Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Irish Prison Service.

Dáil Éireann Debate, Wednesday - 18 February 2004

Wednesday, 18 February 2004

Ceisteanna (216, 217, 218, 219, 220, 221, 222, 223, 224, 225)

Brendan Smith

Ceist:

285 Mr. B. Smith asked the Minister for Justice, Equality and Law Reform the progress to date in the ongoing talks between his Department, the Irish Prison Service and the Irish Prison Officers' Association on the future management of some places of detention; if every effort will be made to retain Loughan House under the management of the Irish PrisonService as it is the most cost-effective prison; and if he will make a statement on the matter. [5354/04]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the future management of the open centres at Shelton Abbey, County Wicklow, and Loughan House, County Cavan, was the subject of a Government decision on 11 November 2003. That decision approved a series of measures to be taken on a rolling basis with effect from 1 January 2004 in the event of failure to reach agreement with the Prison Officers' Association on a change agenda aimed at eliminating overtime payments and reducing other costs in the Irish Prison Service. These measures included the mothballing of the Curragh Place of Detention and Fort Mitchel Place of Detention and the transformation of the open centres at Loughan House and Shelton Abbey into independently managed post-release centres for the re-integration into society of prisoners on strict terms of temporary release similar to theexisting arrangements for prisoners at both centres.

The reasons for the Government decision have been well aired in the House and in the Seanad. I refer the Deputy to the Adjournment debates in the House on 12, 18 and 27 November 2003 and to an Adjournment debate in the Seanad on 19 November 2003. In the course of those debates, I made it clear that the Irish Prison Service could not continue to spend public money to feed an overtime culture, which was virtually out of control, while sustaining outdated and inefficient work practices. I also made it clear that I had no desire to close or mothball prisons and that my preference was for a mutually advantageous agreement with the Prison Officers' Association which would ensure an efficient and cost effective prison service into the future. My position has not changed in that regard.

As regards the progress of discussions between the Irish Prison Service and the Prison Officers' Association, the Deputy will be aware that those discussions were taking place at the Labour Relations Commission with the assistance of a facilitator and that an impasse was reached between the parties during the past month. Talks were adjourned on 30 January 2004 to allow both sides time to reflect on how the difficulty might be overcome. I am happy that discussions at the Labour Relations Commission resumed on 16 February 2004 and will reconvene on 20 February 2004. The Deputy will appreciate that it would be inappropriate for me to comment on the progress of those discussions.

As regards the future of Loughan House and Shelton Abbey, I have indicated on numerous occasions that my preference is for these open centres to continue to be operated by the prison service and staffed by prison officers. I am hopeful that an agreement can be reached with the Prison Officers' Association on a mutually acceptable way forward. However, there will be no option but to proceed with the transfer of these centres to new management in the event that agreement is not reached.

Martin Ferris

Ceist:

286 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government if he will make available the necessary funding for the renovation of the Magazine Fort in the Phoenix Park to be transformed into a museum and interpretative centre, as has been approved by Dublin City Council. [5130/04]

Amharc ar fhreagra

My Department has no proposal at present to support a major improvement project at the Magazine Fort.

Simon Coveney

Ceist:

287 Mr. Coveney asked the Minister for the Environment, Heritage and Local Government if the Government has plans to introduce legislation outlawing the practice of developers requiring staged payments from property buyers, which results in developers being paid substantial sums of money before building efforts are completed and ownership is transferred. [5181/04]

Amharc ar fhreagra

The Office of the Director of Consumer Affairs, ODCA, took a case to the High Court in 2001 under the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995, and with the support of my Department. The subsequent High Court Order (December 2001) prohibited the use of 15 "unfair" terms in house building contracts and also prohibited stage payments in house building contracts, which exceed the percentages stipulated in the Irish Home Builders Association (IHBA) code of practice or which exceed "the extent and value of works carried out at the date specified for the payment in question".

The IHBA code of practice stipulates that in the case of a purchaser who obtains the title to the site prior to the completion of the transaction, three distinct stage payments may be required, namely at joist level (i.e. 25%); at roof level (i.e. 25%); and at internal plastering stage (i.e. 25%), in addition to a booking deposit (4%); contract deposit (11%); and completion payment (10%). Site costs are the subject of a separate contract. The IHBA code of practice may be accessed on the Construction Industry Federation website at www.cif.ie.

My Department plans to engage with the Office of the Director of Consumer Affairs during 2004 to consider a range of consumer issues related to housing including stage payments.

Breeda Moynihan-Cronin

Ceist:

288 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the proposals he has to facilitate the visually impaired in the new electronic voting system; and if he will make a statement on the matter. [5128/04]

Amharc ar fhreagra

Since its first use in 2002, a number of improvements have been made to the voting machine to improve its user friendliness for the visually impaired. These include an increase in the size and legibility of candidate details; the use of larger preference numbers and brighter displays for better visibility and the use of a redesigned "Cast Vote" button. The system suppliers have undertaken initial work on developing a prototype facility to allow visually impaired voters to use the machine unaided and the Department will examine their proposals carefully when they have been received. As with the manual system, a voter with a visual impairment using the electronic voting machine may avail of the companion voting facility or may be assisted by the presidingofficer.

Seán Crowe

Ceist:

289 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government the number of housing starts per local authority area allocated and completed between 2002 and 2003. [5173/04]

Amharc ar fhreagra

Since 2000 local authorities have operated their housing construction programmes on the basis of a four year allocation of house starts for the period 2000-2003. This replaced the system of annual house start allocations in operation prior to 2000. Information on the number of authorised starts allocated to each local authority under the multi-annual programme is set out in the following table.

Information on the number of completions for each local authority for 2002 is published in my Department's Annual Housing Statistics Bulletin for 2002, copies of which are available in the Oireachtas Library. Information on the number of completions for 2003 will be available in the Annual Housing Statistics Bulletin for 2003 which will be published shortly.

Local Authority Multi-Annual Housing Programme 2000-2003

Local Authority

Total Authorised

Starts 2000-2003

Carlow Co. Council

235

Carlow TC

138

Cavan Co. Council

.330

Cavan TC

138

Clare Co. Council

310

Ennis TC

100

Kilrush TC

40

Cork City Council

1,000

Cork (North) Co. Council

390

Fermoy TC

40

Macroom TC

70

Mallow TC

100

Cork (South) Co. Council

550

Kinsale TC

50

Midleton TC

70

Youghal TC

80

Cork (West) Co. Council

310

Clonakilty TC

60

Cobh TC

70

Skibbereen TC

70

Donegal Co. Council

1,040

Buncrana TC

60

Bundoran TC

60

Letterkenny TC

170

Dublin City Council

2,650

Dún Laoghaire-Rathdown Co. Council

900

Fingal Co. Council

1,400

Galway City Council

540

Galway Co. Council

598

Ballinasloe TC

60

Kerry Co. Council

550

Killarney TC

75

Listowel TC

45

Tralee TC

200

Kildare Co. Council

760

Athy TC

70

Naas TC

120

Kilkenny Co. Council

260

Kilkenny BC

70

Laois Co. Council

350

Leitrim Co. Council

260

Limerick City Council

440

Limerick Co. Council

580

Longford Co. Council

250

Longford TC

120

Louth Co. Council

240

Drogheda BC

285

Dundalk TC

285

Mayo Co. Council.

530

Ballina TC

530

Castlebar TC

30

Westport TC

30

Meath Co. Council

530

Kells TC

50

Navan TC

100

Trim TC

30

Monaghan Co. Council

258

Carrickmacross TC

20

Castleblayney TC

12

Clones TC

20

Monaghan TC

60

Offaly Co. Council

270

Birr TC

60

Tullamore TC

110

Roscommon Co. Council

360

Sligo Co. Council

240

Sligo BC

250

South Dublin Co. Council

1,420

North Tipperary Co. Council

196

Nenagh TC

40

Templemore TC

16

Thurles TC

64

South Tipperary Co. Council

300

Carrick-on-Suir TC

58

Cashel TC

26

Clonmel BC

100

Tipperary TC

38

Waterford City CL

560

Waterford Co. Council

248

Dungarvan TC

110

Westmeath Co. Council

258

Athlone TC

100

Wexford Co. Council

520

Enniscorthy TC

100

New Ross TC

140

Wexford BC

190

Wicklow Co. Council

520

Arklow TC

100

Bray TC

250

Wicklow TC

100

Seán Crowe

Ceist:

290 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government the number of housing accommodation starts for travellers per local authority allocated and completed between 2002 and 2003. [5174/04]

Amharc ar fhreagra

All local authorities required to do so have prepared and adopted five year Traveller accommodation programmes in accordance with the Housing (Traveller Accommodation) Act 1998. Under their programmes, local authorities provide new Traveller accommodation including Traveller specific accommodation units as well as refurbishing existing accommodation to modern standards. Local authorities are not allocated a specific number of starts for Traveller specific accommodation each year.

The following table shows the accommodation provided in 2002 and 2003. Figures shown in this table include Traveller specific accommodation as well as standard local authority accommodation provided for Traveller families. In addition a further 178 units of accommodation were refurbished in this period.

New Units of Accommodation provided in 2002-2003

Local Authority

Number of Units

Carlow Co. Council

31

Cavan Co. Council

6

Clare Co. Council

21

Cork Co. Council

5

Donegal Co. Council

34

Dún Laoghaire/Rathdown Co. Council

21

Fingal Co. Council

39

Galway Co. Council

24

Kerry Co. Council

20

Kildare Co. Council

11

Kilkenny Co. Council

8

Laois Co. Council

16

Leitrim Co. Council

0

Limerick Co. Council

16

Longford Co. Council

19

Louth Co. Council

19

Mayo Co. Council

17

Meath Co. Council

15

Monaghan Co. Council

6

Offaly Co. Council

6

Roscommon Co. Council

3

Sligo Co. Council

6

South Dublin Co. Council

72

North Tipperary Co. Council

6

South Tipperary Co. Council

4

Waterford Co. Council

8

Westmeath Co. Council

31

Wexford Co. Council

31

Wicklow Co. Council

22

Cork City Council

14

Dublin City Council

35

Galway City Council

18

Limerick City Council

0

Waterford City Council

15

TOTALS

599

Jan O'Sullivan

Ceist:

291 Ms O'Sullivan asked the Minister for the Environment, Heritage and Local Government if a Department of Justice asylum seekers identity card will be accepted as valid ID for the identification of a person on the voters register in polling booths for the forthcoming local elections; and if he will make a statement on the matter. [5289/04]

Amharc ar fhreagra

Under electoral law a presiding officer may of his or her own volition, or if so required by a personation agent, request any person applying for a ballot paper to satisfy him or her as to their identity by producing any one of a number of identity documents as specified in the Electoral Regulations 2002. While the identity card referred to is not at present among the documents specified, my Department will consult with the Department of Justice, Equality and Law Reform on this issue.

Trevor Sargent

Ceist:

292 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government his views regarding boundary changes made under the Local Government Act 1994 and associated regulations. [5361/04]

Amharc ar fhreagra

The changes made in 1994, which have effect for local electoral purposes only, were made following agreement by the local elected councils concerned. However since the introduction in 1996 of a modern boundary alteration code (under the Local Government Act 1991), it has been open to a local authority, as a reserved function, to initiate a boundary alteration proposal to have effect for all purposes. Such an alteration would supersede any electoral boundary changes made in 1994. A number of applications for local authority boundary alterations, to have effect for all purposes, have been made and implemented in recent years.

The relevant provisions of the 1991 Act will, as part of the consolidation of local government law being effected under the Local Government Act 2001, be repealed and replaced. Under the 2001 Act provisions an independent Local Government Commission will recommend as to local authority boundary alteration: or it may as an alternative in a particular case recommend the introduction of revised arrangements for service delivery in the area concerned. The commission will be able to act on foot of an application by a local authority (a decision of the elected members) or at the request of the Minister. It is intended that the provisions of the 2001 Act will be commenced in the coming months, as part of an ongoing programme to complete its full implementation.

Question No. 293 withdrawn.

Seán Crowe

Ceist:

294 Mr. Crowe asked the Minister for Social and Family Affairs the areas of policy or practice not in full agreement regarding local authorities distributing rent allowance. [5170/04]

Amharc ar fhreagra

Discussions have been underway for some time in relation to putting in place arrangements, to be operated by the local authorities, to meet the housing needs of people who would otherwise have to rely on a long-term basis on rent supplements paid under the supplementary welfare allowance scheme.

The objective is that local authorities should have available a comprehensive range of options to meet long-term housing needs and that applicants for State supports in relation to housing needs should have their housing needs assessed by a single authority which is in a position to select the best response in light of their particular needs and all the available options.

Arising from these discussions, an action plan is now being finalised. The action plan will include criteria for determining which categories of rent supplement recipient will be eligible to participate in the new arrangements, an implementation timescale, financing and other matters.

While there is full agreement that people with long-term housing needs require a housing response rather than a social welfare payment, and considerable progress has been made in developing practical proposals in that regard, all of the details of how and when the new arrangements will be implemented in practice have not yet been finalised. Discussions between my Department and the Department of the Environment, Heritage and Local Government in that regard are continuing and I expect to be in a position to seek final Government approval for the action plan in the near future.

Simon Coveney

Ceist:

295 Mr. Coveney asked the Minister for Social and Family Affairs the compensation package available at present to former miners who are suffering from health complications, primarily of a respiratory nature as a result of their former employment conditions; and if the levels of compensation or monetary support available to the aforementioned individuals are to be increased accordingly in line with inflation and the increasing cost of health care. [5185/04]

Amharc ar fhreagra

Employment under a contract of service as a miner is insurable for occupational injuries benefit under the Social Welfare Acts. A person who is unable to work due to an incapacity arising from his-her employment may be entitled to occupational injury benefit for the first 26 weeks of their claim. If their incapacity extends beyond that period they may receive disability benefit subject to meeting the qualifying conditions for that payment.

A person may be entitled to disablement benefit under the occupational injuries scheme if they suffer a loss of physical or mental faculty as a result of an accident at work or a disease prescribed in legislation that they contracted at work. The degree of disablement is calculated by comparison of the state of health of the applicant with a person of the same age and gender. The degree of disablement is expressed as a percentage, loss of faculty and the compensation payable varies accordingly.

Where a person has contracted one of the diseases listed in the legislation, benefits are payable only if they were employed in an occupation which is specifically prescribed in relation to that disease due to the nature of that employment. The legislation describes, in relation to each of the listed diseases, the occupations where in normal circumstances there would be a reasonable presumption that the disease was work related. Medical assessments are undertaken in all such cases to determine the degree of disablement and the rate of benefit payable is based on this.

A number of former miners have sought disablement benefit payments. Miners who contracted pneumoconiosis are entitled to occupational injury benefit and may also receive disablement benefit. Chronic Obstructive Pulmonary Disease (COPD) is not a recognised disease for this scheme. However, any award of disablement benefit will reflect the presence of COPD.

Where a person has qualified for occupational injuries benefits, the rate of benefit payable increases on an annual basis in line with the normal social welfare budget increases. In addition, where a person feels that his/her occupational injury has deteriorated since the assessment was made under the scheme, it is open to that person to apply for a review of the percentage calculated. If it is successfully demonstrated that this is the case, the disablement percentage assessed will be raised and the pension payable will consequently increase.

Where a disablement pensioner is incapable of work as a result of their occupational accident/disease and does not qualify for any other social welfare payment an income support payment, unemployability supplement, is paid as an increase to the disablement pension.

Additionally, where a disablement pensioner is in need of care a constant attendance allowance can be paid weekly as an increase to a disablement pension. This is payable to persons who are so seriously disabled as to need someone to help them daily at home to attend to their personal needs for a period of at least six months. The award of the allowance is based on the recommendation of the Department's medical advisor. To qualify for this payment the person must be in receipt of a disablement pension of 50% or over.

Barr
Roinn