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Dáil Éireann díospóireacht -
Tuesday, 10 Jul 2012

Vol. 772 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 8, inclusive, answered orally.
Questions Nos. 9 to 17, inclusive, resubmitted.
Questions Nos. 18 to 26, inclusive, answered orally.

Child Care Services

Robert Troy

Ceist:

27 Deputy Robert Troy asked the Minister for Children and Youth Affairs if, in view of publication of the report of the independent child death review group, she will commit to the introduction of mandatory aftercare; and if she will make a statement on the matter. [33365/12]

Caoimhghín Ó Caoláin

Ceist:

35 Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the date on which she will introduce legislation to provide a statutory right to aftercare for children leaving the care system; and if she will make a statement on the matter. [33319/12]

I propose to take Questions Nos. 27 and 35 together.

Section 45 of the Child Care Act 1991 places a statutory duty on the HSE to form a view in relation to each person leaving care as to whether there is a "need for assistance" and if it forms such a view, to provide services in accordance with the legislation and subject to resources.

All young people who have had a care history with the HSE, be it foster care, residential care or high support, are entitled to an aftercare service based on their assessed needs. The core eligible age range for aftercare is 18 years to 21 years. The HSE policy allows for this to be extended up to the age of 23 years of age on the basis of a need for assistance.

The basis of an aftercare service is an individual assessment of each young person's need in the months before their 18th birthday. An individual holistic needs assessment identifies a young person's need for accommodation, financial support, social network support and training and education. The level of support required will vary for each individual from advice to accommodation to further education, employment or training and social support.

The most important requirements for young people leaving care are for secure, suitable accommodation as well as further education, employment or training and social support. The most vulnerable group of young people leaving care are those that have dropped out of education and training and those that have left residential care. Some of these young people may have mental health problems or a disability. Aftercare provision incorporates advice, guidance and practical support. It is essential that all young people leaving care are provided with the type of transitional support that their individual situation requires. The provision of an appropriate aftercare service has been highlighted as a key element to achieving positive outcomes for young people leaving care.

Some 90% of children in care are in foster care and a large number of these remain living with their foster families, supported financially by the HSE, on reaching 18 years of age. These young people continue in education and training as planned. This remains a key component of aftercare for young people when they leave care.

The HSE National Aftercare Service is underpinned by a National Policy and Procedures Document which has been developed in cooperation with the key stakeholders, including the voluntary sector agencies involved in aftercare provision and my Department. The policy which was finalised in April 2011, commits to promoting and achieving the best outcomes for young people leaving care and in ensuring consistency of support to these young people. The HSE has established an intra-agency National Aftercare Implementation Group to monitor progress in implementing the national policy and their work is ongoing.

Clearly, there has been a lot of progress in the provision of aftercare services and more young people are receiving a service. The HSE has advised me that there were 1,310 young people in receipt of aftercare at the end of May 2012, compared to 847 young people in 2009. The implementation of the policy and the ongoing provision of aftercare services are being kept under review and I will continue to engage with the HSE on this matter over the course of the year. In addition, I recently had further discussions with the Attorney General regarding strengthening the legislative approach to aftercare and I believe that the law can be strengthened. It is my intention to seek to bring forward legislative proposals in this regard later this year.

Children’s Rights Referendum

John Browne

Ceist:

28 Deputy John Browne asked the Minister for Children and Youth Affairs if she will give a timeline for the publication of enacting legislation for the children’s referendum; when the referendum will take place; and if she will make a statement on the matter. [33370/12]

Dessie Ellis

Ceist:

44 Deputy Dessie Ellis asked the Minister for Children and Youth Affairs the date on which she will publish legislation to hold a referendum on children’s rights; and if she will make a statement on the matter. [33325/12]

I propose to take Questions Nos. 28 and 44 together.

The Programme for Government 2011-2016 states that the Referendum on Children's Rights is a priority, and that the wording of the proposed referendum will be along the lines of that proposed by the All Party Joint Committee on the Constitutional Amendment on Children (JCCAC).

Both myself and officials of my Department have engaged extensively with the Attorney General and her officials to formulate a draft wording for the proposed constitutional amendment. Contact in that regard is ongoing and, as part of normal process, will involve consultations across the relevant departments in advance of presentation of a proposed wording to Government for consideration.

Integral to the passing of the proposed amendment will be a change as regards adoption law in the position of children of marriage and married parents. To ensure that the public are fully informed of the nature of the proposal, and the consequences of approving it, the proposed amending legislation in the area of adoption will be published along with the wording of the amendment. Publication of the Referendum Bill will have regard to the need to allow an appropriate period of time for the proposal to be fully debated and considered.

While the Government has yet to consider the matter of the precise referendum date, it has already decided that it will take place later this year and will be held on a standalone basis. The significant and complex work currently being done is geared towards this timeline and objective.

Departmental Functions

Peadar Tóibín

Ceist:

29 Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs the position regarding the dialogue between her and the Department of Justice and Equality regarding the transfer of certain youth justice functions to her Department; and if she will make a statement on the matter. [33330/12]

I am pleased to inform the Deputy that towards the end of 2011, following discussions at Ministerial and Official level and in consultation with the Attorney General, it was agreed that certain youth justice functions would transfer from my colleague the Minister for Justice and Equality to myself as the Minister for Children and Youth Affairs. Advices were received from the Office of the Attorney General in relation to the legislative mechanism to be used to effect such a transfer. It was agreed that responsibility for the Children Act, 2001 would be shared between my Department and the Department of Justice and Equality. The position is that:—

The Minister for Children and Youth Affairs is responsible for the Children Detention Schools at Oberstown, Lusk, Co. Dublin which provide detention places to the Courts for girls less than 18 years old and boys less than 17 years old ordered to be remanded or committed on criminal charges;

The Minister for Justice and Equality retains responsibility for all aspects of the Children Act related to crime detection (including anti-social behaviour), diversion, prosecution, court proceedings, community sanctions, age of criminal responsibility. The Minister also retains responsibility for dealings with An Garda Síochána and the Probation Service.

The formal transfer of statutory responsibility came into effect on 1 January, 2012 on foot of an Order of the Taoiseach by Statutory Instrument (S.I. No. 668 of 2011).

The staff of the Irish Youth Justice Service (IYJS) moved to my Department in November 2011 in anticipation of the transfer of functions. With effect from 1st January, 2012, the IYJS is staffed by officials from both the Department of Justice and Equality and my Department. This is a practical example of this Government's commitment to explore new and more flexible ways of working effectively to achieve cross-departmental collaborations.

The IYJS will develop a National Youth Justice Action Plan later this year which will sit within the Children and Young People's Policy Framework currently being developed in my Department but will also form part of the National Anti-Crime Strategy being developed as part of the draft White Paper on Crime being finalised by Minister Shatter.

I am very pleased that the practice of sending 16 year olds to St. Patrick's Institution has been ended. I made an order by Statutory Instrument (S.I. No. 136 of 2012) that, with effect from 1st May 2012, all newly remanded or sentenced 16 year olds are being detained in the children's detention facilities at Oberstown. On 2nd April 2012, I also announced that capital funding of approximately €50 million over three years has been secured to develop new and expanded facilities at the children detention schools at Oberstown in Lusk, Co. Dublin so that, within two years, all those under 18 who need to be detained will be sent to dedicated child-specific facilities on the Oberstown campus.

I can also inform the Deputy that, in conjunction with my colleague Alan Shatter TD, Minister for Justice, Equality and Defence, I have made an Order by Statutory Instrument (S.I. No. 210 of 2012) which extends the remit of the Ombudsman for Children to consider complaints by and on behalf of children detained in St. Patrick's Institution.

Inter-Country Adoptions

Niall Collins

Ceist:

30 Deputy Niall Collins asked the Minister for Children and Youth Affairs the number of countries with which Ireland has signed an administrative agreement for the purposes of facilitating inter-country adoptions; the number of children adopted using administrative arrangements since the establishment of the Adoption Authority of Ireland; and if she will make a statement on the matter. [33376/12]

The Hague Convention on Inter-country Adoption entered into force in Ireland on 1 November 2010 with the enactment of the Adoption Act 2010 and the establishment of the Adoption Authority of Ireland (AAI). Therefore, since then, adoptions have been ongoing from Hague contracted countries and 35 such adoptions have taken place in the period 1 January 2011 to end June 2012.

Under section 72 of the Adoption Act 2010, the Adoption Authority may enter into administrative arrangements with another contracting State. An administrative arrangement is not mandatory for inter-country adoption between countries that are both signatories to Hague. However some contracting states, including Ireland, may determine that in some instances co-operation in the field of inter-country adoption between particular countries is best served by the development of an administrative agreement under Section 72 of the Act.

The Adoption Authority is working to establish administrative arrangements with a number of Hague countries in relation to inter-country adoptions, as provided for under section 72 of the Adoption Act 2010. The Authority has travelled to a number of jurisdictions in order to make contact with the Central Authorities, advise of our processes and procedures, assess the need for additional administrative arrangements or agreements; and to glean as much information as possible of relevance to prospective adopters from those countries. The visits also provide opportunities to streamline processes on both sides and obtain up-to-date information for prospective adopters on developments in these countries. The most recent engagements by the AAI with its counterpart Central Authorities include:

positive discussions in that regard which recently took place between the Adoption Authority of Ireland and a visiting delegation of senior officials from the Socialist Republic of Vietnam, which is a Hague signatory. The discussions lead to finalisation on the contents of administrative arrangements for the resumption of adoptions between Ireland and Vietnam. I have invited the Vietnamese Minister for Justice, Mr. Ha Hung Cuong, to visit Ireland in September at which point I expect that the agreement setting out the administrative arrangements will be signed by the two Central Authorities.

A delegation from the Adoption Authority travelled to New Delhi, India, on 18th June 2012 to discuss adoption arrangements between the Adoption Authority and CARA, the Indian Central Authority. I understand the Authority is considering the report from this visit.

With the help of the Irish Embassy in Moscow, the AAI has had a response to its earlier communications from the adoption authorities in Kazakhstan on the issue of inter-country adoptions and is proposing to meet the authorities in Kazakhstan.

Timmy Dooley

Ceist:

31 Deputy Timmy Dooley asked the Minister for Children and Youth Affairs the progress made on finalising an administrative or working agreement with Kazakhstan for the adoption of children; and if she will make a statement on the matter. [33381/12]

The Adoption Authority of Ireland (AAI) seeks to proactively engage with its counterparts in countries identified for inter-country adoption purposes, including Kazakhstan. While direct contact and diplomatic channels are used to promote such contact, the success of these efforts is obviously contingent upon the preferences of such other countries regarding inter-country adoption relationships.

Over the past 18 months AAI has written to its counterpart Central Authority in Kazakhstan on three separate occasions to begin the process of developing an administrative agreement for inter-country adoption. To date there has been no reply from the Kazakhstani authorities to any of the contacts made by the AAI. The Authority has continued to indicate that it is open to discussing the issue of inter-country adoptions with its Kazakhstani counterparts at any time, and the most recent correspondence from the AAI was in March of this year.

An official of the Irish Embassy in Moscow presented the copy correspondence to, and raised the issue of inter-country adoption with, the Ministry of Foreign Affairs in Kazakhstan on Friday 11 May 2012. The Embassy officials in Moscow have also been asked to secure feedback from the meeting held in Kazakhstan on 11 May to assess its relevance for progress towards an administrative agreement on inter-country adoption between Ireland and Kazakhstan. AAI is doing a review of adoption laws in Kazakhstan.

An official at the Irish Embassy in Moscow confirmed to the AAI on 4 July 2012 that the National Central Authority had received the Adoption Authority of Ireland correspondence and a reply was in the course of preparation. They were not in a position to state the nature of the reply. This matter was also followed up on 3rd July directly with the Embassy by officials of the DCYA. A response is awaited.

Child Abuse

Catherine Murphy

Ceist:

32 Deputy Catherine Murphy asked the Minister for Children and Youth Affairs if, in the preparation of policy concerning the mandatory reporting of the abuse of children and or vulnerable persons, she has taken into account the experience of New South Wales, Australia, which introduced similar legislation in 1999 that resulted in unintended adverse effects for the effective provision of child protection services in that State; if so, if she anticipates similar problems for child protection services here; the measures under investigation to ensure the avoidance of same; and if she will make a statement on the matter. [33286/12]

I can confirm that in preparing the policy position to underpin the introduction of legislation to place Children First: National Guidance for the Protection and Welfare of Children on a statutory footing due regard was paid to a range of international experience of relevant legislation, including that of New South Wales. I note that, while changes have been made to the reporting regime in New South Wales, the policy of mandatory reporting has been maintained.

As regards any potential adverse effects, the Deputy will be aware that Children Firsthas operated on the basis of voluntary compliance since it was first published by the then Department of Health and Children in 1999. Children First is much wider than reporting and sets out a comprehensive range of practices which organisations and professionals are required to adhere to in order to safeguard children. Significant resources have been put in place to support the implementation of Children First and in the case of the HSE and An Garda Síochána, Children First has formed an integral part of their existing operations and practices. The HSE has provided training, information and advice on the implementation of Children First throughout the HSE, voluntary and community sector.

In the draft legislative proposals on Children First it is proposed that organisations working with children appoint a Designated Officer. It is proposed that the Designated Officer, along with certain named professionals, will have statutory responsibility to report information about abuse to the HSE. To assist Designated Officers and certain named professionals make a determination as to whether to report abuse, a ‘Guidance for Reporting of Abuse' is to be developed by my Department. This Guidance will deal with issues such as definitions, thresholds and appropriate routes for the reporting of abuse. The Guidance will assist designated officers and professionals named in the legislation, in considering a number of factors to see if the concern reaches the threshold of a report under the legislation. This approach is intended to ensure that only those cases which require an assessment by the HSE are brought to its attention.

I received the Report of the Joint Committee on Health and Children on the draft Heads of the Children First Bill last week and my officials have commenced a review of the Report and an assessment of any changes that might be recommended to the Heads of Bill as currently drafted. I welcome the input of the Health and Children Committee and the experts consulted by the Committee during its deliberations and look forward to the further refinement of the legislative proposals as a result of this input.

Child Protection

Jonathan O'Brien

Ceist:

33 Deputy Jonathan O’Brien asked the Minister for Children and Youth Affairs the number of children who have stayed overnight in Garda stations to date in 2012, broken down by division and month, due to a lack of an out-of-hours child protection unit. [29756/12]

Responsibility for matters relating to An Garda Siochana rests primarily with my colleague the Minister for Justice and Equality. Children, who are not being arrested or detained, may come into the care of An Garda Síochána for a number of reasons:

lost children brought to a Garda station;

child of an arrested person — where the child remains in the control of the An Garda Síochána for a period of time;

section 12 of the Child Care Act 1999 is invoked and the child is removed from a dangerous situation for his/her protection and cared for by An Garda Síochána for a period of time,

circumstances where a child seeks the services of the Health Service Executive (HSE), via a Garda station.

Current Garda policy caters for the provision of medical assistance as necessary; the removal of the child to hospital if required; the safe delivery of the child into the custody of the Health Service Executive (HSE) in accordance with section 12, Child Care Act, 1991; and any other assistance to ensure the health and well-being of the child while in Garda care.

At present the Health Service Executive provides out-of-hours emergency services for children at risk in the greater Dublin area through the Crisis Intervention Service, and outside the greater Dublin area through the Emergency Place of Safety Service. The Crisis Intervention Service provides out-of-hours emergency social work assistance to young people aged under 18 years. The CIS service has informed me that they successfully placed all children, with the exception of one child on one occasion, in either emergency foster care or in a hostel, who sought their assistance in 2011.

Outside the greater Dublin area, the HSE operates an Emergency Place of Safety Service whereby Gardai can access an emergency placement for children found to be in need of a placement out-of-hours. All Gardai Stations have a national contact phone number where a social worker is available for consultation, and where appropriate will arrange a placement with an emergency foster carers who provide a placement for one night, or over a weekend for a maximum of 3 nights. The Gardai will consult with the social worker as to the best course of action on occasions where a child may be intoxicated, in need of a health or psychiatric assessment or showing aggressive behaviour regarding the most appropriate course of action. Where a child's main issue is that of a placement, the social worker will make a suitable arrangement.

While I have been informed by the Department of Justice and Equality that statistics for the number of children who have remained in a Garda station overnight in the care of An Garda Síochána are not readily or centrally available, I understand that as a result of the current policy and services available, the reasons for children to stay overnight in a Gardai station due to a lack of suitable placements has been reduced to a minimum. However I have asked the HSE to look into any situation where a child is reported to have been kept overnight in a Gardai Station and to report to me on the reasons for this.

Furthermore, notwithstanding the current availability of service to Gardai, the HSE is currently engaged in work on the development of nationwide models for 24-hour social work assistance to be informed on the ongoing pilots projects in Cork and Donegal.

Micheál Martin

Ceist:

34 Deputy Micheál Martin asked the Minister for Children and Youth Affairs the actions she is taking to address the serious issues of alcohol misuse as identified in a child welfare case and highlighted in the report of the independent child death review group as a factor in multiple cases; her liaisons with the Department of Health in this regard; and if she will make a statement on the matter. [33391/12]

The Report of the Independent Child Death Review Group highlights in the most serious way our national problems with alcohol and drug abuse. The report highlights a significant number of individual cases where alcohol and drugs were prevalent in the home, and the devastating impact of drug and alcohol misuse on children and young adults, both through their own direct use and as a result of parental use. Some of those described in the report themselves sought release in alcohol and drugs.

I am committed to working with Minister Roisin Shortall and the HSE on progressing a fresh approach to identifying and addressing the hidden harm posed by substance misuse.

In February 2012 the Report of the National Substance Misuse Strategy Steering Group, was launched. The focus of the Steering Group was on alcohol and it was charged with identifying actions that could be used to deal with the harms caused by alcohol misuse. The Steering Group was drawn from relevant Departments and agencies, medical professional bodies, the community and voluntary sectors and the alcohol industry. Its report is a roadmap for the future direction of policy to deal with the use and misuse of alcohol. I continue to proactively support efforts to tackle alcohol misuse both directly with Minister Reilly, Minister of State Shorthall and their officials and through my participation in policy development and oversight in relation to this major public health issue at Government and in the Cabinet Committee on Social Policy.

Question No. 35 answered with Question No. 27.

Children in Care

Patrick Nulty

Ceist:

36 Deputy Patrick Nulty asked the Minister for Children and Youth Affairs the position regarding Irish children who are detained abroad on High Court orders; if she will take action to ensure that appropriate places are made available for these children within this jurisdiction; and if she will make a statement on the matter. [33225/12]

Under the Child Care Act, 1991, the Health Service Executive has a duty to promote the welfare of children who are not receiving adequate care or protection. The policy of the HSE is to place children in care settings, preferably in foster care, as close as possible to their home and community. There were 6,236 children in the care of the state in April 2012, the vast majority of whom were in foster care (5,601) and residential care (378).

A very small minority of young people under 18 years of age have highly specialised needs arising from severe behaviour difficulties, due to their childhood experiences or in some cases as a result of injury, accident or disability. The care needs of these young people are generally met by directly provided residential services or services commissioned by the HSE within Ireland.

For a small number of young people, the HSE is on occasion required to make arrangements for their placement in care and treatment facilities outside of the State, primarily in the UK, to allow for access to an individually tailored mix of care and therapeutic services and psychiatric treatment not currently available in this country. This is done on as infrequent a basis as possible and only where such placement is considered to be in the best interest of the child. These placements are made under the order and supervision of the High Court. The HSE has advised me that there were 8 young people detained abroad on high court orders on 6 July last.

The HSE ensure that these placements are suitable and the child's social worker visits regularly and makes arrangements for family or carers of the child to also visit.

The units in which the children are placed are inspected and regulated by their national authorities and the HSE is attentive to the standards of care delivered in these specialised units.

The level of requirement for these services is closely monitored by the HSE's National Director for Children and Family Services.

The general issue of referral of persons abroad for specialised therapeutic interventions is an established feature within our health and social care system as it is in many other jurisdictions of similar size and is not unique to childcare services. However, recourse to such arrangements for children is kept to a minimum and decisions in each case are made in the best interests of the child.

Child Care Services

Pádraig Mac Lochlainn

Ceist:

37 Deputy Pádraig Mac Lochlainn asked the Minister for Children and Youth Affairs if any action will be taken against those Health Service Executive employees who closed their files on children who subsequently died, whose cases were examined in the report of the independent child death review group; and if she will make a statement on the matter. [33328/12]

It is important to note that the Independent Child Death Review Group conducted what was in essence a desktop review of HSE files. This was in accordance with the terms of reference for the Group. The Group did not interview staff and did not make specific findings regarding individual staff members. Consequently right of reply or opportunity was not afforded to the HSE, or indeed any of the service providers engaged with the deceased, to respond to the report'sfindings in relation to matters reported on. The purpose of the review was to establish how these children and young adults died and to focus on the strengths and weaknesses of the State’s involvement. Its purpose was to see how systems can be strengthened, rather than to establish culpability. The review related to deaths over a period of ten years and interventions in the lives of these children over preceding years.

The HSE has indicated that in some cases disciplinary actions were initiated against staff who were involved in cases subsequently examined by the Review Group. It also indicated that there may be further reviews and if cases of personal culpability are found these will be addressed. This would be done in accordance with the relevant employment legislation. The matter of action against employees of the Health Service Executive is one for the HSE to address as the relevant employer.

On a current basis the HSE now automatically has all deaths of children in its care or known to child protection services independently reviewed in order to identify learning and any actions that may be necessary.

Child Care Reports

Denis Naughten

Ceist:

38 Deputy Denis Naughten asked the Minister for Children and Youth Affairs when the audit produced on foot of the recommendations in the report on the Roscommon child care case will be published; the current PCCC areas in which this audit has been completed and those in which it is currently ongoing; and if she will make a statement on the matter. [33228/12]

I have been informed by the HSE that the audit referred to by the Deputy has now been completed in the former Roscommon, Waterford and Dublin South East Local Health Offices. The HSE intends to publish a composite report of the findings relating to this phase of the audits. This report is nearing completion and it is expected to be published in late summer/early autumn.

There are currently no audits ongoing in other areas pending the agreement on the methodology for the further rollout of the process.

Youth Services

Michael Colreavy

Ceist:

39 Deputy Michael Colreavy asked the Minister for Children and Youth Affairs the number of times the international expert reference group and the task group established under the auspices of the National Youth Work Advisory Committee have each met to date; and if she will make a statement on the matter. [33227/12]

Michael Colreavy

Ceist:

57 Deputy Michael Colreavy asked the Minister for Children and Youth Affairs the reason that the timeframe for the national youth framework has slipped from 2012 to 2013 as stated in parliamentary question replies of 19 June 2012 and 13 March 2012; and if she will make a statement on the matter. [33226/12]

I propose to take Questions Nos. 39 and 57 together.

Work has commenced in my Department on an overarching Children's and Young People's Policy Framework. A public consultation on this Framework is underway at present. It is anticipated that the Children's and Young People's Policy Framework will be available in 2012. This will include a high level policy statement on youth.

It is my intention that the more detailed Youth Policy Framework will be completed in the light of the wider Children's and Young People's Policy Framework and in particular in the light of the public consultation underway at present as well as the expert and youth services providers' input. I am also keen to ensure that youth policy developments at European level during Ireland's Presidency of the EU Council of Youth Ministers in 2013 will inform Ireland's national policy for young people.

To further inform the process, my Department has commissioned a review of international best practice in the field of youth development and support and this will be available shortly. The findings from this review will be explored by practitioners and managers of young people's services, academics, researchers and others at a symposium on Youth Development Outcomes planned for later this month.

Two working groups — an International Expert Reference Group and a National Youth Work Advisory Committee Task Group — are assisting my Department in developing the Youth Policy Framework. The International Expert Reference Group has met on three occasions. The Task Group has met once and both groups have met together jointly on one occasion to coordinate expert and stakeholder input into the draft findings of the international review.

Child Protection

Sean Fleming

Ceist:

40 Deputy Sean Fleming asked the Minister for Children and Youth Affairs the date she received the most recent report of the special rapporteur on child protection; the reason that the report has not been published; when same will be laid before the Houses of the Oireachtas; and if she will make a statement on the matter. [33385/12]

The Report of the Special Rapporteur on Child Protection was received by my Department on the 7th of February this year. The report was distributed to relevant Ministerial colleagues for observations on the range of issues highlighted by the report. This consultation process has now been completed and my Department is currently finalising the necessary arrangements to have the report laid before both Houses of the Oireachtas.

Child Care Services

Aengus Ó Snodaigh

Ceist:

41 Deputy Aengus Ó Snodaigh asked the Minister for Children and Youth Affairs the number of children who received out of hours emergency care services through the Crisis Intervention Service each month since its establishment; the county in which they normally reside; the type and location of care placement that was found for them; and if she will make a statement on the matter. [33321/12]

Brian Stanley

Ceist:

53 Deputy Brian Stanley asked the Minister for Children and Youth Affairs the number of days each child who received out of hours emergency care services through the Crisis Intervention Service stayed in their crisis intervention placement; and if she will make a statement on the matter. [33322/12]

I propose to take Questions Nos. 41 and 53 together.

My Department has sought the information requested by the Deputy from the HSE. I will provide the information to the Deputy when it becomes available.

Foster Care

Dessie Ellis

Ceist:

42 Deputy Dessie Ellis asked the Minister for Children and Youth Affairs the cost of private foster care services used by the Health Service Executive during each of the past five years; the number of children placed in each of these settings during the past five years and to date in 2012; and if she will make a statement on the matter. [33324/12]

The HSE has advised me that 249 children were placed in private foster care at a cost of €6,727,698 in 2009, 304 children were placed in private foster care at a cost of €9,581,360 in 2010 and 360 children were placed in private foster care at a cost of €12,893,243 in 2011. The information requested for 2007 and 2008 is not available at this time.

While the HSE was unable to provide details of precise costings to date in 2012, it has advised me that there are currently 251 children in private foster care at a weekly cost of €342,265.

The private foster care company costs include the recruitment, assessment and training of the foster carer. The private company also provides the link worker (professional social worker) to provide support and supervision to the carer,ongoing training, and depending on the circumstances of the placement, support may be available on a 24 hour basis. The HSE generally utilise private foster care companies where children have a higher level of need including stepping down from high support placements.

Private foster companies provide services to separated children seeking asylum and to the emergency out of hours placement service.

The HSE retain the approval authority of the foster carer in all cases.

National Children’s Research Programme

Bernard J. Durkan

Ceist:

43 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which her Department has evaluated or identified issues affecting the psychological development of children with particular reference to isolating and addressing the most commonly identified contributing factors, if social or economic deprivation, health or environmental issues leading to a creation of feelings of failure with, in some cases, tragic consequences; if any particular strategy is regarded as appropriate or applicable in such circumstances; and if she will make a statement on the matter. [33256/12]

The type of research initiated through my Department's National Children's Research Programme and, in particular through the National Longitudinal Study of Children —Growing Up in Ireland — is providing us with a wealth of valuable data on all aspects of children’s development, including their psychological development.

Since 2006, Growing Up in Ireland has been following the development of almost 20,000 children in Ireland across two cohorts: an infant cohort recruited at nine-months; and a child cohort recruited at nine years. The infant cohort children (with their families) have been interviewed at 9 months, 3 years of age and further interviews are planned in 2013 when these children make the critical transition to primary schooling (at 5 years of age). The child cohort children (also with their families) have been interviewed at 9 and 13 years of age.

It is generally accepted that many causes of poor psychological outcomes in both adolescence and adulthood can be traced back to early childhood. By capturing data on these children in early childhood and following their development over time, we will have a better understanding how, why and when these children experience and/or overcome psychological difficulties.

A series of Growing Up in Ireland reports have already been published, one of which focuses specifically on children’s psychological development. This report shows that the majority of nine-year-olds in Ireland are developing well without any significant problems in this area of their lives. It also found that however, one in five nine-year-olds have been classified as showing significant levels of emotional or behavioural difficulties and that certain characteristics of the child (e.g. the presence of a chronic illness) and other factors (e.g. economic deprivation, maternal depression, neglectful parenting style and conflict in the home) make children more vulnerable than others. Clearly these data have the potential to inform policy and practice regarding children and their families thus ensuring that policies, services and interventions are targeted, practical and effective.

Question No. 44 answered with Question No. 28.

Children Detention Schools

Mick Wallace

Ceist:

45 Deputy Mick Wallace asked the Minister for Children and Youth Affairs the number of children currently detained at St. Patrick’s Institution, Dublin; her views on the need to introduce interim steps to transfer these 16 and 17 year olds out of that institution; and if she will make a statement on the matter. [33340/12]

On 2 April this year I announced a series of measures that set out a clear timetable to end the use of St. Patrick's Institution for the detention of under 18 year olds in the next 2 years and a number of intermediary steps that would support the commitment made in the Programme for Government in this regard. These included extending the children detention school model up to 16 year of age, an action made possible by reductions in recent demand for detention places and subsequent spare capacity within the existing children detention schools. I signed the necessary orders to bring this about and since 1 May 2012 any boy aged 16 years or less, newly remanded or committed, has been detained to a children detention school.

As the Deputy may be aware, my colleague the Minister for Justice and Equality, Mr. Alan Shatter TD, has the line responsibility for St. Patrick's Institution. In addition to the interim measures I have announced, I have been informed that the Irish Prison Service has instituted a programme of placing suitable under 18 year olds into the community under the supervision of the Probation Service, further reducing the demand for places in St. Patrick's Institution. I understand that it is intended to review the effectiveness of this programme towards the end of the year. As of 4 July 2012 I have been advised that there were 21 males aged 17 years and 1 male, who is completing a sentence, aged 16 years being detained in St. Patrick's Institution.

Also, it may interest the Deputy to know that I have, with the consent of my colleague Minister Shatter, signed the statutory instrument that has extended the remit of the Ombudsman for Children to include those children being detained in St. Patrick's Institution and that this has been in effect since 1 July 2012.

With these measures, I am satisfied that good progress is being made on Government policy on ending the use of St. Patrick's Institution.

Inter-Country Adoptions

Michael Moynihan

Ceist:

46 Deputy Michael Moynihan asked the Minister for Children and Youth Affairs the number of adoptions registered with the Adoption Authority of Ireland since its establishment to adopters who were issued with their declarations of eligibility and suitability; and if she will make a statement on the matter. [33380/12]

In 2011 a total of 188 adoptions were entered into in the Register of Inter-country Adoptions of which 21 were from countries who have ratified the Hague Convention on Protection of Children and Co-Operation in respect of Inter-country Adoption and 167 were from non-Hague countries. To date in the current year 69 adoptions were entered into the Register of Inter-country Adoptions of which 14 were from countries who have ratified Hague and 55 were from non-Hague countries.

The Adoption Authority of Ireland maintain statistics for the number of declarations of eligibility and suitability issued and for the number of adoptions entered in the Register of Inter-country Adoptions. These figures do not require correlation as the processes for completing adoptions can span several years due to various external factors such as considerable variation in the waiting times between the sending of an application pack and the actual completion of an adoption in sending countries, which can be as much as 3 years or more in some cases.

Accordingly, register entries can have been made by the AAI on foot of declarations of eligibility and suitability issued by its predecessor, The Adoption Board.

Court Proceedings

Brendan Smith

Ceist:

47 Deputy Brendan Smith asked the Minister for Children and Youth Affairs if she will bring forward legislation to change the in camera rule regarding the reporting of child protection and welfare cases; and if she will make a statement on the matter. [33366/12]

The Independent Child Death Review Group highlighted in its report what it considers to be the restrictive nature of the in camera rule and the fact that court proceedings relating to child welfare and protection cases are held in private. The Review Group called for a review of the operation of the rule.

I believe there is scope for more transparency in this area. We need to put in place a mechanism which will ensure that the learning from such cases is shared across the system in order to improve services, while continuing to protect minor's interests and maintain anonymity. This would also allow the public to gain some insight into how the child protection system operates.

With this in mind it is my intention to bring forward regulations to allow access to child welfare and protection proceedings for the purpose of reporting on such proceedings. I believe this can be achieved as long as it is approached sensitively and with due regard to the interests of those who are the subject of proceedings. I do not propose a full range of access to the media, but something more along the lines of Section 40 of the Civil Liability and Courts Act 2004, which gives access to a limited range of parties such as bona fide researchers and persons appointed by the Courts Service. The persons allowed to access the family courts under this provision can publish reports on the proceeding so long as the anonymity of the parties is maintained. The pioneering work of Dr Carol Coulter in reporting on family law matters provides an excellent template as to how to balance the right to privacy with the right to a fair, transparent and accountable system of justice.

The exact nature of the regulations, however, will be informed by consultations with my colleague the Minister for Justice and Equality and the Courts Service.

Independent Child Death Review Group

Mary Lou McDonald

Ceist:

48 Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs her plans for the independent child death review group; and if she will make a statement on the matter. [33335/12]

The work of the Independent Child Death Review Group was completed upon the production of its final draft report. I want to commend the authors for the professional and painstaking work they did to produce a report of such high quality. The Review Group was asked to present key details of each case where the individual died from unnatural causes, but to anonymise the report so that the identities of all those children and young adults who passed away were protected. Ms Gibbons and Dr. Shannon were more than equal to the challenge this presented.

It was my clear intention that the report would enter the public domain and inform debate and discussion about the level of State and other services being offered to children and young adults in need of intervention and/or assistance. The Review Group achieved this aim. By publishing the report the Government has demonstrated its commitment to transparency and honesty about the challenges in getting children's services right. Child protection remains a high priority on our agenda and changes at every level — policy, law, structures and individual practitioner — were happening during the period of the preparation of this report, and will continue to happen.

Many of the recommendations echo recommendations made in previous reports. My officials are preparing a single database of various report recommendations in order to streamline reporting to me on these matters. My officials are also preparing a detailed project plan for children's services reform. Actions not already part of change programme will be incorporated into that plan. It is my intention to bring regular progress reports on the reform programme to Government and the relevant Cabinet sub-committee.

Children and Family Services

Seán Crowe

Ceist:

49 Deputy Seán Crowe asked the Minister for Children and Youth Affairs the distinct budget that has been allocated to the management and reporting structure being put in place in children and family services; and if she will make a statement on the matter. [33336/12]

In preparation for the establishment of the new Child and Family Support Agency work is under way on disaggregating the Children and Families budget from within the overall HSE financial determination. This necessary work will be completed in the latter half of 2012 in preparation for the planned establishment of the new agency early in 2013. The 2012 budget provision for Children and Families in the HSE National Service Plan is €568 million across all services. A separate figure in respect of management and reporting is not described. The current reporting systems in the HSE are not designed in such a way as to readily facilitate the provision of national data relative to this area.

It is my intention and that of the National Director, Gordon Jeyes as the Chief Executive Officer designate for the new Agency, to ensure that there is full transparency with regard to the composition of the budget for the new Agency when established. I acknowledge the need for improvement and greater accountability in this area as part of our concerted efforts to strengthen the governance and organisational arrangements in respect of children and family services generally.

Governance arrangements for the new Agency will be further addressed in the report of the Task Force of the New Agency.

Children in Care

Pádraig Mac Lochlainn

Ceist:

50 Deputy Pádraig Mac Lochlainn asked the Minister for Children and Youth Affairs the number of children in care on 1 June 2012; the type of care setting they were in and the Health Service Executive area they were in; the number of children on that date who were known to the HSE child and family social workers but not in care; and if she will make a statement on the matter. [33329/12]

I have been advised by the HSE that at the end of May 2012, there were 6,282 children in care. The following is a breakdown by HSE Area and care settings

Residential and Foster Care

National

HSE DML

HSE DNE

HSE South

HSE West

No. of children in care by care type

6,282

1,567

1,483

1,884

1,348

Residential: Special Care

18

8

4

2

4

Residential:High Support

20

6

2

9

3

Residential: General Care

371

148

97

95

31

Foster Care

3,929

943

861

1,218

907

Foster Care with Relatives

1,795

427

478

515

375

Other Care placements

149

35

41

45

28

In relation to the number of children known to the HSE and social workers but not in care, I have been advised by the HSE that there were approximately 25,000 cases open to child welfare and protection services at the end of April 2011. All reports to child protection services are screened and an initial assessment is undertaken to determine whether a further more comprehensive assessment may be required and to enable a plan for continued intervention or support to be put in place. In 2010, there were 29,277 child protection reports received 16,452 of which related to welfare concerns. The remaining 12,825 related to neglect (4,755), sexual abuse (2,962) physical abuse (2,608), emotional abuse (2,500) and abuse was confirmed in 1,566 of these cases.

Child Protection

Martin Ferris

Ceist:

51 Deputy Martin Ferris asked the Minister for Children and Youth Affairs the average case-load for social workers working in child protective services; the number of those social workers employed in residential care settings; and if she will make a statement on the matter. [33332/12]

The HSE has advised that it does not apply a standardised number of cases per individual social worker. However, an indicative range would be in the region of 15-25 cases per social worker. Actual variations in caseloads are dependent on the complexities of the individual cases, and whether the cases are in relation to child protection or children in care. There is, in general, a higher intake of cases held by duty social workers.

The HSE through a document titled ‘The Induction of Social Workers: A Policy and Guidelines for Children and Families Social Services' provided guidance on the management of caseloads by recommending limited caseloads and supervision and support for newly qualified social workers. This induction policy is the subject of a review and evaluation. Furthermore, as part of the ongoing reform process, a methodology for workload management for all social work staff is also being developed within the HSE.

As regards residential care, most residential units are operated by social care staff, rather than by social workers. All children in care, including those in residential care, should be allocated a social worker. The HSE reported in May 2012 that 97.3% of children in residential care have an allocated social worker.

Child Protection

Bernard J. Durkan

Ceist:

52 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs if, arising from the number of reported incidents of child physical, sexual or other abuse, any particular lessons will be learned as to how best the relevant State institutions can become aware of the issues at a much earlier stage; if, arising from these experiences, she has in mind any particular structural changes in the area of child support services whereby it might be possible for the implementation of an early warning system thereby ensuring greater protection for children and young vulnerable adults in the future; and if she will make a statement on the matter. [33257/12]

The HSE's 2010 Review of Adequacy provided information on reported incidents of physical abuse, sexual abuse and neglect. Such information has informed learning about the impact of neglect, the benefits of early intervention, the serious impact of adult addiction on children's welfare and the issues that present for older teenagers with high risk behaviours, including suicide.

What is happening now in terms of the HSE's engagement with children and families is as follows:

there is a closer integration across family support, child protection, and child and adult mental heath services;

there is better integration of services and information;

there is a model of managing referrals to ensure rapid response to welfare as well as child protection concerns, known as the differential response model;

the Children First Guidance is being placed on a statutory footing;

improved services within the HSE's Children and Family Services are currently being implemented by the National Director, Mr. Gordon Jeyes, and his national team. This team includes new national posts for Quality Assurance (including implementing all recommendations from inspections and investigations) and national standardised operational systems.

A fundamental structural change is currently under way, which will see the establishment of a dedicated Child and Family Support Agency in 2013. This will radically change how services are delivered to children and families. I established the Task Force on the Child and Family Support Agency in September 2011 under the chairmanship of Ms Maureen Lynott. The Task Force has been examining the necessary transition programme to establish a Child and Family Support Agency, and is basing its work on best practice in child welfare, family support and public administration; consistent with the Government's public sector reform agenda.

I am also committed to a Constitutional referendum to strengthen children's rights.

Question No. 53 answered with Question No. 41.

Health Service Executive Reports

Brian Stanley

Ceist:

54 Deputy Brian Stanley asked the Minister for Children and Youth Affairs the date on which she will receive a copy of the Health Service Executive’s review of Adequacy of Services for Children and Families Report for 2011; the reason for the delay; if she has met with Health Service Executive management on this matter; and if any further action will be taken regarding this delay. [33323/12]

The Review of Adequacy of Services Report for Children and Families for 2009 and 2010 were laid before both Houses of the Oireachtas and published on the HSE's website, in June 2012. I am advised by the HSE that it is expects to submit the report for 2011 to me by the fourth quarter of this year.

Child Care Services

Gerry Adams

Ceist:

55 Deputy Gerry Adams asked the Minister for Children and Youth Affairs the percentage of the 2,343 applications made to the childcare capital programme 2012 that listed dampness problems or sewerage problems or sanitary and hygiene problems as reasons for the applications; and the number of these applications that were successful. [33327/12]

The maximum grant available was €50,000 (including VAT). The aim of the funding is to provide support to child care settings to address remedial, maintenance and renovation work, or to purchase equipment.

Following a robust appraisal, 290 applications were approved for funding. Unfortunately it is not possible to isolate the applications concerning the particular problems referred to in the Deputy's question without devoting a considerable amount of time and, in view of the significant amount of work involved in administering the programme, this would not be considered the best use of resources at this time. Pobal has, however, advised that funding for the issues referred to by the Deputy came under either the maintenance or renovation headings. The total figure approved was €6m and of this figure €3.8m was approved for applications that came under the heading of renovations which is 63.5% of total approvals and €0.7m was approved for applications that came under the heading of maintenance which is 11% of total approvals.

The successful applications were those that represented the most complete, coherent, precise and compelling cases for funding. The investment has been directed, to the greatest extent possible, to addressing the most urgent works, and supporting the quality of services making the greatest impact for disadvantaged children and communities.

Child Care Services

John Halligan

Ceist:

56 Deputy John Halligan asked the Minister for Children and Youth Affairs the reason a person (details supplied) in County Dublin has been excluded from school, has no respite and their father has no care at home for them; and if she will make a statement on the matter. [33338/12]

Richard Boyd Barrett

Ceist:

58 Deputy Richard Boyd Barrett asked the Minister for Children and Youth Affairs the reason a person (details supplied) in County Dublin has been excluded from school, has no respite and their father has no care at home for them. [33393/12]

I propose to take Questions Nos. 56 and 58 together.

I would like to advise the Deputy that the provision of education falls within the remit of the Minister for Education and Skills in accordance with the provisions of the Education Act, 1998.

With regard to the specific case raised by the Deputy, the Department of Education and Skills has advised that an appeal against a decision by the Board of Management of the school to exclude the young person in question was determined under Section 29 of the Education Act, 1998. It is understood that the appeal was not upheld and home tuition has been provided by the Department of Education and Skills pending the availability of a suitable educational placement.

I have been advised that the National Educational Welfare Board (NEWB), under the remit of my Department, has been working with the family over a period of time. The National Council for Special Education also has a role in this case. The NEWB has provided assistance to the family in the appeals process under the Education Act, 1998. An Education Welfare Officer of the Board continues to assist the family and efforts are continuing to access an appropriate educational placement at an early date as well as appropriate clinical services to support the young person in question.

Question No. 57 answered with Question No. 39.
Question No. 58 answered with Question No. 56.

Child Care Services

Denis Naughten

Ceist:

59 Deputy Denis Naughten asked the Minister for Children and Youth Affairs the plans, if any, she has to expand either community child care subvention programme or other child care supports; and if she will make a statement on the matter. [33229/12]

My Department currently administers three support programmes — the Community Childcare Subvention (CCS) programme, the Childcare Education and Training Support (CETS) programme and the Early Childhood Care and Education (ECCE) programme.

The Community Childcare Subvention (CCS) programme provides funding to community child care not-for-profit services to enable them to charge reduced child care rates to low income and disadvantaged families. Community child care services qualify for grant aid on the basis of the level of service they provide and the profile of the parents benefiting from their service. Because of the current budgetary situation no new applications, for entry into the CCS programme, by service providers are being considered at this time.

The Childcare Education and Training Support (CETS) programme was introduced in September 2010. The CETS programme provides free child care places in both community and commercial services to qualifying FÁS and Vocational Educational Committees (VECs) trainees and students. Again, due to the budgetary situation, no approvals for new child care places are currently being considered under this programme. In the region of €63 million is being provided in 2012 to support the CCS and CETS programmes.

The Early Childhood Care and Education (ECCE) programme provides one free pre-school year to all eligible children in the year before commencing primary school. Both community and commercial child care services are eligible to apply to participate in this programme. Due to demographic pressures, which mean that the number of children eligible for the programme will increase by some 3,000, the cost of the programme is expected to rise to almost €176 million in 2012, an increase of almost €10 million and this funding has been provided for. The ECCE programme will continue to be evaluated and developed as resources permit.

Future developments relating to early years care and education will be considered during preparation of the new National Early Years Strategy 2012.

Children and Family Services

Peadar Tóibín

Ceist:

60 Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs the details of evaluation that will take place of the two pilot projects providing out of hours social work assistance to children; and the timeframe during which this will take place. [33331/12]

Two out-of-hours pilot projects, one in Donegal and the other in Cork, were commenced by the HSE in 2011. The Donegal project started mid-year and the Cork project started in the third quarter. Both projects were internally evaluated by the HSE, which then commissioned an independent external assessment, undertaken by Trinity College Dublin. This external assessment has been completed and is now being examined by the HSE. The outcome of this assessment process will inform further decisions in the coming months on progression to a national out of hours service model. Clearly whatever model emerges will need to address the challenges of varying demographic demands in both rural and urban settings.

What is important is that children in crisis, no matter where they are, have access to 24 hour social work assistance, and this is what the HSE's National Director for Children and Family Services and I are working towards. It should be noted that at present the Health Service Executive provides out-of-hours emergency services for children at risk in the greater Dublin area through the Crisis Intervention Service, and outside the greater Dublin area through the Emergency Place of Safety Service.

The Crisis Intervention Service provides out-of-hours emergency social work assistance to young people aged under 18 years. The service operates across the greater Dublin area (Counties Dublin, Kildare and Wicklow). Referrals are made by service providers outside of normal working hours i.e. Gardai, hospital and ambulance service personnel. Outside the greater Dublin area, the HSE operates an Emergency Place of Safety Service whereby Gardai can access an emergency placement for children found to be at risk out-of-hours. This service involves the placement of a child in a family setting until the next working day, when the local social work service assumes responsibility for the case. As part of this service Gardai have access to advice and information from a non-HSE social work off-site resource which is provided on a contract basis.

Inter-Country Adoptions

Aengus Ó Snodaigh

Ceist:

61 Deputy Aengus Ó Snodaigh asked the Minister for Children and Youth Affairs the date in September 2012 on which she will sign a new inter-country adoption agreement with Vietnam; and the position regarding any ongoing negotiations with other states regarding inter-country adoption agreements. [33320/12]

Positive discussions recently took place between a visiting delegation of senior officials from the Socialist Republic of Vietnam and the Adoption Authority of Ireland. The discussions lead to finalisation on the contents of administrative arrangements for the resumption of adoptions between Ireland and Vietnam. I have invited the Vietnamese Minister for Justice, Mr. Ha Hung Cuong, to visit Ireland in September at which point I expect that the agreement setting out the administrative arrangements will be signed by the two Central Authorities.

The Adoption Authority has accredited two bodies to facilitate adoptions from Vietnam, ARC and Helping Hands. During their visit, the Vietnamese delegation met with both agencies and I am hopeful that the discussions the delegation held with these accredited bodies will assist future interactions. Details in relation to time frames and processes for adoptions from Vietnam should become clearer following the finalisation of the administrative arrangements by the two Central Authorities. The relevant information will be posted on the Authority's website as soon as it is available.

The Adoption Authority is working to establish administrative arrangements with a number of other Hague countries in relation to inter-country adoptions, as provided for under section 72 of the Adoption Act 2010. The Authority has travelled to a number of jurisdictions in order to make contact with the Central Authorities; advise of our processes and procedures, assess the need for additional administrative arrangements or agreements; and to glean as much information as possible of relevance to prospective adopters from those countries. The visits also provide opportunities to streamline processes on both sides and obtain up-to-date information for prospective adopters on developments in these countries. The most recent engagements by the AAI with its counterpart Central Authorities include:

A delegation from the Adoption Authority travelled to New Delhi, India, on 18th June 2012 to discuss adoption arrangements between the Adoption Authority and CARA, the Indian Central Authority. I understand the Authority is considering the report from this visit.

With the help of the Irish Embassy in Moscow, the AAI is continuing its approaches to its Kazahk counterparts on the issue of inter-country adoptions.

AAI delegations have made visits to the US to discuss issues in relation to inter-country adoptions. The Authority has advised that a Memo of Understanding relating to inter-country adoption between the US and Ireland has been drafted and transmitted to the US State Department in its role as the Central Authority.

The Adoption Authority has accredited Helping Hands for the purposes of adoption mediation with the Philippines and the Socialist Republic of Vietnam.

On the 12th of June the AAI announced the accreditation of ARC Adoption Ltd for the purposes of adoption mediation with the US.

Proposed Legislation

Jonathan O'Brien

Ceist:

62 Deputy Jonathan O’Brien asked the Minister for Children and Youth Affairs if she has had any discussions with the Department of Justice and Equality regarding the necessity for progressing the Children First Bill at the same time as progressing the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill 2012; and if she will make a statement on the matter. [33326/12]

In the first instance, I would like to make a clear distinction between the Criminal Justice (Withholding of Information) Bill and the draft Heads of the Children First Bill. These two Bills and the National Vetting Bureau Bill are part of a suite of complementary legislative proposals to strengthen child protection.

The focus of the Withholding Bill is on the responsibility of all citizens to provide information to the Gardaí where they have knowledge of a serious sexual crime against a child, in the investigation and prosecution of that crime. The proposed Children First legislation focusses on the protection of individual children about whom a report is made and other children who may be at risk from an alleged perpetrator of abuse. Its aim is to make organisations safe places, and to ensure that key people in authority in these organisations, and named professionals report to and co-operate with the HSE information about abuse and serious neglect.

Given the close link between the legislative programmes of my Department and the Department of Justice and Equality I have regular contact with my colleague Minister Shatter in this regard. In addition, officials from my Department have been meeting and working closely with colleagues in the Department of Justice and Equality to ensure both pieces of legislation are well aligned and complementary. Minister Shatter and I have also worked closely to ensure our communications regarding both pieces of legislation are clear. This process will continue.

Last week I received the Report of the Joint Committee on Health and Children on the draft Heads of Bill for Children First. My consideration of the Report and any changes to the Heads of Bill is ongoing. My officials will continue to liaise closely with counterparts in the Department of Justice and Equality as both pieces of legislation move through the legislative process.

Child Protection

Mary Lou McDonald

Ceist:

63 Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs the position regarding the establishment of the national child care information system; and if she will make a statement on the matter. [33334/12]

Since taking office last year, it has been evident to me that there is a particular need to improve the quality and accuracy of information available from the HSE in relation to child protection services, together with a need to provide more timely and meaningful information. The introduction of the National Child Care Information System will help to greatly improve performance in this area. I am pleased to advise the Deputy that good progress is being made by the HSE with regard to the introduction of this system. An Invitation to Tender (ITT) was issued in January of this year and responses from potential suppliers were received in March. An NCCIS evaluation team in the HSE has had meetings with all of the suppliers who responded and attended at demonstrations of proposed child care ICT systems and or prototypes. The evaluation team is currently completing its assessment of the tenders and will, on completion, recommend a preferred supplier. This process is expected to be complete in the very near future.

The NCCIS will be the central system supporting Social Work services. As a social work case management system, it will be used to record and store the case history of every child and other clients of the service. Management information will be derived automatically from the case management system. The aim of the NCCIS project is to identify and procure an easy to use technology solution to support this type of case recording and to automatically provide management information. A first step was to develop agreed and consistent definitions and business processes across all social work offices. In this regard, a national standardised business process has been rolled out nationally. This will ensure that definitions used are consistent, for example to ensure the number of recorded referrals relates to individual children and not families. I am confident that the process being led by Gordon Jeyes, the HSE National Director of Children and Families Services will deliver the information needed.

The introduction of the NCCIS is a high priority and will help to significantly improve the level, quality and accessibility of information in respect of Children and Family Services.

Departmental Funding

Paudie Coffey

Ceist:

64 Deputy Paudie Coffey asked the Taoiseach if he will provide a list in tabular form of every quango and non-governmental organisation that received any moneys from his Department in the years 2009, 2010 and 2011; and if he will make a statement on the matter. [33049/12]

In response to the Deputy's question the following table lists bodies which received moneys from my Department in the period in question.

List of bodies who received funding in period 2009 to 2011

Year

Quango or non governmental organisation in receipt of Funding from the Department of Finance

2009

International Association for Research in Income and Wealth (IARIW)*

Irish Economic Association*

Credit Union Advisory Committee

2010

International Association for Research in Income and Wealth (IARIW)*

Irish Economic Association*

Credit Union Advisory Committee

2011

International Association for Research in Income and Wealth (IARIW)*

Irish Economic Association*

Statistical and Social Inquiry Society of Ireland*

Irish Fiscal Advisory Council

Credit Union Advisory Committee

Commission on Credit Unions

*The Department pays a subscription fee to each of these bodies which supports economic research in Ireland.

CSO Quarterly Accounts

Pearse Doherty

Ceist:

65 Deputy Pearse Doherty asked the Taoiseach the reason the Central Statistics Office has not yet released the national accounts for the first quarter of 2012; and if he will confirm when this information will be released. [33150/12]

As indicated in the Weekly Release Calendar for 9th-13th July which was published on the CSO website on Thursday 5th July the Quarterly National Accounts Results for Q1 2012 will be published on Thursday 12th July.

On average the publication time lag for the quarterly national accounts is 82 days after the end of the relevant quarter. However, on this occasion the release will be delayed by a further 21 days because of the introduction of the Nace Rev. 2 classification of economic activity. The implementation of the new classification proved quite demanding as it is significantly different from its predecessor (Nace Rev. 1.1). The decision to reclassify the national accounts back to 1995 in both current and constant prices also added to the delay.

Departmental Staff

Simon Harris

Ceist:

66 Deputy Simon Harris asked the Taoiseach the procedures in place to manage sick leave in all agencies, offices or other bodies reporting to his Department, separate to individuals working directly for his Department; the combined number of sick days taken by staff in the agencies, offices or other bodies reporting to his Department in 2011 and to date in 2012; the financial cost of this sick leave; and if he will make a statement on the matter. [33028/12]

Simon Harris

Ceist:

69 Deputy Simon Harris asked the Taoiseach the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33117/12]

I propose to take Questions Nos. 66 and 69 together.

The National Economic and Social Development Office (NESDO) is the only agency under the aegis of my Department. NESDO operates a comprehensive sick leave policy which is outlined in its Policy and Procedures Guidelines. These Guidelines were agreed by both staff and management and approved by the NESDO board, and are reviewed on an annual basis. NESDO's sick leave policy outlines the responsibilities of both staff and management in the management of sick leave. Among the requirements are review meetings ( where individual staff member's pattern of sick leave is examined and discussed with the staff member concerned), return to work meetings (to facilitate a staff member's transition back to work after an instance of long-term certified sick leave), resumption of work forms, and disciplinary measures where sick leave abuse occurs. NESDO's Performance Management and Development System (PMDS) also offers an opportunity for the manager to discuss with a staff member instances where attendance patterns impact on the individual's performance.

NESDO fully complies with the requirements set out in Circular 9/2010.

The information sought by the Deputy in relation to the number of sick leave days in 2011 for NESDO is contained in the following tabular statement.

Number of Sick Leave Days in 2011

Number of Staff

More than 5

4

More than 10

1

More than 15

0

More than 20

0

More than 21

0

The length of the ten highest absences in 2011 was as follows: 12, 9, 7, 6, 5.5, 5, 4, 3, 2 and 1 days.

The combined number of sick leave days taken by staff in 2011 and to date in 2012 is 76.5 and 36 respectively. While no direct costs were incurred (by the employment of substitute staff or additional overtime), the salary cost of this sick leave in 2011 and to date in 2012 is approximately €15,200 and €7,200 respectively.

Prompt Payments

Olivia Mitchell

Ceist:

67 Deputy Olivia Mitchell asked the Taoiseach the average time lapse between receipt of invoices for goods and services and actual payment in his Department and in each agency and organisation within his remit; and if he will make a statement on the matter. [33029/12]

The average time for processing of invoices by my Department from January to June this year was 9.72 working days and 5 working days for the National Economic and Social Development Office.

Departmental Staff

Sean Fleming

Ceist:

68 Deputy Sean Fleming asked the Taoiseach in respect of 2011 the best estimate for 2012 of the number of persons in the following salary ranges; the total cost of the increments in respect of persons in each of these salary ranges: less than €40,000, €40,001-€50,000, €50,001-€60,000, €60,001-€70,000, €70,001-€80,000, €80,001-€90,000, €90,001-€100,000, and more than €100,001; and if he will make a statement on the matter. [33030/12]

Details are set out in the following table:

Salary Bands

Number of Staff in Salary Band

Estimated 2012 Cost of Increment

More than €100,001

11

€3,500

€90,001-€100,000

7

€5,819

€80,001-€90,000

19

€15,627

€70,001-€80,000

18

€6,364

€60,001-€70,000

5

€6,753

€50,001-€60,000

33

€14,617

€40,001-€50,000

41

€30,647

Less than €40,000

74

€37,934

Question No. 69 answered with Question No. 66.

Departmental Staff

Tom Fleming

Ceist:

70 Deputy Tom Fleming asked the Taoiseach the number of the over 9,000 persons from the public service who have retired over the past six months with high tax-free lump sum payments in many cases and substantial pensions that have been re-hired on contract; if these persons are now being paid on the double by the State, that is, their pension and the salary they are receiving under the new contracts; and if he will make a statement on the matter. [33132/12]

No public servants who retired in the past six months have been re-hired by my Department on contract or otherwise.

Consular Services

Dessie Ellis

Ceist:

71 Deputy Dessie Ellis asked the Tánaiste and Minister for Foreign Affairs and Trade if he will appoint a liaison officer to work with the Spanish police and the family of a person (details supplied) in order to improve the current investigation into the person’s disappearance. [33451/12]

Dessie Ellis

Ceist:

72 Deputy Dessie Ellis asked the Tánaiste and Minister for Foreign Affairs and Trade if he will express to the Spanish authorities his wish that they do not shelve the missing person’s case of a person (details supplied). [33452/12]

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

My Department has provided extensive consular assistance to the named person's family since her disappearance in 2008 and continues to liaise with the relevant authorities on their behalf.

The police investigation case remains operational and when Embassy officials met with the Judicial Police in Malaga last month they were advised that while the judicial case — a separate question from the status of the police investigation — has been archived, it has not been closed and can be "unarchived" at any time should further information emerge.

The police have assured the Embassy that they have followed up every possible lead, including in recent weeks, and continue to cross-check new cases for any potential links with Amy's disappearance. The police remain at the disposal of the family and of the Embassy.

Proposed Legislation

Gerry Adams

Ceist:

73 Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade the current status of the European Communities (Amendment) Bill 2012; and when all Stages of the Bill will be passed. [33034/12]

The European Stability Bill 2012 passed all stages in the Dáil on 20th June and all stages in the Seanad on the 27th June 2012. The European Stability Mechanism Act 2012 (No. 20 of 2012) was signed into law by President Higgins on the 3rd day of July, 2012.

Consular Services

Finian McGrath

Ceist:

74 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update on a case (details supplied). [33089/12]

Maureen O'Sullivan

Ceist:

76 Deputy Maureen O’Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will ontact the Greek authorities in relation to the request for an urgent appeal in respect of persons (details supplied) where documents proving the absence of one of the men from Crete at the time of the offences are continually being ignored; and if he will do his utmost to ensure the appeal is conducted in a manner that is within EU law. [33169/12]

I propose to take Questions Nos. 74 and 76 together.

I am aware of the situation concerning the two men referred to by the Deputies. As neither of them is an Irish citizen it is not possible for my Department to offer them consular assistance. The Greek authorities are under no legal obligation to assist our Embassy with any requests made in connection with this case, as we have no locus standi in the matter. However, on hearing of their detention, and notwithstanding the fact that neither is a citizen of Ireland, the Irish Embassy in Athens made contact with the Greek police in an effort to convey the Irish Government’s interest in this case on the basis that he is married to an Irish citizen. It was made clear to our Embassy that the authorities in Crete would not provide them with any information regarding this case as no Irish citizen was involved.

To clarify further, the Embassy has certain rights of communication and contact with Irish citizens in Greece to facilitate the exercise of our consular functions under the Vienna Convention on Consular Relations (1963). This Embassy has no such rights for other persons, even if they are related to Irish citizens.

Departmental Staff

Simon Harris

Ceist:

75 Deputy Simon Harris asked the Tánaiste and Minister for Foreign Affairs and Trade the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33111/12]

There are no State agencies, offices or bodies under the aegis of my Department.

Question No. 76 answered with Question No. 74.

Human Rights Issues

Joanna Tuffy

Ceist:

77 Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade if he has raised with the appropriate authorities the situation regarding a person (details supplied); and if he will make a statement on the matter. [33188/12]

Pádraig Mac Lochlainn

Ceist:

78 Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the case of a person (details supplied); and if he will endorse the requests of human rights activists. [33285/12]

Aengus Ó Snodaigh

Ceist:

82 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the deteriorating situation of Palestinian prisoners being held in Israeli prisons; and if he has raised this matter with the Israeli authorities; and if he will intervene with them in the case of a person (details supplied). [33348/12]

I propose to take Questions Nos. 77, 78 and 82 together.

In my replies to earlier Questions about Palestinian hunger strikes, I made clear my continuing concern for Mr. Akram Rikhawi, who was continuing with his protest. He has been on hunger strike now for over 80 days. Although he was for much of this period taking mineral and vitamin supplements, he is believed now to be only taking water, and is in a critical condition. There are reports that he may be periodically blacking out, although he remains in control of his actions.

I had hoped that Mr. Rikhawi's protest could be satisfactorily resolved along the same lines as earlier protests, but this has not proven to be the case so far. I continue to call on both parties to actively consider pragmatic solutions which can avoid a tragic outcome. The Irish Ambassador has conveyed my concerns about this case directly to the Israeli authorities at a senior level, following up on earlier messages, and has also been in contact with the ICRC. Our Representative Office in Ramallah has been in contact with NGOs working with the prisoners and with Mr. Rakhimi's lawyers. The EU has also conveyed its concerns at Head of Mission level.

Prisoner Releases

Aengus Ó Snodaigh

Ceist:

79 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Foreign Affairs and Trade the steps he will take to demand that the British authorities release a person (details supplied) forthwith in line with the commitments in view of his and other participants in the talks at the time of the signing of the Weston Park Agreement in relation to on-the-runs. [33315/12]

The various measures included in the package agreed at Weston Park in August 2001 addressed four issues to assist in the successful implementation of the Good Friday Agreement: policing, normalisation, the stability of the institutions and decommissioning. Proposed draft legislation by the British Government to deal with this specific issue as referred to in paragraph 20 of the Weston Park accord was formally withdrawn by the then Secretary of State for Northern Ireland, Peter Hain MP, on 11 January 2006. The draft legislation, the Northern Ireland (Offences) Bill, had been opposed by the majority of the Northern Ireland Assembly parties and the Secretary of State was compelled to withdraw the legislation when the only supporting party, Sinn Féin, could not accept certain aspects of the proposed legislation. The Government remains committed to the full implementation of the Good Friday Agreement.

On the particular issue of securing early release for Mr. McGeough, the prisoner in question initiated legal proceedings to secure an early release and judgment on this has been passed. On 8 July 2011, Mr. McGeough was granted leave to seek a judicial review in an attempt to obtain a Royal Prerogative of Mercy. Mr. McGeough's legal team argued that because he had been previously jailed abroad, the Royal Prerogative of Mercy should be granted to ensure equal treatment with others who benefited from it. On 2 March 2012, the High Court ruled this argument untenable. Officials from my Department continue to monitor developments very closely.

Prisoner Releases

Aengus Ó Snodaigh

Ceist:

80 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the condition of a prisoner (details supplied) and the need for the British Government to release them forthwith in line with the royal pardon they had been issued, or the fact that they would also qualify under the terms and conditions of the Good Friday Agreement for the release of prisoners and further that on humanitarian grounds they should not be incarcerated any longer; and if he will make a statement on the matter. [33316/12]

Richard Boyd Barrett

Ceist:

99 Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade if he intends to raise the deteriorating health of Marion Price, who is being held without trial in prison in the North, with political leaders during his next visit to the North; and if he will make a statement on the matter. [29470/12]

I propose to take Questions Nos. 80 and 99 together.

I have discussed this case with the Secretary of State on a number of occasions, most recently on 27 April. I have been assured that the process which has led to the prisoner's detention fully adhered to the law and that advice was sought from an independent body to verify that this action was pursued in a correct manner. The NIO has confirmed that a Royal Prerogative of Mercy was given to the prisoner on 30 April 1980 but that this pardon was only granted in respect of a sentence of twenty years for conspiracy to cause an explosion and was not granted in relation to the sentence of two terms of life imprisonment related to the Old Bailey bombing. On 22 February this contention was upheld by the Parole Commission which ruled that the prisoner is subject to life licence in respect to the two life sentences.

I understand that the prisoner's legal representatives are currently exploring the further legal avenues available to the prisoner to appeal this decision. I have also raised concerns surrounding the health of the prisoner with the relevant authorities. The prisoner has been moved to the medical wing of Hydebank Prison and more recently to hospital for medical treatment. My officials are in regular contact with the authorities in Northern Ireland, relevant MLAs, human rights NGOs and others closely following this case. I will continue to raise my concern as appropriate with the relevant authorities.

Treatment of Prisoners

Aengus Ó Snodaigh

Ceist:

81 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the protests by prisoners in Maghaberry Jail, County Antrim and the effect it would have on the ongoing peace process if the situation further deteriorates due to the lack of action and the need for him to intervene with the authorities to ensure that their grievances are resolved and prisoners are held in decent, safe and humane conditions. [33317/12]

The issue of prisons within Northern Ireland is a devolved matter to the Northern Ireland Executive and, specifically, to the Department of Justice in Northern Ireland and the Northern Ireland Prison Service. Arising from the Hillsborough Agreement of February 2010, Dame Ann Owers and the Prison Review Team undertook a review of the prison system. In October 2011 their report made forty recommendations on prison reform in Northern Ireland. Minister for Justice Ford has underlined his commitment to full implementation of the recommendations and has described the prison reform process as "unstoppable". I had an opportunity to discuss the reform process with him at our most recent meeting on 20th April. Implementation of the Owers Report remains the most effective way to ensure that prison conditions in Northern Ireland meet the required standard.

Where allegations arise in relation to conditions in Maghaberry Prison, or any other prisons in Northern Ireland, which affect an Irish citizen, the Government continues to raise the matter with the relevant authorities. The Government is of the view that the full implementation of all of the recommendations of the Owers Report remains the most effective way to ensure that conditions within all prisons in Northern Ireland are of an acceptable standard.

Question No. 82 answered with question No. 77.

Human Rights Issues

Patrick Nulty

Ceist:

83 Deputy Patrick Nulty asked the Tánaiste and Minister for Foreign Affairs and Trade if he will make contact with the Ukrainian ambassador to Ireland with relation to Law 8711 which may undermine the human rights of the lesbian, gay, bisexual and transgender community in the Ukraine; and if he will make a statement on the matter. [33418/12]

I understand that the Ukrainian Parliament has discussed draft legislation which could ban activities which allegedly promote homosexuality. As the Deputy will be aware, I am on record as having expressed concern about any legislation that could result in further stigmatisation, and even criminalisation, of lesbian, gay, bisexual or transgender people. In relation to this issue, I will ensure that the concerns of the Government are relayed to the Ukrainian authorities.

The Government is strongly committed to combating discrimination on grounds of sexual orientation or gender identity. We believe that consensual, same-sex relationships between consenting adults should not be criminalised and supports measures to ensure that the right to freedom of expression and association can be enjoyed effectively by all people. Discriminatory legal or administrative provisions, which curtail the rights of lesbian, gay, bisexual and transgender people are not acceptable. In our international relations, Ireland strongly supports the promotion and protection of the human rights of all persons, irrespective of their sexual orientation and gender identity. On Friday, 17 June 2011, a historic resolution on Human Rights, Sexual Orientation and Gender Identity was adopted at the 17th session of the UN Human Rights Council in Geneva. Ireland co-sponsored the resolution. This was the first time a UN resolution explicitly acknowledged human rights protection as covering sexual orientation and demonstrates the increasing commitment across the broader international community to the promotion and protection of the human rights of all persons, irrespective of their sexual orientation and gender identity. Ireland also participated in a panel at the 19th session of the UN Human Rights Council on the report prepared as mandated by this resolution. Ireland will continue to engage actively with this issue at the Human Rights Council.

Fiscal Compact Treaty

Thomas P. Broughan

Ceist:

84 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade if he expects any significant changes to the Treaty on Stability, Coordination and Governance in the context of the election of President Hollande; and if he will make a statement on the matter. [26281/12]

I do not expect any changes to be made to the Treaty on Stability, Coordination and Governance as a result of the election of President Francois Hollande. Both before and after his election, President Hollande made clear his wish to see the Treaty complemented by an agenda for Growth and Jobs at European level, an approach the Government Strongly supported.

At its meeting on 28/29 July, the European Council adopted a ‘Compact for Growth and Jobs' which contains an ambitious programme of actions to be taken at national and European levels in order to increase investment and to stimulate growth. Ensuring its full implementation will be an important task in the period ahead.

Paramilitary Groups

Micheál Martin

Ceist:

85 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he intends to meet groups in Derry who are concerned about the activities of RAAD; if he intends to discuss these concerns on his forthcoming visit to Northern Ireland; and if he will make a statement on the matter. [26509/12]

Micheál Martin

Ceist:

86 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade his views regarding the illegal activities by RAAD in Derry; if he has discussed this at the North-South Ministerial Council meetings; and if he will make a statement on the matter. [26508/12]

Micheál Martin

Ceist:

87 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade his views regarding the recent bomb threats in the North of Ireland; if he has discussed these with the First Minister; and if he will make a statement on the matter. [26235/12]

I propose to take Questions Nos. 85 to 87, inclusive, together.

The peace process and the Good Friday Agreement have resulted in a transformation of society in Northern Ireland, perhaps most visibly in the normalisation of daily life and the dramatic decrease in terrorist-related incidents and violence. There remains, however, a threat from paramilitary groups who continue to assert their determination to impose a return to conflict on the people of Ireland. RAAD has claimed responsibility for the murder of one young man in Buncrana earlier this year and for a grim series of shootings and mutilations of young people in Derry. It is clear that these people enjoy no popular support within the community, as evidenced by the unequivocal response by the people of Derry who have publically protested against those who seek to impose their will on the community through violence.

Strong deep cooperation between the Garda Síochána and the Police Service of Northern Ireland is doing much to counter such individuals and groups. The number of arrests in connection with paramilitary activity made in both jurisdictions continues to be significant. The Gardaí and the PSNI will continue to cooperate very closely to combat such activity on both sides of the border. Justice and security matters are not among the six Areas of Co-Operation on which common policies and approaches are discussed and agreed in the North South Ministerial Council. It is however, a matter of close ongoing cooperation between the Government, the Northern Ireland Assembly and the British authorities. The Joint Statement by the Taoiseach and Prime Minister Cameron on British Irish relations in March this year underlined the determination of both governments to support reconciliation and prosperity in Northern Ireland. I reviewed progress in this area with Secretary of State Owen Patterson today and will have an opportunity to do so again when I meet with the Secretary of State, the First Minister and the Deputy First Minister next week.

EU Presidency

Micheál Martin

Ceist:

88 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade the policy areas his Department will be prioritising for the six months that Ireland holds the EU Presidency; and if he will make a statement on the matter. [26236/12]

Getting the European economy back on track by improving the European Union's global competitiveness, promoting economic growth and creating jobs will be the central theme of Ireland's EU Presidency. Peace, security and development, within an open and transparent rules bound system are essential for sustainable growth and job creation and my Department will focus on a range of key policy areas during our Presidency in support of our overall objectives. Among the areas that will require priority attention are:

Active support for the High Representative of the European Union for Foreign Affairs and Security Policy and the European External Action Service (EEAS) to promote effectiveness and coherence in the EU's response to current foreign policy and security challenges. It is likely that the Middle East and Iran, North Africa and other issues in Africa and elsewhere will require priority attention within the EU's Common Foreign and Security Policy (CFSP) during the Irish semester.

We will promote greater coherence in EU external policies, including at the UN and in other multilateral fora. Our priorities within the CFSP will include the promotion and protection of human rights and helping to shape the EU's position on disarmament and non-proliferation. We will work to enhance the role of the EU at the UN on human rights issues; we will also help to implement a political declaration and action plan expected under the EU Human Rights Strategy. Key areas of work in the disarmament and non-proliferation field include preparation for the Non-Proliferation Treaty review process and a major chemical weapons conference in April 2013.

We will contribute to the development of the EU's Common Security and Defence Policy, taking full account of Ireland's interests and building on the experience of Ireland's 2012 Chairmanship of the OSCE in the areas of conflict prevention and resolution.

The Irish Presidency will actively support the work of the EU's permanent President of the European Council and the High Representative to strengthen the EU's relations with its strategic partners. We will support growth and employment for the EU and its partners through enhanced political engagement underpinned by strengthened commercial relations. Coordination among EU Members States and with the EU institutions on the EU's Summits and Ministerial level meetings with the US, Russia and Latin America will be an integral aspect of the Irish Presidency's work in this regard.

We will support the implementation of the incentive-based approach of the European Neighbourhood Policy. This is aimed at promoting democratic reforms and strengthening economic development in the countries to the East and South of the Union.

We will promote the integrity and universality of the International Criminal Court (ICC), encourage further ratification of the Rome Statute of the ICC and seek to ensure that those indicted by the Court are brought to justice.

The Irish Presidency will engage in targeted efforts to reinforce and improve the EU's civil protection instruments.

Issues on the enlargement agenda arising during our Presidency will be shaped by progress made in the accession negotiations in the interim. It can be expected, nonetheless, that we will continue oversight of the accession negotiations with Iceland, Turkey and Montenegro. It is expected also that Croatia will accede to the European Union on 1 July 2013.

As Presidency in the lead up to the Millennium Development Goals (MDG) Review Summit in September 2013 we will highlight areas to be considered as part of the post-2015 framework such as: human rights; equity / inclusiveness; climate change and sustainable development; economic growth and employment; agriculture and industrial development; governance, fragile states and vulnerability; and security-related issues.

We will seek to address the linkages between hunger, nutrition and climate justice by ensuring that these linkages are adequately reflected in the new international development goals post-2015. We will oversee also the EU's input to the UN General Assembly's reporting and assessment of the state of the marine environment.

The Irish Presidency will champion greater links between humanitarian relief and development aid. Drawing on lessons from the Horn of Africa emergency in 2011 and input from our partners in the field, we will explore the practical application of these principles and showcase examples of best practice. We will place particular emphasis on the EU's approach to disaster risk reduction. We will progress the implementation of the European Consensus on Humanitarian Aid and work to develop new and innovative ways in which to ensure that the common set of humanitarian principles and commitments can be put into practice.

We must also be prepared to ensure that we are in a position to respond in an appropriate way to a range of issues that may emerge. Ireland has won a high reputation on six previous occasions for maintaining its flexibility and for managing an efficient, effective and impartial presidency, with clearly defined, realistic and achievable goals. In the post-Lisbon institutional framework, it will be even more important to work closely with partners and with all the institutions of the Union. We will seek to ensure that in the year which marks the 40th anniversary of our accession, the people of Ireland can continue to be proud of our contribution to the European Union.

Undocumented Irish

Micheál Martin

Ceist:

89 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he has discussed the issue of the undocumented Irish in the USA with dignitaries that he has met recently; and if he will make a statement on the matter. [30549/12]

The welfare of the Irish abroad is a very important priority for the Government. There are particular concerns in the United States where addressing the position of the undocumented Irish and reforming our migration arrangements are priorities for the Government in its contacts with the US Administration and Congress. The Government's keen interest in a resolution of the situation for undocumented Irish migrants is well recognised and accepted by our friends within US Administration and Congress. Their advice to us remains that comprehensive reform of the US immigration system and procedures is likely to be the only manner by which this can be achieved.

With a view to helping some positive momentum around immigration issues insofar as they relate to Ireland, enabling Irish people to apply for E-3 temporary U.S. work visas has been a particular focus of our efforts. If passed this would make 10,500 E-3 visas available to Irish citizens each year. During my visit to Washington in February this year, I reviewed progress on E-3 issues during meetings with Senators Leahy, Brown and Schumer and with the Friends of Ireland group in the House of Representatives and with Deputy Secretary of State Bill Burns. I also discussed prospects for progress with the Congressional Delegation led by leader Nancy Pelosi in Dublin in March.

During his recent visit to Washington, the Taoiseach raised immigration with President Obama and with Senators Leahy, Brown and Schumer and the Friends of Ireland Group. In June, I spoke again with Senators Leahy and Brown to reiterate the importance the Government attaches to this issue and our support for their efforts to make progress. Most recently, I raised the subject with Senator Pat Toomey of Pennsylvania during his visit to Ireland on 2 July. On 15 June, President Obama made an announcement in relation to the specific category of young illegal immigrants brought to the United States as children and measures to exempt them from deportation and to be granted temporary work permits. It is too early to determine what effect, if any, this will have on the overall immigration debate.

While I am heartened by the advances that have been made so far towards bi-partisan consensus in the US Senate towards enabling Irish people to apply for E-3 visas, I am conscious that passing any immigration-related legislation in an election year in the US presents very significant challenges. Through our Embassy in Washington, the Government will continue to work closely with all relevant actors, including 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.

North-South Ministerial Council

Micheál Martin

Ceist:

90 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade the actions being taken in relation to issues discussed at the North-South Ministerial Council; and if he will make a statement on the matter. [30548/12]

The North South Ministerial Council (NSMC) meets in three formats: Plenary, Institutional and Sectoral. To date in 2012 there have been 16 Sectoral meetings, an Institutional meeting on 27 April and a Plenary meeting on 15 June. The next Institutional meeting is planned for the early autumn and the next Plenary is scheduled for 2 November 2012. At the meeting in Plenary format at Farmleigh on 15 June discussions covered a wide range of issues including the economic challenges faced in both jurisdictions, the impact of the euro-zone crisis, bank restructuring and lending and NAMA. The meeting reviewed progress across a range of areas of North-South co-operation, including the work of the North-South bodies, particularly as they relate to fostering economic recovery on the island. Ministers re-iterated their commitment to practical cooperation on these issues, and to exploring areas where cost savings might be achieved.

We discussed the opportunities for co-operation in exploiting the trade opportunities in developing markets. The benefits from maximising the potential of major tourism events including ‘The Gathering' were noted. We welcomed continuing collaboration on innovation supported by the European Union and noted the successful all-island "Collaborate to Innovate" Conference on European research and innovation funding for SMEs which took place on 7 June 2012 in Belfast and which was addressed by EU Commissioner Máire Geoghegan Quinn. We also discussed the challenges and priorities for the upcoming Irish EU Presidency in 2013, and explored the potential for co-operative actions during the Presidency, including meetings of senior officials, the hosting of EU events in both jurisdictions and the inclusion of EU matters as an Agenda item at relevant NSMC sectoral meetings.

The Decade of Commemorations and the importance of ensuring that all commemorative events are respectful and inclusive was also discussed.

We welcomed continued progress on business planning for the establishment of the Radiotherapy Unit at Altnagelvin in Derry which will benefit patients on both sides of the border. Work on this important facility is planned to commence in 2013 and the Unit should be operational in 2016. The very successful North/South conference on alcohol misuse which was held in Armagh earlier this year was also welcomed.

The importance of co-operation on Third Level Education was discussed, taking account of the likely increase in student mobility between the two jurisdictions and of continuing collaborative action between third level institutions to assist with cost savings and on research and development.

We discussed progress to date on the A5 and A8 road projects, noted that the government remains committed to the completion of the A5 and approved a funding and implementation plan for the A5 project to the end of 2016 based on existing financial commitments.

We agreed to finalise deliberations on the North South Consultative Forum at the next NSMC Plenary meeting, and welcomed recent progress in establishing the North-South Parliamentary Forum.

We also discussed the North West Gateway Initiative, welcoming the progress that has been made on a range of projects. I expect that we will meet with the relevant Ministers, before the next NSMC Institutional meeting, to ensure that the measures to be taken forward through the Initiative are effectively delivered through the work of their Departments.

Elements of the St Andrews Agreement Review were advanced at the meeting. In regard to the Review's first Term of Reference, Ministers endorsed the recommendations concerning the various North South Bodies that had been agreed at sectoral meetings. Work is progressing on a review of the financial memoranda of the North/South bodies. In relation to shared services, work has commenced on exploring the potential for realising efficiency savings within the Bodies, and a report will be submitted to the NSMC in the autumn. The First Minister, deputy First Minister, Taoiseach and I will reflect and consult on Terms of Reference Two and Three of the St Andrews Review, which include the case for additional areas of co-operation within the NSMC, with a view to decisions being taken on these at the November 2012 Plenary meeting. We will continue to work with our Northern colleagues in the NSMC to ensure that additional opportunities to engage cooperatively in areas where there is scope for joint action are identified to the maximum extent possible.

European Council Meetings

Micheál Martin

Ceist:

91 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to a study carried out by the Department of Political Science and Centre for European Research in the University of Gothenberg, Sweden, in relation to attendance by member states at EU ministerial meetings; and if he will make a statement on the matter. [30551/12]

The Swedish research paper referred to by the Deputy is a useful historical document covering Ministerial attendance across all Member States at EU Council meetings between 2000 and 2010. This shows that Ireland was ranked 5th during the 2000 to 2010 period. However, this has been significantly improved upon by the current Government. In 2011 Ireland rose to 2nd overall in terms of Ministerial attendance at Councils, including outperforming France and Germany. This is contained in the ‘Accountability Report 2011' published last April by European Movement Ireland. This showed that Ireland had an overall Ministerial attendance rate of 86%, with Ministers attending 61 out of 71 Councils that took place from 9th March to end December 2011. This was an almost 10% increase on the attendance level by Ministers of the previous Government when Ministers only attended 63 out of a total of 82 Council meetings held in 2010, and of the 9 Council meetings held between January and 9 March 2011, Ireland was represented at Ministerial level on only one occasion, at Ecofin in February 2011 by the late Brian Lenihan TD, Minister for Finance. I am happy to record that there has been a 100% attendance record by Ministers at the 39 Council meetings held during the recent Danish EU Presidency.

Humanitarian Access

Thomas P. Broughan

Ceist:

92 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade the action that has been taken at EU and UN level to ensure there is humanitarian access for affected civilians in the region of South Korodofan and the Nuba Mountains in Sudan; if he will report on Irish Aid assistance to Sudan and South Sudan; and if he will make a statement on the matter. [33533/12]

The Government remains seriously concerned about the situation in Sudan and South Sudan. We are working with our EU partners to ensure that, in addition to a focus on the political and security situation, priority is given by the international community to the vital issue of humanitarian access to people and communities affected by the conflict and the tension in the region. We will continue to use all available opportunities, within the EU and internationally, to raise these issues.

The situation in Sudan and South Sudan, including the humanitarian crisis in Southern Kordofan, has been discussed by EU Foreign Ministers at their meetings over recent weeks and months. In January, with Ireland's encouragement, the EU urged the Government of Sudan to allow safe and unhindered access for international humanitarian workers to all civilians, and reiterated its readiness to provide humanitarian assistance. The EU also emphasised that the ongoing conflicts in Southern Kordofan, Blue Nile and Darfur remain obstacles to the provision of the full range of support we would like to provide to Sudan, and in the region. In April, the EU called on the Government of Sudan and the Sudan People's Liberation Movement North (SPLM-N) to engage in an inclusive political process to resolve the ongoing conflict.

The UN Security Council on 2 May and 17 May adopted Resolutions demanding that both Sudan and South Sudan fulfil their obligations under international law to allow access by humanitarian agencies to civilian populations in need of assistance.

Since the adoption of the UN Security Council Resolutions, there has reportedly been some calming of the tensions between Khartoum and Juba. However, the issue of humanitarian access has remained unclear, despite continuing pressure from the EU and other parties. On 27 June, the Sudanese Government finally approved a Tripartite Proposal by the African Union, the Arab League and the United Nations for the delivery of humanitarian assistance to civilians in the areas held by the SPLM-N. This nine point agreement provides for the right to humanitarian assistance to the Sudanese affected by the conflict in the Blue Nile and South Kordofan without discrimination and the immediate cessation of hostilities in the region. It also includes a joint plan between the Sudanese Government and the UN to deliver humanitarian relief to those in need in both states.

We are in contact with a range of parties on the ground, but unfortunately there is no clarity yet as to whether the new deal on humanisation access is actually being implemented. I very much share the concerns expressed by the UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Valerie Amos, who has called for urgent access to all of the communities affected by the conflict. It is vital that neutral, impartial, independent and experienced humanitarian workers can reach these people to assess their needs and to immediately deliver the assistance necessary for their survival.

The Government has provided substantial assistance for those affected by the conflict in this region. Earlier this year, I approved an allocation of €2 million for the UN-managed Common Humanitarian Funds for both the Republic of Sudan and South Sudan. On 24 May, in recognition of deterioration in the humanitarian situation I announced a further funding allocation of €3m. These funds are being provided to help UN agencies and NGOs target the most critical humanitarian needs across both countries, including in areas affected by conflict and by displacement of populations from the Blue Nile and South Kordofan areas. In addition, almost €1.5 million in assistance has been allocated to a number of key Irish NGO partners, including Goal, Trócaire and World Vision for programmes in Sudan and South Sudan under the annual Irish Aid Humanitarian Programme Planning funding scheme.

We will continue to monitor closely the situation in South Kordofan, Blue Nile, and other affected areas of both countries. Together with other EU Member States, we will continue to press for unrestricted humanitarian access to affected civilians. We also stand ready to provide further assistance to our partner agencies as needs are identified on the ground.

Overseas Development Aid

Thomas P. Broughan

Ceist:

93 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding the review of the 2006 White Paper on Irish Aid and the timeline for completion and publication of the review; and if he will make a statement on the matter. [33534/12]

The 2006 White Paper on Irish Aid set out clearly the basis and priorities for Ireland's official aid programme, which is working on behalf of the Irish people to improve the lives of the world's poorest people. The programme has been recognised internationally for its focus on poverty and hunger, especially in sub-Saharan Africa, and for its leadership in making aid more effective.

The Review of the White Paper on Irish Aid is one of the commitments contained in the Programme for Government. We wanted to carry out such a Review to examine the progress being made in our aid programme, to assess the changed context, globally and here at home, and to set out our future priorities.

A very vibrant public consultation was undertaken for the Review between February and April of this year, which was overseen by the independent Irish Aid Expert Advisory Group. We met over 1,000 people across Ireland and in our partner countries, and received 165 written submissions. We also undertook consultation across Government Departments and in the Houses of the Oireachtas. It was encouraging to see so many Members of the Oireachtas participate in these consultations. In particular I would like to acknowledge the written responses that we received from the Joint Committee on Foreign Affairs and Trade, the Joint Committee on European Union Affairs, and others.

The contributions made during the consultation period are now being examined carefully and work is beginning on the Report on the Review of the White Paper. I intend that the Report and its recommendations will be submitted to Cabinet for approval in October, and that it will then be published.

Consular Services

Dessie Ellis

Ceist:

94 Deputy Dessie Ellis asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the situation in which Irish citizens studying with pilot training college Ireland have become stranded in Florida, USA following the untimely termination of the college’s contract with Florida Information Technology College; and if he will make a statement on the matter. [33541/12]

I wish to assure the Deputy that my Department is very aware of the appalling situation in which these students have found themselves and we are in regular communication with the students in Florida and their families in Ireland through our Consulate in Atlanta and our Consular Division here in Dublin. Ireland's Consul General in Atlanta, Paul Gleeson, travelled to Florida on Thursday and met with the affected students to offer support and any available consular assistance. As in all such cases, we will continue to monitor developments closely and to provide all appropriate consular assistance, including by helping to relay messages to family in Ireland and by providing emergency travel documentation where the need arises.

Overseas Development Aid

Anthony Lawlor

Ceist:

95 Deputy Anthony Lawlor asked the Tánaiste and Minister for Foreign Affairs and Trade if Irish Aid currently has a programme for population planning in aid recipient countries; if so, where; if not, the reason therefor; and if he will make a statement on the matter. [33544/12]

As we know from our own history, population growth is an enormously complex, multi-dimensional issue. The challenges posed by a rapidly expanding world population need to be addressed by tackling the root causes of that expansion. In poor countries, extreme poverty, food insecurity, inequality, high death rates and high birth rates are all linked in a vicious cycle. Irish Aid, Ireland's official development aid programme, is focused on dealing with these challenges and breaking that cycle.

Investing in health, particularly sexual and reproductive health, and in education for women and girls is fundamental.Women and girls who have at least completed primary school have fewer children. Women who can access information on family planning options and safe, effective and affordable contraception use it to plan their family size in a way that maximises their own potential and that of their children.Providing women with access to reproductive health care also has a transformative effect on women's vulnerability to poverty, hunger and economic and social discrimination. The Government's aid programme, administered by Irish Aid in the Department of Foreign Affairs and Trade, aims to address the root causes of poverty.Rapid population growth alone is not the cause of poverty. The situation is more complex:poverty actually drives high population growth. Irish Aid responds to this challenge through our work in our priority countries and through our engagement with the multilateral system. In 2010, for instance, through Irish Aid, the Government provided €145 million in support to the health and education sectors in our nine partner countries and through global level partnerships. Since 2006, we have provided almost €30 million to the United Nations Population Fund (UNFPA) to support better reproductive health services for women in the developing world.

In 2011, as a member of UNFPA's Executive Board, Ireland worked to develop strategies and programmes that reach the poorest and most vulnerable women and allow them to make real choices over their lives.We have recently joined the international Partnership for Maternal, Neonatal and Child Health which promotes access to family planning.

Ireland's aid programme is strongly focused on sub-Saharan Africa, where the challenge of population growth is acute. In Ethiopia, our support for the Health Extension Programme has seen impressive growth in the uptake of contraception in rural areas. In both Tanzania and Mozambique, Irish support for the health sector has contributed to better delivery of district level reproductive health care. In Lesotho, in partnership with the Clinton Health Access Initiative, we have contributed to improved access to family planning by women living in very remote mountain villages. The international community has made real progress on many important development goals in the last ten years.School enrolment and child health have improved, child deaths have been reduced and access to clean water and sanitation has been expanded. With just three years remaining for the achievement of the Millennium Development Goals we are committed to helping repeat this level of progress in the area of reproductive health.

Diplomatic Representation

Thomas P. Broughan

Ceist:

96 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade if he is reviewing the provision of diplomatic and consular services and full embassies to states who have closed their embassies here in recent months; the process for deciding in which states full diplomatic services are assigned; and if he will make a statement on the matter. [33655/12]

Ireland had 56 Embassies, 7 multilateral missions and 10 Consulates General and other offices overseas. In addition to their country of primary accreditation, many Ambassadors are also accredited to additional countries on a non-resident basis. There are also 94 Honorary Consuls located in 54 locations around the world which assist primarily with consular functions on behalf of my Department. Our Missions abroad are actively involved in representing and advancing Government policies with other States and in international organisations, in particular the EU and the UN; economic and cultural promotion; providing frontline consular and passport services to Irish citizens overseas; engaging with Irish communities and harnessing the resource they offer in assisting economic recovery; and managing programmes, particularly in Irish Aid priority countries.

Our Embassy network works very closely with the State Agencies which have a remit for the promotion of Irish trade, tourism and inward investment — Enterprise Ireland, Bord Bia, Tourism Ireland and IDA Ireland — and other relevant Departments in assisting Irish producers to find and access new markets.

The scale and presence of the Irish diplomatic network is a matter that is kept under ongoing review in the light of changing circumstances and needs. Given the current budgetary situation, and recognising the role that our diplomatic network is playing in Ireland's economic recovery, any further adjustments to our diplomatic network will continue to be strategically focused.

While any reduction in the number of Embassies in Dublin is to be regretted, it is a matter for each State to make decisions on where it deploys its diplomatic network. Likewise, for Ireland, we will continue to make our own decisions on where we have a Mission on the basis of an assessment of what best serves the interests of the State and our people.

Human Rights Issues

Thomas P. Broughan

Ceist:

97 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the status of Camp Ashraf and Camp Liberty in Iraq; the steps being taken at UN and EU level to protect the safety of Iranian refugees at both camps; and if he will make a statement on the matter. [33656/12]

In December 2011 the UN Office of the High Commissioner for Refugees and the Government of Iraq agreed a process for the closure of Camp Ashraf in Iraq, whose terms were accepted by the camp residents. This process began in February, under the supervision of the UNHCR and the UN Special Representative Martin Kobler. Of the 3,400 residents in Camp Ashraf, about 2,000 have now transferred to Camp Hurriya near Baghdad. This is designated as a Temporary Transit Location from which the residents will move on to permanent accommodation in other countries, which both the residents and the Iraqi authorities now agree is the desired solution. The transfer process to Camp Hurriya is a difficult one, with great distrust and suspicion between the two sides.

In Camp Hurriya, the UNHCR is processing the individual residents and determining where best to relocate them. The UNHCR is encouraging countries to make places available for those residents who do not already have an entitlement to resettlement elsewhere.

The protection and human rights of the residents during this process are concerns for Ireland, its EU partners and the wider international community. The EU has enunciated a series of essential principles in relation to Camp Ashraf and its residents:

1. Iraq is once again a fully sovereign state, no longer under the tutelage of either the US or the UN. It has sovereignty over the camps, and is within its rights in seeking to move Camp Ashraf away from the Iranian border.

2. Equally, however, this means that the Government of Iraq is responsible for the safety and humane treatment of the residents.

3. There must be no question of forced return of any residents to Iran — and the Iraqi authorities have accepted this.

4. The process under the UNHCR is the agreed — and only — means of resolving the situation of Camp Ashraf, and should be adhered to.

In relation to the living conditions in Camp Hurriya, I call on the Iraqi authorities to allow all reasonable provision for the safety and comfort of the residents, including the transfer of personal property from Camp Ashraf. In doing so, we recognize that it is the judgement of the UNHCR that Camp Hurriya is of an acceptable standard to accommodate refugees. The precise status of this camp is a matter for the UNHCR and the Iraqi authorities.

Economic and Monetary Union

Micheál Martin

Ceist:

98 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade his views on a two tier Europe with an increase in fiscal and political union described by Chancellor Merkel; and if he will make a statement on the matter. [28972/12]

The question of the future direction of the European Union is, of course, a matter for all 27 Member States. For its part, the Government has expressed its strong view that any future arrangements must avoid fragmentation of the Union and that maintaining the integrity of the Single Market is a matter of the highest importance.

At the European Council meeting on 28/29 June, President Van Rompuy presented his report "Towards a Genuine Economic and Monetary Union" to the Heads of State and Government. He identified four ‘building blocks':

an integrated financial framework;

an integrated budgetary framework with commensurate steps towards common debt issuance;

an integrated economic policy framework; and

strengthened democratic legitimacy and accountability.

President Van Rompuy has now been invited to develop these ideas, in close cooperation with the Presidents of the Commission, ECB and Eurogroup, and to come forward with a specific and time-bound roadmap for the achievement of a genuine economic and monetary union.

He will examine what can be done within the current Treaties and which measures would require Treaty change. He will make an interim report in October and a final report before the end of December 2012.

Ireland has a very strong national interest in a robust and stable currency, in a strong and coherent European Union, and the Government looks forward to engaging with President Van Rompuy in this important work over the period ahead.

Question No. 99 answered with Question No. 80.

Legislative Programme

Gerry Adams

Ceist:

100 Deputy Gerry Adams asked the Minister for Finance the current status of the European Stability Mechanism Bill 2012; and when all Stages of the Bills will be passed. [33034/12]

The European Stability Bill 2012 passed all stages in the Dáil on 20 June and all stages in the Seanad on the 27 June 2012.

The European Stability Mechanism Act 2012 (No. 20 of 2012) was signed into law by President Higgins on the 3rd day of July, 2012.

Customs and Excise

Michelle Mulherin

Ceist:

101 Deputy Michelle Mulherin asked the Minister for Finance the protocol and requirements that exist for small airports for customs and excise inspectors upon the landing of unscheduled flights at these airports; and if he will make a statement on the matter. [33041/12]

I am advised by the Revenue Commissioners that the terms and conditions of approval of airports by the Revenue Commissioners, as a place for the arrival of aircraft from outside the State, requires the operator/proprietor/licensee of each airport to notify Customs of all arrivals and to maintain a record of all such arrivals. In general, customs controls at small airports are risk-based and carried out by mobile Revenue staff. In the event of an unscheduled landing by a flight from abroad, the person in charge of the airport is required to report to Customs giving details of the landing, the pilot, the registration of the aircraft, whether there are goods or passengers on board, place from where the aircraft came and is destined, whether the landing was a forced landing outside the control of the pilot and whether the pilot expects to be able to continue the flight. This information is used for risk assessment by Customs and will determine what action is necessary.

It is important to note by way of context that the operating environment for Customs has been shaped to a significant degree by the Internal Market and the related principles of freedom of movement within the EU. Of specific relevance are the abolition of routine and systemic Customs checks on goods and passengers moving within any part of the EU and the elimination of Customs controls on the baggage of intra-Community passengers other than for anti-smuggling checks. This is particularly relevant in the case of the smaller airports outside of Dublin, Cork and Shannon where passenger traffic is predominantly intra-Community. In fact some of the smaller airports have no international flights at all. In this context, Revenue's approach has of necessity been to balance the freedom of movement principle in regard to people and goods with the need to control smuggling and enforce prohibitions and restrictions.

Customs and Excise

Michelle Mulherin

Ceist:

102 Deputy Michelle Mulherin asked the Minister for Finance the number of unscheduled flights into Ireland West Airport, Knock, County Sligo and Galway Airport in the past three years in respect of which customs and excise were not notified; and if he will make a statement on the matter. [33042/12]

I am advised by the Revenue Commissioners that arrangements have been in place for some time, between the operators/ proprietors/licensees at the airports in question and the Revenue Customs Service, to ensure that all unscheduled flights arriving into these airports are notified to Customs. These arrangements are working well and the Commissioners are satisfied, insofar as possible, that all unscheduled flights have been properly notified. All aircraft arrivals at Ireland West Airport Knock, Sligo and Galway are monitored on an ongoing basis and, based on risk analysis, profiling, review of intelligence and other factors, a decision is made on whether Customs inspection is deemed necessary. Passengers and crew from all aircraft, including private aircraft, entering the State are subject to the same checks, including individual profiling, physical inspection/examination by Customs, and screening by a drug detector dog.

The risk of smuggling (including drug smuggling) using unscheduled flights is fully appreciated by Revenue and is the subject of continuous assessment and risk analysis. Each airport is the subject of a formal risk assessment process that has regard to the nature of the facility, traffic frequency, routes, national and international seizure trends, specific intelligence and other risk indicators. Traffic with origins and destinations with a high-risk rating attract particular interest. The level of assessed risk at each location then informs the frequency of physical inspections. This approach is similar to that employed throughout the EU, is in keeping with recognised best practice and represents the most effective deployment of scarce resources.

Finally, it should be noted that the terms and conditions of approval of each of the airports in question by the Revenue Commissioners, as a place for the arrival of aircraft from outside the State, require the operator/proprietor/licensee of each airport to notify Customs of all arrivals and to maintain a record of all such arrivals.

Disabled Drivers

John Paul Phelan

Ceist:

103 Deputy John Paul Phelan asked the Minister for Finance if there has been changes recent to the URT rebate on vehicles purchased by the families of disabled people; and if he will make a statement on the matter. [33172/12]

John Paul Phelan

Ceist:

104 Deputy John Paul Phelan asked the Minister for Finance if the fuel and motor tax rebates for vehicles of families with disabled children have been abolished; and if he will make a statement on the matter. [33173/12]

John Paul Phelan

Ceist:

105 Deputy John Paul Phelan asked the Minister for Finance if there are any rebates on URT and VAT for the purchase of MPVs or buses for the purpose of transporting children with spina bifida; and if he will make a statement on the matter. [33174/12]

I propose to take Questions Nos. 103 to 105, inclusive, together.

I am advised by the Revenue Commissioners that Statutory Instrument (S.I.) 353/1994 Disabled Driver and Disabled Passenger Regulations outline the provisions under which certain vehicles may qualify for relief from VRT and VAT when used for the transportation of disabled passengers.

Regulation 2 of the above mentioned S.I. outlines a "qualifying organisation" and Regulation 3 outlines the medical grounds under which a disabled person may be assessed.

Regulations 16 and 17 outline the provisions under which fuel rebates and motor tax remissions are allowed.

There have been no recent changes to the provisions of S.I. 353/1994.

However, I have also been informed by the Revenue Commissioners that it has come to their attention that occasions have arisen where relief from VRT and VAT on a vehicle was allowed to organisations which are primarily funded by the State. As the provisions of S.I. 353/1994 do not apply to such organisations, procedures were put in place to ensure that relief for the payment of VRT and VAT is only allowed on vehicles purchased by "qualifying organisations" as provided for in legislation.

In addition it was also brought to the Commissioners' attention that relief of the residual VRT was allowed to qualifying individuals on the purchase of used vehicles in the State where no VRT was paid in the first instance, e.g. on the purchase of a used vehicle by a qualifying individual where the relief was granted to an earlier owner of the vehicle who had previously qualified for the relief.

Consequently procedures were put in place to ensure that relief for the payment of VRT and VAT will only be allowed to qualifying persons or organisations in situations where the person or organisation has borne or paid VAT, VRT or residual VRT in respect of a vehicle or in respect of the adaptation of a vehicle. If the VRT on a vehicle has been fully refunded at an earlier date under the scheme, there is no residual VRT available to be refunded on a subsequent sale to a second qualifying person and this should be reflected in the price of vehicle at the time of resale.

VAT Rates

Olivia Mitchell

Ceist:

106 Deputy Mary Mitchell O’Connor asked the Minister for Finance his views on the current VAT rate on fruit juices, bottled water, and smoothies is appropriate at 23%; and if he will make a statement on the matter. [33280/12]

All fruit juices, soft drinks, bottled water and smoothies are subject to the standard VAT rate, currently 23%. The standard rate is the VAT rate applied to such products in the majority of EU Member States. Prior to 1992 bottled waters and fruit juices had applied at the zero rate, but were made subject to the standard rate from 1 November 1992 in order to correct a competitive anomaly, as similar competing products such as soft drinks were standard rated. The change in the VAT treatment coincided with the removal of excise duty from bottled water. Where a product was zero rated prior to 1 January 1991 but subsequently standard rated, it is not possible to reintroduce the zero rate for that product. However, under Annex III of the EU VAT Directive, Member States are permitted to apply a reduced rate of not less than 5% to soft drinks, bottled water and fruit juices. It would therefore be possible to apply our reduced rate of 9% or 13.5% to these drinks. However, a reduction in the rate of VAT on such products would be costly to the Exchequer and I have no plans to reduce the rate of VAT on bottled water, fruit juices or smoothies.

Tax Reliefs

Dominic Hannigan

Ceist:

107 Deputy Dominic Hannigan asked the Minister for Finance if there are any tax breaks available for small businesses to send their employees on part-time courses to help them support and improve their business; and if he will make a statement on the matter. [33552/12]

In general, all companies are entitled to claim a deduction for costs wholly and exclusively incurred for the purposes of the trade. There are a number of statutory prohibitions on deductions and these are set out in Section 81, Taxes Consolidation Act 1997. In addition, a deduction in respect of entertainment expenses is expressly forbidden. Where the cost of a training course is reimbursed to a staff member, the Revenue Commissioners will normally allow a deduction to the employer on the basis that the cost is incurred wholly and exclusively for the purposes of the trade — from the company's point of view such a cost would normally be included as part of its staff costs for the year. Tax relief is also available under Section 473A of the Taxes Consolidation Act 1997, subject to certain conditions and thresholds, at the standard rate of income tax (20%), for qualifying fees paid by an individual in respect of a third level education course including part-time and postgraduate courses. An individual can claim tax relief on fees paid by him/her in respect of an approved third level course pursued by him/her and on fees paid by him/her in respect of an approved course pursued by other individuals.

Section 476 of the Taxes Consolidation Act 1997, also provides tax relief for fees paid by individuals for training courses in the areas of information technology and foreign languages. The training courses, which can be up to two years duration, must be approved by FÁS. The tax relief, which is at the standard rate of tax, is available for fees of up to €1,270, subject to a minimum amount of €315. To qualify for the relief, the individual must receive a certificate of competence on completion of the course.

Departmental Properties

Seán Kyne

Ceist:

108 Deputy Seán Kyne asked the Minister for Finance the schedule for the vacating of the Central Bank of Ireland on Dame Street, Dublin; and if members of the public will be afforded the opportunity to contribute suggestions on the future possible uses for this building. [33639/12]

I would advise the Deputy that I have no function in the matter of accommodation arrangements at the Central Bank and that the matter has not been discussed at Cabinet.

I understand from the Central Bank that based on current construction programme projections and planning time lines, it is expected that the Central Bank would occupy the new building on the North Quays by the second quarter of 2015.

The Bank has stated on a previous occasion that any relocation of its headquarters may involve the retention of some activities in its building on Dame Street for a number of years in any event, as the relocation would not take place quickly.

Tax Code

Stephen S. Donnelly

Ceist:

109 Deputy Stephen S. Donnelly asked the Minister for Finance further to Parliamentary Question No. 40 of 20 June 2012, if he will instruct or request his officials, or the Revenue Commissioners, to prepare an analysis of the estimated net cost to the Exchequer of making child care tax deductible, using the data on the cost of child care from the review of the cost of a full-day child care placement published by the National Children’s Nurseries Association in 2007, adjusted as appropriate or comparable research, and data on the numbers of families using childcare from the report A Social Portrait of Children in Ireland, published by the Office for Social Inclusion in 2007, adjusted as appropriate or comparable research, in order to compensate for the fact that the Revenue does not capture data on the overall net cost of child care. [33024/12]

Stephen S. Donnelly

Ceist:

110 Deputy Stephen S. Donnelly asked the Minister for Finance further to Parliamentary Question No. 40 of 20 June 2012, if, in the case that he is not in a position to have such analysis prepared within the Department or the Revenue, he will release funding in order to allow me to commission such analysis from independent experts in the field. [33025/12]

I propose to take Questions Nos. 109 and 110 together.

I understand that comprehensive analysis of the options to support the provision of affordable and accessible childcare was undertaken in 2005.

Having considered the options available, the then Government introduced the early childcare supplement, providing a direct payment to all families with young children. In addition, certain other incentives were introduced in order to encourage an increase in the supply of childcare places.

At that time, tax relief for childcare costs was considered but not introduced, as it would only have been of benefit to those in the tax net and would most likely have been absorbed by childcare providers in the form of higher prices. Analysis showed that a standard rated childcare costs allowance of €4,000 per annum would cost the Exchequer €64 million per annum and would have resulted in a reduced liability to income tax of only €15 per week for those availing of it.

The Deputy will be aware that the early childcare supplement has since been abolished as the measure was very costly, poorly targeted and possibly led to increased charges. In its stead, the Early Childhood Care and Education (ECCE) programme, which provides for a free pre-school year for children in the year before commencing primary school, was introduced.

In my view the concerns raised in the 2005 analysis regarding tax relief for childcare costs are still valid. This is particularly the case considering the major changes in the economy that have occurred in the intervening period. Furthermore, I would have concerns about basing any analysis of the cost of making childcare tax deductible on data provided in reports that were compiled five years ago.

To allocate already stretched resources to complete the analysis requested would not, in my view, be an efficient use of these resources. This is especially the case where it is likely that the cost of such a tax relief would be prohibitive for the State at the current time. Furthermore, I am not in a position to release funding to you for the commissioning of such an analysis. Requests for expenditure might be more appropriately addressed to the Minister for Public Expenditure and Reform.

Departmental Funding

Paudie Coffey

Ceist:

111 Deputy Paudie Coffey asked the Minister for Finance if he will provide a list in tabular form of every quango and non-governmental organisation that received any moneys from his Department in the years 2009, 2010 and 2011; and if he will make a statement on the matter. [33049/12]

In response to the Deputy's question the following table lists bodies which received monies from my Department in the period in question.

List of bodies who received funding in period 2009 to 2011

Year

Quango or non governmental organization in receipt of Funding from the Department of Finance

2009

International Association for Research in Income and Wealth (IARIW)*

Irish Economic Association*

Credit Union Advisory Committee

2010

International Association for Research in Income and Wealth (IARIW)*

Irish Economic Association*

Credit Union Advisory Committee

2011

International Association for Research in Income and Wealth (IARIW)*

Irish Economic Association*

Statistical and Social Inquiry Society of Ireland*

Irish Fiscal Advisory Council

Credit Union Advisory Committee

Commission on Credit Unions

*The Department pays a subscription fee to each of these bodies which supports economic research in Ireland.

Bank Debt Restructuring

Peter Mathews

Ceist:

112 Deputy Peter Mathews asked the Minister for Finance the amount of subordinated debt in Irish banks when Ireland entered the EU-IMF programme at the end of 2010; the amount of subordinated debt that was redeemed in full since this date; the amount of burden sharing that was forced on subordinated debt holders since this date; and if he will make a statement on the matter. [33068/12]

Unfortunately, it has not been possible to get the information from the covered institutions in the timeframe allowed by the Question. I will write to the Deputy in the near future with information provided by the institutions.

Banking Sector Regulation

Patrick Nulty

Ceist:

113 Deputy Patrick Nulty asked the Minister for Finance if there is a possibility that banks operating in here have attempted to manipulate inter-bank lending rates, along the lines that Barclay’s PLC in London, England, have been found to have attempted to rig the London inter-bank offered rate, Libor, and euro inter-bank offered rate, Euribor; if he will take steps to investigate this issue; and if he will make a statement on the matter. [33095/12]

Michael McGrath

Ceist:

132 Deputy Michael McGrath asked the Minister for Finance if the London Interbank Offered Rate scandal at Barclay’s Bank in the UK has any implications for the Irish Government, the National Treasury Management Agency or any financial entities operating here; and if he will make a statement on the matter. [33569/12]

I propose to take Questions Nos. 113 and 132 together.

Libor is an average interest rate compiled by the British Bankers Association (BBA) based on estimates provided by a number of banks of what they would be charged if borrowing from other banks. Along with Euribor, it is a benchmark for interest rates around the world. Additionally Libor and Euribor are commonly used as reference rates for interest rate swaps and other derivative instruments. The integrity of these benchmark reference rates is of fundamental importance to international financial markets.

Barclays Bank has been fined by the UK Financial Services Authority, the US Commodity Futures Trading Commission and the US Department of Justice for attempted manipulation of Libor and Euribor rates. A number of international investigations are ongoing, including one by the European Commission, and the British Bankers Association is currently undertaking a review of the way Libor is set and is expected to publish its findings shortly.

Allied Irish Bank and Bank of Ireland are members of the panel of 43 European banks which contribute quotes for the setting of Euribor but are not involved in the setting of LIBOR, the London Interbank Offered Rate.

I am informed by the NTMA that both NTMA and NAMA have substantial portfolios of derivative products, some of which use Libor (or Euribor) as the reference rates. However, much of that exposure is reduced by netting. The NTMA will continue to monitor the situation in order to asses any potential impact on the Exchequer.

I am informed by the Central Bank that this event may have had a very limited impact for some of the financial entities operating here, on account of the widespread usage of LIBOR as a reference price by most banks, including those in Ireland. Thus far the Central Bank has not received any complaints from the regulated banks nor have there been any issues raised with the Central Bank on this issue. In the course of its normal regulatory engagement with the banks it will raise this topic as appropriate.

Banking Operations

Ciara Conway

Ceist:

114 Deputy Ciara Conway asked the Minister for Finance if he will provide an update on his Department's and the Central Bank interactions to date with Ulster Bank in view of the continuing crises; the measures the regulator and Central Bank of Ireland are taking to help resolve the situation; and if he will make a statement on the matter. [33096/12]

I am fully aware of the negative impact that Ulster Bank's technical problems are having on the bank's personal and business banking customers throughout the country. This issue has been ongoing for far too long at this stage and the Bank is fully aware of my position in terms of the need to have the matter resolved as a priority. The Central Bank is closely monitoring the situation to ensure that it is resolved as quickly as possible. In that respect, the Central Bank has officials on the ground in Ulster Bank to ensure that immediate priority is given to the backlog issue and ensuring that all customers accounts are brought up to date as soon as possible. The Central Bank has also indicted that they will be putting in place a full restitution regime for all persons that have been impacted and that it will work with the Irish Credit Bureau to ensure that customer ratings are not impacted.

The current focus is to get all transactions processed and following that Ulster Bank has said that they will commence the process of refunding customers for any interest or fees and charges that have occurred as a result of this incident. I was pleased to note that the Bank has given a commitment that no customer would be out of pocket arising from the disruption caused by the problems at the Bank.

Departmental Staff

Simon Harris

Ceist:

115 Deputy Simon Harris asked the Minister for Finance the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33110/12]

There were a total of 29 NTMA employees across all its business areas including NAMA who took greater than 5 days sick leave in 2011.

Greater than 5 days — 17 employees

Greater than 10 days — 4 employees

Greater than 15 days — 4 employees

Greater than 20 days — 4 employees

I am informed by the Revenue Commissioners that they are not in a position to provide a detailed reply on this matter within the timeframe for answering Parliamentary Questions. Accordingly, the Deputy will be contacted directly on this issue at an early date.

Banking Sector Regulation

Pearse Doherty

Ceist:

116 Deputy Pearse Doherty asked the Minister for Finance if he will set out the position of the credit institutions over which the State has total or majority control, towards persons declaring bankruptcy in other jurisdictions. [33151/12]

AIB:

I am advised that the incidences of persons declaring bankruptcy in other jurisdictions are uncommon for AIB. Notwithstanding this, AIB considers each action on a case by case basis and will adopt an approach which best protects AIB's financial and legal position as it seeks to recover outstanding amounts owed regardless of the jurisdiction involved.

PTSB:

I am advised that PTSB also adopt an approach to best protect the Bank's right to seek repayment of all outstanding debt in a fair and equitable manner regardless of the jurisdiction involved.

IBRC:

I am advised by IBRC that the approach of the Bank is to work constructively with each borrower on an individual basis to identify the most appropriate loan repayment plan. IBRC takes a very serious view of borrowers seeking bankruptcy in other jurisdictions as a means of circumventing the repayment of monies owed to the Bank. Where necessary, and as has occurred previously, the Bank will pursue borrowers to ensure bankruptcy is declared in what it deems to be the correct jurisdiction, with the ultimate goal of maximising recovery of loans for the Bank.

National Asset Management Agency

Pearse Doherty

Ceist:

117 Deputy Pearse Doherty asked the Minister for Finance in view of the recent direction issued by him to the National Asset Management Agency to loan €3.06 billion to the Irish Bank Resolution Corporation in place of the planned payment by the State to IBRC, if he will set out the consideration given to borrowing further funds from NAMA, and if he considers that the 2.35% per annum interest rate charged by NAMA on the IBRC transaction is cheaper than the rate that may be paid by the National Treasury Management Agency on short-term bill issuance. [33152/12]

As an entity with a commercial mandate, the management of NAMA's cash position is first and foremost a matter for the board and management of NAMA. In managing its liquidity needs, NAMA must ensure that it has available liquidity over the medium term to meet all of its contractual obligations as they fall due. Such obligations, as outlined, include its day-to-day operating costs, investment to improve the value of the assets underpinning the loans, coupon payments due on its bonds and derivative contract payments. Furthermore, the Agency also provides an important stimulus to the construction sector in the form of advances to debtors for working capital and project funding, some of which is required at short notice. I am advised that updated liquidity projections, based on these various expected inflows and outflows, are reviewed on a monthly basis by the NAMA Board. In terms of cash management in NAMA, I am advised that cash is either placed on deposit with approved counterparties or the Central Bank or it is invested in qualifying liquid assets (short-term Irish Government securities). In this way the liquidity position of NAMA is actively used to support the ongoing financial commitments of the State.

As the Deputy will be aware, the NTMA successfully auctioned € 500m three-month Irish treasury bills on 5 July at an issue yield of 1.8%. I welcome this success which had a bid to cover ratio of 2.8 times and I view it as a very important milestone on Ireland's continuing path to recovery. The interest rate charged by NAMA on the IBRC deal was in line with the commercial terms charged by Bank of Ireland at 2.35% and was higher than the rate paid on the short-term bills issued last week.

In relation to the ministerial direction to NAMA on the IBRC financing facility, I should remind the Deputy that this was a short-term interim measure and had been required pending the consent of Bank of Ireland's shareholders' to the IBRC financing arrangement and followed intense discussions on the matter with our European partners.

Any such future decision to use NAMA funds under Ministerial direction would be given a similar level of consideration.

Commercial Leases Database

Pearse Doherty

Ceist:

118 Deputy Pearse Doherty asked the Minister for Finance further to calls by the National Asset Management Agency chairman (details supplied) for the introduction of a public register of commercial property sales prices, if he will set out the consideration he has given to such a register and confirm if there are any plans for such a register; and if he will further set out the detail of any such plans. [33157/12]

I understand that a Commercial Leases Database and a database of residential property sales prices is currently being considered by the newly-established Property Services Regulatory Authority, which does not fall under the auspices of the Department of Finance. I understand the primary purpose of the Commercial Leases Database will be to ensure that accurate information will be available to assist in ensuring that rent review assessments are based upon true comparisons of rent levels and that the availability of such information should favourably impact on the conduct of rent reviews and also on the operation of the letting market itself.

Credit Unions Regulation

Kevin Humphreys

Ceist:

119 Deputy Kevin Humphreys asked the Minister for Finance further to his reply to Parliamentary Question No. 58 of 20 June 2012, when the credit union restructuring board, ReBo, will be appointed; when will it come into operation; if it will operate on an interim or administrative basis pending the passage of the draft credit union Bill; and if he will make a statement on the matter. [33175/12]

In my response the Parliamentary Question No. 58 of 20 June 2012 I stated that expressions of interest had been sought for appointment to the Credit Union Restructuring Board (the ReBo). The closing date for receipt of applications was 8 June. The process of identifying suitable candidates to sit on this Board is currently taking place within my Department and it is envisaged that the ReBo will be established shortly. The ReBo will operate on an administrative basis pending the enactment of the Credit Union Bill which will provide the statutory basis for the ReBo.

National Asset Management Agency

Martin Ferris

Ceist:

120 Deputy Martin Ferris asked the Minister for Finance the reason the National Asset Management Agency do not pay sub-contractors a portion of the proceeds of sales of property where they are owed the money by the main contractors company which was liquidated by NAMA. [33191/12]

NAMA advises that, in circumstances in which it has entered into consensual arrangements with a debtor, all creditor claims, including those of unsecured creditors who hold no security or other attachment to the assets held by that debtor, are assessed on a case by case basis in the context of managing such assets to realise maximum return to the taxpayer. NAMA is not prescriptive as to when it will approve payments in the case of unsecured creditors. Each case is assessed by reference to its own circumstances. This often involves providing the debtor with temporary support so as to give NAMA an opportunity to assess the scope for reaching long-term agreements with them. Very often that involves meeting their short-term liabilities so that they can remain in business. In cases where the process does not lead to a consensual arrangement with a debtor, enforcement is initiated. In those circumstances, an insolvency practitioner appointed by NAMA is required only to realise the value of NAMA's fixed or floating charges over assets. Understandably, he is not under any obligation to unsecured creditors. In an insolvency situation the ultimate outcome for all creditors will depend on the nature and ranking of their charges. In all cases, NAMA's primary objective is to protect the interests of taxpayers.

Tax Code

Paul Connaughton

Ceist:

121 Deputy Paul J. Connaughton asked the Minister for Finance if the full amount of stamp duty has to be paid in respect of persons when one has a green certificate in agriculture; and if he will make a statement on the matter. [33203/12]

I am advised by the Revenue Commissioners that Section 81AA of the Stamp Duties Consolidation Act 1999 provides an exemption from Stamp Duty on the transfer of agricultural land to a farmer who is:

a) Under 35 years of age; and

b) The holder of certain educational qualifications.

In the case of a joint purchase by a father and son, both must satisfy these conditions.

On the basis of the information presented, stamp duty would be payable as both joint purchasers do not, it appears, satisfy the necessary conditions.

Additionally, it would be necessary to have more details regarding the "green certificate in agriculture" in order to determine whether this certificate satisfies the appropriate educational qualification requirement. However, if it does, this on its own would not be sufficient for the exemption to apply, as only the son holds a certificate.

Where the exemption is not available, Stamp Duty is chargeable at the rate of 2% on the purchase price.

Fuel Rebate Scheme

Mattie McGrath

Ceist:

122 Deputy Mattie McGrath asked the Minister for Finance the position regarding his Department's working group that was set up to examine the Irish Road Hauliers Association proposals for an essential user fuel rebate; the efforts he is taking to tighten up on the availability of green diesel; and if he will make a statement on the matter. [33273/12]

As the Deputy is aware a working group was set up between officials of my Department, the IRHA and members of the Oireachtas. This working group had a series of meetings to discuss issues of concern to the haulage industry. I have recently received a submission from the group and I am considering the matters raised. I note the recent trend in falling oil prices and I hope that this continued fall is reflected in the price of fuel for consumers including hauliers at the pumps. The Deputy may also wish to note that provision was made in the Finance Act 2012 for a strengthened and extended licensing system for mineral oil traders, which will require traders in marked oils to be licensed for that purpose. In parallel with these changes, the Revenue Commissioners have recently made regulations that put in place new requirements in relation to the recording and reporting of oil movements. In particular, traders will have to submit returns to the Revenue Commissioners monthly giving details of fuel transactions. Action is being taken also to obtain an improved fuel marker. The Irish and UK revenue authorities published a joint ‘Invitation to Make Submissions' (IMS) on 28th June for a new fuel marker. The IMS was also published in the Official Journal of the European Union on 4 July 2012.

Tax Collection

Gerald Nash

Ceist:

123 Deputy Gerald Nash asked the Minister for Finance the contact that has been made by the Revenue Commissioners with the social security authorities in other states to clarify the number of persons resident here who are receiving pensions from those states; and if he will make a statement on the matter. [33306/12]

Gerald Nash

Ceist:

124 Deputy Gerald Nash asked the Minister for Finance the contact the Revenue Commissioners have made with HMRC to ensure that those who are in receipt of occupational pensions from the UK, but are resident here and assessable on that income here in accordance with Articles 17 and 18 of Ireland-UK double taxation treaty, are tax compliant; and if he will make a statement on the matter. [33307/12]

Gerald Nash

Ceist:

125 Deputy Gerald Nash asked the Minister for Finance the level of tax due to the State which has not been collected in 2007, 2008, 2009, 2010 and 2011 due to the failure to correctly assess Irish income tax occupational and social security pensions paid to Irish residents in view of the fact that census 2011 advised that there are 114,948 persons aged 60 and over who had lived in the UK before moving here; and if he will make a statement on the matter. [33308/12]

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

I am informed by the Revenue Commissioners that taxpayers are required, under the self-assessment tax system, to supply details each year of foreign-sourced pensions, both Social Security and Occupational, to Revenue. Taxpayers, however, are not required to separately identify the country of origin of pension income on tax returns and in the time available, the Commissioners are unable to provide up-to-date details of the number of taxpayers returning foreign-sourced pensions. The following details are the position as at January 2012, for the tax year 2009, in relation to the number of cases reporting a pension. This is the latest date for which figures are readily available.

Year

State Welfare pensions

Other foreign pensions

Total

2009

10,646

10,889

21,535

I am further informed by the Revenue Commissioners that they are not in a position to provide an estimate of the amount of income tax that is not being collected on UK-sourced pensions. However the Commissioners advise that the figure of 114,948 quoted by the Deputy is not a reliable indicator of the scale of possible non-declaration. A significant number of these people may not have any entitlement to a UK pension, or such entitlement may be small.

In this context, it should be noted that the rates of UK Social Security pensions are small when compared to the general tax exemption from income tax granted to those aged 65 or over in this State, viz. where their annual income is less than €18,000 for single or widowed persons and less than €36,000 for married persons or those in a civil partnership.

The question of information from other jurisdictions is affected by other countries Data Protection Laws, and in general can only arise in the context of Double Taxation Treaties. I am advised by the Revenue Commissioners that they seek information from other tax administrations, under Treaty provisions, about foreign-sourced pensions paid to Irish resident individuals where they are dealing with specific cases. The Commissioners are aware that there are data exchange arrangements in place between the Department of Social Protection and their UK counterparts and they are exploring with the Department of Social Protection (DSP) the usefulness for tax purposes of information available to them, and the possibility of gaining access to such information having regard to Data Protection law and other legal provisions.

Health Insurance

Niall Collins

Ceist:

126 Deputy Niall Collins asked the Minister for Finance his views on State-owned Irish Life having a 30% stake in a newly established private health insurance company; if EU competition issues arise as a result of the State’s shareholding; and if he will make a statement on the matter. [33345/12]

Niall Collins

Ceist:

127 Deputy Niall Collins asked the Minister for Finance the reason Irish Life, as a State-owned entity, has been permitted to hold a significant shareholding in a private health insurance company when he is working to divest itself of its shareholding in VHI; and if he will make a statement on the matter. [33346/12]

I propose to take Questions Nos. 126 and 127 together.

I must ensure that Irish Life is run on a commercial, cost effective and independent basis to maximise value for the State. I recognise that Irish Life remains a separate economic unit with independent powers of decision and that its board and management team retain responsibility and authority for determining the Company's strategy and commercial policies and conducting its day to day operations. The State will continue to work on the disposal of the business as soon as market conditions permit.

Irish Life is now a 48.95% shareholder in GloHealth Financial Services Limited, an insurance intermediary licenced by the Central Bank. GloHealth insurance policies are underwritten by Great Lakes Reinsurance (UK) Plc, a subsidiary of Munich Re. I have been informed by Irish Life that the investment does not give rise to issues under EU Competition Law.

The future strategy for VHI is a matter for the Minister for Health.

Tax Code

Eoghan Murphy

Ceist:

128 Deputy Eoghan Murphy asked the Minister for Finance if he will provide the following information, estimated, for a single person with no dependants, no credits, breaks or reliefs, earning €42,000 in income, with no other assumed additional sources of income: the amount of income tax and other taxes on incomes expected to be paid by this person in 2012; if he will provide a percentage breakdown of the areas of Government spending on which the taxes paid by the person are to be spent by each Department and in each area in line with the budget for 2012; if he will provide a detailed description of the way the taxes paid by the person are to be spent in simple monetary terms euros and cents in line with this breakdown; if he will provide a figure detailing the person’s annual contribution to national debt repayments, a figure detailing the person’s share of the national debt and a figure detailing the person’s share of the national deficit; and if he will provide the same information as projected for 2013. [33359/12]

It is assumed for the purposes of answering this question that the single person is a PAYE worker in the private sector who would receive the basic tax credits and standard bands of tax, appropriate for an employee earning €42,000 per annum in 2012. The amount of PAYE income tax, Universal Social Charge (USC), and employee PRSI that person would pay is €10,707. The calculation is outlined in the table:

Single Individual (Employee) Earning €42,000 (Class A Full PRSI)

Gross Income

€42,000

Deductions

Universal Social Charge (USC)

€2,259

PAYE Income Tax

€7,032

Employee PRSI

€1,416

Total Deductions

€10,707

Net Income

€31,293

Note that figures are rounded.

Tax revenues are not generally assigned to particular areas of expenditure. Rather they are available, along with non-tax revenues, capital receipts as well as moneys sourced from borrowing to fund overall expenditure.

The Department of Public Expenditure and Reform published the Revised Book of Estimates (REV) for 2012 in February. The REV sets out the voted expenditure allocations for every Government Department and Office, including for areas such as Social Protection, Health, Education, Justice and Agriculture. The REV therefore sets out the areas of voted expenditure that the tax revenues, non-tax revenues and capital receipts collected by the State as well as borrowing undertaken by the State are used to fund.

National debt servicing in 2012 was estimated at €6,965 million by the National Treasury Management Agency (NTMA) at the time of the Stability Programme Update (SPU) publication in late April. Last year's Census estimated the Irish population at just under 4.6 million. On this basis, an individual's share of total National debt servicing in 2012 is just under €1,520.

As per the website of the NTMA, at end-June 2012 the State's National debt stood at €131.9 billion. Given an estimated population of just under 4.6 million, an individual's share of National debt outstanding at end-June 2012 is just under €28,750.

This year's Exchequer deficit was estimated at €18,655 million in the SPU. Given an estimated population of just under 4.6 million, an individual's share of this year's Exchequer deficit is approximately €4,065. Note that this deficit estimate included, as part of non-voted capital expenditure, €3,060 million in respect of the IBRC Promissory Note although settlement of this payment was with a Government bond.

As regards 2013 it is not yet possible to provide the Deputy with the detailed information as voted expenditure allocations for 2013 have not yet been decided.

State Debt

Patrick Nulty

Ceist:

129 Deputy Patrick Nulty asked the Minister for Finance if the agreement reached between EU leaders on the separation of banking debt from sovereign debt reached at the recent EU summit will result in a retrospective easing of Ireland’s national debt burden, namely, in relation to the €64 billion used to capitalise Irish banks but which now forms part of Ireland’s national debt; and if he will make a statement on the matter. [33417/12]

As I stated last week in the Dáil during Oral questions, the announcement following the euro area summit in Brussels at end-June represents a major shift in European policy in terms of breaking the link between recapitalising the banks and the sovereign, a policy change that I have repeatedly pressed for at EU meetings. This message has been echoed by the Taoiseach, the Tánaiste and other Ministers in meetings with their EU colleagues. The specific mention of Ireland in the statement issued following the summit is a welcome development and is the result of intensive discussions over the past year. It shows that there is widespread recognition for the measures this country has implemented and the significant sacrifices that Irish people have taken to bring our public finances under control.

This is an agreement in principle which provides an opportunity for the issue of bank debt to be addressed at an EU level. As the details have yet to be worked out, it is too early to say at this time what the precise implications of the announcement will be.

Preliminary discussions on how to separate Irish banking debt from sovereign debt are underway, with a view to concluding in October, but I do not want to prejudice them by commenting on the likely contents of any agreement at this time. Because of their complexity the discussions are likely to take some time. Our shared objective, agreed with our European colleagues is to break the link between banks and sovereigns and we are open to discussing any method of doing this.

This announcement is undoubtedly a positive development for Ireland. However, we cannot lose sight of the fact that notwithstanding the very considerable negative effect State support for the banking system has had on the public finances, including the debt level, there remains a large gap between day to day spending and revenues. This needs to be closed so as to enhance further the long-term sustainability of our public finances.

Departmental Statistics

Michael McGrath

Ceist:

130 Deputy Michael McGrath asked the Minister for Finance when the GDP and GNP figures for Quarter 1 2012 will be published; and if he will make a statement on the matter. [33475/12]

The CSO will publish the Quarterly National Accounts for Quarter 1 2012 on Thursday 12 July 2012.

Tax Code

Patrick Nulty

Ceist:

131 Deputy Patrick Nulty asked the Minister for Finance if he supports the introduction of a financial transactions tax; and if he will make a statement on the matter. [33487/12]

Patrick Nulty

Ceist:

136 Deputy Patrick Nulty asked the Minister for Finance the reason there was a three month delay between the completion of the ESRI research on a financial transactions tax and its publication; and if he will make a statement on the matter. [33712/12]

I propose to take Questions Nos. 131 and 136 together.

I have stated in the past my view that, if a financial transactions tax (FTT) cannot be introduced on a global basis, it would be better if it were introduced at least on an EU-wide basis. This would prevent any distortion of activity within the Union.

The Deputy will be aware that following the ECOFIN meeting on 22 July, the Commission's proposal to introduce an FTT on an EU-wide basis will not now proceed and certain Member States are going to ask the Commission to propose that the tax be introduced via the "enhanced co-operation" mechanism in those states which are willing to introduce the tax.

Ireland is opposed in principle to enhanced co-operation in tax matters and will not be one of the enhanced co-operation countries. Our decision not to participate is consistent with the position we previously expressed that the tax should be introduced on at least an EU-wide basis. However, I indicated at the ECOFIN meeting that we would not stand in the way of those countries who wish to introduce an FTT. We will continue to monitor the issue, in particular to ensure the compatibility of any proposed measure with the internal market and with existing taxes on financial transactions such as our Stamp Duty on transfers of shares in Irish companies.

I received the ESRI/Central Bank of Ireland report into the FTT in late April. I did not publish the report immediately because my officials and I needed time to examine it. It has proven useful in our consideration of the issues surrounding the FTT.

Question No. 132 answered with Question No. 113.

Bank IT Systems

Regina Doherty

Ceist:

133 Deputy Regina Doherty asked the Minister for Finance if he intends to review banking procedures and protocols to protect customers from another crisis such as the Ulster Bank occurrence which has seen customers without banking facilities for nearly three weeks; and if he will make a statement on the matter. [33600/12]

I have been informed by the Central Bank that, in conjunction with the Financial Services Authority in the UK, they will undertake a review of the IT failure which arose in Ulster Bank. This review will include a focus on lessons learned which will then be utilised in the Bank's on-going oversight of operational risks faced by all banks. In addition, the Irish Payments Services Organisation (in conjunction with the Central Bank) have commissioned an independent review of the risk assessment methodologies applied by clearing companies such as the Irish Paper Clearing Company and the Irish Retail Electronic Clearing Company.

On the completion of the reviews mentioned, I would expect that, should the Central Bank need to examine and strengthen its procedures, they will do so. It is important that the Central Bank satisfies itself that all requirements are met by credit institutions to avoid the occurrence of similar IT problems in the future.

Departmental Reports

Seán Kyne

Ceist:

134 Deputy Seán Kyne asked the Minister for Finance if he will report on the progress made in implementing those recommendations categorised as immediate, short and medium term of the Advisory Group for Small Business Report entitled The Voice of Small Business for which he has been designated as having lead responsibility. [33644/12]

The following table outlines the actions and current status of recommendations contained in "The Voice of Small Business" for which my Department has lead responsibility:

Action

Current Status

6(a) Develop and implement a cross-departmental awareness campaign on the impact of hidden economy activity.

There is no doubt that shadow/hidden economy activity creates distortions in the economy and competitive disadvantages for compliant businesses. For these reasons, Revenue focuses on deterring shadow/hidden economy activity and non-compliance through its audit and investigation programmes based on risk analysis, use of Revenue powers and their intelligence and information systems. Last year Revenue carried out 11,066 audits resulting in a yield of €440.46 million. The Revenue approach to the shadow economy is underpinned by close consultation and cooperation with the Department of Social Protection. The primary objective of these activities is to uncover either non-declaration or under declaration of income and/or fraudulent DSP claims. In addition, there is continuing strengthening of legislation to provide for a robust framework within which the Revenue Commissioners may tackle tax and duty evasion. Revenue has a prioritised focus on those sectors that traditionally have been susceptible to shadow activity such as cash businesses. In order to inform the approaches they are taking and help determine where resources may best be deployed, Revenue have engaged on a series of meetings with trade and representative bodies. Increasingly they are finding that bodies and individuals are prepared to share insights and specific information with Revenue with regard to shadow economy activity in times of recession. Revenue is deepening their engagement with the representative bodies and has set up regional shadow economy liaison groups. Any additional information campaign should be considered in the context of measures already in place.

8(a) Mandate the introduction of electronic payments by all Government and State agencies by end 2012.

A very similar goal is included as part of the Croke Park agreement and this is being worked towards in that context. Under the SEPA regulation the Irish government is committed to migrating the civil service to SEPA compliant payment systems by end Q1-2013. This will facilitate further the introduction of electronic payments.

8(b) Remove Professional Services Withholding Tax for service providers.

After careful consideration, and in light of the effect that this measure would have on the Exchequer returns, it is not proposed to abolish PSWT for service providers at this time.

8(b) Consider a reduction in the preliminary tax requirement from 100 percent to 75 percent for small firms until 2013.

After careful consideration, and in light of the effect that this measure would have on the Exchequer returns, it is not proposed to introduce this measure at this time.

Departmental Functions

Seán Kyne

Ceist:

135 Deputy Seán Kyne asked the Minister for Finance if the recommendation of the Deloitte report into the €3.6 billion accounting error to transfer sole responsibility for the compilation of statistics and information on the Government deficit to the Central Statistics Office will be implemented; and, if so, if a timescale will be indicated. [33647/12]

The Deloitte Report into the error was finalised earlier this year and published on 7th June. A key overarching recommendation was the establishment of a Governance Group to inter alia oversee the implementation of the recommendations arising from the Report. This Group has considered the recommendations, including the recommendation that overall responsibility for the General Government Debt (GGD) compilation and reporting processes should be centralised in one organisation. In response to this it has been agreed by my Department and the Central Statistics Office (CSO) that the primary responsibility for this is to be transferred to CSO. Given the complex nature of the processes and the amount of work involved in the compilation of the necessary data, it is envisaged that CSO will take over primary responsibility for the Excessive Deficit Procedure Returns required under the Maastricht Treaty for the transmission due in March 2013.

Question No. 136 answered with Question No. 131.

National Asset Management Agency

Pearse Doherty

Ceist:

137 Deputy Pearse Doherty asked the Minister for Finance, further to Parliamentary Question No. 207 of 3 July 2012, the reason the National Asset Management Agency has redeemed senior debt from Permanent TSB since this organisation is not a NAMA participating institution. [33728/12]

The recent NAMA Senior Bond redemption was carried out on a pro-rata basis, whereby a proportion of each institution's share of NAMA Senior Bonds was repaid. The NAMA Senior Bonds held by Permanent TSB were received in February 2011 as part of the transfer of the former INBS deposit book to PTSB under the transfer order issued by the previous Minister for Finance. As set out in the transfer order, the deposit book and corresponding assets (including € 2.89 billion of NAMA Senior Bonds) transferred to NAMA at that time. Previous to the most recent bond redemption PTSB held € 2.77 billion and following this redemption PTSB hold € 2.575 billion of NAMA Senior Bonds.

The text of the transfer order and other details are available on the Department of Finance website: www.finance.gov.ie.

State Debt

Pearse Doherty

Ceist:

138 Deputy Pearse Doherty asked the Minister for Finance the contribution made by the State to the first bailout in Greece in 2010; the way this contribution was accounted for in the deficit and national debt figures; the amount of interest received by Ireland from this contribution; when the sum is due for repayment by Greece to Ireland; if he will provide an assessment of the prospects for the repayment of the contribution; and if any provision will be made for any non-repayment in our national accounts. [33729/12]

Under the Euro Area Loan Facility as agreed for Greece in May 2010, stability support in the form of a joint Euro area/IMF financing package of €110 billion is being provided to Greece over a three-year period. Ireland contributed €345.7 million (net of a 50 basis points service charge) in respect of the first two tranches of the loan in 2010. Ireland withdrew from participation in the facility when we entered the EU/IMF Programme of Financial Support.

This amount was accounted for as a loan under non-voted capital expenditure.

Interest payments on the loan in respect of Ireland's contribution to the facility are due quarterly and are calculated on the full nominal amount of the loan (i.e., including the 50 basis points service charge). The original loan agreement provided that the principal would be repayable quarterly over two years starting in 2013 and that the rate of interest, which is variable, would be based on three-month EURIBOR (the average rate at which euro interbank term deposits are being offered by one prime bank to another within the EMU zone) plus a margin of three hundred basis points (3 percentage points) for the first three years and four hundred basis points subsequently. However, the lending countries agreed in 2011 to extend the grace period and term of the loans and to reduce the margin in the interest rate charged to Greece to 100 basis points (one percentage point). As a result, the principal on Ireland's loan to Greece is due to be repaid over five years beginning in June 2020.

The total amount of interest received by Ireland on the loan to date is €25.96 million.

As the Deputy will be aware, Greece came to an agreement with its private sector creditors in March 2012 which allowed it to restructure debt held by banks and other private investors. However, that restructuring and the consequent losses for investors did not apply to loans under the Euro Area Loan Facility under which Ireland provided a loan to Greece in 2010.

School Transport

Brendan Griffin

Ceist:

139 Deputy Brendan Griffin asked the Minister for Education and Skills his views on a matter (details supplied); and if he will make a statement on the matter. [33192/12]

Under the terms of my Department's Post Primary School Transport Scheme children are eligible for transport where they reside not less than 4.8 km from and are attending their nearest education centre as determined my the Department/Bus Éireann, having regard to ethos and language.

Bus Éireann, which operates the School Transport Scheme on behalf of my Department, determine eligibility by measuring the shortest traversable route from a child's home to the relevant education centre. Bus Éireann are currently processing applications for school transport for the 2012/13 school year. The number and size of vehicles required will be determined by the number of eligible pupils whose applications are finalised by the deadline date at the end of July. Children who are not eligible for school transport may apply for transport to a particular school on a concessionary basis in accordance with the terms of the scheme.

Children who applied for enrolment in their nearest school but who did not secure a place may have their school transport eligibility considered by reference to the distance they reside from their next nearest school. This consideration will only apply where my Department is satisfied that the child's nearest school does not have the capacity to enrol additional first year pupils.

European Globalisation Fund

Thomas P. Broughan

Ceist:

140 Deputy Thomas P. Broughan asked the Minister for Education and Skills the position regarding the EU’s Globalisation Fund; his views on whether an expanded fund will be part of the EU’s 2014 to 2020 budget round; his position on the fund; if the proposed expanded fund will include provisions for citizens who may lose their job in the self-employed and agricultural sector; and if he will make a statement on the matter. [33290/12]

The current European Globalisation Adjustment Fund (EGF) Regulation expires on 31 December 2013. On 6 October 2011, the European Commission tabled a proposal for a new Regulation for the period 2014-2020 to the European Council and European Parliament.

Substantive discussions on the Commission proposal commenced in the European Council Working Party on Social Questions in early 2012 under the Danish Presidency of the EU and are currently ongoing. Ireland is taking a full and active part in these discussions. A progress report on this dossier was presented to the EPSCO Council of Ministers on 21 June 2012. The current Cypriot Presidency of the EU is seeking to progress the dossier to finalisation if possible. If not, the dossier will fall to be progressed during the Irish Presidency in 2013.

Ireland continues to be a strong supporter of the EGF given the important contribution it makes to co-financing approved active labour market programmes in support of eligible redundant workers in this country.

It is not possible at this time, and given that discussions on the dossier are ongoing, to surmise whether, or in what form, the Fund will continue in 2014. However, Ireland is negotiating in Council on the basis that the Fund should and will continue.

The proposal to include both the self-employed and farmers in the scope of the new Regulation is a significant broadening of the existing position. Ireland is not opposed in principle to these elements of the proposal and together with their colleagues in the Departments of Jobs, Enterprise and Innovation and Agriculture, Food and the Marine, my officials will be seeking the most positive national outcome in the continuing discussions.

FÁS Training Programmes

Eoghan Murphy

Ceist:

141 Deputy Eoghan Murphy asked the Minister for Education and Skills if his attention has been drawn to the fact that there is no longer an ecommerce training course being offered by FÁS; and his views on whether an ecommerce course would be a useful addition to the current courses on offer. [33352/12]

I am informed that the ecommerce course referred to by the Deputy was deactivated by FÁS in order to update it and bring it into line with the new Common Awards System. FÁS is currently working on a replacement course and once this course has been developed, it will be scheduled on the FÁS course calendar.

In addition, Skillnets receive funding from the National Training Fund (NTF) through my Department to support companies from any sector or region to engage in training by co-investing in the delivery of training with member companies of networks. Skillnets works in partnership with enterprise, in particular SMEs, by supporting the development of flexible and effective training delivery methods which are customised to its specific needs. There are a number of current course offerings related to ecommerce or which include a module around ecommerce and these can be viewed on the Skillnets website at www.skillnets.ie.

Graduate Medicine Programme

Caoimhghín Ó Caoláin

Ceist:

142 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills the complete range of financial supports available for students entering the graduate medicine programme [33661/12]

Simon Harris

Ceist:

151 Deputy Simon Harris asked the Minister for Education and Skills if his attention has been drawn to the significant impact the increase in fees payable for graduate entry to medicine and the withdrawal by AIB of the graduate student loan package for graduate students will have on the viability of graduate entry medicine for many students; if he is considering any measures to offset these obstacles; and if he will make a statement on the matter. [33011/12]

I propose to take Questions Nos. 142 and 151 together.

Higher education institutions are autonomous bodies and the level of tuition fees charged for their Graduate Entry Medicine (GEM) programmes, is a matter for the institutions themselves to determine. Accordingly I have no role in the matter. The prerequisite for entry to GEM programmes is an Upper Second or First Class Honours Bachelor's degree in any discipline. GEM students therefore are pursuing a second undergraduate degree and are not eligible for free fees or for student grants. However in order to widen access the fees of EU students are partly subsidised by the State through the Higher Education Authority. For the 2011/12 academic year this subsidy amounted to €11,000 per EU student. In addition the Taxes Consolidation Act 1997 provides tax relief, at the standard rate, for tuition fees paid in respect of approved courses. I appreciate that for individual students having to meet those fees can be difficult and therefore it is a matter of regret if the loan package in question has been withdrawn by the bank.

Graduate Medicine Programme

Caoimhghín Ó Caoláin

Ceist:

143 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills the number of students who have undertaken and are currently undertaking the graduate medicine programme; the locations at which this course is available; the respective course fees; the degree to which this programme has achieved its stated purpose; and the way he will ensure that entry to these courses is not determined by ability to pay. [33663/12]

The graduate entry medicine (GEM) programme commenced in 2007/08 and has an annual EU intake of 240 students in four institutions: UCD (77), UCC (38), UL (95) and RCSI (30). Information regarding the numbers who have undertaken these programmes is not readily available. I have asked the Higher Education Authority to collate this data and it will be forwarded to the deputy when available. Each institution is responsible for setting its tuition fees which, in 2011/2012, were as follows: UCD (€13,915), UCC (€13,580), UL (€13,915) and RCSI (€15,940). The fees of EU students are partly subsidised by the State through the Higher Education Authority. For 2011/12 this subsidy amounted to €11,000 per EU student.

The establishment of a Graduate Medicine Programme was a specific recommendation of the Report of the Working Group on Undergraduate Medical Education and Training (the ‘Fottrell Report') published in 2006. The Report made a number of recommendations in relation to the reform of medical education and training. It specifically saw the introduction of GEM as a means to increase the number of EU medicine graduates in the context of an evolving health care system and growing population needs. The first cohort of students graduated in 2011.

Departmental Funding

John Perry

Ceist:

144 Deputy John Perry asked the Minister for Education and Skills if he will ensure that the three applications (details supplied) submitted to his Department are granted as this school cannot function without furniture and IT hardware and the essential upgrade of the electrical power supply is needed for health and safety; and if he will make a statement on the matter. [32967/12]

My Department has received three separate applications from the school referred to by the Deputy.

Additional funding for the upgrade of the electrical power supply has been approved under my Department's Additional Accommodation Scheme and the school authorities have been notified accordingly.

My Department has recently approved grant aid for loose furniture and dress design equipment for the new classrooms at the school in question.

In relation to the third application as all post primary schools were paid substantial grant aid late in 2010 for the purchase of high-tech IT equipment no further funding for IT equipment can be approved.

Schools Refurbishment

Martin Ferris

Ceist:

145 Deputy Martin Ferris asked the Minister for Education and Skills if he will provide an update on the status of an application for emergency funding in respect of a school (details supplied) in County Kerry who needs to update their electrics. [32973/12]

I can confirm that the school to which the Deputy refers have applied for grant aid to carry out refurbishment works to an adjacent school building which the school authority has recently acquired.

As outlined in the Five Year Plan last March and in view of the need to ensure that every child has access to a physical school place, the delivery of major school projects to meet significant demographic demands nationally will be the main focus for capital investment in schools in the coming years. The Five Year school building programme is focused on meeting those demographic needs.

I wish to advise you that my Department is considering the school's request in consultation with my Department's inspectorate. Department officials have been in contact with the Principal of the school and have conveyed this information to him.

School Staffing

Michael Healy-Rae

Ceist:

146 Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding panel rights in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [32995/12]

Michael Healy-Rae

Ceist:

170 Deputy Michael Healy-Rae asked the Minister for Education and Skills his views on the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [33412/12]

I propose to take Questions Nos. 146 and 170 together.

The arrangements for panel access for fixed term (temporary), substitute and part-time teachers are set out in Department Circular 0012/2012 which is available on my Department's website. The panels set up in accordance with the arrangements set out in this circular will be used for appointments to full-time permanent teaching posts but only where those posts are not otherwise required to facilitate the redeployment of surplus permanent and CID holding teachers. My Department notifies applicant teachers of the outcome for panel access as the panels are issued to the various panel operators. It is anticipated that the teacher referred to by the Deputy will be notified in this regard shortly.

School Staffing

Michael Creed

Ceist:

147 Deputy Michael Creed asked the Minister for Education and Skills if there will be an appeals process open for two, three and four teacher schools who stand to lose a teacher for the 2013, 2014 school year; and if he will make a statement on the matter. [32996/12]

As part of the Budget 2012 decisions, the number of pupils required to gain and retain a classroom teaching post in small primary schools will be gradually increased between September 2012 and September 2014. The detailed arrangements are set out in the Department's Staffing Circular 0007/2012 that is now published on my Department's website. In these extremely challenging times, all public servants are being asked to deliver our public services on a reduced level of resources and teachers in small schools cannot be immune from this requirement.

It is anticipated that the staffing arrangements for the 2013/14 school year, including the appeal process will be published in early 2013.

Special Educational Needs

Peter Mathews

Ceist:

148 Deputy Peter Mathews asked the Minister for Education and Skills his plans to provide a special needs assistant in respect of a person (details supplied) in Dublin 16; and if he will make a statement on the matter. [32998/12]

I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's established criteria for the allocation of such supports and the staffing resources available to my Department.

There is no automatic system of transfer of resources from one school to another. In considering applications for teaching and SNA supports for individual pupils, the SENOs take account of the pupils' needs and consider the resources available to the school to identify whether additionality is needed or whether the school might reasonably be expected to meet the needs of the pupils from its current level of resources.

Schools had been advised to apply to the NCSE for resource teaching and SNA support for the 2012/13 school year by 16th March, 2012 and schools are currently being notified by SENOs of their resource teaching and SNA allocation for 2012/13, based on the number of valid applications received and, in the case of SNA support, the extent of the care needs of qualifying children.

SNAs should be deployed by schools in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised.

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

School Patronage

Brendan Smith

Ceist:

149 Deputy Brendan Smith asked the Minister for Education and Skills the progress made to date in relation to a proposal (details supplied); when this application is likely to be approved; and if he will make a statement on the matter. [33001/12]

Kevin Humphreys

Ceist:

181 Deputy Kevin Humphreys asked the Minister for Education and Skills if his attention has been drawn to the fact that there is significant demand in the Dublin 6, 8 and 12 area for a new multidenominational school; if any plans have been drawn up in his Department towards recognising the start up group that currently exists; if there has been any consideration of any potential there may be locally for divestment of a current school to cater for this demand; and if he will make a statement on the matter. [33603/12]

I propose to take Questions Nos. 149 and 181 together.

In June of last year I announced that up to 40 new schools are to be established within the next six years to provide sufficient school capacity to meet our increased demographics. These consisted of twenty new primary schools and twenty new post-primary schools. This announcement did not include a proposal to establish a new primary school in the areas referred to by the Deputies.

On foot of recommendations in the Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector, I recently announced an Action Plan to progress divesting Catholic schools in certain areas.

Surveying will be carried out in five pilot areas initially in October this year and surveys in the balance of the forty four areas will take place in November. The 44 initial areas where surveys of parental preferences will be carried out include the Dublin 6 and 8 districts.

The outcome of the initial surveys will then be made available to the relevant school patrons who will be asked to come forward with divesting options in line with parental preferences within the areas. Full details of the Action Plan are available on my Department's website www.education.ie.

Special Educational Needs

Brendan Griffin

Ceist:

150 Deputy Brendan Griffin asked the Minister for Education and Skills the reason a person (details supplied) in County Kerry has had their special needs assistant taken away; if the SNA will be reinstated; and if he will make a statement on the matter. [33009/12]

I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for processing applications from schools for special educational needs supports including resource teaching and Special Needs Assistant (SNA) support, to support children with special educational needs. The NCSE operates within my Department's established criteria for the allocation of such supports and the staffing resources available to my Department.

All schools had been advised to apply to the NCSE for resource teaching and SNA support for the 2012/13 school year by 16th March, 2012 and schools are currently being notified by SENOs of their resource teaching and SNA allocation for 2012/13, based on the number of valid applications received and, in the case of SNA support, the extent of the care needs of qualifying children.

SNAs should be deployed by schools in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised.

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

Question No. 151 answered with Question No. 142.

Michael McGrath

Ceist:

152 Deputy Michael McGrath asked the Minister for Education and Skills if the allocation of special needs assistants to a particular school (details supplied) in County Cork for the 2012/13 school year is being reassessed; if he will agree to become involved in the matter in view of the exceptional circumstances that apply; and if he will make a statement on the matter. [33014/12]

I wish to advise the Deputy that the National Council for Special Education (NCSE) is an independent agency with responsibility for determining the appropriate staffing levels in relation to the support of pupils with special educational needs in mainstream and special schools. The NCSE operates within my Department's established criteria for the allocation of supports to schools and the staffing resources available to my Department.

The Deputy will appreciate that it would be inappropriate of me to intervene in the resource allocation process which would be to compromise the independence of the role of the NCSE as set out in the Education for Persons with Special Educational Needs (EPSEN) Act, 2004.

As I advised the Deputy in my PQ reply of 21 June, the NCSE has confirmed that the SNA allocation for the school in question for the 2012/13 school year is a sufficient level of support to cater for the care needs of all qualifying children in the context of the applications received for the 2012/13 school year. Whereas I understand that schools may wish to maintain current staffing levels, the NCSE must ensure that where there are surplus SNA posts in a school, these must be redirected to meet the needs of children who need this valuable support.

I am sure the Deputy will agree that at a time of constrained resources it is essential that SNA numbers are managed and deployed as prudently and as effectively as possible. Resources left in an area that are not in accordance with criteria mean public resources are not available for another deserving area. It is worth noting that this school has been allocated 12 SNA posts for the forthcoming school year, which is an extensive provision of resources by any measure.

It is expected that schools seeking to have their SNA provision reviewed, before requesting any review of their SNA provision, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect. It is open to schools to contact their local SENO in this regard, using the contact details available on www.ncse.ie.

Emergency Works Scheme

Michael Creed

Ceist:

153 Deputy Michael Creed asked the Minister for Education and Skills the position regarding an application for emergency electrical works at a school (details supplied); and if he will make a statement on the matter. [33032/12]

My Department recently approved funding under the Emergency Works Scheme for electrical works at the school in question.

Emergency Works Scheme

Niall Collins

Ceist:

154 Deputy Niall Collins asked the Minister for Education and Skills if an application for emergency works in respect of a school (details supplied) in County Kerry will be approved as soon as possible; and if he will make a statement on the matter. [33033/12]

My Department has no record of any recent application for funding under the Emergency Works Scheme from the school in question. Should an application be received it will be assessed and the school authority will be advised of the outcome.

Special Educational Needs

Terence Flanagan

Ceist:

155 Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding a special needs assistant in respect of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [33052/12]

I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for processing applications from schools for special educational needs supports including resource teaching and Special Needs Assistant (SNA) support, to support children with special educational needs. The NCSE operates within my Department's established criteria for the allocation of such supports and the staffing resources available to my Department.

All schools had been advised to apply to the NCSE for resource teaching and SNA support for the 2012/13 school year by 16th March, 2012 and schools are currently being notified by SENOs of their resource teaching and SNA allocation for 2012/13, based on the number of valid applications received and, in the case of SNA support, the extent of the care needs of qualifying children.

SNAs should be deployed by schools in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Teacher Training

Bernard J. Durkan

Ceist:

156 Deputy Bernard J. Durkan asked the Minister for Education and Skills his future plans, if any, to address the additional 12 workshops that student teachers must complete in order to successfully acquire their full professional qualification with particular reference to the financial burden facing student teachers to complete same when they have had no choice but to avail of the opportunity to teach abroad to acquire sufficient teaching hours; if he has any plans to introduce the completion of such workshops online; and if he will make a statement on the matter. [33058/12]

The commencement of mandatory Induction for Newly Qualified Teachers (NQTs) is in keeping with the provisions of the 2001 Teaching Council Act and fulfils a key element of my Department's Literacy and Numeracy Strategy which states that Induction would be mandatory by September of this year.

The Induction workshops which the Deputy refers to are designed to complement the learning and development that the NQT gained during their initial teacher training in college. The workshops focus on priority issues and challenges that arise for NQTs, and are intended to equip them with a range of effective strategies and skills that can be readily implemented in day-to-day classroom practice, across a range and variety of school contexts. The workshops also provide networking opportunities and the professional support needed in making the transition from student to teacher. The National Induction Programme for Teachers (NIPT) develops and designs the workshops and the content of the workshops is reviewed on an ongoing basis, having regard to feedback received from NQTs and consultation with Colleges of Education. As the workshop programme evolves and develops, it is expected that the workshops will gradually introduce blended e-learning elements, as appropriate. The face-to-face elements of the workshop programme will continue to be an important feature of the NIPT programme.

NQTs have three years to attend the twelve workshops and achieve full registration. NQTs can complete all workshops in any one of the three years, or spread their attendance at the workshops over the course of the three years. In certain extenuating circumstances, the Teaching Council may grant an extension to the three years.

There is no fee applicable for attendance at the NQT workshop programme as these costs are covered by the Department of Education and Skills. The Teaching Council receives no income from the Induction programme.

School Transport

Mattie McGrath

Ceist:

157 Deputy Mattie McGrath asked the Minister for Education and Skills if the free school transport scheme for medical card holders will be extended to a person (details supplied) in County Waterford when they have not been accepted to a school in their catchment area and subsequently attend a school in the adjoining area; and if he will make a statement on the matter. [33086/12]

Under the terms of my Department's Post Primary School Transport Scheme children are eligible for transport where they reside not less than 4.8 kms from and are attending their nearest education centre as determined by my Department/Bus Éireann, having regard to ethos and language.

Children who are not eligible for school transport may apply for transport on a concessionary basis subject to a number of conditions; one of these conditions includes the payment of the annual charge. Only eligible children who hold valid medical cards (GMS Scheme) are exempt from paying the annual charge. Children who applied for enrolment in their nearest school but who did not secure a place may have their school transport eligibility considered by reference to the distance they reside from their next nearest school. This consideration will only apply where my Department is satisfied that the child's nearest school does not have the capacity to enrol additional first year pupils.

Departmental Staff

Ciara Conway

Ceist:

158 Deputy Ciara Conway asked the Minister for Education and Skills the measures being put in place to ensure that anyone receiving payment from his Department processed through Ulster Bank will continue to receive their entitlements; if alternative arrangements are being made to facilitate collection elsewhere, such as at a post office; and if he will make a statement on the matter. [33099/12]

Payroll and supplier/grant payments are being issued as normal by my Department. The payroll and supplier /grant payments are not processed via Ulster Bank. To date my Department has received only minimal enquiries in relation to this issue and as such I do not see the need at this time to make alternative arrangements.

Ulster Bank via its website www.Ulsterbank.ie/roi/personal/generic/service-update.ashx continues to offer updated advice to customers impacted by the current problems, and offers guidance to customers to help the bank facilitate disbursements from their bank accounts . Individuals who are experiencing difficulties receiving payments from Ulster Bank should in the first instance contact that bank for assistance.

School Transport

Pearse Doherty

Ceist:

159 Deputy Pearse Doherty asked the Minister for Education and Skills the arrangements being put in place to provide school transport for students to attend their new amalgamated school who had previously attended a primary school in Donegal that has been amalgamated with another school in County Donegal (details supplied). [33100/12]

Under the terms of my Department's Primary School Transport Scheme children are eligible for transport where they reside not less than 3.2 kms from and are attending their nearest national school as determined by my Department/Bus Éireann, having regard to ethos and language.

These eligibility criteria are applied equitably on a national scale to all children attending a national school including children who are attending a school of amalgamation.

Departmental Staff

Simon Harris

Ceist:

160 Deputy Simon Harris asked the Minister for Education and Skills the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33108/12]

The day to day administration of agencies is a matter for each agency. Every agency has responsibility for its own HR function which includes the management of sick leave. My Department does not collate information on sick leave in agencies.

The Department of Finance circular 25/78 governs the conditions that apply to sick leave for officials within the Civil Service. Under these conditions an official can at most take 7 uncertified sick days with pay within a 12 month period. These conditions apply to those agencies under the aegis of my Department which are staffed by civil servants.

Teachers’ Remuneration

Derek Keating

Ceist:

161 Deputy Derek Keating asked the Minister for Education and Skills the number of teachers retired or otherwise engaged who were employed by his Department to act as supervisors during the exam period for the leaving certificate this year; the status of a person who acts as a supervisor; if it required that they be be registered, approved by the Teaching Council and cleared by the Garda; the employment status of engaging them for this work, that is, if a person is out sick or if a person was employed as a teacher in another school; and if he will make a statement on the matter. [33135/12]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including determining procedures in places where examinations are conducted including the supervision of examinations. In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

Literacy Levels

Derek Keating

Ceist:

162 Deputy Derek Keating asked the Minister for Education and Skills the latest research that has been conducted by his Department and its conclusions regarding the number of children leaving primary school who have difficulty in reading and writing or cannot read and write; and if he will make a statement on the matter. [33139/12]

Rigorously constructed surveys of attainment in English reading have been carried out since the 1970s. The 2009 National Assessments of Mathematics and English Reading, which are the most recent in this series of national assessments, provide baseline data for future national assessments in English reading at second and sixth class but are not directly comparable with previous assessments. In 2009, test scores were grouped into four proficiency levels (clusters of skill-sets and competencies describing what pupils are likely to be able to do). Those proficiency levels are described in the report of the 2009 National Assessments, which is available on the website of the Educational Research Centre (www.erc.ie). To facilitate comparability across classes and subjects, the cutpoints used to create each proficiency scale were based on predefined percentages of pupils. Thus, 10% of pupils were classified as at Level 4; 25% at Level 3; 30% at Level 2; and 25% at Level 1, with 10% of pupils described as failing to reach Level 1. The next national assessments in 2014 will facilitate direct comparison with the 2009 results.

The National Literacy and Numeracy Strategy, which I launched in July 2011, contains a range of actions to improve the literacy and numeracy skills of children and young people up to 2020 and these actions are being implemented.

School Transport

Dara Calleary

Ceist:

163 Deputy Dara Calleary asked the Minister for Education and Skills if he will outline the mechanisms used by VECs in determining the distance from a candidate’s home to place of education; if he is satisfied that this method of measuring the distance is accurate and transparent; and if he will make a statement on the matter. [33144/12]

Bus Éireann operates the School Transport Schemes on behalf of my Department.

Under the terms of these Schemes children are eligible for school transport where they meet the distance eligibility criterion and are attending their nearest school, having regard to ethos and language.

Distance eligibility is determined by Bus Éireann by measuring the shortest traversable route from a child's home to the relevant school. Mobile Bus Éireann Inspectors located throughout the country physically conduct these distance measurements where required; a GIS mapping solution may also be used to complement this process. In cases where the distance eligibility is marginal or in dispute, vehicles fitted with calibrated measuring devices which measure the distance down to the nearest metre may be used to establish the exact distance.

Road Safety

Patrick O'Donovan

Ceist:

164 Deputy Patrick O’Donovan asked the Minister for Education and Skills if his Department will make funds or grant assistance available to schools to carry out works to improve the safety of the public road-entrance to the schools from the public road, in the interests of pupil safety; and if he will make a statement on the matter. [33162/12]

In general, individual school authorities are responsible, in the first instance, for ensuring the safety and welfare of children and others in their care.

The issue of road safety measures outside the vested site areas of schools on public roads, such as road signage, traffic calming measures etc., is a matter, however, for the relevant Local Authority. Local Authorities have the power to decide on road safety measures outside schools to ensure that measures are in place to protect the safety of local school children.

Fire Safety

Charlie McConalogue

Ceist:

165 Deputy Charlie McConalogue asked the Minister for Education and Skills the number of primary and post-primary schools that have a current buildings fire safety certificate; the number of primary and post-primary that do not hold a current buildings fire safety certificate, and if so, the reasons these schools do not hold a current fire safety certificate; and if he will make a statement on the matter. [33195/12]

The aggregate information requested by the Deputy is not held by my Department.

A school is not required to apply for a Fire Safety Certificate unless it is undertaking building works. A Fire Safety Certificate is a certificate granted by a Building Control Authority certifying that the building or works, if constructed in accordance with the plans, documents and information submitted to the authority as part of a planning application, would comply with the requirements of the current Building Regulations.

The Building Regulations apply to the construction of new buildings and to extensions and material alterations to existing building and to certain changes of use of existing buildings.

However, School Management Authorities have a responsibility to ensure that the School's Safety Statement includes an up to date Fire Safety Management Plan which would address fire safety in the building. All schools should have fire drills and procedures in place for actions in the event of a fire including evacuating the building.

School Transport

Dara Calleary

Ceist:

166 Deputy Dara Calleary asked the Minister for Education and Skills the reason secondary school persons (details supplied) in County Mayo are being denied school transport even though the bus servicing the school of their choice passes by their door; the reason these same persons are being told by Bus Éireann to avail of a service to other schools even though there is no existing bus to service such a run; his views on whether this system is unfair and insensible; and if he will make a statement on the matter. [33305/12]

Changes to the Post Primary School Transport Scheme were announced in Budget 2011 and derive from recommendations in the Value for Money Review of the School Transport Scheme.

The main change to the current scheme means that from the 2012/13 school year, school transport eligibility for all pupils newly entering a post primary school will be determined by reference to the distance they reside from their nearest Post-Primary Education Centre having regard, as heretofore, to ethos and language. In general, children who are currently eligible for, and who are availing of school transport, will retain their transport eligibility for the duration of their post primary education cycle unless there is a change in their current circumstances. Children who are not eligible for school transport may apply for transport to a particular school on a concessionary basis in accordance with the terms of the scheme.

The planning and organising of school bus routes is an operational matter for Bus Éireann which operates the School Transport Schemes on behalf of my Department. Bus routes are planned in such a way as to ensure that, as far as possible, eligible children have a reasonable level of service while at the same time ensuring that school transport vehicles are utilised in an efficient and cost effective manner. Services are reviewed over the summer months and may be altered or extended depending on the number of eligible children who apply for school transport, and pay the annual charge, for the following school year.

Third Level Fees

Derek Keating

Ceist:

167 Deputy Derek Keating asked the Minister for Education and Skills further to Parliamentary Question No. 220 of 3 July 2012. if he will reply to the question in relation to the details supplied. [33406/12]

I understand that this relates to a student who does not qualify for free fees and is being charged the non EU rate of fee as an international student.

As explained in my last reply higher education institutions are autonomous bodies and the criteria governing the level of tuition fees to be charged (EU or Non EU rate), in cases where undergraduate students do not qualify for free fees under my Departments free fees scheme, are a matter for the institutions to determine. The particular institution concerned sets their own criteria as to the rate of fees to apply and the issue as to whether the student in question qualifies for the EU or non EU rate is a matter for the fees office of the institution concerned.

I have no role in this matter however officials of my Department did make contact with the fees office of the institution concerned who confirmed that this student registered online and as he has a stamp 2 GNIB card was classified as an International student for the purposes of paying tuition fees at the non EU rate.

Pupil-Teacher Ratio

Dominic Hannigan

Ceist:

168 Deputy Dominic Hannigan asked the Minister for Education and Skills the reason a school (details supplied) in County Meath had a reduction in their funding for their leaving certificate applied English course with the loss of a teacher; when this decision was made and communicated to the school; the provisions that will be put in place in the school to help the pupils who would otherwise have gone to this course; and if he will make a statement on the matter. [33407/12]

Teacher allocations are approved annually in accordance with established rules based on recognised pupil enrolment. My Department has published the staffing arrangements at post primary level for the coming school year, 2012/13. The relevant Post Primary circular is 0009/2012 which is available on my Department's website. The staffing arrangements in schools for the 2012/2013 school year can also be affected by changes in their enrolment, the impact of budget measures and the reforms to the teacher allocation process.

The reform of the teacher allocation process being introduced for the 2012/13 school year were designed to give a more equitable distribution of existing posts between schools. The enhanced resources for schools that operated the LCA programme were redistributed so that support could also be given to new schools joining the programme. Previously schools joining the programme were allocated no additional teacher support. The new arrangements are to operate on the basis of the standard allocation under the staffing schedule (18.25:1 in DEIS post-primary schools, 21:1 in fee-charging schools and 19:1 in all other post-primary schools)and an additional fixed allocation of 0.5 of a post to each school that operates the programme. This additional allocation of 0.5 of a post will be available to all new schools joining the programme. The teacher allocation process at post-primary level is largely completed at this stage and all schools would have been notified accordingly.

At post primary level, schools will have autonomy on how best to prioritise its available resources to meet its requirements in relation to guidance and the provision of an appropriate range of subjects to its students. Decisions on how this is done will be taken at school level and I am confident that schools will act in the best interest of students when determining precisely how to use the teaching resources available to them.

Special Educational Needs

John Browne

Ceist:

169 Deputy John Browne asked the Minister for Education and Skills if he will approve a fixed term resource teaching post to be based at a primary school (details supplied) in County Wexford on a shared basis. [33410/12]

The NCSE has notified all schools of their allocation for the 2012/13 school year of resource hours for low incidence special needs. The arrangements for how schools access these resource hours in teaching posts are set out in the Department Staffing Circular 0007/2012. Under these arrangements a network of over 2,500 full-time resource posts has been put in place in close to 1,700 base schools throughout the country. The list of these schools and the criteria used to select them is set out in the published Circular.

These resource posts are allocated on a permanent basis and the teachers in them will undertake NCSE approved (low incidence) resource hours in the base schools or in neighbouring schools. Schools that are unable to access these hours will be allocated mainly temporary part-time posts. It is also open to schools to make a joint application for a full-time temporary resource post.

I understand that the school referred to by the Deputy has submitted such an application and my officials will be in contact with the school Board of Management in this regard.

Question No. 170 answered with Question No. 146.

School Transport

John Perry

Ceist:

171 Deputy John Perry asked the Minister for Education and Skills if his attention has been drawn to the difficulties a person (details supplied) in County Sligo will encounter with school transport; if he will intervene with Bus Éireann on their behalf; and if he will make a statement on the matter. [33414/12]

Changes to the Primary School Transport Scheme were announced in Budget 2011 and derived from recommendations in the Value for Money Review of the Scheme. One of the changes announced means that from the beginning of the 2012/13 school year children will be eligible for school transport where they reside not less than 3.2 kilometres from and are attending their nearest national school, having regard to ethos and language.

Existing eligible children, who are not attending their nearest school, will retain their school transport eligibility for the duration of their primary education cycle provided there are no changes to their current circumstances. Siblings of these children, who wish to attend the same school, may apply for transport on a concessionary basis only, subject to a number of conditions which are detailed in the scheme. In this regard, it is worth noting that the annual charge for concessionary tickets will be reduced to €100 for the 2012/13 school year which is the same charge that applies for eligible tickets.

Schools Building Projects

John Perry

Ceist:

172 Deputy John Perry asked the Minister for Education and Skills if his attention has been drawn to the correspondence submitted to his planning and building unit by a school (details supplied) in County Sligo; if he will ensure that the additional funding is provided; and if he will make a statement on the matter. [33422/12]

In September 2011, the school referred to by the Deputy was granted funding for the provision of 2 Mainstream Classrooms under my Department's Additional Accommodation Scheme. In May 2012 the school applied for additional funding for a sliding sound proof partition between both classrooms so that the school could use the rooms for assemblies, choir practice and parent meetings. This application was refused and the school advised that any building works carried out over and above those approved must be funded by the Board of Management, as was set out in the Department's original letter of approval.

I am sure the Deputy will appreciate that there are many competing demands on my Department's capital resources and in this context it must prioritise applications for the provision of much needed additional mainstream classroom accommodation.

School Staffing

Seán Crowe

Ceist:

173 Deputy Seán Crowe asked the Minister for Education and Skills if he will provide a breakdown, by name and location, of the 32 small schools that will lose a teacher in September 2012 as a consequence of the budget measures. [33430/12]

Some 73 small primary schools were originally due to lose a classroom teacher in September 2012 as a result of the budget measure to increase the relevant pupil thresholds. The Staffing Appeals Board provisionally upheld appeals from 41 schools subject to confirmation that their actual enrolments in September 2012 reach the required level. The breakdown of the remaining 32 schools is attached as requested by the Deputy.

County

Roll Number

School Name and Address

Cavan

17630E

Scoil Naomh Maodhóg, Baileboro, Co. Cavan

Clare

17633K

Scoil Náisiúnta Eoin Baiste Ballyvaughan

Cork

19978I

Maultrahame Central N. S., Leap, Skibbereen, Co. Cork

Cork

17281F

Togher NS Dunmanway, Co. Cork

Donegal

16384K

SN Arainn Mhor II Arainn Mhor, Co. Dhun na nGall

Donegal

16819T

S.N. Gort a Choirce, Gort a Choirce, Co. Dhún na nGall

Donegal

18219F

Scoil Chonaill, An Bun Beag, Leitir Ceanainn, Tír Chonaill

Donegal

16829W

S N Loch An Iubhair Anagaire, Leitir Ceanainn, Tir Chonaill

Donegal

20144M

Gaelscoil Cois Feabhail, Carn na Gaírbhe, Bun an Phobail, Co. Dhún na nGall

Galway

10591I

Scoil na hAirde Moire Cill Chiarain, Conamara

Galway

18113M

Kilasolan N. S. Caltra Ballinasloe

Galway

17760R

SN Baile An Leasa Dunmore, Tuam, Co. Galway

Galway

19283T

Ballymacward Central Ballinasloe, Co. Galway

Kerry

18756I

Fibough N. S. Castlemaine Co. Kerry

Kilkenny

14476F

Wandesforde Mixed N S Castlecomer Co. Kilkenny

Laois

17557U

St Abban’s N. S. Killeen Maganey

Laois

18075H

Rathdomhnaigh N S Rathdowney, Co. Laois

Leitrim

17558W

S N Rosan Carrigallen Co. Leitrim

Longford

14300O

Killasonna N.S., Granard, Co. Longford

Longford

17724N

Ballycloghan N. S. Carrickboy, Co. Longford

Mayo

14923E

Keenagh N. S. Keenagh Ballina Co. Mayo

Mayo

16295L

SN Chorrain, Currane, Achill, Co. Mayo

Offaly

15638K

Monasteroris N. S. Edenderry, Co. Offaly

Roscommon

18061T

Scoil Mhuire Ballyleague, Lanesboro, Co. Roscommon

Roscommon

14966W

Kilteevan N S Roscommon

Sligo

19688W

Dromore West Central N. S., Dromore West, Sligo

Tipperary

17640H

Sc Naisiunta Colman Naofa Terryglass Nenagh Co. Tipperary

Tipperary

18322V

Drom N. S. Drom Templemore Co. Tipperary

Westmeath

18764H

Ardnagrath N.S., Walderstown, Athlone, Co. Westmeath

Westmeath

01731U

Ballynacargy Mixed NS Ballynacargy Co. Westmeath

Wexford

15883A

Killegney N S Killegney, Clonroche, Enniscorthy Co. Wexford

Wicklow

14829M

Redcross 1 N S Redcross, Co. Wicklow

School Curriculum

Regina Doherty

Ceist:

174 Deputy Regina Doherty asked the Minister for Education and Skills his views on embedding information literacy in the national school curriculum; and if he will make a statement on the matter. [33458/12]

Regina Doherty

Ceist:

175 Deputy Regina Doherty asked the Minister for Education and Skills his views on embedding information literacy in the secondary school curriculum; and if he will make a statement on the matter. [33461/12]

I propose to take Questions Nos. 174 and 175 together.

Attention to information literacy is a feature of the NCCA's ICT Framework: A structured approach to ICT in Curriculum and Assessment (2007) which is available to all primary and post-primary schools. There are no specific initiatives underway at the moment on information literacy at primary level but information literacy is an integral part of a student's on-going education. It harnesses the young person's natural sense of wonder. The primary curriculum promotes the importance of ICT as a resource which enriches the quality of teaching and learning across the curriculum.

The new Framework for Junior Cycle, proposed for introduction in schools in 2014, features six Key Skills that will be embedded in all junior cycle subjects and short courses. One of these is Managing Information and Thinking through which "learners improve their capacity to search for information from different sources. They also develop their skills in judging and discriminating between information. They develop strategies for organising information so that they can understand it and use it later" A key element of this skill is to "use ICT and digital media to access, manage and share knowledge".

The new Junior Cycle Framework also provides for short courses to be introduced in schools, some of which will be developed by the NCCA and some by schools themselves. A short course that the NCCA is currently working on is in the area of Digital Literacy which includes topics such as information literacy, personal safety online, digital storytelling, and online privacy.

The Senior Cycle curriculum explicitly espouses the central role of self-directed learning, a spirit of enquiry, critical thinking and problem solving. Recently revised syllabi contain references to the student as a researcher. This requires the skills of analysis of a range of data to make judgements based on the student's research. Such an approach is, in reality, at the heart of good practice in information literacy. Strategies to enhance the students information literacy skills are, as noted earlier, contained in the NCCA's ICT Framework document.

Schools Building Projects

Noel Harrington

Ceist:

176 Deputy Noel Harrington asked the Minister for Education and Skills if he will review clause 3.3a regarding turnover in the declaration of suitability for contractors for small works open procedure only in view of the economic downturn in the construction sector over recent years which has had a dramatic effect on turnover which may restrict suitable contractors from tendering; and if he will make a statement on the matter. [33466/12]

Contracting Authorities have an obligation to ensure that, as part of suitability assessment for projects, Contractors have adequate economic and financial capacity. The Turnover requirements are 1.5 times the project value, which for small projects of limited duration is not onerous. In that regard I do not propose to make any changes to the requirements.

Information and Communications Technology

Regina Doherty

Ceist:

177 Deputy Regina Doherty asked the Minister for Education and Skills the position regarding the policy of implementing the smart school initiative that every classroom here is to get a teaching laptop, software and digital projector; and if he will make a statement on the matter. [33476/12]

Between November 2009 and November 2010, my Department distributed some €92m directly to schools and VECs under the national ICT Infrastructure Grant Scheme. The main priority under this scheme is the equipping of each classroom with a teaching computer and digital projector. Once the baseline is in place schools can allocate any remaining funding under the scheme to other ICT equipment and software for educational use. A number of key support measures were taken to help schools get best value in the use of these devolved grants — in particular, the inclusion of schools in national purchasing frameworks for desktops, laptops, digital projectors and printers, the delivery of a national series of e-learning seminars for school leaders, and the provision of extensive guidance and training on the use of ICT in the classroom.

My officials are currently examining ways of assessing the impact of this funding. A survey will be carried out in the Autumn which will ascertain the availability of infrastructure and the integration of ICT in teaching, learning and assessment. Ireland's levels of ICT integration will be also benchmarked against international comparisons.

Enterprise Support Services

Dominic Hannigan

Ceist:

178 Deputy Dominic Hannigan asked the Minister for Education and Skills if there are any grants available for small businesses to send their employees on part-time courses to help them support and improve their business; and if he will make a statement on the matter. [33552/12]

I can confirm that Skillnets receives funding from the National Training Fund (NTF) through my Department to support companies from any sector or region to engage in training by co-investing in the delivery of training with member companies of networks. Skillnets works in partnership with enterprise, in particular SMEs, by supporting the development of flexible and effective training delivery methods and enterprise has full decision-making power and can customise training to its specific needs.

Companies can avail of subsidised training by joining a Skillnet network. The member companies contribute match funding to a ratio agreed by the network and Skillnets. Full details are available on the Skillnets website at www.skillnets.ie.

In addition, the full range of FÁS night courses are open to employees and these are available, on a fee paying basis, in the various FÁS Training Centres countrywide. Full details are available on the FÁS website at www.fas.ie.

Emergency Works Scheme

Paudie Coffey

Ceist:

179 Deputy Paudie Coffey asked the Minister for Education and Skills if he will provide an update on an emergency works application in respect of a school (details supplied) in County Waterford; and if he will make a statement on the matter. [33581/12]

The school referred to by the Deputy submitted a revised application for funding under my Department's Emergency Works Scheme to replace windows at their school. The application is currently being considered and the school authority will be advised of the decision as soon as possible.

Adult Education

Michael Creed

Ceist:

180 Deputy Michael Creed asked the Minister for Education and Skills if he has received representations from the National Adult Literacy Agency seeking to provide a place for adult learners on the education and training boards; and if he will make a statement on the matter. [33596/12]

In October 2011 the General Scheme of an Education and Training Boards Bill was referred to the Oireachtas Joint Committee on Jobs, Social Protection and Education. The General Scheme was also published at that time. Following discussions with this Department and relevant stakeholders, the Committee prepared a report which the Minister responded to at a meeting of the Committee on 25 January 2012. The General Scheme was then referred to the Office of the Parliamentary Counsel to the Government for formal drafting. It is hoped that the Bill will be published during the summer.

I have received representations from the National Adult Literacy Agency in relation to the membership of the new Education and Training Boards. Consideration will be given to those representations in the course of the drafting of the legislation.

Question No. 181 answered with Question No. 149.

Bullying in Schools

Seán Kyne

Ceist:

182 Deputy Seán Kyne asked the Minister for Education and Skills his plans to introduce statutory provisions to require the preparation and operation of safe schools programmes to combat bullying in schools and educational facilities in a holistic and community-centred approach; and if he will make a statement on the matter. [33637/12]

The Deputy may be aware that an Anti-Bullying Forum was held on Thursday 17th May bringing together a range of experts, support groups and representatives of the schools sector including parents and students. I was very pleased to open this important Forum and to provide an opportunity to explore with all the relevant stakeholders how best to tackle bullying in schools and to consider what changes or updating of existing practices and procedures are required to achieve this having regard to what is feasible to implement in the current financial climate.

The range of speakers on the day of the Forum included contributions from my Department, Professor Mona O'Moore of the Anti-Bullying Centre, Trinity College, representatives of the National Anti-Bullying Coalition (NABC), and contributors from the school sector from the various perspectives of school principal, parent and pupil. The Forum also gave other stakeholders an opportunity to give their views. The proceedings of the Forum were broadcast live over the internet and recordings of the day's events can be now viewed by accessing the Anti-Bullying Forum web page of my Department's website www.education.ie. The presentations of the various speakers can also be viewed and downloaded from this page.

As a follow on to holding the Forum itself, I invited the stakeholders and any other interested parties, including those unable to attend the event on the day, to submit their views on this important topic to my Department by 29th June 2012. I have also established a working group on tackling bullying in schools, including homophobic bullying, cyber bullying and racist bullying. The outcomes from the Forum together with the submissions from the stakeholders and other interested parties will assist the working group in its deliberations. This working group includes representatives of the Department of Education and Skills and the Department of Children and Youth Affairs, and will draw upon the expertise of a range of organisations throughout their work.

Weight of Schoolbags

Patrick O'Donovan

Ceist:

183 Deputy Patrick O’Donovan asked the Minister for Education and Skills if he has examined the weight of school bags been carried to school by children; his views on whether excessive weight been carried on children’s backs has the potential to cause injury; if he provides assistance to schools to install locker facilities for school books; and if he will make a statement on the matter. [33659/12]

My Department issued Circular M35/05 in 2005 to highlight the potential health hazard of overweight schoolbags and to outline a range of local measures that could be put in place to help alleviate the problem. The circular referred to the recommendations of the previously published report of the Working Group on the Weight of School Bags. This report acknowledged that many of the solutions belong at local school level and made various recommendations in this regard, such as optimum use of storage facilities, developing pupil organisation skills and timetabling.

It is a matter for each individual school to determine which particular measures are most suited to its individual circumstances and to how the school concerned organises teaching and learning. The circular and the report of the Working Group on the Weight of School Bags are available on my Department's website at www.education.ie.

Schools Building Projects

Patrick Nulty

Ceist:

184 Deputy Patrick Nulty asked the Minister for Education and Skills if a school (details supplied) in Dublin 15 is included in the capital programme for school buildings improvements; and if he will make a statement on the matter. [33713/12]

The building project for the school referred to by the Deputy is currently at an early stage of architectural planning. The Design Team are currently working on the Stage 2a submission (Developed Sketch Design) of the design process. This project was not included in the Capital Programme, which I announced in March of this year. School building projects currently in architectural planning, including the project referred to by the Deputy, will continue to be advanced incrementally over time within the context of the funding available.

Budget 2013

Terence Flanagan

Ceist:

185 Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will address the following concerns regarding budget 2013 (details supplied); and if he will make a statement on the matter. [33184/12]

As the Deputy is no doubt aware I do not comment on Budget measures prior to Budget Day.

Flood Prevention Measures

Noel Harrington

Ceist:

186 Deputy Noel Harrington asked the Minister for Public Expenditure and Reform the position regarding the Skibbereen flood plan, County Cork; if the various stages are now six months behind schedule; his plans to bring this plan back on schedule; the planned completion date; when an application by Cork County Council made in March 2012 for addition funds for minor flood mitigation works will be processed and a decision communicated to the council; and if he will make a statement on the matter. [33474/12]

Following the allocation of funding by the Office of Public Works, Cork County Council appointed consultants in February 2011 to carry out a Study aimed at bringing forward proposals for a flood relief scheme for Skibbereen. The process of establishing the most appropriate solution from the technical, social, environmental and economic perspectives, from the range of potential mitigation options requires detailed technical analysis and extensive consultation with stakeholders. Timelines for the various stages are difficult to predict with accuracy, particularly given the range of issues that can arise. The Study has been progressing satisfactorily, with two public information days held in the town as part of the consultation process, the first on 23 March 2011 and the second on 25 January, 2012. These public consultations have helped to inform the development of a preferred option for the scheme which is now emerging.

It was envisaged at the commencement of the Study that the emerging scheme would be brought through the planning process by Cork County Council under the Planning and Development Regulations. However, it has recently been agreed that the scheme should be progressed by the Council as OPW's agents using the Arterial Drainage Acts.

The proposed scheme will, therefore, be brought forward by means of formal Public Exhibition under the Arterial Drainage Acts. It is expected that the Exhibition will take place in the latter half of 2012. This is in line with the schedule outlined at the second public information day. Subject to a successful exhibition, the scheme will be progressed through detailed design and the procurement process for a civil works contractor. The scheme will then be submitted for Confirmation under the Arterial Drainage Acts to the Minister for Public Expenditure and Reform. It is envisaged that this will be in the second half of 2013.

In relation to minor works, Cork County Council was allocated funding of €10,000 under OPW's Minor Flood Mitigation Works Scheme in 2011 for some cleaning works on the River Ilen. A further application for funding for cleaning works was submitted by the Council in 2012 and is currently being considered in the light of the current criteria and the availability of resources for flood risk management, with a decision expected in the coming weeks.

Ministerial Staff

Billy Kelleher

Ceist:

187 Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform the names of each special adviser to each Minister and Minister of State for whom he approved a pay increase in excess of the Government cap; the amount involved in each case; and if he will make a statement on the matter. [33720/12]

I refer the Deputy to the reply I gave to PQ Ref 32379/12 on Wednesday 4th July 2012.

Flood Prevention Measures

Billy Kelleher

Ceist:

188 Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform the Office of Public Works plans to implement its plans for the alleviation of flooding in Clonakilty, County Cork; and if he will make a statement on the matter. [33722/12]

In relation to the identification of measures to address flooding issues on a long-term basis, the Office of Public Works is continuing to progress the programme of Catchment Flood Risk Assessment and Management (CFRAM) Studies. The studies will recommend an integrated management plan and prioritised measures to address flood problems in areas where there is significant risk in each major catchment in the country.

Clonakilty has been identified as an Area for Further Assessment (AFA) under the South West CFRAM study and will therefore be subject to a full flood risk analysis to identify appropriate mitigation measures.

I am very aware of the impact of the flooding of 28th June, 2012, having visited the town last week to meet with those affected and inspect the damage.

Following the flood event of 2009, the Office of Public Works provided funding of €350,000 to Cork County Council under the Minor Flood Mitigation Works Scheme for a serious of works to improve the capacity of the River Fealge, which burst its banks in November, 2009. Cork County Council has completed some of the required works and other works are still in hand.

Following a recent event, I am advised the Council has submitted an application to this Office on 4th July, 2012 for further funding of €1.216m to complete these works and also to address further issues which have arisen in the wake of the June event.

The current application submitted by Cork County Council will be considered having regard to the CFRAM study.

Parking Regulations

Sean Fleming

Ceist:

189 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the proposals being considered by the Office of Public Works to introduce an element of pay parking within the Phoenix Park, Dublin, if he favours such proposals; and if he will make a statement on the matter. [33036/12]

The Office of Public Works has no immediate plans to implement paid parking within Phoenix Park. However the present parking practices pose particular issues for the Park in terms not only of its management, conservation and presentation as a very special historic landscape but also because of the inconvenience posed to users wishing to enjoy the recreational and amenity facilities.

The recently published Conservation Management Plan identified the restriction of free public parking in continuous periods of more than 3-4 hours as one item for consideration. Plans will be developed on this in due course.

Proposed Legislation

Stephen S. Donnelly

Ceist:

190 Deputy Stephen S. Donnelly asked the Minister for Public Expenditure and Reform with regard to the Public Service Pensions (Single Scheme) and Remuneration Bill, if he will provide the national employer contributions for the groups listed in the rates of contribution table on page 21 of the Bill, which would be required in a funded scheme with the same employee contributions and benefits; and if he will make a statement on the matter. [33059/12]

The Comptroller and Auditor General's (C&AG) special study on public service pensions in 2009 estimated the annual pension cost for public servants to range between 10% and 41%. The new scheme will reduce these costs by approximately one-third. The employee contribution in the Single Scheme continues to be 6.5% (3% on pensionable pay and 3.5% on net pensionable pay (i.e. reduced for social welfare integration)), which nets to an average contribution of about 5% of total pay for most public servants.

There is no fund as public service schemes are pay-as-you-go. Employee contributions are actual in that pay is reduced to account for these. Employer contributions are estimated as being that figure necessary to fund the retirement benefits, were a fund to exist, after employee contributions are taken into account.

The C&AG derived employer contribution rates for various categories of staff in his 2009 report — see Table below. Without carrying out a substantial and expensive actuarial exercise, the best estimate is to reduce the employer rates derived by the C&AG below for each category in line with overall one-third reduction and that means approximately a 10% or higher employer contribution in the new scheme for the majority of public servants.

Table

Notional contribution rates — post 2005 male entrants (C&AG Report 2009)

Categories from C&AG

gross contribution rate

Employee contribution

Current notional employer rate

Single Scheme notional employer rate

Established CS

24.6%

4.6%

20.0%

11.8%

Non-Established CS

9.5%

0.3%

9.2%

6.0%

Primary Teacher

20.5%

4.9%

15.6%

8.8%

Post-Primary Teacher

23.1%

4.9%

18.2%

10.5%

Garda

29.6%

5.1%

24.5%

14.6%

Prison Officer

27.8%

4.5%

23.3%

14.0%

Commissioned Officer

41.2%

4.8%

36.4%

22.7%

Enlisted Personnel

22.4%

0.4%

22.0%

14.5%

Consultant

25.9%

6.0%

19.9%

11.3%

Nurse (general)

17.7%

4.7%

13.0%

7.1%

Established in NCSSB

22.7%

4.9%

17.8%

10.2%

Departmental Staff

Simon Harris

Ceist:

191 Deputy Simon Harris asked the Minister for Public Expenditure and Reform the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33115/12]

The following shows the number of staff who took sick leave of more than five, ten, fifteen, twenty days and twenty-one days or over in 2011 in all agencies, offices or other bodies reporting to my Department except the Office of Public Works where the information requested is not readily available but, in relation to the Established staff, will be extracted and forwarded directly to the Deputy. As regards the State Industrial Employees the information is not readily available as it is not recorded in a manner that would facilitate a retrieval of the data in the manner requested.

More than 5 days taken — 114 staff.

More than 10 days taken — 48 staff.

More than 15 days taken — 29 staff.

More than 20 days taken — 16 staff.

21 days or over taken — 53 staff.

Additionally details of the length of the ten highest incidences of sick leave across these bodies as requested by the Deputy are as follows:

1-229 days.

2-209 days.

3-165 days.

4-162 days.

5-146 days.

6-119 days.

7-116 days.

8-112 days.

9-92 days.

10-71 days.

It should be noted that the sick days shown above include a mix of paid, half pay and unpaid leave. Furthermore it should be noted that Civil Service sick leave policy dictates that where a period of sick leave spans a weekend, public holiday, or any other day on which the officer was not required to work, and the officer remains on sick leave on the day(s) after the non-working days, those non-working days should be counted as sick leave.

Flood Prevention Measures

Billy Kelleher

Ceist:

192 Deputy Billy Kelleher asked the Minister for Public Expenditure and Reform the remedial works to be carried out in Glanmire, County Cork, to prevent any future flooding, regardless of its nature, to protect homes and businesses and if he will outline the time frame envisioned; and if he will make a statement on the matter. [33176/12]

In relation to the identification of measures to address flooding issues on a long-term basis, the Office of Public Works is continuing to progress the programme of Catchment Flood Risk Assessment and Management (CFRAM) Studies, which is due for completion at end 2015 in accordance with the EU Floods Directive. The studies will recommend an integrated management plan and prioritised measures to address flood problems in areas where there is significant risk in each major catchment in the country.

I am very aware of the impact of the severe flooding of 28th June 2012 in Glanmire and other areas in Cork.

Specifically, in relation to Glanmire, the recent flood events of June 2012 will be analysed and the results incorporated into the CFRAM Plan for the South-West. The Plan will set out clearly a proposed phasing framework for the flood risk management measures for all catchments within the South West River Basin District including the Glashaboy River.

In conjunction with these comprehensive studies, the OPW continues to provide funding under the Minor Flood Mitigation Works and Coastal Protection Scheme to local authorities, to undertake minor flood mitigation measures to address localised flooding and coastal erosion problems within their administrative areas.

Cork County Council has recently submitted a minor works application for funding to undertake a study of the Glashaboy River catchment following the serious flooding which affected the Meadowbrook housing Estate (45 houses flooded) and the Hazelwood Shopping Centre (10 units flooded) in Glanmire. This application will be assessed in accordance with the current criteria, the availability of resources for flood risk management and will also have regard to the outcome of the CFRAM process.

Over €2.6m has been allocated Under the Minor Works Scheme to date for projects in Cork city and county.

Public Sector Staff

Noel Harrington

Ceist:

193 Deputy Noel Harrington asked the Minister for Public Expenditure and Reform if he will state the exceptions that have been permitted to the public service embargo; the number of vacancies permitted to be filled; if he will indicate where he expects recruitment; the numbers involved to be permitted over the next 18 months; and if he will make a statement on the matter. [33342/12]

The latest available data on moratorium exceptions, which covers the period to the end of the first quarter 2012 will be forwarded to the Deputy as requested.

The Employment Control Framework (ECF) for 2012 set a ceiling of 294,400 on public service staffing numbers by the end of this year. This will allow scope for some targeted recruitment of up to 3,000 in 2012 so as to address needs in key areas of front-line services, particularly in the Health and Education Sectors and other strategic requirements including the EU presidency in 2013. Final decisions of where recruitment will actually arise will obviously depend on (a) where vacancies arise as staff retire, (b) how Departments and organisations decide to reorganize and reallocate work, (c) the business case made for the filling of any particular post, and (d) the decision made on this business case in the light of other priority demands.

It is part of the day to day function of the Boards and Management of all public bodies to assess, budget and plan for current and ongoing staffing requirements within the context of reducing public service numbers. In support of this, the Strategic Workforce Planning Groups in each sector are currently ensuring that sectoral employers develop plans to deal on an ongoing basis with the operational and strategic consequences arising from the reductions in public service staffing numbers.

Departmental Staff

Michael Conaghan

Ceist:

194 Deputy Michael Conaghan asked the Minister for Public Expenditure and Reform if he has set a time limit within which individuals awaiting redeployment must be fully redeployed; and if he will make a statement on the matter. [33554/12]

The Public Appointments Service (PAS), which has day-to-day operational responsibility for the implementation of redeployment, has put in place a system of Resource Panels of Civil Service and State Agency staff to support the redeployment processes in those sectors agreed under the Croke Park Agreement. Posts to be filled by redeployment are offered in the first instance to the relevant panel or panels. It is a matter for the employer to identify the number and grades of posts to be redeployed in the first instance and to upload the posts onto the PAS panels. Employers can do this early in the redeployment process to maximise the opportunities to place their staff. There is no set time-limit within which individuals awaiting redeployment must be redeployed.

To ensure an effective system, Personnel Officers in sending and receiving organisations have been asked to put a dedicated Redeployment Liaison Officer in place to proactively manage the redeployment of staff. In addition, my Department works on an ongoing basis with PAS and other stakeholders to improve the efficiency and effectiveness of the redeployment processes and of the panel system in particular.

Employment Rights

Michael Conaghan

Ceist:

195 Deputy Michael Conaghan asked the Minister for Public Expenditure and Reform if a person who has held three consecutive fixed-term contracts with a body under the aegis of a Government Department is considered permanent and a public servant. [33555/12]

A person who has held three consecutive fixed-term contracts would not necessarily be entitled to a permanent post in the civil or public service. However such a person would be protected by the Protection of Employees (Fixed-Term Work) Act 2003 which allows for the renewal of existing or granting of new contracts where there are valid reasons for doing so. Only if the Body concerned failed to comply with the terms of the Act would the question of any entitlement to a contract of indefinite duration arise.

Any person employed in the civil or public service on a fixed-term contract would be regarded as a temporary civil or public servant.

Departmental Correspondence

Peadar Tóibín

Ceist:

196 Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if he will consider reopening the issues in respect of a person (details supplied) if he became aware of additional or new information on the case. [33007/12]

The issues referred to by the Deputy were examined by the appropriate authorities, including the Office of the Ombudsman and no basis for any complaint was upheld. Any new evidence in relation to this matter should be brought to the attention of the relevant authorities for appropriate attention.

Departmental Staff

Simon Harris

Ceist:

197 Deputy Simon Harris asked the Minister for Jobs, Enterprise and Innovation the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33113/12]

The table below shows the breakdown of sick leave in the categories requested:

Table

0.5-5.5 days

296

6-10.5 days

132

11-15.5 days

61

16-20.5 days

39

21 days and over

119

242 staff of my Department took no sick leave in 2011.

There were 230 available working days per staff member in 2011. The ten highest instances of sick leave were as follows:

Table

1

230

2

230

3

230

4

230

5

203

6

189

7

168

8

144

9

132

10

116

In general, sick absences of up to 183 days (uncertified and certified combined) in any 12-month period, counting back from the date of the most recent absence, will be on full pay, subject to submission of valid medical certificates and social welfare forms (where applicable).

Once 184 days' sick absence has been reached in any 12-month period, pay is reduced to half of normal pay. If sick absence continues, paid sick leave will be exhausted once 365 days' sick leave have been taken in any 4-year period, counting back from the most recent absence. Staff who have more than five years' pensionable service may, when paid sick leave has been exhausted, qualify for "pension rate of pay", subject to the agreement of the Chief Medical Officer (CMO). Pension rate of pay is the rate of pay such a person would receive if they were, at that time, retiring from the Civil Service on grounds of ill-health.

With regard to the Agencies under the aegis of the Department, the management of sick leave is a day to day matter for the Agencies and I have asked each Agency to contact the Deputy directly in response.

Departmental Bodies

Stephen S. Donnelly

Ceist:

198 Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation if he is prepared to meet representatives of the Consumers Association of Ireland to discuss the organisation’s urgent financial position; and if he has communicated such to the association following its repeat requests for a meeting. [33181/12]

I recently met with the Consumers' Association of Ireland which apprised me of its current financial position. The Association also raised the possibility of future exchequer support. I advised the Association that, notwithstanding difficulties it may be experiencing in managing its finances, Exchequer support could only be considered where the expending of public funds would represent value for money. In the light of our discussion, I understand that the Association intends to submit a proposal to seek Exchequer support in the coming weeks. Any proposal submitted by the Association will have to demonstrate that it represents value for money, which is the requirement in respect of the expenditure of all public moneys.

Employment Rights

Terence Flanagan

Ceist:

199 Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation the position regarding joint labour committee rates in respect of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [33211/12]

Joint Labour Committee, Employment Regulation Orders no longer have the force of law. However, the Government is currently progressing legislation to provide for a new system of Employment Regulation Orders.

The judgment of Mr. Justice Feeney delivered,in the High Court, on the 7th of July 2011 declaring that the provisions of sections 42, 43, and 45 of the 1946 Industrial Relations Act and section 48 of the 1990 Act are invalid having regard to the provisions of Article 15.2.1 of the Constitution of Ireland means that Joint Labour Committee Employment Regulation Orders (EROs) no longer have the force of law.

Accordingly, the rates of pay provided in all ERO's formulated by JLCs ceased to be legally enforceable from the date of the High Court ruling and employees in employment sectors previously regulated by ERO's now come within the ambit and the pay rates provided for under the National Minimum Wage Act 2000.

Contractual entitlements which employees enjoyed prior to 7th July 2011 remain protected by law unless changed by agreement with employers. An employee's rate of pay is a term/condition of their contract of employment (employees have a contract of employment or terms of employment whether notified in writing or not). Any change in an employee's terms or conditions of employment would normally be by agreement between the parties. Such agreement can be expressed or implied, tacit or by acquiescence (i.e it can be formally agreed, informally or verbally agreed or accepted by the employee).

Any dispute arising in relation to the operation of employment contracts/conditions falls to be settled either between the parties involved or by availing of the State's industrial relations dispute settlement machinery as provided for under the Industrial Relations Acts. In the event of the parties being unable to resolve a dispute relating to conditions of employment, it is open to the parties to refer the matter to the Labour Relations Commission for investigation under the Industrial Relations Acts (for such an investigation to commence the consent of both parties to participate is required).

The Payment of Wages Act 1991 provides that non-payment of wages or any deficiency in the amount of wages properly payable by an employer to an employee is regarded as an unlawful deduction from wages unless the deficiency or non-payment is attributable to an error of computation.

If an employee considers a reduction in their wages to be an improper deduction from wages or non-payment of wages, the employee may consider referring a complaint to a Rights Commissioner under the Payment of Wages Act

Alternatively if an employee considers a reduction to be a breach of their employment contract they may seek redress for breach of contract in the civil courts.

The Industrial Relations (Amendment) (No. 3) Bill 2011, published on 22 December 2011, is progressing through the legislative process. The main purpose of the Bill is to implement the commitment in the Programme for Government to reform the Joint Labour Committee system. The Bill provides for the more comprehensive measures required to strengthen the legal framework for the EROs and Registered Employment Agreement sectoral wage setting mechanisms, under the Industrial Relations Acts 1946 to 2004, in the light of deficiencies in the original legislation.

Work Permits

Noel Harrington

Ceist:

200 Deputy Noel Harrington asked the Minister for Jobs, Enterprise and Innovation if he has examined the proposals of an organisation (details supplied) to create special technology visas for skilled workers in the ICT sector to make it easier for them to work and live here, and lead to the creation of 20,000 further jobs; his views on this proposal; if he will promote such a visa to the Department of Justice and Equality; and if he will make a statement on the matter. [33311/12]

Ireland remains a very open and welcoming country for non-Irish nationals in our Labour Force. Quarter 1 2012 labour market statistics show there are 274,000 non-Irish nationals in our labour force of just over 2 million. Ireland remains a very attractive location for Foreign Direct Investment. Favourable demographics and consistent investment in education ensure a plentiful supply of highly qualified workers with excellent technical, language and customer services capabilities, as well as a reputation for flexibility and innovation. In addition, Irish employers have access to the EU and EEA labour force in accordance with EU law on freedom of movement or Accession Treaties.

I would advise the Deputy that for specified highly skilled and strategically important occupations, where a skills shortage exists, Green Card employment permits may be issued. ICT professionals, professional engineers and technologists are specifically catered for under this scheme. The Green Card permit is issued to the employee and allows his or her employment in the State by the named employer in the occupation specified on the permit. It may be issued for a period of two years. The employee may apply for immediate family re-unification and an application for long-term residence may be made after two years. No labour market needs test (e.g. newspaper and FÁS/EURES advertising) is required prior to making an application. Sensibly, it is a requirement that no more than 50% of staff employed by a company in Ireland may be employment permits holders.

In addition my officials advise me that in 2011 we received 6408 new applications for permits of all kinds and that new permits issued in respect of 5200, or 81% of these cases. Notwithstanding this the Employment Permit structure and procedure has been designed and maintained to ensure that it is responsive to Irish labour market conditions while ensuring that key specific skills are available to ensure that the Irish economy expands and develops.

Work Permits

Noel Harrington

Ceist:

201 Deputy Noel Harrington asked the Minister for Jobs, Enterprise and Innovation if he has examined the proposals of an organisation (details supplied) to create special technology visas for skilled workers in the ICT sector to make it easier for them to work and live here, and lead to the creation of 20,000 further jobs; if he has examined the potential of Irish third level colleges to produce enough graduate and postgraduate students in the next year; the next three years and the next five years, to satisfy the job requirements of this sector; and if he will make a statement on the matter. [33312/12]

Ireland remains a very open and welcoming country for non-Irish nationals in our Labour Force. Quarter 1 2012 labour market statistics show there are 274,000 non-Irish nationals in our labour force of just over 2 million. Ireland remains a very attractive location for Foreign Direct Investment. Favourable demographics and consistent investment in education ensure a plentiful supply of highly qualified workers with excellent technical, language and customer services capabilities, as well as a reputation for flexibility and innovation. In addition, Irish employers have access to the EU and EEA labour force in accordance with EU law on freedom of movement or Accession Treaties.

With regard to the specific issue of employment permits for specified highly skilled and strategically important occupations, where a skills shortage exists, Green Card employment permits may be issued. ICT professionals, professional engineers and technologists are specifically catered for under this scheme. The Green Card permit is issued to the employee and allows his or her employment in the State by the named employer in the occupation specified on the permit. It may be issued for a period of two years. The employee may apply for immediate family re-unification and an application for long-term residence may be made after two years. No labour market needs test (e.g. newspaper and FÁS/EURES advertising) is required prior to making an application. Up to 50% of staff employed by a company in Ireland may be employment permits holders.

The Department also operates an Intra-Company Transfer (ICT) scheme. This scheme is designed to facilitate the transfer of senior management, key personnel or trainees who are foreign nationals from an overseas branch of a multinational corporation to its Irish branch. Up to 5% of the entire workforce may have such ICT Permits. However for startups this level may be increased on a case by case basis for an initial period. No labour market needs test is required in respect of an application for an Intra-Company Transfer permit. Certain basic criteria must be met.

I should add that the Government is also guided by the Expert Group for Future Skills Needs and keeps its permit policy under review and can adapt to changing circumstances.

Finally, I would like to advise the Deputy that issues regarding skills availability through the third level colleges and graduate and postgraduate students are primarily a matter for my colleague the Minister of Education and Skills. However, a report produced in January by the Expert Group on Future Skills Needs (EGFSN) entitled Addressing High-Level ICT Skills Recruitment Needs confirms that Ireland is a successful major centre for ICT operations with around 75,000 people employed in 8,000 companies. Indeed, ten of the top ICT companies in the world have substantial operations in Ireland.

The research undertaken by the Group, the Secretariat to which is provided by Forfás, indicates that the global ICT market is expected to grow by 5% between 2009 and 2014/15 with potential growth rate as high as 20% per annum over the next decade. In order to exploit these opportunities, however, it is crucial to ensure that Ireland's labour force is appropriately skilled. In this context the Group's report found that there are a range of skills and recruitment difficulties within the ICT sector with the result that, as at December 2011, there were approximately 1,800 vacancies in the sector. These vacancies arose mainly due to the lack of graduates with high-level ICT Honours Degrees and above which are required to fill such positions as Computer Software Engineers, ICT Network Specialists and Engineers, ICT Security Experts, ICT Telecommunications, ICT Project Managers and IT Sales and Marketing / Foreign Languages Skills Personnel. The report points out that this challenge is not unique to Ireland as such high level ICT skills are also in short supply globally.

In order to address these challenges I, along with my colleague, Mr. Ruairi Quinn, T.D., Minister for Education and Skills, subsequently launched the ICT Action Plan: Meeting the High Level ICT Skills Needs of Enterprise in Ireland. The Action Plan establishes an overreaching target of doubling the annual output from honours degree ICT undergraduate programmes to 2,000 graduates by 2018 and outlines a number of actions that will be implemented to ensure an increased output of appropriately skilled graduates in the medium term 2015-2018.

Proposed Legislation

Michael Healy-Rae

Ceist:

202 Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation with regard to the consumer and competition Bill if it will be expanded to include the banking sector and to enable laws to be passed to ensure that the consumer is protected in the event of unforeseen difficulties arising as is the case at present with many of our banks failing to fulfil their obligations to have money put into people’s accounts, such as when children’s allowance payments were not put into parents accounts despite the banks having received the payments from the Department; and if he will make a statement on the matter. [33439/12]

The matter referred to by the Deputy is essentially concerned with the operation of the payments system and the current difficulties being experienced by consumers and businesses alike.

Regulatory responsibility in relation to the national payments system lies with the Central Bank. The Deputy will be aware that the Central Bank is actively engaged with the financial institution concerned and with other institutions in the payments/clearing system to ensure that the current difficulties are resolved as a matter of urgency and also to ascertain what precisely happened in this instance. Once its investigations are concluded, I understand that the Bank will bring any deficiencies in the operation and the legal framework supporting the national payments system to the attention of my colleague, the Minister for Finance who has primary policy responsibility for legislative initiatives in this area.

Employment Appeals Tribunal

Robert Troy

Ceist:

203 Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation the position regarding an employment appeal in respect of a person (details supplied) in County Westmeath. [33576/12]

The Employment Appeals Tribunal is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations.

However, having made enquiries, I understand that the Tribunal has already issued notices of hearing to the parties and that the hearing is scheduled to take place on 1st August 2012 in Naas.

The Employment Appeals Tribunal has seen a significant increase in its caseload in recent years, as it is one of the front-line services directly impacted upon by the economic downturn. The largest increase in claims has been in redundancy appeals but other types of claims have also increased. Regrettably, this has increased the time it takes for a claimant to have his or her case heard. All appeals are listed for hearing in accordance with their date of lodgment with the Tribunal.

The Tribunal has been pro-active in driving efficiencies. Divisions of the Tribunal are sitting longer, hearing more cases per sitting and seeking to manage the caseload to maximise efficiency. These efficiencies have resulted in improvements to the service provided and delivered significant increases in output and the number of cases disposed of, in both 2010 (30%) and a further 11% in 2011, with a further 11% increase to date in 2012 over the same period in 2011.

Notwithstanding the efforts of the Tribunal, I believe that the delays that users of the service are experiencing are unacceptable. This is one of the reasons I am undertaking a root and branch reform of all five Workplace Relations Bodies.

The Reform Programme I have commenced will deliver a two tier Workplace Relations structure by merging the activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court into a new Body of First Instance, to be known as the Workplace Relations Commission (WRC). The appellate functions of the Employment Appeals Tribunal will be incorporated into an expanded Labour Court. Work has commenced on the drafting of a Workplace Relations Bill to give effect to the new two-tier structure.

The purpose of the Reform Programme is to provide a more efficient and effective system of resolving employment disputes. Substantial progress has already been made in this regard. For example, the establishment of a Workplace Relations Single Contact Portal from January this year has resulted in all complaints now being acknowledged and respondents notified within, on average, 5 working days of receipt of the complaint. In some cases this was taking up to eight months. This service enhancement increases the likelihood of employers and employees resolving issues sooner and has substantially reduced the backlog for certain hearings. I understand that the backlog for Rights Commissioner hearings has effectively been eliminated.

The service improvements have also been underpinned by the launch from January this year of a Single Complaint Form for all first instance workplace relations complaints. A Pilot Early Resolution Service commenced on 14th May this year. This service will provide the opportunity in certain cases for employers and employees to resolve issues without recourse to formal adjudication hearings, thus relieving pressure on adjudication services such as the Rights Commissioner Service and the EAT.

The two tier model now being designed will deliver a just, fair and efficient adjudication service provided by independent, professional and impartial decision-makers with a target period of three months from the time of complaint to hearing, and written, reasoned decisions within 28 working days of the hearing with published decisions. Finally, I also intend to provide for a more effective method of enforcing the awards of adjudicators.

Youth Enterprise Initiatives

John Lyons

Ceist:

204 Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation if he has considered any youth specific enterprise initiatives to encourage entrepreneurial activity; and if he will make a statement on the matter. [33586/12]

The role of the County and City Enterprise Boards (CEBs) is to develop indigenous potential and stimulate economic activity at a local level primarily through the provision of financial and technical support for the development of small and micro-enterprises that employ less than ten people.

Encouraging and promoting a youth enterprise culture is an important area of activity for the enterprise boards. Through various programmes and initiatives, the CEBs seek to influence student attitudes in favour of enterprise. To that end, the CEBs continue to reinforce entrepreneurship in the education system as a critical element in the future development of small business in Ireland. A number of initiatives are provided by the CEBs at both primary and secondary level including, the annual Student Enterprise Awards, Exploring Enterprise, Celtic Enterprise and Bí Gnóthach Enterprise. Over 20,000 students a year now participate in the various CEB-supported programmes implemented in the education sector. Further information on the initiatives run by the CEBs is available at www.enterpriseboards.ie.

Enterprise Ireland has a wide range of programmes to address the multi-disciplinary demands of entrepreneurship and the diversity of business types, regardless of the age profile of a project promoter. The agency supports companies, employing ten or more people, to achieve productivity gains, internationalisation and export growth. It assists with research and development, management skills acquisition, market information and seed and venture capital. The Deputy may wish to access full details of the agency's programmes on its website www.enterprise-ireland.com.

Youth Unemployment

John Lyons

Ceist:

205 Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation if he has considered using the European Progress Microfinance Fund as a source of funding for youth unemployment initiatives; and if he will make a statement on the matter. [33587/12]

Youth unemployment initiatives are the responsibility of my colleague, the Minister for Education and Science. I am in the process of introducing a Microfinance Loan Fund, which has a significant entrepreneurship focus, for all would-be entrepreneurs including young entrepreneurs who are unemployed. Loans will be made available to start-up, newly established, or growing microenterprises, with viable business propositions, that do not meet the conventional risk criteria applied by banks. The potential viability of the business proposal will be the dominant factor in all credit decisions. However, I believe that the Fund will be of particular benefit to young entrepreneurs, as they do not have the advantage of a favourable credit history and therefore, may be categorised as a high risk by the banks. Loans from the Microfinance Loan Fund will be administered under the remit of the Social Finance Foundation on behalf of the Minister for Jobs, Enterprise and Innovation.

The European Progress Microfinance Facility is a European Investment Fund (EIF) initiative to support entrepreneurship and employment through microfinance activities. Capped guarantees may be provided to eligible intermediaries partially covering their portfolios of micro-loans, or loan facilities may be availed of to increase lending to micro-enterprises. Initial engagement has taken place between the Social Finance Foundation and the EIF in relation to availing of the EU Progress Microfinance Guarantee Facility. Formal application will be made for the EU Progress Microfinance Guarantee Facility following enactment of the legislation, which provides for the establishment of the microfinance lending entity, Microfinance Ireland. A rigorous due diligence process is required to secure EIF accreditation.

Departmental Bodies

Seán Kyne

Ceist:

206 Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation if he will report on the progress made in implementing those recommendations categorised as immediate, short and medium term of the Small Advisory Group’s Report entitled The Voice of Small Business for which he has been designated as having lead responsibility. [33641/12]

The Minister for Small Business, John Perry, chairs the Advisory Group on Small Business. This group published the Voice of Small Business Report in 2011, which was submitted to the Minister for Jobs, Enterprise and Employment as the recommended small business actions for consideration in the Action Plan for Jobs. The Voice of Small Business contains fifty-seven actions across twelve broad policy areas. Thirty-four of the Advisory Groups actions/recommendations were included in the Action Plan for Jobs. The Action Plan for Jobs first Quarterly Report shows that twelve of the thirty-four actions met their Quarter 1 timeline (the others have varying timelines). This full Progress Report is published on the Department of Jobs, Enterprise and Innovation website. One action, the publication of the Official 15 Day Prompt Payment Notice is fully implemented. Twenty-two further actions have different timelines but will be progressed over the remainder of 2012.

Skills Development

Seán Kyne

Ceist:

207 Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation the procedures in place to ensure cross-departmental co-operation for the filling of strategically important vacancies at companies in highly globalised and competitive industries when such companies have encountered clear difficulties in sourcing Irish and EU citizens with the requisite skills. [33646/12]

There is close strategic alignment across Government in both identifying and responding to the skills needs of highly globalised and competitive industries operating in Ireland. The Expert Group on Future Skills Needs (EGFSN) advises the Irish Government on current and future skills needs of the economy and on other labour market issues that impact on Ireland's enterprise and employment growth. It has a central role in ensuring that labour market needs for skilled workers are anticipated and met. Forfás, under my Department, in conjunction with FÁS, under the Department of Education and Skills provides the EGFSN with research and secretariat support.

A report produced in January by the EGFSN entitled Addressing High-Level ICT Skills Recruitment Needs confirms that Ireland is a successful major centre for ICT operations with around 75,000 people employed in 8,000 companies. Indeed, ten of the top ICT companies in the world have substantial operations in Ireland. The research undertaken by the Group, indicates that the global ICT market is expected to grow by 5% between 2009 and 2014/15 with potential growth rate as high as 20% per annum over the next decade. In order to exploit these opportunities, however, it is crucial to ensure that Ireland's labour force is appropriately skilled. In this context the Group's report found that there are a range of skills and recruitment difficulties within the ICT sector with the result that, as at December 2011, there were approximately 1,800 vacancies in the sector. These vacancies arose mainly due to the lack of graduates with high-level ICT Honours Degrees and above which are required to fill such positions as Computer Software Engineers, ICT Network Specialists and Engineers, ICT Security Experts, ICT Telecommunications, ICT Project Managers and IT Sales and Marketing/Foreign Languages Skills Personnel. The report points out that this challenge is not unique to Ireland as such high level ICT skills are also in short supply globally.

In order to address these challenges from domestic sources I, along with my colleague, Mr. Ruairi Quinn, T.D., Minister for Education and Skills, subsequently launched the ICT Action Plan: Meeting the High Level ICT Skills Needs of Enterprise in Ireland. The Action Plan establishes an overreaching target of doubling the annual output from honours degree ICT undergraduate programmes to 2,000 graduates by 2018 and outlines a number of actions that will be implemented to ensure an increased output of appropriately skilled graduates in the medium term 2015-2018.

As part of my Departments policies for attracting employees for specified highly skilled and strategically important occupations, where a skills shortage exists, Green Card employment permits may be issued. The Green Card permit is issued to the employee and allows his or her employment in the State by the named employer in the occupation specified on the permit. It may be issued for a period of two years. The employee may apply for immediate family re-unification and an application for long-term residence may be made after two years. No labour market needs test (e.g. newspaper and FÁS/EURES advertising) is required prior to making an application. Up to 50% of staff employed by a company in Ireland may be employment permit holders.

The Department also operates an Intra-Company Transfer (ICT) scheme. This scheme is designed to facilitate the transfer of senior management, key personnel or trainees who are foreign nationals from an overseas branch of a multinational corporation to its Irish branch. Up to 5% of the workforce may have ICT Permits. However for startups this may be waived on a case by case basis for an initial period. No labour market needs test is required in respect of an application for an Intra-Company Transfer permit. Certain criteria apply in the case of ICTs.

Also my Department operates the Researcher Mobility "Hosting Agreement" scheme, which provides for the entry into the State of researchers from Third Countries under Council Directive 2005/71/EC, which has operated very successfully since 2007. As an example of cross-Departmental co-operation, a Hosting Agreement Extranet was established enabling relevant key departments, such as Immigration authorities, Embassies and Consulates access to an electronic database thus expediting immigration procedures for third country researchers. The Extranet is operated and maintained by the Irish Universities Association.

Carer’s Allowance

Billy Kelleher

Ceist:

208 Deputy Billy Kelleher asked the Minister for Social Protection the process by which carer’s allowance appeals are being carried out; if there is a significant backlog; the average and maximum wait for appeals decisions; her views on the case of a person (details supplied); and if she will make a statement on the matter. [33299/12]

I am advised by the Social Welfare Appeals Office that for the first half of 2012 the current average times taken to process carer's allowance appeals decided by summary decision is 32.1 weeks and 45.3 weeks for those requiring an oral hearing. Generally the vast majority of cases fall within average times but extenuating factors, often outside of the control of the Social Welfare Appeals Office, will cause greater delays in some cases. In the light of this, if the most protracted cases are excluded (i.e. those received before January 2011), the relevant waiting times are 30.7 for summary decision and 38.7 weeks for those requiring an oral hearing. There are 1,606 carer's appeals pending at the end of June 2012.

By its nature and because it is a quasi-judicial process, the processing of appeals takes time and reflects the fact that, by definition, the appeal process cannot be a quick one. Once an appeal is received, there is a statutory requirement for a response to that appeal by a Deciding Officer addressing the contentions raised in the appeal. If new evidence is submitted, a review of the decision will be undertaken by the Department and this may involve a re-investigation of the appellant's circumstances. When the submission is received from the Department, in many cases there is a need to conduct an oral hearing of the appeal which requires the booking of a venue at a location convenient to the appellant, arranging the attendance of witnesses, notifying appellants and handling cancellations and this adds quite considerably to the time taken to process appeals.

In an effort to reduce the processing times, the Department has appointed 13 additional Appeals Officers since 2010. In addition, a further 10 Appeals Officers, formerly employed by the Community Welfare Service (CWS) of the Health Services Executive joined the Office as part of the integration of the CWS appeals services into the Social Welfare Appeals Office. This has brought the total number of Appeals Officers to 40. In addition to this, the Office has improved its business processes and IT support.

I am assured by the Chief Appeals Officer that she is keeping the methods of operation by which the Social Welfare Appeals Office conducts its business under constant review, and that the processes are continuously being enhanced to reduce the backlogs in the Office and, overall, to reduce the processing times for dealing with appeals. I am advised by the Social Welfare Appeals Office that an appeal for the person concerned has not, as yet, been received in that Office. The application is currently being processed by the Carer's Allowance section of the Department and an appeal to the Social Welfare Appeals Office will only arise in the event that the person is not satisfied with the decision of the Deciding Officer.

The Department is committed to delivering the best possible service to its customers. Currently the average time taken to award a carer's allowance application is 28 weeks. I acknowledge that the time taken to process carer's allowance claims at present is not satisfactory but a major service delivery modernisation project is underway to improve the efficiency of administration of the carer's allowance scheme. This involves the deployment of information technology solutions and associated business process re-organisation. It is anticipated that the new system will introduce significant processing efficiencies and a quicker and more responsive service to the customers. Full deployment of the new system for carer's allowance has been completed this month. In tandem with the full implementation of the new system, a comprehensive business process improvement exercise commenced on the 2nd July, the focus of which is to optimise performance and provide improved customer service. However it is expected to be a number of months before the backlog is reduced to an acceptable level.

Homeless Persons

Michael Healy-Rae

Ceist:

209 Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding emergency homeless accommodation (details supplied). [33440/12]

Eric J. Byrne

Ceist:

256 Deputy Eric Byrne asked the Minister for Social Protection the position regarding payments made to homeless young persons in transition from care (details supplied); and if she will make a statement on the matter. [33444/12]

Terence Flanagan

Ceist:

266 Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a query (details supplied) regarding youth homelessness; and if she will make a statement on the matter. [33477/12]

Peter Mathews

Ceist:

291 Deputy Peter Mathews asked the Minister for Social Protection her plans in respect of a person (details supplied) who are currently in receipt of welfare allowance; and if she will make a statement on the matter. [33715/12]

I propose to take Questions Nos. 209, 256, 266 and 291 together.

The €100 rate of jobseeker's allowance was introduced for claimants aged under 20 in April 2009, and this rate was applied to claimants aged up to 21 from December 2009. The €100 rate does not apply to certain categories of claimant including:

claimants with a qualified child;

those transferring to Jobseeker's Allowance immediately after exhausting their entitlement to Jobseeker's Benefit;

those making a claim for Jobseeker's Allowance where that claim is linked to a Jobseeker's Allowance claim made within the previous 12 months to which the maximum personal rate applied;

those transferring directly to Jobseeker's Allowance from Disability Allowance;

certain people who were in the care of the HSE during the period of 12 months before he or she reached the age of 18.

A rate of €144 applies to claimants aged 22-24. The adoption of these measures reflected the need to encourage more young jobseekers to improve their skills by either pursuing further study or accessing a labour market programme.

Receiving the full adult rate of a jobseekers payment without a strong financial incentive to engage in education or training can lead to welfare dependency. While many young people with low levels of education and training were able to get work in construction and other areas when the economy was doing well, they are likely to find it much harder to get work over the course of the next few years. The measures encourage young jobseekers to improve their skills and remain active in the labour market in order to avoid the risk of becoming long-term unemployed and will help them to progress into sustainable employment on a long-term basis. Where a person is in receipt of a rate of jobseeker's allowance described above and he or she participates in a course of education, training, Community Employment, Rural Social Scheme or Tús, the full normal rate of payment applicable to that course or scheme applies without any reduction for persons aged under 25.

I understand that Deputies have been contacted with regard to these measures following a campaign by Focus Ireland. My officials met with Focus Ireland in May, 2012 in relation to their concerns. These are being examined and further discussions are planned.

More generally, Deputies may wish to note that my Department's role with regard to persons who are homeless is mainly income maintenance. Under the social welfare system, homeless people have entitlements to the full range of social welfare schemes, including supplementary welfare allowance and associated supplements, subject to the normal qualifying conditions. My Department, through its work in the Homeless Persons Unit and the Asylum Seekers and New Communities Unit provides assistance to people in sourcing the most appropriate accommodation available. In addition, prison and hospital in-reach services are provided to explore accommodation options and, where necessary, liaise with local authorities to identify and source the most appropriate accommodation available for those who are homeless or at risk of homelessness. This ensures that where possible, people are diverted away from homeless services and towards community-based supports.

Departmental Staff

Dara Calleary

Ceist:

210 Deputy Dara Calleary asked the Minister for Social Protection if a person (details supplied) in County Sligo may extend their career break in her Department. [33539/12]

All applications for leave, including career breaks, are a matter for local management to consider and approve subject to the business requirements of the area at the time. The officer concerned is not currently on a career break from her position in the Department. An application for a six month career break received by her local management in September 2011 was not approved because of business demands at the time and difficulties finding replacement staff due to the moratorium on recruitment. The officer subsequently applied for a leave absence of thirteen weeks from 18th January 2012 to 18th April 2012, under the Shorter Working Year (SWY) scheme which was approved by her local management. The SWY scheme provides for temporary cover for the period of the absence and a temporary officer was recruited for the period up to the 18th April. In addition, a period of eight weeks special leave without pay up to the 20th June 2012 was approved. Following this a period of annual leave was approved up to 6th July 2012. The officer was due to report for duty on 9th July 2012, however, she failed to do and has since informed her manager that she remains out of the Country. Accordingly, she has been removed from the payroll and HR division is examining her current position.

The Deputy will appreciate that the pressures of work in my Department are substantial and, while managers make every effort to ensure family friendly policies and facilitate staff, the needs of the customer must be seen as a major priority for the Department.

Social Welfare Benefits

Stephen S. Donnelly

Ceist:

211 Deputy Stephen S. Donnelly asked the Minister for Social Protection if she will provide a breakdown of the cost of the survivor’s pension for the nearest year for which this is available; the number receiving this pension; and the total cost of the pension to the State. [33718/12]

There were 115,762 recipients of Widow's, Widowers or Surviving Civil Partner's Contributory Pension in December 2011 with 11,310 qualified children. The cost of the scheme was €1.34 billion for the year 2011. In addition, there were 1,959 recipients of Widow's, Widowers or Surviving Civil Partner's Non-Contributory Pension in December 2011 at a cost of €18.2 million for the year 2011.

Carer’s Allowance

Jim Daly

Ceist:

212 Deputy Jim Daly asked the Minister for Social Protection the position regarding a carer’s allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [32963/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of the case, a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Alowance

Jim Daly

Ceist:

213 Deputy Jim Daly asked the Minister for Social Protection the position regarding a carer’s application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [32964/12]

The application for carer's allowance from the person in question was refused on the ground that the care recipient is not in need of full-time care and attention as laid down in the regulations. The person in question has requested a review of this decision and has submitted further medical evidence in support of the application. Once the review is completed in this case the person in question will be notified directly of the outcome.

Carer’s Allowance

Sean Fleming

Ceist:

214 Deputy Sean Fleming asked the Minister for Social Protection when the carer’s allowance will be approved in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [32965/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of the case, a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Allowance

Michael McGrath

Ceist:

215 Deputy Michael McGrath asked the Minister for Social Protection the position regarding a carer’s allowance application in respect of a person (details supplied) in County Cork. [32971/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of the case, a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Allowance

Paschal Donohoe

Ceist:

216 Deputy Paschal Donohoe asked the Minister for Social Protection when a decision will issue on the review of a half rate carer’s allowance in respect of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [32976/12]

The application for carer's allowance from the person in question was refused on the ground that the care recipient is not in need of full-time care and attention as laid down in the regulations. The person in question has requested a review of this decision and has submitted further medical evidence in support of the application. Once the review is completed in this case the person in question will be notified directly of the outcome.

Rent Supplement Scheme

Billy Timmins

Ceist:

217 Deputy Billy Timmins asked the Minister for Social Protection the position regarding rent allowance in respect of a person (details supplied) in County Wicklow; if it will be granted as a matter of urgency; and if she will make a statement on the matter. [32984/12]

The person concerned made an application for rent supplement on 16th March 2012 and has been requested to provide further information in order to process her claim. A decision will be made on her application when the information has been provided.

Carer’s Allowance

John O'Mahony

Ceist:

218 Deputy John O’Mahony asked the Minister for Social Protection when a decision will be made on a review for a carer’s allowance in respect of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [32999/12]

The application for carer's allowance from the person in question was refused on the ground that the care recipient is not in need of full-time care and attention as laid down in the regulations. The person in question has requested a review of this decision and has submitted further medical evidence in support of the application. Once the review is completed in this case the person in question will be notified directly of the outcome.

Rent Supplement Scheme

Robert Dowds

Ceist:

219 Deputy Robert Dowds asked the Minister for Social Protection if there are any measures which she will introduce to make it easier for people who are in receipt of rent supplement to take up jobs without being hit by punitively high rents. [33002/12]

The purpose of the rent supplement scheme is to provide short-term income support, to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer. There are approximately 92,000 persons in receipt of rent supplement for which the Government has provided a sum of €436 million for 2012.

Rent supplement is calculated to ensure that an eligible person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to his or her family circumstances, less a minimum weekly contribution of €30 (€35 for couples) which each recipient is required to pay from his or her own resources. The existing rent supplement assessment provides for a gradual withdrawal of payment as hours of employment or earnings increase. Those availing of part-time employment and/or training opportunities can continue to receive rent supplement subject to their satisfying the standard means assessment rules. Where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, the first €75 of such additional income together with 25% of any additional income above €75 is disregarded for means assessment purposes. This ensures that those returning to work or participating in training schemes are better off as a result of taking up such an opportunity.

Rent supplement is not generally payable where a person or their spouse or partner is in full-time employment, i.e. for 30 hours or more a week. However, a person on rent supplement, who is accepted as eligible for accommodation under the rental accommodation scheme (RAS), may return to full-time work, subject to a means test, without losing entitlement to their rent supplement payment. The rental accommodation scheme gives local authorities specific responsibility for meeting the longer-term housing needs of people receiving rent supplement for 18 months or more. Details of these cases are notified regularly by my Department to the Department of the Environment, Community and Local Government.

On 16th June 2011, the Minister for the Environment, Community and Local Government and the Minister for Housing and Planning published a new housing policy framework statement. This framework statement reflects the content of the Programme for Government and sets out the principles to underpin the development of housing policy into the medium term. Specifically, it contains the announcement for the transfer of responsibility in providing housing needs for long term rent supplement recipients to housing authorities. A multi-agency steering group, which includes representation from my Department, has been established to develop proposals to give effect to this transfer. This will help achieve a key Government commitment of removing barriers to employment at the same time returning rent supplement to its original purpose, that of a short term income support payment for those temporarily unemployed.

Domiciliary Care Allowance

Finian McGrath

Ceist:

220 Deputy Finian McGrath asked the Minister for Social Protection if she will include a group (details supplied) in County Clare on the domiciliary care allowance review group. [33005/12]

The review of the domiciliary care allowance (DCA) scheme, as recently announced will commence shortly. The group undertaking the review will be comprised of representatives from a number of government Departments, the National Disability Authority and other persons with relevant experience. Three representatives from a working group established by Downs Syndrome Ireland, Inclusion Ireland, Irish Autism Action, Special Needs Parents Association, the Carers Association and Midlands Regional Forum of People with Disabilities have been invited to be part of the review group. It is considered that this broad representation will reflect the issues and views of the vast majority of parents on the matter.

Officials from my Department have met with representatives from the DCA Warriors to discuss how they can be facilitated in making a positive contribution to the review process. Based on those discussions and the understanding that this group has membership from all over the country, I am pleased to inform the Deputy that this NGO is being offered a place on the working group. The terms of reference for the review allows for a consultation process with parents and representative groups to be held. This will allow for all parents and groups not directly represented on the working group to input their concerns and suggestions to the review process.

Carer’s Allowance

Paul Connaughton

Ceist:

221 Deputy Paul J. Connaughton asked the Minister for Social Protection when a decision will be made in relation to an application for carer’s allowance in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [33008/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of the case, a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Allowance

John McGuinness

Ceist:

222 Deputy John McGuinness asked the Minister for Social Protection if carer’s allowance will be approved in respect of a person (details supplied) in County Kilkenny. [33018/12]

The application for carer's allowance from the person in question was refused on the ground that the care recipient is not in need of full-time care and attention as laid down in the regulations. The person in question has requested a review of this decision and has submitted further medical evidence in support of the application. Once the review is completed in this case the person in question will be notified directly of the outcome.

Carer’s Allowance

John McGuinness

Ceist:

223 Deputy John McGuinness asked the Minister for Social Protection if an application for carer’s allowance will be granted in respect of a person (details supplied) in County Kilkenny. [33020/12]

I can confirm that an application for carer's allowance has been received from the person in question.

On completion of the necessary investigations relating to all aspects of the case a decision will be made and the person concerned will be notified directly of the outcome.

Free Travel Scheme

Michael Healy-Rae

Ceist:

224 Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding benefits (details supplied); and if she will make a statement on the matter. [33026/12]

Free travel passes are provided for more than 700,000 people at an annual cost of €77 million. Approximately 400,000 people are in receipt of the household benefits package at a cost of almost €370 million in 2011 and 400,000 people are in receipt of the fuel allowance at a cost of almost €265 million in 2011.

I appreciate the important role that these schemes play in promoting social inclusion and preventing isolation of older people and people with disabilities. All of the schemes operated by my Department, including free travel, the household benefits package and the fuel allowance were examined in the context of the Comprehensive Review of Expenditure and continue to be kept under review given the on-going need for savings. The Review continues to inform me and my colleagues in Government in our decisions on future spending.

Social Welfare Benefits

Ciara Conway

Ceist:

225 Deputy Ciara Conway asked the Minister for Social Protection the measures being put in place to ensure that anyone with Ulster Bank receiving a payment from her Department, such as child benefit or pension entitlements, will continue to receive their entitlements; if alternative arrangements are being made to facilitate collection elsewhere, such as at a post office; and if she will make a statement on the matter. [33097/12]

The Department issues over 1.4 million weekly payments and a further 723,000 monthly payments to its customers. In most cases the Department offers a range of payment options including payment at a local post office via electronic information transfer (EIT), payment through a bank, building society account or certain credit union of the customer's choice via electronic funds transfer (EFT) or by cheque. Payment can be received at Post Offices in respect of Child Benefit and Pensions.

Last week approx. 62,000 weekly payments and 48,000 monthly payments were made to customers who nominated to have their payments made into an account at Ulster Bank.

Bank of Ireland is the Department's primary banker partner and all EFT payment files are routed through them for onwards transmission to other financial institutions in the case of those social welfare customers who bank with institutions other than Bank of Ireland.

The Department is in continuous contact with Ulster Bank in relation to their current difficulties. Ulster Bank has assured the Department that arrangements have been put in place to ensure that customers who have been affected can access their money by contacting their local Ulster Bank Branch. In the circumstances, the Department does not propose to put alternative arrangements in place but will continue to monitor the situation closely.

Departmental Staff

Simon Harris

Ceist:

226 Deputy Simon Harris asked the Minister for Social Protection the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to her Department; the length of the ten highest incidences of sick leave across these bodies; and if she will make a statement on the matter. [33116/12]

The agencies operating under the aegis of the Department are the Citizens Information Board and the Pensions Board. In addition, the Office of the Pensions Ombudsman comes under the remit of the Department.

Details of the sick leave as requested by the Deputy are shown in the following table:

Citizens Information Board

Pensions Board

No. of days

No. of instances

No. of instances

5+

32

11

10+

15

4

15+

10

2

20+

7

1

21+

7

1

None of the sick leave absences that occurred in respect of the staff serving in the Office of the Pensions Ombudsman exceeded 5 days in 2011.

The ten highest instances of sick leave across the agencies in 2011 were 85 days, 72 days, 59 days, 36 days, 32.5 days, 27 days, 25 days, 19 days, 18.5 days and 16 days respectively.

Departmental Staff

Éamon Ó Cuív

Ceist:

227 Deputy Éamon Ó Cuív asked the Minister for Social Protection the number of clerical officer grade staff in her Department seeking a transfer to County Galway; the arrangements in place to facilitate transfers on a cross departmental basis; and if she will make a statement on the matter. [33123/12]

Currently there are 27 Clerical Officers recorded on the transfer list for the Department's office in Galway City, 25 for the Loughrea Office and 16 for the Clifden Office.

When filling vacancies, the Department is obliged, in the first instance, to fill positions by the redeployment of staff from other departments or agencies. Where there are no staff available from the redeployment panel, the Department then seeks to fill the post by reference to the relevant transfer list.

In accordance with protocols agreed centrally with unions and the Department of Public Expenditure and Reform, the names of officers seeking to transfer to alternative locations are recorded on the relevant transfer list in strict order of date of application. The transfer lists are open to Clerical Officers in all Government Departments.

Jobseeker’s Allowance

Paul Connaughton

Ceist:

228 Deputy Paul J. Connaughton asked the Minister for Social Protection when an oral hearing will be held in relation to a jobseeker’s assistance appeal in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [33145/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 15th May 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 on 28th June 2012 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.

Carer’s Allowance

Denis Naughten

Ceist:

229 Deputy Denis Naughten asked the Minister for Social Protection when a decision on a carer’s allowance application will issue in respect of a person (details supplied) in County Galway; the reason for the delay in same; and if she will make a statement on the matter. [33149/12]

The carer's allowance application for the person in question was refused on 11th January 2012 on medical grounds. Subsequent to this, the person in question requested a review of this decision and submitted further medical information in support of the application.

The medical assessor has reviewed the medical component of this application and is of the opinion that the care recipient is eligible.

A decision will be made by a deciding officer and the person concerned will be notified directly of the outcome.

Invalidity Pension

Joanna Tuffy

Ceist:

230 Deputy Joanna Tuffy asked the Minister for Social Protection if she will provide an update on an appeal for invalidity pension in respect of a person (details supplied) in County Dublin and if she will expedite the matter. [33179/12]

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 14th 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. When received, 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.

Carer’s Allowance

John Lyons

Ceist:

231 Deputy John Lyons asked the Minister for Social Protection when an application for carer’s allowance in respect of a person (details supplied) in Dublin 11 will be assessed; and if she will expedite a decision on same. [33189/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question. In the interests of fairness and equity, applications are dealt with by the Department as far as possible in the order in which they are received.

On completion of the necessary investigations relating to all aspects of the case a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Allowance

Marcella Corcoran Kennedy

Ceist:

232 Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection when a carer’s allowance appeal will be processed in respect of a person (details supplied) in County Offaly; and if she will make a statement on the matter. [33194/12]

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 02nd 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. When received, 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.

Disability Allowance

Patrick Nulty

Ceist:

233 Deputy Patrick Nulty asked the Minister for Social Protection the position regarding disability allowance appeal in respect of a person (details supplied) in Dublin 15; if an early oral hearing will be granted; the reason for the delay; and if she will make a statement on the matter. [33196/12]

To date, no appeal has been received from the person concerned in relation to the refusal of their disability allowance application.

The person concerned also made a claim for invalidity pension and was refused on medical grounds. He appealed the decision to disallow him an invalidity pension. An appeals officer found that the appellant failed to show that he was permanently incapable of work due to illness/disability within the meaning of Social Welfare legislation and, accordingly, the appeal was disallowed.

An appeals officer's decision is final and conclusive in absence of any fresh facts or evidence. The person concerned was notified of this decision in writing on 19 December 2011.

It is open to the person concerned to make a new claim for invalidity pension or disability allowance.

Carer’s Allowance

Bernard J. Durkan

Ceist:

234 Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made to date in the determination of an application for carer’s allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33202/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question.

On completion of the necessary investigations relating to all aspects of the case, a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Allowance

Patrick O'Donovan

Ceist:

235 Deputy Patrick O’Donovan asked the Minister for Social Protection the up to date position regarding an application for carer’s allowance in respect of a person (details supplied) in County Donegal. [33217/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question.

On completion of the necessary investigations relating to all aspects of the case, a decision will be made and the person concerned will be notified directly of the outcome.

Question No. 236 withdrawn.

Carer’s Allowance

Michael McGrath

Ceist:

237 Deputy Michael McGrath asked the Minister for Social Protection the date an application for carer’s allowance was received in respect of a person (details supplied) in County Cork; and when same will be processed. [33239/12]

I confirm that the department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of the case a decision will be made and the person concerned will be notified directly of the outcome.

Invalidity Pension

John Perry

Ceist:

238 Deputy John Perry asked the Minister for Social Protection if she will ensure that an invalidity pension appeal is granted in view of the medical report submitted in respect of a person (details supplied) in County Sligo; and if she will make a statement on the matter. [33258/12]

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 11th June 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. When received, 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.

Carer’s Allowance

Niall Collins

Ceist:

239 Deputy Niall Collins asked the Minister for Social Protection the position regarding a carer’s allowance application in respect of a person (details supplied) in County Cork. [33261/12]

I confirm that the department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of the case a decision will be made and the person concerned will be notified directly of the outcome.

Statutory Sick Pay Scheme

Thomas P. Broughan

Ceist:

240 Deputy Thomas P. Broughan asked the Minister for Social Protection if any progress has been made in the context of the earlier report this year from the Consultation Seminar — The Feasibility and Implications of Introducing a Scheme of Statutory Sick Pay in Ireland; and if she will make a statement on the matter. [33270/12]

Eoghan Murphy

Ceist:

247 Deputy Eoghan Murphy asked the Minister for Social Protection if, in view of her proposal to introduce statutory sick pay on employers, if she has carried out a full cost-impact analysis on small businesses if this proposal were to be introduced; and if so what are the results of this. [33356/12]

I propose to take Questions Nos. 240 and 247 together.

The question of introducing a scheme of statutory sick pay, whereby employers would directly meet the costs of sick absence for an initial period of illness is being considered in the context of the need to reform the social welfare system to bring it into line with practices in other countries in this area; the need to address the deficit in the social insurance fund; the need to limit progression from short-term illness to long-term illness or disability; and in the wider context of enhancing the health of the workforce and addressing levels of absenteeism.

In considering the wide range of issues to be addressed before such a scheme could be introduced, a preliminary analysis based on estimates of absenteeism in the private sector has been carried out and this indicates that if a sick pay scheme with a duration of four weeks were to be introduced, it would add about €1 per week per employee to the costs of employment.

The report of the consultative seminar on the feasibility and implications of introducing a scheme of statutory sick pay held in February is now available on the Department's website.

The range of complex issues associated with the introduction of such a scheme continue to be considered and will be discussed in the course of the wider process associated with the preparation of Budget 2013. Any decisions which might be taken by Government on the possible introduction of a statutory sick pay scheme will be considered in that context.

Employment Support Services

Gerald Nash

Ceist:

241 Deputy Gerald Nash asked the Minister for Social Protection the reason no reference is made to the national figures of the Local Employment Service Network or to its involvement in the National Employment Action Plan in the recent report Employment Action Plan Monthly Progress Report No. 163 of April 2012; and if she will make a statement on the matter. [33274/12]

The monthly progress report is a long-standing report produced by FÁS since the late 1990s providing summary overall national data on outcomes for persons referred under the National Employment Action Plan (EAP). It predates the involvement of the LES in the EAP referral process (which commenced in 2009), and the absence of a reference to this LES involvement is an oversight.

Approximately one third of referrals under EAP are now to LES offices, with the remainder being to employment services offices of the Department.

The report in its current form and the data collection process underlying it have become out-dated in a number of respects as the EAP has evolved, and particularly in the light of the transfer of the employment service from FÁS to the Department. It is planned to move to an updated reporting format later this year.

Youth Unemployment

Gerald Nash

Ceist:

242 Deputy Gerald Nash asked the Minister for Social Protection if she will provide an analysis in tabular form of youth unemployment between those born in Ireland and those born outside the State in view that 10% of those aged between 18 and 25 were not born in the State; if she will outline any plans to tackle the specific employment problems many of those young persons face; and if she will make a statement on the matter. [33275/12]

The official measure of unemployment comes from the Quarterly National Household Survey. While the survey provides some data on the nationality of the unemployed at the aggregate level, these are considered by the Central Statistics Office to be "broadly indicative", and the data are not available below the aggregate level.

Administrative data show that there were 79,098 persons aged less than 25 years on the Live Register at the end of June 2012. The data do not distinguish place of birth; however, data on nationality are available and these are given in the table:

Persons aged under 25 years on the Live Register, June 2012

Ireland

UK

EU 13

EU AC 12

Non-EU

Total

Total Non Irish

Jobseekers Allowance

65,614

1,439

136

2,371

1,303

70,863

5,249

Jobseekers Benefit

7,217

67

19

526

36

7,865

648

Jobseekers Benefit Credits Only

324

5

8

32

1

370

46

Total Live Register

73,155

1,511

163

2,929

1,340

79,098

5,943

The data show that 7.5% of all young people on the Live Register are not Irish nationals.

Currently, once they have been on the Live Register for three months, unemployed people — including young people and those originally from abroad — are referred to the employment service of my Department for a one-to-one interview and more intensive assistance through a caseload approach. That approach provides for the identification of specific barriers to re-employment faced by each individual so that these can be addressed.

Profiling of the newly unemployed is now being introduced by the Department to identify those least likely to re-enter the workforce unaided. This will allow those facing specific barriers to re-employment to be referred for interview and more intensive assistance earlier in their unemployment spell than has been possible up to now.

Pension Provisions

Gerald Nash

Ceist:

243 Deputy Gerald Nash asked the Minister for Social Protection the contact she has made with social security authorities in other states to clarify the number of persons resident here receiving pensions from those states; and if she will make a statement on the matter. [33276/12]

Gerald Nash

Ceist:

244 Deputy Gerald Nash asked the Minister for Social Protection the information she has furnished to the Revenue Commissioners in relation to residents of Ireland who are receiving social security pensions from other states, where that information has been furnished to her Department; and if she will make a statement on the matter. [33277/12]

I propose to take Questions Nos. 243 and 244 together.

The Department does not have information about the total numbers of people resident in Ireland with foreign social security pensions as information about an individual with other pension income would only be required by the Department if the person applied for the means tested State Pension (Non-Contributory). That information is mainly sourced when the person applies for that pension.

A person can receive both an Irish contributory pension and a pension from another source such as an occupational or foreign pension. Their entitlement to the contributory pension is based on their PRSI contribution record. It is not means tested so information in relation to their other income is not required. In addition, there would be people resident in Ireland with foreign social security pensions who have no Irish pensions.

In relation to means tested payments, any monies received by way of a foreign social security payment is assessable as means for the purposes of determining the rate of their social welfare means tested payment. An applicant for a means tested payment is obliged to declare if they have an entitlement to a foreign social security payment/pension. If a person has indicated that they previously worked in the UK or in another jurisdiction, then a check will be made with the relevant authority to establish if the customer had an entitlement to a social security entitlement from that jurisdiction.

It is the practice that a data match is conducted with the Department of Work and Pensions (DWP) in the UK to identify their customers who reside in Ireland and who are receiving a social security payment from the UK and the rate of payment the customer is receiving. This information is then matched against DSP customers who are receiving means tested income support payments.

Once the information is received and the customers are identified, a review of the customer's entitlement is undertaken. Appropriate action is then taken in terms of amending the rate of entitlement to the DSP payment/pension. The impact of any increase in the value of the UK entitlement on a customer's DSP entitlement is also dependent on the change in the exchange rate, if any, since the customer's entitlement was last reviewed. The value of any increase in the UK entitlement may be offset by a reduction in the exchange rate, if the exchange rate has fallen.

To date the Department has not provided the Office of the Revenue Commissioners with any information that was received from other States on residents of Ireland who are receiving social security pensions from outside of Ireland.

Child Benefit

Gerald Nash

Ceist:

245 Deputy Gerald Nash asked the Minister for Social Protection the number of children for whom child benefit was paid in 2008, 2009, 2010 and 2011 and who also had a social insurance record at Classes A, S or M for the same year in tabular form; and if she will make a statement on the matter. [33278/12]

Child Benefit (CB) is currently paid for 598,336 families in respect of 1,136,361 children.

The corresponding figures for the past four years are as follows:

Year

Families

Children

2008

596,108

1,141,938

2009

602,932

1,156,917

2010

591,432

1,124,003

2011

597,333

1,136,065

Details on the number who also had a social insurance record at Classes A, S or M for these years is not readily available and can only be obtained through an extensive data matching exercise. Given the number of years involved and the total number of children for whom CB is in payment it is not proposed to undertake such an exercise.

It should be noted that children who are aged over 16 and in full time education are not precluded from taking part time work and paying PRSI contributions while CB remains in payment.

National Employment and Entitlements Service

Thomas P. Broughan

Ceist:

246 Deputy Thomas P. Broughan asked the Minister for Social Protection when the new national employment and entitlements service will be fully rolled out; and if she will make a statement on the matter. [33291/12]

My Department is establishing a new National Employment and Entitlements Service, as provided for in the Programme for Government, which will integrate employment and benefit payment services within the Department.

The first step in establishing the National Employment and Entitlements Service was integrating staff from FÁS, the Community Welfare Service and my Department which will free up resources and staff for the more resource intense role of case management and activation.

With regard to the timeline for the development of the National Employment and Entitlements Service the assignment and integration of functions and the full transformation to a case management approach focussed on activation, will be a multi-annual programme of work. However, significant progress has already been made and the first trial National Employment and Entitlements Service offices are scheduled open before the end of the year

Question No. 247 answered with Question No. 240.

Statutory Sick Pay Scheme

Jack Wall

Ceist:

248 Deputy Jack Wall asked the Minister for Social Protection his views regarding a submission (details supplied); if she has had or is proposing meetings with the national organisation regarding this issue; if the meetings have taken place, the results of the meetings; and if she will make a statement on the matter. [33361/12]

A consultative forum on the feasibility and implications of introducing a scheme of statutory sick pay was held in February of this year. The national organisation to which the Deputy refers was represented at the Forum, (a report of which is now available on the Department's website). I should add that Department officials will also be meeting some of the organisation again on the matter.

At that forum, concerns were expressed by various employer representative groups regarding the introduction of such a scheme, and these concerns will be taken into account as the range of complex issues associated with the introduction of such a scheme continue to be considered.

The issues involved will be discussed in the course of the wider process associated with the preparation of Budget 2013 and any decisions which might be taken by Government on the possible introduction of a statutory sick pay scheme will be considered in that context.

Community Employment Schemes

Catherine Murphy

Ceist:

249 Deputy Catherine Murphy asked the Minister for Social Protection if she is concerned about the length of time community employment applicants are having to wait for Garda clearance; if she is aware of the amount of schemes adversely affected by these wait times; and if she will make a statement on the matter. [33399/12]

The Department of Social Protection is committed to ensuring the protection of children and/or vulnerable adults. It is Community Employment policy that participants on any scheme that gives individuals substantive unsupervised access to children and/or vulnerable adults are subject to Garda Vetting. This policy has been in place since June, 2009 in compliance with Childcare Legislation/Regulations and with legal advice.

Once an individual has been selected for a CE position that requires Garda Vetting, their Garda Vetting application can be processed through either my Department or through the employing organisation if they are already registered with the Garda Central Vetting Office.

The Garda Central Vetting Office are doing their utmost to process applications speedily. In relation to Community Employment over 1,500 Garda Vetting applications have been made by my Department to the end of June this year in addition to the applications submitted directly by the employing organisations.

Applications from my Department are taking approximately 6 weeks on average to process. Some applications with addresses outside the state, or pending further regional investigation or who submit incomplete forms can take longer to process.

Social Welfare Appeals

Brendan Griffin

Ceist:

250 Deputy Brendan Griffin asked the Minister for Social Protection the reason the sole residence of a person (details supplied) in County Kerry is being assessed as an income; and if she will make a statement on the matter. [33401/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 23 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 on 3 July 2012 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on 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.

Rent Supplement Scheme

Bernard J. Durkan

Ceist:

251 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason for termination of rent allowance without warning in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33403/12]

The primary social welfare payment of the person concerned, upon which her qualification for rent supplement depends, was suspended causing the rent supplement to also be suspended. As the primary payment has now been restored, the rent supplement has also been reinstated and the person concerned has been issued with all outstanding arrears.

Carer’s Allowance

Bernard J. Durkan

Ceist:

252 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment will issue in respect of an application for carer’s allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33421/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question.

On completion of the necessary investigations relating to all aspects of the case a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Allowance

Paschal Donohoe

Ceist:

253 Deputy Paschal Donohoe asked the Minister for Social Protection the position regarding an application for carers’ allowance in respect of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [33428/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question.

On completion of the necessary investigations relating to all aspects of the case a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Allowance

John Lyons

Ceist:

254 Deputy John Lyons asked the Minister for Social Protection the position regarding an appeal for a carer’s allowance in respect of a person (details supplied). [33429/12]

The application for carer's allowance from the person in question was refused on the ground that the care recipient is not in need of full-time care and attention as laid down in the regulations. The person in question requested a review of this decision and has submitted further medical evidence in support of the application.

On completion of the review of the case, a decision will be made and the person concerned will be notified directly of the outcome.

Domiciliary Care Allowance

Michael Healy-Rae

Ceist:

255 Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding the case of a person (details supplied). [33432/12]

The continued entitlement of the person concerned to domiciliary care allowance was reviewed in March 2012. The case was referred to one of the Department's Medical Assessors who found that the child was no longer medically eligible for the allowance.

The person concerned was notified of the decision on 7 March 2012 and she has appealed the decision. As part of the appeal process, the case has been forwarded to another of the Department's Medical Assessors for further consideration, including a review of any new information supplied. Upon receipt of the Medical Assessor's opinion, the case will be further examined and forwarded for consideration to the Social Welfare Appeals Office, if necessary.

Question No. 256 answered with Question No. 209.

Invalidity Pension

Brendan Griffin

Ceist:

257 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the appeal in respect of a person (details supplied) in County Kerry for invalidity pension; and if she will make a statement on the matter. [33445/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12 April 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When received, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on 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.

Disability Allowance

John McGuinness

Ceist:

258 Deputy John McGuinness asked the Minister for Social Protection the status of an application for disability allowance in the case of a person (detaiils supplied) in County Carlow; and if she will expedite a response. [33446/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 6 December 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 17 January 2012 and the case has been referred to an Appeals Officer who will make a summary decision on the appeal based on 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.

Carer’s Allowance

John McGuinness

Ceist:

259 Deputy John McGuinness asked the Minister for Social Protection the position regarding an application for carer’s allowance in the case of a person (details supplied) in County Kilkenny; and if she will expedite a response. [33447/12]

I confirm that the Department is in receipt of an application for carer's allowance from the person in question. In the interests of fairness and equity, applications are dealt with by the Department as far as possible in the order in which they are received. On completion of the necessary investigations relating to all aspects of the case, a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Allowance

John McGuinness

Ceist:

260 Deputy John McGuinness asked the Minister for Social Protection if an appeal will be expedited for carer’s and social welfare allowance in view of the fact that they were registered on 29 July, 2011 in respect of a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [33448/12]

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the available evidence, including that adduced at oral hearing, decided that the appeal of the person concerned is disallowed in regard to Rent Supplement but has allowed the Carer's Allowance appeal for each week where it has been established that the person worked for 15 hours or less. The person has been informed of these outcomes. 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.

Carer’s Allowance

John McGuinness

Ceist:

261 Deputy John McGuinness asked the Minister for Social Protection the position regarding an application for carer’s allowance in respect of a person (details supplied) in County Carlow; and if she will expedite a decision. [33449/12]

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 on 25 July 2012. The person concerned has been notified of the arrangements for the hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Disability Allowance

Brendan Griffin

Ceist:

262 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the request by a person (details supplied) in County Kerry to have their appeal for disability benefit back-pay reviewed; and if she will make a statement on the matter. [33450/12]

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the available evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned. The person concerned was notified of the Appeals Officer's decision on 26 June 2012. 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.

Invalidity Pension

Brendan Griffin

Ceist:

263 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the appeal by a person (details supplied) in County Kerry for invalidity pension; and if she will make a statement on the matter. [33459/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 23 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. When they have been received, 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.

Carer’s Allowance

Brendan Griffin

Ceist:

264 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the application by a person (details supplied) in County Kerry for carer’s allowance; and if she will make a statement on the matter. [33460/12]

I can confirm that the Department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of the case, a decision will be made and the person concerned will be notified directly of the outcome.

Question No. 265 withdrawn.
Question No. 266 answered with Question No. 209.
Question No. 267 withdrawn.

Rent Supplement Scheme

Billy Timmins

Ceist:

268 Deputy Billy Timmins asked the Minister for Social Protection the position regarding an application for rent allowance in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [33481/12]

The person concerned was refused rent supplement on 5th July 2012 due to his failure to meet a number of the qualifying conditions and he was notified of the reasons for refusal on the same day. If the person concerned can meet these criteria, the Department will be in a position to re-assess his rent supplement claim. Alternatively, the person concerned can appeal the refusal to the Social Welfare Appeals Office. An appeal can be sent in writing to the Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, D'Olier Street Dublin 2.

Carer’s Allowance

Emmet Stagg

Ceist:

269 Deputy Emmet Stagg asked the Minister for Social Protection when a decision will issue on a carer’s allowance application in respect of a person (details supplied) in County Kildare. [33536/12]

I confirm that the department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of the case a decision will be made and the person concerned will be notified directly of the outcome.

Invalidity Pension

John McGuinness

Ceist:

270 Deputy John McGuinness asked the Minister for Social Protection if an appeal for invalidity pension will be expedited in respect of a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [33550/12]

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.

Rent Supplement Scheme

Catherine Murphy

Ceist:

271 Deputy Catherine Murphy asked the Minister for Social Protection if her attention has been drawn to the fact that single parents in receipt of rental supplement may often have variations in their income subject to the vagaries of the other parent’s intermittent maintenance payments; if there is a mechanism to deduct maintenance at source where it is linked to a rental supplement payment; and if she will make a statement on the matter. [33558/12]

The purpose of the rent supplement scheme is to provide short-term income support, to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer. There are approximately 92,000 persons in receipt of rent supplement for which the Government has provided a sum of €436 million for 2012.

Rent supplement is normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to their family circumstances less a weekly minimum contribution which recipients are required to pay from their own resources. The minimum contribution is currently €30 for a single adult and €35 for couples.

Many rent supplement recipients pay more than the minimum contribution because they are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic supplementary welfare allowance rate towards their accommodation costs.

A person who claims a one-parent family payment is required to seek maintenance from her/his spouse or the other parent of the child. Maintenance payments are assessed as means for the purpose of determining entitlement one-parent family payment. However, vouched housing costs of up to €95.23 per week in respect of rent or mortgage are disregarded in establishing the rate of one-parent family payment payable.

For rent supplement, maintenance payments of up to €95.23 per week are assessed in determining the appropriate rate payable. Where a person has weekly maintenance payments of more than €95.23, the first €75 a week together with 25% of any additional maintenance above €75 can be disregarded for means assessment purposes. This ensures that the family benefits from any maintenance payments received in excess of €95.23.

Customers are obliged to notify the Department of any changes in circumstances, including changes in maintenance payments.

In every case where a one-parent family payment is awarded, the Department seeks to trace the other parent (liable relative) in order to ascertain whether he or she is in a financial position to contribute towards the cost of the one-parent family payment. Liable relatives in receipt of a social welfare payment from my Department are not asked to contribute, as, when assessed in line with the regulations, they are determined to have a nil contribution due. Accordingly there is no mechanism to deduct maintenance at source from any social welfare payment.

The Liability to Maintain Family provisions contained in the Social Welfare Consolidation Act 2005 is separate to Family Law legislation. Any applications to the courts under family law for a maintenance order against the other parent are made through the courts service and are not the responsibility of the Department.

Social Welfare Benefits

Catherine Murphy

Ceist:

272 Deputy Catherine Murphy asked the Minister for Social Protection if there is any facility under her Department’s remit whereby a minimum sum can be guaranteed for any parent who is required to pay child maintenance despite their personal financial situation, including people in receipt of unemployment assistance; if there is a limit on the proportion of a social welfare payment that will be paid over in maintenance; and if she will make a statement on the matter. [33559/12]

The Department is responsible for implementing the Liability to Maintain Family Provisions, as provided for in Part 12 of the Social Welfare Consolidation Act 2005, as amended. The methods of assessment of the liable relative's ability to pay are specified in detail in Regulations (S.I. No. 571 of 2006 and S.I. No. 142 of 2007).

In every case where a one-parent family payment is awarded, the Department seeks to trace the other parent (liable relative) in order to ascertain whether he or she is in a financial position to contribute towards the cost of the one-parent family payment. Persons in receipt of a social welfare payment from my Department are not asked to contribute, as, when assessed in line with the regulations, they are determined to have a nil contribution due.

The Liability to Maintain Family Provisions, contained in the 2005 Act, are completely separate to family law legislation. Applications to the courts under family law for a maintenance order are made through the courts service and are not the responsibility of this Department.

Invalidity Pension

Tom Fleming

Ceist:

273 Deputy Tom Fleming asked the Minister for Social Protection the steps she has taken to improve the length of time it takes to process invalidity pension appeals; if she is satisfied with the current turn around time; and if she will make a statement on the matter. [33572/12]

Tom Fleming

Ceist:

275 Deputy Tom Fleming asked the Minister for Social Protection the steps she has taken to improve the length of time it takes to process domiciliary care allowance appeals; if she is satisfied with the current turn around time; and if she will make a statement on the matter. [33575/12]

Tom Fleming

Ceist:

280 Deputy Tom Fleming asked the Minister for Social Protection the steps she has taken to improve the length of time it takes to process illness benefit appeals; if she is satisfied with the current turn around time; and if she will make a statement on the matter. [33606/12]

Tom Fleming

Ceist:

281 Deputy Tom Fleming asked the Minister for Social Protection the steps she has taken to improve the length of time it takes to process disability allowance appeals; if she is satisfied with the turn around time; and if she will make a statement on the matter. [33607/12]

Tom Fleming

Ceist:

283 Deputy Tom Fleming asked the Minister for Social Protection the steps she has taken to improve the length of time it takes to process carer’s allowance appeals; if she is satisfied with the current turn around time; and if she will make a statement on the matter. [33612/12]

I propose to take Questions Nos. 273, 275, 280, 281 and 283 together.

The current processing times for the scheme types mentioned by the Deputy are included in the following table. Generally the vast majority of cases fall within average times but extenuating factors, often outside of the control of the Social Welfare Appeals Office, will cause greater delays in some cases.

In light of this, the following table showing the current processing times (based on figures at the end of June 2012) shows the overall average for each scheme along with the average when the older appeals are excluded.

These processing times are calculated from the registration date of the appeal to the date of its finalisation. They include all activities during this period including time spent in the Department for comments by the Deciding Officer on the grounds of appeal put forward by the appellant, and any further investigation, examination or assessment by the Department's Inspectors and Medical Assessors that is deemed necessary. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process. By its nature and because it is a quasi-judicial nature, the processing of appeals takes time even at the best of times and reflects the fact that, by definition, the appeal process cannot be a quick one.

In an effort to reduce the processing times, the Department have appointed 13 additional Appeals Officers since 2010. In addition, a further 10 Appeals Officers, formerly employed by the Community Welfare Service (CWS) of the Health Services Executive joined the Office as part of the integration of the CWS appeals services into the Social Welfare Appeals Office. This has brought the total number of Appeals Officers to 40. In addition to this, the Office has improved its business processes and IT support.

I am assured by the Chief Appeals Officer that she is keeping the methods of operation by which the Social Welfare Appeals Office conducts its business under constant review, and that the processes are continuously being enhanced to reduce the backlogs in the Office and, overall, to reduce the processing times for dealing with appeals.

Appeals processing times by scheme 1/1/2012 — 30/6/2012 — Summary and Oral

Average processing times (weeks) Summary Decisions

Average processing times (weeks) Summary Decisions (Excluding appeals registered before 1.1.2011)

Average processing times (weeks) Oral Hearings

Average processing times (weeks) OralHearing (Excluding appeals registered before 1.1.2011)

Adoptive Benefit

15.6

15.6

40.4

40.4

Blind Pension

22.2

22.2

30.4

30.4

Carers Allowance

32.1

30.7

45.3

38.7

Carers Benefit

32.7

24.4

35.4

34.0

Child Benefit

53.1

37.5

58.5

42.8

Disability Allowance

31.3

29.4

40.8

36.1

Illness Benefit

38.4

36.5

51.1

43.7

Domiciliary Care

28.6

28.2

41.8

37.2

Deserted Wives Benefit

19.8

14.6

47.2

Deserted Wives Allowance

14.6

19.8

47.2

Farm Assist

20.3

17.3

44.9

35.6

Bereavement Grant

29.7

25.5

Family Income Supplement

18.8

18.7

30.2

27.4

Invalidity Pension

36.6

33.5

57.6

37.8

Liable Relatives

72.8

30.4

One Parent Family Payment

25.6

23.2

46.3

38.5

Maternity Benefit

32.3

29.4

40.0

40.0

State Pension (Contributory)

30.8

21.8

58.6

35.2

State Pension (Non-Cont)

28.0

27.2

51.3

40.4

State Pension (Transition)

20.0

20.0

61.8

61.3

Occupational Injury Benefit

0.3

0.3

56.0

44.6

Occupational Injury Benefit (Medical)

78.7

87.4

Disablement Pension

46.1

39.3

51.4

37.0

Incapacity Supplement

7.7

7.7

52.1

36.8

Guardian’s Payment (Con)

24.5

24.5

56.3

37.3

Guardian’s Payment (Non-con)

27.1

27.1

82.9

41.7

Pre-Retirement Allowance

54.6

54.6

Jobseeker’s Allowance (Means)

20.1

18.2

40.5

34.0

Jobseeker’s Allowance

24.6

19.4

35.9

29.8

Jobseeker’s Benefit

16.7

15.3

29.3

28.0

JA/JB Fraud Control

Respite Care Grant

25.8

25.8

38.7

36.1

Insurability of Employment

52.0

41.7

81.8

48.8

Supplementary Welfare Allowance

14.7

14.6

19.1

19.0

Treatment Benefits

18.9

18.9

Survivor’s Pension (Con)

75.0

55.5

Survivor’s Pension (Non-con)

28.6

28.6

44.6

34.2

Widows Parent Grant

23.2

23.2

All Appeals

26.0

22.0

40.4

38.0

Invalidity Pension

Tom Fleming

Ceist:

274 Deputy Tom Fleming asked the Minister for Social Protection the steps she has taken to improve the length of time it takes to process invalidity pension applications; if she is satisfied with the current turn around time; and if she will make a statement on the matter. [33573/12]

This Department is committed to delivering the best possible service to its customers. I acknowledge that the time taken to process Invalidity Pension (IP) claims at present is not satisfactory but I am satisfied that the Department is taking appropriate action to resolve the situation. Many improvements have already been introduced in IP Section.

Since June 2011 all IP claims are processed on a new IT platform under the department's service delivery model project. A comprehensive business process improvement exercise has recently been completed, the focus of which is to optimise performance and reduce waiting times. New organisation structures and claim processing procedures have recently been implemented. Additional staff has also been assigned to IP area and overtime has been made available and is used when necessary.

Processes and procedures are continuously reviewed with the explicit objective of reducing delays. The position is being closely monitored and kept under review by my Department.

Question No. 275 answered with Question No. 273.

Carer’s Allowance

Marcella Corcoran Kennedy

Ceist:

276 Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection when a carer’s allowance appeal will be processed in respect of a person (details supplied) in County Offaly; and if she will make a statement on the matter. [33591/12]

The application for carer's allowance from the person in question was refused on the ground that the care recipient is not in need of full-time care and attention as laid down in the regulations. The person in question has requested a review of this decision and has submitted further medical evidence in support of the application. Once the review is completed in this case the person in question will be notified directly of the outcome.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

277 Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which two days working per week will affect applications for rent allowance and jobseeker’s allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33598/12]

The person concerned has not supplied the Department with any information in relation to his part-time earnings. Details would have to be provided to the relevant sections in order to accurately establish what effect two days of employment would have on his rent supplement and jobseekers allowance entitlements. However, the person concerned has no current entitlement to rent supplement as his rent is in excess of the appropriate limit.

Farm Assist Scheme

Dara Calleary

Ceist:

278 Deputy Dara Calleary asked the Minister for Social Protection the number of farm assist applications made on a county basis from March 2011 to date in 2012; and if she will make a statement on the matter. [33599/12]

The total number of farm assist applications made from March 2011 to June 2012 is 2,295. A breakdown of this figure is set out in the tabular statement below. The county breakdown is based on the local office where the application was made, not the applicant's address. The catchment area of an office may include residents of neighbouring counties.

Table A: Number of farm assist applications between 28/02/2011 and 30/06/2012

County

1/1/2012-30/06/2012

1/03/2011-31/12/2011

Total

Carlow

13

29

42

Cavan

31

36

67

Clare

43

104

147

Cork

84

126

210

Donegal

74

155

229

Dublin

1

4

5

Galway

106

177

283

Kerry

73

141

214

Kildare

3

8

11

Kilkenny

5

26

31

Laois

17

28

45

Leitrim

18

50

68

Limerick

39

56

95

Longford

36

48

84

Louth

4

12

16

Mayo

68

136

204

Meath

9

13

22

Monaghan

49

61

110

Offaly

14

34

48

Roscommon

35

60

95

Sligo

16

39

55

Tipperary North

16

35

51

Tipperary South

10

18

28

Waterford

6

8

14

Westmeath

15

22

37

Wexford

16

35

51

Wicklow

14

19

33

Total

815

1,480

2,295

Redundancy Payments

Dan Neville

Ceist:

279 Deputy Dan Neville asked the Minister for Social Protection the position regarding an application for redundancy payment in respect of a person (details supplied) in County Limerick. [33602/12]

A redundancy lump sum claim in respect of the person concerned has been awarded and payment is due to issue to the person's nominated bank account in the coming weeks.

Questions Nos. 280 and 281 answered with Question No. 273.

Rent Supplement Scheme

Joanna Tuffy

Ceist:

282 Deputy Joanna Tuffy asked the Minister for Social Protection if she will provide details of the amount of funding provided in respect of rent supplement for the years 2008, 2009, 2010, 2011 and 2012; and if she will make a statement on the matter. [33611/12]

The purpose of the rent supplement scheme is to provide short-term income support, to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer. There are approximately 92,000 persons in receipt of rent supplement for which the Government has provided a sum of €436 million for 2012.

Details of the expenditure on rent supplement for the years 2008 to 2012 are provided in the following tabular statement:

Tabular Statement

Year

Expenditure €000

2008

440,548

2009

510,751

2010

516,538

2011

502,748(1)

2012

436,001(2)

(1) Provisional Outturn.
(2) Revised Estimate.
Question No. 283 answered with Question No. 273.

Carer’s Allowance

Tom Fleming

Ceist:

284 Deputy Tom Fleming asked the Minister for Social Protection the steps she has taken to improve the length of time it takes to process carer’s allowance applications; if she is satisfied with the current turn around time; and if she will make a statement on the matter. [33615/12]

The Department is committed to delivering the best possible service to its customers. Currently the average time taken to award a carer's allowance application is 28 weeks.

I acknowledge that the time taken to process carer's allowance claims at present is not satisfactory but I am satisfied that the Department is taking appropriate action to resolve the situation.

A major service delivery modernisation project is underway to improve the efficiency of administration of the carer's allowance scheme. This involves the deployment of information technology solutions and associated business process re-organisation. Full deployment of the new system for carer's allowance was completed last month. In tandem with the full implementation of the new system, a comprehensive business process improvement exercise has recently commenced, the focus of which is to optimise performance and provide improved customer service. However it is expected to be a number of months before the backlog is reduced to an acceptable level.

Question No. 285 withdrawn.

Carer’s Allowance

Patrick Nulty

Ceist:

286 Deputy Patrick Nulty asked the Minister for Social Protection if she will expedite an application for carer’s allowance in respect of a person (details supplied) in Dublin 15; the reason for the delay; and if she will make a statement on the matter. [33626/12]

I confirm that the department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of the case a decision will be made and the person concerned will be notified directly of the outcome.

Carer’s Allowance

Stephen S. Donnelly

Ceist:

287 Deputy Stephen S. Donnelly asked the Minister for Social Protection further to Parliamentary Question No. 376 of 3 July 2012 if, in view of the fact that constituents are reporting that deciding officers have refused to accept any evidence of a joint custody arrangement other than a court order, she will confirm that a letter from a solicitor should be regarded, in ordinary circumstances, as acceptable documentation by the officer administering the scheme; and if she will issue an instruction to that effect. [33660/12]

The purpose of the rent supplement scheme is to provide short-term support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The overall aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer.

Each claim for rent supplement is determined having regard to the particular circumstances of the applicant and in a case where parents have joint custody of a child, the needs of both parents to have adequate accommodation are taken into account when an application for a rent supplement is being determined. While documentation is normally required showing that a joint custody arrangement is in place, and being availed of, before a decision can be made, it is a matter for the officer administering the scheme to determine the form of documentation required. This flexibility supports the officer in fully assessing the circumstances specific to each case.

Accordingly it is not proposed to issue instructions to officers administering rent supplement on the documentation required for claims where the applicant has joint custody of a child.

Back to Education Allowance

Caoimhghín Ó Caoláin

Ceist:

288 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the reason the back to education allowance is not available to students undertaking the graduate medicine programme in view of the fact that the issue of displacement does not arise; and if she will make a statement on the matter. [33662/12]

The back to education allowance (BTEA) is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education by enabling those eligible to certain social welfare payments to continue to receive a payment while pursuing an approved full-time education course that leads to a higher qualification than that already held. A person wishing to pursue BTEA will have to satisfy a number of conditions such as being of a certain age, in receipt of a prescribed social welfare payment for a specified time period, pursuing a full time course of study leading to a recognised qualification in a recognised college and progressing in the level of education held by the client with reference to the national framework of qualifications (NFQ) among others.

The entry requirements of the graduate medicine course to which the Deputy refers require a person to already hold an honours degree in any discipline which is level 8 on the NFQ. As indicated above, a person who already possesses a level 8 qualification is not eligible for the BTEA. State support for education purposes is grounded on a student progressing from one qualification level to a higher one. The progression criteria is essential and applies to all courses of study. The scheme was never intended to be an alternative form of funding for people entering or re-entering the third level education system.

Carer’s Allowance

Brendan Griffin

Ceist:

289 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the appeal in respect of a person (details supplied) in County Kerry for carer’s allowance; and if she will make a statement on the matter. [33683/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 2 March 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 have now been 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.

Question No. 290 withdrawn.
Question No. 291 answered with Question No. 209.

Turbary Rights

Pat Breen

Ceist:

292 Deputy Pat Breen asked the Minister for Arts, Heritage and the Gaeltacht when payment in respect of bog compensation will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [32975/12]

I am advised that my Department does not have any record of an application from the individual referred to in the Deputy's Question — neither under the voluntary bog purchase scheme or the cessation of turf cutting compensation scheme administered by my Department.

National Cultural Institutions

Brian Walsh

Ceist:

293 Deputy Brian Walsh asked the Minister for Arts, Heritage and the Gaeltacht if he will provide an update on progress made in relation to plans to merge the National Archives and the Irish Manuscripts Commission with the National Library; and if he will make a statement on the matter. [32990/12]

As Deputy will be aware, the Government's Public Service Reform Plan, published by Minister Howlin on 17 November last, contains a number of actions in respect of my own Departmental remit. These include the amalgamation of the National Library, the National Archives and the Irish Manuscripts Commission. At the outset, I would like to underline the value which I place on the role of the National Cultural Institutions in this country. They are the custodians of our arts and cultural heritage. They also have a key role in scholarship and the national discourse. That is why €47.25 million is provided for our cultural institutions and bodies in the 2012 Estimates. The critical role that art and culture play in attracting tourists to Ireland is also well recognised. Cultural tourism is now a key element of Ireland's tourism industry and the National Cultural Institutions play a very significant role in that respect. The institutions funded by my Department attracted over 3 million visitors in 2011.

In the overall context of the Public Service Reform agenda, one of my key concerns is to ensure that all options are examined so that the most appropriate implementation approach can be adopted for each institution. The artistic and curatorial autonomy of the cultural institutions is, of course, a major consideration in this regard. The fact is, however, that all of our cultural institutions are facing very difficult challenges in the times ahead, particularly in relation to resources and funding. Given the difficult economic circumstances, there has been a considerable reduction in Exchequer funding over the last number of years and this is likely to continue for the foreseeable future.

My Department is consulting with the Department of Public Expenditure and Reform at present, following which these matters will be submitted to Government.

Turbary Rights

John McGuinness

Ceist:

294 Deputy John McGuinness asked the Minister for Arts, Heritage and the Gaeltacht if he is in receipt of a submission from 14 persons seeking permission to cut turf on All Saints bog, County Offaly; the date the submission was received by the Department; if the request has been examined; his views on the matter; and if he will make a statement on the matter. [33017/12]

The applications, which were received in my Department at the end of May, are currently being assessed and I expect recommendations will be made in relation to them in the near future. My Department will be in touch with the applicants shortly.

Departmental Staff

Simon Harris

Ceist:

295 Deputy Simon Harris asked the Minister for Arts, Heritage and the Gaeltacht the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33104/12]

I refer to my reply to Question No. 149 of 4th July in relation to the management of sick leave in the bodies funded from my Department's Vote Group. I have asked that the further information now sought be included in the information to be provided by the bodies concerned to the Deputy directly.

Turbary Rights

Peadar Tóibín

Ceist:

296 Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht the position regarding turf cutting harvesting rights in respect of a person (details supplied) in County Fermanagh; when a date will issue for an appeal; and if he will make a statement on the matter. [33155/12]

Peadar Tóibín

Ceist:

297 Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht when the panel for hearing and determining appeals on turf cutting and harvesting rights will begin its work; when appeals will be heard; when will appellants be advised of their appeals; and if he will make a statement on the matter. [33156/12]

I propose to take Questions Nos. 296 and 297 together.

Under the provisions of the Wildlife (Amendment) Act 2000, the carrying out of certain works in natural heritage areas, including the extraction of turf, cannot take place without my consent, as Minister for Arts, Heritage and the Gaeltacht. Consent was refused for the works referred to in the Deputy's Question, as they were considered to be damaging to the natural heritage area. I understand that the individual in question has appealed against this decision. My Department has established a panel from which to draw upon barristers or solicitors of not less than seven years standing to hear and determine appeals against decisions to refuse consent for the carrying out of certain works in natural heritage areas.

An arbitrator has been appointed to hear and determine the appeal in question. I am advised that my Department has written to the solicitor acting for the individual concerned notifying him of this appointment and in relation to agreeing a date for the appeal hearing.

National Museum

Peadar Tóibín

Ceist:

298 Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht if he will provide an inventory of all historical objects that are held my State museums which have their origins in County Meath. [33625/12]

Whilst my Department provides funding to the National Museum of Ireland, the Board of that Institution is responsible for all operational matters, including inventories, and I do not have a statutory function in respect of such matters.

Flood Prevention Measures

Patrick O'Donovan

Ceist:

299 Deputy Patrick O’Donovan asked the Minister for Arts, Heritage and the Gaeltacht if his Department and-or the National Parks and Wildlife Service place restrictions on the amount of debris and gravel that can be removed from rivers by local authorities or the Office of Public Works; if the restrictions on the removal of material applies in areas in which flooding to private domestic dwellings and other properties have taken place; his views on whether restrictions of this nature are in keeping with the principles of good river management and flood protection; and if he will make a statement on the matter. [33634/12]

As the Deputy will be aware, the dredging of rivers and streams has the potential to cause environmental and economic damage, and must be undertaken with due care and in keeping with the appropriate legal framework governing such activities. It is, in my view, fully in keeping with the principles of good river management and flood protection that all potential impacts of proposed works be fully considered before proceeding. The activities referred to by the Deputy, insofar as they relate to the responsibilities of my Department, are governed by the provisions of the Wildlife Acts (if the works relate to Natural Heritage Areas) or the European Communities (Birds and Natural Habitats) Regulations 2011. Those Regulations, together with the Planning and Development Acts, transpose into Irish law Ireland's obligations under the EU Birds and Habitats Directives. Certain drainage works within certain Natural Heritage Areas and protected European sites (Special Areas of Conservation and Special Protection Areas) require the consent of my Department before they can be undertaken.

Drainage plans or projects undertaken by State bodies, such as the Office of Public Works or local authorities, must also be undertaken in compliance with the relevant legislation. Any flood alleviation plan or project must, by law, be screened for potential impacts on European sites and, if necessary, subjected to a more detailed "appropriate assessment" of its potential impacts in view of the sites' conservation objectives. If it can be concluded that there is not a risk to a European site, then the plan or project may proceed. If, on the other hand, such a risk cannot be ruled out, then the project cannot proceed unless the legally prescribed conditions for derogation can be met.

Any project adversely impacting on the otter or bat species, which are afforded strict protection under the Habitats Directive, will also require a derogation licence from my Department before commencing.

Fisheries Protection

Robert Troy

Ceist:

300 Deputy Robert Troy asked the Minister for Communications, Energy and Natural Resources in relation to the ongoing ban of eel fishing, if he will apply to the EU for compensation for the fishermen who lost their livelihood as a result of this ban; if he will engage with the Department of Finance to ensure that national funding is made available to compensate this group of people; and if he will make a statement on the matter. [33060/12]

Following scientific research conducted by the International Council for the Exploration of the Sea (ICES) indicating that the European eel stocks are in a critical state, the EU introduced Council Regulation 1100/2007, the objective of which is to achieve recovery of the stocks to previous high levels. The Regulation required that all Member States prepare a national Eel Management Plan (EMP). Ireland's plan was approved by the European Commission in July, 2009. Bye-laws, Conservation of Eel Fishing Bye-law No. C.S. 303, 2009 and Conservation of Eel Fishing (Prohibition On Issue Of Licences) Bye-law No. 858, 2009, were signed by the then Minister in 2009 prohibiting the capture of eels. There was no provision for compensation for those who previously engaged in this fishery on a commercial basis.

The then Central and Regional Fisheries Boards (now Inland Fisheries Ireland — IFI) engaged with the eel fishermen representatives to investigate possible diversification schemes; however, no specific funding was identified for diversification. I understand that a number of former eel fishermen have been contracted by the ESB to undertake Trap and Transport operations to mitigate the impact of hydropower schemes as part of the eel management plan. There is no property right attaching to public eel licences and consequently the issue of compensation does not arise, given that the closure of the fishery was applied for conservation reasons under the Fisheries Acts. Given that context and having regard to National economic circumstances, no provision has been made for compensation payments.

The National EMP is currently being updated following the provision of three additional years of scientific research and monitoring of the status of eels stocks. The latest independent Standing Scientific Committee report on eels is available on the IFI website and a link to this web page is also available on my Department's website. IFI's three-year eel monitoring report is also available online. Ireland's EMP Implementation report, which details progress on Ireland's 2009 EMP, is due to be submitted to the EU shortly. In relation to the information contained in these reports and prior to consideration of the continuation of existing measures, a public consultation period has commenced. The closing date for receipt of submissions to be considered as part of the review of eel plans for Ireland was set as Monday 2nd July 2012. However, on foot of presentations made to stakeholders as part of the consultation, I have decided to extend the closing date to 11th July to facilitate the receipt of submissions from as many stakeholders as possible.

Submissions made during the public consultation period, which included a number of public meetings/seminars, will be considered in formulating proposals for the management of the eel fishery for the coming years. Three public meetings on the EMPs have been held in Clonmel, County Tipperary on 19th June, in Athlone, County Westmeath on 20th June and in Carrick on Shannon, County Leitrim on 21st June. Copies of all relevant documents (EU Report, Scientific Report and Monitoring Report) were available at the public meetings and are also available on IFI's website (www.fisheriesireland.ie) or through the link on my Department’s website (www.dcenr.gov.ie).

Departmental Staff

Simon Harris

Ceist:

301 Deputy Simon Harris asked the Minister for Communications, Energy and Natural Resources the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33106/12]

I wish to advise the Deputy that issues relating to sick leave in State Bodies under the aegis of my Department are an operational matter for the individual Bodies in the first instance and I have no function in this regard. I will however ask the Agencies under the aegis of my Department to reply directly to the Deputy in the matter.

Fisheries Protection

Brendan Griffin

Ceist:

302 Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources his views on a matter (details supplied); and if he will make a statement on the matter. [33164/12]

In the 1960s and 1970s Irish bass stocks were very severely depleted due to the overexploitation of the species by commercial fishing. This resulted in the near loss of one of our most important marine sport fish species and the collapse of the accompanying angling tourist industry that serviced this area. As a result of the serious decline in bass stocks, bass conservation legislation was put in place to facilitate the rebuilding of stocks. The south and east coastline have shown an improvement in stocks during the last decade but catches are still down on results experienced in the sixties and early seventies. The west coastline up to Galway Bay has also shown an improvement.

Bass in Irish waters are also protected by a number of measures including the Bass (Conservation of Stocks) Order 1990 which regulates the activities of Irish fishermen within ICES sub-areas VI and VII: commercial fishing for bass is prohibited, the taking of bass using nets is prohibited, and Irish fishing boats must not have bass on board or engage in trans-shipment of bass. This order also sets the legal size of capture for bass at 40cm. The slow pace of stock recovery indicates why all conservation measures and legislation needs to remain in place. Bass is the only marine species which is protected in this way, primarily for angling purposes. Angling for bass is also subject to control and anglers are limited to two fish in a 24 hour period, there is a close season from 15th May to 15th June and bass cannot be sold. Many bass anglers now practice catch and release voluntarily.

The Central and Regional Fisheries Boards and subsequently Inland Fisheries Ireland (IFI) have always given their full support to the Bass Conservation measures introduced by the Department of Agriculture, Fisheries and the Marine and will continue to do so in the future. Bass is a most important and sought after shore caught angling species attracting many anglers from home and abroad. This resource brings in additional sustainable revenue to many rural areas around our coastline. In 2007, angling brought circa 128,000 visitors, 68% of whom stayed between 6-14 nights in the country. The estimated spend by visiting anglers was €87.4m. It is estimated that circa 31,000 of these visiting anglers were sea anglers. In this regard and to underpin the importance of Bass as a key sea angling species the IFI is in the process of finalising a National Policy on the management of the species to ensure that it is only exploited in a sustainable manner into the future.

Inland Waterways

Luke 'Ming' Flanagan

Ceist:

303 Deputy Luke ‘Ming’ Flanagan asked the Minister for Communications, Energy and Natural Resources if he will instruct the ESB to make available its regulations for the control of the River Shannon; and if he will make a statement on the matter. [33288/12]

ESB is an independent statutory body and the matter referred to by the Deputy is an operational matter in which I have no role or function.

Mobile Telephony

Charlie McConalogue

Ceist:

304 Deputy Charlie McConalogue asked the Minister for Communications, Energy and Natural Resources the actions he has taken or future plans he has to address the high cost of cross-Border mobile telephone roaming charges particularly for those resident in Border areas; and if he will make a statement on the matter. [33310/12]

The provision of mobile telephony services within the EU is a fully liberalised market and regulation of that market is limited to the provisions permitted by EU harmonisation Directives. The maximum charges which can be imposed for roaming services within the EU is also regulated by EU harmonisation measures, in the form of EU Regulations. The most recent such Regulation, Regulation (EU) No. 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union, which commenced on the 1st July last, imposes decreasing annual maximum wholesale and retail charges as set out in the following table:

Retail (excl VAT)

Wholesale (excl VAT)

Making a phone call/minute

€0.29 cent from July 2012,

€0.14 from July 2012

€0.24 from July 2013 and

€0.10 from July 2013

€0.19 cent from July 2014

€0.05 from July 2014

Receiving a phone call/minute

€0.08 from July 2012,

€0.07 from July 2013 and

€0.05 from July 2014

Sending a text message

€0.09 from July 2012,

€0.03 from July 2012

€0.08 from July 2013 and

€0.02 from July 2013

€0.06 from July 2014

€0.02 from July 2014

Data usage/Mbyte

€0.70 from July 2012,

€0.25 from July 2012,

€0.45 from July 2013 and

€0.15 from July 2013

€0.20 from July 2014.

€0.05 from July 2014

The prices permitted by the EU Regulation are maximum prices. Service providers are permitted and encouraged to charge lower rates. At least one operator in Ireland advertises that it imposes no additional charges for roaming within the EU. Most other mobile operators advertise that they impose no additional roaming charges or reduced charges for roaming in Northern Ireland, providing customers opt to take service from a named service provider in Northern Ireland usually operating with the same brand name e.g. 3, O2 or Vodafone and T mobile in the case of e-mobile. The detailed terms and conditions may vary depending on the account type and package chosen. Customers should consult with their service provider to identify the charging options available and to ensure they can manually select the most appropriate service provider when roaming in Northern Ireland or disable the automatic switching function to avoid inadvertent roaming within the State in border areas.

I will continue to work with my EU colleagues and at a Government policy level, to reduce the cost of cross-border mobile phone charges.

Energy Resources

Thomas P. Broughan

Ceist:

305 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources his views on recent new evidence that peak oil has not happened and is unlikely to happen and that instead a new global oil boom has occurred; if he will outline the impact of this changed future oil scenario on his energy policy; and if he will make a statement on the matter. [33396/12]

Ongoing discoveries of oil and new methods of extraction of oil and gas continue to change the fossil fuel landscape as well as having impacts on global energy markets. Ireland, however, remains critically dependent on imported fossil fuels, particularly oil and natural gas, which are subject to price volatility and supply risks. This dependency underlines the immediate and long term imperatives of enhancing energy security and moving to more sustainable forms of energy. It is also critical for climate change targets.

Latest International Energy Agency analysis continues to point to a tight balance between global oil supply and demand, with price impacted by ongoing geopolitical uncertainties and fluctuating economic demand in OECD and developing economies. Volatility in global oil prices and continued supply risks underscore the Government's commitment to delivering national energy efficiency and renewable energy objectives which are aimed at moving the economy away from over reliance on imported carbon intensive fossil fuels. Irrespective of new global oil and in particular, gas scenarios, Ireland needs to sustain all efforts to reduce the fossil fuel bill and reduce emissions.

The electrification of transport offers potential for Ireland, not just in terms of energy savings but also because of the opportunity to better utilise grid sourced renewable electricity, as work continues to progressively deliver on the target of 40% renewable generation by 2020.

The Biofuel Obligation Scheme is also enabling the sustainable growth of an Irish biofuels market affording opportunities for indigenous biofuel producers and displacing traditional oil products in the transport sector.

The Government is also committed to continuing and enhancing the delivery of significant energy efficiency improvements across the commercial, public and private sector. Energy efficiency will progressively reduce Ireland's dependence on imported fossil fuels, while supporting energy competitiveness and security as well as employment and economic activity and reducing emissions.

Energy Prices

Thomas P. Broughan

Ceist:

306 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he is satisfied that the impact of recent increases in daily global oil production is being passed on to consumers in view of the fact that when oil production decreases on the global market, Irish consumers immediately see significant increases in the price of petrol and diesel; if he has any plans to examine the operation of the liquid fuels sector in conjunction with the Department of Jobs, Enterprise and Innovation in relation to this process; and if he will make a statement on the matter. [33397/12]

I have no statutory function in relation to the setting of diesel and petrol fuel prices. The oil market is fully liberalised and deregulated. Notwithstanding increased global oil production, the International Energy Agency oil market analysis continues to point to a tight balance between global oil supply and demand with price impacted by ongoing geopolitical uncertainties.

The National Consumer Agency, under the aegis of Department of Jobs, Enterprise and Innovation, carried out a detailed survey on consumer oil prices. The survey found that the prices charged by Irish retailers for oil products relate to the refinery price rather than to the price of crude oil and that prices at the pump reflect the volatile market price, as well as transportation costs, trends in euro/dollar exchange rates and other operating costs, together with the impact of taxation on oil products. There are no plans to carry out a further examination of the sector at this time.

Broadcasting Services

Patrick Nulty

Ceist:

307 Deputy Patrick Nulty asked the Minister for Communications, Energy and Natural Resources if any procedures and protocols are in place with digital TV service providers to deal with household arrears with a particular sensitivity towards vulnerable and low income households; and if he will make a statement on the matter. [33419/12]

There are several digital TV service providers in the country. The main pay TV operators are Sky and UPC. In addition RTÉ operates a digital network called SAORVIEW, which is subscription free.

I have no role in relation to the subscriptions demanded by pay TV service providers or the payment processes they use. The Broadcasting Act 2009 requires RTÉ to provide a national digital network as a replacement for its national analogue TV network. The new digital network is called SAORVIEW. RTÉ has also rolled out a satellite network — SAORSAT. As with the analogue network, these digital networks are subscription free.

Alternative Energy Projects

Anthony Lawlor

Ceist:

308 Deputy Anthony Lawlor asked the Minister for Communications, Energy and Natural Resources if he will confirm that a company (details supplied), in compliance with section 7.3 of the terms and conditions of the refit competition document, has been granted on extension to the REFIT scheme 1 until the end of December 2013; and if he will make a statement on the matter. [33545/12]

The REFIT 1 feed in tariff scheme was open for applications until end 2009 and the project, referred to by the Deputy, applied for entry into the scheme in June 2006. The scheme required that projects were operational by end 2010. However extensions of time have been granted for projects to build out after that date, although the end date of the scheme remained the same.

As there were no other REFIT schemes available for onshore wind energy until REFIT 2 opened in March 2012, an extension of time to build out was granted to those projects seeking extensions between the closure of REFIT 1 and the introduction of REFIT 2, while noting that the backstop date remained 2025. This project was granted an extension in time, at their request, to build until June 2012. I understand that a further extension to end 2013 has been requested.

The REFIT 2 scheme opened in March 2012. It caters for onshore wind projects built between 1/1/10 and 31/12/15. REFIT 2 is on the basis of a minimum price for exported electricity of the REFIT reference price (which is the same as in REFIT 1) plus a balancing payment. The manner in which the balancing payment operates is the main change between REFIT 1 and REFIT 2

My Department is finalising advice for my consideration in relation to whether to grant further extensions to extensions already granted to projects in REFIT 1, in view of the fact that the new REFIT scheme is now in operation. All relevant project developers will be informed as soon as possible of the outcome of my considerations in light of the Department's advice to me.

Post Office Network

Thomas P. Broughan

Ceist:

309 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will consider establishing an inter-departmental group to progress a long-term strategy for the enhancement of the vital post office network; and if he will make a statement on the matter. [33621/12]

Operational matters and the role of developing commercial strategies for the post office network are a matter for the management and Board of An Post and one in which I have no statutory function. As shareholder I do, however, have a strong concern in relation to the ongoing commercial position of the Company and I regularly liaise with the Company in this regard. The Company has been adversely affected by a significant and ongoing downward trend in its core mail business. In response, the Company has, sought to control costs and diversify operations whilst continuing to provide a high quality national service. I fully support the Company's strategy in this regard.

In this context, I have stressed to my Government colleagues that the increased use of the post office network should be considered by public sector bodies where this is appropriate. In the context of the public sector transformation agenda, I will be engaging with my colleague the Minister for Public Expenditure and Reform in relation to new public sector business processes to ensure that the post office network is considered in this regard.

An Post has many strengths and has the largest retail presence in the country. I have impressed on the Company the need to further exploit its unique position in this regard and have been supportive of its attempts to diversify its income streams and to win a wider range of commercial contracts offering higher margins.

Overall, it is Government policy that An Post remains a strong and viable company, in a position to provide a high quality, nationwide postal service and maintain a nationwide customer focused network of post offices.

Flood Prevention Measures

Billy Kelleher

Ceist:

310 Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government if he will be commissioning reports on the recent flooding in Glanmire, County Cork to examine the sequence of events and the effectiveness of the warning system; and if he will make a statement on the matter. [33177/12]

Billy Kelleher

Ceist:

320 Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government if he will be commissioning reports on the recent flooding in Glanmire, County Cork, to examine the sequence of events; the effectiveness of the warning system; and if he will make a statement on the matter. [33171/12]

I propose to take Questions Nos. 310 and 320 together.

Heavy rainfall across the country on the night of 27/28 June gave rise to very localised downpours, particularly in several areas of Cork, including Glanmire. Given their nature, it is not possible accurately to predict the exact location, scale or intensity of such localised downpours. An aggravating factor was the already saturated ground due to the wettest June on record.

As the primary response agencies, Cork local authorities will report comprehensively to their elected members on the flooding and response. When all details and analyses of the flooding event that occurred in Cork last week are to hand in the near future, a detailed report will be prepared for the Government Task Force on Emergency Planning in order that we can learn from it and improve our overall resilience to deal with severe weather events of the kind witnessed last week.

The Office of Public Works is the lead agency for flood risk management in Ireland. However, I understand from the OPW that they are not directly involved in the operation of any flood warning system in County Cork. I further understand from the OPW that Cork County Council very recently (4 July 2012) submitted to them a minor works application for funding under the Minor Works Scheme to undertake a study of the Glashaboy River catchment following the serious flooding which affected the Meadowbrook Housing Estate and the Hazelwood Shopping Centre in Glanmire. The purpose of the study is to identify appropriate alleviation measures. The Council would intend to submit a further minor works application on the identification of such works.

Non-Principal Private Residence Charge

Brendan Ryan

Ceist:

311 Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government if money for the non-principal private residence charge goes to a central Exchequer fund or if it is apportioned to local authorities as the household charge is; and if he will make a statement on the matter. [33472/12]

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. It is used to support the provision of local services and the income from the charge is retained by the individual local authorities that collect it.

Non-Principal Private Residence Change

Billy Timmins

Ceist:

312 Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding the non-principal private residence charge; and if he will make a statement on the matter. [33733/12]

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge by 31 March 2012, unless otherwise exempted or entitled to claim a waiver.

Article 4 of the Local Government (Charges) Regulations 2011 (S.I. No. 721 of 2011) made under the provisions of the above Act, as amended by section 19(1)(h) of the Local Government (Household Charge) Act 2011, prescribes a fee of €10 for the payment of a NPPR charge by a person attending at the offices of a relevant local authority providing such payment services. The €10 charge is payable by that person to the relevant local authority with the said charge from 1 January, 2012.

Over-the counter payments are resource-heavy for local authorities and this is reflected in an additional fee if a person chooses to use an administratively-expensive payment option when others are available. A €10 transaction charge was also recommended by the Local Government Efficiency Review Group to apply to all payments other than those made electronically.

The €10 fee does not apply in any circumstances in the case of persons making payment of a household charge at the office of a local authority. There is no proposal to introduce a fee for payment of the charge by cheque.

Noise Pollution

Peter Mathews

Ceist:

313 Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government the current regulation regarding neighbourhood noise; to whom one should complain if one is suffering from excessive neighbourhood noise; the process of making a complaint; and if he will make a statement on the matter. [32987/12]

Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation.

A public information leaflet A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department's website www.environ.ie

Motor Taxation

Billy Timmins

Ceist:

314 Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position in relation to commercial tax on a crew cab when a farmer who farms with his brother and father but they are not his employees and they have out farms he has been informed by Wicklow County Council that he cannot tax his crew cab commercially even though the three travel together to farm; the action he will take in order to tax his crew cab commercially as it is used commercially for farming; and if he will make a statement on the matter. [32991/12]

For a crew cab to be taxed commercially an applicant must fulfil the normal requirements for goods vehicles. The conveyance of persons other than the driver is prohibited where a vehicle is taxed commercially, except that the carriage of employees is permitted in a goods vehicle provided they are employed by the registered owner of the vehicle, the carriage takes place in the course of their employment and the vehicle is ordinarily used for the conveyance of goods in the course of trade/business.

The assessment of motor tax in the case of any particular vehicle is a matter for the local licensing authority. A licensing authority must be satisfied that the tax class for which an application is being made is the appropriate class for the vehicle in question and may seek whatever additional documentation it deems necessary in order to be satisfied in this regard, including evidence of the existence of employees in order to be satisfied that the reduced rate of motor tax available to commercial vehicles is correctly being applied to the vehicle.

Planning Issues

Michael Healy-Rae

Ceist:

315 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the arrangements with An Bord Pleanála with regard to staff taking holidays; and if it is the situation that everyone takes holidays at the same time which would result in planning applications being delayed in their decisions for people waiting for their appeals to be heard. [33087/12]

Michael Healy-Rae

Ceist:

316 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the number of planning appeals that are awaiting a decision from An Bord Pleanála from four to 14 months; if he will provide a detailed breakdown for each month. [33102/12]

I propose to take Questions Nos. 315 and 316 together

The scheduling of leave arrangements for staff and Board Members is an internal matter for An Bord Pleanála and my Department has no function in that regard. The information sought in relation to the number of planning appeals currently awaiting a decision from An Bord Pleanála for four to fourteen months is not available within my Department. A range of information in respect of planning appeals is available in the annual reports of An Bord Pleanála and on its website.

Departmental Staff

Simon Harris

Ceist:

317 Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33109/12]

As indicated in the reply to Question No. 169 of 4 July 2012, day to day operational matters, including sick leave in the State agencies under my Department's remit are a matter for the agencies concerned.

Waste Management

Sandra McLellan

Ceist:

318 Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government if any changes in legislation are proposed with regard to the importation of partially used or worn vehicle tyres; and if he will make a statement on the matter. [33158/12]

The Waste Management (Tyres and Waste Tyres) Regulations 2007 were designed to improve information on tyre flows and the management of waste tyres. These regulations facilitate the comparison of quantities of waste tyres arising with the amounts placed on the market and the tracking of the movement of waste tyres from their discarding until they are either reused or processed for recycling.

Changes in legislation with regard to the importation of partially used or worn tyres are not within the remit of my Department.

Local Authority Housing

Tom Fleming

Ceist:

319 Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government the total number of housing applications on the local authority waiting list in Killarney, County Kerry; the total number of vacant houses available under various schemes in the Killarney area; his plans for these houses; and if he will make a statement on the matter. [33166/12]

I refer to the reply to Questions Nos. 167,169 and 171 of 28 June, 2012 which set out the position on this matter.

Question No. 320 was answered with Question No. 310.

Water and Sewerage Schemes

Noel Harrington

Ceist:

321 Deputy Noel Harrington asked the Minister for the Environment, Community and Local Government if he will state the position regarding Bantry sewage works programme, County Cork; the expected timetable for the works to be completed; the expected cost; and if he will make a statement on the matter. [33178/12]

The Water Services Investment Programme 2010-2013 provides for the development of a comprehensive range of new water services infrastructure in County Cork. The Programme includes contracts under construction and to commence to the value of some €230 million in the county during the period of the Programme.

The Water Services Investment Programme currently includes two projects in the ‘Contracts to Start' category of the Programme under Bantry Sewerage Scheme. Both of these are now completed resulting in the construction of a new waste water treatment plant in Bantry, the upgrading of the existing waste water pumping station and the provision of waste water transfer pipework between the town and the new waste water treatment plant. The infrastructure installed under these contracts is fully operational since early 2011.

Bantry Sewerage Scheme is also included in the Water Services Investment Programme 2010-2013 in the ‘Schemes at Planning' category of the Programme. This Scheme will provide for the upgrading of the sewage collection system in Bantry town and the elimination of various separate waste water discharges to existing storm water culverts, which are unconnected to the town's existing waste water collection network. The Design Brief for the appointment of Consultants to prepare the Preliminary Report for this element of the scheme was recently submitted by Cork County Council to my Department and this will be assessed as soon as possible. The Preliminary Report, when completed, will make recommendations on the necessary upgrading of the sewage collection network, will outline the costs involved and will also provide the time scale for the delivery of the additional works.

Septic Tank Registration Scheme

Sean Conlan

Ceist:

322 Deputy Seán Conlan asked the Minister for the Environment, Community and Local Government if it is the responsibility of the home owner or lessee of a premises to register for the septic tank charge; and if he will make a statement on the matter. [33182/12]

The Water Services (Amendment) Act 2012 provides that the owner of a premises connected to a domestic waste water treatment system must register the system. Lessees are not obliged to register. Owners may register details of their system on-line at www.protectourwater.ie or at local authority offices or by post to Protect Our Water, PO Box 12204, Dublin 7.

Departmental Funding

Sean Conlan

Ceist:

323 Deputy Seán Conlan asked the Minister for the Environment, Community and Local Government the current position (details supplied) of an application for funding with Pobal; and if he will make a statement on the matter. [33183/12]

Funding of €314m is available under the Rural Development Programme (RDP) 2007-2013 for allocation to qualifying projects up to the end of 2013. Currently there are 35 Local Action Groups contracted, on my Department's behalf, to deliver the RDP throughout the country and these groups are the principal decision-makers in relation to the allocation of project funding. Such decisions are made in the context of the local development strategy of the individual groups and in line with Departmental operating rules and EU regulations.

Projects that require funding of €150,000 or more must seek final approval from the Department before a final decision can be made by the Local Action Group. Pobal has no involvement in the assessment and approval of such projects. The project referred to in the question is one such project and funding of €322,528.41 has been sought. The assessment of higher value projects (projects with a grant approval of €150,000 or more) usually involves detailed consultations between my Department and the relevant local development company. It frequently necessitates the provision of further documentation or clarifications. It may also, in some instances, result in modifications to the project proposed to ensure best value for money and compliance with all the necessary regulations, both national and European, governing the activities funded under the programme.

These assessments also consider whether the project as proposed addresses the needs of the local community in the best possible way. I am sure you will appreciate that a full and detailed assessment of all projects is vital. It must be remembered that currently, project expenditure under Axes 3 and 4 of the Rural Development Programme 2007-2013 is co-financed by the European Union at a rate of 85% and, accordingly, comes within the remit of a strict regulatory regime which requires that each project must be compliant before any funding is awarded.

An application regarding the project in question has not as yet been submitted to the Rural Development Section of my Department. I understand that the Local Development Company dealing with the application does not have sufficient funding available under the Basic Services Measure of the RDP for the proposed project. Recently, as part of a number of changes that I introduced, I announced an additional €10m in funding under the Basic Services Measure of the RDP which is in the process of being allocated to the 35 Local Development Companies. Each Company was asked to make a submission regarding its need for additional funding and the overall value of those submissions is approximately €34m. Accordingly, in the context of the available funding and the level of demand, it will not be possible to allocate funding to all eligible projects.

The project mentioned by the Deputy will be evaluated in that context.

Environmental Schemes

Kevin Humphreys

Ceist:

324 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if the National Economic and Social Council secretariat submitted the interim report on potential options for policies and measures to close the distance to Ireland’s greenhouse gas emission reduction target under Decision 406/2009/EC in the compliance period 2013-2020; the date he will release the interim report; and if he will make a statement on the matter. [33246/12]

The secretariat to the National Economic and Social Council have submitted their interim report. As indicated in the programme for the development of national climate policy and legislation published earlier this year, I intend to release the report and formally invite views from the Oireachtas Joint Committee on the Environment, Culture and the Gaeltacht by end September 2012.

Environmental Schemes

Noel Harrington

Ceist:

325 Deputy Noel Harrington asked the Minister for the Environment, Community and Local Government his plans for the re-instatement of Reendonegan Lake, Bantry, County Cork; the timetable for the work to be completed; and if he will make a statement on the matter. [33293/12]

The local rowing club at Reenydonegan has submitted an engineering report to my Department outlining the works required to re-instate the lake. As it is believed that the original barrage was put in place in the 1950s by the inland fisheries authorities, my Department referred the report to Inland Fisheries Ireland for their views and is awaiting a response.

Rural Development

Michael Healy-Rae

Ceist:

326 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will clarify whether the chair of a local development company will have to vacate the position and cannot seek re-election to the position as chair for a further term of three years (details supplied); if the chair may seek re-election for a further term; and if he will make a statement on the matter. [33350/12]

In line with the guidelines on the Governance of Integrated local development companies and urban based partnerships and the Operating Rules of the Rural Development Programme 2007-2013 the chairperson of the Local Development Company will have to vacate the position at the end of the term but may seek re appointment to the Board as a director and may subsequently be re-elected for a further term.

Every chairperson appointed holds office until the end of the third Annual General Meeting following his or her appointment, whereupon he or she must retire from office as both chairperson and as a director and also cease to be a member of the company. A chairperson who retires in accordance with this may, if willing to act and if re-nominated by any pillar or sector, be re-appointed as a director for a further term provided that no person is re-appointed as a director more than twice and provided that no person holds the office of director for more than two consecutive terms. The directors elect one of their number to be the chairperson of the Company.

Performance Management and Development System

Eoghan Murphy

Ceist:

327 Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the number of local authority employees who completed performance management and development system assessments in 2011 by authority sector; and if he will provide a breakdown of the scoring categories 5 to 1 in each authority sector. [33358/12]

Under section 159 of the Local Government Act 2001, each City and County Manager is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. Accordingly, the detailed information sought is not available in my Department.

Local Authority Charges

Derek Nolan

Ceist:

328 Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government if the non-principal private residence charge applies to persons who are living abroad; the exemptions in place in relation to paying this charge; if owners who now find themselves unemployed are liable to pay the charge; his plans to review the stipulations on this charge; and if he will make a statement on the matter. [33402/12]

The Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties in the State.

The Act has a starting position of a universal liability for residential property in respect of the charge. It goes on to exempt certain buildings and owners from this liability, the most important exemption being where a property is occupied by the owner as his or her sole or main residence on the liability date. Where a property is not occupied by the owner as his or her sole or main residence, it falls liable for the charge, regardless of whether the owner's usual residence is in the State or abroad.

Further exemptions provide for buildings that are newly constructed but unsold and form part of the trading stock of a business; buildings with heritage merit; buildings let by local authorities for social housing or by voluntary housing bodies; buildings which are the subject of a shared ownership arrangement with local authorities; and buildings on which commercial rates are paid and which are wholly used as dwellings. In addition, exemptions apply where a person purchases a property for use as a principal private residence provided they dispose of their existing property within six months; where a charity owns a property, and where a spouse or ex-spouse has an interest in a property after a divorce or separation agreement but does not reside there. Granny flats and principal private residences that have to be vacated due to long-term illness are also exempt if certain criteria are fulfilled.

I have no plans at present to review the exemptions provided under the Act.

Departmental Properties

Niall Collins

Ceist:

329 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if he will expedite a land transfer and correspond with a housing organisation (details supplied) in relation to its query; if he will provide this Deputy with a copy of his response; and if he will make a statement on the matter. [33411/12]

The site in question was approved for inclusion under the Land Aggregation Scheme, and the Housing Finance Agency loan on it was redeemed by my Department in October 2011, following which the process of transferring the land from Limerick County Council to Housing and Sustainable Communities (HSC) Ltd was commenced.

My Department understands that the transfer process from Limerick County Council to HSC Ltd is currently at an advanced stage. Once the transfer has been completed HSC Ltd will have responsibility for managing the land and has undertaken to contact the approved housing body in this context. My Department will write to the approved housing body in this regard and a copy will be provided to the Deputy.

Local Authority Housing

Maureen O'Sullivan

Ceist:

330 Deputy Maureen O’Sullivan asked the Minister for the Environment, Community and Local Government the steps he has taken in relation to the pyrite issue in local authority housing in Dublin; if he has made, or is making, funding available to the local authority to address and redress this matter; and if he will make a statement on the matter. [33431/12]

Funding may be available under the Social Housing Investment Programme to fund major refurbishment works to dwellings with serious structural defects, including problems arising from pyrite. My Department has been liaising with Dublin City Council on this issue on an ongoing basis and is currently assisting the Council with regard to social housing schemes affected by pyrite at a number of locations.

Urban Renewal Schemes

Dessie Ellis

Ceist:

331 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government his plans to publish his regeneration plan and the information it will contain. [33463/12]

My Department currently supports an ambitious programme of regeneration projects to deliver integrated physical, social and economic regeneration, ranging from large-scale urban regeneration projects such as those in Ballymun and Limerick city to smaller estate-wide regeneration projects in Dublin city and in a number of regional towns around the country.

This year my Department is providing some €90 million to support the national regeneration programme. Regeneration goes beyond a bricks and mortar solution in improving the accommodation and lifestyles of residents of run down local authority estates and flat complexes. Regeneration seeks to address the underlying causes of disadvantage and social exclusion and to create vibrant and sustainable communities. The projects supported by my Department take a broad focus, beyond the remediation of the physical environment, also to deliver social and economic regeneration of the areas concerned.

To qualify for regeneration funding, local authorities and regeneration agencies are required to prepare comprehensive evidence-based masterplans, which provide a vision for the physical, social and economic regeneration of the area concerned and set out a framework for delivering on the objectives of the plan. The plan should include detailed strategies and implementation arrangements for delivering all three strands of regeneration and for addressing the socio-economic and infrastructural deficits that contribute to the social exclusion of the community concerned. Beyond this, regeneration masterplans are project-specific and it is a matter for the local authority, in consultation with tenants, the local community and relevant statutory bodies, to determine the nature and extent of individual regeneration projects.

Leader Programmes

Jim Daly

Ceist:

332 Deputy Jim Daly asked the Minister for the Environment, Community and Local Government if it is possible to grant funding to a project situated on land in the ownership of Coillte notwithstanding all other elements of the application that would have to be assessed for approval; and if he will make a statement on the matter. [33629/12]

Jim Daly

Ceist:

333 Deputy Jim Daly asked the Minister for the Environment, Community and Local Government if it is possible to grant Leader funding to a project situated on land in the ownership of Coillte notwithstanding all other elements of the application that would have to be assessed for approval; and if he will make a statement on the matter. [33630/12]

Jim Daly

Ceist:

334 Deputy Jim Daly asked the Minister for the Environment, Community and Local Government if it is possible to grant local authority funding such as the Community Fund to a project situated on land in the ownership of Coillte notwithstanding all other elements of the application that would have to be assessed for approval; and if he will make a statement on the matter. [33631/12]

I propose to take Questions Nos. 332 to 334, inclusive, together.

The operating rules of Axis 3 and 4 (LEADER) of the Rural Development Programme 2007-2013 (RDP) require legally binding leasing arrangements for any land where works of a capital nature are being carried out by the entity seeking funding (promoter). The promoter must provide evidence of Title/Leasehold in respect of capital projects involving land, e.g. sites of building construction/renovation, fixtures, traffic ways, etc. Leases in respect of such projects must run for a minimum period of 5 years from the date of the final grant payment to the promoter. Where a lease or evidence of title is not available a legal document declaring that the project promoter has permission to carry out the project activities concerned for at least a 5 year period, signed by a person/entity recognised as being the person/entity in charge of the property in question and the promoter, will suffice. A solicitor must witness the signing of this document.

Where leasing arrangements as described above are in place, and not withstanding the full and robust consideration of all other elements of the proposed project, a project situated on Coillte land may be eligible in principle for funding from the LEADER elements of the RDP. Section 109 of the Local Government Act 2001 provides the statutory basis for the establishment of a Community Fund. A local authority may by resolution establish a fund (in this section referred to as a ‘‘community fund'') for the purposes of supporting community initiatives and may accept contributions to such fund by any voluntary, business or community group, other local authority or public authority or other person and may itself make contributions to such fund. The establishment of a fund is discretionary but requires a resolution of the Council.

The Rural Recreation Section of my Department has previously provided funding to Coillte to support the implementation of the National Countryside Recreation Strategy and for the development and maintenance of recreation facilities such as walking and cycling trails. Future support of this nature is subject to the availability of funding.

Water Services

Seán Kyne

Ceist:

335 Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government the position regarding the report on the establishment of Irish Water. [33638/12]

The Programme for Government provides for the establishment of a new State-owned national water authority, Irish Water, to take over responsibility for managing and supervising investment in water services infrastructure and to manage the domestic water metering programme. The Memorandum of Understanding between Ireland and the EU/IMF committed Ireland to undertaking an independent assessment of the establishment of such an authority.

The first phase of work on the independent assessment has been completed, and the published report is available on my Department's website. The Government decided in December 2011, based on the recommendations in the independent assessment, to establish a public water utility company to take over the operational and capital delivery functions of local authorities in the water services area.

Work is now focused on the development of an implementation strategy which will address transformation planning in more detail. This strategy will provide the platform for dealing with a broad range of implementation issues during the transitional phase. The implementation strategy is being developed in collaboration with other relevant Government Departments, local authorities, Bord Gáis and NewERA. The strategy will focus on maintaining the delivery of a critical public service during and following a restructuring process, and will give further clarity on the next steps that will be taken in this reform process.

Local Government Reform

Seán Kyne

Ceist:

336 Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if he will report on the progress of implementing those recommendations categorised as immediate, short and medium term of the small advisory group’s report entitled The Voice of Small Business for which he has been designated as having lead responsibility. [33643/12]

My Department has been identified, in the Small Advisory Group's Report — The Voice of Small Business , as having lead responsibility for implementing recommendations in relation to local government reform and efficiencies, commercial rates, property taxes, water charges and the taxing of commercial vehicles.

With regard to local government reform, the Government's broad policy approach was set out in the Programme for Government. In line with this, I intend to bring proposals to Government shortly for an extensive programme of local government reform. Subject to the Government's decisions, I will publish a comprehensive Policy Statement setting out a clear vision for the future of local government and proposals to achieve it, with particular focus on strengthening structures generally at regional, county and sub-county levels, expanding the role of local government, maximising operational and organisational efficiency and improving governance, oversight, local political and executive leadership and citizen engagement.

With regard to the recommendations contained in the Report of the Local Government Efficiency Review Group, I established an independently chaired Implementation Group in April 2011 to drive forward relevant recommendations of the Report, with a focus on key recommendations that will remove costs and yield early savings. The Group has recently completed an interim report and I am considering its contents in the overall context of the Local Government Reform Programme.

With regard to commercial rates, local authorities have responded positively in recent years to requests to exercise restraint in setting commercial rates. 68 rateable local authorities when adopting their 2012 budgets maintained their ARVs at 2011 levels, and 19 reduced theirs. Overall, the average change of ARV from 2011 to 2012 shows a decrease of 0.31%. There are currently no plans to review the regulations or other legislation relating specifically to the payment of commercial rates.

With regard to property taxes, an independently-chaired Inter-Departmental Expert Group was established to consider the structures and modalities for an equitable valuation-based property tax. The Group has recently completed its work and submitted its report to me. I will now be considering the approach to the report in consultation with my Government colleagues.

With regard to water charges, the Memorandum of Understanding with the EU/IMF and ECB commits Ireland to introducing water charges for households during the programming period. However, no decision has been taken by the Government on the exact date for the introduction of water charges. The Government considers that charging based on usage is the fairest way to charge for water and it has decided that water meters should be installed in households connected to public water supplies.

With regard to the taxing of commercial vehicles, Article 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 provides that a licensing authority must be satisfied that a vehicle is correctly taxed. Departmental Circular MT4/1, issued in August 2010, contained an instruction to licensing authorities that an applicant, in particular in relation to small vans and adapted goods vehicles, should be asked for supporting documentation which can include, but is not limited to, evidence of registration for VAT, a Tax Clearance Certificate, a commercial insurance certificate, or a copy of a "Notice of Tax Registration Form". Form RF 111A Goods Declaration Form requires an applicant who is applying for a vehicle to be taxed at the goods rate to provide a Revenue registration identity number to confirm that he or she has a business registered for tax purposes. The Road Traffic Act 2012 places obligations on insurers to provide details of insurance policies. Assisted by this legal framework, it is understood that the Department of Transport, Tourism and Sport is currently working with the Irish Insurance Federation (IIF) to obtain insurance details of vehicles in electronic format.

The Department is also identified in the summary list of actions as responsible agency for accelerating the national revaluations process. This is a matter for the Commissioner of Valuation.

Local Authority Charges

Denis Naughten

Ceist:

337 Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government the estimated cost of operating the non-online aspect of the household charge scheme on an annualised basis; the total projected cost of the administration of the scheme in 2012; and if he will make a statement on the matter. [33650/12]

The Local Government Management Agency (LGMA) administers the household charge system on a shared service/agency basis for all county and city councils. The Local Government Management Agency estimates the annualised projected cost of operating the non-online aspect of the household charge as €4,492,410. The total projected cost of administering the household charge in 2012 is €6,033,052.

Local Authority Charges

Denis Naughten

Ceist:

338 Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government the initial annual administration cost of operating the non-principal private residence charge; the recurring annual cost of the scheme; and if he will make a statement on the matter. [33651/12]

The Local Government Management Agency (LGMA) administers the non-principal private residence charge (NPPR) system on a shared service/agency basis for all county and city councils.

The information requested, which has been compiled by the LGMA, is set out in the following table:

NPPR Bureau Administration Costs

2009

2010

2011

2012 to date

€802,426

€775,555

€809,546

€204,774

Planning Issues

Finian McGrath

Ceist:

339 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his advice on an issue (details supplied) regarding planning. [33717/12]

Transparency has always been an essential part of the planning system. Insofar as the planning application process is concerned there is a facility for the public/third parties to make submissions, and to appeal a decision of the planning authority to An Bord Pleanála as the independent planning appeals body. In relation to development by a local authority the Planning Acts and Regulations similarly make provision for input from the public, whether in the case of decisions made by the elected members of the local authority, or, as is the case where the development would require assessment under the Environmental Impact Assessment or Habitats Directives, An Bord Pleanála.

The forward planning process also makes provision for statutory consultation with the public in relation to the preparation of development plans and local area plans. Furthermore, I am a statutory consultee in the forward planning process in the context of my overall responsibility for the planning policy and legislative framework to support proper planning and sustainable development, and I have delegated powers of direction under Section 31 of the Planning and Development Acts where I am of the opinion, inter alia, that a plan fails to set out an overall strategy for the proper planning and sustainable development of an area.

The Planning Review Report I published, on 12 June 2012, together with the Government's response to the report of the Mahon Tribunal, within the coming weeks, will further underpin a fair, open and transparent planning system.

Local Authority Housing

Billy Timmins

Ceist:

340 Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding a new scheme regarding local authorities and housing; and if he will make a statement on the matter. [33723/12]

Local authorities have long been the lenders of last resort servicing the housing loans needs of less affluent members of society. In the present economic circumstances it is to be anticipated that the ability of some borrowers to service housing loans may become restricted and that a number of loans may fall into arrears.

Section 34 of the Housing (Miscellaneous Provisions) Act 2009 provides local authorities with powers to deal flexibly with distressed borrowers, and they have exhibited admirable forbearance over the years in dealing with such cases. In March 2010 my Department issued guidelines to local authorities, based upon the Central Bank's first Code of Conduct on Mortgage Arrears, which continued the tradition of handling arrears in a manner that is sympathetic to the needs of the particular household, while also protecting the position of the local authority concerned.

To reflect the content of the Central Bank's revised Code of Conduct — which replaced the previous code from 1 January 2011 and was informed by the deliberations of the Expert Group on Mortgage Arrears and Personal Debt — my Department recently issued updated guidance to local authorities in consultation with the County and City Managers Association. This will further enable local authorities to provide a range of flexible repayment options for households in difficulty.

In particular, the introduction of a Mortgage Arrears Resolution Process (MARP), which closely mirrors the suite of options available in the commercial sector, will present borrowers in difficulty with a range of alternative payment agreements, which can be accessed to ease the particular circumstances of each case. This process will feature a standard set of options including, in cases of certain unsustainable mortgages, the facility of mortgage-to-rent. Local authorities have been restructuring loans for some time using their own internal practices. The introduction of these revised guidelines will standardise the approach across the whole sector, introduce a systematic structure to this area and provide borrowers with a transparent and accessible model for arrears resolution.

I expect that the adoption of these revised guidelines will serve simultaneously to help resolve mortgage difficulties for both local authorities and their borrowers.

Non-Principal Private Residence Charge

Brendan Griffin

Ceist:

341 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will instruct local authorities to implement guidelines (details supplied); and if he will make a statement on the matter. [33730/12]

The Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties.

Under the Act, it is a function of a local authority to collect non-principal private residence charges and late payment fees due to it, and all charges and late payment fees imposed and payable to a local authority are under the care and management of the local authority concerned. In this regard, application of the legislation in particular circumstances is a matter for the relevant local authority.

However, 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. The guidelines set out the modalities for local authorities in relation to entering into payment arrangements for the discharge of outstanding liabilities in instalments over a specified period. I expect local authorities to implement these guidelines appropriately.

Immigration Policy

Regina Doherty

Ceist:

342 Deputy Regina Doherty asked the Minister for Justice and Equality if, due to the current shortage of highly quality technological talent, he will review the current working visa permit system to help indigenous companies expand and develop; and if he will make a statement on the matter. [33577/12]

I refer the Deputy to my response of 3rd July last appended below to Parliamentary Questions Nos. 490 and 479. In addition to my answer on that occasion I would point out that in many instances. 95% of all visa applications are approved and that the overall average rate of visa approval is 92%.

While I am not averse in principle to the establishment of an immigration regime specifically geared to the technology sector, it would have to be on the basis that there was concrete evidence of a particular skills deficit in the labour market that cannot be filled by Irish or EU citizens. That labour market assessment would ultimately be a matter for my colleague the Minister for Jobs, Enterprise and Innovation. In this regard it should be borne in mind that the technology sector spans a broad range of skills with differing levels of supply and demand.

I would also envisage that applicants for any such programmes would be subject to a rigorous assessment of their qualifications and experience to ensure that their skill sets are appropriate for the sector in question. In any event, the existing visa application arrangements are entirely flexible and designed to cater for the widest possible range of applicants who may wish to come here as workers, visitors, professionals and so forth.

Human Trafficking

Bernard J. Durkan

Ceist:

343 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent he has identified locations for potential trafficking in children or young adults with particular reference to the need to prevent the activities of organised criminals in this area; and if he will make a statement on the matter. [33678/12]

Bernard J. Durkan

Ceist:

344 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent he has identified situations likely to allow trafficking in children or young adults; the intentions to address any issues arising from evidence available; and if he will make a statement on the matter. [33679/12]

I propose to take Questions Nos. 343 and 344 together.

I am informed by the Garda authorities that the number of children referred to or encountered by An Garda Síochána as possible victims of human trafficking were 17 in 2009; 19 in 2010 and 13 in 2011. This includes persons identified in the course of investigations into offences contrary to the Child Trafficking and Pornography Act 1998 and the Criminal Law (Human Trafficking) Act 2008.

An Garda Síochána has conducted a number of investigations to combat human trafficking, including child trafficking, and will continue to do so in line with information/intelligence available to them. Ongoing training takes place for members of An Garda Síochána who are aware of the signs of human trafficking, including child trafficking. As with all crimes, members of An Garda Síochána are vigilant in their efforts to combat the crime of human trafficking and especially the trafficking of children. Locations and the circumstances of human trafficking can significantly vary and the intelligence led approach of An Garda Síochána has to be based on the particular circumstances which arise.

Under the National Action Plan to Prevent and Combat the Trafficking of Human Beings in Ireland a Working Group on Child Trafficking has been established and is chaired by my Department's Anti-Human Trafficking Unit; this Group has representatives of State organisations including An Garda Síochána and the Health Service Executive; non-governmental organisations and international organisations. The purpose of this Working Group is to progress actions in the Plan related to child trafficking. Specific issues of concern can be raised within this forum and directed, as appropriate, to the representatives from An Garda Síochána.

A Guide on Services for Victims of Child Trafficking has been finalised and is available on the website www.blueblindfold.gov.ie. An information leaflet setting out the signs of child trafficking will shortly be available for distribution and will also be put on the website.

Asylum Support Services

Gerry Adams

Ceist:

345 Deputy Gerry Adams asked the Minister for Justice and Equality if the current residents of the Mosney camp, County Meath are to be relocated to an alternative site; if they are to be relocated to an alternative site; and if the Bettystown Court Hotel is being considered as a possible option. [32992/12]

The Reception and Integration Agency (RIA) of my Department is charged with responsibility for the accommodation of asylum seekers while their applications for protection are being processed. Currently, there almost 5,100 persons accommodated in 37 RIA centres located throughout the State.

RIA has recently signed another contract with Mosney for the accommodation of asylum seekers up to June, 2013. Therefore, the scenario outlined in this question does not arise. Moreover, RIA does not have a contract with the hotel cited by the Deputy.

As a general point, it is not uncommon for unused hotels in locations around the country to generate such speculation but, as a matter of long standing policy, RIA never comments on procurement issues. The number of asylum seekers requiring accommodation now and in the future is under constant review.

Crime Levels

Robert Dowds

Ceist:

346 Deputy Robert Dowds asked the Minister for Justice and Equality if he will provide an explanation as to the reason the sum total of the number of convictions for the white collar crime offences of falsification of accounts, offences under the Companies Act, offences under the Investment Intermediaries Act, offences under the Stock Exchange Act, money laundering, embezzlement, fraud against the European Union and corruption involving a public office holder fell by 98% over the period 2003-2010 from 50 convictions in 2003 with 15 cases pending to one conviction in 2010 with two cases pending according to figures provided by the Central Statistics Office; and if he will make a statement on the matter. [33022/12]

Robert Dowds

Ceist:

347 Deputy Robert Dowds asked the Minister for Justice and Equality if he will provide an explanation as to the reason the number of convictions for the offence of fraud, deception, false pretence offences as classified by the Central Statistics Office, fell by 66% over the period 2003-2010, from a total of 529 convictions in 2003 with 200 cases pending to 177 convictions in 2010 with 158 cases pending according to figures provided by the CSO; and if he will make a statement on the matter. [33023/12]

I propose to take Questions Nos. 346 and 347 together.

I can assure the Deputy that I attach the highest priority to the full investigation of white collar crime and bringing the perpetrators of such crime to justice. On taking office, I raised a number of cases of white collar crime with the Garda Commissioner and I am being briefed on an ongoing basis on the progress of the investigations. I am assured by the Commissioner that the resources allocated to the Garda Bureau of Fraud Investigation are sufficient to meet the demands placed on it and I will respond as necessary to any further legislative needs raised by An Garda Síochána or any of the other bodies involved in the investigation and prosecution of white collar crime.

I should mention that the primary regulative and investigative agency for the offences under the Companies Acts which includes falsification of accounts (Section 22(3) 1986 Companies Act) is the Office of the Director of Corporate Enforcement and the primary regulative and investigative agency for the Investment Intermediaries Act and the Stock Exchange Act is the Central Bank.

My commitment to tackling white collar crime was further underscored by the swift action I took, within eight weeks of taking up office, to move urgently to draft and seek Government approval to the introduction of additional legislation. This new legislation, the Criminal Justice Act 2011, was enacted on 2 August 2011. The main purpose of this new legislation is to address delays in the prosecution and investigation of complex white collar crime by improving certain important procedural matters and strengthening Garda investigative powers. The Act's provisions are based on the experiences of those involved in investigations and prosecutions of white collar crime. It provides new procedures and powers which will speed up both current and future investigations, including investigations into offences in the areas of banking and finance, company law, money laundering, fraud and corruption.

I am also bringing forward a new Bill to clarify and strengthen the law on corruption and to replace a number of overlapping Corruption Acts stretching back to Victorian times.

In so far as the statistics cited by the Deputy are concerned, these relate to the outcome of the criminal prosecution process and the Deputy will appreciate that my role does not extend to the bringing of prosecutions, or indeed to the determination of guilt, which is a matter for the courts.

Garda Investigations

Jonathan O'Brien

Ceist:

348 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if he has been briefed by the Garda on any investigations into exchanges of punts for euros at the Central Bank of Ireland; and if he will make a statement on the matter. [33088/12]

I am informed that An Garda Síochána has not received any recent reports from the Central Bank regarding any suspicion attached to the exchange of money from Punts to Euros.

I also understand that the Central Bank continuously monitors this process to ensure the provision of a secure public service including appropriate procedures to notify the authorities of any suspicious transactions.

Asylum Applications

Bernard J. Durkan

Ceist:

349 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of eligibility for residency status in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [33093/12]

The person concerned arrived in the State on 21 December 2003 and made an application for asylum the following day. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 29 October 2004, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.

On 10 October 2006 the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006), came into force. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present.

The wife of the person concerned made an application for Family Reunification on 15 February 2010. As is standard practice where an application for family reunification has been made in addition to an application for Subsidiary Protection and representations for consideration under Section 3 of the Immigration Act 1999 (as amended), the family reunification application will be considered first and a decision notified. This application was refused and the wife of the person concerned was so notified by letter dated 6 January 2012.

The person's application for Subsidiary Protection will be considered next. In the event that this application is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

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

Citizenship Applications

Bernard J. Durkan

Ceist:

350 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in respect of determination of an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [33094/12]

I can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship. A letter issued on 27 June 2012 to the person referred to by the Deputy asking him to submit the prescribed fee and other documents so he can attend the next citizenship ceremony at which he will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive his certificate of naturalisation.

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

Departmental Staff

Simon Harris

Ceist:

351 Deputy Simon Harris asked the Minister for Justice and Equality the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33114/12]

The information detailed in the table below is in respect of agencies, offices and other bodies staffed by and/or reporting to my Department:

Agency/Body

>5 days

>10 days

>15 days

20 days

>21 days

The Equality Authority

4

3

1

0

3

The Equality Tribunal

4

1

0

0

4

Office of the Data Protection Commissioner

1

2

0

0

3

Private Security Authority

9

0

1

0

0

National Property Services Regulatory Authority

0

4

0

0

1

The Courts Service

218

63

32

5

79

The Legal Aid Board

88

13

10

1

24

The Irish Prison Service (discipline grades)

728

395

236

0

651

Property Registration Authority

133

66

23

5

74

Garda Síochána Ombudsman Commission

17

6

4

4

4

National Disability Authority

12

2

2

0

3

Irish Human Rights Commission

0

0

0

0

0

The ten highest incidences of sick leave across these bodies are as follows:

365 days (5 individuals), 363 days (1 individual), 355 days (1 individual), 314 days (1 individual), 313 (1 individual), 312 (1 individual).

The information in relation to An Garda Síochána will be provided directly to the Deputy by the Division concerned.

Crime Levels

Peadar Tóibín

Ceist:

352 Deputy Peadar Tóibín asked the Minister for Justice and Equality if he will provide details of the total number of crimes committed, prosecutions and convictions in the Castlepollard area, County Westmeath, or closest geographical area for the years 2007, 2008, 2009, 2010 and 2011; and if he will also provide a breakdown of the figures showing the incidence of each type of crime in the same region over the same time span. [33126/12]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide statistics directly to the Deputy.

Garda Transport

Charlie McConalogue

Ceist:

353 Deputy Charlie McConalogue asked the Minister for Justice and Equality the number of Garda cars by district within the Donegal division; the change in number of Garda cars by district within the Donegal division over the past five years; and if he will make a statement on the matter. [33165/12]

The provision and allocation of Garda vehicles is a matter for the Garda Commissioner in the context of his identified policing priorities. At Divisional level responsibility for the efficient deployment of Garda vehicles is assigned to the Divisional Officer, who may allocate vehicles between Districts on the basis of operational requirements.

I am informed by the Garda authorities that the number of Garda vehicles assigned to the Districts in the Donegal Garda Division for the period referred to by the Deputy is as set out in the table below:

District

2012

2011

2010

2009

2008

Ballyshannon

12

10

12

9

8

Buncrana

11

13

14

12

13

Glenties

6

5

6

6

6

Letterkenny

14

18

20

20

17

Milford

6

6

6

8

9

Total for Division

49

52

58

55

53

Garda Stations

Charlie McConalogue

Ceist:

354 Deputy Charlie McConalogue asked the Minister for Justice and Equality if any proposals have been submitted to Garda headquarters from the Donegal Garda division recommending the closure of any Garda stations in County Donegal; if so, the name of those Garda stations earmarked for closure; and if he will make a statement on the matter. [33167/12]

Under the Garda Síochána Acts 2005-2007, the Commissioner is required to submit, before November of each year, a policing plan for the forthcoming year. Any proposals for the closure of Garda stations or the altering of Regional or Divisional boundaries must be set out in that plan. The Policing Plan for 2013 has not yet been prepared and therefore it is not possible to say at this stage what it may contain although I expect that it will contain measures to address the ongoing issue of rationalisation of the Garda station network.

Citizenship Applications

Maureen O'Sullivan

Ceist:

355 Deputy Maureen O’Sullivan asked the Minister for Justice and Equality the number of persons, since 2005, that have been naturalised every year and to date in 2012; and if he will give an indication of the top ten nationalities that have been naturalised since 2005. [33187/12]

I am advised by the Irish Naturalisation and Immigration Service that the number of Certificates of Naturalisation issued in the years 2005 to 2012 were approximately 1,400, 1,400, 1,500, 3,100, 4,500, 6,400, 10,700, and 12,300 in the year to date respectively.

The top ten nationalities naturalised since 2005 are Nigerian, Filipino, Indian, South African, Chinese (including Hong Kong nationals), Pakistani, Bangladeshi, Ukrainian, Russian Federation nationals and nationals of the United States of America.

Crime Prevention

Paul Connaughton

Ceist:

356 Deputy Paul J. Connaughton asked the Minister for Justice and Equality his views on the link between below cost selling of alcohol and the prevalence of drink fuelled crime on the country’s streets; the plans that exist in terms of changes to legislation in relation to this matter; and if he will make a statement on the matter. [33206/12]

I very much share the Deputy's concern about the incidence of street violence and anti-social behaviour. There is little doubt that much of this is fuelled by excessive drinking, as well as the use of illegal drugs.

An Garda Síochána is using the strong legal powers available under the Public Order Acts and the Intoxicating Liquor Acts to keep our streets as safe as possible, including prosecutions where appropriate. The powers available include the seizure of alcohol to prevent under age drinking in public places and to forestall public disorder or damage to property. Gardaí may also issue fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place. These are a more efficient use of Garda resources and avoid court proceedings when an offender pays the penalty.

I am in regular contact with the Garda authorities about these matters and these contacts will continue.

However, this problem is not simply a matter of law and order. Rather, it requires action by parents, educators and those who sell alcohol, not only in public houses, but right across the retail sector. I have indicated that, in the coming months, I intend to put in place new regulations to prohibit the below cost selling of alcohol and also alcohol promotions that encourage excessive drinking.

Garda Transport

Charlie McConalogue

Ceist:

357 Deputy Charlie McConalogue asked the Minister for Justice and Equality the number of Garda cars by station within the Donegal division; the change in the number of garda cars by station within the Donegal division over the past five years; and if he will make a statement on the matter. [33210/12]

I have sought information from the Garda authorities in relation to the matters raised in this Question and I will respond further to the Deputy as quickly as possible.

Garda Strength

Charlie McConalogue

Ceist:

358 Deputy Charlie McConalogue asked the Minister for Justice and Equality the current number of gardaí by station and by district in the Donegal division; and if he will make a statement on the matter. [33218/12]

I have been informed by the Garda Commissioner that the strength of each Garda District and Station in Donegal, as of 31 May 2012, the latest date for which figures are readily available was as set out in the table below:

District

Station

31/05/2012

Letterkenny

Letterkenny

107

Carrigans

5

Castlefin

4

Brocach

0

Newtowncunningham

2

Raphoe

3

Lifford

17

Ballybofey

22

Convoy

3

Total

163

Buncrana

Buncrana

50

Burnfoot

6

Carndonagh

4

Clonmanny

2

Malin

3

Moville

6

Muff

4

Total

75

Milford

Milford

27

Carrigart

2

Kerrykeel

4

Kilmacrennan

1

Churchill

1

Dunfanaghy

2

Craosloch

1

Falcarragh

9

Ramelton

2

Rathmullen

1

Total

50

Glenties

Glenties

24

Annagry

1

Ardara

1

Bunbeag

15

Burtonport

0

Clougher

0

Dungloe

8

Carrick

2

Gleann Cholmcille

1

Total

52

Ballyshannon

Ballyshannon

46

Ballintra

1

Bundoran

6

Donegal Town

33

Pettigo

0

Na Cealla Beaga

6

Mountcharles

1

Total

93

Donegal Division

Total

433

Firearms and Ammunition Security

Jonathan O'Brien

Ceist:

359 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if firearms and ammunition stored at Clancy Barracks, Dublin 8, between 1 July and 31 December 2001 were destroyed by the Garda Technical Bureau. [33241/12]

Jonathan O'Brien

Ceist:

360 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the date on which the request for tender was issued to 13 companies for the destruction of firearms and ammunition stored at Clancy Barracks, Dublin 8; and if the request was issued to companies based in states outside of Ireland. [33242/12]

Jonathan O'Brien

Ceist:

361 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if the tender company who secured the contract of destroying firearms and ammunition at Clancy Barracks, Dublin 8, between 2000 and 2001 benefited from the exporting of scrap metal shipped abroad for recycling, or if the company was paid separately. [33244/12]

Jonathan O'Brien

Ceist:

362 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the exact date in 2000 date on which the firearms and ammunition were destroyed at Clancy Barracks, Dublin 8; and if he will make a statement on the matter. [33245/12]

I propose to take Questions Nos. 359 to 362, inclusive, together.

I am informed by the Garda authorities that firearms which had been held at Clancy Barracks were destroyed at another location on thirty-two occasions between 1st July, 2000 and 31st December, 2001. The destruction of these firearms was authorised by the Chief Superintendent in charge of the Garda Technical Bureau. I am further informed by the Garda authorities that, for security reasons, it would be inappropriate to provide further details in relation to this matter.

I am also advised that a request for tender for the destruction of ammunition stored at Clancy Barracks issued on 19 November, 2001. The tender issued to 13 companies with expertise in the area and these included companies which were Irish based and companies which were based outside the State. In addition, I understand that the successful company was paid by the Garda authorities on completion of the service required.

Garda Vetting of Personnel

Derek Keating

Ceist:

363 Deputy Derek Keating asked the Minister for Justice and Equality if his attention has been drawn to the fact that under the vetting system supervised by his Department, a question on the application form for Garda clearance asks a person applying if they have ever been convicted of a crime; if his further attention has been drawn to the fact that a number of persons have completed the form stating that they have not been convicted but the Garda record any person who has been brought to court by the Garda and this is deemed to be a conviction and is recorded on the computer system and thereby used to refuse Garda clearance when such a person is applying for a position that may not be related in any way to a child protection issue; if he will re-examine this; and if he will make a statement on the matter. [33247/12]

The Garda Central Vetting Unit (GCVU) provides employment vetting for a large number of organisations in Ireland which are registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to work with children and/or vulnerable adults. The primary purpose of the process is the protection of children and vulnerable adults.

Garda Vetting Disclosures are predicated on the signed authorisation of a vetting subject for An Garda Síochána to disclose to the registered organisation "details of all prosecutions, successful or not, pending or completed, and/or convictions which may be recorded in respect of them in the State or elsewhere"; or alternatively that there are "no prosecutions or convictions recorded in respect of them".

The Garda Central Vetting Unit does not provide Garda clearance. The function of the GCVU is to make disclosure, in accordance with a written authorisation from the vetting subject to the registered organisation. Decisions on the suitability of the person concerned rest at all times with the recruiting organisation to which a vetting disclosure is made.

Legal Complaints Procedures

Finian McGrath

Ceist:

364 Deputy Finian McGrath asked the Minister for Justice and Equality if he will support the case of a person (details supplied) regarding complaints about a solicitor who dealt with a property sale. [33269/12]

The matter referred to by the Deputy concerns the client of a solicitor who is dissatisfied with the legal services provided by that solicitor. Under the current regulatory regime, the Law Society of Ireland, the Solicitors Disciplinary Tribunal and the Office of the Independent Adjudicator are the statutorily independent bodies charged with investigating or resolving complaints against solicitors under the Solicitors Acts 1954-2008 and their attendant regulations.

Under these statutory complaints structures the Law Society is, therefore, the usual or main route of redress for aggrieved clients of solicitors, outside of the courts. The Society's Complaints and Client Relations Committee, which includes lay members, determines complaints lodged directly to it by members of the public. The Society provides guidance on "making a complaint" at its website, www.lawsociety.ie.

The Solicitors Disciplinary Tribunal deals with complaints of misconduct and applications to it are either referred by the Law Society or made directly by members of the public. The Tribunal members are appointed by the President of the High Court and act independently of the Law Society. Further details are available on the Tribunal's website www.distrib.ie.

Persons who are unhappy with the Law Society's handling of the complaint may also forward their complaint to the Office of the Independent Adjudicator [www.independentadjudicator.ie]. The Independent Adjudicator was established to provide an independent forum to which members of the public could apply if they were dissatisfied with the manner in which the Law Society had dealt with their complaint. It is important to note that the Adjudicator’s role is to investigate the handling of the complaint by the Law Society and not to investigate the substance of the original complaint.

Under current law, therefore, it is not my function as Minister to determine or to intervene in disputes or difficulties between solicitors and their clients. Nor would it be appropriate for me to give legal advice on specific cases or to make a complaint on a person's behalf. Rather, these are matters to be dealt with by the designated statutory bodies or through the courts. Persons considering taking legal action against a solicitor may find it more prudent to first seek independent legal advice on the strength or otherwise of their position. It will then be a matter for the persons concerned to decide which course of action might be best suited to the circumstances of their complaint and to approach the relevant disciplinary body on that basis.

The Deputy may also wish to be aware that the Legal Services Regulation Bill 2011, which is due to commence Committee Stage following the summer recess, will establish a new, independent, Legal Services Regulatory Authority with responsibility for the oversight of both solicitors and barristers. There will be a new complaints system to deal with complaints about professional misconduct independent of both the Law Society and the Bar Council backed up by a Legal Practitioners' Disciplinary Tribunal. Members of the public who wish to make complaints will no longer do so through the Law Society or the Bar Council but through the new Legal Services Regulatory Authority. There will also be a new and more transparent legal costs regime based on a set of Legal Costs Principles provided in statute for the first time and a new Office of the Legal Costs Adjudicator whose determinations on disputed legal costs will be published.

Naturalisation Applications

Finian McGrath

Ceist:

365 Deputy Finian McGrath asked the Minister for Justice and Equality if he will support a matter (details supplied) [33287/12]

I am advised by my officials in the Irish Naturalisation and Immigration Service (INIS) that a decision letter has issued to the person referred to by the Deputy.

The person concerned has exceeded the maximum 3 year period permitted under the regime for full time non EEA nationals to remain in the State to pursue a course at Language and Non Degree level.

The person referred to by the Deputy is permitted to enrol on a Degree Programme Course. The maximum aggregate time a non-EEA student is permitted to be in the State as a student is seven years. The person has been advised of her options in this regard and has been granted a temporary extension of permission to remain until the 17 August, 2012 in order to consider the options available.

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

Garda Civilian Staff

Seán Kenny

Ceist:

366 Deputy Seán Kenny asked the Minister for Justice and Equality the number of civilian staff by grade currently working in the Garda training centre and Garda headquarters; and if he will make a statement on the matter. [33295/12]

I am informed by the Garda authorities that as of 30 June 2012, the number of Garda civilian staff attached to the Garda College in Templemore and Garda Headquarters in the Phoenix Park was 51 and 278 (Whole Time Equivalents) respectively. A breakdown of the grades concerned was as set out in the table below:

Garda College Templemore

Teacher

20

H.E.O.

1

E.O.

3

S.O.

8

C.O.

19

Total

51

Garda Headquarters

Legal Services (solicitor)

1

Accountant Grade II

2

Executive Director

1

Researcher

3

Director

1

Technicians

24

Chief Medical Officer

1

P.O.

2

Assistant CMO

1

A.P.

10

Doctor

1

H.E.O.

43

Nurse

5

E.O.

12

Transport (Accident Damage Co-ordinator)

1

S.O.

10

Photographer

3

C.O.

156

Accountant Grade I

1

Total

278

Citizenship Applications

Eric J. Byrne

Ceist:

367 Deputy Eric Byrne asked the Minister for Justice and Equality the position regarding an application in respect of a person (details supplied) in Dublin 20; and if an exemption was based on the facts outlined will be accepted; and if he will make a statement on the matter. [33304/12]

Section 6A of the Irish Nationality and Citizenship Act 1956 as inserted by section 4 of the Irish Nationality and Citizenship Act 2004 provides that a person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. The section does not apply to certain persons including those born to parents one of whom is at the time of the person's birth an Irish citizen, British citizen or a person entitled to reside without restriction. For the purpose of calculating reckonable residence under section 6A certain residence is excluded from consideration including unlawful residence, residence covered by a permission granted under Section 4 of the Immigration Act 2004 for the purpose of study and residence covered by a provisional permission granted pending determination of an asylum application.

Applicants for certificates of naturalisation are required to provide evidence that they were resident and that they had the permission of the Minister to remain in the State for the prescribed period. Periods for which an applicant did not have the permission of the Minister and periods for which permission granted for the purpose of study are not reckonable for the purpose of satisfying the residency requirements.

Upon application for a passport, the Passport Office of the Department of Foreign Affairs assesses the child's entitlement to citizenship based upon the parent's reckonable residency. If the parents do not have sufficient residency the child does not have an entitlement to citizenship. It remains open to the parent of the child to make an application for a certificate of naturalisation on their behalf under section 15 of the 1956 Act when the child has 5 years reckonable residency in the State.

Property Transaction Register

Eoghan Murphy

Ceist:

368 Deputy Eoghan Murphy asked the Minister for Justice and Equality if any steps have been taken to establish a property transaction register; and when he envisions it to be up and running. [33354/12]

Section 86 of the Property Services (Regulation) Act 2011 provides that the Property Services Regulatory Authority shall prepare and maintain a register of residential property sales prices in the State. I am advised by the Authority that it expects to publish the register by the end of September 2012. It is anticipated that the residential property sales prices register will comprise a database searchable by a number of criteria including address of property, value of property, by county, city or town. The information which will be contained in the database will be the full address of the property, its sale price and date of sale. The register will, at the outset, cover all sales between 1 January 2010 to date of publication. It is anticipated that the information will be updated regularly and will be current within 30 days of the actual date of sale of the property.

Section 87 of the Property Services (Regulation) Act 2011 provides that the Authority shall establish and maintain a database relating to commercial property leases. It is anticipated by the Authority that the commercial leases database will be put in place during the early part of 2013 and that it will contain data relating to leases entered into after 3 April 2012.

Garda Vetting of Personnel

Catherine Murphy

Ceist:

369 Deputy Catherine Murphy asked the Minister for Justice and Equality if he will explain the reason there are delays to secure Garda clearance; if there are actions under way to reduce the waiting times; and if he will make a statement on the matter. [33400/12]

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.

The current average processing time at the GCVU is 3 weeks approximately. This, in my view, is well within acceptable limits. Seasonal fluctuations and the necessity to seek additional information on particular applications can, however, result in this processing time being exceeded on occasion. Registered organisations have been advised to take account of these processing times, and the possible need for additional information to be provided in some cases, in their recruitment and selection processes.

I would remind the Deputy that since I became Minister I have taken a number of measures to ensure that the time it takes for the processing of vetting applications improves significantly. I remain very conscious of the need to keep the time required to obtain a vetting to the minimum possible.

Garda Powers

Noel Harrington

Ceist:

370 Deputy Noel Harrington asked the Minister for Justice and Equality the State agencies and bodies that have the power to enter or search premises in the course of an investigation; if they need a search warrant; and if he will make a statement on the matter. [33443/12]

The law relating to powers of entry and search for the purposes of criminal and civil investigations is detailed and complex. Members of the Garda Síochána and many other persons by virtue of the particular office that they hold have powers to enter or search private property without the consent of the occupier, and in some instances without a search warrant. It should be said that the majority of Agencies and Bodies that have such powers operate outside the aegis of my Department.

Insofar as my Department is concerned, a number of Bodies have powers of entry and search, in the course of their investigations. These include the Garda Síochána, the Private Security Authority, the Property Services Regulatory Authority, the Data Protection Commissioner and the Garda Síochána Ombudsman Commission.

Members of the Garda Síochána have a wide range of common law and statutory powers to enter a private premises. These powers are restricted in terms of their purpose and the circumstances in which they may be used. Such restrictions arise from the need to balance, on the one hand, the duty of a member to enforce the law and protect individuals and, on the other, the rights of individuals to ownership and privacy. In addition, the Deputy will be aware that Article 40.5 of the Constitution affords special protection to domestic dwellings providing that they are inviolable and may not be forcibly entered save in accordance with law.

Examples of the powers available to members of the Garda Síochána include the common law power to enter a private premises without a warrant in order to save a life within; section 6 of the Criminal Law Act 1997 which permits the entry and search of any premises to effect an arrest; and section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 which permits a member to apply to a District Court judge for a search warrant for the purpose of gathering evidence in relation to the commission of a serious offence.

Naturalisation Applications

Gerald Nash

Ceist:

371 Deputy Gerald Nash asked the Minister for Justice and Equality if an application for naturalisation in respect of a person (details supplied) has been successful; and if he will make a statement on the matter. [33467/12]

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

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

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. Considerable resources are deployed to process applications and these resources together with the necessary administrative arrangements are kept under review.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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

Garda Stations

Paul Connaughton

Ceist:

372 Deputy Paul J. Connaughton asked the Minister for Justice and Equality when Ballygar Garda Station, County Galway will be repaired after a recent fire in the station as its closure at the moment is causing concern and anxiety among the local community; and if he will make a statement on the matter. [33468/12]

The programme of replacement and refurbishment of Garda accommodation is based on agreed priorities established by An Garda Síochána. The programme is progressed in co-operation with the Office of Public Works, who have responsibility for capital expenditure in respect of Garda accommodation. I am informed by the Garda authorities that a tender for repair works in respect of Ballygar Station has recently been issued by the Office of Public Works.

Garda Operations

Michael Healy-Rae

Ceist:

373 Deputy Michael Healy-Rae asked the Minister for Justice and Equality if his attention has been drawn to the case of a person whose house was burgled having notified the Garda was told that as they would have to collect a garda herself as no transport was available; and if he will make a statement on the matter. [33469/12]

Decisions in relation to Garda operations and the deployment of Garda resources are a matter for the Garda Commissioner.

I am advised by the Garda authorities that the burglary referred to by the Deputy was reported in person at around 10pm at a Garda station in Co. Donegal. Rather than wait for the return of the local patrol car, which was on patrol in the locality, and given that the premises was around 700 metres from the station, the Garda member on duty immediately accompanied the victim of the crime in her car to check out the premises and to expedite the Garda inquiries into the burglary. Additionally, the member sought to reassure the victim with his immediate presence.

While care must be taken in relation to publicly commenting on individual cases, and while nothing should be said that intrudes into individual privacy, I do feel it appropriate to say that in the light of the circumstances I have outlined, I believe that the action of the Garda member in this case demonstrated the determination of An Garda Síochána to serve the community in the most effective and practical way possible.

More generally, I am, of course, happy to express my appreciation and support for the work of An Garda Síochána on my own behalf, that of the Government, and, in particular, on behalf of the communities they serve.

Crime Prevention Officers

Tom Hayes

Ceist:

374 Deputy Tom Hayes asked the Minister for Justice and Equality the position regarding the appointment of a crime prevention officer for South Tipperary; and if he will make a statement on the matter. [33470/12]

The Deputy will be aware that the Commissioner, in consultation with his senior management team, is responsible for the detailed allocation of resources, including personnel, throughout the organisation, and I have no function in the matter.

Garda management closely monitors this allocation of resources, including transfers and retirements, in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

I am further advised that the crime prevention function of An Garda Síochána being provided to the community in Tipperary has not been adversely affected as crime prevention and personal security advice is being provided by appropriate Divisional resources and where more in-depth specialist advices are required, the services of the Divisional Crime Prevention Officer from the neighbouring Waterford Garda Division are utilised.

International Office for Migration

Eric J. Byrne

Ceist:

375 Deputy Eric Byrne asked the Minister for Justice and Equality the staffing, structure, funding, and overall composition of the Dublin office of the International Office for Migration; and if he will make a statement on the matter. [33531/12]

As the International Organisation for Migration (IOM) is an inter-governmental body operating on a global basis, my Department has no role or function in relation to its structure, staffing or operations. Immigration services are provided by IOM to my Department — principally in the area of assisted voluntary return of migrants to their home country — on a funded basis matched with funding provided by the European Commission.

Visa Applications

Bernard J. Durkan

Ceist:

376 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for a student visa in respect of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [33560/12]

I am advised by my officials in the Irish Naturalisation and Immigration Service (INIS) that the Department will be in contact shortly with the person concerned to seek additional information in order to process this application.

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

Garda Strength

Dara Calleary

Ceist:

377 Deputy Dara Calleary asked the Minister for Justice and Equality if he will provide the number of whole full-time equivalent of garda in Malahide Garda station, County Dublin, for the years, 2008, 2009, 2010, 2011 and to date in 2012; and if he will make a statement on the matter. [33561/12]

I have been informed by the Garda Authorities that the strength of Malahide Garda station on the 31 December 2008, 2009, 2010, 2011 and on the 31 May 2012, the latest date for which figures are readily available, was as set out in the table:

31/12/2008

31/12/2009

31/12/2010

31/12/2011

31/05/2012

45

44

37

35

35

Garda Transport

Dara Calleary

Ceist:

378 Deputy Dara Calleary asked the Minister for Justice and Equality the number of official Garda vehicles that are attached to Swords Garda district, Malahide Garda sub district and Coolock Garda sub district, Dublin; and if he will make a statement on the matter. [33562/12]

The provision and allocation of Garda vehicles is a matter for the Garda Commissioner in the context of his identified policing priorities. At Divisional level responsibility for the efficient deployment of Garda vehicles is assigned to the Divisional Officer, who may allocate vehicles between Districts on the basis of operational requirements.

I am informed by the Garda authorities that the number of Garda vehicles assigned to the Garda stations referred to by the Deputy is as set out in the table:

Coolock District

Station

No. of Garda vehicles

Coolock

16

Malahide

3

Swords

10

Census of Population

Dara Calleary

Ceist:

379 Deputy Dara Calleary asked the Minister for Justice and Equality based on the 2011 census, the population in each of the following Garda sub-districts (details supplied). [33563/12]

I have been informed by the Garda authorities that the Garda strength of the Swords, Malahide and Coolock Garda Stations, on the 31 May 2012 the latest date for which figures are readily available, was 76, 35 and 115 respectfully. Population figures are available from the Central Statistics Office website at www.cso.ie.

Garda Strength

Dara Calleary

Ceist:

380 Deputy Dara Calleary asked the Minister for Justice and Equality the current operational strength of whole full-time equivalents at non-peak times, that is 7am, in Malahide Garda station; and if he will make a statement on the matter. [33564/12]

I am informed by the Garda authorities that the personnel strength of Malahide Garda Station as of 31 May 2012, the latest date for which figures are readily available, was 35. For security and operational reasons, it is Garda policy not to disclose the number of personnel on duty at any given time.

Garda Overtime

Dara Calleary

Ceist:

381 Deputy Dara Calleary asked the Minister for Justice and Equality the current overtime allocation for Swords sub-district, Malahide sub-district and Coolock sub-district, Dublin; and if he will make a statement on the matter. [33565/12]

The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context I am informed by the Garda authorities that they are not in a position to provide details of overtime allocations for the sub-districts referred to by the Deputy. I understand that this is due to the fact that Garda overtime expenditure arises on the basis of operational requirements and is not specifically linked to individual locations.

Garda Strength

Dara Calleary

Ceist:

382 Deputy Dara Calleary asked the Minister for Justice and Equality the number of Garda sergeants attached to Malahide Garda station, County Dublin; and if he will make a statement on the matter. [33566/12]

Dara Calleary

Ceist:

383 Deputy Dara Calleary asked the Minister for Justice and Equality the number of Garda sergeant vacancies in Malahide Garda sub-district. [33567/12]

I propose to take Questions Nos. 382 and 383 together.

I am informed by the Garda authorities that on 31 May 2012 there were 4 Garda Sergeants attached to Malahide Garda Station. This is a reduction of 1 Sergeant from the same date in 2009.

The Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

Policing Plans

Dara Calleary

Ceist:

384 Deputy Dara Calleary asked the Minister for Justice and Equality the scope of the current impact assessment process being undertaken on the demands placed on each Garda station district and station in County Donegal; if he will outline the likely date for the conclusion of these assessments; if there will be any public consultation on this process; and if he will make a statement on the matter. [33604/12]

The Deputy will be aware of the process leading up to the publication of the Commissioner's policing plan for each year. That process has not yet been completed for the policing plan for 2013 and it is therefore not possible to state what it will contain although I do expect that it will contain proposals for the further rationalisation of Garda stations and Districts. In this regard, each Regional Officer is tasked with conducting an impact assessment on the demands placed on each Garda district and station within their region.

The overall operational effectiveness and resilience of the Garda Síochána is also being examined and covers such areas as the broad range of policing activity and resources including courts, escorts, protection posts, station opening hours, training, contracts/procurement, civilianisation and specialisation and partnerships with other agencies to enhance overall efficiency in the justice system. The objective of this review is to identify opportunities to achieve further efficiencies in the Garda Síochána while at the same time ensuring that the commitment of An Garda Síochána to the community is not diminished. The analysis of the assessment findings from the Northern Region, within which the Donegal division is located, is awaited. The Garda Commissioner has reiterated the commitment of An Garda Síochána to continue to provide a professional and effective policing service within the prevailing economic conditions. However, the Garda Síochána is not immune from the harsh economic realities which are impacting on the community and the public sector alike.

Human Trafficking

Ciara Conway

Ceist:

385 Deputy Ciara Conway asked the Minister for Justice and Equality the number of recorded victims of human trafficking in County Waterford in 2010 and 2011; if he will provide details of the gender, age profile and country of origin of each of these victims; the number of convictions that have been secured in respect of these offences; and if he will make a statement on the matter. [33617/12]

I am informed by the Garda authorities that in June 2010 a 34 year old Bulgarian female, who had been arrested by An Garda Síochána in Waterford Garda Division in relation to other matters, alleged that she had been deceived into travelling to Ireland by an unidentified male. She was recorded by An Garda Síochána as a possible victim of human trafficking but the person did not wish to make a statement and left the jurisdiction, travelling to the UK. There was no further information available to An Garda Síochána and the matter could not be progressed further.

No victims of human trafficking came to the attention of An Garda Síochána in Waterford Garda Division in 2011.

Garda Training

Thomas P. Broughan

Ceist:

386 Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of active gardaí excluding those retiring, resigning and so on that are now trained to operate each intoxilyser machine; the number trained in each division; the number of members of the traffic corps trained in the use of the intoxilyser machines; if there are adequate numbers of gardai trained to use the 22 intoxilyser machines that are currently being assigned across the country; the length of time and the cost of training for the use of an intoxilyser machine; and if he will make a statement on the matter. [33622/12]

I am informed by the Garda authorities that the total number of operators and supervisors trained in the use of intoxilysers is 1014. This is further broken down into 840 operators and 174 supervisors. A minimum of two persons per unit are trained in the use of these machines. A more detailed breakdown is not readily available and would require a disproportionate amount of Garda resources to elicit the information requested.

The information in relation to the distribution of the 22 new machines and the time and cost of training is not readily available. I have requested the information from the Garda authorities. I will be in contact with the Deputy when the information is to hand.

Magdalene Laundries

Dara Calleary

Ceist:

387 Deputy Dara Calleary asked the Minister for Justice and Equality if gardaí current or retired will be assured that their participation in Senator McAleese’s inquiry is to be encouraged by him; the measures being taken by him and An Garda Síochána to encourage and facilitate individual serving or retired members of An Garda Síochána in providing oral or written witness evidence to this committee; and if he will make a statement on the matter. [33624/12]

Officials of my Department were first in contact with the Garda Commissioner in July 2011 about the sourcing of records and information from serving and retired members of the Garda Síochána relevant to the work of the Committee chaired by Senator McAleese charged with establishing the facts of the State's involvement with the Magdalen laundries. The Garda Síochána are cooperating fully with the work of the Committee.

Cash for Gold Trade

Robert Troy

Ceist:

388 Deputy Robert Troy asked the Minister for Justice and Equality if he will regulate the cash for gold industry that has swept across Ireland in view of the fact that the lack of regulation is leading people to having their jewellery stolen and ultimately is leading to a rise in the number of break-ins. [33632/12]

I can inform the Deputy that on 19 June 2012 I published a report on the criminal justice aspects of the cash for gold trade which was prepared by my Department.

I have formally requested the Oireachtas Joint Committee on Justice, Equality and Defence to consider the content of the report, that it considers holding hearings on the issues raised in the report, that it obtains the views of all relevant interested parties and that it makes such report and recommendations to the Houses of the Oireachtas and to Government as it deems proportionate and appropriate in the public interest.

Small and Medium Enterprises

Seán Kyne

Ceist:

389 Deputy Seán Kyne asked the Minister for Justice and Equality if he will report on the progress made in implementing those recommendations categorised as immediate, short and medium term of the small advisory group’s report entitled The Voice of Small Business for which he has been designated as having lead responsibility. [33642/12]

Lead responsibility for the implementation of the recommendations of the Report referred to by the Deputy rests with my colleague, the Minister for Jobs, Enterprise and Innovation.

Section 4 of the Report makes reference to the need for reform of our personal insolvency regime. In this regard, the Deputy will be aware that I have brought forward proposals for radical reform of the law in this area. These are contained in the Personal Insolvency Bill 2012 which was published on 29 June last. The Bill is currently at Dáil Second Stage.

Garda Investigations

Pádraig Mac Lochlainn

Ceist:

390 Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if his attention has been drawn to instructions being issued to An Garda Síochána since 2004 that there was or is a policy not to search suspected rendition flights at Shannon Airport.. [33654/12]

To date, ten complaints concerning allegations that rendition flights were transiting through Shannon Airport have been received from members of the public in the past five years which have been subject of investigation by An Garda Síochána. No evidence of rendition was disclosed in any of the investigations and as a result there were no prosecutions.

All complaints of this nature are dealt with in line with the advices provided by the Attorney General/Director of Public Prosecutions.

An Garda Síochána are fully committed to investigate all alleged breaches of the criminal law including alleged offences involving the use of aircraft at Shannon Airport.

There are statutory powers of search and entry bestowed on the Garda Siochána under various legislative provisions. However, these powers may only be exercised in circumstances where a member of An Garda Síochána reasonably suspects that an offence has occurred. The mere assertion of wrongdoing by a member of the general public is clearly insufficient in this regard. In the circumstances, there is no basis for the suggestion in the Deputy's question.

Naturalisation Applications

Michael Healy-Rae

Ceist:

391 Deputy Michael Healy-Rae asked the Minister for Justice and Equality if his attention has been drawn to the case of persons (details supplied); if a meeting will be arranged for these persons; and if he will make a statement on the matter. [33658/12]

I am informed by officials in the Irish Naturalisation and Immigration Service (INIS) that further documentation has been requested from the person referred to by the Deputy. The documentation requested is for the purpose of establishing that the Non EEA national who wishes to remain in the State comes within the criteria for permission to remain in the State on the basis of a de facto relationship with an Irish National. In particular, the person should be in a position to provide evidence of a durable attested relationship of at least two years. The following documentation must be provided:

1. Evidence of finances of both parties.

2. Evidence of relationship of at least 2 years duration (i.e. tenancy agreements, utility bills, bank statements, etc).

I understand that these applications are processed without the requirement of an interview with the applicant.

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

Naturalisation Applications

Michael McNamara

Ceist:

392 Deputy Michael McNamara asked the Minister for Justice and Equality when a naturalisation application will be finalised in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [33680/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in July, 2007.

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

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. Considerable resources are deployed to process applications and these resources together with the necessary administrative arrangements are kept under review.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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

Asylum Support Services

John Lyons

Ceist:

393 Deputy John Lyons asked the Minister for Justice and Equality if he will review the decision of the Refugee Integration Agency to send a person (details supplied) to County Sligo in circumstances in which they have been accepted to a third level course in a Dublin college and they have no connections in County Sligo; and if he will make a statement on the matter. [33681/12]

The Reception and Integration Agency (RIA) of my Department is charged with responsibility for the accommodation of asylum seekers while their applications for protection are being processed. Currently, there are almost 5,100 persons accommodated in 37 RIA centres located throughout the State.

The person referred to in the question made an application for asylum on 11 March, 2009, was deemed an unaccompanied minor by the Office of the Refugee Applications Commissioner (ORAC) and referred to the HSE which has responsibility for the care of unaccompanied minors under the Child Care Act 1991.

Where an unaccompanied asylum seeker minor in the care of the HSE reaches 18 years of age, he or she may be referred by the HSE to the Reception and Integration Agency (RIA) for transfer to adult accommodation and service provision. In circumstances where the HSE deem such a person to be particularly vulnerable, the period in HSE care can be extended beyond 18 years of age at the HSE's discretion, as happened in this case.

In this case, the person concerned was placed in a foster home accommodation by the HSE and remained there until 20 January, 2012 when she was transferred to RIA for adult accommodation within the Direct Provision system, at which point she was 20 years of age. Discussions took place with the HSE Separated Children's Team prior to her arrival in RIA accommodation. RIA was informed that she was undertaking a pre-nursing course which would be completed in May 2012. It was agreed to offer this person accommodation in Viking Lodge in Dublin, a RIA accommodation centre, until June 2012. The person concerned was informed by letter dated 9 December, 2011 from RIA that she would be placed in Viking Lodge until June, 2012, after which she would be transferred to one of the designated "aged-out-minor" centres outside of Dublin. This would be in keeping with RIA's policy to disperse such persons to centres outside Dublin, generally family centres which have established links to HSE services and NGO supports.

Further discussions took place with the HSE Separated Children's Team in December, 2011 and in January, March and April of 2012 as to which RIA family centre would best suit this person following the completion of her pre-nursing course. In May, 2012 representations were made on her behalf by the Dun Laoghaire Refugee Project (DRP) and Crosscare to the effect that she should not be transferred from Dublin. RIA and the HSE held to the view that this person did not require a placement in Dublin. On 30 May, 2012, the person was informed that she would be transferring to Globe House, Sligo on 5 July, 2012.

Further representations were then received from the Irish Refugee Council (IRC) which included a letter from DRP stating that she had received a place in a two year Social Care course in Inchicore College which the DRP were funding. The IRC also forwarded medical information regarding this person which was sent to the independent medical referee. His subsequent advice was that this person can be safely transferred to another location with the proviso that her medical records follow her.

For unconnected reasons, the transfer to Sligo has had to be postponed to the beginning of August. RIA has been informed that, in the meantime, further representations will be made on this case and these will, of course, be considered further. I am informed by RIA that the enrolment of this person in a two year course in Dublin to begin in September, when she was aware of her pending transfer to outside Dublin, will not be a factor in determining the final outcome in this case. As things stand, and pending consideration of any further representations in this case, RIA intends to proceed with this transfer in August.

Liquor Licensing Laws

Jim Daly

Ceist:

394 Deputy Jim Daly asked the Minister for Justice and Equality his proposals in relation to future arrangements for the display and sale of alcohol products in mixed trading outlets; if he will give details of his proposals; and if he will make a statement on the matter. [33731/12]

The position is that on receipt of the third Compliance Report on the RRAI Code of Practice on the Display and Sale of Alcohol in Mixed Trading Premises, I launched a public consultation process inviting views on the Report and, more generally, on the voluntary approach to implementing structural separation of alcohol products in supermarkets, convenience stores and other mixed trading outlets.

Following an examination of the submissions received, the choice now lies between implementation of the statutory provisions in section 9 of the Intoxicating Liquor Act 2008 or implementation of a statutory code of practice under section 17 of the Civil Law (Miscellaneous Provisions) Act 2011. I expect to be in a position to seek Government approval for my proposals in relation to future arrangements for the display and sale of alcohol products in mixed trading outlets in the coming weeks.

Departmental Staff

Simon Harris

Ceist:

395 Deputy Simon Harris asked the Minister for Defence the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33107/12]

With regard to the length of periods of sick leave taken by members of the Permanent Defence Force, the military authorities have advised that in 2011 the 10 highest incidents were as follows:

Number of Days

Number of PDF personnel

246

3

245

1

244

1

243

1

237

1

225

2

222

1

The procedures for managing absences due to the ill health of members of the Permanent Defence Force are governed by the provisions of Defence Force Regulations A12 (Medical Treatment). All absences due to ill health are recorded on the Defence Forces Personnel Management System and DFR A12 provides that commanding officers are required to play a proactive role in managing sick leave in their areas.

It has not been possible to collate the detailed information requested by the Deputy in relation to the number of personnel who took sick leave of more than 5, 10, 15, 20 and 21 days or over, in 2011 in the time available. My Department is currently seeking to compile the relevant data and I will provide the information directly to the Deputy once it comes to hand.

Defence Forces Reserve

Michael McGrath

Ceist:

396 Deputy Michael McGrath asked the Minister for Defence if he will state the effective strength of the Reserve Defence Force by rank and brigade at 31 May 2012. [33613/12]

The effective strength of the Army Reserve and the Naval Serve Reserve by rank and brigade as at 31 May 2012 is set out in the table:

Effective Strength of Reserve Defence Force on 31 May 2012

Army Reserve

Lt Col

Comdt

Capt

Lt

2/Lt

Total Officers

BSM

BQMS

CS

CQMS

Sgt

Cpl

Total NCOs

Ptes

Total

2 Eastern Brigade

0

19

45

47

24

135

1

4

27

20

136

187

375

618

1,128

1 Southern Brigade

1

28

43

74

19

165

3

4

28

28

194

230

487

711

1,363

4 Western Brigade

1

25

60

59

16

161

5

4

21

23

191

325

569

936

1,666

RDFTA DFTC

4

7

4

0

15

1

2

0

1

10

1

15

0

30

Total Army Reserve

2

76

155

184

59

476

10

14

76

72

531

743

1,446

2,265

4,187

Naval Service Reserve

Comdr

Lt Cdr

Lt (NS)

S/Lt

Ens

Total Officers

WO

SCPO

CPO

SPO

PO

LS

Total NCOs

Ratings

Total

0

3

10

5

2

20

0

3

10

0

9

26

48

103

171

Total Effective Reserve Defence Force

2

79

165

189

61

496

10

17

86

72

540

769

1,494

2,368

4,358

Defence Forces Revenue

Michael McGrath

Ceist:

397 Deputy Michael McGrath asked the Minister for Defence further to Parliamentary Question No. 127 of 21 June 2012 and having regard to the time taken to arrange the competition for promotion of RDF officers, if he will instruct the military authorities to fill the additional vacancies which have now arisen since October 2011; and if he will prepare a promotion list to fill the vacancies that will arise during the rest of 2012 as is procedure in the Permanent Defence Forces. [33614/12]

I am advised by the military authorities that competitive interviews are being conducted in both the Army Reserve and the Naval Service Reserve to fill selected vacancies up to the authorised levels of 70% of the permitted RDF officer strength. Following completion of these current promotion competitions, if further vacancies arise at officer level in the RDF which result in the numbers of officers falling below 70% of the RDF's permitted officer strength, the matter will be considered further. The Deputy should also be aware that the value for money report on the RDF is expected to be completed in September and that future decisions on promotions will have to reflect any relevant recommendations that this report may contain.

Bovine Disease Controls

Sandra McLellan

Ceist:

398 Deputy Sandra McLellan asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 552 of 3 July 2012 the reason his Department can ignore a court ruling and not pay compensation to a person (details supplied) in County Cork; and if he will make a statement on the matter. [33441/12]

I have set out the position in reply to Question No. 552 of 3 July.

Single Payment Scheme

Nicky McFadden

Ceist:

399 Deputy Nicky McFadden asked the Minister for Agriculture, Food and the Marine if advance payments of the single farm payment will be approved, particularly on account of the bad weather experienced by farmers throughout June; and if he will make a statement on the matter. [32979/12]

As already announced, it is my firm intention to seek the approval of the EU Commissioner to allow the payment of a 50% advance of the Single Payment with effect from 16 October, the earliest payment date possible, it being the first day of the new EU financial year. I am both particularly mindful of the importance of the Single Payment to individual farmers and also of the benefit to the wider rural community and, in light of ongoing general financial difficulties, but particularly the recent very unseasonable weather, I have decided to approach the Commissioner, as indicated.

Agri-Environment Options Scheme

Marcella Corcoran Kennedy

Ceist:

400 Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Offaly will receive payment from the agri environment options scheme for which they have been approved since September 2011; and if he will make a statement on the matter. [32981/12]

The person named has been informed in writing that he was approved for participation in the 2011 agri-environment Options Scheme with effect from 1 September 2011.

Under the EU Regulations governing the Scheme and other area based payment schemes, a comprehensive administrative check of all applications, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. This process is under way with a view to commencing payments shortly. In the event of any queries arising from these checks my Department will be in direct contact with the person named.

Farm Improvement Scheme

Brendan Griffin

Ceist:

401 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the reason a grant in respect of a farm building was not granted in respect of a person (details supplied) in County Kerry; if the case will be reviewed and if payment in respect of the cost of the farm building will issue; and if he will make a statement on the matter. [32997/12]

The person concerned was an applicant under the Farm Waste Management Scheme and received grant aid in respect of certain investments under the Scheme during the period 2009-2011. However, grant-aid was refused in relation to the completion of a slatted cubicle house as this investment had not been the subject of a grant-aid application when the Scheme closed. The person named appealed this decision in August 2008 however the original decision of the Department was upheld.

As the grant-aid must be limited to items listed in my Department's letter of approval, I regret that no further grant-aid is payable in this case.

Agri-Environment Options Scheme

Paul Connaughton

Ceist:

402 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine if he will consider amending regulations in relation to the agri environmental options scheme to ensure that a son can use his father’s land without a formal lease (details supplied); and if he will make a statement on the matter. [33010/12]

The Agri-Environment Options Scheme (AEOS) is a menu based scheme where the farmer elects to deliver certain actions on individual parcels on the holding. The land on which the AEOS actions are delivered must be owned or leased by the applicant. A simple lease is acceptable for AEOS purposes and whether or not a farmer engages the services of a solicitor where a lease is arranged is a matter for each individual.

Beef Technology Adoption Programme

Michael Creed

Ceist:

403 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if he will review a decision to exclude a person (details supplied) in County Cork from participation in the beef technology adoption programme as it appears he is being excluded on the basis of the size of his farm holding rather than his commitment to improving the beef quality in his herd; and if he will make a statement on the matter. [33031/12]

In order to be eligible for the Beef Technology Adoption Programme applicants must satisfy one of the following two criteria: farmers with suckler cows must be current participants in the Suckler Cow Welfare Scheme (AWRBS), that is, they must have received payments under the Scheme on 2010 born calves and have applied to participate in ICBF HerdPlus prior to applying for the Programme; or beef farmers without a suckler herd must have applied to participate in ICBF HerdPlus prior to applying for the Programme. Any farmer finishing animals to slaughter must have applied for membership of the Beef Quality Assurance Scheme (BQAS) before the application date for this Programme and must be a member of the scheme by 31 October 2012. He/she must also have finished a minimum of 15 cattle to slaughter in 2011.

Unfortunately, as the person named has not satisfied either he is not eligible for acceptance to the Programme.

Forestry Sector

Dara Murphy

Ceist:

404 Deputy Dara Murphy asked the Minister for Agriculture, Food and the Marine if an investigation or report has ever been requested by the Department into the consequences of forestry management by Coillte along the Glashboy River, County Cork, with regard to the possible effects of flooding; and if he will make a statement on the matter. [33092/12]

No investigation or report was requested by my Department in relation to the matter outlined by the Deputy.

Departmental Staff

Simon Harris

Ceist:

405 Deputy Simon Harris asked the Minister for Agriculture, Food and the Marine the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33103/12]

In relation to the twelve State Bodies under the aegis of my Department and the management of sick leave, this is an operational matter for the Bodies.

Departmental Staff

Éamon Ó Cuív

Ceist:

406 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the grade and number of all staff seeking a transfer to the Department of Social Protection in County Sligo; and if he will make a statement on the matter. [33124/12]

Transfer lists for locations in Department of Social Protection are maintained by that Department.

Agri-Environment Options Scheme

Charlie McConalogue

Ceist:

407 Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Donegal under the agri environment options scheme; and if he will make a statement on the matter. [33141/12]

The person named has been informed in writing that he was approved for participation in the 2011 Agri-Environment Options Scheme with effect from 1 September 2011.

Under the EU Regulations governing the Scheme and other area based payment schemes, a comprehensive administrative check of all applications, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. This process is under way with a view to commencing payments shortly. In the event of any queries arising from these checks my Department will be in direct contact with the person named.

Dairy Hygiene Scheme

Brendan Griffin

Ceist:

408 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a payment will issue in respect of a person (details supplied) in County Kerry; if a valid C2 Certificate will be produced by the contractor involved; and if he will make a statement on the matter. [33143/12]

The person concerned was an applicant under the Dairy Hygiene Scheme and received grant-aid under the Scheme in respect of certain investments in February 2008. However, one invoice was excluded for grant-aid purposes as the contractor concerned was unable to provide tax clearance as required under the terms of the Scheme.

To date, the required tax clearance has not been received by my Department and I am not therefore in a position to progress the matter further.

Turbary Rights

Thomas Pringle

Ceist:

409 Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the persons within his Department who has responsibility to adjudicate in disputes between landowners and turf cutters regarding turbary allocated by the Irish Land Commission. [33216/12]

Disputes between land owners and turf cutters are primarily private law matters for the parties concerned to resolve, if necessary through the Courts or by way of mediation. Where the Department sold the land or turbary it will provide assistance, where possible, to all parties.

Farm Improvement Scheme

Jim Daly

Ceist:

410 Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding an application under the diary equipment scheme in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [33238/12]

The person concerned submitted an application under the Dairy Equipment Scheme on 28 April 2011. The applicant was approved into the Scheme on 29 September 2011. The applicant has submitted a payment claim and payment of the grant will take place when it has been determined that all the terms and conditions of the Scheme have been complied with. These checks will be completed in the near future.

Animal Welfare Issues

Billy Timmins

Ceist:

411 Deputy Billy Timmins asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 168 of 27 June 2012, the position regarding same. [33266/12]

With reference to my reply to your question on 27 June 2012 on the disposal of horses the position remains unchanged.

Animal Carcase Disposal

Thomas P. Broughan

Ceist:

412 Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine his views on recent reports of the alleged disposal of dead animals at an animal welfare shelter; and if he is satisfied that all animal welfare services are operating with valid licences and are also disposing of dead animals through a licensed collector; and if he will make a statement on the matter. [33271/12]

Animals that die in the care of animal welfare organisations must be disposed of in compliance with EU Animal By-Product (ABP) Regulations. Under the ABP regulations, there is a number of methods available for the disposal of dead animals, including rendering at approved rendering plants. I understand that in the case which was the subject of recent media reports, the local authority veterinary service has carried out checks and the shelter concerned routinely uses the services of an approved rendering plant.

The Control of Dogs Acts 1986 and 1992 place statutory responsibility for dog control and licensing services (including the provision of shelters for stray and other dogs) on local authorities.

Harbours and Piers

Noel Harrington

Ceist:

413 Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No 148 of 10 May 2012 if he will report progress on the studies on the Bull Nose Pier on Cape Clear Island, County Cork; if he has received the report; if he will publish the report; if a decision on the work that will be carried out has been taken; and if he will make a statement on the matter. [33284/12]

My reply to the previous Parliamentary Question of 10th May 2012 submitted by the Deputy sets out the position in relation to the studies carried out on the Bulls Nose at Cape Clear.

The final report from the consultants engaged on this project is regrettably not yet to hand. On receipt of their report I will be in a position to make an informed decision in relation to the proposed works at Cape Clear.

Grassland Sheep Scheme

Tom Fleming

Ceist:

414 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine when the balance of a grassland sheep payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [33303/12]

Processing of the Grassland Sheep Scheme application in question, which had been delayed due to the changed circumstances of the persons named, has recently been finalised, thereby allowing the payment due to issue shortly.

Single Payment Scheme

John Perry

Ceist:

415 Deputy John Perry asked the Minister for Agriculture, Food and the Marine if he will ensure that a favourable decision is made on a single farm payment appeal in respect of a person (details supplied). [33423/12]

An application under the Single Payment Scheme /Disadvantaged Areas Scheme was received from the person named on the 13th May 2011.

This application was selected for a ground eligibility/cross compliance inspection. During the course of this inspection discrepancies were found that resulted in a claimed area of 6.65ha being reduced to a found area of 3.43ha. If the total area found is not sufficient to support the number of entitlements held penalties will be applied per the Terms and Conditions of the scheme. In this case the number of entitlements held by the person named is 6.4. As the difference between the area declared and the area found was more than 50%, under EU Regulations no payment was due in respect of the 2011 scheme.

The person named was informed of this decision and of his right to seek a review. He was also informed of his right to appeal the outcome of any such review to the Independent Agriculture Appeals Office. Such a review was requested, the outcome of which was to uphold the original decision. An appeal has been lodged with Agriculture Appeals Office who will be in contact with the person named to arrange a hearing in due course.

Single Payment Scheme

Brendan Griffin

Ceist:

416 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if farm payments will be advanced in 2012 due to the fact that it has been a bad year for farmers with the poor weather conditions; and if he will make a statement on the matter. [33426/12]

As already announced, it is my firm intention to seek the approval of the EU Commissioner to allow the payment of a 50% advance of the Single Payment with effect from 16 October, the earliest payment date possible, it being the first day of the new EU financial year. I am both particularly mindful of the importance of the Single Payment to individual farmers and also of the benefit to the wider rural community and, in light of ongoing general financial difficulties, but particularly the recent very unseasonable weather, I have decided to approach the Commissioner, as indicated.

Agri-Environment Options Scheme

Michelle Mulherin

Ceist:

417 Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the reason there is a continuing delay in the processing of the 2010 and 2011 agri environment options scheme payments in respect of a person (details supplied) in County Mayo; and if payment will be expedited.. [33585/12]

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. Digitisation issues associated with one of the parcels on the AEOS application of the person named have now been resolved, however during the final administration checks a query arose in relation to the claimed Natura area on one of the parcels. This problem is presently being addressed and I expect payment will issue shortly.

TB Eradication Scheme

Pat Breen

Ceist:

418 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Clare has not been facilitated; and if he will make a statement on the matter. [33727/12]

My Department is still awaiting the outcome of the Garda investigation in relation to this case. In the meantime, it has been decided not to make any payments to the person concerned under the TB Eradication Scheme in respect of testing conducted in his herd after 4th October 2010 due to reported interference with the test. He has been informed of the position by telephone and by letter dated 22nd June 2012 and that he may appeal this decision through the Regional Assistant Principal Officer.

Education Welfare Service

Derek Keating

Ceist:

419 Deputy Derek Keating asked the Minister for Children and Youth Affairs the number of cases the National Educational Welfare Board is currently managing, that is, the number of new cases received in 2011; the number of cases in total that are being dealt with by the 85 welfare officers; and if she will make a statement on the matter. [33138/12]

Derek Keating

Ceist:

420 Deputy Derek Keating asked the Minister for Children and Youth Affairs regarding non-attendance at school, if she is satisfied that there is enough staff in the National Educational Welfare Board; if she envisages a transfer of staff from other sections of the public service to meet the needs; and if she will make a statement on the matter. [33190/12]

I propose to take Questions Nos. 419 and 420 together.

The National Educational Welfare Board (NEWB), under the auspices of my Department, has a statutory remit to ensure that "each child attends a recognised school or otherwise receives a certain minimum education”. In particular, the NEWB has a key role to respond to instances where children are not attending school regularly, or where there is concern about a child’s educational welfare. The Educational Welfare Service, and its network of Educational Welfare Officers (EWOs), is a key resource for the Board in delivering on this statutory remit.

The NEWB further has strategic and operational responsibility for the School Completion Programme and the Home School Community Liaison Scheme and is developing an integrated service to better respond to the complexity of issues that impact on children and young people's attendance, participation and retention in the education system.

With regard to the issue of caseloads, when a young person is referred to the Board by a school, parent or another agency, the initial work of the EWO is to assess the nature, scope and depth of the problem. Each case generally falls between two distinct categories i.e. those requiring intensive casework and those requiring brief interventions.

I have been advised by the Board that in 2011, the Board's EWOs worked with 3,845 children requiring Intensive Casework. Of the 3,845 cases, 1093 were new cases. In addition, EWOs worked with a further 12,062 children by providing assistance through Brief Interventions.

The NEWB is staffed with 72 front line personnel (57 Educational Welfare Officers, 12 Senior Educational Welfare Officers and 3 Regional Managers) and a further 19 staff in management and administrative support work in head quarters and at regional locations. The Board also has strategic and operational responsibility for 403 HSCL co-ordinators, 250 full-time SCP staff and several hundred sessional SCP personnel which are overseen by 5 Service Managers in the Board.

Vacancies that arise in staffing front line services for children and young people at risk of early school leaving are prioritised by my Department in so far as possible working within Government policy on public service numbers and the moratorium on recruitment.

The Board has prioritised the introduction of a new integrated practice and case management system bringing together the Educational Welfare Service, the Home School Community Liaison Scheme and the School Completion Programme.

School Absenteeism

Derek Keating

Ceist:

421 Deputy Derek Keating asked the Minister for Children and Youth Affairs the attendance rate of disadvantaged schools, which comprises approximately 22% of all schools, compared to non-disadvantaged schools; her views on this problem; and if she will make a statement on the matter. [33252/12]

Derek Keating

Ceist:

423 Deputy Derek Keating asked the Minister for Children and Youth Affairs if, under the current practice whereby schools are required to notify education welfare officers of individual cases where there are problems or non-attendance in excess of 20 days or if the school suspends a student, if there has been an increase in the past four years with problematic students, non-attendance students or suspensions in tabular form; and if she will make a statement on the matter. [33268/12]

I propose to take Questions Nos. 421 and 423 together.

Under the Education (Welfare) Act 2000 all recognised schools are obliged to submit an Annual Attendance Report to the National Educational Welfare Board (NEWB), which is under the remit of my Department, on the levels of school attendance each year.

I recently launched the report for the 2009/2010 school year. The report contains a comprehensive analysis of non attendance data in primary and post primary schools including information about absences and suspensions and detailed data about attendance patterns in urban and rural schools, schools in disadvantaged areas and special schools. The data in the report links to the attendance data reported for earlier years. The report is available on the website of the NEWB at www.newb.ie.

The overall reduction in the rate of absenteeism in 2009/2010 is welcome. However the number of children who continue to miss school each day is a concern because of the implications that such absences hold for children and young people's educational and developmental outcomes. Almost €38 million has been allocated to my Department in 2012 to support children and young people's participation and retention in education through the services of the NEWB, in particular, through the School Completion Programme and Home School Community Liaison Scheme which target children in the most disadvantaged communities in the country.

The NEWB, under the remit of my Department, has prioritised the introduction of a new integrated practice and case management system.

Child Care Services

Derek Nolan

Ceist:

422 Deputy Derek Nolan asked the Minister for Children and Youth Affairs the number of social workers she intends to take on as a result of the Children First guidelines; the number that will be taken on nationally and locally; when they will be taken on; the locations at which they will be based; the number of positions that will be filled; and if she will make a statement on the matter. [33254/12]

The Children First National Guidance for the Protection and Welfare of Children, which I published in 2011, provides clarity and guidance for individuals and organisations in identifying and responding appropriately to child abuse and neglect. It also sets out what organisations that care for or work with children should do to ensure they are safe whilst in the care of the organisation. The Government has committed, as a priority, to the introduction of legislation to underpin Children First and the Heads of the Bill have been prepared and submitted to the Committee for Health and Children for their consideration.

The Deputy will be aware that Children First has operated on the basis of voluntary compliance since it was first published by the then Department of Health and Children in 1999. Significant resources have been put in place to support the implementation of Children First and in the case of the HSE and An Garda Síochána, Children First has formed an integral part of their existing operations and practices. The HSE has provided training, information and advice on the implementation of Children First throughout the HSE, voluntary and community sector. In addition to the existing structures in place to support Children First, significant additional resources have been provided to the HSE over the past three years to increase the number of social workers in the child welfare and protection area. The recruitment of these additional social workers was included in the Ryan Report Implementation Plan, as was the commitment to place Children First on a statutory basis. This additional resource will be of particular assistance to the HSE in driving forward the process of implementation of Children First.

Currently, under Children First, organisations are required to appoint a Designated Officer. The Designated Officer has responsibility that staff and volunteers are vetted, recruited properly and are trained in safe practices with children and in recognising signs of abuse and neglect. In the proposed legislation, it is intended that the Designated Officer along with certain named professionals will have statutory responsibility to report information about abuse to the HSE. The obligation to report abuse extends to abuse and neglect wherever it occurs, that comes to the attention of the Designated Officer in the course of his/her work or volunteer activities.

To assist Designated Officers and certain named professionals make a determination as to whether to report abuse, a "Guidance for Reporting of Abuse" is to be developed by my Department. This Guidance will deal with issues such as definitions, thresholds and appropriate routes for the reporting of abuse. The Guidance will assist designated officers and professionals named in the legislation, in their considering a number of factors to see if the concern reaches the threshold of a report under the legislation. This approach is intended to ensure that only those cases which require an assessment by the HSE are brought to its attention. As regards the allocation of resources to community based welfare services, this will be a matter to be considered both in the context of the establishment of the new Child and Family Support Agency and the Regulatory Impact Analysis which will accompany the preparation of relevant legislation.

The HSE is actively reviewing the impact of current vacancies, including recent retirements at national and regional level. The National Director of Children and Families Services, Gordon Jeyes, will apply his discretion over the course of the year to the filling of vacancies, having regard to identified need and subject to services being delivered within available resources, taking account of recent early retirements, identified need and subject to services being delivered within available resources.

The recruitment of the additional social workers is one element of a wider reform agenda within the HSE, through which I believe we can deliver better outcomes for children and families. This reform agenda will lead to the establishment of a new Child and Family Support Agency which will provide a dedicated focus on child protection and will support families in need.

Question No. 423 answered with Question No. 421.

Foreign Adoptions

Dara Calleary

Ceist:

424 Deputy Dara Calleary asked the Minister for Children and Youth Affairs if any progress has been made in resolving the delay in the signing of the bilateral agreement between the Irish and Russian authorities in respect of the adoption of Russian children to Irish families. [33070/12]

Adoptions from Russia, 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). Under the provisions of the legislation, such adoptions may take place up to the end of October 2013.

As regards adoptions thereafter, Russia has not ratified the Hague Convention and there appears to be no immediate prospect that this will happen. Therefore, future adoptions from Russia, beyond those provided for under the transitional arrangements, may only be possible under a bi-lateral agreement. 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. Any bilateral arrangements which might be entered into would be required by law to meet the minimum standards set out in the Hague Convention.

It is the role of the Adoption Authority to make an assessment of whether the inter-country adoption legislation and practices in a non-contracting state, in this case Russia, are in compliance with both Irish legislation and the principles of the Hague Convention. As part of this assessment the Adoption Authority has reviewed a draft bilateral agreement presented to it during previous discussions with its Russian counterparts and has provided me with an initial assessment in this regard. As a result of this, the issues which may require further exploration with the Russian authorities have been considered. I have recently asked the Adoption Authority to engage further with the Russian authorities on issues raised in their report to me.

Departmental Staff

Simon Harris

Ceist:

425 Deputy Simon Harris asked the Minister for Children and Youth Affairs the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to hers Department; the length of the ten highest incidences of sick leave across these bodies; and if she will make a statement on the matter. [33105/12]

All agencies under the aegis of my Department have detailed sick leave policies in place to manage time and attendance matters, including absenteeism due to sickness. The policies include procedures for staff and management to follow in recording and addressing sick leave levels. These arrangements recognise that staff may from time to time encounter challenges to their health and well-being and that management of sick leave must be done in a fair and consistent manner with the objective of addressing the cause of the sick leave and ensuring regular attendance.

Management information systems are in place to record, monitor and analyse patterns of sick leave. Failure to comply with the sick leave regulations is considered as serious misconduct and the disciplinary code may be invoked. Abuse of sick leave arrangements may lead to penalties including withholding salary increments, withdrawal of sick leave privileges and ultimately dismissal.

The specific information requested by the Deputy is set out below:

No. of staff taking sick leave of more than

Children Detention Schools

Adoption Authority of Ireland

National Educational Welfare Board

Family Support Agency

5 days

138

27

3

2

10 days

97

1

7

1

15 days

75

1

2

20 days

21 days and over

60

1

11

The ten highest incidences of sick leave across these bodies are:

Children Detention Schools

Adoption Authority of Ireland

National Educational Welfare Board

Family Support Agency

136 days

148 days

365 days

14 days

84 days

16 days

222 days

7.5 days

65 days

10 days

102.5 days

7 days

47 days

8 days

64 days

41 days

7 days

56 days

37 days

5 days

32 days

36 days

3 days

30 days

36 days

3 days

30 days

32 days

3 days

28 days

30 days

2 days

28 days

I understand that the Office of the Ombudsman for Children has contacted the Deputy directly in relation to sick leave in that office.

Early Childhood Education

Derek Keating

Ceist:

426 Deputy Derek Keating asked the Minister for Children and Youth Affairs if she will provide in tabular form the number of private and public local organisations which are receiving funding to provide the early childhood care and education scheme otherwise known as the free pre-school year scheme in Dublin Mid West constituency; the amount of funding provided in 2009, 2010 and 2011 for the early childhood care and education scheme service in Dublin Mid West constituency; and if she will make a statement on the matter. [33136/12]

The Early Childhood Care and Education (ECCE) programme was introduced in January 2010 and provides a free pre-school year to all eligible children in the year before commencing primary school. About 65,000 children, that is approximately 95% of children in the year before school, are availing of the free pre-school provision at this time.

In 2011, the ECCE programme cost approximately €166 million. Additional funding has been made available for 2012 when the cost of the programme is expected to rise to €175 million to cater for changing demographics and provide for the increased number of children in the relevant age cohort.

The data requested by the Deputy is currently being collated and I will issue this information directly to the Deputy.

Early Childhood Education

Derek Keating

Ceist:

427 Deputy Derek Keating asked the Minister for Children and Youth Affairs in relation to child care and early childhood education facilities, the minimum qualifications required for service being provided by individuals or teachers to children; and if she will make a statement on the matter. [33140/12]

The core obligations of the adult practitioner are set out at Part 11, Section 5 of the Child Care (Pre-School Services) (No. 2) Regulations 2006

It is a requirement of the Early Childhood Care and Education (ECCE) programme which is implemented by my Department, that pre-school year leaders in services participating in the programme, and who are receiving the standard capitation, hold a qualification in childcare which is equivalent to FETAC Level 5 on the National Framework of Qualifications of Ireland (NFQ).

A higher capitation rate is available to sessional playschool services participating in the ECCE programme in which all childcare workers have qualification levels above the minimum requirements for the programme.

Child Protection

Derek Keating

Ceist:

428 Deputy Derek Keating asked the Minister for Children and Youth Affairs if in view of the fact that it is reported that every year more than 30,000 child protection and welfare concerns were reported to the Health Service Executive Services and 16,000 of these are child welfare concerns, 13,000 of these are child protection concerns and 1,500 of these are confirmed as cases of sexual, physical and emotional abuse, if she is satisfied that she has enough social workers in place to deal with the reporting of such cases, the waiting time to see a social worker; the waiting time to have a risk assessment conducted and the waiting time to have a case completed to ensure that a child is safe; and if she will make a statement on the matter. [33248/12]

Since its introduction in 1999, significant resources have been put in place to support the implementation of Children First and in the case of the HSE and An Garda Síochána, Children First has formed an integral part of their existing operations and practices. The HSE has provided training, information and advice on the implementation of Children First throughout the sector.

In addition to the existing structures in place to support Children First, significant additional resources have been provided to the HSE over the past three years to increase the number of social workers in the child welfare and protection area. The recruitment of these additional social workers was included in the Ryan Report Implementation Plan, as was the commitment to place Children First on a statutory basis. This additional resource will be of particular assistance to the HSE in driving forward the process of implementation of Children First.

The HSE is actively reviewing the impact of current vacancies, including recent retirements at national and regional level. The National Director of Children and Families Services, Gordon Jeyes, will apply his discretion over the course of the year to the filling of vacancies, having regard to identified need and subject to services being delivered within available resources. There has been an increase in social work numbers in the Children and Families care group over the period raised by the Deputy. Plans are in train to recruit further social workers to vacancies which have been identified for filling.

The recruitment of the additional social workers is one element of a wider reform agenda within the HSE, through which I believe we can deliver better outcomes for children and families. This reform agenda will lead to the establishment of a new Child and Family Support Agency which will provide a dedicated focus on child protection and will support families in need.

I will reply directly to the Deputy on the other matters raised.

Child Care Services

Derek Keating

Ceist:

429 Deputy Derek Keating asked the Minister for Children and Youth Affairs the roles and functions of a designated officer under the new Children First legislation whereby an organisation will be required to have a designated officer who will have responsibility for staff and volunteers and to ensure that they are vetted, recruited properly and are trained in safe practices; if the designated officer themselves have to be trained and vetted before they can take up such an appointment; if her attention has been drawn to the fact that, as reported at the recent Oireachtas Committee on Health and Children, designated officers in schools such as principals may not have not been vetted or trained; and if she will make a statement on the matter. [33250/12]

The Deputy will be aware that Children First: National Guidance for the Protection and Welfare of Children has operated on the basis of voluntary compliance since it was first published by the Department of Health and Children in 1999. Under Children First, organisations are required to appoint a Designated Liaison Person. This person acts as a liaison with outside agencies and a resource to any staff member or volunteer who has child protection concerns. He/she is also responsible for ensuring that the standard reporting procedure is followed , so that suspected cases of child neglect or abuse are referred promptly to the designated person in the HSE Children and Family Services or to An Garda Síochána where there is an emergency and the HSE is unavailable. The Designated Liaison Person should ensure that they are knowledgeable about child protection and undertake training as necessary.

In the legislation, it is proposed that the Designated Officer along with certain named professionals will have statutory responsibility to report information about abuse to the HSE. The obligation to report abuse extends to abuse and neglect wherever it occurs, that comes to the attention of the Designated Officer in the course of his/her work or volunteer activities.

To assist Designated Officers and certain named professionals make a determination as to whether to report abuse, a "Guidance for Reporting of Abuse" is to be developed by my Department. This Guidance will deal with issues such as definitions, thresholds and appropriate routes for the reporting of abuse. The Guidance will assist designated officers and professionals named in the legislation, in their considering a number of factors to see if the concern reaches the threshold of a report under the legislation.

My Department is currently chairing an interdepartmental group on the implementation of the Children First national policy document. Issues such as that raised by the Deputy are clearly set out in the guidance. I have asked each Department to prepare a sectoral plan which sets out the current mechanisms for assurance of compliance with Children First policy as well as identifying those areas where improved mechanisms or supports are required to ensure full implementation. I expect to receive drafts of those plans in the coming weeks.

Foreign Adoptions

Kevin Humphreys

Ceist:

430 Deputy Kevin Humphreys asked the Minister for Children and Youth Affairs if her attention has been drawn to the fact that an organisation (details supplied) requested an opinion from Kenya on the compatibility of laws in Kenya with Irish adoption laws on 2 March 2012; if this organisation is taking any steps to follow that opinion up; if so, the steps that will be taken, when they will expect a response; and if she will make a statement on the matter. [33251/12]

In March 2012 the AAI commenced a review of the adoption law(s) of Kenya, which has ratified the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption. The general review process followed by the AAI in such instances is detailed on the Authority's website. In the case of Kenya the AAI requested the preparation of a legal opinion and awaits receipt of same. Owing to the variable nature of the process in respect of each individual country, and the need to engage with legal experts in the country being assessed, there is no definitive or set timescale for the completion of such reviews. The AAI will provide all relevant information relating to reviews on its website at the appropriate time.

Foreign Adoptions

Kevin Humphreys

Ceist:

431 Deputy Kevin Humphreys asked the Minister for Children and Youth Affairs when the report by an organisation (details supplied) summarising the conclusions and recommendations of the delegation’s visit to Ethiopia will be completed; when this organisation will contact her again on the legal advice referred to in her previous replies to questions on this matter; if further information has been submitted to her regarding this legal advice; if this organisation has completed its consideration of this matter; and if she will make a statement on the matter. [33255/12]

Eoghan Murphy

Ceist:

433 Deputy Eoghan Murphy asked the Minister for Children and Youth Affairs if she has considered the recommendations made by an organisation (details supplied) in relation to adoptions from Ethiopia; if this organisation has received the completed legal advice it was seeking from Ethiopia. [33355/12]

I propose to take Questions Nos. 431 and 433 together.

Adoptions from Ethiopia, effected under the transitional arrangements provided for in the Adoption Act 2010, are ongoing and are currently being examined, and recognised, by the Adoption Authority of Ireland (AAI). These transitional arrangements may lead to adoptions from Ethiopia taking place up to the end of October 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 Inter-country 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. 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 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 Authority submitted its initial report which summarises the conclusions and recommendations of the delegation's visit. In addition, the Embassy in Ethiopia recently submitted a detailed background note on inter-country adoption in Ethiopia. The AAI has stated that it is seeking further legal advice in Ethiopia on whether adoptions there are full or simple adoptions. At the time of making its initial report the Authority indicated that it would contact me again once it has received this legal advice and completed its consideration of the matter.

The Authority has recently confirmed to me that it will submit its further report on adoption in Ethiopia as soon as possible.

Departmental Funding

Dominic Hannigan

Ceist:

432 Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs the reason an organisation (details supplied) had its application for funding denied under the national child care investment programme; the way they an appeal can be made, if there are any plans for NICP programme for 2013; and if she will make a statement on the matter. [33292/12]

In Budget 2012, the Government announced capital funding of €6 million to fund a maintenance programme for child care facilities. The programme was open to both community not-for-profit child care facilities and private child care facilities, that are currently participating in one of the three child care programmes implemented by the Department of Children and Youth Affairs (DCYA). The maximum grant available was €50,000 (including VAT). The aim of the funding is to provide support to child care settings to address remedial, maintenance and renovation work, or to purchase equipment.

Following a robust appraisal 290 applications were approved for funding. The successful applications were those that represented the most complete, coherent, precise and compelling cases for funding. The investment has been directed, to the greatest extent possible, to addressing the most urgent works, and supporting the quality of services making the greatest impact for disadvantaged children and communities.

The capital programme was administered by Pobal and behalf of this Department. The Pobal website informed applicants, whose applications were declined, of the steps to be taken to obtain information on how their application was appraised. Applicants could request by e-mail a call-back from Pobal if they wished to discuss their application further. The reason for the decline/partial approval would then be explained to the applicant and if the applicant still had concerns about the reasonable treatment of their application, a written request to Pobal for a review of their application could be submitted. The review of such applications will be considered shortly by a Review Panel which is being led by my Department.

I understand that at this stage, Pobal cannot take any further requests for individual consultations or requests for reviews. I also understand that the service in question has not made contact with Pobal since the decision to decline the application was transmitted to them.

It is not possible, prior to the conclusion of the Estimates and Budgetary Process for 2013, to determine whether capital funding will be made available to my Department under December's Budget.

Question No. 433 answered with Question No. 431.

Child Protection Guidelines

Catherine Murphy

Ceist:

434 Deputy Catherine Murphy asked the Minister for Children and Youth Affairs if, in planning for the mandatory reporting of child abuse, she has considered the funding and resources that will be required to manage the system of reporting; her views that the provision of these resources may result in the reduction of resources available to provide services for vulnerable children; if resources will be allocated to improve the community based welfare services; and if she will make a statement on the matter. [33405/12]

The Deputy will be aware that Children First has operated on the basis of voluntary compliance since it was first published by the then Department of Health and Children in 1999. Significant resources have been put in place to support the implementation of Children First and in the case of the HSE and An Garda Síochána, Children First has formed an integral part of their existing operations and practices. The HSE has provided training, information and advice on the implementation of Children First throughout the HSE, voluntary and community sector.

Under Children First, organisations are required to appoint a Designated Officer. The Designated Officer has responsibility that staff and volunteers are vetted, recruited properly and are trained in safe practices with children and in recognising signs of abuse and neglect. The Designated Officer makes information available to parents about child protection in the organisation and will have a system in place to check and report on its compliance with the legislation. In the legislation, it is proposed that the Designated Officer along with certain named professionals will have statutory responsibility to report information about abuse to the HSE. The obligation to report abuse extends to abuse and neglect wherever it occurs, that comes to the attention of the Designated Officer in the course of his / her work or volunteer activities.

To assist Designated Officers and certain named professionals make a determination as to whether to report abuse, a ‘Guidance for Reporting of Abuse' is to be developed by my Department. This Guidance will deal with issues such as definitions, thresholds and appropriate routes for the reporting of abuse. The Guidance will assist designated officers and professionals named in the legislation, in their considering a number of factors to see if the concern reaches the threshold of a report under the legislation. This approach is intended to ensure that only those cases which require an assessment by the HSE are brought to its attention. As regards the allocation of resources to community based welfare services, this will be a matter to be considered both in the context of the establishment of the new Child and Family Support Agency and the Regulatory Impact Analysis which will accompany the preparation of relevant legislation.

Foreign Adoptions

Jack Wall

Ceist:

435 Deputy Jack Wall asked the Minister for Children and Youth Affairs when the Adoption Authority of Ireland will start processing adoptions from India or when an agent will be appointed; and if she will make a statement on the matter. [33557/12]

I am currently seeking an update on this issue from the Adoption Authority of Ireland and I will provide this information to the Deputy when it is received.

Children’s Rights Referendum

Regina Doherty

Ceist:

436 Deputy Regina Doherty asked the Minister for Children and Youth Affairs if the definition of the best interests of the child as defined in the UN Convention on the Rights of the Child is to be included in the wording of the children’s rightsr referendum; and if she will make a statement on the matter. [33570/12]

The Programme for Government 2011-2016 states that the Referendum on Children's Rights is a priority, and that the wording of the proposed referendum will be along the lines of that proposed by the All Party Joint Committee on the Constitutional Amendment on Children (JCCAC).

Following taking office as Minister for Children and Youth Affairs, both myself and officials of my Department have engaged extensively with the Attorney General and her officials to formulate a draft wording for the proposed constitutional amendment. Contact in that regard is ongoing and, as part of normal process, will involve consultations across the relevant departments in advance of presentation of a proposed wording to Government for approval.

In developing a draft wording, cognisance is being taken of a range of experience and standards relating to children's rights. However, until the wording is finalised and approved by Government, it would not be appropriate to refer to any aspect of possible content.

The Government has decided that the referendum will take place later this year and will be held on a standalone basis. The significant work currently underway is geared towards this timeline and objective.

Foreign Adoptions

Andrew Doyle

Ceist:

437 Deputy Andrew Doyle asked the Minister for Children and Youth Affairs when the Adoption Authority of Ireland will be in a position to sign a bilateral agreement with Russia regarding inter-country adoption; and if she will make a statement on the matter. [33583/12]

Caoimhghín Ó Caoláin

Ceist:

440 Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the timeframe within which the bilateral agreement between Russian and Irish adoption authorities will be completed; when the agreement will be signed and when adoptions from Russia will recommence; and if she will make a statement on the matter. [33627/12]

I propose to take Questions Nos. 437 and 440 together.

Adoptions from Russia, 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). Under the provisions of the legislation, such adoptions may take place up to the end of October 2013.

As regards adoptions thereafter, Russia has not ratified the Hague Convention and there appears to be no immediate prospect that this will happen. Therefore, future adoptions from Russia, beyond those provided for under the transitional arrangements, may only be possible under a bi-lateral agreement. 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. Any bilateral arrangements which might be entered into would be required by law to meet the minimum standards set out in the Hague Convention.

It is the role of the Adoption Authority to make an assessment of whether the inter-country adoption legislation and practices in a non-contracting state, in this case Russia, are in compliance with both Irish legislation and the principles of the Hague Convention.As part of this assessment the Adoption Authority has reviewed a draft bilateral agreement presented to it during previous discussions with its Russian counterparts and has provided me with an initial assessment in this regard. As a result of this, the issues which may require further exploration with the Russian authorities have been considered. I have recently asked the Adoption Authority to engage further with the Russian authorities on issues raised in their report to me.

Departmental Expenditure

Willie Penrose

Ceist:

438 Deputy Willie Penrose asked the Minister for Children and Youth Affairs if she will outline in detail the budget was for children and families within the Health Service Executive for 2009, 2010, 2011, and to date in 2012; and if she will assure all concerned that the HSE is not now engaged in reducing the budget and resources for children and families in advance of the establishment of the new agency; and if she will make a statement on the matter. [33595/12]

The Revised Estimates for Public Services 2012 indicates, for the first time, a dedicated sub-head budget provision of €550.7 million for children and family services. The equivalent budget figure for 2011 is estimated at €529.7 million. Reliable data for 2009 and 2010 is not available on a comparable basis in the absence of a standardised national reporting system which accurately captures expenditure across all children and family services.

In preparation for the establishment of the new Child and Family Support Agency work is under way on disaggregating the Children and Families budget from within the overall HSE financial determination. This necessary work will be completed in the latter half of 2012 in preparation for the planned establishment of the new agency early in 2013. This process is likely to lead to some further revision of the above figures having regard to the detailed service composition of the care group.

It is my intention and that of the National Director, Gordon Jeyes as the Chief Executive Officer designate for the new Agency, to ensure that there is full transparency with regard to the composition of the budget for the new Agency when established.

Children in Care

Ciara Conway

Ceist:

439 Deputy Ciara Conway asked the Minister for Children and Youth Affairs the number of minors that have been reported missing from the care system in County Waterford in 2010 and 2011; the number that were found and re-entered the system; the age profile and country of origin of each of these children; and if she will make a statement on the matter. [33618/12]

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy with the most up-to-date information.

Question No. 440 answered with Question No. 437.

Departmental Expenditure

Bernard J. Durkan

Ceist:

441 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs if she is satisfied regarding the availability of sufficient funds being available to her Department notwithstanding the on-going economic situation in view of pressing need to ensure that youth and children services receive the fullest possible attention thereby presenting the recurrence of previous happenings; and if she will make a statement on the matter. [33666/12]

The gross estimate provision for my Department in 2012 is €426.980 million. This represents an increase of €7.8 million, or 2%, on last year's outturn. In addition, the Revised Estimates for Public Services 2012 indicates, for the first time, a dedicated sub-head budget provision of €550.7 million for HSE children and family services. The equivalent budget figure for 2011 is estimated at €529.7 million. The HSE figures are the subject of ongoing validation and refinement in the context of the establishment of the new Child and Family Support Agency. The Agency will be established early next year and will take over responsibility from the HSE for children and family services.

I acknowledge the service pressures within children and youth services, including those arising from demographic factors. In the context of the wider economic situation, I am satisfied that the increased budgetary provision in 2012 demonstrates that significant priority has been afforded to the services funded by my Department and the HSE in these areas.

Departmental Staff

Bernard J. Durkan

Ceist:

442 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs if she is satisfied that she and her Department have sufficient staff to meet their on-going responsibilities; and if she will make a statement on the matter. [33667/12]

My Department is currently engaged in a Workforce Planning exercise to compare our current workforce with future workforce requirement relative to the delivery of commitments under the Programme for Government and other strategic objectives of the Department. This exercise is examining how best to have the right people with the right knowledge, skills and competencies deployed appropriately. It is taking account of all managed movement into, around, and out of the Department including retirement, recruitment, promotion, secondment, transfers and redeployment opportunities.

As part of this process, specific skills in the area of legal, financial, research, economic, change management and human resources have already been identified as requiring development. Officials of my Department are in discussion with the Department of Public Expenditure and Reform in this regard with a view to addressing this requirement from within approved numbers and within the overall existing Vote provision for my Department.

Child Protection

Bernard J. Durkan

Ceist:

443 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the progress that has been made towards establishing the support and investigative services to identify and put in place the necessary procedures to help children and youth at risk; and if she will make a statement on the matter. [33668/12]

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy with the most up-to-date information.

Youth Services

Bernard J. Durkan

Ceist:

444 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the progress made by her to date towards establishing dialogue and networking with youth groups throughout the country with the objective of meeting any necessary requirements arising; the extent to which she has to date sought and or received submissions in this regard; and if she will make a statement on the matter. [33669/12]

Bernard J. Durkan

Ceist:

445 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which she has identified the most serious deficiencies in children and youth support or other services; the progress made in addressing such issues; and if she will make a statement on the matter. [33670/12]

I propose to take Questions Nos. 444 and 445 together.

As Minister for Children and Youth Affairs, improving children's and young people's outcomes is my primary objective. Early childhood care and education programmes, in particular those that are aimed at low income families, are priorities to enhance children's opportunities for social and educational development. In 2012, some €230 million in all will be provided by my Department for these schemes. This year some 66,000 children throughout the country will benefit from the free preschool year in the Early Childhood Care and Education programme, while some 26,000 children in low income households will benefit under the Community Childcare Subvention programme.

My Department supports the delivery of a range of youth work programme and services, including programmes for young people living in disadvantaged communities. In 2012, funding of €56.8m (current expenditure) will be invested in provision for youth. The programmes are delivered by the voluntary youth work sector. They include "out of school" projects in non-formal education settings and projects which aim to divert "at risk" young people in disadvantaged areas from the dangers of substance misuse; as well as the provision of community centres, youth facilities and sports clubs. Over 500,000 young people including those who are disadvantaged or marginalised benefit from the youth work programmes and services provided by the voluntary youth work sector by some 1,100 youth work personnel. This work is supported by a large volunteer base estimated to be in the region of 60,000.

Some 31 national and major regional voluntary youth organisations are supported under the Youth Service Grant Scheme to provide universal youth work opportunities for over 200,000 young people aged between 10 and 21. These programmes promote and support young people's development and well-being and assist them in becoming self-reliant, responsible and active participants in society. Young people who are disadvantaged are a particular priority, for example young homeless people, those who are at risk of substance misuse and young travellers and funding of the order of €39.6m supports a range of programmes and initiatives for these young people. Support is also provided to some 1,600 local volunteer led youth clubs with almost 90,000 members (€1m in 2012) and to 28 youth information centres which provide young people with easy access to information on rights, employment, education and training opportunities etc (€1.4m in 2012).

Youth cafés have become increasingly prominent as a total of €1.7m has been allocated to date by my Department to support the provision of youth cafés as a means to provide young people with opportunities in the community. My Department estimates that between 75-100 youth café facilities now operate across the State. These facilities are proving hugely beneficial to local communities in terms of broader engagement with young people. Capital funding of €2.25m has been provided to my Department for 2012 and 2013 for youth projects, including youth cafés. I expect to announce plans for the distribution of this funding in the very near future.

Dialogue and networking opportunities with young people and youth service providers is extremely important as it helps me and my Department provide relevant and responsive services and supports for young people. A number of groups including the National Children's Advisory Committee, the National Youth Work Advisory Task Group and an International Expert Reference Group are assisting my Department in the development of youth policy and service for the future. My Department is currently developing a Children's and Young People's Policy Framework. Already some 67,000 young people have been consulted. A public consultation on this Framework is underway at present. The consultation is aimed at voluntary and community groups, national and local organisations, families and all those that work with children and young people.

Furthermore, as part of the Structured Dialogue process with young people during Ireland's Presidency of the EU, I will host a three-day event in Dublin which will bring together young people and policy-makers across the EU to jointly discuss and feed into youth policy at national and European level. I am exploring ways to involve as many young people as possible from a range of backgrounds into this structured dialogue process at local, regional and national level so that their views may inform the development of youth policy objectives and services for the future.

Child Protection

Bernard J. Durkan

Ceist:

446 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the number of reports received on a monthly basis indicating children or youth vulnerability over the past 12 months; the degree to which she has been able to respond in such instances; and if she will make a statement on the matter. [33671/12]

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy with the most up-to-date information.

Bullying of Children

Bernard J. Durkan

Ceist:

447 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which she has monitored or received reports of cyber bullying; the action or measures taken to address the issues; and if she will make a statement on the matter. [33672/12]

Recently, along with my colleague the Minister for Education and Skills I co-hosted the National Anti-Bullying Forum where I highlighted research findings by the Anti-Bullying Centre Trinity College which indicated that one in four girls and one in six boys in Ireland have been involved in cyber-bullying either as a victim, bully or both.

My Department will continue to work with both the Department of Education and Skill and the National Centre for Technology in Education to support responses to the problem of cyber-bullying.

Psychological Service

Bernard J. Durkan

Ceist:

448 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the degree to which she is in a position to interact with children at various ages with particular reference to the need to identify psychological difficulties and make a positive and supportive intervention; and if she will make a statement on the matter. [33673/12]

I have asked the Health Service Executive to respond directly to the Deputy with the most up-to-date information.

Child Abuse

Bernard J. Durkan

Ceist:

449 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the number of incidents of child abuse reported inside or outside the home; the extent to which any particular patten of circumstances have emerged; and if she will make a statement on the matter. [33675/12]

My Department has sought the information requested by the Deputy from the HSE. I will provide the information to the Deputy when it becomes available.

Foster Care

Bernard J. Durkan

Ceist:

450 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent child fostering services are available throughout the country; the total number of places now required; and if she will make a statement on the matter. [33676/12]

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy with the most up-to-date information.

Adoption Services

Bernard J. Durkan

Ceist:

451 Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the total number of applications for adoption, national and foreign awaiting process or approval; if she will further outline her proposals to address the most obvious of frequently arising issues; and if she will make a statement on the matter. [33677/12]

The number of applications for adoption awaiting processing and approval covers various aspects of processing work ranging from an enquiry by prospective adopters to the HSE for assessment through to the granting of an entry in the Register of Adopted people and Register of Inter-country Adoptions, as appropriate.

The AAI have advised me that they have received 288 applications for extensions to Declarations of Eligibility and Suitability in recent weeks. These Declarations of Eligibility and Suitability are due to expire on 31 October 2012. The AAI have forwarded these applications to the HSE for updated assessments to be produced. The Authority also currently has 37 applications in hand for new Declarations.

I have referred the Deputy's question to the HSE for direct reply in regard to the number of adoption applications it is currently processing.

Medical Cards

Brian Walsh

Ceist:

452 Deputy Brian Walsh asked the Minister for Health if a decision in respect of an appeal regarding a medical card application in respect of a person (details supplied) in County Galway will be expedited. [32977/12]

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

Nursing Education

Regina Doherty

Ceist:

453 Deputy Regina Doherty asked the Minister for Health if he will consider the case of the nursing class of 2011 (details supplied), who were excluded from qualification payments as their exams were not graded until 2012; and if he will make a statement on the matter. [33571/12]

The Minister for Public Expenditure and Reform is currently carrying out a review of allowances in the public service. This review is being undertaken following a Government decision requiring the public service to take additional measures to deliver further efficiencies in the public sector pay bill.

Psychological Service

Bernard J. Durkan

Ceist:

454 Deputy Bernard J. Durkan asked the Minister for Health if he has identified any particular or specific weaknesses in child psychological or support services; and if he will make a statement on the matter. [33674/12]

For Child and Adolescent Mental Health Services (CAMHS) teams to work effectively, a range of disciplines, skills and perspectives are required so that children and adolescents are offered a care and treatment package appropriate to their individual needs. The Third Annual Child and Adolescent Mental Health Service Report 2010-2011 has highlighted gaps in the completion of CAMHS teams. Therefore part of the special funding of €35m allocated to the HSE in 2012 will be used to complete the multidisciplinary profile of the existing CAMHS teams by ensuring, at a minimum, that at least one of each mental health profession (medical, nursing, clinical psychology, social work, occupational therapist, speech and language therapist, child care worker) is represented on every team.

HSE approvals have already issued to the four Regional Directors of Operations to allow for the process of the filling of the posts in each region to commence.

Hospitals Building Programme

Billy Kelleher

Ceist:

455 Deputy Billy Kelleher asked the Minister for Health when a decision will issue on the national children’s hospital; and if he will make a statement on the matter. [32969/12]

As the Deputy will be aware, I established an independent Review Group to consider the implications of the decision of An Bord Pleanála, received on 23 February 2012, to reject the planning application for the proposed construction of a national paediatric hospital on the site of the Mater Misericordiae Hospital. The aim of the Review was to consider all the possible options for the earliest possible delivery of a new children's hospital. The Group has now presented its report which I intend to consider carefully before bringing to Government.

Services for People with Disabilities

Peter Mathews

Ceist:

456 Deputy Peter Mathews asked the Minister for Health if community services will be made available for a person (details supplied) in County Dublin while they are being accessed by the Health Service Executive for autistic services; and if he will make a statement on the matter. [32970/12]

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.

Brian Walsh

Ceist:

457 Deputy Brian Walsh asked the Minister for Health if he will provide details of how additional funding of €24 million in excess of the €1,576 million allocation for disability services in the Health Service Executive national service plan was spent in 2011. [32974/12]

The issues raised by the Deputy are more appropriate for the Health Service Executive. Accordingly the Department has asked the HSE to provide the details requested directly to the Deputy.

Pension Provisions

Éamon Ó Cuív

Ceist:

458 Deputy Éamon Ó Cuív asked the Minister for Health the number and names of section 38 intellectual disability bodies covered by the State guaranteed pension scheme, known as the nominated health agency superannuation scheme; the pension deficit for each organisation for 2012, 2011, 2012 and estimated for 2013; and if he will make a statement on the matter. [32982/12]

Éamon Ó Cuív

Ceist:

459 Deputy Éamon Ó Cuív asked the Minister for Health the number and names of all section 38 bodies covered by the State guaranteed pension scheme, known as the nominated health agency superannuation scheme; the pension deficit for each organisation for 2010, 2011, 2012 and 2013; and if he will make a statement on the matter. [32983/12]

I propose to take Questions Nos. 458 and 459 together.

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

Medical Cards

John O'Mahony

Ceist:

460 Deputy John O’Mahony asked the Minister for Health further to Parliamentary Question No. 601 of 12 June 2012 and Parliamentary Question No. 550 of 26 June 2012 the reason a decision has not been made on this application; the reason for the delay in issuing a decision; when a decision will be made; and if he will make a statement on the matter. [32989/12]

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

Health Insurance

Billy Kelleher

Ceist:

461 Deputy Billy Kelleher asked the Minister for Health if he has held any discussions with private insurance companies regarding their plans to provide “Ippy” to their customers; and if he will make a statement on the matter. [33016/12]

I have not held any discussions with the private health insurers in relation to the drug referred to by the Deputy. The main legislative provisions for the regulation of the Irish private health insurance market are included in the Health Insurance Acts 1994 to 2011 and insurers are free to design their own health insurance schemes and to enter into agreements with health service providers under this governing legislation. It is not the role of the Minister for Health to become involved in the day to day operations of any private health insurance company.

I am aware that the drug to which the Deputy refers (Ipilumumab) is a treatment for advanced melanoma in adults and is recognised internationally as a significant advance in the treatment of melanoma. In relation to treatment of patients in the public system, the HSE's National Cancer Control Programme (NCCP) has overall responsibility for providing access to appropriate cancer treatments that meet clinical needs, including emerging drug treatments. The HSE/NCCP has recently announced that Ipilumumab will now be made available for use by eligible patients and I welcome this development.

Hospital Staff

Billy Kelleher

Ceist:

462 Deputy Billy Kelleher asked the Minister for Health if the flexibility clause in the Croke Park agreement allows for the following (details supplied); and if he will make a statement on the matter. [33039/12]

The Health Sector chapter of the Public Service Agreement commits both staff and management to implementing a range of measures, including the revision of existing rosters. Under the 2012 Health Sector Action Plan, one of the actions specified is that local management revise the rosters in place in their organisation. Revisions will be focused on achieving the optimal match between staff levels, service activity levels and patient dependency levels across the working day/week/year, as provided for in the Agreement.

Medical Cards

Tom Fleming

Ceist:

463 Deputy Tom Fleming asked the Minister for Health if he will examine an application for medical cards in respect of persons (details supplied) in County Kerry [33051/12]

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

Medical Cards

Noel Harrington

Ceist:

464 Deputy Noel Harrington asked the Minister for Health the reason a full medical card was refused in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [33053/12]

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

General Medical Services Scheme

Sean Fleming

Ceist:

465 Deputy Sean Fleming asked the Minister for Health if general practitioners are allowed to charge medical card patients for the taking of blood tests; and if he will make a statement on the matter. [33055/12]

Section 11 of the General Medical Services (GMS) GP Capitation Contract, which was introduced in 1989, provides that the medical practitioner shall provide for eligible persons, on behalf of the Health Service Executive, all proper and necessary treatment of a kind usually undertaken by a general practitioner and not requiring special skill or experience of a degree or kind which general practitioners cannot reasonably be expected to possess.

General Practitioners (GPs) who hold General Medical Services (GMS) contracts with the HSE must not seek or accept money from medical card or GP visit card holders for services covered under the GMS contract. In circumstances where the taking of blood is necessary to either:

(a) assist in the process of diagnosing a patient; or

(b) monitor a diagnosed condition;

the GP may not charge the patient if they are eligible for free GMS services.

At my request, the HSE has written to all GMS GPs reminding them of their obligations under their contract in respect of services such as phlebotomy and advised them that charges should not be applied for such services.

The HSE is encouraging eligible patients who believe they have been inappropriately charged by a GP for routine phlebotomy services to seek a refund from the GP in question. Alternatively, they may wish to follow up with the HSE and the matter will be fully investigated. Formal complaints will be dealt with through the HSE's Consumer Affairs Service.

It is appreciated that because of the nature of the GP/patient relationship, it may be difficult for patients to make such complaints. Where public representatives are made aware of GPs charging GMS patients in error, they may wish to notify the HSE directly.

The Programme for Government provides for the introduction of a new GMS GP contract with an increased emphasis on the management of chronic conditions, such as diabetes and cardiovascular conditions. It is envisaged that the new contract, when finalised, will focus on prevention and will include a requirement for GPs to provide care as part of integrated multidisciplinary Primary Care Teams. Officials in my Department are in consultation with the HSE with a view to drawing up a new contract. The appropriate arrangements in relation to phlebotomy services and other such services will be considered as part of the new contract.

Mental Health Services

Dan Neville

Ceist:

466 Deputy Dan Neville asked the Minister for Health the progress made in the allocation of €35 million in the last budget towards the implementation of A Vision for Change; and if he will make a statement on the matter. [33057/12]

Dan Neville

Ceist:

468 Deputy Dan Neville asked the Minister for Health the progress made on the development in 2012 of the multi-disciplinary community based psychiatric teams as recommended in A Vision for Change; and the progress made in filling posts to achieve this aim in 2012 as outlined by Government in allocating €35 million towards this objective in budget 2012. [33065/12]

I propose to take Questions Nos. 466 and 468 together.

Funding from the €35m special allocation for mental health will be used primarily to strengthen Community Mental Health Teams in both Adult and Children's mental health services which will ensure, at a minimum, that at least one of each mental health professional discipline is represented on every team.

It is planned that 414 staff will be recruited to the mental health service to deliver on the €35m package of special measures. In order to establish this staffing requirement, a detailed gap analysis of the present composition of 185 Community Mental Health Teams was undertaken. The specific need in relation to each team in all of the four main regions was identified as quickly as possible after the Service Plan was decided. HSE approvals have issued to the four Regional Directors of Operations for the filling of the posts in their areas. The process of recruitment commences immediately on approval.

Of the 414 posts involved , the HSE has had to convert 31 of these in the Dublin Mid Leinster region to nursing that will be assigned in the immediate term to acute in-patient services. However, it is intended that this will be done in the context of introducing a nursing floor for the acute in-patient and community services in that region consistent with the provision of safe services in line with A Vision for Change as well as the Mental Health Commission Quality Framework for Mental Health Services and the roll out of the clinical care programmes.

Suicide Prevention

Dan Neville

Ceist:

467 Deputy Dan Neville asked the Minister for Health if he will outline the budget, including any allocations announced in the budget for A Vision for Change allocated to the National Suicide Prevention Office [33063/12]

Dan Neville

Ceist:

469 Deputy Dan Neville asked the Minister for Health the progress made on the implementation of the National Strategy for Action on Suicide Prevention 2005-2014. [33067/12]

I propose to take Questions Nos. 467 and 469 together.

The budget for the National Office for Suicide Prevention (NOSP) is set by the Health Service Executive. In 2011, the total funding available nationally through the HSE for suicide prevention was about €9 million of which €4.1 million is administered by NOSP and is used to fund voluntary and statutory agencies delivering services in the areas of prevention, intervention, postvention and research. The remaining €5 million is available regionally to fund Resource Officers for Suicide Prevention, Self-Harm Liaison Nurses in Hospital Emergency Departments and local suicide prevention initiatives. In 2012, an additional €3 million (part of the special allocation of €35m for mental health) has been made available to NOSP to implement suicide prevention initiatives in line with Reach Out.

Since the launch of Reach Out and the establishment of the NOSP, there has been a significant amount of cross-sectoral working which has resulted in considerable advances in suicide prevention. The NOSP has implemented many of the action areas engaging a strategic approach in four key areas — delivering a general population approach to mental health promotion and suicide prevention; using targeted programmes for people at high risk of suicide; delivering services to individuals who have engaged in deliberate self harm; providing support to families and communities bereaved by suicide; and commissioning research into suicidal behaviour. Initiatives progressed to date include:

ASIST and Safetalk suicide awareness training programmes.

The tough economic times programme.

Mental Health awareness campaigns.

Supporting voluntary organisations in their work on suicide prevention.

Developing all-island co-operation in the areas of promoting positive mental health and tackling the issue of suicide.

Funding a number of Suicide Community Assessment Nurses (SCAN) to work within primary care to provide an effective and coordinated response for people who are in distress.

The establishment of a Working Group to address the issue of reducing access to the means of suicide and self-harm in a national and coordinated way.

In addition, the National Office recently established a Working Group to review the current activities in this area and to determine the priorities within suicide prevention to ensure that we maximise the available resources. A report on the NOSP's activities is published annually and laid before both Houses of the Oireachtas. The report for 2011 is expected to be published in September.

Question No. 468 answered with Question No. 466.
Question No. 469 answered with Question No. 467.

Hospital Charges

Billy Kelleher

Ceist:

470 Deputy Billy Kelleher asked the Minister for Health the amount in accident and emergency charges levied by hospitals in 2011 on patients who attended accident and emergency without a general practitioner referral; the amount recouped; the amount outstanding; and if he will make a statement on the matter. [33069/12]

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

Medical Cards

John McGuinness

Ceist:

471 Deputy John McGuinness asked the Minister for Health if a medical card will be issued as a matter of urgency in respect of a person (details supplied) in County Kilkenny; and if he will expedite the matter. [33071/12]

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

Drugs Payment Scheme

Charlie McConalogue

Ceist:

472 Deputy Charlie McConalogue asked the Minister for Health the delay in issuing a refund under the drugs payment scheme in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [33091/12]

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

Health Service Staff

Ciara Conway

Ceist:

473 Deputy Ciara Conway asked the Minister for Health the measures being put in place to ensure that Health Service Executive employees receiving a payment processed through Ulster Bank, will continue to receive their entitlements; if alternative arrangements are being made to facilitate collection elsewhere, such as at a post office; and if he will make a statement on the matter. [33098/12]

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

Departmental Staff

Simon Harris

Ceist:

474 Deputy Simon Harris asked the Minister for Health the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33112/12]

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

The information in relation to the Non-Commercial State Agencies is currently being collated and will be forwarded to the Deputy as soon as it is available.

Medical Cards

John McGuinness

Ceist:

475 Deputy John McGuinness asked the Minister for Health if a medical card will be issued as a matter of urgency in respect of a person (details supplied) in County Kilkenny; and if he will expedite the matter. [33120/12]

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

Ambulance Service

Jonathan O'Brien

Ceist:

476 Deputy Jonathan O’Brien asked the Minister for Health if his attention has been drawn to the fact that there was no ambulance cover in Skibbereen, County Cork, on 3 July from 8 am in view of the fact that there was only one paramedic available who could not operate the service alone; if he will prevent this situation arising in the future; and if he will make a statement on the matter. [33128/12]

Caoimhghín Ó Caoláin

Ceist:

488 Deputy Caoimhghín Ó Caoláin asked the Minister for Health the pre-hospital emergency cover, including ambulance services, for the town of Skibbereen, County Cork on the 3 July 2012; if he will ensure that there is a full return of ambulance cover for Skibbereen and surrounding areas immediately; and if he will make a statement on the matter. [33237/12]

Michael Healy-Rae

Ceist:

492 Deputy Michael Healy-Rae asked the Minister for Health the position regarding the ambulance service (details supplied) in Skibbereen, County Cork; and if he will make a statement on the matter. [33279/12]

I propose to take Questions Nos. 476, 488 and 492 together.

As these are service matters, they have been referred to the Health Service Executive for direct reply.

Medical Aids and Appliances

Ciaran Lynch

Ceist:

477 Deputy Ciarán Lynch asked the Minister for Health when a decision will be taken on an application for the provision of a stair lift in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [33131/12]

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.

Hospital Services

Seán Ó Fearghaíl

Ceist:

478 Deputy Seán Ó Fearghaíl asked the Minister for Health if he will direct the Health Service Executive to arrange the urgent transfer of a patient (details supplied) in County Kildare; and if he will make a statement on the matter. [33133/12]

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

Nursing Home Services

Sean Fleming

Ceist:

479 Deputy Sean Fleming asked the Minister for Health the reason there is a consultation process under way regarding contemplating the closure of Abbeyleix and Shaen community nursing units, County Laois, in view of the fact that the Health Information and Quality Authority approved bed capacity is greater than the bed occupancy in these two locations and in each of the nine community nursing units in the midland region as outlined in the information and consultation document in May 2011 for older persons services Health Service Executive midlands; and if he will make a statement on the matter. [33137/12]

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

Nursing Home Services

Sean Fleming

Ceist:

480 Deputy Sean Fleming asked the Minister for Health if he will provide a list of all public nursing homes in tabular form showing the name and address of the public unit, the cost of running each facility, the number of patients in each facility, the average weekly cost per patient for each facility and the totals for all public nursing homes for both 2010 and 2011; and if he will make a statement on the matter. [33142/12]

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

Air Ambulance Service

Billy Kelleher

Ceist:

481 Deputy Billy Kelleher asked the Minister for Health if he has considered subjecting the provision of the air ambulance service to a formal tendering process; if he will outline his liaisons with Air Ambulance Ireland on this matter; and if he will make a statement on the matter. [33147/12]

Last year, I received a number of unsolicited submissions about the provision, by the private sector, of dedicated aeromedical support services in the west of Ireland. I also considered the possibility of provision from within existing state resources.

The absence of data for aeromedical support in the Irish context indicated the need for a pilot project, in order to assess the type and extent of service, if any, that might be required to support the National Ambulance Service (NAS) in the west.

I am pleased to announce that, in co-operation with my colleague Alan Shatter, Minister for Justice, Equality and Defence, a pilot has now been put in place to gather this information and it will run for 12 months. The pilot service, based in Custume Barracks, Athlone, which began on 4th June, will allow the HSE to determine how best to provide support to the NAS emergency ambulance service in the region in the longer term and how we can, realistically, improve response and transit times, and improve outcomes, for seriously ill people.

Hospitals Building Programme

Billy Kelleher

Ceist:

482 Deputy Billy Kelleher asked the Minister for Health if he will provide in tabular form, the allocated budget in 2012 for fit-out and refurbishments of hospitals here; if such works have been affected by fiscal constraints; and if he will make a statement on the matter. [33159/12]

Billy Kelleher

Ceist:

483 Deputy Billy Kelleher asked the Minister for Health if he will outline the key fit-out and refurbishment projects undertaken over the past three years in hospitals here; if there are any significant upcoming projects; and if he will make a statement on the matter. [33160/12]

I propose to take Questions Nos. 482 and 483 together.

There are always more infrastructure projects than can be funded from the Exchequer's health capital allocation. The Health Service Executive's 2012 health capital allocation for health infrastructure at €334m represents 61% of its 2008 allocation. All projects must be considered in the context of the HSE's overall capital programme which is a multi-annual programme developed over a rolling five year period. The Executive is required to prioritise capital infrastructure projects within its overall capital allocation taking into account the existing capital commitments and costs to completion over the period. Therefore it is essential to assess all projects other than those where there are existing capital commitments in place, on their merits, to ensure that the limited capital funding available goes to those developments which are of the highest national importance. The proposed Capital Plan 2012-2016 requires my approval with the consent of the Minister for Public Expenditure and Reform. I am in the process of approving this plan and seeking consent. Details of the plan will be published by the HSE following its approval.

Delivery of health infrastructure in a service matter. Therefore your question has been referred to the Executive for direct reply.

Hospital Equipment

Billy Kelleher

Ceist:

484 Deputy Billy Kelleher asked the Minister for Health if there are any guidelines from the Health Service Executive in relation to fit-out of its hospitals and the tendering process for such contracts; if there has been a change in the approach and nature of the materials and products used in hospital fit outs and refurbishments in recent years; and if he will make a statement on the matter. [33161/12]

Procurement of materials and products used in hospital fit-out and refurbishment is a service matter. Therefore your question has been referred to the Health Service Executive for direct reply.

Services for People with Disabilities

Finian McGrath

Ceist:

485 Deputy Finian McGrath asked the Minister for Health if he will confirm that there is no extra money to offer day services to people with a disability. [33163/12]

Catherine Murphy

Ceist:

511 Deputy Catherine Murphy asked the Minister for Health his plans to follow through on commitments given to school leavers with intellectual disabilities that appropriate services will be provided; if he will ensure that full and appropriate services are provided for the families affected in this way; if the affected families will have this commitment confirmed to them; and if he will make a statement on the matter. [33453/12]

I propose to take Questions Nos. 485 and 511 together.

Day services for adults with disabilities provide a network of support for over 25,000 people who have a wide spectrum of need, ranging from those with severe and profound disabilities who are likely to need long-term specialist service provision to people with lower support needs and greater potential for community participation and inclusion. The HSE, through its Occupational Guidance Service, works with schools, service providers, service users and families to identify the needs of young people with disabilities who are due to complete their second level education. The aim is to address the needs of individuals in the following ways:

Health-funded rehabilitative training;

Health-funded day services;

FÁS-funded vocational training;

Approval to extend education placement for a specified time.

The demand for day services, including rehabilitative training, for school-leavers continues to grow. The HSE expects that approximately 650 school-leavers will require services in 2012. This year, disability services are required to cater for demographic pressures such as new services for school leavers from within their existing budgets. In previous years demographic funding was provided to meet this need. 2012 budgets have been reduced by 3.7% and the moratorium on staff recruitment gives rise to additional challenges in service provision.

The HSE is currently working with all relevant service providers to maximize the use of the available places. Service providers and the HSE have come together under the auspices of National Consultative Forum to identify how the needs of individuals who require day and rehabilitative training places can be responded to within available resources.

The National Consultative Forum recognises that the key to ensuring that available resources for people with disabilities are used to best effect is through constructive collaboration between non-statutory providers and the HSE. There are already many excellent examples of collaborative working between providers and the HSE in innovatively responding to the needs of individuals.

The HSE and disability service providers have agreed that notifications will be issued to families from 10th July if a place is available or if the individual is to be placed on a waiting list. The HSE and the disability service providers acknowledge that the waiting period is a difficult time for individuals and their families. Every effort is being made to achieve an equitable and sustainable outcome.

Services for People with Disabilities

Patrick O'Donovan

Ceist:

486 Deputy Patrick O’Donovan asked the Minister for Health the provisions that will be put in place for people with disabilities that have been affected by the discontinuation of a scheme (details supplied) in County Wexford; and if he will make a statement on the matter. [33186/12]

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.

Alcohol Pricing

Paul Connaughton

Ceist:

487 Deputy Paul J. Connaughton asked the Minister for Health his views on the link between below cost selling of alcohol and resultant health consequences for people’s health; the plans that exist in terms of changes to legislation in relation to this matter; and if he will make a statement on the matter. [33205/12]

In its report on alcohol, the National Substance Misuse Strategy Steering Group recommended — among other things — the introduction of a legislative basis for minimum pricing per gram of alcohol. As minimum pricing is a mechanism of imposing a statutory floor in price levels for alcohol products that must be legally observed by retailers, its primary function would be thus to discourage at risk levels of alcohol consumption. This recommendation is being actively considered as part of the development of an Action Plan in advance of proposals being drafted for Government.

Question No. 488 answered with Question No. 476.

Lourdes Hospital Redress Scheme

Clare Daly

Ceist:

489 Deputy Clare Daly asked the Minister for Health if he will meet with an organisation (details supplied), in order to progress the issue of seeking a mechanism to compensate women who were excluded on age grounds from the Lourdes Hospital redress scheme, as is stated in the programme for Government; when it will be possible to arrange a meeting with this organisation; and if he will make a statement on the matter. [33249/12]

As the Deputy is aware a commitment was made in the Programme for Government to seek a mechanism to compensate those women who were excluded on age grounds alone from the Lourdes Hospital Redress Scheme.

My Department has been engaged in a review to identify the most appropriate mechanism to compensate those women. This process involves taking instructions and legal advice, including advice from the Office of the Attorney General, with a view to proposals being brought to Government for decision.

I would like to assure the Deputy that I am committed to finding a robust and accessible mechanism to fulfil the Government's commitment to the women involved and I intend bringing proposals to Government at the earliest opportunity.

I previously met the organisation referred to by the Deputy in relation to this sensitive issue and I envisage further consultation with them as the matter progresses.

Health Service Staff

Sandra McLellan

Ceist:

490 Deputy Sandra McLellan asked the Minister for Health further to Parliamentary Question No. 687 of 24 April 2012 if the meeting scheduled for 19 June 2012 took place; if he will clarify the position of occupational therapists in the East Cork area as currently the Health Service Executive do not provide occupational therapy reports for people in Youghal, County Cork who are in need of having their homes adapted due to ill health; and if he will make a statement on the matter. [33253/12]

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.

Patient Statistics

Pearse Doherty

Ceist:

491 Deputy Pearse Doherty asked the Minister for Health further to Parliamentary Question No. 674 of 19 June 2012, the steps he will take to deal with the dramatic increase in incidents of Crohn’s disease and ulcerative colitis among children; the resources he will invest in combatting the dramatic rise in Crohn’s disease and ulcerative colitis among children; and if he will make a statement on the matter. [33265/12]

Statistics on the numbers of people diagnosed with Crohn's disease and ulcerative colitis are not routinely available. The available data relates to episodes of hospitalisation from these conditions and this information is presented in the table below. The data are derived from the Hospital In-Patient Enquiry (HIPE) system which records details on each in-patient and daycase discharge from all publicly-funded acute hospitals. It should be noted that if a patient is admitted more than once for a specific condition, each admission is counted separately in HIPE. For this reason, the figures should not be interpreted as prevalence estimates for these conditions. The data for 2011 is provisional.

Similar to all chronic disease management, the treatment of Crohn's disease and ulcerative colitis in children requires a combination of self-help, primary care and specialist care services.

In relation to specialist services, the SDU are supporting hospitals in achieving a 9-month maximum waiting time for inpatient and daycase surgery.

Hospitalisation for Crohn's Disease and Ulcerative Colitis, for Age Groups 1-15 and 16-30, for years 1994-2011

Crohn’s Disease

Ulcerative colitis

Year

Ages 1-15 years

Ages 16-30 years

Ages 1-15 years

Ages 16-30 years

1994

61

387

64

255

1995

53

385

50

283

1996

51

388

51

310

1997

77

392

54

353

1998

47

450

62

332

1999

52

501

48

351

2000

51

543

46

353

2001

77

686

46

433

2002

95

730

51

416

2003

129

802

41

455

2004

88

844

40

425

2005

119

964

42

409

2006

130

1128

38

554

2007

140

1423

58

631

2008

191

1407

57

663

2009

163

1492

74

733

2010

212

1710

85

826

2011

268

1737

113

921

Source: HIPE, Information Unit, DoH.

Data refers to occurrences of Crohn's disease and ulcerative colitis with principal diagnosis codes of ICD9 555 and ICD9 556, for years 1994-2004. The years 2005-2011 use codes ICD10 K50 and ICD10 K51 respectively.

Question No. 492 answered with Question No. 476.

VAT Rates

Olivia Mitchell

Ceist:

493 Deputy Mary Mitchell O’Connor asked the Minister for Health his views on whether it would be more appropriate to have a higher rate of VAT on soft drinks and alcohol than on nutritional drinks such as juices and smoothies which all currently have a VAT rate of 23%; and if he will make a statement on the matter. [33281/12]

The Special Action Group on Obesity is currently carrying out a Health Impact Assessment (HIA) on the health and economic aspects of introducing a levy on sugar-sweetened drinks and the Institute of Public Health will be facilitating my Department with this assessment.

The Steering Group aims to have the Health Impact Assessment Report available in October to be presented to me. At that point, myself and my officials will consider the HIA results and use them as part of the decision making process regarding any possible introduction of a levy on sugar-sweetened drinks.

In its report on alcohol, the National Substance Misuse Strategy Steering Group recommended — among other things — the introduction of a legislative basis for minimum pricing per gram of alcohol. As minimum pricing is a mechanism of imposing a statutory floor in price levels for alcohol products that must be legally observed by retailers, its primary function would be thus to discourage at risk levels of alcohol consumption. This recommendation is being actively considered as part of the development of an Action Plan in advance of proposals being drafted for Government.

Pharmacy Services

Olivia Mitchell

Ceist:

494 Deputy Mary Mitchell O’Connor asked the Minister for Health his views on whether the current number of training places available to pharmacy students is sufficient; and if he will make a statement on the matter. [33282/12]

Olivia Mitchell

Ceist:

495 Deputy Mary Mitchell O’Connor asked the Minister for Health his views on whether a greater clinical focus in pharmacy training would result in more streamlined referral to general practitioners and a more timely identification of health problems; and if he will make a statement on the matter. [33283/12]

I propose to take Questions Nos. 494 and 495 together.

Pharmacists perform an important role in the safe dispensing and use of medicines, including providing advice, information and counselling to patients. As a result, it is essential that pharmacists undergo comprehensive education and training in order to provide the best patient care.

The minimum requirements for the education and training of pharmacists are set out in an EU Directive on the recognition of Professional Qualifications which requires that the pharmacist qualification must consist of a five-year programme of education and training, with a minimum of four years of full-time university-level academic studies and a minimum of six months practical training in either a community or hospital pharmacy.

Currently in Ireland, 3 schools of pharmacy at Trinity College Dublin, University College Cork and the Royal College of Surgeons in Ireland (RCSI) provide an accredited 4 year pharmacy degree programme. The fifth year of in-service training (the National Pharmacy Internship Programme) is currently delivered as a transitional measure on behalf of the Council of the PSI by the RCSI. Successful students are awarded a Masters degree in Pharmacy and are entitled to apply for registration as a pharmacist. In June 2010 the Council of the PSI decided to move to a 5 year fully integrated programme of education and training in pharmacy. The fully integrated Masters degree will continue to include practical experience of working with patients, carers and other healthcare professionals but these practice experiences will be more clinically focused in order to meet the needs of patients and the health system. In addition, the integrated degree will also facilitate interprofessional education in order to promote collaborative working with GPs and other health professionals.

Practical in-service training is a key aspect of pharmacy education and training. Training placements are provided to pharmacy graduates by pharmacists in community, hospital and industrial practice. I am advised by the PSI that it closely monitors the availability of training placements. There are currently 190 placement opportunities available annually to meet the needs of 170 students. However, the numbers of community and hospital placements have decreased in recent years due to the financial situation.

The pharmacy educational reforms are expected to lead to more streamlined referrals to general practitioners, and ensure that these referrals are more clinically informed to improve patient care. These reforms will commence in 2013 and are intended to ensure that pharmacists can play a critical role in the delivery of future integrated health services in Ireland.

Dental Services

Dominic Hannigan

Ceist:

496 Deputy Dominic Hannigan asked the Minister for Health the number of young persons who are on the waiting list for orthodontic treatment in Our Lady’s Hospital, Navan, County Meath; the number that have been on the waiting list for three months, between three and six months, between six and 12 months, between 12 and 18 months, between 24 and 30 months; between 30 and 36 months, between 36 and 42 months and between 42 and 48 months; and if he will make a statement on the matter. [33313/12]

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

Dental Services

Dominic Hannigan

Ceist:

497 Deputy Dominic Hannigan asked the Minister for Health the position regarding the plans being developed by the Health Service Executive and the local staff to deal with the delays in orthodontic treatment in Our Lady’s Hospital, Navan, County Meath; and if he will make a statement on the matter. [33314/12]

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

Hospital Services

Patrick Deering

Ceist:

498 Deputy Pat Deering asked the Minister for Health the reason a person (details supplied) in County Carlow who was collected by the Health Service Executive minibus and brought to Kilcreene Hospital, County Kilkenny, for breast screening was not returned to their home following their appointment. [33344/12]

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

Health Insurance

Niall Collins

Ceist:

499 Deputy Niall Collins asked the Minister for Health the reason Irish Life, as a State owned entity, has been permitted to hold a significant shareholding in a private health insurance company particularly when he is working to divest it of its shareholding in VHI on foot of a European Court of Justice judgment to this effect; and if he will make a statement on the matter. [33347/12]

As the Deputy is aware the Irish health insurance market received a new entrant last week with the launch of GloHealth. I welcome this development, and believe that it will help improve competition in the market. The decision of Irish Life to invest in GloHealth is a commercial matter for the Board of Irish Life, in keeping with its remit as a commercial insurer. Both Glohealth and Irish Life are regulated by the Central Bank of Ireland.

The European Court of Justice judgement to which the Deputy refers concerned the VHI's derogation from the EU Non-Life Directives which had exempted it from the requirement to be authorised by the Central Bank. The Court of Justice of the European Union ruled against the State on 29 September last. The Government is committed to addressing the findings of the European Court of Justice by dealing with the VHI's regulatory status. Irish officials have met with European Commission officials of both the Directorate General for Competition and the Directorate General for Internal Market and Services since the beginning of the year and will continue to engage with them on an ongoing basis.

Health Service Staff

Eoghan Murphy

Ceist:

500 Deputy Eoghan Murphy asked the Minister for Health the number of health service employees who completed performance management and development system assessments in 2011 by the Health Service Executive area and hospital; and if she will provide a breakdown of the scoring categories 5 to 1 in each HSE area and hospital. [33357/12]

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

Medical Cards

Peadar Tóibín

Ceist:

501 Deputy Peadar Tóibín asked the Minister for Health if his attention has been drawn to the case of a person (details supplied); the reason the persons are not allowed to know the reason they are being refused a medical card. [33362/12]

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

Hospital Waiting Lists

John Browne

Ceist:

502 Deputy John Browne asked the Minister for Health if he will arrange to have a person (details supplied) in County Wexford admitted to hospital [33409/12]

The Special Delivery Unit (SDU) is working to unblock access to acute services by improving the flow of patients through the system, and by streamlining waiting lists, including the management of referrals from GPs by hospitals. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF. As a priority, public hospitals were instructed to ensure that, by the end of 2011, they had no patients waiting more than 12 months for treatment. I can confirm that the vast majority of hospitals achieved this objective. During 2012, the SDU will support hospitals in the delivery of a 9 month maximum wait time for inpatient or daycase surgery. As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and hospital involved.

Medicinal Products

Michael Healy-Rae

Ceist:

503 Deputy Michael Healy-Rae asked the Minister for Health his views on a matter (details supplied) regarding the unavailability of a drug; and if he will make a statement on the matter. [33413/12]

Shortages of essential medicines are currently a cause of concern not just in Ireland but throughout Europe and the rest of the world. It is a problem affecting health systems in all countries and impacting on patients world-wide. Medicines shortages can be the result of one, several or any combination of factors throughout the pharmaceutical supply chain such as manufacturing difficulties, industry consolidation, and commercial decisions by manufacturers to withdraw unprofitable lines.

Irish Medicines Regulations place an obligation on both manufacturers and pharmaceutical wholesalers within the limits of their respective responsibilities, to ensure the adequate availability and supply of medicines on the Irish market in order to meet patient needs. Eltroxin, which contains the active substance levothyroxine, is a long-established medicine that is used to control hypothyroidism, congenital hypothyroidism and juvenile myxoedema. It is marketed in tablets containing 25, 50 and 100mcgs and is the subject of a marketing authorisation in Ireland.

Before anyone is allowed to market a medicine in Ireland they are required to apply for a marketing authorisation from either the Irish Medicines Board (IMB) or the European Medicines Agency (EMA). The IMB and EMA examine the safety, quality and efficacy of medicines. The Marketing Authorisation Holder (MAH) for Eltroxin is the Mercury Pharma Group of which Goldshield Pharmaceuticals is a part. The product is manufactured under contract in the United Kingdom. The current shortage of Eltroxin emerged in February 2012 when the UK's Medicines and Healthcare Products Regulatory Agency suspended the authorisation of an alternative levothyroxine 100mcg tablet product, which was not on the Irish market, with the effect that the overall supply of levothyroxine on the Irish and UK markets was reduced.

The Health Service Executive (HSE) and the IMB have been managing the shortage of Eltroxin and issued a joint communication (26th April 2012) via the Pharmaceutical Society of Ireland (PSI) updating pharmacists on management of the shortage. The HSE put in place special arrangements to reimburse suitable UK licensed product stock and this was notified to community pharmacists on 1st May 2012. The HSE and IMB continue to closely monitor this issue to ensure ongoing access to this important medicine. In addition, the PSI has recently published guidance to registered pharmacists on managing medicines shortages.

The MAH for Eltroxin is continuing to liaise with the IMB and HSE on this matter and has confirmed to the HSE there are stocks of 50mcg and 100mcg in the country at the moment with further supplies of the 25mcg expected this week. To avoid stockpiling of this product in some locations and to ensure that all patients throughout the country have access to this medicine, the Mercury Pharma Group has had to apply a quota system to quantities supplied to pharmacies. My Department has been engaging with the IMB, the HSE and the PSI to identify ways in which the Irish system can manage medicines shortages as effectively as possible in order to minimise the impact on patients. International efforts to effectively manage medicines shortages are also being considered.

Health Services

Finian McGrath

Ceist:

504 Deputy Finian McGrath asked the Minister for Health if he will support the case of a person (details supplied). [33415/12]

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

Medical Cards

Brendan Griffin

Ceist:

505 Deputy Brendan Griffin asked the Minister for Health if Behcets syndrome will be recognised as a long-term illness for the purpose of a medical card; and if he will make a statement on the matter. [33425/12]

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.

Food Safety Standards

Caoimhghín Ó Caoláin

Ceist:

506 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will confirm that any proposed changes to the terms and remit of safefood will be taken forward with the agreement of the North South Ministerial Council; and if he will make a statement on the matter. [33434/12]

Caoimhghín Ó Caoláin

Ceist:

507 Deputy Caoimhghín Ó Caoláin asked the Minister for Health the agreements reached with the Northern Minister for Health with regard to changes in the operation of safefood; and if he will make a statement on the matter. [33435/12]

Caoimhghín Ó Caoláin

Ceist:

508 Deputy Caoimhghín Ó Caoláin asked the Minister for Health to detail the input his Department made to Department of Health, Social Services and Public Safety review of the operation of safefood; and if he will make a statement on the matter. [33436/12]

Caoimhghín Ó Caoláin

Ceist:

509 Deputy Caoimhghín Ó Caoláin asked the Minister for Health his views on the Department of Health, Social Services and Public Safety review of safefood with regard to changes that it proposes into the operation of safefood’s all Ireland programme; and if he will make a statement on the matter. [33437/12]

Caoimhghín Ó Caoláin

Ceist:

510 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will confirm that his Department remains committed to an all Ireland approach as developed by safefood and in particular the roll out of an all Ireland public information campaigns on nutrition; and if he will make a statement on the matter. [33438/12]

I propose to take Questions Nos. 506 to 510, inclusive, together.

The Department of Health, Social Services and Public Safety (DHSSPS) in the North are currently reviewing the work carried out by the Food Safety Promotion Board (FSPB). The purpose of the review is to ensure that the Food Standards Agency in Northern Ireland, the Public Health Agency, the FSPB and DHSSPS work effectively, in complementary roles, and provide maximum value for money in respect of the provision of high quality scientific and policy advice relating to food safety, diet and nutrition. This DHSSPS review is expected to be completed soon and it can be anticipated that its final recommendations will be made available within a matter of weeks. This review will not require any alteration or amendment to the statutory remit and scope of the FSPB.

I recently met with the CEO of the FSPB and members of its Advisory Board. At that meeting I outlined that I had asked officials in my Department to also review the work of the FSPB — a review which would finish after, and take into account the findings of, the DHSSPS review. Both reviews are exploring the scope for greater efficiencies, and the respective roles and responsibilities of organisations working in the food safety, diet, and nutrition areas North and South so as to avoid duplication and maximise value for money. These reviews will help clarify the role to be undertaken by FSPB and will also inform consideration of their 2012 Business Plan. I have also emphasised the need for this review process to reflect FSPB's Island of Ireland remit. It has been agreed that approval of FSPB's Business Plan needs to await the outcome of these reviews. The outcome of this process will be subject to agreement at Ministerial level and will thereafter be brought to the North-South Ministerial Council at the earliest opportunity.

Question No. 511 answered with Question No. 485.

Services for People with Disabilities

Finian McGrath

Ceist:

512 Deputy Finian McGrath asked the Minister for Health if he will assist a disability service (details supplied) in County Dublin who have 40 years service users who are in crisis need of residential care. [33465/12]

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.

Medical Cards

Noel Harrington

Ceist:

513 Deputy Noel Harrington asked the Minister for Health the reason the medical card applications in respect of persons (details supplied) in County Cork still have not been fully processed; and if he will make a statement on the matter. [33482/12]

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

Hospital Services

Patrick Nulty

Ceist:

514 Deputy Patrick Nulty asked the Minister for Health if he will report on the proposed merger of James Connolly Memorial Hospital, Dublin 15 and Beaumont Hospital, Dublin 9; and if he will make a statement on the matter. [33485/12]

It is important that we organise our health services to make sure that we have safe and consistent treatment for patients across the country in a way which is affordable. This is being tackled through the clinical programmes and also through the re-organisation of our hospital system and the establishment of our hospitals into groups. The creation of hospital groups and trusts is at the heart of the Government's reforms of the acute hospital sector. In June the Minister announced the appointment of Professor John R. Higgins to work with the Special Delivery Unit (SDU) in the role of Chair of a Strategic Board to assist the Department of Health in the design and establishment of Hospital Groups.

Both Beaumont and Connolly Hospitals have had an opportunity to meet with Professor Higgins and to make a contribution to the fact finding phase of the work of this Board. In addition, both hospitals are working together on service developments including joint consultant posts and service re-alignments such as general urology moving from Beaumont Hospital into Connolly Hospital to facilitate an expansion of the National Kidney Transplant Programme and the continuing development of the National Cancer Programme at Beaumont Hospital. The final decision about the arrangements for hospital groups will be a matter for Cabinet.

National Children’s Hospital

Patrick Nulty

Ceist:

515 Deputy Patrick Nulty asked the Minister for Health when the preferred site for the proposed new national children’s hospital will be made public; and if he will make a statement on the matter. [33486/12]

As you will be aware, I established an independent Review Group to consider the implications of the decision of An Bord Pleanála, received on 23 February 2012, to reject the planning application for the proposed construction of a national paediatric hospital on the site of the Mater Misericordiae Hospital. The aim of the Review was to consider all the possible options for the earliest possible delivery of a new children's hospital. The Group has now presented its report which I intend to consider carefully before bringing to Government.

Ambulance Service

Aengus Ó Snodaigh

Ceist:

516 Deputy Aengus Ó Snodaigh asked the Minister for Health the reason Skibbereen in west Cork and the area in general has recently had no ambulance cover due to lack of overtime pay; and if he will give a commitment that a full ambulance service cover will be restored and in place for the future. [33546/12]

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

Medical Cards

Seán Ó Fearghaíl

Ceist:

517 Deputy Seán Ó Fearghaíl asked the Minister for Health if he will expedite an application for a medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [33549/12]

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

Departmental Reports

Catherine Byrne

Ceist:

518 Deputy Catherine Byrne asked the Minister for Health his views on the recent report by Professor Oonagh Walsh of UCC on the practice of symphysiotomy here; the way he plans to respond to this report and the forthcoming consultation process; if he accepts the concerns outlined by the Survivors of Symphysiotomy organisation; and if he will make a statement on the matter. [33568/12]

Professor Oonagh Walsh, independent researcher from University College Cork was commissioned by the Chief Medical Officer in the Department of Health to draft a report in relation to the practice of symphysiotomy in Ireland. This draft report is the first stage of a two-stage process in relation to this research on the practice of symphysiotomy in Ireland. This first stage is an independent academic research report, which is based on an analysis of published medical reports and research. The draft report contains information about how frequently symphysiotomy was carried out in Ireland and compares rates with other countries. The second stage in the research, which is now underway, is a consultation process on the draft report involving patient groups, health professionals and in particular the women who have undergone symphysiotomy.

The final report, which will take full account of the consultation outcomes and include recommendations, will be presented to me for consideration of any actions that may be required to address the issues concerned. The researcher expects to complete the final report in the Autumn. I then intend to publish the report after it is presented to me, subject to the usual legal considerations but I do not anticipate any significant difficulties in that regard. I do not wish to express any views on the draft report which is going through its planned consultation phase to preserve the independence of the research process and to allow the women in particular to provide their views in the consultation concentrating solely on the research report and without being possibly deflected from that process by any statements from me. I remain determined to bring this matter to a conclusion for all women concerned as soon as possible.

Medical Cards

Mattie McGrath

Ceist:

519 Deputy Mattie McGrath asked the Minister for Health when a medical card will issue in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [33578/12]

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

Long-Term Illness Scheme

Caoimhghín Ó Caoláin

Ceist:

520 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if the long-term illness scheme covers hospitalisation costs relating to the condition; and if he will make a statement on the matter. [33588/12]

Caoimhghín Ó Caoláin

Ceist:

521 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if a young patient suffering from asthma and type 1 diabetes, covered by the long-term illness scheme, is entitled to free hospital care. [33589/12]

I propose to take Questions Nos. 520 and 521 together.

The Long Term Illness Scheme does not cover the cost of hospitalisation.

Medical Cards

Robert Troy

Ceist:

522 Deputy Robert Troy asked the Minister for Health the position regarding a medical card review in respect of a person (details supplied). [33590/12]

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

Medical Cards

Tom Fleming

Ceist:

523 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. [33594/12]

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

Cosmetic Surgery

Dominic Hannigan

Ceist:

524 Deputy Dominic Hannigan asked the Minister for Health if he will be seeking any costs back from the three clinics on which PIP implants were inserted; if the National Treatment Purchase Fund had to be used to remove them for safety risks; and if he will make a statement on the matter. [33605/12]

Since concerns were first raised in March 2010 regarding the issue of breast implants, provided by the now defunct French company Poly Implant Prosthese (PIP), my Department's clear priority has been to try and ensure that the three treating clinics involved in the issue provide professional and appropriate care to their affected clients. However despite intensive efforts, by the office of the Chief Medical Officer, such appropriate care on the scale required has not been forthcoming. Despite intense discussions one provider has failed to deliver an appropriate care package for its clients. Consequently it has been decided that the necessary care required by the affected recipients of these implants should be made available via an alternative route, i.e. the National Treatment Purchase Fund (NTPF). Accordingly the Department has now commenced work on sourcing an alternative service via the NTPF. This will encompass surgical consultation, radiology if required and removal of implants if this is deemed clinically necessary. The Department intends to seek recovery of the costs incurred by the NTPF from the relevant service provider.

Health Promotion

Regina Doherty

Ceist:

525 Deputy Regina Doherty asked the Minister for Health if he will act upon the recent report by the Food Safety Authority which has called for calorie counts to be displayed on menus in food service outlets such as restaurants, bars and cafés; and if he will make a statement on the matter. [33609/12]

In October 2011, the Minister for Health wrote to Fast Food chains operating in Ireland to request that they introduce calorie posting in their restaurants and received a very positive response. It is in this context that the Department of Health commissioned the Food Safety Authority of Ireland (FSAI) to conduct a public consultation on the introduction of calorie posting on fast food outlet and restaurant menus. The Minister launched the FSAI's public consultation process in February 2012, with a view to gathering information which would inform the next steps in the process. The final outcome of that consultation process was launched by the Minister on 4th July 2012.

The Calorie Posting initiative is only one among several that are being progressed by the Special Action Group on Obesity which the Minister set up in 2011. This group comprises key stakeholders, and is chaired by the Department of Health. The group includes representatives from the Department of Children and Youth Affairs, the Department of Education and Skills, the Health Service Executive, the Food Safety Authority of Ireland and Safe food and its remit is to examine and progress a number of issues to address the complex and multi-factorial problem of obesity.

The Special Action Group on Obesity is concentrating on a specific range of measures to combat the growing obesity problem, one of which is the Calorie Posting initiative. The Group will work with other Government Departments in a cross-sectoral approach to help halt the rise in overweight and obesity. It is recognised that alone no single initiative will reverse the trend, but a combination of measures should make a difference. It is essential to recognise that a small but sustained positive change in the eating behaviour of a large number of individuals can have a major effect on the obesity crisis.

The Minister has indicated that he is very much in favour that the programme of putting calories on menus in Ireland be introduced on a voluntary basis at first, because it is clear from the consultation results that the food industry will need significant technical support in order to implement it. To this end, the Special Action Group on Obesity is actively working on the development of an action plan to facilitate the implementation. There are a number of issues which SAGO now needs to address, for example, technical support for providing calorie content information for small restaurant/coffee shop owners; priority based implementation; how the scheme might work in restaurants whose menus change frequently etc. It is envisaged that calorie posting commence in the coming months when these considerations are finalised and the necessary implementation mechanism has been devised.

Value for Money Reviews

Regina Doherty

Ceist:

526 Deputy Regina Doherty asked the Minister for Health if the recent value for money report has revealed any incidences in which moneys from the disability budget were diverted to pay staff rather than fund services; and if he will make a statement on the matter. [33616/12]

The Value for Money (VFM) and Policy Review of the Disability Services was initiated by the Department of Health in June 2009 and was conducted under the auspices of the Government's Value for Money and Policy Review Initiative 2009-2011. The purpose of the Review was to assess how well current services for people with disabilities met their objectives and support the future planning and development of services. The period under review was 2005 to 2009.

The Review was overseen by an independent chair, Mr. Laurence Crowley, and had two other independent members, as well as members drawn from the Disability Sector, the Department of Health and Children, the Department of Public Expenditure and Reform, and the HSE. It is expected that the report will be submitted to the Government for consideration in the near future and, if approved, will be published as soon as practicable thereafter. It would not be appropriate for me to speculate on any of the findings of the report in advance of its consideration by the Government.

However, separate from the VFM Review, the Deputy may wish to note that the Disability Services Programme is primarily delivered through the provision of a wide range of services and supports, including residential, day, multi-disciplinary therapies, early intervention and early childhood services, respite, home support, assisted living services and other support services. These services and supports are provided to people with disabilities by the HSE and by voluntary service providers through approximately 24,000 staff across many different disciplines, grades and skills. Consequently approximately 85% of the disability budget is expended on staff pay and the balance on non-pay.

Hospital Accommodation

Brian Stanley

Ceist:

527 Deputy Brian Stanley asked the Minister for Health the plans he and the Health Service Executive have to reopen St. Joseph’s ward in St. Vincent’s Hospital, Mountmellick, County Laois. [33619/12]

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

Hospital Services

Brian Stanley

Ceist:

528 Deputy Brian Stanley asked the Minister for Health the number of patients and the current level of funding in the budget for St. Vincent’s Hospital, Mountmellick, County Laois. [33620/12]

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

Hospital Waiting Lists

Patrick O'Donovan

Ceist:

529 Deputy Patrick O’Donovan asked the Minister for Health when a person (details supplied) in County Mayo will be called for surgery in view of the nature of this person’s illness. [33628/12]

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

Hospital Charges

Michael McGrath

Ceist:

530 Deputy Michael McGrath asked the Minister for Health if he will consider introducing a reform to deal with the manner in which persons are currently being charged for a service (details supplied). [33633/12]

The A&E charge which is currently €100, is provided for by the Health (Out-Patient Charges) Regulations 1994 (as amended). The charge applies to persons attending Accident and Emergency and Casualty Departments subject to exemptions set out in these regulations, including medical card holders and those who have a letter of referral from a registered medical practitioner. There are no plans at present to reform the A&E Charge.

Health Service Staff

Seán Kyne

Ceist:

531 Deputy Seán Kyne asked the Minister for Health if consideration will be given to amending the Health and Social Care Professionals Act 2005 to include creative arts therapists on the list of recognised professionals in view of the fact that such an eventuality would enhance client safety and welfare while also recognising the benefits of arts therapies. [33636/12]

The Health and Social Care Professionals Council, established in 2007 and the 12 registration boards being established under the Health and Social Care Professionals Act 2005 (the Act) will be responsible for protecting the public by regulating health and social care professionals in Ireland. The object of the Council is to protect the public by promoting high standards of professional conduct and professional education, training and competence among the registrants of the following 12 health and social care professions designated under the Act: clinical biochemists, dietitians, medical scientists, occupational therapists, orthoptists, physiotherapists, podiatrists, psychologists, radiographers, social care workers, social workers and speech and language therapists. In time, only registrants will be entitled to use these titles.

These 12 professions were designated in the Act which is being implemented on a phased basis, and currently 2 registration boards have been established. These are the Social Workers Registration Board and the Radiographers Registration Board. It is hoped that the remaining 10 registration boards and their registers will be established by end 2014.

While the proposed system of statutory registration applies, in the first instance, to 12 health and social care professions, the legislation empowers the Minister for Health to include, if he considers it appropriate and in the public interest to do so, additional health and social care professions in the regulatory system over time, as appropriate. Section 4 of the Act provides a definition of a health and social care profession and also sets out the factors governing the subsequent addition of any further professions into the regulatory system at a later date, including:

(a) The extent to which the profession has a defined scope of practice and applies a distinct body of knowledge;

(b) The extent to which the profession has established itself, including whether there is at least one professional body representing a significant proportion of the profession's practitioners;

(c) The existence of defined routes of entry into the profession and of independently assessed entry qualifications;

(d) The profession's commitment to continuous professional development;

(e) The degree of risk to the health, safety or welfare of the public from incompetent, unethical or impaired practice of the profession;

(f) Any other factors that the Minister for Health considers relevant.

The priority at present for my Department is to develop statutory registration for the 12 professions specified in the Act in the first instance. The extension under the Act of statutory registration arrangements for other health and social care professionals will not be considered until after the initial designated 12 professional grades have been fully dealt with.

Government approval was given in July 2011 to the drafting of the Health and Social Care Professionals (Amendment) Bill to:

(i) remove difficulties in relation to the effective operation of the Health and Social Care Professionals Council, in particular to urgently provide for the Minister to continue to appoint professional representatives to the Council from the designated professions under the Act, whose term of office expired in March 2011, and

(ii) implement Directive 2005/36/EC on the recognition of professional qualifications in respect of the professions designated under the 2005 Act and provide a legal base for the assessment of qualifications which are outside the scope of the Directive.

Drafting is now at an advanced stage and as the proposed amendments are technical in nature and simply facilitate the more effective operation of the Act it is hoped that the Bill may be enacted at an early date. It is not my intention to revise the terms and provisions of the Bill at this juncture to include the regulation of any additional health and social care professions not designated under the Act.

Water Fluoridation

Seán Kyne

Ceist:

532 Deputy Seán Kyne asked the Minister for Health if in view of the growing scientific doubt as to the benefit of fluoridation of public water supplies and in recognition that Ireland is one of last remaining countries in Europe not to have discontinued this practice, he will exit the current three year minimum contract for water fluoridation when the opportunity to do so arises in November 2012. [33640/12]

The Forum on Fluoridation advised in 2002 that the fluoridation of public piped water supplies should continue as a public health measure. The Irish Expert Body on Fluorides and Health, which was established in 2004, monitors new and emerging issues on fluoride and its effects on health and related matters.

The Expert Body confirms that, based on the review of all previous and current international and national scientific data, the balance of this scientific evidence worldwide confirms that water fluoridation, at the optimal level, does not cause any ill effects and continues to be effective for protecting the oral health of all age groups. The EU Scientific Committee on Health and Environmental Risks (SCHER), published its ‘Opinion on critical review of any new evidence on the hazard profile, health effects, and human exposure to fluoride and the fluoridating agents of drinking water' in 2011. The main conclusions of the SCHER report are that there are no known health implications from fluoridating water at levels used in the EU. There is also extensive evidence in Ireland from a series of national, regional and cross-border studies conducted between 1984 and 2006 that fluoridated drinking water substantially improves the dental health of children and adults.

The Health (Fluoridation of Water Supplies) Act 1960 provides that the HSE make arrangements for the fluoridation of public water supplies. The HSE makes the necessary contractual arrangements in relation to these responsibilities. There are no plans to discontinue the policy of fluoridation of public water supplies, which continues to make an effective contribution to oral health in Ireland.

Hospital Accommodation

Patrick Nulty

Ceist:

533 Deputy Patrick Nulty asked the Minister for Health if the number of neurosurgical intensive care beds in Beaumont Hospital, Dublin, has been increased within the past five years; if so the reason for same; and if he will make a statement on the matter. [33714/12]

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

Thalidomide Victim Compensation

Kevin Humphreys

Ceist:

534 Deputy Kevin Humphreys asked the Minister for Health the position regarding the programme for Government commitment to address the need for further compensation for victims of thalidomide; when he will deliver on this commitment; and if he will make a statement on the matter. [33716/12]

I met with the Irish Thalidomide Association (ITA) and the Irish Thalidomide Survivors Society (ITSS) last year.

Having taken legal advice, I am satisfied that the State does not have a legal liability for the injuries suffered by Irish survivors of thalidomide. However, I have previously indicated that I am willing to enter into discussions about a financial gesture of goodwill towards Irish survivors of thalidomide, which will be constrained by virtue of the current economic circumstances of the country and the many demands made on limited resources. The Irish Thalidomide Association has stated that it fundamentally disagrees with the State's position above and it is unwilling to engage with me on this basis. I also informed both organisations that the Government's main concern is to address their health and social care needs. The first step in this process is to identify the needs of each individual. The Health Service Executive (HSE) and Dr Paul O'Connell, Consultant in Rheumatology and Rehabilitation, Beaumont Hospital have developed a protocol for an appropriate assessment process. The ITA is unwilling to engage in this process also.

The protocol envisages that the multidisciplinary assessment process will include medical, nursing, occupation therapists, physiotherapists, social workers and/or other designated staff as appropriate. It is proposed that the assessment will be conducted in two phases. Phase 1 will be conducted by a multidisciplinary team in Beaumont Hospital. Phase II will be conducted by a multidisciplinary team in the community, preferably in the home. In addition, Beaumont will establish and maintain links with more established centres in Europe. The draft Protocol for the Multidisciplinary Management Plan for the Care of Survivors of Thalidomide in Ireland was sent to the ITSS. The ITSS were asked to review the draft protocol and revert to the HSE with any observations.

However, the ITSS has written to the HSE regarding the extent and scope of the assessment process. Some major issues raised by the ITSS, including an independent agency, housing, heating and transport are unfortunately outside my Department's remit. I have written to the ITSS requesting them, in good faith, to continue to engage with the HSE in developing and participating in a health care assessment process. The process and its outcome will provide information which will assist us in addressing the future health care needs of Irish survivors of thalidomide.

Health Services

Finian McGrath

Ceist:

535 Deputy Finian McGrath asked the Minister for Health if he will support the case of a person (details supplied) in Dublin 3. [33725/12]

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

Respite Care Services

Seán Ó Fearghaíl

Ceist:

536 Deputy Seán Ó Fearghaíl asked the Minister for Health if he will instruct the Health Service Executive to arrange respite facilities in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [33726/12]

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

Marine Safety

Brendan Griffin

Ceist:

537 Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport his views on marine safety (details supplied); and if he will make a statement on the matter. [33209/12]

The safety of passenger ships and boats is a key objective for my Department. As we saw earlier this year with the capsizing of the "M/V Costa Concordia" with the tragic loss of thirty lives this is a critical area in ensuring safety. In Ireland we have a number of categories of passenger tour boats.

Passenger tour boats carrying more than 12 passengers are referred to as passenger ships and they can operate on the inland waterways and at sea. Passenger tour boats carrying not more than twelve passengers are referred to as passenger boats and there are several hundred such boats operating around our coastline and on our lakes and rivers. Each passenger boat and ship is surveyed by Surveyors from by my Department.

Passenger ships are subject to annual surveys and passenger boats are surveyed every two years. These surveys cover all aspects of the vessel including hull structure, watertight integrity, machinery and electrical arrangements, crew qualification and operational matters such as musters and drills. The Merchant Shipping Acts require any Irish ship greater than 80 gross tonnage to enter into an agreement with the crew and complete an official logbook. In addition, in accordance with EU Regulation 336/2006 on the implementation of the International Safety Management Code and its application to passenger ships which operate to sea, the vessels must have a certified safety management system in place called Domestic Safety Management (DSM) and the vessels must hold a DSM logbook as well.

Professional Qualifications

Billy Timmins

Ceist:

538 Deputy Billy Timmins asked the Minister for Transport, Tourism and Sport the position regarding CPC courses in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [32980/12]

The subject matter of this question, which is the operation of the Certificate of Professional Competence (CPC) regime is a matter for the Road Safety Authority (RSA). As Minister I have no involvement in individual cases and cannot comment on them. I have referred the question to the RSA for direct reply. I would ask the Deputy to contact my office if a reply has not been received within ten days.

Departmental Staff

Simon Harris

Ceist:

539 Deputy Simon Harris asked the Minister for Transport, Tourism and Sport the number of staff who took sick leave of more than five, ten, 15, 20 days and 21 days or over in 2011 in all agencies, offices or other bodies reporting to his Department; the length of the ten highest incidences of sick leave across these bodies; and if he will make a statement on the matter. [33118/12]

The provision of the material requested is a matter for direct response by the State agencies, offices and other bodies under the aegis of my Department. I have forwarded the Deputy's question to them for attention. If the Deputy does not receive a reply within ten working days, please advise my private office.

Public Transport

John McGuinness

Ceist:

540 Deputy John McGuinness asked the Minister for Transport, Tourism and Sport if bus services provided by independent operators (details supplied) in County Kilkenny on agreed routes servicing such locations as Kilkenny City will be included as part of the consideration under PSO; if he intends to give grant aid under a sustainable public transport initiative to assist operators in the purchase of natural gas vehicles; if he has had discussions with bus operators regarding this matter; the plans he has, if any, to assist in the funding of the roll out of natural gas vehicle fuelling depots; if he will fund local authorities to assist their plans for use of such vehicles by private operators as part of a local public transport network strategy; and if he will make a statement on the matter. [33122/12]

Matters relating to the consideration of PSO contracts, discussions with bus operators regarding government support and the development of local public transport network strategies fall within the remit of the National Transport Authority (NTA). I have therefore referred these elements of the Deputy's question to the NTA for their direct reply. Please advise my office if you have not received a response within 10 working days.

There are currently no funding streams within my Department from which funding support of the type envisaged for local authorities or public transport operators could be made available. Grant assistance towards the purchase of vehicles using alternative energy technologies and matters relating to the natural gas grid and supply are matters for agencies and companies within the remit of the Minister for Communications, Energy and Natural Resources. I understand from my colleague, the Minister for Communications, Energy and Natural Resources that he has been informed by Bord Gáis Networks (BGN) that they are actively working with Bus Éireann on a trial to be launched in Cork soon to use CNG within Bus Éireann's city fleet.

Driving Licences

Michelle Mulherin

Ceist:

541 Deputy Michelle Mulherin asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 634 of 12 June 2012, the reason no grandfather rights are provided for persons with monocular vision in respect of group 2 licences which is at odds with the UK driving and vehicle licensing authority; and if he will make a statement on the matter. [33125/12]

When EU legislation is being transposed into the national legislation of Member States, Member States occasionally choose to exercise their right to adopt more stringent requirements than are strictly necessary in order to comply with the EU legislation. In the case of the EU Directives on fitness to drive — 112 and 113 of 2009 — Ireland chose to follow the Directives closely, while the UK chose to exercise its right to adopt more stringent measures. I believe that this has led to a misunderstanding on the part of the Deputy.

The Irish legislation states that applicants for a licence in Group 2 — categories C1, C, D1, D, EC1, EC, ED1 or ED — who have monocular vision, should have an adaptation period of at least six months before driving, and that afterwards driving is allowed only after a favourable opinion from vision experts.

In the UK, people with loss of vision in one eye are, with one important exception, barred from holding a Group 2 licence. The exception is the ‘grandfather rights' to which the Deputy refers and relates solely to licence applicants for category C1. The UK allows people with monocular vision to apply for a C1 licence if they passed their driving test prior to 1 January 1997, but only if they satisfy eyesight tests for the remaining eye.

In other words, the UK authorities chose to exercise their right to adopt a stricter approach than was required to comply with the EU Directives, and then gave one exception to those strictures. As Ireland chose not to adopt such additional strictures, the question of ‘grandfather rights' as an exception to additional strictures did not arise.

Pension Provisions

Dessie Ellis

Ceist:

542 Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport the efforts he is making to aid in the resolution of the shortfall in the Irish aviation superannuation scheme pension fund. [33221/12]

The question refers to the Irish Airlines (General Employees) Superannuation Scheme (IASS).

The IASS is a multi-employer scheme involving Aer Lingus DAA and SR Technics. Resolution of the funding difficulties in the scheme is a matter for the trustees, the companies participating in the scheme and the members and I understand that the parties are participating in discussions with the assistance of the Labour Relations Commission in an effort to find a solution to the current difficulties.

As I have no function in relation to the pension scheme the Department is not a party to these discussions.

Driving Licences

Michelle Mulherin

Ceist:

543 Deputy Michelle Mulherin asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 634 of 12 June 2012, the reason no grandfather rights are provided for persons with monocular vision in respect of group 2 licences which is at odds with the UK driving and vehicle licensing authority; and if he will make a statement on the matter. [33267/12]

When EU legislation is being transposed into the national legislation of Member States, Member States occasionally choose to exercise their right to adopt more stringent requirements than are strictly necessary in order to comply with the EU legislation. In the case of the EU Directives on fitness to drive — 112 and 113 of 2009 — Ireland chose to follow the Directives closely, while the UK chose to adopt more stringent measures.

The Irish legislation states that applicants for a licence in Group 2 — categories C1, C, D1, D, EC1, EC, ED1, ED — who have monocular vision should have an adaptation period of at least six months before driving, and that afterwards driving is allowed only after a favourable opinion from vision experts.

In the UK, people with loss of vision in one eye are, with one important exception, barred from holding a Group 2 licence. The exception is the ‘grandfather rights' to which the Deputy refers and relates solely to licence applicants for category C1. The UK allows people with monocular vision to apply for a C1 licence if they passed their driving test prior to 1 January 1997, but only if they satisfy eyesight tests for the remaining eye.

In other words, the UK authorities exercised their rights to adopt a stricter approach than was required to comply with the EU Directives, and then gave one exception to those strictures. As Ireland chose not to adopt such additional strictures, the question of ‘grandfather rights' as an exception to additional strictures did not arise.

Bus Services

Dessie Ellis

Ceist:

544 Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport if he will examine the No. 13 Dublin Bus service with a view to putting on extra buses during rush hour. [33289/12]

The provision of services is an operational matter for Dublin Bus in conjunction with the National Transport Authority (NTA). I have referred the Deputy's question to the company for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Tourism Promotion

Seán Kenny

Ceist:

545 Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport the steps being taken outside Ireland to promote and advertise The Gathering in 2013; the budget allocated for same; and if he will make a statement on the matter. [33296/12]

The matter raised is an operational one for Tourism Ireland Limited as the body responsible for promoting "The Gathering Ireland 2013" overseas. I have referred the Deputy's Question to Tourism Ireland for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Medical Aids and Appliances

Seán Kenny

Ceist:

546 Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport his plans to increase the number of defibrillators available for emergencies in each of the terminals at Dublin Airport; and if he will make a statement on the matter. [33297/12]

The number of defibrillators available at Dublin Airport is an operational matter for the Dublin Airport Authority. Accordingly, I have forwarded the question to the Company for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Parking Regulations

Eoghan Murphy

Ceist:

547 Deputy Eoghan Murphy asked the Minister for Transport, Tourism and Sport his plans to make it possible for local authorities to introduce partial footpath parking in urban areas. [33353/12]

I corresponded with Dublin City Council on this matter on a number of occasions in the past year. In essence, the argument for allowing partial parking is that it would alleviate certain parking difficulties in the city, while the arguments against relate to safety. I believe the arguments against a change substantially outweigh those in favour of change.

Footpaths are provided for the safety of pedestrians and to segregate vulnerable road users from passing or parking traffic on the roadway. Footpaths are not constructed to the same specifications as roads and are not built to bear the weight of vehicles. Local authorities could face problems such as potential damage to kerbs, paths and utility access covers. Finally, if pavement parking is allowed in some areas, it could become a matter of habit for many people and difficult to restrict to the areas where it is legally permitted.

In the absence of any new evidence or arguments for allowing partial parking on pavements, I have no plans to change the law in this regard.

Tourism Industry

Barry Cowen

Ceist:

548 Deputy Barry Cowen asked the Minister for Transport, Tourism and Sport the most recent data of annual footfall to each of the destinations which have been recognised by tourist or heritage destination, brown, signs by the National Roads Authority on motorways; and if he will make a statement on the matter. [33360/12]

As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual road projects, including the provision of signage, is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Specifically, the NRA has responsibility under section 19 of the above Act to "prepare or arrange for the preparation of schemes for the provision of traffic signs". In this context the NRA has published a policy document outlining the criteria for erecting tourist signage (brown signs) and setting out the role of the Authority, Fáilte Ireland and local authorities in the signage development process (and reflected in the letter sent to Senator White).

In this regard, I have no function in the collection of statistical data in this area.

Rail Services

Michael Healy-Rae

Ceist:

549 Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport if in view of the re-scheduling of the new timetable if he will provide an assurance that the first and last train from and to County Kerry, will not be cut under any circumstances; and if he will make a statement on the matter. [33433/12]

The scheduling of train timetables and provision of services is a matter for Irish Rail in conjunction with the National Transport Authority (NTA). I have referred the Deputy's question to Irish Rail for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Question No. 550 withdrawn.

Sports Facilities

Patrick Nulty

Ceist:

551 Deputy Patrick Nulty asked the Minister for Transport, Tourism and Sport if capital funding will be provided to construct permanent changing facilities for sports clubs in Hartstown Park, Dublin 15, in view of the fact that existing facilities were recently destroyed by vandalism; and if he will make a statement on the matter. [33483/12]

The provision of these facilities is a matter more appropriate to Fingal County Council.

I am informed that a number of storage containers located in Hartstown Park, Clonsilla, Dublin 15, were targeted in an arson attack which resulted in damage to equipment belonging to local soccer clubs. The possibility of relocating the containers to a location closer to the newly constructed all weather pitch to facilitate the storage of equipment in a more secure location is currently being examined by the local authority.

I am also informed that it is a long term objective of the local authority to eliminate containers from Hartstown Park and, subject to the availability of funding, to seek to build a new facility which will incorporate changing and storage facilities at a site adjacent to the all weather facility and a local school. No application was received from the local authority under the 2012 Sports Capital programme for such a project.

Should an application be made under the next round, I shall be happy to give it full consideration.

Sports Facilities

Patrick Nulty

Ceist:

552 Deputy Patrick Nulty asked the Minister for Transport, Tourism and Sport if there is capital funding available for the construction of indoor facilities for minority sports, which are Olympic sports; and if he will make a statement on the matter. [33484/12]

A new round of the Sports Capital Programme (SCP) was launched on 28th March 2012.

By the deadline for applications (11 May for paper-based applications and 1 June for applications made online) the Department had received over 2,150 applications for funding under the 2012 SCP.

An application for a grant towards the construction or refurbishment of an indoor sports facility would, subject to meeting the other application criteria, be eligible for assessment under the SCP.

Pilot Training Courses

Willie O'Dea

Ceist:

553 Deputy Willie O’Dea asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that up to 80 students from Ireland, some of whom are from Limerick, have potentially lost more than €80,000 in fees following the termination of a training contract involving a Florida based college and the Waterford based Pilot Training Centre of Ireland; if he will investigate the way this could happen; the way the students can be facilitated to continue their training; and if he will make a statement on the matter. [33580/12]

The Pilot Training College Waterford (PTCW) is a privately owned and operated flight training college. The Irish Aviation Authority (IAA) has responsibility for approving and overseeing flight training organisations in Ireland so I have referred the question to them for direct reply. I would ask the Deputy to contact my office if a reply has not been received within ten days.

The Deputy can be assured that the matter will be investigated by the IAA and that the IAA is assisting pilot trainees to have their training to date recognised and to find new pilot training schools.

I will give consideration to a boarding/fee insurance system for the future, but none such is currently in place either in Ireland or the U.K.

Professional Qualifications

Tony McLoughlin

Ceist:

554 Deputy Tony McLoughlin asked the Minister for Transport, Tourism and Sport if he will provide a breakdown of the number of students by examination session January, June, September who sat the TMCPC under the Chartered Institute of Logistics in Transport examination in Sligo for each of 2009, 2010 and 2011 calendar years; and the number of the aforementioned examination students who had their TMCPC course tuition provided in Sligo by the approved course provider for each of those three years. [33593/12]

The Chartered Institute of Logistics and Transport has provided me with the following details of the numbers of candidates for the Certificate of Professional Competence in Transport Management in 2009, 2010 and 2011.

In 2009, five candidates attended the January examination session, fifteen attended in June and there were no candidates in September. In 2010, seven candidates attended in January while there were no candidates for the June and September examinations. In 2011, four candidates attended in January and there were no candidates for the June and September examinations.

I am informed by the Chartered Institute of Logistics and Transport that all candidates concerned had their course tuition provided in Sligo by the approved training provider.

Rural Transport

Denis Naughten

Ceist:

555 Deputy Denis Naughten asked the Minister for Transport, Tourism and Sport the steps he is taking to not only maintain but to develop rural passenger transport services and to comply with the commitment in the programme for Government to maintain and extend the rural transport programme with other local transport services as much as is practicable; and if he will make a statement on the matter. [33652/12]

I established the National Integrated Rural Transport Committee (NIRTC) earlier this year to oversee and manage a partnership approach to implementing integrated local and rural transport. The Committee which is chaired by the National Transport Authority, is drawn from organisations representing key stakeholders in the local and rural transport integration process including rural transport groups, the HSE, Pobal, Local Authorities, Bus Éireann and policy makers from relevant Departments.

The Committee has been meeting on a monthly basis since April to ensure momentum is maintained in addressing the many complexities associated with effective integration of local and rural transport service provision. The structure of RTP Groups, the nature of local and RTP operations and the extent of HSE and school transport services varies across different areas as does the amount of data available. Consequently, the NIRTC established sub-groups to examine the four key areas of health related transport services, school transport services, logistics e.g. trip-booking systems, ticketing, information, and appropriate structures to support integration. The sub-groups are involving other stakeholders in their work and seeking input from relevant sources as appropriate.

The key area of work for the sub-groups is to identify constraints or high-level impediments to integrated local and rural transport, along with recommendations on how these should be managed. The output from the sub-groups will also inform the design of model areas to test how integrated local and rural transport services can best operate to achieve greater synergies, better meet identified transport needs and deliver increased value for money for the Exchequer.

The outcome of the model areas will inform the wider national roll out of integrated rural transport services on an incremental basis. The sub groups are expected to make an initial report to the NIRTC later this month who will then report to me. In the light of the reports from the sub groups and NIRTC I will be reviewing progress and deciding on the next steps.

This new approach, bringing together all of the key stakeholders is endorsed by Government and is the first time that a national focus and coherence has been brought to the delivery of an integrated rural transport service. This reflects the importance that the Government attaches to the contribution that a carefully designed and efficient rural transport service based on local needs, will make to overcoming social exclusion in rural areas.

Barr