be delivered, resourced and measured.

It is widely recognized that secondary or acute care alone cannot cope with the current and increasing burden of disease. Re-organizing systems into more integrated models presents opportunities for a more efficient and effective approach to the management of diabetes care.

In this regard, Diabetes Service Implementation Groups were established country-wide, including in HSE Mid-West.

Approval has been granted for the recruitment of diabetes nurse specialists and dieticians for the provision of continuous subcutaneous insulin infusion therapy for patients with type 1 diabetes who are under five years of age.

The model of care and the job descriptions for these roles are currently under review. I am advised by the HSE that recruitment will take place once the model of care and job descriptions have been finalised and implementation plans have been approved.

Medical Cards

John Browne

Ceist:

178 Deputy John Browne asked the Minister for Health when an application will be approved for a medical card in respect of persons (details supplied) in County Wexford. [23449/12]

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

Hospital Accommodation

Seamus Healy

Ceist:

179 Deputy Seamus Healy asked the Minister for Health the number of beds now closed at South Tipperary General Hospital; the specialties affected; the reason for closure; if these closed beds will be reopened in view of the ongoing number of patients on trolleys on the hospital corridor; and if he will make a statement on the matter. [23460/12]

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

Long-Term Illness Scheme

Seamus Healy

Ceist:

180 Deputy Seamus Healy asked the Minister for Health if he will include Systemic Lupus Erythematosus, a long term chronic auto immune disorder as a long term illness and instruct the Health Service Executive to provide much needed information resources and support for Lupus patients; and if he will make a statement on the matter. [23465/12]

There are no plans to extend the list of conditions covered by the Long Term Illness Scheme.

Under the Drug Payment Scheme, no individual or family pays more than €132 per calendar month towards the cost of approved prescribed medicines. The scheme significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines. In addition, people who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultation.

Medical Cards

Seamus Healy

Ceist:

181 Deputy Seamus Healy asked the Minister for Health the timescale for the implementation of the budget provision to grant medical cards to persons who qualify for long term illness benefits; and if he will make a statement on the matter. [23466/12]

The Programme for Government commits to reforming the current public health system by introducing Universal Health Insurance with equal access to care for all. As part of this, the Government is committed to introducing Universal GP Care within its first term of office.

Primary legislation is required to give effect to this commitment. The Department of Health is currently drafting legislation to provide for the phased introduction of a universal GP service without fees in line with the commitment set out in the Programme for Government. Initially it is intended to extend GP cover without fees to persons with certain long-term illness. It is my intention to have the Bill published and enacted before the summer recess.

Health Services

Finian McGrath

Ceist:

182 Deputy Finian McGrath asked the Minister for Health if he will respond to a matter regarding alleged abuse in respect of a person (details supplied) in County Meath. [23482/12]

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

Services for People with Disabilities

Tom Fleming

Ceist:

183 Deputy Tom Fleming asked the Minister for Health the position regarding the plan Progressing Disability Services For Children and Young People. [23483/12]

In 2010, the Health Service Executive ( HSE) established a project on progressing disability services for children and young people (0-18 years), supported by a National Coordinating Group, which includes representatives of the Department of Health and the Department of Education and Skills in addition to other key stakeholders. The project aims to address the following issues in relation to children's disability services:

inequity of access to services due to inconsistent development of services;

environmental change arising from the reorientation towards mainstream education leading to increasing demand for health services to support inclusion;

increasing demand for services due to population growth and increased identification of children with disability;

the need to re-align services with emerging primary care and integrated service structures.

The Group's implementation plan encompasses two elements:

ongoing work in coordinating and reorganising early intervention services for children aged 0-5 years into integrated, geographically based teams;

supporting the reorganisation of services for school-age children aged 5-18 years according to the same model.

The vision for the programme is:

One clear pathway to services for all children with disabilities according to need;

Resources used to the greatest benefit for all children and families;

Health and education working together to support children to achieve their potential.

The programme is rolling out at national, regional and local levels. The structures will include parent representatives, representatives from service providers, education sector representatives and other stakeholders.

Sub-groups have been established to address various aspects of the work including:

Mapping current health services available;

The interface between education and health;

Criteria for access to services;

Training required for health staff;

The composition of Early Intervention and School-Age Teams;

Standards and performance reporting.

Tom Fleming

Ceist:

184 Deputy Tom Fleming asked the Minister for Health if he will provide a progress report of the national working group for the review of Health Service Executive funded adult day services. [23484/12]

The National Working Group Report on HSE funded Adult Day Services was published 29th of February 2012 with a detailed implementation plan.

A working group will be established this month under the auspices of the National Consultative Forum to ensure the implementation plan is progressed through a collaborative approach.

The National Consultative Forum includes representative organisations and agencies from the Disability Sector.

Tom Fleming

Ceist:

185 Deputy Tom Fleming asked the Minister for Health if he will provide an update on the plan Time To Move On From Congregated Settings, a strategy for community inclusion; and when this plan will be rolled out. [23485/12]

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.

Rehabilitation Services

Tom Fleming

Ceist:

186 Deputy Tom Fleming asked the Minister for Health if he will provide a progress report on the national policy and strategy for the provision of neuro-rehabilitation services in Ireland 2011 to 2015. [23486/12]

Last December, I welcomed the publication of the National Policy and Strategy for the provision of Neuro-Rehabilitation Services. The report recognises that given the current economic climate, the focus in the short to medium term has to be on reconfiguration of services, structures and resources and the enhancement of the skills and competencies required to meet the changing context.

The Strategy is focused on the specific needs of those with neurological illness or injury outside of stroke. Five of the more common neurological conditions were selected for detailed review and analysis in the report. The five conditions selected were:

acquired brain injury (other than stroke);

cerebral palsy;

multiple sclerosis;

idiopathic Parkinson's disease and

spinal cord injury.

The HSE is committed to the implementation of the recommendations of the National Policy and Strategy and to achieve the objectives of the Rehabilitation Medicine Clinical Programme which aims to: improve the quality of care; improve access to services and improve cost effectiveness. In this regard, both clinical and executive leads have been assigned and a national working group comprised of a team of experts has been established.

The HSE National Service Plan for 2012 outlines the focus for service development as follows:

The development of Regional Networks and local rehabilitation teams;

Development of regional in-patient and out-patient rehabilitation facilities;

Integration of services;

Development of protocols that will have mandatory compliance across the delivery system;

Reconfiguration of existing resources;

Achieving greater cost-effectiveness through the development of greater competencies by those tasked with delivering services;

Increased teamwork and using interdisciplinary approaches; and

More inter-agency collaborative working.

Key to the success of these developments will be the assignment of Regional Rehabilitation Medicine Consultants who will ensure that national best practice is implemented in each regional network, crossing the boundaries between acute and community services. The four regional leads have been assigned, however, it should be noted that these are not new posts and the task has been taken up by existing Consultants. There is now a clear policy with a recommended service framework, that, when implemented, will ensure that Neuro-Rehabilitation services are developed for those we serve in the most appropriate, effective and efficient way. I know that with the commitment of the Health Service Executive and service providers to the implementation process, we can achieve improved rehabilitation services for those persons with a neurological illness or injury or with a significant physical disability.

International Agreements

Tom Fleming

Ceist:

187 Deputy Tom Fleming asked the Minister for Health when the UN convention on the rights of persons with disabilities will be implemented; the initiatives he needs to take to have it ratified; and when this ratification will take place. [23487/12]

As this falls within my remit as Minister for State at the Department of Justice and Equality I wish to point out it is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.

The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable ratification. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, are in the process of assisting the Committee to assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.

One of the key requirements in this regard is the enactment of mental capacity legislation. The Government's Legislation Programme as announced on 11 January 2012, indicates that the Mental Capacity Bill is expected to be published in the current Dáil session. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. The passage of this Bill will add substantially to the overall progress on implementation of the requirements towards ratification of the Convention.

Medical Aids and Appliances

John McGuinness

Ceist:

188 Deputy John McGuinness asked the Minister for Health if a motorised transport grant will be granted to a person (details supplied) in County Carlow; and if he will make a statement on the matter. [23509/12]

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 Service Staff

John Browne

Ceist:

189 Deputy John Browne asked the Minister for Health the total amount paid by retired nurses in the year 2011 as a result of the public service pension reduction; and if he will make a statement on the matter. [23512/12]

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

Departmental Properties

Thomas P. Broughan

Ceist:

190 Deputy Thomas P. Broughan asked the Minister for Health the number of properties the Health Service Executive are renting from private landlords in Dublin; the total cost of the rent on an annual basis; if he will provide a breakdown of the location of the properties being rented; and if he will make a statement on the matter. [23515/12]

Management of the Health Service Executive property portfolio is a service matter. Therefore your question has been referred to the Executive for direct reply.

Hospital Waiting Lists

Robert Troy

Ceist:

191 Deputy Robert Troy asked the Minister for Health if he will examine the length of the current waiting lists that persons are being subjected to in the public health system, which are causing great distress, especially to people waiting as long as two years; his plans to deal with this problem in view of the fact that he has abolished the National Treatment Purchase Fund; and if he will make a statement on the matter. [23528/12]

In addition to the response the Deputy received on foot of his recent question, I would like to take the opportunity to advise the Deputy of current developments in relation to outpatient appointments.

Up to now the number of patients waiting for OPD appointment has not been consistently and reliably quantified by all hospitals. The data has simply not been sufficiently accurate to be meaningful at a national level. The SDU has now begun to work with the HSE building a new approach to compiling and validating outpatient lists.

One of the priorities for 2012 is for hospitals to support an SDU/NTPF project to establish weekly monitoring of outpatient waiting list numbers. The first task is to collate, analyse and validate the number of outpatient referrals in the system. This work has been well advanced by the HSE during 2011. Once it has been finalised and considered it will enable the SDU to make recommendations to me in respect of an outpatient maximum wait time target.

In principle I will be adopting the same criteria of strict chronological management of the waiting list which is now in place for in-patient and day case treatment. These developments together with the ongoing work being undertaken to reduce elective waiting lists and trolley times will significantly improve the overall waiting times for access to health services.

Medical Cards

Seán Ó Fearghaíl

Ceist:

192 Deputy Seán Ó Fearghaíl asked the Minister for Health if he will immediately restore a medical card to a person (details supplied); and if he will make a statement on the matter. [23530/12]

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

Dominic Hannigan

Ceist:

193 Deputy Dominic Hannigan asked the Minister for Health the reason a person (details supplied) has been waiting since 1 October 2011, for a decision on their medical card application; and if he will make a statement on the matter. [23531/12]

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

Departmental Funding

Billy Kelleher

Ceist:

194 Deputy Billy Kelleher asked the Minister for Health if his attention has been drawn to the fact that contact has been made between his Department and an organisation (details supplied) in the past three months; and if a meeting is scheduled to take place between that organisation and him. [23549/12]

Dignity 4 Patients has been in contact with my office recently to request a meeting with me. Early in 2011, I indicated that the issues raised by the case of Michael Shine, former Consultant at Our Lady of Lourdes Hospital, Drogheda would be the subject of an inquiry by an Oireachtas Committee. This was dependant on the powers that had been proposed under the 30th Amendment of the Constitution. As it was not possible to proceed as proposed, I am giving consideration as to how best to deal with the issues involved. My Department is currently exploring the options in this regard particularly in the light of investigations by Gardaí and various civil court actions. In these circumstances it would be premature to meet with Dignity 4 Patients, however, I would be open to a meeting with that organisation at a later date when my Department's deliberations are at a more advanced stage.

Dignity 4 Patients has also been in contact with my Department in the past three months concerning funding issues. One of those requests relates to ongoing funding and as ongoing funding for any service is a matter for the HSE, I previously asked the HSE to liaise with Dignity 4 Patients on the issue. I understand that the HSE has recently met with Dignity 4 Patients and signed a Grant Aid Agreement with them for €22,500 for one year's office supplies and voluntary support. The HSE also advised Dignity 4 Patients that they would not be in a position to provide any funding towards staffing costs as the current time and suggested that they consider establishing synergies with other similar agencies, in order to continue to provide support to their client group.

My Department is also in receipt of an application for Lottery funding from Dignity 4 Patients and this is currently being considered.

Question No. 195 answered with Question No. 174.

Drugs Payment Scheme

Billy Kelleher

Ceist:

196 Deputy Billy Kelleher asked the Minister for Health the negotiations he has held with drug companies regarding the provision of the anti-cancer drugs other than Ipilimumab; and if he will make a statement on the matter. [23554/12]

I have not engaged in negotiations with drug companies regarding the provision of anti-cancer drugs. The Health Service Executive regularly negotiates with drug companies seeking to have their products placed on the list of reimbursable products. This is a regular and ongoing practice.

I can also confirm that officials in the Department and the Health Service Executive are in ongoing contact with the Irish Pharmaceutical Healthcare Association regarding a new pricing agreement for originator drugs. The previous agreement expired on 1st March 2012 with an understanding that the existing arrangements would apply until such time as a new agreement is reached.

Question No. 197 answered with Question No. 174.

Medicinal Products

Billy Kelleher

Ceist:

198 Deputy Billy Kelleher asked the Minister for Health the amount spent annually on cancer drugs; the amount spent in hospitals; the amount spent in demand led drug schemes; and if he will make a statement on the matter. [23556/12]

The National Cancer Control Programme (NCCP) has begun to capture the hospital-based expenditure on the top eleven oncology (cancer) drugs as part of a plan to centralise the oncology drug budget. These eleven drugs comprise approximately 80% of oncology drug expenditure. It estimates that a total of €60million was spent on these eleven drugs during 2011. These figures are currently being verified and updated for 2012.

The NCCP in conjunction with the PCRS is progressing an initiative to transfer hospital cancer drug expenditure to the PCRS. This will see the development of a national oncology ICT system which will enable the NCCP and Primary Care Reimbursement Service to monitor utilisation by patient and maintain an oversight of expenditure of these drugs. This programme is expected to be rolled out by the end of the year.

Billy Kelleher

Ceist:

199 Deputy Billy Kelleher asked the Minister for Health when he intends to introduce legislation on reference pricing for interchangeable medicines; the amount he intends to save as a result of the move; and if he will make a statement on the matter. [23557/12]

In September 2011 the Government gave approval for the drafting of a Bill to provide for the designation and substitution of interchangeable medicines and the pricing and reimbursement of medicines. Drafting of this Bill, entitled the Health (Pricing and Supply of Medical Goods) Bill, is well advanced and is scheduled for publication shortly.

The potential savings arising from using generic drugs instead of proprietary drugs, where there is an equivalent generic product available, is dependent on a number of factors, in particular, the price differential between the proprietary drugs and the equivalent generic drugs.Therefore, it is not possible to provide an answer in relation to potential savings.

Billy Kelleher

Ceist:

200 Deputy Billy Kelleher asked the Minister for Health if savings have been made since the start of the year in securing price reductions in patent protected drugs; the level of savings; and if he will make a statement on the matter. [23558/12]

Officials from the Department of Health and the Health Service Executive are in ongoing contact with the Irish Pharmaceutical Healthcare Association regarding a new pricing agreement for originator drugs. The previous agreement expired on 1st March 2012 with an understanding that the existing arrangements would apply until such time as a new agreement is reached.

The position of the Department and the Health Service Executive is that financial space needs to be created within the current drug spend to facilitate the cost of the new and innovative drugs awaiting reimbursement approval. To this end the Department of Health and the Health Service Executive are seeking reductions in the price of drugs currently on the reimbursement list.

In recent years the Department of Health and the Health Service Executive have secured substantial reductions in the prices of drugs and medicines. The 2006 Agreement with IPHA has secured around €300m in savings with additional savings of €80m agreed in 2010 and €140m in 2011.

Question No. 201 answered with Question No. 174.

Private Health Insurance

Jim Daly

Ceist:

202 Deputy Jim Daly asked the Minister for Health the number of persons availing of private health insurance for each of the past five years in each of the following age groups, 20 to 30 years, 30 to 40 years, 40 to 50 years, 50 to 60 years, 60 to 70 years, 70 to 80 years, 80 to 90 years; and if he will make a statement on the matter. [23578/12]

Jim Daly

Ceist:

204 Deputy Jim Daly asked the Minister for Health the number of persons that are subscribed to private health insurance that are in employment and that are in receipt of welfare payments; and if he will make a statement on the matter. [23580/12]

I propose to take Questions Nos. 202 and 204 together.

The number of insured persons with inpatient private health insurance, for each of the past five years and broken down by age group, are contained in the following table:

Number of Insured Persons 2007-2011

Market

Age Group

2007

2008

2009

2010

2011

17 and under

496,716

515,000

516,378

502,562

494,931

18 — 29

331,377

334,198

320,701

292,982

267,629

30 — 39

352,562

367,232

368,181

353,708

339,367

40 — 49

308,846

320,107

322,857

316,759

312,024

50 — 59

257,803

266,570

271,938

271,693

271,336

60 — 69

174,889

185,844

195,417

202,029

207,783

70 — 79

89,593

94,699

100,051

104,986

109,554

80 and over

33,922

36,251

38,982

41,571

44,255

Total

2,045,708

2,119,900

2,134,506

2,086,290

2,046,880

The above data refer only to the three open market insurers of Aviva Health, Quinn Healthcare and VHI Healthcare and the figures are the average numbers insured in each calendar year.

Information in respect of the number of individuals holding private health insurance broken down by the numbers in employment or in receipt of social welfare payments is not available or collected on a national basis. However, the Health Insurance Authority is the statutory regulator of the private health insurance market and undertakes consumer surveys from time to time. The most recent such survey was carried out in May 2010 and while it did not cover the entire population of insured individuals, it was a national consumer survey with just over 1,000 respondents. Quotas were set on age, sex, social class and region in order to be representative of the adult population in the Republic of Ireland. The survey revealed that 61% of those surveyed considered themselves employed, 16% were retired, 12% were home makers, 6% were students and 5% were unemployed.

Jim Daly

Ceist:

203 Deputy Jim Daly asked the Minister for Health if his attention has been drawn to the fact that the Government levy is being passed on to customers by insurers and clearly being levied on the invoice as a Government charge. [23579/12]

Jim Daly

Ceist:

206 Deputy Jim Daly asked the Minister for Health his views in relation to health insurance companies passing on the health insurance levy to customers who may not be in a tax bracket to reclaim it, who may recently have joined the welfare system and are endeavouring to continue to pay their insurance and save the State from any potential cost of ill health for them; and if he will make a statement on the matter. [23582/12]

I propose to take Questions Nos. 203 and 206 together.

I am strongly committed to protecting the principle of community rating in the private health insurance market. Community Rating means that the level of risk that a particular consumer poses to an insurer does not directly affect the premium paid. It also means that premiums for younger or healthier lives are typically higher than their expected claims would require, whereas for older or less healthy lives, premiums are typically lower than the expected claims would require. It is also useful to note that older people who have been paying health insurance premiums for many years will have supported the older generation when they were younger and could reasonably expect to benefit in a similar way as they themselves now become older.

Community Rating needs a robust system of risk equalisation. Otherwise insurers will have a strong incentive to avoid older customers. Instead they will have a clear incentive to attract and retain only healthy customers who are less likely to make claims. The Interim Scheme of Age-Related Tax Credits and Community Rating Levy was introduced in 2009 in order to provide direct support to community rating. It achieves this by way of a mechanism which provides for a cost subsidy from the young to the old.

The Interim Scheme provides that health insurers receive higher premiums in respect of insuring older people, but that older people (in six age bands ranging from 60-64 yrs to 85 yrs +) receive an age-related tax credit equal to the amount of the additional premium so that all people continue to pay the same net amount for a given health insurance product. The Scheme is funded by an annual levy on health insurers based on the number of lives insured by them. The Scheme is designed to be Exchequer neutral, neither a cost nor a benefit to the State. The tax credit is provided as a tax relief at source — that is, the cost of the policy is reduced by the amount of the age-related income tax credit.

It is a matter for the insurance companies as to the extent, if any, they pass the levy on to their clients. Earlier this year I welcomed the announcements by both Aviva Healthcare and the VHI that they did not envisage passing an increase on to customers' premiums on foot of the revised rates of Age-Related Tax Credit and Community Rating Levy for 2012. I am disappointed that AVIVA increased their prices subsequently in May when they attributed the rise in premium to the levy increases.

The age- related tax credit is separate and additional to the standard rate income tax credit which has traditionally been provided by Government to persons holding health insurance policies. In relation to those with incomes exempt from income tax who have health insurance cover, I can confirm that they also benefit from tax relief at the standard rate. For example, an insurer may set the price for a particular plan at €1,000. It will then deduct 20% ( €200 in this case) in respect of tax relief at the standard rate and charge each customer, irrespective of their taxpayer status, a net amount of €800. The insurer will then claim the tax relief amount of €200 from the Revenue Commissioners.

Finally in relation to information provided to policy holders, Section 9 of the Health Insurance (Miscellaneous) Provisions Act, 2009, obliges insurance providers to issue a statement to the policy holder in writing setting out: the premium payable under the contract in respect of each insured person before any deduction from premium (including tax relief at source and age related tax credits), and the net premium under the contract in respect of each insured person.

Question No. 204 answered with Question No. 202.

Jim Daly

Ceist:

205 Deputy Jim Daly asked the Minister for Health if his attention has been drawn to the fact that the cost of private health insurance has increased by 300% in the past five years; his plans to address the spiralling cost of insurance; and if he will make a statement on the matter. [23581/12]

I am concerned that private health insurance is becoming harder to afford, especially for older people, as insurers increasingly tailor their insurance plans towards younger, healthier customers. There can be little doubt that price increases will make it more difficult for persons who hold private health insurance to renew their policies. While there has been a decrease in the numbers with private health insurance, by 76,000 in the year to end-March 2012, it is important to note that the decline in private health insurance coverage is modest to-date, at less than 4% of the overall market. This leaves some 2.139 million, or 46.6% of the population, covered by private health insurance. Even in the current difficult financial climate, the vast majority of consumers with private health insurance are retaining some level of health insurance cover.

Provisions in the relevant health insurance legislation ensure switching is as easy and seamless as possible for customers. Many have tended to choose cheaper alternative plans, rather than leaving the market altogether. Consumers have a legal right to switch between or within insurer to get better value and to reduce their premium costs. The evidence to date is that many people are changing their product choice or insurer following significant price or product changes. It is not open to a company to refuse a customer of another insurer the same level of cover. All plans are available to all customers, regardless of whether you are an employee of a particular organisation or not. Policy holders can switch to the same level of cover without waiting times for cover to apply.

In addition to the choices available to consumers in the health insurance market, the Government's clear objective is for the health insurance market to remain as competitive and affordable as possible, as we move towards a new system of Universal Health Insurance. I am focusing on addressing the problems of the current private health insurance market, where insurers have a considerable financial incentive to cover younger, better risks than older, poorer risks. I am strongly committed to protecting community rating, whereby older and less healthy customers should pay the same amount for the same cover as younger and healthier people. In order to keep down the cost of health insurance for older people, I was pleased to increase significantly the age-related income tax credit for insured persons aged 60 years and over, from 1 January 2012. Without this support, health insurers would have had a strong financial incentive to "segment" the market by offering policies targeted at young people, to the disadvantage of older customers.

In addition, I am keen to explore other available measures to limit the costs related to health insurance. I have agreed with the three commercial health insurers to establish a Consultative Forum on Health Insurance, to tackle issues of mutual concern. This Forum has been established with a focus on generating ideas which would help address health insurance costs, and the insurers have agreed to work cooperatively in driving down costs related to health insurance and to identify savings that could be achieved by both public and private hospitals. Bilateral meetings have taken place with each insurer where they have brought forward their own ideas for cost savings in the market. The Forum will also give a voice to the insurers in the development of the new Universal Health Insurance model. I have also made it clear to the health insurers that I believe that significant savings can still be made, the effect of which can be to minimise the need for increases in premiums. In this regard, VHI has commissioned consultants to carry out a utilisation management review of their claims. The review has commenced and will provide a detailed report on the advantages and disadvantages of moving towards greater utilisation management, a cost benefit analysis and a detailed plan on how this might be achieved including the timelines involved, costs and potential savings, if any, that could be achieved.

It is my intention to ensure that the private health insurance market is reformed to ensure that costs are reduced and that there is a more even balance across the market. I am determined that the measures outlined above will have a significant impact in containing the level of any future increases in health insurance premiums.

Question No. 206 answered with Question No. 203.

Mental Health Policy

Patrick Nulty

Ceist:

207 Deputy Patrick Nulty asked the Minister for Health when the will publish a National Dementia Strategy for Ireland, as committed to in the Programme for Government; the reason for the delay; and if he will make a statement on the matter. [23585/12]

The Programme for Government gave a commitment to develop a National Strategy on Dementia by 2013 which will increase awareness, ensure early diagnosis and intervention, and enhance community based services for people living with this condition. The first stage of the process, which was to assemble the research and evidence upon which the policy will be developed, was recently completed. The findings of the review were published and presented to the Minister. The report is available at www.doh.ie.

The next step will take the form of a public consultation process over the summer and details of how this will be carried out are currently being considered. Following on from the consultation process a Working Group will be established, towards the end of the year, to develop the strategy.

Health Services

Dominic Hannigan

Ceist:

208 Deputy Dominic Hannigan asked the Minister for Health when he expect the new primary care centre in Ashbourne, County Meath, to be open to the public; the services that will be available at the centre; if the introduction of new services will be staggered or will they all be available once the centre is open; and if he will make a statement on the matter. [23592/12]

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

Health Service Staff

Michael Lowry

Ceist:

209 Deputy Michael Lowry asked the Minister for Health the reason paediatric diabetes posts in the Mid-Western Regional Hospital, Limerick (details supplied), have not been filled; the reasons for the delay in same; when he expects these posts to be filled; and if he will make a statement on the matter. [23610/12]

The HSE National Clinical Programme for Diabetes — which includes the care of children and adolescents with diabetes — was established within the Clinical Strategy and Programmes Directorate. The purpose of the Programme is to define the way diabetic Clinical Services should be delivered, resourced and measured.

It is widely recognized that secondary or acute care alone cannot cope with the current and increasing burden of disease. Re-organizing systems into more integrated models presents opportunities for a more efficient and effective approach to the management of diabetes care.

In this regard, Diabetes Service Implementation Groups were established country-wide, including in HSE Mid-West.

Approval has been granted for the recruitment of diabetes nurse specialists and dieticians for the provision of continuous subcutaneous insulin infusion therapy for patients with type 1 diabetes who are under five years of age.

The model of care and the job descriptions for these roles are currently under review. I am advised by the HSE that recruitment will take place once the model of care and job descriptions have been finalised and implementation plans have been approved.

Question No. 210 answered with Question No. 176.

Autism Services

Tom Fleming

Ceist:

211 Deputy Tom Fleming asked the Minister for Health when the review of Autism Services will be completed and if adequate finance and resources will be made available to implement the initiatives. [23623/12]

The Health Service Executive published the "National Review of Autism Services" on 29 February 2012.

This national review outlines the historical background, identifies current models that exist and the gaps in service provision and points to the need for a consistent clear pathway for individuals to access services in the least restrictive way. The report highlights the imperative for a clear focus on the individual and their family in ensuring that the needs of the individual remain at the centre of service provision.

Future provision of services for children and adults with Autism Spectrum Disorder must be in line with the Government's commitment to mainstreaming where people with a disability have access to the same services as the general population, and in addition receive the appropriate support and intervention to address individual needs. It is intended that the recommendations of this report will be implemented by the HSE through the reconfiguration of existing service provision and given the current economic climate with reducing resources in the public sector will be progressed as appropriate within available resources. This integrated approach to meeting the health needs of people with disabilities is designed to ensure that generic health needs, which can be met at primary care level, are addressed by primary care teams and that only needs, where specialist knowledge, skill or expertise is required are referred to specialist services.

Road Safety

Timmy Dooley

Ceist:

212 Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport the circumstances in which a tree, which is deemed to pose a risk to road users, may be pruned or removed; and if he will make a statement on the matter. [23434/12]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Similarly, the improvement and maintenance of regional and local roads, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993.

Section 70 of the Roads Act 1993, which is available on the Attorney General's website or in the Oireachtas Library, deals specifically with the issue of structures or vegetation obstructing the safe use of a public road.

Rail Services

Robert Troy

Ceist:

213 Deputy Robert Troy asked the Minister for Transport, Tourism and Sport if he will consult with Irish Rail regarding the increase in rail fare prices between Longford and Dublin, in view of the fact that correspondence this Deputy received from the National Transport Authority has indicated that it is Irish Rail that is responsible for the increase in rail prices; and if he will make a statement on the matter. [23559/12]

As the Deputy will be aware, public transport services and fares are a matter for the CIÉ operating companies in conjunction with the National Transport Authority (NTA), which regulates fares for public service obligation services. As the fare increases regulated by the NTA do not apply to promotional pricing, Irish Rail may offer discounts on regulated fares via web fares in order to optimise revenues. As the fare referred to by the Deputy falls into this category, the decision to withdraw the fare is a matter for Irish Rail. I have referred the Deputy's question to Irish Rail for direct reply. Please inform my private office if you do not receive a reply within ten working days.

Motor Fuels

Dominic Hannigan

Ceist:

214 Deputy Dominic Hannigan asked the Minister for Transport, Tourism and Sport the steps he will take to reduce the cost of fuel to haulage firms; and if he will make a statement on the matter. [23598/12]

This is a matter for my colleague, the Minister for Finance, in relation to VAT and other taxes and duties which are applied to fuel. I am aware that the Department of Finance has established a working group with representatives of the road haulage industry to look at this matter.

Public Transport

Dominic Hannigan

Ceist:

215 Deputy Dominic Hannigan asked the Minister for Transport, Tourism and Sport when the Leap card will be available for use on commuter routes in the greater Dublin area; and if he will make a statement on the matter. [23612/12]

Responsibility to develop, procure, implement, operate and maintain the integrated ticketing system in the greater Dublin area became the function of the National Transport Authority (NTA) with effect from 30 September 2010 in accordance with section 58 of the Dublin Transport Authority Act 2008. The integrated ticketing system is being introduced in the greater Dublin area on a phased basis, based on smartcard technology in line with all other ticketing schemes internationally. Phase 1 of the Leap Card system was launched on 12 December 2011 on the services of Dublin Bus, Luas and Irish Rail DART and commuter rail. Further roll-out of the scheme will continue in 2012 and the Leap Card is expected to be available in the coming months on all Bus Éireann commuter and local services within the eastern region and on the services of a number of private bus operators. Piloting of the Leap Card has already commenced on some services. There are over 86,000 Leap Cards now in circulation and in excess of 3 million journeys have been taken using Leap Cards since the launch on 12 December last year. The introduction of these new functions, together with the incorporation of Bus Éireann and a number of privately operated services, taken with the considerable discount offered to Leap Card users over cash fares will make the Leap Card very attractive to all members of the public and should greatly increase the number of cards into circulation by the end of 2012.

Tourism Promotion

Dominic Hannigan

Ceist:

216 Deputy Dominic Hannigan asked the Minister for Transport, Tourism and Sport if an organisation receives funding from Meath partnership, if it can also receive funding from Government sources for the same project; and if he will make a statement on the matter. [23613/12]

I understand from the Deputy that the local group concerned is exploring the possible avenues of funding for the development of its area as a tourism location. In this regard, I think the best approach would be for the group to first engage with Fáilte Ireland who can advise on what funding is available and where best to apply for the various projects they are planning. Accordingly, if the Deputy can supply my office with the relevant contact details, I will notify Fáilte Ireland and ask it to make direct contact with the group.

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