Written Answers Nos. 502-522
502. Deputy Mattie McGrath asked the Minister for Defence the reason for the change in protocols for the 1916 commemoration in Arbour Hill; particularly the decision to discontinue the tradition of providing a guard of honour for the commemoration; and if he will make a statement on the matter. [17335/14]
Amharc ar fhreagraA number of changes were made to the 1916 Arbour Hill commemoration last year following a review of all aspects of the Commemoration in response to a number of issues raised by relatives of those who fought in 1916. The Military ceremonial element was removed from the Church on the basis that it was no longer considered appropriate that Military personnel would be requested to perform such a role in a religious ceremony. All other Military ceremonial functions were carried out to the full outside the Church and at the graveside in Arbour Hill Cemetery.
The changes made to the Ceremony were aimed at making the event more inclusive and I am satisfied that this was achieved.
503. Deputy Niall Collins asked the Minister for Defence if he will provide a detailed breakdown of the total use and total cost per annum of the Government jet in 2011, 2012, 2013 and to date in 2014. [17348/14]
Amharc ar fhreagraDetails of usage by Government of the Ministerial Air Transport Service (MATS) for 2011, 2012, 2013 and up to the end of March 2014 are set out in the tables in the link below.
As stated in my answer to your Parliamentary Question of 25 June 2013, in line with a commitment made in the Programme for Government, information relating to the MATS is now published on my Department’s website and is updated on a monthly basis.
In relation to the costs, my Department follows the normal practice in the aviation business of costing aircraft by reference to the cost per flying hour under each of two headings:
(a) The variable cost, which comprises costs incurred only when the aircraft is flown including maintenance, fuel and support services i.e. it does not include costs associated with having the aircraft; and
(b) The total cost, which comprises the variable cost plus the fixed cost associated with having the aircraft. The latter comprises personnel costs and depreciation.
These average hourly costs, per each aircraft type deployed for MATS missions in the period covered by your question, are set out in the tables in the link below. For clarity, an additional average fixed cost per hour column has been included in the tables below showing the cost associated with having the aircraft. These costs will be the same regardless of how frequently the aircraft is flown.
These average hourly rates were updated and published in 2013 (the previous revisions were in 2009 and 2011) to reflect changes in the elements used to calculate the hourly rates, such as fuel costs, personnel costs, depreciation, support costs and flying hours.
504. Deputy Niall Collins asked the Minister for Defence the total legal costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [17353/14]
Amharc ar fhreagraThe Chief State Solicitor's Office, Attorney General's Office and the State Claims Agency deal with all legal matters on behalf of the Department. The main requirement for legal services in my Department is in the context of litigation, usually in the form of administrative law and personal injury proceedings. The Chief State Solicitor's Office (CSSO) and the State Claims Agency (SCA) manage and provide legal representation in relation to all cases taken against the Minister for Defence. The Chief State Solicitor's Office is responsible for the costs of the State’s legal teams in cases that it manages on behalf of the Department. External legal costs incurred by the State Claims Agency arising from the defence of any claims managed by the Agency for the Department are refunded to the Agency by the Department. In addition, the Department may pay plaintiff's legal costs as part of awards and settlements. The following table lists the total legal costs incurred in 2011, 2012 and 2013 in relation to such services.
|
Year |
CSSO |
SCA |
External firms |
Total legal costs |
|
2011 |
702,466 |
1,438,321 |
21,169 |
2,161,956 |
|
2012 |
321,490 |
828,959 |
49,240 |
1,199,689 |
|
2013 |
423,642 |
964,387 |
53,136 |
1,441,165 |
Many factors determine the amount of legal costs estimated for 2014. Such expenditure is subject to a number of unpredictable variables including the timing of court hearings, the progression of cases and number, value and timing of awards and settlements
While it possibly falls outside of the terms of the question, for completeness, I would like to advise that, in 2011 expenditure of €9,075 was incurred in respect of legal advice provided in 2010 to the Selection Committee established under Section 184K of the Defence Acts 1954-2007 for the purpose of identifying officers of the Permanent Defence Force suitable for appointment as a Military Judge.
505. Deputy Niall Collins asked the Minister for Defence the total external public relations costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [17369/14]
Amharc ar fhreagraMy Department has not incurred any expenditure on external public relations since I took office in March 2011.
506. Deputy Ann Phelan asked the Minister for Defence the status of negotiations with PDFORRA on its claim for a review of the maximum service of privates and corporals who enlisted post 1 January 1994; and if he will make a statement on the matter. [17625/14]
Amharc ar fhreagra507. Deputy Ann Phelan asked the Minister for Defence if allowing fully trained personnel to leave the PDF after only 21 years is inefficient use of resources; and if he will make a statement on the matter. [17626/14]
Amharc ar fhreagra508. Deputy Ann Phelan asked the Minister for Defence if personnel recruited post 1994 face a disadvantage in comparison to those members recruited pre-1994 in terms of the gratuity payment, pension arrangements and promotional opportunities; and if he will make a statement on the matter. [17627/14]
Amharc ar fhreagraI propose to take Questions Nos. 506 to 508, inclusive, together.
The unsatisfactory age and fitness profile of the Permanent Defence Force (PDF) was an issue of serious concern during the 1990s and was the subject of severe criticism by a series of external reports, mainly Price Waterhouse Consultants and the Efficiency Audit Group (EAG). One of the key areas identified for urgent action by the EAG was the development of a manpower policy with an emphasis on lowering the age profile of PDF personnel. The EAG's report was accepted by Government in 1995.
In an effort to alleviate the situation, the Government had already decided in 1993 to enlist personnel on a five year contract basis, following consultation with Permanent Defence Force Other Ranks Representative Association (PDFORRA). In 1997 agreement was reached with PDFORRA on a new manpower policy for the Defence Forces. This policy, applying to personnel enlisted after 1 January 1994, provided that service for Private Soldiers would initially be for five years with the option to be extended to a maximum of twelve years, subject to meeting standards of medical and physical fitness and conduct. Longer periods of service were envisaged for Non Commissioned Officers.
In 2004 PDFORRA submitted a claim under the Conciliation and Arbitration Scheme for a further review of the terms of service applying to personnel enlisting in the PDF after 1 January, 1994. A set of criteria was agreed with PDFORRA to provide longer careers for those who enlisted post 1 January 1994 while continuing to address the Government's objective of having an appropriate age profile to meet the challenges of a modern Defence Forces.
The criteria require that any person re-engaging after 12 years service must be able to continue to operate at their current level both at home and overseas on an ongoing basis. Re-engagement is subject to the individual soldier meeting specified criteria in regard to physical fitness, medical category, successful completion of military courses of instruction, service overseas and conduct ratings.
The maximum service period for these personnel is as follows:-
- Enlisted Personnel, up to and including the rank of Corporal (and equivalent Naval Service rank), may not serve beyond 21 years service.
- Enlisted Personnel, in the rank of Sergeant (and equivalent Naval Service rank), may be permitted to continue in service up to the age of fifty years.
- Enlisted Personnel in all higher ranks may serve to the age of fifty-six.
With the approach of 2015 the first effects of the agreement, whereby Privates and Corporals may not serve beyond 21 years, will be felt by PDF members in those ranks. A claim has been received from PDFORRA for a further review in relation to this matter. In accordance with normal procedures the Association's claim is being dealt with under the Conciliation and Arbitration Scheme for members of the PDF. As discussions under the Scheme are confidential to the parties involved it would not be appropriate for me to comment on the matter at this time, other than to emphasise that in dealing with this issue the manpower and operational needs of the Defence Forces must be the primary consideration. It is intended to finalise negotiations with the Representative Association within the next few weeks.
Depending on an Enlisted Personnel's date of entry there are variations regarding periods of service, retirement ages and benefits, details of which are set out below.
- A person who enlisted in the PDF, as a General Service Recruit, before 1 January 1994 may be permitted to continue in service up to the age of sixty years.
- A person who enlisted in the PDF on or after 1 January 1994 may be permitted to continue in service up to the age of fifty years in the rank of Sergeant and up to the age of fifty-six in all higher ranks.
- Enlisted personnel, in the rank of Corporal or Private, who enlisted after 1 January 1994, may not serve beyond twenty-one years service.
Enlisted personnel who joined the PDF before April 2004 – including the current cohort recruited since January 1994 – have pension scheme terms that are regarded as among the most advantageous available in the Public Service generally. They are subject to the same pension scheme terms as their pre-January 1994 enlisted counterparts. However, as outlined above, they have different upper service limits depending on rank at discharge date. Their pension and gratuity are payable immediately on discharge after relatively short periods of service, and regardless of age. Their minimum qualifying service is 21 years for immediate pension and gratuity. Maximum retirement benefits under these legacy pre-April 2004 pension schemes are payable after 31 years’ qualifying service.
For those who joined the PDF on or after 1 April 2004 and before 1 January 2013, their pension arrangements are more in line with other Public Service pension schemes, e.g. benefits are based on total pensionable service and pensionable pay at retirement date. They have a 'minimum pension age' of 50, which means that pension and gratuity is not normally payable immediately on discharge unless the person serves to age 50. Where leaving before age 50, benefits are not payable immediately but are 'preserved' and payable from age 60.
For those joining the PDF from 1 January 2013 onwards, the new Public Service Single Pension Scheme applies. Retirement benefits under this Single Scheme are based on 'career average earnings' rather than on 'final salary'. For PDF personnel, their minimum pension age is 50 as already applies to those who joined since 1 April 2004. Where leaving the PDF before age 50, retirement benefits under the Single Scheme will be preserved and generally payable in line with, and linked to, future Social Welfare State Pension age (66 rising to age 68). Where compulsory retirement/discharge from the PDF (other than on medical grounds) is before the minimum pension age of 50 on Human Resource policy grounds, preserved benefits will, exceptionally, be payable from age 60.
The position in relation to promotional opportunities for enlisted personnel is that they are promoted to fill rank vacancies in the establishment as provided for in the Defence Force Regulation (CS4) which outlines the numerical establishments and ranks of the Army, Naval Service and Air Corps. In the five years 2009 to 2013 inclusive, a total of 1,239 enlisted personnel were promoted to higher Non Commissioned rank.
509. Deputy Maureen O'Sullivan asked the Minister for Defence if he has responded to the issues raised in a recent correspondence, details supplied, in relation to the 1916 commemoration in Arbour Hill; if he will outline changes made by his Department in relation to the way the commemoration is carried out since he took office; and if he will make a statement on the matter. [17680/14]
Amharc ar fhreagraThe correspondence that the Deputy has referred to raises a wide range of issues in relation to the annual 1916 Commemoration in Arbour Hill. A detailed response has issued to the correspondent. A number of changes were made last year following a review of all aspects of the Commemoration and in response to some issues raised by relatives of those who fought in 1916.
Due to the increase in the number of requests to attend the Commemoration and the difficulties in accommodating all those who wish to attend in reserved seating, a review of the list of invitees was carried out. This process enabled my Department to update its records as appropriate and use this information to prioritise reserved seating for those who are a direct descendant of the leaders of the 1916 Rising and who are interred in Arbour Hill.
The arrangements for the procession that departs the Church for the graveside is a matter of protocol whereby the President, the Taoiseach, members of Government and the Council of State are invited to leave the Church first followed by the relatives who are direct descendants of the leaders. Additional stewarding was provided in the Church to manage this. In addition, a reserved area was provided for the relatives at the graveside. These measures were put in place to ensure that the relatives are looked after in a sensitive manner both in the Church and at the graveside.
The Military ceremonial element was removed from the Church on the basis that it is no longer considered appropriate that Military personnel would be requested to perform such a role in a religious ceremony. All other Military ceremonial functions were carried out to the full outside the Church and at the graveside in Arbour Hill Cemetery.
I would like to assure the Deputy that I am conscious of the importance of this annual Ceremony and to stress that the changes introduced were aimed at making the event more inclusive, and I am satisfied that this was achieved.
510. Deputy Eric Byrne asked the Minister for Defence the process whereby the Government issues a policy statement to the effect that all chaplains, that is, those of faith groups as well as those of secular beliefs, are equally accommodated in all respects in Government Departments where chaplains operate; and if he will make a statement on the matter. [17867/14]
Amharc ar fhreagraWhile the Defence Forces Chaplaincy Service caters for military personnel and their families who are predominantly Roman Catholic, there is one part-time Church of Ireland chaplain. Provision is also made to provide for the spiritual needs of all other faiths. The Chaplaincy Service respects the traditions and practice of those of other faiths and those of secular beliefs and ensures that the integrity of all these groups within the Defence Forces is respected.
Representatives of other faith groups and those of secular beliefs are encouraged to visit barracks and to partake in services.
511. Deputy Frank Feighan asked the Minister for Agriculture, Food and the Marine the position in relation to a farmer who owns their own farm and is currently in receipt of the single farm payment and who now proposes to lease their spouse's farm before 14 May 2014 and take over the single farm payment, as their spouse has not been an active farmer in 2013 and is, therefore, not entitled to draw the single farm payment in their own right; and the status of these entitlements for the full-time farmer in 2015 in order to avoid any overall loss to both themselves and their spouse. [17264/14]
Amharc ar fhreagraAs the wife of the person named did not receive a direct payment in 2013 she does not have an automatic allocation right and will not be allocated entitlements in 2015 under the Basic Payment Scheme.
When calculating the value of new Basic Payment Scheme entitlements in 2015, the value of Single Payment entitlements leased out in 2014 is attributed to the owner of the entitlements. However as the wife of the person named does not have an allocation right, she is not in a position to carry forward the value of entitlements she owns to the new scheme in 2015. There is a danger that the value of these entitlements will be lost unless they are transferred permanently to a person who holds an allocation right.
If the Single Payment entitlements are permanently transferred to the person named by the 15th May 2014, he will carry their value forward to the 2015 new scheme. However he will not be allocated new Basic Payment Scheme entitlements on his wife's additional land in 2015 as he will be limited to the lower amount of land declared in 2013 or 2015.
512. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the grants available to farmers to assist with the construction of underpasses of public roads; and if he will make a statement on the matter. [17268/14]
Amharc ar fhreagraThere are no grants available from my Department at present for the construction of underpasses of public roads.
513. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén uair a dhéanfar íocaíocht faoi REPS4 le feirmeoir i gContae na Gaillimhe (sonraí leis seo); cén fáth a bhfuil moill ar an íocaíocht seo; agus an ndéanfaidh sé ráiteas ina thaobh. [17276/14]
Amharc ar fhreagraChuaigh an duine ainmnithe isteach sa Scéim REPS 4 in Aibreán 2008 agus fuair íocaíochtaí don chéad chúig bliana den chonradh.
Is beart faoin gClár um Fhorbairt Tuaithe 2007-13 é REPS 4 agus tagann faoi réir Rialacháin AE. Faoi na Rialacháin sin éilítear seiceálacha riaracháin mhionsonraithe a thabhairt i gcrích ar gach iarratas sula ndéantar aon íocaíocht. Tá na seiceálacha sin tugtha chun críche maidir le híocaíochtaí 2013 agus údaraíodh 75% d’íocaíocht Bhliain 6 an 14 Aibreán 2014. Íocfar an 25% atá fanta go gairid ina dhiaidh sin.
514. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the total legal costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [17349/14]
Amharc ar fhreagraMy Department's legal expenditure for the relevant years, covering both costs and compensation, is as follows:
2011 - €815,247
2012 - €1,220,452
2013 - €685,141
Provision has been made in the Vote of my Department for legal expenses in the sum of €3,165,120 for 2014, from which any matured expenses will be discharged.
515. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the total external public relations costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [17365/14]
Amharc ar fhreagraMy Department does not employ external public relations communications consultants or organisations. Public relations advice is provided by my Department’s Press Office.
516. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a single payment scheme review which has been ongoing for many months will be concluded in respect of a person, details supplied, in County Galway; and if he will make a statement on the matter. [17389/14]
Amharc ar fhreagraIn order to comply with EU requirements the application of the person named was selected for a Ground Eligibility inspection in 2013. During the course of the inspection discrepancies between the area declared and the area found were identified, resulting in penalties being applied to the 2013 Scheme payments. The person applied for a review of this decision. This review is at an advanced stage and the person named will be notified of the outcome shortly. In the event that the person named is dissatisfied with the outcome of the review the decision can be appealed to the independent Agriculture Appeals Office within 3 months.
517. Deputy Luke 'Ming' Flanagan asked the Minister for Agriculture, Food and the Marine if he will make public the scheme of trust for the Laurencetown cow park and sports field trust; and if he will make a statement on the matter. [17398/14]
Amharc ar fhreagraA copy of the Scheme of User under which this trust operates can be obtained from the Lands Branch of my Department located in Government Buildings, Farnham Street, Cavan. This is now a sports field trust only as the cow park element of the trust was revoked by me by Warrant of Revocation dated 26th April, 2013. In accordance with statutory requirements notice of the revocation was published in Iris Oifigiúil on 3 May, 2013 and in the Connacht Champion on 10 May 2013 .
Arrangements have been made for the disposal of the cow park in accordance with section 8 of the Irish Land Commission (Dissolution) Act 1992. An advertisement of the disposal has recently been placed in Irish Oifigiúil and in the Connacht Champion. In accordance with the same section, smallholders within a five mile radius of the property are entitled to apply for consideration to acquire the land.
518. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the position regarding an appeal under the disadvantaged areas scheme in respect of a person, details supplied, in County Donegal; and if he will make a statement on the matter. [17400/14]
Amharc ar fhreagraUnder 2013 Disadvantaged Areas Scheme, eligible applicants' holdings were required to have satisfied minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months, in addition to maintaining an annual average of 0.15 livestock units calculated over the twelve months of the scheme year. As the holding of the person named did not satisfy these minimum requirements, no payment is due to the person named under the 2013 Scheme. The person named was advised accordingly by letter of 19 March 2014 and advised of the option to pursue the matter with the Agricultural Appeals Office, should he so wish.
519. Deputy Derek Nolan asked the Minister for Agriculture, Food and the Marine if he will allow a review of a decision to cut a single farm payment in respect of a person, details supplied, in County Galway; and if he will make a statement on the matter. [17442/14]
Amharc ar fhreagraIn order to meet the EU requirements under the Single Payment Scheme (SPS), the application of the person named concerned was one of a number which was selected for an eligibility inspection in respect of the 2013 Scheme. The application was initially examined via remote sensing (Satellite Inspection). As over-claims on the areas declared by the applicant were determined on some parcels, the file was issued for verification on the ground.
The ground inspection process confirmed that the level of over-claim in this case was greater than 20%. In such cases, no payment is due to the applicants in the year of the inspection under the provisions of the governing EU Regulations. The applicant was notified of this decision on 29th November 2013 and was also informed of his right to seek a review. The application for a review was submitted and is currently being examined by my Department. The applicant will be written to immediately this examination is concluded. In the event that the person named is dissatisfied with the outcome of the review the decision can be appealed to the independent Agriculture Appeals Office, within 3 months.
520. Deputy Derek Nolan asked the Minister for Agriculture, Food and the Marine if he has made any advances regarding farm safety in relation to the agitation process for slurry in view of the number of tragic deaths associated with same; and if he will make a statement on the matter. [17450/14]
Amharc ar fhreagraMy Department is very strongly committed to promoting Farm Safety in collaboration with the Health and Safety Authority (HSA), the organisation with primary responsibility for securing health and safety at work. The Department has taken a number of steps over recent year in tandem with some of the other State and industry organisations to both raise awareness of the problem and educate farmers and their families on the dangers of working in this industry.
One such measure taken by my Department was the inclusion of a Farm Safety message with the Single Payment application packs over the last three years, which were distributed each year to over 130,000 farmers. This was a joint initiative between my Department, the Health and Safety Authority and the Farm Safety Partnership Committee and led to each of those farmers receiving an individual reminder of the importance of farming safely, and the potentially fatal consequences of not doing so. In 2013 that Farm Safety message was entirely focused on safe slurry handling with the message that "ONE LUNGFUL OF SLURRY GAS CAN KILL" and also included the list of Safe Agitation Guidelines provided by my Department.
In November 2012, I launched the pilot Farm Safety Mentor Programme, an initiative by Irish Rural Link with the support of the HSA to enable farmers to become farm safety ambassadors in their own community. This morning, I launched the DVDs produced as part of the Programme they will now be used by the Farm Safety Mentors and others to help raise awareness of the dangers of slurry gas.
The HSA also produced an excellent DVD in recent times containing testimonials from individual farmers who provide an emotional telling of their experiences on farm which led to either fatalities or serious injury. This DVD has been widely circulated and is included in all training courses undertaken by my Department. Teagasc and the HSA distributed a leaflet entitled "Safe Slurry handling" at the ploughing championships in September which details the Safe Operating Procedures for the agitation of slurry and details the dangers of slurry gas.
My Department's specification for bovine livestock units and reinforced tanks (S.123) gives detailed advice in relation to the safe agitation of slurry, and safe design of tanks.
There is no single action or organisation that can solve this difficult problem of farm safety that impacts, so horrendously, on so many lives. Since taking office, I have continuously strived to increase awareness of safety issues among farmers which I believe is the key to changing the way we all think about farm safety on Irish farms. We must all work together with the single goal of preventing farm accidents and therefore saving lives and minimising serious injuries.
521. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he will address the problem of delays for shellfish licences; if his attention has been drawn to the long waiting times involved; if his attention has been drawn to the fact that jobs and economic activity are being put on hold; and if he will make a statement on the matter. [17695/14]
Amharc ar fhreagraThe delay in processing shellfish applications has arisen primarily due to the location of aquaculture operations in Natura 2000 areas (i.e. areas protected under EU Birds / Habitats Directives).
The European Court of Justice declared in case C418/04 that, by failing to take all the measures necessary to comply with Article 6(3) of Directive 92/43 (Habitats Directive) in respect of authorisation of aquaculture programmes, Ireland had failed to fulfil its obligations under that Directive.
In the negotiations to address the judgment a process was agreed with the European Commission which would lead to full compliance by Ireland with the relevant EU Directives. This process includes the following steps:
- a detailed data collection in 91 Bays/Estuaries
- detailed analysis of raw data collected
- setting of Conservation Objectives by the National Parks and Wildlife Service (NPWS) in respect of each site
- carrying out Appropriate Assessments of each licence application/fishery plan against the detailed Conservation Objectives set, and
- determination of Licences/Fisheries on the basis of the Appropriate Assessment and other relevant factors.
The carrying out of detailed surveys of marine habitats and species has been completed. Appropriate Assessments have been completed in respect of Castlemaine Harbour, Dundalk Bay, Roaringwater Bay, Lough Swilly, Donegal Bay, and Dungarvan Harbour and Appropriate Assessments are ongoing in other 'Natura' areas.
This process has begun to achieve meaningful results. In 2013, I made a total of 137 licence determinations, of which approximately 120 were in respect of sites in 'Natura' areas (i.e. Roaringwater Bay and Castlemaine). I expect to be in a position to make in excess of 200 determinations in 2014.
The Appropriate Assessment process represents a significant financial, administrative and scientific investment by the State. The issue of resources is kept under continuous review having regard to the importance my Department attaches to this issue.
522. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will request the Irish Coursing Club to extend drug testing of greyhounds to all hare coursing events; and in the event that it refuses to do so, if his Department will initiate its own drug testing at all of these events in view of the fact that six greyhounds tested positive for banned substances at the national coursing meeting in Clonmel in February. [17726/14]
Amharc ar fhreagraThe Irish Coursing Club (ICC) is subject to the general control and direction of Bord na gCon, which is the statutory body with responsibility for the improvement and development of the greyhound industry, greyhound racing and coursing.
I have been informed that the ICC introduced new arrangements for the testing for prohibited substances for the 2012/3 coursing season. There were no positive results in the 2012/3 season. 6 positive results were reported in the 2013/4 season which are now being processed by the ICC in accordance with the rules governing such matters. I understand that the Executive Committee of the ICC plan to undertake a review of its arrangements for testing for prohibited substances in the near future and the Committee will decide on any changes that need to be made to the testing regime after considering the findings of the review.
