Written Answers - Parliamentary Debates

Questions— 3 May 2011. Written Answers
Written Answers
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The following are questions tabled by Members for written response and the
ministerial replies as received on the day from the Departments [unrevised].
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Questions Nos. 1 to 6, inclusive, answered orally.
Questions Nos. 7 to 29, inclusive, postponed.
Questions Nos. 30 to 36, inclusive, answered orally.
Proposed Legislation
37. Deputy Pádraig Mac Lochlainn asked the Minister for Finance when the legislation for
the jobs initiative will be presented to Dáil Éireann; if the jobs initiative will be presented to
Dáil Éireann before or after the Economic and Financial Affairs Council meeting on the 15
and 16 May 2011; and if he will make a statement on the matter. [9642/11]
40. Deputy Gerry Adams asked the Minister for Finance the way he will stimulate the economy
when the jobs initiative will be fiscally neutral; if he has conducted an analysis of the
effects of the measures to be introduced as part of the jobs initiative; if he has conducted an
analysis of the effects of the counter-balancing measures to be introduced to compensate for
the measures under the jobs initiative; and if he will make a statement on the matter. [9643/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 37 and
40 together.
The Government is strongly committed to implementing a jobs and growth strategy. We
intend announcing a Jobs Initiative as committed to in the Programme for Government on the
10th of May. I would anticipate that any necessary legislation to give effect to the measures
outlined in the Jobs Initiative, will be published shortly thereafter.
The Programme for Government sets out in broad terms the measures that will be
implemented as part of this Initiative. The measures are designed to lift public morale and
confidence in the economy, to provide jobs, to provide suitable job placement for unemployed
persons and to encourage spending by consumers.
In terms of the specific detail, officials from my own and Minister Howlin’s Department are
working closely with other Departments in preparing the proposals and assessing the quantitative
and qualitative impacts. As has been previously signalled any costs arising in connection
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[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
with the Jobs Initiative will have to be counter-balanced by the implementation of offsetting
measures. This will ensure that we will continue to underpin our fiscal sustainability while also
bringing forward policies to assist economic growth.
Officials are continuing to assess the compensatory measures to be introduced to fund the
Jobs Initiative. In order to ensure the Jobs Initiative is successful, we want to ensure the
measures, while fiscally neutral overall, have the least negative economic impact possible. All
of the measures we will introduce will be costed as accurately as possible to ensure that the
requirement for budgetary neutrality is respected and that is why we are closely examining a
range of options.
In terms of the effect of the measures being introduced as part of the Initiative, getting
people back to work is the number one priority of this Government.
Fiscal Policy
38. Deputy Charlie McConalogue asked the Minister for Finance his views on the comments
of a person (details supplied) of the European Central Bank expressed in an article that
Ireland’s taxpayers must share the pain. [9703/11]
Minister for Finance (Deputy Michael Noonan): While the opinion piece in question was
headed “Ireland’s taxpayers must share the pain” the bulk of the article dealt with the author’s
views on a number of issues in the area of banking supervision and crisis resolution. The piece
is one of a number of recent public statements by the individual concerned in connection with
Ireland. There was for instance a lengthy interview with The Irish Times in January last when
he set out his perspective on, amongst other things, the events that led to Ireland availing of
the EU-IMF Support Programme. The author laid the blame for our current difficulties on the
policies pursued by the previous Government and the failures in regulation of the financial
sector it had presided over. The current Government is determined that Ireland will rectify the
public finances in a way that is fair to taxpayers and citizens and that will enable Ireland to
continue to meet its obligations. I do not support the author’s inference that Irish taxpayers
somehow deserve the austerity that is now necessary to put the country’s finances on a proper
footing. We are acutely conscious of the serious impact on our citizens of the unprecedented
measures we have to undertake which are designed to restore our country’s economy and
reputation as quickly as possible.
On banking matters in particular, the Government is taking decisive steps to address the
difficulties in the Irish banking sector. In my Statement of 31 March last, I announced the
significant reorganisation of the domestic banking sector with the creation of two pillar banks.
This will be accompanied by the significant recapitalisation of the remaining institutions well
in excess of currently accepted international norms in order to provide complete confidence in
relation to the stability of the remaining domestic institutions.
Deputies will be aware that the ECB has welcomed the recent stress tests assessing the
capital needs of Irish banks and indicated its support for the Government’s commitment to
ensure that the capital needs of the institutions are met in a timely manner.
Finally the article also suggests that the integration of independent prudential supervision at
European or at least at Eurozone level may well be necessary development to address the
issues that given rise to the current difficulties in the financial sector. While there is no doubt
that there has been a lot of convergence between Member States in the area of financial
supervision, there is no appetite across Member States as a whole at this stage for a single EU
Regulator. It is worth bearing in mind that the de Larosière Report specifically stopped short
of such a recommendation and the Commission’s proposals did not include any such provision.
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Questions— 3 May 2011. Written Answers
The most important issue at this stage is to ensure that a system is established to provide
greater oversight of the financial system. The European Systemic Risk Board and the European
Supervisory Authorities will achieve this.
State Assets
39. Deputy Michael McGrath asked the Minister for Finance his plans for the sale of State
assets; and if he will make a statement on the matter. [6730/11]
Minister for Finance (Deputy Michael Noonan): The Review Group on State Assets and
Liabilities published its report on 20 April 2011. The Government will now study the findings
of the report and its extensive recommendations in detail.
Questions No. 40 answered with Question No. 37.
Insurance Industry
41. Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the extent of his or any
other Department or agency’s consideration of the Quinn Group proposals, recently presented,
for the future of Quinn Insurance Ltd in administration; if any consideration was given to the
likely negative impact on trading of the Quinn Group manufacturing concerns following on
from the removal of the Quinn family members and the Senior managers from their employment;
and if he will make a statement on the matter. [9661/11]
Minister for Finance (Deputy Michael Noonan): The Joint Administrators announced last
week the acquisition by Liberty Mutual Direct Insurance Company Ltd (LMDI), a joint venture
between Liberty Mutual (LM) and Anglo Irish Bank, of certain assets and liabilities of Quinn
Insurance Limited (in administration) (QIL). They see this as the best option for the policy
holders of QIL. A twelve to fourteen week transition process will now commence, during which
time LMDI will obtain all the necessary regulatory consents from parties, including the Central
Bank. At the outset, it should be noted that, under the sales process of QIL, neither I as
Minister for Finance, nor the Government, had any role in assessing the Quinn Group proposals
recently presented for the future of Quinn Insurance Ltd (QIL) in administration, as
this was a matter solely for the Joint Administrators, who were appointed by the High Court.
Deputies will be aware that this sales process was conducted by MacQuarie Group on behalf
of the administrators.
The Joint Administrators have indicated to my Department that the Quinn proposal was
only received recently, several months after the closing date for submission of interest. They
say that the proposal was highly conditional in nature as it depended on amongst other things
on the State intervening to facilitate the transfer of €2.8bn of debt from Anglo to one of the
viable banks and to require that bank to provide a further €500m loan to the Quinn Group, as
well as agreement with the bondholders. As such they saw no likelihood for such a proposal
being facilitated in the current economic climate, as the taking on of such loans by other banks
was likely to compound their already difficult position and in addition would also be likely to
contravene European State Aid rules. They were also of the view that reaching agreement with
the bondholders in relation to the releasing of the guarantees over QIL assets was going to be
extremely difficult if not close to impossible.
The decision in relation to the appointment of the Share Receiver by Anglo is very much a
commercial one and I in my role as Minister for Finance had no input into this matter. While
I understand the concern being raised on whether this decision will have a negative impact on
the trading of the Quinn manufacturing group following the removal of the Quinn family
members and the senior managers from their employment, I am informed that other scenarios
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[Deputy Michael Noonan.]
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might well have prompted court action to put the Group into receivership with the potential
for immediate significant job losses. By comparison the appointment of a Share Receiver gives
the Group grounds for considerable hope of a viable future. This viable future however
depends to a large degree on the willingness by everybody, particularly those engaged in several
recent negative events, to engage wholeheartedly with the new ownership arrangements,
because if this does not materialise then over time this is likely to negatively impact on the
trading performance of the Group.
Overall, I share the view that the recent steps taken to sell the QIL business to LMDI and
to appoint a share receiver to the wider group as being positive and will do a lot to protect
jobs in the border region — the protection of which is important for the state and for the local
economies in these communities. The proposal put forward by the Quinn Group was not in
the economic or financial interests of the state.
National Asset Management Agency
42. Deputy Billy Kelleher asked the Minister for Finance his views following comments by
the Chief Executive of the National Asset Management Agency to a newspaper (details
supplied) of his plans to push through the sale of at least €2.5bn of UK commercial property
in the next three years; and if he will make a statement on the matter. [9701/11]
Minister for Finance (Deputy Michael Noonan): NAMA has a commercial remit and it is a
matter for its Board, as informed by property market expertise, to determine the scale and
timing of proposed assets sales and its strategies in the various markets in which it operates.
The actual level of sales achieved over the coming years will depend on market conditions as
they evolve. To the extent that NAMA can realise cash from the sale of UK assets, it will be
in a position to make corresponding reductions to its debt. The Board has a stated target of
achieving 25% of debt reduction by 2013 and this includes assets across its entire portfolio.
EM-IMF Fund
43. Deputy Seán Crowe asked the Minister for Finance the additional public expenditure
commitments or amendments to the November 2010 EU-IMF Programme of Financial Support
for Ireland Memorandum of Understanding that he has agreed with the Troika; and if he will
make a statement on the matter. [9664/11]
Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, the Government
has successfully concluded the first and second quarterly programme review mission with
the Troika, that is, the EU Commission, the ECB and the IMF, which took place between the
5th and 15th April 2011. The purpose of the quarterly review mission was to evaluate performance
against targets to date on all the elements of the programme of financial support for
Ireland including fiscal developments, the macroeconomic outlook, progress on commitments
in the restructuring of the financial sector and structural reform.
The Government is pleased that the Troika mission assessed the Irish Programme to be on
track and in their view the targets in the Programme have been met.
During this programme review, a number of Government members along with senior
officials, met with representatives from the Troika and assured them of this Government’s
commitment to the fiscal targets set out in the EU/IMF Programme.
In the negotiations with the Troika, the Government set out measures that we would be
seeking to include in the revised Programme. During the negotiations, it became clear that
there was sufficient flexibility within the Programme to allow us to include these important
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Questions— 3 May 2011. Written Answers
policy measures, while respecting the overall fiscal parameters and goals of the programme.
The revised Memorandum of Understanding will now include, amongst others, measures dealing
with the Jobs Initiative, the minimum wage and the Comprehensive Review of Expenditure.
No fiscal consolidation targets were changed including the elements related to public expenditure.
During the programme review, the Troika were informed of the Comprehensive Review
of Expenditure which will be completed in September 2011. Based on the outcome of the
Review and in consultation with the Troika, the Government will introduce budgetary changes
which will aim to fully realise efficiencies identified, while securing the overall budgetary consolidation
for 2012 to which Ireland is committed.
This Government is committed to promoting growth and creating jobs which is central to
any recovery strategy. The Troika has agreed to the Government’s plan to implement a Jobs
Initiative. The initiative will promote confidence to provide opportunities for people to go to
work and for employers to be able to get credit and invest in their business and to stimulate
the Irish national economy. The Jobs Initiative may result in compositional changes between
expenditure and tax which will be done on a fiscally neutral basis. The details of the Jobs
Initiative will be announced in the Dáil on 10th May 2011.
The Review will be formally completed with the consideration by Eurogroup, ECOFIN and
the IMF Executive Board of the reports by their various staffs on progress to date — and the
proposed amendments. The final documents will be made publicly available when final
approval occurs on 15th and 16th May.
As agreed, the Government will continue to consult with the IMF, the European Commission
and the ECB on any changes to the policy measures outlined in the agreed support programme.
Fiscal Policy
44. Deputy Pádraig Mac Lochlainn asked the Minister for Finance the plans he has submitted
as part of the Stability Programme to the European Commission; if he will publish these plans
and present them before Dáil Éireann; and if he will make a statement on the matter. [9641/11]
Minister for Finance (Deputy Michael Noonan): The Stability Programme Update was laid
before the House on Friday last and subsequently submitted to the European Commission.
This document is also available on the Department of Finance website. The Stability Programme
takes account of Budget 2011, the Programme for Government and the Joint EU/IMF
Programme. It includes an update of the economic and fiscal outlook for this year and next,
along with medium-term macroeconomic and budgetary projections. In summary terms, GDP
is projected to increase by 0.8% this year, accelerating to 2.5% next year. A General Government
Deficit of 10% of GDP is forecast for this year; on the basis of consolidation measures
amounting to €3.6bn and the current macroeconomic outlook, the deficit is projected to decline
to 8.6% next year. As with all forecasts, this matter will continue to be kept under revision up
to when I present my Budget in December.
Banking Sector Regulation
45. Deputy Jonathan O’Brien asked the Minister for Finance if there will be a review into
the fitness and probity of public interest directors of banks which have received State assistance;
if the review will proceed or impinge upon the announcement by him to remove all directors in
banks who were in place before 2008; and if he will make a statement on the matter. [9646/11]
51. Deputy Pearse Doherty asked the Minister for Finance the position regarding the review
being taken by the Central Bank into the fitness and probity of all existing executive and nonexecutive
directors of banks which have received State assistance; if the review will precede or
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[Deputy Pearse Doherty.]
Questions— 3 May 2011. Written Answers
impinge upon the announcement by him to remove all directors in banks who were in place
before 2008; and if he will make a statement on the matter. [9647/11]
53. Deputy Jonathan O’Brien asked the Minister for Finance when he will restructure and
replace the board of directors of the six guaranteed Irish banks, as per his announcement after
the publication of the Nyberg Report; and if he will make a statement on the matter. [9645/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 45, 51 and
53 together.
The Deputies will be aware that on 22 March 2011, the Central Bank of Ireland published a
consultation paper proposing the implementation of new statutory fitness and probity powers
for the financial services industry. In this regard, the Central Bank is seeking views on proposed
new statutory grounds which are identified in the Central Bank Reform Act 2010 and will set
the requirements for entry into and removal from a senior position within regulated firms. This
Act provides additional criteria on when the Central Bank can use its powers to refuse an
application to appoint an individual to a senior position or remove someone, views are being
sought on what senior positions should be subject to the new regime. The Central Bank expects
the new regulations and statutory standards implementing the regime will come into effect
from September 2011. The Central Bank has requested interested parties to submit their proposals
by 20 May 2011.
In addition, the Head of Financial Regulation, Mr. Matthew Elderfield, announced that the
Central Bank is planning to review the fitness and probity of all existing executive and nonexecutive
directors of banks which have received State support. The Central Bank will assess
any incumbent directors who plan to be in post after 1 January 2012 against the new standards,
including competence and track record in the period leading up to the financial crisis.
The Deputy will be aware that in my statement on the Nyberg Report in this House on 20
April 2011, I set out a number of measures designed to strengthen Bank boards and bank
management. These measures provide that the Chairman of each institution provides me and
the NTMA with a Board Renewal Plan, each institution will also be asked to provide a Management
Renewal Plan. The Board Renewal Plan will set out for each institution the steps to
ensure that the skills and competence levels of board members are fully adequate to meet the
demands of the current and future banking system. In this regard, a programme of rotation of
board members, commencing with board members appointed before September 2008 will be
expected as part of the plan. This will ensure a smooth process which will ensure the succession
of incumbent board members who were in place before September 2008. I expect this succession
to be completed by 2012.
In addition, my Department recently placed advertisements in the national papers seeking
expressions of interest from suitably qualified persons for inclusion among those to be
appointed or nominated to Boards of Directors of Banks. This gives all persons who are
interested in and qualified to act as Directors the opportunity to advise the Minister of their
interest. The advertising for expressions of interest should ensure a high calibre field from
which Directors may be chosen and makes the process more open and transparent. It is part
of the commitments given in the Programme for Government to re-structure bank boards and
replace directors who presided over failed lending practices. Closing date for receipt of
expressions of interest is Thursday 12 May. These measures will compliment the Central Bank’s
review of the fitness and probity of the public interest directors in the banks and ensure that
people operating at senior levels in financial institutions are fit and proper to undertake their
roles.
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Questions— 3 May 2011. Written Answers
Fiscal Policy
46. Deputy Aengus Ó Snodaigh asked the Minister for Finance when it is envisioned that he
will go back to the bond markets; the rate at which this would be unsustainable; and if he will
make a statement on the matter. [9649/11]
Minister for Finance (Deputy Michael Noonan): As the Deputy is aware, the majority of the
State’s financing needs over the period 2011 to 2013 will be met through the funding provided
under the EU/IMF programme of assistance. However, the National Treasury Management
Agency (NTMA) is planning to return to the markets before the end of the term of the programme
once conditions have become more receptive. The NTMA is in constant contact with
market participants and will advise me when it feels that the time is right to re-enter the
markets. While the interest rates at which we can borrow will obviously be a key determinant
in this decision, they will not be the only factor. In any event, it would not be wise to speculate
about what these rates may be as this would harm the State’s ability to access funds at the most
competitive rate possible.
The best means to ensure that we can re-enter financial markets at favourable rates is by
convincing investors of our determination to restore stability to our public finances and
implement policies that will see us return to sustainable economic growth. In this regard, the
Government is committed to implementing the measures necessary to bring our deficit below
3 per cent of GDP by 2015. The upcoming Jobs Initiative will underline our commitment to a
policy of consolidating the fiscal position while also providing support to the labour market,
thereby assisting both household and business confidence which will in turn help support economic
recovery.
National Asset Management Agency
47. Deputy Charlie McConalogue asked the Minister for Finance if he will provide details
of moneys lent by the National Asset Management Agency to complete projects here and in
the UK; and the profit made from the sale of these projects. [9702/11]
Minister for Finance (Deputy Michael Noonan): All approvals of working and development
capital are subject to a credit decision-making process which has been approved by the Board
of NAMA. I am advised by NAMA that, up to the end of March 2011, NAMA had approved
advances of €771m of working and development capital. Of this, it is estimated that €280m
relates to projects which are based in the UK. Only a small number of the projects involved
have yet been completed and offered for sale and it is not yet possible to estimate any profits
that may arise from their future sale.
State Banking Sector
48. Deputy Sandra McLellan asked the Minister for Finance when will the European Commission
have finalised its examination of the restructuring plan for Anglo Irish Bank; the details
for the restructuring plan for Anglo Irish Bank; when the details for the orderly work out of
Anglo Irish Bank will be made public; the timeframe envisioned for the work out of Anglo
Irish Bank; and if he will make a statement on the matter. [9658/11]
Minister for Finance (Deputy Michael Noonan): As the Deputy may be aware, a joint restructuring
and work out plan for Anglo Irish Bank and Irish Nationwide Building Society was
submitted to the European Commission on 31 January for approval under State Aid rules; this
was in line with the timelines agreed under the terms of the EU/IMF Programme. In accordance
with Government policy, the plan provides for the work out of the assets over a period of time
that remain in these institutions after transfers to NAMA in a manner that seeks to protect
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[Deputy Michael Noonan.]
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the financial system as a whole and also to minimise the capital losses associated with this work
out. The sale of deposits and corresponding assets, which has now taken place, is included as
a first step in the plan. The plan also provides for the merger of Anglo and INBS.
It is the Government’s intention that while the plan envisages a wind down of the combined
entity over 10 years that if possible this will be achieved earlier than that but this depends on
a number of variables including market appetite for the assets.
The exact timeframe for a decision on this plan is a matter for the European Commission in
the first instance. However, I announced in my Statement on 31 March that an assessment of
the capital requirements of both institutions will be available in May and it is likely the European
Commission will await the outcome of this before making a final decision. The national
authorities continue to engage closely with the European Commission and the other bodies on
this plan and it is expected that the restructuring plan process will be finalised with the European
Commission in the coming weeks.
Economic Regulators
49. Deputy Dara Calleary asked the Minister for Finance if he plans to bring all regulatory
bodies covering State agencies under the direction of one Department; and if he will make a
statement on the matter. [9695/11]
Minister for Finance (Deputy Michael Noonan): The Programme for Government gives a
commitment to rationalise regulators to strengthen consumer regulation and protect the consumer
interest. The recently published Report of the Review Group on State Assets makes
a number of recommendations for reforming the economic regulators, including transferring
responsibility for their supervision and performance measurement to the Department of
Enterprise, Trade and Innovation on account of its responsibility for competition policy. The
Government is considering these and other options for reform of the economic regulators in
light of current circumstances.
Departmental Agencies
50. Deputy Robert Troy asked the Minister for Finance the key priorities of the State Claims
Agency; the payments made and to be made in 2011; and if he will make a statement on the
matter. [9708/11]
Minister for Finance (Deputy Michael Noonan): The State Claims Agency (SCA) is the name
used by the National Treasury Management Agency (NTMA) when carrying out its claims and
associated risk management functions. I have been informed by the State Claims Agency (SCA)
that the key priorities of the Agency are as stated below:
(i) To ensure that the State’s liability in relation to personal injury claims, and the expenses
of the Agency in relation to their management, are contained at the lowest achievable level.
(ii) To implement the Agency’s Employers’ and Public Liability and clinical risk work
programmes, including the elimination and reduction of litigation risk factors in State Authorities
and Health Enterprises, and the implementation and audit of health and safety quality
management systems.
(iii) To assist the Department of Justice and Equality to introduce a statutory Periodic
Payment Order Scheme concerning the payment of compensation in catastrophic injury cases
as an alternative to the current system of payment of compensation in the form of a lump
sum.
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Questions— 3 May 2011. Written Answers
(iv) To participate in the deliberations of the Medical Negligence Working Group —
Module II — concerning the necessary amendments to the Rules of Court and any other
Regulations to facilitate the case management of clinical negligence cases by the Courts.
State Claims Agency (SCA) Expenditure — 2011
A. Clinical Claims:
Clinical claims payments (January-April 2011) €37m
Clinical claims anticipated payments (May-December 2011) €60m
——
Clinical claims anticipated total payments in 2011 €97m
B. Non-clinical claims:
Non clinical claims payment (January-April 2011) €4m
Non clinical claims anticipated payments (May-December 2011) €11m
——
Non clinical claims anticipated total payments in 2011 €15m
Question No. 51 answered with Question No. 45.
Insurance Industry
A+B = €112m
52. Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the full extent of the
guarantees he has received from Liberty Mutual regarding the future for all existing job holders
in Quinn Insurance Ltd; the assurances he has received regarding all existing locations and on
both sides of the Border; and if he will make a statement on the matter. [9660/11]
177. Deputy Frank Feighan asked the Minister for Finance the steps he will take to ensure the
jobs in the Quinn Group will be protected after the Liberty Mutual Anglo takeover. [9903/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 52 and
177 together.
The Joint Administrators announced last week the acquisition by Liberty Mutual Direct
Insurance Company Ltd (LMDI), a joint venture between Liberty Mutual (LM) and Anglo
Irish Bank, of certain assets and liabilities of QIL. A 12-14 week transition process will commence
immediately during which time LMDI will obtain all the necessary regulatory consents
from parties including the Central Bank of Ireland.
As Minister for Finance I have had no direct dealings with Liberty in relation to this transaction
including the issue of the future of all existing job-holders. However, I have been
informed by the Joint Administrators that aside from the redundancies in Manchester all the
1570 in the QIL have been protected for at least two years. Many of these jobs are in the
border areas both north and south and their protection is important for the local economies in
these communities. The Joint Administrators have also advised that existing locations will be
maintained aside from Navan. I understand that the Navan jobs will be redeployed to Cavan
and Blanchardstown.
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[Deputy Michael Noonan.]
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What is also reassuring is that the business has being purchased by a company which has an
impressive track record in the insurance industry and which is also very conscious of the importance
of ensuring competition in the Irish insurance market and appreciates its central role in
providing employment and economic development in the border region and further afield.
It should be noted that LMDI have purchased the front and back Irish book. The Joint
Administrators are confident that all the UK business written since their appointment is profitable,
and therefore in order to encourage Liberty/Anglo to take over this portion of the business
(UK front book) they have agreed to continue to write profitable motor policies until 31
December 2012. Liberty Mutual will administer all aspects of any new and existing policies
(including claims handling) and will have the option to purchase the UK front book from QIL
at any point up 31 December 2012.
Question No. 53 answered with Question No. 45.
Departmental Staff
54. Deputy Timmy Dooley asked the Minister for Finance the number of staff sanctioned by
him in 2011 despite the recruitment moratorium; their grade; the organisation they work for
and the number of applications that have been refused to date in 2011. [9707/11]
Minister for Finance (Deputy Michael Noonan): The moratorium on recruitment and promotion,
introduced by the Government at the end of March 2009 allows for certain general
exemptions in the Education and Health Sectors for the filling of certain key posts as well as
for the Local Authorities in relation to certain key posts. Information in relation to the posts
covered by these general exemptions may be sought from the relevant Ministers. While Departments
have been implementing the moratorium in respect of themselves and the bodies under
their aegis, there are occasions where a Department needs to fill a post, in either the case of a
civil service post or in relation to a public service post in a body under the aegis of the Department.
Such exemptions to the moratorium require the sanction of the Minister for Finance.
Each request for an exception is assessed on a case by case basis. Approval to fill posts is
based on the business case made including consideration of, for example:
a. statutory posts which have to be filled for legal reasons;
b. safety related posts where a failure to fill them could leave the state open to potential
legal liabilities or for security reasons;
c. in order to ensure the continuity of essential services;
d. where the failure to fill a post could result in a breach of EU/international regulations
etc.;
e. some specialist/technical posts are required to ensure continuity of core operations e.g.
legal officers; laboratory staff, maritime safety, etc.;
Departments and Offices do have to exhaust other possibilities such as redeployment, the reassignment
of staff or the re-organisation of work before applying for an exception to the
moratorium.
In addition, as part of the Employment Control Framework 2011-2014 for the Health Sector,
the HSE has discretion to fill a limited number of posts on exceptional grounds to support the
development of integrated health care and its transformation programme. However, as part
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Questions— 3 May 2011. Written Answers
of this facility, posts of equivalent value in non-frontline areas must be suppressed for any
exception made.
Details of the individual exemptions sought by each Department in respect of Civil Service
and Public Service posts this year are set out in tables 1 and 2, respectively.
Civil Service
Table 1 sets out the details of exceptions to the moratorium which have been sought in
respect of the Civil Service.
Since my appointment on March 9 2011, exceptions have been sought to fill 134 posts of
which 13 were refused and 9 are still under consideration. Of the 112 approved, however, only
some 14 of these posts will in time involve recruitment of extra staff.
In addition sanction has also been given for some 40 temporary posts to the CSO for Census
2011 and there has also been sanction, as is normal, for various temporary “summer relief”
type posts.
Public Service
Table 2 sets out the breakdown of exceptions to the moratorium which have been sought in
respect of the wider Public Service. My Department has received 6 requests resulting in 20
posts being sanctioned.
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102
Dept/Office Title Exception Sought 1 Grade No of Decision Sanction Date Exceptions Basis of Sanction
Exceptions
Granted
Sought
Promotion/
Promotion/
Recruitment
Recruitment
Redeployment
Redeployment
Sought
Agriculture, Fisheries and Food Appointment of Personal Secretary, 8 Approved 10-Mar-11 8 Ministerial
Ministerial Staff Assistant, Civilian Appointments
drivers, special
advisers
Appointment of AP AP 1 Approved 21-Apr-11 1 15 Aps retired in the
previous 2 years.
Consequential HEO
vacancy will not be
filled
Attorney General’s Office Executive Officer Executive Officer 1 Approved 28/01/2011 1 Business needs of office
Special Advisor PO 1 Approved 29/03/2011 1 Ministerial Appointment
CO CO 1 Approved 15/04/2011 1 Long term sick leave
case
Chief State Solicitor’s Office CO CO 1 Approved 13-Apr-11 1 Business needs of office
Communications, Energy and Appointment of Personal Secretary, 6 Approved 31-Mar-11 6 Ministerial
Natural Resources Ministerial Staff Assistant, Civilian Appointments
drivers, special
advisers
Energy Division PO PO 1 Higher duty 01-Jan-11 1 Progress made on
Allowance
achieving numbers
reduction targets in
the Department
[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
Director of GSI PO 1 Refused 01-Jan-11
EO 1 Approved 28-Feb-11 1 CO Post Suppressed in
lieu

103
Dept/Office Title Exception Sought 1 Grade No of Decision Sanction Date Exceptions Basis of Sanction
Exceptions
Granted
Sought
Promotion/
Promotion/
Recruitment
Recruitment
Redeployment
Redeployment
Sought
Community, Equality and Appointment of Personal Secretary, 3 Approved 21-Mar-11 3 Ministerial
Gaeltacht Affairs Ministerial Staff Assistant, Civilian Appointments
drivers special advisers
Acting up allowance to AP 1 Approved 01-Mar-11 1 Until September 2011
PO level at
only
Coimisinéir Teanga
To allow substantive AP AP 4 Approved 09-Mar-11 4 Duration of acting up
grade for 4 HEOs who
period.
have been on acting
up basis for 3 years
Family Support Agency Appointment of HEO equivalent 4 Approved 25-Jan-11 4 Statutory function to
mediators
provide family
mediation service —
sanction for 1 year.
Supports a pilot
project to be jointly
implemented by the
FSA and Legal Aid
Board and the Courts
Services for the
integrated delivery of
mediation services
Comptroller and Auditor Trainee Auditor Trainee Auditor 1 Approved 28/04/2011 1 To replace Auditor
General
recently deceased,
during busiest period
for auditing.
Defence Prof. Accountant Grade Prof. Accountant Grade I 1 Approved 24-Mar-11 1 Business critical case
I (Tempoary)
Questions— 3 May 2011. Written Answers
Director of Public Prosecutors Legal Researcher Legal Researcher 1 Approved 13-Apr-11 1 Business critical case
(temp.)
(temp.)

104
Dept/Office Title Exception Sought 1 Grade No of Decision Sanction Date Exceptions Basis of Sanction
Exceptions
Granted
Sought
Promotion/
Promotion/
Recruitment
Recruitment
Redeployment
Redeployment
Sought
Education and Skills Appointment of Personal Secretary, 2 Approved 07-Apr-11 2 Ministerial
Ministerial Staff Assistant, Civilian Appointments
drivers, special
advisers
Director of Operations, Director 1 Approved 17-Feb-11 1 Busines criticl case
State Exams
(Junior and Leaving
Commission
Certs)
SEC Director (HEAD) 1 Approved 09-Mar-11 1 Busines critical case
(Junior and Leaving
Certs)
Environment, Heritage and Local Appointment of Personal Secretary, 5 Approved Various 10 5 Ministerial
Government Ministerial Staff Assistant, Civilian March 2011 to Appointments
drivers, special
21 March
advisers 2011
Met Éireann Assistant Director 1 Approved 28-Jan-11 1 Addressing management
appointment of
Assistant Director
gap caused by
retirements.
Consequential vacancy
suppressed
Enterprise, Trade and Innovation Appointment of Personal Secretary, 13 Approved Various 10 13 Ministerial
Ministerial Staff Assistant, Civilian March 2011 to Appointments
drivers, special 11 April 2011
advisers
Labour Relations Commission To re-appoint 8 Rights Rights Commissioners 8 Approved 19/7/10 and 8 Re-appointments are
Commissioners 26/10/10 necessary for the
working of the Labour
Relations Commission
Labour Court To appoint a Workers member 1 Approved 10/11/2010 1 Statutory Post
replacement workers Equivalent to
member of Labour penultimate point of
Court
the PO (Higher) scale.
[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
Filling of 1 AP vacancy AP 1 Approved 10/11/2010 1 Business critical post.
by internal promotion
Employee Appeals Tribunal Filling of 1 AP vacancy AP 1 Approved 10/11/2010 1 Business critical post.
by internal promotion

Dept/Office Title Exception Sought 1 Grade No of Decision Sanction Date Exceptions Basis of Sanction
Exceptions
Granted
Sought
Promotion/
Promotion/
Recruitment
Recruitment
Redeployment
Redeployment
Sought
105
Patents Office Request for temporary HEO 1 Approved 04/02/2011 1 Business critical post and
Acting Up allowance
the office is
from EO to HEO
reorganising to cover
additional vacancies.
WAM project — Graduate 1 Approved 15/03/2011 1 Temporary replacement
temporary placement
for 6 monthsadministered
by the
Association of Higher
Education Access
Disability (AHEAD)
ODCE Reappointment of Assistant Secretary 1 Approved 01/10/2010 1 Statutory post. In public
Director
interest.
Finance Appointment of Personal Secretary, 3 Approved 03-May-11 3 Ministerial
Ministerial Staff Assistant, Civilian Appointments
drivers, special
advisers
Manager of the Civil AP 1 Approved 23/02/2011 1 Filling of post
Service Employee
necessitated by need
Assistance Service by
to make more
interdepartmental
effective and to
competition
centralise the
Employee Assistance
Service within the
Dept of Finance
Foreign Affairs Appointment of Personal Secretary, 8 Approved Various 29 8 Ministerial
Ministerial Staff Assistant, Civilian March 2011 to Appointments
drivers, special 8 April 2011
advisers
Helath/Children Appointment of Personal Secretary, 12 Approved Various 10 12 Ministerial
Ministerial Staff Assistant, Civilian March to 18 Appointments
drivers, special April 2011
advisers
Justice, Equality and Law Appointment of Personal Secretary, 3 Approved 24-Mar-11 3 Ministerial
Reform Ministerial Staff Assistant, Civilian Appointments
drivers, special
advisers
Questions— 3 May 2011. Written Answers

106
Dept/Office Title Exception Sought 1 Grade No of Decision Sanction Date Exceptions Basis of Sanction
Exceptions
Granted
Sought
Promotion/
Promotion/
Recruitment
Recruitment
Redeployment
Redeployment
Sought
Garda Civilians Head of HR strategy PO 1 Not Granted - 0 Business Critcal
Head of Garda Infor PO 1 Not Granted - 0 Business Critcal
Services centre
IT staff 9 Various 9 Part Granted 19-Apr-11 4 Business Critcal
Head of legal affairs PO higher 1 Approved 19-Apr-11 1 Business Critcal
OSCAM Various 4 Part Granted 19-Apr-11 2 Business Critcal
GISC HEO 3 Approved 19-Apr-11 3 Business Critcal
Accident Damage HEO 1 Not Granted 19-Apr-11 0 Business Critcal
Manager
Vehicle inspectors EO 2 Part Granted 19-Apr-11 1 Business Critcal
Doctor Doctor 1 Not Granted 19-Apr-11 0 Business Critcal
HR manager HEO 2 Approved 19-Apr-11 2 Business Critcal
Crime analyst HEO 2 Not Granted 19-Apr-11 0 Business Critcal
Property Registration Authority CEO replacement Assistant Sec 1 Approved 10-Feb-11 1 Business Critcal
Prison Service Prison Doctor Doctor 1 Approved 14-Feb-11 1 Prison operational
reasons.
OPW Clerical support in CO 1 Approved 24-Jan-11 1 Part of limited overall
Culture and Built
sanction for the OPW
Heritage area
Management vacancies PO 2 Approved 24-Jan-11 2 Part of limited overall
sanction for the OPW
Appointment of Minister Personal Secretary, 4 Approved Various 10 4 Ministerial
of State Staff Assistant, Civilian March 2011 to Appointments
drivers
25 March
2011
[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
Public Expenditure and Reform Appointment of Personal Secretary, 3 Approved 20-Apr-11 3 Ministerial
Ministerial Civilian drivers Appointments
Appointment of Secretary General 1 Approved 26-Apr-11 1 Government
Secretary General
appointment
Social Protection Appointment of Personal Secretary 1 Approved 20-Apr-11 1 Ministerial Appointment
Ministerial Staff

107
Dept/Office Title Exception Sought 1 Grade No of Decision Sanction Date Exceptions Basis of Sanction
Exceptions
Granted
Sought
Promotion/
Promotion/
Recruitment
Recruitment
Redeployment
Redeployment
Sought
Taoiseach Appointment of Personal Secretary, 9 Under Ministerial
Ministerial Staff Assistant, Civilian Consideration Appointments
drivers, special
advisers
Transport Appointment of Personal Secretary, 14 Approved Various 10 14 Ministerial
Ministerial Staff Assistant, Civilian March 2011 to Appointments
drivers, special 26 April 2011
advisers
Total 165 141
Questions— 3 May 2011. Written Answers

108
Table 2 — Requests for Exceptions in the Public Service
Department of Social Protection
No. of Requesting Body Purpose of Sanction Grade No. of Decision No. of posts Date Sanctioned Comment
requests posts granted
1 Pensions Board Staff required due to 1 PO 12 Sanction was given for the transfer 12 (6 posts to be 11 March 2011
developments in the 4 APs of 6 posts from the Department transferred
pensions arena 4 HEOs of Social Protection’s ECF by from DSP and
3 EOs end-2012; Sanction was given for 6 posts to be
6 posts to be recruited on fixed- recruited
term contracts for a period of
no more than 3 years.
externally on a
three year
fixed-term
contract)
1 Citizens This was to fill the Grade 4 ICT 1 1 31 March 2011
Information position made vacant Administrator
Board by the resignation of an Post
administrator who was
acting up into an ICT
project management
role until 31 March
2011
To fill a Grade 7 (HEO) Grade 7 (HEO) 1 1 2 March 2011
ICT vacancy for the ICT area
duration of 11 months
until November 2011
[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers

109
Department of Environment, Heritage and Local Government
No. of Requesting Body Purpose of Sanction Grade No. of Decision No. of posts Date Sanctioned Comment
requests posts granted
1 An Bord To fill Chairperson Post Equivalent to 1 Statutory PostPost advertised 1 14th February
Pleanála High Court stating that pay is being 2011
Judge subject
reviewed and may be subject to
to the
downward revision prior to
provisions of
appointment
the Financial
Emergency
Measures in
the Public
Interest Acts
2009
To fill Deputy Point 2 of former 1 Post to be filled for one year while 1 18th February
Chairperson Post Assistant re-grading of An Bord Pleanála 2011
Secretary Scale
Board member posts is being
at 12/12/09
examined
minus 8%
Questions— 3 May 2011. Written Answers

110
Department of Education and Skills
No. of Requesting Body Purpose of Sanction Grade No. of Decision No. of posts Date Sanctioned Comment
requests posts granted
1 NEWB 1 x director of services Various 6 1 EWO post extended by 6 1 extension 24 Mar 2011 1 post extended as due to
1 x director of integration months expire 29 March 2011
1 regional manager
2 x education welfare
officer
1 x clerical officer post
1 Co. Mayo VEC Temp extension pending Acting 1 Approved until 30 Sept 2011 1 29 Mar 2011 Temporary extension of
VEC amalgamation Education essential post until
Officer
VEC rationalisation
1 Teaching Council Renew contracts of 5 Clerical Officer 5 Approved until 31 August 2011 5 31 Mar 2011 To finalise registration of
Temp Cos to complete only existing and new
registration of existing
teachers in time for
and new teachers for September 2011
2011/2012 academic academic year.
year
FÁS also received sanction on the 11th of March to recruit 40 temporary clerical officers of 100 sought as cover for staff availing of the Shorter Working Year scheme
[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers

111
Department of Tourism, Culture and Sport
No. of Requesting Body Purpose of Sanction Grade No. of Decision No. of posts Date Sanctioned Comment
requests posts granted
1 Irish Film Board To enable CEO post to Principal Officer, 1 Grant 1 4 February 2011
be filled
Higher Scale
1 National Gallery To enable the post of Principal Officer, 1 Grant 1 10 January 2011
Director to be filled Higher Scale
1 Irish Museum of To enable the post of Principal Officer, 1 Grant 1 28 April 2011
Modern Art Director to be filled Standard Scale
1 The Arts Council To enable the post of Principal Officer, 1 Grant 1 17 February 2011
Director to be filled Standard Scale
Fáilte Ireland also requested 80 seasonal Tourist Information Officers (clerical) to staff its Information Offices for the tourist season.
Sanction granted on 20th of April. Shannon Development was also granted 12 Tourist Information Officers on the same basis.
Such sanctions are given on the understanding that the pay can be met from within existing budgetary resources.
Questions— 3 May 2011. Written Answers

Questions— 3 May 2011. Written Answers
Tax Code
55. Deputy Seamus Healy asked the Minister for Finance his plans to abolish the universal
social charge, introduced by the previous Government, in view of its impact on the income of
low and middle income families; and if he will make a statement on the matter. [6051/11]
Minister for Finance (Deputy Michael Noonan): The position is that there is a commitment
in the new Programme for Government to carry out a review of the Universal Social Charge
(USC) and I would anticipate that the review will be completed in time for Budget 2012. I
would encourage all interested parties to join the review of the USC by way of submission to
my Department. My Department is currently accepting submissions from interested parties,
however, if changes to the USC are being proposed I would request well thought-out and
workable solutions to fill any revenue gaps created. The focus must be on maintaining the €4
billion yield.
I should point out that the USC is progressive and when all charges on income are taken
together we have a highly progressive taxation system. Ireland has one of the most progressive
taxation systems in the entire OECD.
Finally, we must have a sustainable, robust taxation system going forward and the USC is
part of that system.
Insurance Industry
56. Deputy Sandra McLellan asked the Minister for Finance the full extent of the State
commitment to the Anglo Irish Bank-Liberty Mutual preferred bid for Quinn Insurance Ltd
in either direct cash terms, guarantees or underwriting; and if he will make a statement on the
matter. [9659/11]
Minister for Finance (Deputy Michael Noonan): The Joint Administrators announced last
week the acquisition by Liberty Mutual Direct Insurance Company Ltd (LMDI), a joint venture
between Liberty Mutual (LM) and Anglo Irish Bank, of certain assets and liabilities of QIL.
A 12-14 week transition process will commence immediately during which time LMDI will
obtain all the necessary regulatory consents from parties including the Central Bank of Ireland.
It should be noted that there is no State commitment which is specific to the Liberty Mutual
Direct Insurance Company Ltd (LMDI) preferred bid for the business of Quinn Insurance Ltd
in direct cash terms, guarantees or underwriting.
The Insurance Compensation Fund (ICF) is however available to cover the deficit which is
expected to arise in the run-off of the remaining parts of QIL not purchased by LMDI.
In this regard, I in my role as Minister for Finance may on the recommendation of the
Central Bank advance to the ICF under Section 5 of the 1964 Insurance Act such sums as I
think appropriate to enable payments out of the fund to be made expeditiously. Any sums of
this nature are recoupable over time through the placement by the Central Bank of a levy on
the insurance industry.
I will consider such a request if it should arise in the same way that I would consider any
request of this type no matter who the preferred bidder was.
Banking Sector Regulation
57. Deputy Brian Stanley asked the Minister for Finance the action being taken by him in
the investigation into the role of auditors in banks which have received State assistance; and if
he will make a statement on the matter. [9656/11]
61. Deputy Mary Lou McDonald asked the Minister for Finance as the sole shareholder in
Anglo Irish Bank and acting on behalf of the State, the actions he will take against the external
112

Questions— 3 May 2011. Written Answers
auditors who gave Irish banks unqualified audit reports in the months preceding the bank
guarantee in 2008; the measures he will put in place to ensure that external auditors can be
held to account in any future banking crisis; and if he will make a statement on the matter.
[9663/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 57 and
61 together.
As the Deputies will be aware the Nyberg Commission of Investigation recently published
its Report. The main findings of the Commission, in relation to the role of auditors, were:
• auditors’ commentary regularly focuses only on issues which they consider relate to
the accuracy of the historic accounts
• in the absence of an express requirement for the auditors to do so, there appears to
have been no challenging dialogue with the covered banks on their business models
and their growing property and funding exposures. Such dialogue could have highlighted
the business model risks and might have influenced the banks in relation to
their growing vulnerabilities as the Period progressed.
• that it was unfortunate that sufficient, timely and challenging auditor dialogue was not
used to influence the banks’ business models and lending practices.
These findings and recommendations raise a number of issues for the audit profession concerning
how it sees its own role and its relationship to both client firms and to external statutory
and other stakeholders.
It is clear however that the Commission of Investigation generally accords with the view that
the audit profession should be able to contemplate an enhanced role in co-operation with
supervisory authorities, while recognising their respective statutory functions. This is a view
which I generally support and indeed I understand that the Central Bank has commenced a
process of engagement with the audit profession to explore the potential for enhanced, regular
dialogue between auditors and supervisors and how the profession can best assist the Bank in
carrying out its supervisory functions.
I also welcome the fact that the representative body, the Institute of Chartered Accountants
in Ireland, is itself seeking to actively engage in this debate and is currently undertaking an
industry-level review of the role of statutory audit which is considering issues such as the
scope of the audit; how the audit profession interacts with and reports to shareholders and the
information included in such reports; relationships between auditors and supervisors; and how
the profession is regulated. This review of course extends beyond the audit of financial
institutions.
In addition, I am aware that the Irish Auditing and Accounting Supervisory Authority
(IAASA) has a statutory role for the supervision of the accountancy bodies’ regulation and
monitoring of their members. In this role, the IAASA has contacted the Institute of Chartered
Accountants in Ireland (the Institute) with a view to establishing the Institute’s regulatory
response to the emergence of issues into the public domain in December 2008. Subsequent to
this, the Institute’s Complaints Committee, which is the Chartered Accountants Regulatory
Board (CARB), appointed a Special Investigator to examine the role that any of its members
or member firms may have played in events at Anglo Irish Bank.
Separately, in 2010, CARB also initiated a review of the 2008 audits by member firms of the
“covered” financial institutions. The scope of this review, which takes place under the CARB
Quality Assurance remit, was approved by its Board following consultation with IAASA.
113

[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
The review is focusing on the application of appropriate procedures during the audit of
accounts for 2008 year end, specifically in respect of loan valuations and provisions for impairments
of those loans. The CARB Board appointed an independent expert to oversee the review
and I have been informed that the Board expects to publish a report in the summer of 2011.
National Pensions Reserve Fund
58. Deputy Timmy Dooley asked the Minister for Finance the current value of the National
Pensions Reserve Fund; the commitments on the funds in respect of payment; and if he will
make a statement on the matter. [9705/11]
Minister for Finance (Deputy Michael Noonan): The National Pensions Reserve Fund
(NPRF) was established on 2 April 2001 under the National Pensions Reserve Fund Act 2000
for the purpose of meeting as much as possible of the cost to the Exchequer of social welfare
pensions and public service pensions to be paid from the year 2025 until the year 2055, or such
other year as may be specified by order. Subsequent amendments to the National Pensions
Reserve Fund Act provide that the Minister for Finance may direct the National Pensions
Reserve Fund Commission to invest in certain credit institutions, to buy Government bonds
and, until 2013, to provide money to the Exchequer for capital purposes.
The total value of the National Pensions Reserve Fund, according to its most recently-published
figures, was €23.2 billion at 31 March 2011. This figure included €7.9 billion invested in
Bank of Ireland and Allied Irish Banks on the direction of the Minister for Finance.
On foot of a Ministerial direction, €5.5 billion in cash was set aside as the first part of a
phased de-risking of the NPRF in February 2011 in anticipation of its contribution required
under the EU/IMF Programme of Financial Support for Ireland. This left some €9.8 billion in
the Discretionary Portfolio (the assets available for investment at the discretion of the NPRF
Commission) at end-March 2011 values. The table below shows the composition of the Fund
at end-March 2011:
End-March 2011 (€billion)
Directed Investments Banks 7.9
Set aside for EU/IMF Support Programme 5.5
Discretionary Portfolio 9.8
Total Fund 23.2
Following a second Ministerial direction in April 2011, a further €4.5 billion was realised from
the Discretionary Portfolio. This increased the amount set aside for the EU/IMF Support Programme
from €5.5 billion to €10 billion.
Banking Sector
59. Deputy Richard Boyd Barrett asked the Minister for Finance if he will name the bondholders
of the Irish banks who were repaid between 29 September 2008 and to date in 2011;
and if he will make a statement on the matter. [9713/11]
Minister for Finance (Deputy Michael Noonan): The Central Bank has advised me that the
process of issuing new bonds is normally through underwriting, where one or more securities
firms or banks form a syndicate buying the entire bond issue from the issuer and then re-selling
to investors. Primary issuance is arranged by these syndicates who contact potential investors
and advise the bond issuer in terms of timing, tenor and pricing of the bond issue. The bond
114

Questions— 3 May 2011. Written Answers
issuer will likely have little knowledge of the original owners of the bonds; also these initial
investors may over time sell the bonds to other investors. Bonds are usually issued in bearer
form which means that the purchasers of the bonds are unknown, with the bonds usually held
by a securities depository company (e.g. Euroclear and Clearstream). When paying interest
and principal the bond issuer will transfer the required funds to the securities depository company
who in turn will pay the funds through to the bondholders.
The function of the securities depository company is to receive the appropriate interest or
principal payment for the entire bond issue from the issuer and to distribute the required
amounts to the individual bondholders. This is a standard process for all such issuances.
Therefore throughout this entire process the bond issuer is unaware of the individual bondholders’
details.
EU-IMF Fund
60. Deputy Martin Ferris asked the Minister for Finance if he has had discussions with the
EU and the International Monetary Fund in relation to the lowering of personal income tax
bands and credits; if he will bring forward measures to offset the measure in the EU-IMF
programme to further lower personal income tax bands and credits for the 2012 budget in view
of the fact that the programme for Government states that it will maintain current bands and
credits; if this issue was discussed with the external partners; and if he will make a statement
on the matter. [9650/11]
Minister for Finance (Deputy Michael Noonan): The position is that the issue of maintaining
tax credits and bands at their current rates was discussed with the European Commission, IMF
and ECB Troika during the recent Review Mission of 5 April to 15 April 2011. As the Deputy
is aware, the Government has initiated a Comprehensive Review of Expenditure (CRE) to
provide the Government with a set of decision options to meet the overall fiscal consolidation
objectives and re-align spending with the Programme for Government priorities. The CRE is
due to be completed by end September 2011.
When this review is complete, the Government will examine the findings and based on these
findings and consultation with the Troika will introduce fiscally neutral changes to the detail
of the EU/IMF Programme of Financial Support for Ireland while maintaining the overall
commitment to fiscal consolidation.
Question No. 61 answered with Question No. 57.
Tax Code
62. Deputy David Stanton asked the Minister for Finance if he will consider introducing
incentives such as VAT refunds for farmers who install and operate renewable energy microgeneration
equipment; and if he will make a statement on the matter. [9715/11]
Minister for Finance (Deputy Michael Noonan): Farmers who are registered for VAT
account for VAT in respect of all their taxable activities, whether those activities consist solely
of farming or both farming and other activities such as the generation of electricity for provision
to the national grid. In turn they are entitled to claim input credit for VAT charged on the
installation of renewable energy microgeneration equipment for use in their taxable activities.
In so far as farmers who are not registered for VAT are concerned, they are not in the normal
course entitled to credit for, or repayment of, VAT incurred by them on their business inputs.
The Value-Added Tax (Refund of Tax) (No. 25) Order, 1993 provides for refunds to unregistered
farmers for tax borne on the “construction, extension, alteration or reconstruction of any
building or structure which is designed for use solely or mainly for the purposes of a farming
business”. However, while the installation of renewable energy microgeneration equipment
115

[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
may be the construction of a structure, such a structure is not “designed for use solely or mainly
for the purposes of a farming business”. It is designed rather to generate electricity for wherever
required. Consequently, the installation of alternative energy generators does not come within
the scope of the VAT refund order.
Banking Sector
63. Deputy Brian Stanley asked the Minister for Finance the preparatory steps being taken
in 2011 to set up the Strategic Investment Bank; the assessments or analysis being undertaken;
the models of funding being explored to set up and run this bank; and if he will make a
statement on the matter. [9657/11]
Minister for Finance (Deputy Michael Noonan): The Programme for Government contains
a clear commitment to creating a Strategic Investment Bank that will become a provider of
finance to large capital projects, a conduit for venture capital and a lender to SMEs. As I
indicated in a reply to PQ 5399 on 23 March, the Government will only be in a position to
decide on the timing and the structure for setting up the Strategic Investment Bank when the
necessary detailed assessment and planning work has been done. Therefore it would be premature
to discuss its functions and responsibilities at this stage. For the same reasons the Government
Legislation Programme for the summer session which was published on 5 April does not
contain legislation in relation to the Strategic Investment Bank.
Fiscal Policy
64. Deputy Pearse Doherty asked the Minister for Finance in view of the fact that the
external partners, including the IMF, all reported in advance of 2007 that Ireland’s fiscal policies
were sound and that the banks had adequate capital, his views that Ireland should be
reliant therefore on the advice, direction and diktat of these partners; and if he will make a
statement on the matter. [9667/11]
Minister for Finance (Deputy Michael Noonan): One of the key lessons from the crisis —
both internationally and domestically — is that not enough attention was paid to the interrelatedness
of credit, construction, indebtedness, and the real economy. From an Irish perspective,
it is also fair to say that insufficient weight was given to contrarian views, a point which
was made recently in the Nyberg report. While our external funding partners must be consulted
—they are after-all providing significant funding to us —I would stress that the policies currently
being followed are those of the Irish Government. These policies are about restoring
stability and repairing our international reputation. The Government is also proceeding with a
Jobs Initiative in May, designed to underpin the labour market and help restore confidence.
State Bodies
65. Deputy Dara Calleary asked the Minister for Finance if he plans to amalgamate State
agencies; if so, the agencies involved; the potential savings to the Exchequer; and if he will
make a statement on the matter. [9696/11]
171. Deputy Micheál Martin asked the Minister for Finance the number of State bodies he
intends to abolish; the time line for achieving same; if a provisional list of State bodies to be
abolished has been drawn up; and if he will make a statement on the matter. [5907/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 65 and
171 together.
116

Questions— 3 May 2011. Written Answers
The Government is committed to reducing and rationalising the plethora of state bodies. In
accordance with the Programme for Government we are now undertaking a Comprehensive
Review of Expenditure of all aspects of public expenditure and in this context we will be
critically examining all state bodies to see if there is, in fact, a continuing need for them. Where
there is a rationale for maintaining a function, we will consider whether bodies can usefully be
amalgamated or absorbed back into their parent Departments.
As well as giving rise to Exchequer savings in time, I would see these measures as forming
part of the wider reform of the public service agenda because it is very important that there is
proper accountability for public expenditure to this House.
In addition to these new measures there are also a number of amalgamations and rationalisations
already under way which are set out in the table below:
Rationalisation of State Bodies currently in train
Department of Education and Skills
1. Amalgamation of the Further Education and Training Awards (FETAC), the Higher
Education and Training Award Council (HETAC) and the National Qualifications Authority
of Ireland (NQAI).
2. Rationalisation/reduction of the number of Vocational Education Committee’s from 33
to 16.
Department of Enterprise Trade and Innovation
Merge Competition Authority and National Consumer Agency
Department of Environment
Formal Merger of Local Government Management Service Board and Local Government
Computer Services Board into Local Government Services Board
Department of Finance
Formal Merger of Commission on Public Service Appointments with the Ombudsman
Office.
Department of Health
1. Merge the National Council for Professional Development of Nursing and Midwifery
into An Bord Altranais.
2. Merge the following Bodies into Health and Social Care Professionals Council:
— National Social Work Qualification Board;
— Opticians Board;
— Pre-Hospital Emergency Care Council
3. Merger National Cancer Registry Board into the HSE.
Department of Tourism, Culture and Sport
1. Combine Irish Museum of Modern Art, the Crawford Art Gallery and the National
Gallery of Ireland, while retaining their separate identities.
2. Merge the National Archives and the Irish Manuscripts Commission into the National
Library.
117

Questions— 3 May 2011. Written Answers
State Assets
66. Deputy Mary Lou McDonald asked the Minister for Finance if he will name the commercial
semi-State bodies from the Report of the Review Group on State Assets & Liabilities that
he has discussed and-or is actively considering selling a whole or part of; the timeframe he will
begin this sale process; and if he will make a statement on the matter. [9662/11]
81. Deputy Niall Collins asked the Minister for Finance the timeframe in which he envisages
that the sale of State assets will commence. [9698/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 66 and
81 together.
The Review Group on State Assets and Liabilities published its report on 20 April 2011. The
Government will now study the findings of the report and its extensive recommendations in
detail. As set out in the Programme for Government, non-strategic assets up to a value of €2
billion will only be sold when market conditions are right and when adequate regulatory structures
have been established to protect consumer interests. No specific bodies have, therefore,
been identified for sale at this stage and no binding timeframe has been set. The Group itself
cautions against a hastiness to sell such assets.
Public Private Partnerships
67. Deputy Sean Fleming asked the Minister for Finance the proposals under consideration
by the National Development Finance Agency in respect of public private partnerships; the
position regarding public private partnerships; if he will indicate the projects that are expected
to be at the approved stage in 2011; and if he will make a statement on the matter. [9704/11]
111. Deputy Thomas P. Broughan asked the Minister for Finance if he will report to Dáil
Éireann on the current position regarding public private partnerships in 2011; and if he will
indicate which PPPs will proceed in 2011 and 2012; and if he will make a statement on the
matter. [9946/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 67 and
111 together.
The procurement of individual Public Private Partnerships (PPPs) is a matter for individual
Departments. The National Development Finance Agency (NDFA) provides financial,
insurance and risk analysis advice to State Authorities in order to assist in determining the
most appropriate procurement mechanism. I understand that to date in 2011 there are five
PPPs at various stages of the procurement process of which the NDFA is acting as the procuring
authority for three in the education sector. There are a further four PPP projects in the pipeline.
State Assets
68. Deputy Brian Lenihan asked the Minister for Finance if he will confirm if the proceeds
of the sale of State assets will be used to fund a jobs programme as promised in the Fine Gael
NewERA document or if the proceeds of the sale of State assets will be used to pay off the
national debt. [9693/11]
161. Deputy Michael McGrath asked the Minister for Finance if the EU-IMF-ECB agreed
during the recent review of the funding programme that the proceeds from the sale of certain
State assets could be invested in job creation initiatives instead of paying down the national
debt; and if he will make a statement on the matter. [9739/11]
118

Questions— 3 May 2011. Written Answers
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 68 and
161 together.
Both policy options are available in this regard for Government decision in due course in
relation to any asset sales that might take place. The draft agreement with the EU/IMF does
not preclude the use of the proceeds in this way and the matter is for further discussion with
the EU/IMF as the occasion arises.
Industrial Sites
69. Deputy David Stanton asked the Minister for Finance further to Parliamentary Question
No. 72 of 29 March 2011, if the final report of the working group on Haulbowline, County
Cork, has now been completed; and if he will make a statement on the matter. [9714/11]
Minister of State at the Department of Finance (Deputy Brian Hayes): The Working Group,
established by Government, to develop a structured and coherent approach to the future management
and development of the former Irish ISPAT site at Haulbowline, County Cork, is
concluding its deliberations.
It is expected that the report will be available in May 2011.
Decentralisation Programme
70. Deputy Seán Crowe asked the Minister for Finance if he will proceed with the previous
Government’s decentralisation programme; and if he will make a statement on the matter.
[9665/11]
73. Deputy Sean Fleming asked the Minister for Finance the developments regarding decentralisation
in 2011 in particular the programme for acquisition of new office accommodation
where decentralised staff are in temporary rented accommodation and if he will list which
priority projects will proceed. [9706/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 70 and
73 together.
The Government has not yet taken any decision in relation to either the programme or
individual projects.
The Government recently agreed to conduct a Capital Expenditure Review with the focus
on programmes and projects that will best support economic recovery. This may have implications
for the availability of capital funding for decentralisation projects. The requirement to
reduce public service numbers by some 24,000 in the period to 2015 and the moratorium on
the filling of vacancies also needs to be taken into account.
As regards developments in 2011, the Property Registration Authority moved into permanent
accommodation in Roscommon in January and a new building is under construction in
Tipperary Town for the Department of Justice and Equality where that Department already
has an advance office in place.
State Assets
71. Deputy Brian Lenihan asked the Minister for Finance if a detailed valuation process of
State assets will commence; if such a process will take into account debt and pension fund
deficits that may exist in some State companies; the persons that will carry out such a review;
and if he will make a statement on the matter. [9694/11]
Minister for Finance (Deputy Michael Noonan): The Report of the Review Group on State
Assets and Liabilities set out a detailed assessment of the assets and liabilities, including pen-
119

[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
sion fund deficits, of all the main commercial State-sponsored bodies. It was based on book
values but a valuation would have to be undertaken in the case of any sale. As set out in the
Programme for Government, non-strategic assets up to a value of €2 billion will only be sold
when market conditions are right and when adequate regulatory structures have been established
to protect consumer interests.
Jobs Fund
72. Deputy Barry Cowen asked the Minister for Finance the funding that has been allocated
to the jobs fund outlined in the Programme for Government. [5792/11]
Minister for Finance (Deputy Michael Noonan): The Government is committed to resourcing
a Jobs Fund within its first 100 days in the Programme for Government. The details of individual
measures are currently being considered by the Government for the purpose of delivering
on this commitment.
Question No. 73 answered with Question No. 70.
National Asset Management Agency
74. Deputy Billy Kelleher asked the Minister for Finance if he will outline the National Asset
Management’s Agency plans to start lending to buyers in the residential property markets;
when such funding will be available; the amount that will be available; when the necessary
legislation will be introduced; and if he will make a statement on the matter. [9700/11]
Minister for Finance (Deputy Michael Noonan): NAMA has been established as a fully
commercial agency to operate under the direction of a Board of Directors. I recently met with
the Board and explained that I expect it to review all options in terms of regenerating activity
in the Irish property market as soon as possible. In that context, the Chairman of NAMA has
recently stated that the Agency is exploring ways by which it can provide finance for commercial
and residential property deals in line with its objective of reinvigorating the Irish property
market. The Chairman has stated that he envisages that NAMA will work with the two pillar
banks to identify solutions which will increase access to residential mortgages for its Irish
residential portfolio.
I understand that the Agency is currently preparing detailed plans and that it proposes to
enter into discussions with the two pillar banks shortly. There are no proposals at present to
change the legislation.
Departmental Expenditure
75. Deputy Aengus Ó Snodaigh asked the Minister for Finance the cost to the Exchequer of
commissioning and publishing the Honohan, Regling-Watson and Nyberg reports; the money
paid to each of the four drafters involved; the cost of additional researchers and personnel; and
if he will make a statement on the matter. [9648/11]
Minister for Finance (Deputy Michael Noonan): The previous Government announced the
establishment of an investigation into the banking crisis on 19 January 2010. There was a twostage
process. For the first stage, the Government commissioned two separate preliminary
reports. One report was prepared by Professor Patrick Honohan, Governor of the Central
Bank of Ireland, entitled “The Irish Banking Crisis — Regulatory and Financial Stability Policy
2003-2008”. There was no cost to the Exchequer in relation to this report as all costs were met
by the Central Bank of Ireland. A second report was prepared by Mr. Klaus Regling and Mr.
Max Watson who were appointed by the Minister for Finance entitled “A Preliminary Report
on the Sources of Ireland’s Banking Crisis”. The total cost of this report was €124,398.
120

Questions— 3 May 2011. Written Answers
The second stage of the inquiry was the establishment of a Statutory Commission of Investigation,
pursuant to the Commissions of Investigation Act 2004. On 7 July 2010, the previous
Government announced its decision to establish a Commission of Investigation into the banking
sector in Ireland. The Commission was formally established on 21 September 2010 by
Government Order, and Mr. Peter Nyberg was appointed as the sole Member of the
Commission.
The Commission of Investigation reported to me on 22 March 2011. While there are a small
number of payments outstanding in relation to the Commission, it is expected that the overall
cost of the Commission of Investigation will be in the region of €1.2 million and includes
staffing, accommodation, equipment and legal costs. Final costs will be available in the coming
weeks when all remaining invoices have been received.
76. Deputy Dessie Ellis asked the Minister for Finance the total value of fees paid directly
by him in respect of all services provided by a company (details supplied) for the years 2009
and 2010; and if he will make a statement on the matter. [9654/11]
Minister for Finance (Deputy Michael Noonan): My Department made no payments to the
company mentioned by the Deputy during the years 2009 and 2010.
National Debt
77. Deputy Michael McGrath asked the Minister for Finance taking account of the additional
bank recapitalisation following the recent bank stress tests, the amount of interest he anticipates
will be paid on the national debt for each of the years 2012, 2013, 2014 and 2015; and the
percentage of the total tax take that will be accounted for by such payments for each of those
years. [9692/11]
Minister for Finance (Deputy Michael Noonan): The recently conducted banking stress tests
identified €24 billion of additional support as being required by the banking sector. However,
it is not expected that the State will provide this full amount and the debt forecasts which are
contained in the Stability Programme Update recently submitted to the European Commission
are predicated upon the State providing €20 billion in capital support, some €10 billion of
which is due to come from the National Pensions Reserve Fund and was already factored into
the debt forecasts at budget time. The additional €10 billion which has now been identified will
add to the level of debt and this has been taken account of in the Stability Programme Update
which was laid before the Dáil on 29 April 2011. Based on these assumptions, the Stability
Programme Update projections of debt interest costs and those costs as a percentage of total
tax receipts are outlined in the below table:
Stability Programme Update Projections
2012 2013 2014 2015
National Debt Interest (€ bn) 7.2 8.0 8.7 9.2
Tax Revenue (€ bn) 37.5 39.9 42.3 44.3
Debt Interest as % of Tax Revenue 19.2 20.1 20.7 20.8
At almost 21 per cent, the proportion of tax revenues going towards debt interest in 2015 is
undoubtedly at a significant level. However, it is worth bearing in mind that it is well below
the ratios experienced in the mid-1980s when around a third of the tax revenues generated in
the State went towards servicing the interest on the national debt.
There is now a general appreciation at European level of the importance of debt sustainability
considerations in the pricing of EU and euro area financial assistance loans to
Member States. In this regard, the Heads of State or Government of the euro area decided on
121

[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
11 March last that the “pricing of the EFSF (loans) should be lowered to better take into
account debt sustainability of the recipient countries, while remaining above the funding costs
of the facility, with an adequate mark up for risk, and in line with IMF pricing principles.”
The European Council also decided that the interest rate on the loans to Greece will be
adjusted by 100 basis points. The position in relation to the pricing of Ireland’s loans was also
considered in the context of wider political discussions but the Council did not take any decision
in the matter. The pricing of Ireland’s loan is being pursued vigorously by myself and my
Department at European level. The decision on this will be made by Eurogroup and ECOFIN
Ministers, and it is being addressed through that forum. However, every opportunity to present
our case on the interest rate is being taken — including the EU/IMF quarterly review which
took place last month.
National Development Plan
78. Deputy Robert Troy asked the Minister for Finance his priorities under the National
Development Plan; the projects which will proceed; and if he will make a statement on the
matter. [9699/11]
Minister for Finance (Deputy Michael Noonan): The Government has approved the preparation
of a new capital investment framework for the period post 2012. This will be prepared
by the Department of Public Expenditure and Reform, in conjunction with other Departments
and key stakeholders. It will be carried out in parallel with the comprehensive review of current
expenditure, and will help us to identify programmes and projects that will best support economic
recovery. The key objectives will be to: (i) align capital investment allocations with Programme
for Government priorities within the overall fiscal consolidation objectives; and (ii) to
ensure that allocations are directed towards investments which can have the greatest economic
and employment impact.
The review will allow the Government to critically examine all areas of capital investment
expenditure to ensure that investment is focused on pressing economic and employment
challenges.
European Stability Mechanism
79. Deputy Michael Colreavy asked the Minister for Finance the criteria that will be used
for the debt sustainability analysis under the European Stability Mechanism; the person that
will be conducting this review; the provisions being made for situations when post 2013 the
ESM find that a country’s debt burden is unsustainable; and if he will make a statement on the
matter. [9644/11]
Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, the European
Council has agreed on the need for euro-area Member States to establish a permanent stability
mechanism: the European Stability Mechanism (ESM). The ESM will be activated by mutual
agreement if it is indispensable to safeguarding the financial stability of the euro area as a
whole. The ESM will assume the role of the European Financial Stability Facility (EFSF)
and the European Financial Stabilisation Mechanism (EFSM) in providing external financial
assistance to euro-area Member States after June 2013. Access to ESM financial assistance will
be provided on the basis of strict policy conditionality under a macro-economic adjustment
programme and a rigorous analysis of public-debt sustainability, which will be conducted by
the Commission together with the IMF and in liaison with the ECB. The beneficiary Member
State will be required to put in place an appropriate form of private sector involvement, according
to the specific circumstances and in a manner fully consistent with IMF practices.
122

Questions— 3 May 2011. Written Answers
The criteria for the debt sustainability analysis to be conducted under the ESM are not set
out in the Term Sheet for the ESM which was agreed by the European Council and sets out
the main elements relating to the establishment, governance, funding and functioning of the
ESM. There is no definitive means of determining debt sustainability as it is predicated on a
range of factors, including assumptions regarding future economic growth, the stock of debt
and interest costs. A key determinant in the stabilisation of the debt ratio will be the narrowing
of the gap that currently exists between revenues and expenditure through further fiscal consolidation.
Semi-State Sector Remuneration
80. Deputy Niall Collins asked the Minister for Finance if he plans to reduce salaries in semi-
State companies following a review into the matter; and if he will do so prior to the sale of any
State company. [9697/11]
Minister for Finance (Deputy Michael Noonan): The agreement of both the relevant Minister
and the Minister for Finance is, under various statutes, required in relation to the remuneration
of CEOs of Commercial State companies. There are no such statutory provisions in relation to
the remuneration of other staff. The current arrangement for setting the remuneration of these
CEO posts is based on comparative analysis with posts in the private sector — the last such
review took place in 2007. I understand that my colleague, Minister Howlin, intends to give
further consideration as to how best to effect reductions in the remuneration of CEOs of
Commercial State Companies — while acknowledging that there may be contractual issues in
relation to current incumbents — and to bring proposals on the matter to Government shortly.
Question No. 81 answered with Question No. 66.
Oireachtas Members’ Remuneration
82. Deputy Peadar Tóibín asked the Minister for Finance the cost to the Exchequer of
payments to former TDs and Ministers excluding pension costs; if he will provide this data in
tabular form in terms of cost per month and per person; and if he will make a statement on
the matter. [9653/11]
Minister for Finance (Deputy Michael Noonan): Further details of what is required by the
Deputy are necessary. My officials will be in touch with the Deputy to clarify the position.
Ground Rents
83. Deputy Gerry Adams asked the Minister for Finance if he continues to pay ground
rent on iconic buildings to absentee landlords; if this includes his Department in Government
Buildings; the other iconic buildings on which ground rents are paid; and if he will make a
statement on the matter. [9264/11]
125. Deputy Gerry Adams asked the Minister for Finance if ground rents are paid in respect
of any Government properties, including Government Buildings; and if he will make a statement
on the matter. [6043/11]
Minister of State at the Department of Finance (Deputy Brian Hayes): I propose to take
Questions Nos. 83 and 125 together.
The Office of Public Works pays Ground Rent on 50 properties including Government Buildings.
The following table schedules the properties involved and monies are generally paid to
the agents/solicitors acting for the Landlord.
123

[Deputy Brian Hayes.]
Questions— 3 May 2011. Written Answers
Location Property County
CARLOW Carlow Agriculture Office Co Carlow
SWANLINBAR Swanlinbar GS+Cust Post + RAX Co Cavan
LISSYCASEY Lissycasey GS + MQ Co Clare
COBH Cobh Custom House Co Cork
CORK Cork C&E Parnell Place Co Cork
CORK Cork Custom House Co Cork
CORK MacCurtain Street GS Co Cork
CROSSHAVEN Crosshaven 12 Hses incl GS+MES Co Cork
FERMOY Fermoy GS Co Cork
GLENGARRIFF Glengarriff/Garinish+M/land Pl Co Cork
YOUGHAL Youghal Fmr Military Barracks Co Cork
BUNDORAN Bundoran GS + MQ Co Donegal
KILMACRENNAN Kilmacrennan GS Co Donegal
DUBLIN 01 O’Connell Street Upper 11-13 Co. Dublin
DUBLIN 01 O’Connell Street Upper 14-15 Co. Dublin
DUBLIN 01 O’Connell Street Upper 44 Co. Dublin
DUBLIN 01 Thomas Lane 1-2 Co. Dublin
DUBLIN 02 Burgh Quay 13-14 Co. Dublin
DUBLIN 02 Dublin Castle Co. Dublin
DUBLIN 02 Fitzwilliam Pl 31 Advanced Stud Co. Dublin
DUBLIN 02 Government Buildings Co. Dublin
DUBLIN 02 Kildare Street 23-28 Co. Dublin
DUBLIN 02 Kildare Street 4-5 Library Co. Dublin
DUBLIN 02 Merrion Row 7-9 Co. Dublin
DUBLIN 02 Merrion Square 16 Red Cross So Co. Dublin
DUBLIN 02 Merrion Square 5 Inst/Advan St Co. Dublin
DUBLIN 02 Merrion Square 6A(Fenian St) Co. Dublin
DUBLIN 02 Merrion Street Upper 14-16 Co. Dublin
DUBLIN 02 St Stephen’s Gr 50-51 Co. Dublin
DUBLIN 02 St Stephen’s Gr 78-81 Iveagh Hse Co. Dublin
DUBLIN 04 Burlington Road 10 Co. Dublin
DUBLIN 06 Cathal Brugha Barracks Co. Dublin
DUBLIN 06 Terenure GS + Tel Exch + RAX Co. Dublin
DUBLIN 07 Four Courts Co. Dublin
DUBLIN 09 Botanic Gdns Co. Dublin
DUBLIN 14 Dundrum Central Mental Hospital Co. Dublin
DUBLIN 15 Abbotstown Farm Co. Dublin
KILLARNEY Killarney National Park + Offi Co Kerry
TRALEE Tralee Music School Co Kerry
TRALEE Tralee SWO — Godfrey Place Co Kerry
PORTLAOISE Portlaoise Decentral Site Co. Laois
LIMERICK Limerick Custom House Hunt Mus Co Limerick
LIMERICK Limerick Henry/Cecil/Glentwort Co Limerick
LIMERICK Limerick OPW Regional Office Co Limerick
DROGHEDA Drogheda Government Offices Co Louth
BIRR Birr GS Co Offaly
124

Questions— 3 May 2011. Written Answers
Location Property County
WATERFORD Waterford Gov Off-Catherine St Co Waterford
WATERFORD Waterford OPW Office Co Waterford
NEW ROSS New Ross Fmr GS Co Wexford
WEXFORD Wexford Gov Off — Anne Street Co Wexford
Consultancy Contracts
84. Deputy Micheál Martin asked the Taoiseach the public affairs, public relations and advertising
contracts that have been advertised by his Department since he has taken office.
[8594/11]
The Taoiseach: My Department has advertised no public affairs, public relations or advertising
contracts since I have taken office.
Oireachtas Committees
85. Deputy Eoghan Murphy asked the Taoiseach his plans to establish a human rights committee
as a stand-alone committee within the new Oireachtas committee system. [9015/11]
Minister of State at the Department of the Taoiseach (Deputy Paul Kehoe): I am currently
preparing proposals for a Committee system for the 31st Dáil, for consideration by the Government.
Once the Government has approved proposals, I will consult with the Opposition Whips
in relation to them.
In view of this, I am not in a position at present to comment on the detail of these proposals.
Ministerial Staff
86. Deputy Brendan Smith asked the Taoiseach the detail of all permanent Civil Service or
non-established positions who are in place in his Department in relation to assisting Ministers
with constituency work; the monthly salaries for these positions; and if any further appointments
are envisaged. [9144/11]
The Taoiseach: The table below outlines all permanent civil service and non-established
positions which are in place in my Department in relation to assisting me and the Ministers of
State assigned to my Department with constituency work.
Constituency Office Grade Monthly Salary
Taoiseach’s Constituency Office 1 Personal Assistant (non-established position) *
(Castlebar)
1 Personal Assistant (non-established position) *
Taoiseach’s Constituency Office 1 Personal Assistant (non-established position) *
(Government Buildings)
1 Personal Secretary (non-established position) *
1 Executive Officer (permanent Civil Servant) 4,181
Government Chief Whip’s 1 Personal Secretary (non-established position) *
Constituency Office (Enniscorthy)
Government Chief Whip’s 1 Staff Officer (permanent Civil Servant) 3,544
Constituency Office (Government
Buildings)
*The terms and conditions of employment for the staff who work in the constituency offices at non-established
positions are not yet finalised.
€
125

Questions— 3 May 2011. Written Answers
[The Taoiseach.]
The Minister of State for European Affairs has her constituency office located in Government
Buildings. The staff consists of one Personal Secretary (non-established position) and two Clerical
Officers (permanent Civil Servants). All three staff are paid by the Department of
Foreign Affairs.
There is one clerical vacancy to be filled in my constituency office. The Government Chief
Whip has one Personal Assistant vacancy yet to fill.
Ministerial Appointments
87. Deputy Brendan Smith asked the Taoiseach if he will list the details of all State appointments
open to direct choice by him on 10 March 2011. [9158/11]
The Taoiseach: The new National Economic and Social Council was appointed on 20 January
2011 and its term of office is for 3 years. Its membership is made on the basis of nominations
received from representatives of trade unions, business and employers, farmers’ organisations,
environmental sector, community and voluntary sectors, key government departments and
independent experts. No remuneration is payable for membership of the Council.
I have yet to appoint the 8 independent members to the Council.
National Statistics Board (NSB)
On 10 March 2011 there was one vacancy on the National Statistics Board. There are 8
members on the Board — the Director of the CSO is an ex-officio member.
Programme for Government
88. Deputy Seán Ó Fearghaíl asked the Taoiseach if in view of his statement to Dáil Éireann
that he has set specific targets for each Minister and Minister of State to deliver during the
Government’s first 100 days in office, if he will provide details of these specific targets.
[9516/11]
89. Deputy John McGuinness asked the Taoiseach the specific proposals in the programme
for Government for which he is responsible; the target dates which he has agreed in relation
to the delivery of these proposals; and if he will publish an implementation schedule. [9590/11]
The Taoiseach: I propose to take Questions Nos. 88 and 89 together.
As I have previously indicated to the House, the Programme for Government was adopted
by the Government at its first meeting as the framework for its work over coming years. It sets
out the policies and initiatives to be progressed over the term of the Government to tackle the
many and varied challenges facing the country.
My Department will be supporting the implementation of the Programme as a whole and it
will do this with a more explicit focus on its role as a Cabinet Office.
The procedures to reflect the new focus are being developed and will be announced shortly.
However, it is not my intention that the Department will exercise executive functions with
regard to the Programme for Government generally.
My Department will have specific responsibility in supporting the Chief Whip in advancing
the Programme’s proposals for Dáil reform and setting in train the necessary legislation for a
referendum to abolish the Seanad.
As regards the Governments first 100 days, the Programme for Government specifies that
the Government will produce a Jobs Initiative within the first 100 days. Work is well advanced
126

Questions— 3 May 2011. Written Answers
on this initiative with policy plans being developed by multiple Departments and Ministers.
Full details will be announced shortly.
It should be noted that the Government has already made substantial progress in meeting
its commitments under the Programme for Government. For example:
• the quarterly review mission under the EU/IMF Programme of Financial Support for
Ireland has been successfully concluded. The mission assessed the Programme to be
on track and that the targets in the Programme have been met, and agreed to changes
to reflect provisions in the Programme for Government.
• following completion of the solvency stress tests, decisions on the recapitalisation of
financial institutions have been made and a comprehensive strategy to reorganise and
reform the domestic Irish banks has been adopted.
• an integrated decision-making structure for dealing with the financial crisis, in the
shape of the Government Economic Management Committee, has been established.
• the Nyberg Report has been published and the Government has committed to holding
a referendum before the end of the year to strengthen the powers of Dáil Committees
to inquire into crucial issues of public concern, such as the banking crisis.
• Ministerial salaries have been reduced, as has the cost of Ministerial transport.
• legislation is being prepared on political donations and to enable the number of TDs
to be reduced.
• the number of Dáil sitting days has been increased through sitting during St. Patrick’s
week and shortening the Easter and summer breaks.
• the process of initiating a Comprehensive Spending Review has been initiated; and
• the Top-Level Appointments Committee is being revised so that its chairperson and
the majority of its members are drawn from outside the public sector.
Parliamentary Questions
90. Deputy Richard Boyd Barrett asked the Taoiseach the areas of policy on which he will
answer questions; and if he will make a statement on the matter. [9682/11]
91. Deputy Richard Boyd Barrett asked the Taoiseach the areas of social and economic
policy on which he will answer questions; and if he will make a statement on the matter.
[9683/11]
92. Deputy Richard Boyd Barrett asked the Taoiseach the areas of European affairs on
which he will answer questions and if these include discussions, agreements and pacts with our
EU partners and EU institutions; and if he will make a statement on the matter. [9684/11]
The Taoiseach: I propose to take Questions Nos. 90 to 92, inclusive, together.
I am responsible to the Dáil for the general activities of my Department and parliamentary
questions addressed to me must relate to public affairs connected with my Department, or to
matters of administration for which I am officially responsible.
127

Questions— 3 May 2011. Written Answers
[The Taoiseach.]
However, there are specific activities undertaken by officials of my Department for which I
do not have official responsibility e.g. decisions made in relation to freedom of information
applications or matters concerning release of files under the National Archives Act.
My responsibilities in relation to European Affairs include my participation in meetings of
the European Council and other key European summits, as well as bilateral meetings and
foreign visits.
Questions relating to international agreements and pacts, including those with EU partners
and institutions, generally fall for answer by the relevant Minister.
I am also accountable to the Dáil in a limited way in respect of a number of State offices,
for example, the legal offices of the State and the Central Statistics Office. By and large, I
answer questions in the House in relation to matters of administration connected with those
offices.
Similarly, the nature of my responsibility to the House in respect of any Tribunal or Commission
established “under the aegis” of my Department is confined primarily to the arrangements
relating to their establishment and ongoing administration.
The specific nature of my accountability in respect of my Department and those bodies
operating within its policy area has long been established by precedent in each.
Official Engagements
93. Deputy Richard Boyd Barrett asked the Taoiseach if he will provide a schedule of all his
forthcoming foreign engagements, meetings with foreign political leaders and meetings with
EU representatives; and if he will make a statement on the matter. [9685/11]
The Taoiseach: I have met with representatives of the IMF on the following occasions:
Wednesday 16 March 2011; and Tuesday 12 April 2011.
As regards future meetings, none have been specifically scheduled but it would be reasonable
to expect that I will meet with IMF representatives during their future review missions to
Ireland under the EU/IMF Programme. Currently, quarterly review missions have been provisionally
scheduled for:
• Mid-July 2011;
• Mid-October 2011; and
• Mid-January 2012.
It is likely that I will also attend the annual meeting of the IMF and the World Bank in
Washington D.C., which takes place in the Autumn each year.
94. Deputy Richard Boyd Barrett asked the Taoiseach if he will be meeting with representatives
of industry, business, trade unions and representatives of civil society to specifically discuss
job creation and economic recovery; the persons he is scheduled to meet and the dates of the
meetings; and if he will make a statement on the matter. [9686/11]
The Taoiseach: As I indicated in my reply in the Dáil on 30 March, I intend to meet with
the representative groups of social partnership in due course to outline the Government’s
approach to dealing with our current economic challenges and to explore how their activities
can enhance economic and social progress. These meetings have not yet been scheduled.
128

Questions— 3 May 2011. Written Answers
The Government values dialogue with the social partners, whether within the framework of
a formal agreement or otherwise, and recognises the contribution that social dialogue can make
to maximising common understanding across all sectors of society as we respond to the many
challenges facing the country.
Foreign Conflicts
95. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs in view of
the fact that the new Santos administration in Colombia has shown itself to be open to pursuing
a peace process in Colombia if he will propose that the UN appoint a special adviser on
Colombia with experience in peace processes in other parts of the world, in order to support
and advise the Colombian Government in the development of a peace process. [9017/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The Government of
Colombia has repeatedly stated its determination to bring an end to violence in Colombia
within the framework of the Justice and Peace Law, which provides an overall legal framework
for the demobilisation, disarmament and reintegration of illegal armed groups into Colombian
society. Since 2004, the Organization of American States (OAS) Mission to Support the Peace
Process in Colombia has provided verification and advisory support to Colombia on this process
and has supported peace efforts undertaken by Colombian institutions and communities.
Ireland is fully supportive of efforts to bring a peaceful resolution to the conflict in Colombia,
and to that end, has provided significant financial support to the OAS Mission to Support the
Peace Process in Colombia, including a grant of €100,000 in May 2010. In order to succeed, a
peace process in Colombia must tackle the various social and economic elements underlying
the conflict. Our approach, and that of the UN and the EU, is to assist and influence the
Colombian Government in a manner that results in economic and social development while
progressively improving human rights standards.
In his inauguration speech on 7 August 2010, President Santos set out clearly the conditions
for the opening of dialogue with illegal armed groups, including the FARC, namely the renunciation
of the use of violence and terrorist acts; the unconditional release of all hostages, the
release (and no further recruitment) of child-soldiers; and an end to the laying of antipersonnel
mines. However, the FARC continue to carry out kidnappings and attacks, including the shooting
dead of two Colombian soldiers as recently as 22 April.
In light of the developments I have outlined above, I do not consider it appropriate to seek
the appointment of an UN official to advise the Government of Colombia on the development
of a peace process in that country.
The Government will continue to monitor the situation in Colombia through our Embassy
in Mexico City, which is accredited to Colombia, as well as in cooperation with our EU partners
with resident diplomatic missions in that country.
Passport Applications
96. Deputy Terence Flanagan asked the Tánaiste and Minister for Foreign Affairs the position
regarding an Irish passport in respect of a person (details supplied) in Dublin 13; and if
he will make a statement on the matter. [9085/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The Passport Service
has no record of a passport application for the person concerned.
Ministerial Staff
97. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs the detail of
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[Deputy Brendan Smith.]
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all permanent Civil Service or non-established positions which are in place in his Department
in relation to assisting Ministers with constituency work; the monthly salaries for these positions;
and if any further appointments are envisaged. [9140/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The following are the
intended staffing arrangements and associated monthly salary costs by grade for my constituency
office and those of Ministers of State O’Sullivan and Creighton. These arrangements
are in line with the Government’s decision of 15 March 2011 to reduce maximum permitted
constituency office staffing levels for Ministers of the Government and Ministers of State.
Clerical Officers are established Civil Servants. Personal Assistants and Personal Secretaries
occupy non-established posts.
Tánaiste and Minister for Foreign Affairs and Trade
Number/Grade
Average monthly salaryby grade
€
1 Personal Assistant 4,157
1 Personal Secretary 2,982
2 Clerical Officers 2,314 Standard Scale
2,522 PPC Scale
Minister of State for Trade and Development
Number/Grade
Average monthly salaryby grade
€
1 Personal Assistant 4,157
1 Personal Secretary 2,982
1 Clerical Officer 2,314 Standard Scale
2,522 PPC Scale
Minister of State for European Affairs
Number/Grade
Average monthly salaryby grade
€
1 Personal Secretary 2,982
2 Clerical Officers 2,314 Standard Scale
2,522 PPC Scale
Personal Pension Contribution (PPC) scales apply to officers employed since 6 April 1995 who
pay the Class A rate of PRSI and also make a personal pension contribution.
Ministerial Appointments
98. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs if he will
list the details of all State appointments open to direct choice by him on 10 March 2011.
[9154/11]
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Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): There are four bodies
operating under the aegis of my Department to which I make appointments as the Minister for
Foreign Affairs and Trade. These are: the Ireland-United States Commission for Educational
Exchange (the Fulbright Commission); the Development Education Advisory Committee, the
Irish Aid Expert Advisory Group, and the Emigrant Services Advisory Committee.
The Fulbright Commission, while not a State body, was established on a statutory basis in
1991. The Minister for Foreign Affairs has certain specific statutory responsibilities in respect
of the Commission, including the appointment of four of its eight member Board for a twoyear
period. In October 2010, the then Minister appointed three members to the Board. The
fourth board member’s term expires shortly.
The Government’s Emigrant Services Advisory Committee was set up in 1984 to advise
the Government on the welfare of the Irish community in Britain. The Committee has a
membership of twelve persons. The Chair and Secretary are both officers of the Embassy in
London, while the ten other Committee members serve in a voluntary capacity. Following
the expiration of the term of the previous Committee on 31 December 2010, I appointed the
ten voluntary members to the Committee on 11 April 2011, in consultation with Embassy
London and the Irish Abroad Unit in my Department.
The Development Education Advisory Committee (DEAC) was established in 2003 following
the recommendations of the Ireland Aid Review Committee. It has ten members,
eight of whom are appointed directly by the Minister for Foreign Affairs and two appointed
on the nomination of other bodies. Its purpose is to advise the Minister, Minister of State
and Irish Aid on policy regarding development education. In April 2010 the membership of
the Committee was renewed by the then Minister for a further two-year term.
Acting on a recommendation contained in the Irish Aid Management Review adopted by
the Government in 2009, an Irish Aid Expert Advisory Group (IAEAG) was established in
2010. The Group consists of seven members, six of whom are appointed directly by the
Minister for Foreign Affairs and one on the nomination of another body. The role of the
Group is to offer independent expert advice to the Minister and Minister of State on the
strategic direction of the aid programme. Members of the Advisory Group were appointed
by the then Minister in July 2010 for a three year term.
Military Neutrality
99. Deputy Eoghan Murphy asked the Tánaiste and Minister for Foreign Affairs his understanding
of the concept of military neutrality; the way this differs from neutrality and the extent
to which both these concepts must evolve in relation to our membership of the European
Union post entry in to force of the Lisbon treaty. [9529/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): In the strict sense of
international law and practice, the question of neutrality does not arise during peacetime but
only during a state of war, when the neutrality of a state would be embodied in an attitude of
impartiality towards the belligerents. Ireland is one of a number of States which proclaims to
pursue a policy of neutrality or non-alignment in peacetime. It is a matter for each of these
States to determine the nature and characteristics of its policies. Ireland’s traditional policy of
military neutrality, which has been pursued by successive Governments, is characterised by
non-participation in military alliances.
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[Deputy Eamon Gilmore.]
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This is not a policy of isolationism and is fully consistent with Ireland’s foreign policy of
active international engagement. The values on which our traditional policy of military neutrality
rests inform Ireland’s broader foreign policy, including through our participation in
international peacekeeping, our contributions to conflict resolution and peacebuilding, our
work for human rights and development, and our efforts to promote disarmament and the
elimination of weapons of mass destruction.
Indeed, it is these very same values which have underpinned and motivated Ireland’s long
and distinguished record of support for and participation in military operations sanctioned by
the United Nations Security Council in the cause of international peace and security.
The EU’s Common Security and Defence Policy (CSDP), as set out in the Lisbon Treaty, is
an integral part and operational arm of the Union’s Common Foreign and Security Policy
(CFSP). The CSDP is entirely consistent with Ireland’s values and interests, including the
primacy of the United Nations in the maintenance of global peace and security. While the
CSDP is an evolving process directed towards the achievement of ever-greater effectiveness,
successive Treaties since the Maastricht Treaty have stipulated that Union policy in this area
shall not prejudice the specific character of the security and defence policy of certain member
States.
Ireland’s participation in a European common defence is prohibited by Article 29.4.9 of the
Constitution. Any change in that position could take place only with the approval of the people
in a referendum to amend the Constitution.
Programme for Government
100. Deputy John McGuinness asked the Tánaiste and Minister for Foreign Affairs the specific
proposals in the programme for Government for which he is responsible; the target dates
which he has agreed in relation to the delivery of these proposals; and if he will publish an
implementation schedule. [9586/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The Programme for
Government contains a number of proposals that are wholly or partly the responsibility of the
Department of Foreign Affairs. These include proposals related to repairing Ireland’s reputation
in the EU and the wider international community; Ireland’s Overseas Development Aid
programme and its review; matters relating to Northern Ireland; and consideration of the
transfer of the passport service to the Department of Justice. Details on how these proposals
are being addressed are outlined below. While the majority of the proposals will span the
lifetime of the Programme, where target dates are applicable these have been included. The
Programme for Government contains an explicit commitment to restore Ireland’s standing as
a respected and influential member of the European Union and the wider international community.
This work is already underway and implies the need for a broad effort, across Government
and administration, of engagement with EU institutions and with EU partners bilaterally,
as well as with our international partners.
At Government level, Ministers have been availing, in particular, of opportunities to meet
their EU colleagues and with representatives of the European institutions. These efforts will
intensify in the coming months. The channels open to us through membership of wider European-level
political groupings are also being exploited.
I have availed of meetings of EU Foreign Ministers to meet High Representative Ashton
and to establish personal contacts with my EU colleagues. Similarly my colleague, Minister of
State Creighton has availed of visits to Brussels and Luxembourg to meet representatives of
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Questions— 3 May 2011. Written Answers
the institutions and her counterparts. Over the months ahead we will continue to maximise all
opportunities arising from our presence at the scheduled meetings of the Council of Ministers
to arrange bilateral exchanges with key interlocutors, both among the member States and in
the institutions and bodies including the Commission, European Parliament and European
External Action Service.
On 19 April I invited EU Ambassadors to Iveagh House to set out the Government’s analysis
of the economic situation facing the country, seek the understanding and support of partners
for our course of action, and also to underline the desire of the Government to engage constructively
and more widely on the range of issues on the European agenda. I will be meeting non-
EU Ambassadors later this week.
The Irish embassy network plays a crucial part in the process of national recovery. Irish
embassies are tasked on the one hand with transmitting the Government’s economic message,
and the context for it, to key decision-makers in the EU and beyond; on the other hand they
provide vital insights on the views and policies of partners. I have called a conference of all
Irish Ambassadors to be held on 1 and 2 June in Dublin, which will have an emphasis on
economic and commercial themes, both in an EU and wider international context. The conference
is being organised in conjunction with the main State Agencies in the economic and
trade promotion sector.
Embassies are already actively engaged in emerging markets, and in the BRIC countries in
particular, in-line with the current Strategy for Trade, Tourism and Innovation. Embassies and
State Agencies in these countries have detailed market plans and are actively pursuing specific
targets. This effort will be strengthened with the transfer of responsibilities for foreign trade
promotion to my Department. Discussions between officials regarding the practical arrangements
for the transfer are well advanced and it is anticipated that they will be completed
shortly.
In recognition of the important role the Global Irish Network can play in our economic
recovery, I wrote to all members of the Network on 20 April drawing their attention to the
priorities set out in the Programme for Government. My letter acknowledged the contribution
made by network members in assisting Embassies and State Agencies in the trade and economic
area, and indicated that I would be interested in any specific proposals which members
may have which would facilitate job creation in Ireland or would enhance the export potential
of our indigenous companies.
In relation to overseas development assistance, we have made a commitment to review the
2006 White Paper on Irish Aid. I expect that the review will be carried out over the coming
year. It will involve consultation with the public and with all interested parties, and will take
account of the achievements of the aid programme to date and the changes in the national and
international context since 2006.
With regard to the proposal to unite NGOs providing humanitarian aid, officials from my
Department have already met representatives of Irish-based humanitarian NGOs to discuss
the proposal to establish a disaster and emergency committee in Ireland. We have also begun
discussions with the Irish development NGOs regarding opportunities for job seekers to share
their skills in developing countries.
The Programme for Government states clearly our commitment to the 0.7% GNP target and
to seeking to achieve it by 2015. This is in line with the long-standing UN target for Official
Development Assistance, and with the commitment of the European Union. It is clear that, in
current circumstances, this will be a challenging target to meet. However, the Government was
elected to face up to the challenges of rebuilding our society and our economy, of restoring
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[Deputy Eamon Gilmore.]
Questions— 3 May 2011. Written Answers
economic growth and our international reputation. I believe that we can do this without
undermining our work to improve the lives of some of the world’s poorest people.
Minister of State O’Sullivan recently met representatives of Shannon Airport to discuss the
proposal that it be made a hub for the storage and distribution of emergency humanitarian
supplies. We will continue to discuss the issues involved with Shannon Airport and to facilitate
contact between Shannon and the relevant international humanitarian agencies as the proposal
is further advanced in the months ahead.
As Minister for Foreign Affairs and Trade, I also have responsibility for leading on implementation
of the Northern Ireland sections of the Programme for Government. The Government
looks forward to working with the new Northern Ireland Executive and Assembly, following
its election in the coming weeks, to advance progress on the full implementation of all
Agreements and to drive forward the North-South agenda. We will have an early opportunity
to take forward this important agenda at the first meeting of the North South Ministerial
Council with the new Executive scheduled for 10 June.
Lastly, with regard to the possible transfer of the Passport Service to the Department of
Justice to operate as an Independent Executive Agency under the aegis of that Department,
officials in my Department are currently examining the issues associated with this commitment
and I expect to take a position on this matter within the coming months.
Passport Applications
101. Deputy John Lyons asked the Tánaiste and Minister for Foreign Affairs the position
regarding the renewal of a passport in respect of a person (details supplied). [9782/11]
Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The passport application
was submitted at the end of January through the ordinary post, rather than the recommended
Passport Express Service operated by An Post. When examined the photographs supplied
did not meet the Passport Service photo guidelines, which are based on internationally
accepted standards. The Passport Service wrote to the applicant requesting new photographs,
which have been received. I can confirm that the passport application was approved on 28
April and the passport has now issued to the applicant.
Motor Taxation
102. Deputy Mary Mitchell O’Connor asked the Minister for Finance if he will consider
including road tax in the price of fuel in order to ensure that those who drive more pay more
and bearing in mind the environmental benefits and the opportunity for better use of Garda
time by removing the need to check tax discs and oversee the prosecution of those not in
possession of same; and if he will make a statement on the matter. [9031/11]
Minister for Finance (Deputy Michael Noonan): The Deputy’s proposal favours tax revenue
being solely based on usage of a car, through fuel consumption, rather than ownership upon
which motor tax is determined. This is often argued as the most favourable option from an
environmental perspective as it embraces the ‘polluter pays principle’. In an Irish context motor
tax revenue is allocated to local authorities so this complicates the proposal somewhat.
In addition, motor tax (and VRT) have been reformed in recent years in order to stimulate
interest in low emission cars which in turn has led to enhanced sales of more fuel efficient
vehicles. This development has been welcomed by both motorists and the motor trade. Consequently
it would seem premature to effectively reverse this significant policy change at this
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Questions— 3 May 2011. Written Answers
early juncture. Furthermore, replacing the revenue collected from motor tax would require a
significant increase in excise duty on petrol and auto-diesel.
Illicit Trade in Tobacco Products
103. Deputy Brendan Griffin asked the Minister for Finance his plans to tackle the problem
of the counterfeit tobacco trade here; and if he will make a statement on the matter. [9242/11]
Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commissioners,
who are responsible for the collection of tobacco products tax and for tackling the
illicit trade in cigarettes and tobacco products, that Revenue employs a multi-faceted strategy
to deal with the problem of such illicit trade. This enforcement approach does not by its nature
differentiate between counterfeit tobacco product and contraband product on which duty has
not been paid in the State. The strategy involves ongoing analysis of the nature and extent of
the problem, developing and sharing intelligence on a national, EU and international basis and
ongoing review of operational policies. It also includes the development of analytics and detection
technologies and the optimum deployment of resources at points of importation and inland
in order to intercept illicit product and to prosecute those involved.
Revenue enforcement officers are deployed at all key ports and airports. Personnel deployed
at these locations are regularly supported by additional staff from other areas when specific
operations are taking place. Interception at the point of importation is achieved through a
combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage
and postal packages.
Revenue enforcement officers also target this illicit trade at post-importation level by carrying
out intelligence-based operations as well as random checks at retail outlets, markets and
private and commercial premises. Revenue and an Garda Síochána also carry out regular multiagency
operations, particularly in relation to large maritime importations and in checks at
inland markets.
In July of last year Revenue launched a nationwide tobacco operation, which concentrated
additional Revenue resources at ports, airports and at various retail points for the purpose of
identifying illicit tobacco products. This resulted in 561 seizures totalling 13.7m cigarettes and
195 kgs tobacco in the course of the two-week period of the operation. Two subsequent 3-day
operations during 2010 resulted in the seizure of over 1.76m cigarettes and 175 kgs of tobacco.
In two similar operations carried out in 2011, a total of 580 seizures were made, comprising
7.4m cigarettes and 167kgs tobacco.
The Revenue Commissioners have established a high level internal group, chaired at Commissioner
level, to examine the risks related to tobacco products tax and to oversee and optimise
the detection of counterfeit and contraband tobacco products. This group has promoted a
number of initiatives aimed at counteracting the illicit trade in tobacco. These include improved
profiling of passengers and freight to identify tobacco smugglers and the establishment of a
confidential tobacco hotline via which members of the public and the retail trade may report
illicit trade. It also co-ordinates national blitz-style operations.
In terms of detection equipment, a second mobile X-ray container scanner, to augment the
one first deployed in 2006, was commissioned by Revenue in January 2010 and is now fully
operational. Smaller baggage/parcel scanners are deployed at all major ports, airports and
postal depots. In addition to the X-ray equipment, Revenue also uses a tobacco detection dog.
This strategy has resulted in the seizure of a total of 178.3m cigarettes (111m of which were
determined to be counterfeit) with a retail value of approximately €75.3m and 3,369 kgs of
135

[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
tobacco with a retail value of approximately €1.2m during the period January to December
2010.
In addition, during the period January to March 2011, a total of 29.7m cigarettes (19.5m of
which were counterfeit) and 818 kgs tobacco were seized by Revenue.
Official Engagements
104. Deputy Richard Boyd Barrett asked the Minister for Finance if he will provide a schedule
of all his meetings with International Monetary Fund representatives; and if he will make
a statement on the matter. [9685/11]
Minister for Finance (Deputy Michael Noonan): I have met with representatives of the IMF
on the following occasions: Wednesday 16 March 2011; and Tuesday 12 April 2011.
As regards future meetings, none have been specifically scheduled but it would be reasonable
to expect that I will meet with IMF representatives during their future review missions to
Ireland under the EU/IMF Programme. Currently, quarterly review missions have been provisionally
scheduled for:
• Mid-July 2011;
• Mid-October 2011; and
• Mid-January 2012.
It is likely that I will also attend the annual meeting of the IMF and the World Bank in
Washington D.C., which takes place in the Autumn each year.
State Agencies
105. Deputy Richard Boyd Barrett asked the Minister for Finance if he has any responsibility
vis-à-vis State and State sponsored bodies to ensure their accountability to both Government
and the public; and if he will make a statement on the matter. [9687/11]
Minister for Finance (Deputy Michael Noonan): The Government is committed to ensuring
that State agencies are accountable to the Government, the Oireachtas and the public. As the
Deputy may be aware, the Programme for Government sets out a number of reforms that will
be undertaken in this area. These include issues such as appointments to State boards, the role
of boards, the extension of the Parliamentary Question system, the introduction of a requirement
that chief executives attend the relevant Oireachtas committee on a regular basis to
answer questions, and the extension of the provisions of the Freedom of Information Acts. The
Annual Output Statements were introduced in 2007 to provide a means of setting out information
on the performance of organizations, alongside the presentation of their financial
resource requirements in the annual Estimates process. The Government Programme includes
a commitment to improve upon these processes and to sharpen the focus upon performance
and accountability. It is not enough for organisations and State agencies to be transparent
about what they are spending; the public are entitled to know what they are delivering, and
this is what the Government is determined to bring about. I will be developing models for
progressing this aspect of the reform agenda in the near future with a view to early implementation.
In terms of financial accountability, many of the non-commercial state bodies are accountable,
on a legislative basis, to the Public Accounts Committee. In addition, the Orders of
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Questions— 3 May 2011. Written Answers
Reference from Dáil Éireann have given the Public Accounts Committee powers to “send for
persons, papers and records”, which gives the Committee considerable scope to enquire in
detail into public spending and related matters of public interest.
In the case of agencies with no specific legislative requirements for accountability to the
Dáil, any amendment of legislation would be a policy matter for the relevant Ministers in the
first instance. I will, however, keep the matter under review and would generally agree that, as
legislation relating to individual State agencies is renewed, the question of formally designating
CEOs as accountable persons to the Dáil should be considered.
Departmental Staff
106. Deputy Michael McGrath asked the Minister for Finance if he will provide details of all
the senior civil servant posts that will not fall under the remit of the Top Level Appointments
Committee; the rationale for excluding such posts from the committee; and if he will make a
statement on the matter. [9743/11]
Minister for Finance (Deputy Michael Noonan): The following senior civil service posts are
filled by the Government and do not come within the TLAC arrangements:
• Secretary General to the Government and of Department of the Taoiseach;
• Secretary General, Department of Finance;
• Secretary General, Department of Public Expenditure and Reform;
• Secretary General, Department of Foreign Affairs;
• Secretary General to the President;
• Chairman, Office of the Revenue Commissioners.
Because of the particular characteristics of these posts it is considered that the Government
should have full discretion in deciding who to appoint to them and not be confined to a short
list drawn up by the Top Level Appointments Committee. This has been the approach adopted
by Government since the establishment of the TLAC in 1984.
Tax Code
107. Deputy Clare Daly asked the Minister for Finance his views on the retention of the
VAT exempt status of printed books; his plans to abolish the VAT rate on e-books; and if he
will make a statement on the matter. [9769/11]
Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners
that the VAT rating of goods and services is subject to the requirements of EU VAT law with
which Irish VAT law must comply. In so far as the supply of printed matter is concerned, three
different rates may apply. The general position is that books are zero-rated, newspapers and
periodicals are subject to VAT at the reduced rate (currently 13.5%) and stationery and other
printed matter are liable at the standard rate (currently 21%). The zero rate applies to printed
books, including atlases, children’s picture, drawing and colouring books and books of music.
The reduced rate applies to newspapers and periodicals, including sectoral publications (sports,
fashion, etc.), holiday brochures, prospectuses, catalogues and maps. The standard rate applies
to a wide range of printed goods, including stationery, calendars, greeting cards, diaries, yearbooks
and posters. Under the EU VAT Directive, all digitised publications, regardless of their
rate when printed (for example, a book liable at zero rate), are treated as the supply of a
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[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
service liable at the standard rate of VAT. E-books, online newspaper subscriptions and online
information services purchased via download over the Internet are also considered the supply
of services liable for VAT at the standard rate. The EU position is that digital information
services are not the direct equivalent of traditional printed products, including books. Even
where the content is similar, the additional functionality (e.g. search facilities, hyperlinks,
archives etc) associated with electronic content produces a fundamentally different product.
Local Authority Charges
108. Deputy Clare Daly asked the Minister for Finance the way he will deal with the implementation
of the new rateable valuation system for calculating local authority rates. [9770/11]
Minister for Finance (Deputy Michael Noonan): The Valuation Act 2001 which came into
effect on 2nd May, 2002, provides for the revaluation of all commercial and industrial property.
The Commissioner of Valuation has sole responsibility for all valuation matters under the
Valuation Act 2001, which includes the implementation of the revaluation programme on a
nationwide basis.
The revaluation programme began in November 2005 in the South Dublin County Council
area and has since been rolled out to the areas covered by Fingal and Dún Laoghaire-Rathdown
County Councils. The revaluation of South Dublin was completed in December 2007, Fingal
was completed in 2009 and Dún Laoghaire- Rathdown was completed in 2010. In the next
phase, the revaluation of the Dublin City Council area will commence with the signing of the
valuation order on 5th May, 2011. This will entail the valuation of circa 25,000 properties and
the new list will be published in December 2013. It is intended to roll out the programme to
further local authority areas later in 2011 and the necessary process of consultation, as provided
for under the Act, is underway with the local authorities of Waterford, i.e. Waterford City and
County Council and Dungarvan Town Council. Preliminary work is also underway on the
revaluation of Limerick City.
The Commissioner is actively reviewing options which might hold potential for accelerating
the delivery of the revaluation programme within a shorter timeframe. My officials are also
reviewing various provisions of the Valuation Act, such as streamlining the appeals process, to
see if greater efficiencies can be achieved.
National Anthem
109. Deputy Maureen O’Sullivan asked the Minister for Finance if the copyright to the
National Anthem expires on 31 December 2012; and if the State holds the copyright to the
various Irish language translations that have been made since 1917. [9874/11]
110. Deputy Maureen O’Sullivan asked the Minister for Finance his views on the fact that the
currently used translation of the Soldiers Song by Peadar Kearney has explicit party political
connotations; and if he will make a statement on the matter. [9875/11]
Minister for Finance (Deputy Michael Noonan): I propose to answer Questions Nos. 109 and
110 together.
In response to the Deputy’s question, my Department holds the copyright in the National
Anthem. The principal reasons for holding the copyright are to ensure that it is freely available,
to prescribe that performance fees are not to be charged or collected in respect of the use of
the National Anthem, and to ensure that it is not used in an inappropriate context and without
due deference, such as to render it an object of scorn or derision.
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Questions— 3 May 2011. Written Answers
Statutory Instrument No. 158 of 1995 European Communities (Term of Protection of
Copyright) Regulations provided for the extension of the term of protection of literary, dramatic
and artistic works to the lifetime of the author and a period of 70 years after the author’s
death irrespective of the date when the work is published or otherwise lawfully made available
to the public’’. As Peadar Kearney’s death took place in November 1942 copyright on the
national anthem will expire in December 2012.
The state does not hold copyright in respect of the various Irish language translations that
have been made since 1917. I am however satisfied that the current version of the National
Anthem as published on the Department of the Taoiseach’s website is the appropriate and
correct interpretation of the words as composed by Peadar Kearney.
Question No. 111 answered with Question No. 67.
Fiscal Policy
112. Deputy Michael McGrath asked the Minister for Finance in view of the downward
growth forecasts for the economy here, if the required fiscal adjustment for 2012 remains at
€3.6 billion in accordance with the EU-International Monetary Fund programme or if it has
been adjusted to reflect the less optimistic growth predictions. [9752/11]
Minister for Finance (Deputy Michael Noonan): The Stability Programme Update submitted
to the European Commission and published on my Department’s website on Friday last, 29th
April forecasts the 2012 General Government deficit at 8.6% of GDP. This forecast is based
on the implementation of a budgetary adjustment of €3.6 billion in 2012. This is consistent with
the Joint EU/IMF Programme of Financial Support for Ireland and is in accordance with this
Government’s commitment to adhere to the aggregate budgetary adjustment for the combined
period 2011/2012, as set out in that Programme.
This updated forecast of the 2012 General Government deficit is somewhat higher than the
Budget 2011 forecast for 2012, reflecting the cost of additional borrowing associated with the
banking recapitalisations announced in March, the weaker economic outlook and its impact on
potential tax revenue generation.
However, the forecast 2012 General Government deficit is within the terms of the revised
EDP Recommendation issued by the ECOFIN Council in December 2010.
The 2012 General Government deficit forecast will of course be subject to further revision
later this year as more up-to-date economic and fiscal data become available. Taking into
account all information — both positive and negative — I will then bring forward my Budget
for 2012 in December as is the norm. At this point, I see no reason to change the aggregate
amount of consolidation needed.
Banking Sector Regulation
113. Deputy Shane Ross asked the Minister for Finance if he is satisfied with the decision of
AIB public interest directors to approve the payment of a €3 million compensation package to
the last chief executive (details supplied) of AIB; if he intends to support their continuation in
office; and when he intends to make further appointments to the boards of banks. [9900/11]
Minister for Finance (Deputy Michael Noonan): The Taoiseach has already made clear to
the House the Government’s very serious concerns regarding the payments made to the former
Managing Director of the bank, particularly in light of the huge commitment of public resources
made to support the bank and the public interest obligations which arise from that support.
My officials are investigating a number of issues relating to the circumstances in which these
139

[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
payments were approved by the Board and made to the Managing Director. The Deputy will,
I hope, appreciate that in order to ensure that these investigations are not prejudiced in any
way I do not wish to say anything further on these matters at this stage. However, I will of
course advise the House of the findings of this process in due course. I also wish to advise the
Deputy that following a request from my Department the National Treasury Management
Agency, which has legal responsibility for managing the State’s shareholder relationship with
the banks, has recently written to all the covered institutions in requesting that they undertake
a review of remuneration practice, that they have further discussion with the Department of
Finance ahead of any commitment to additional redundancy payments, and that the bank does
not commit to further termination payments until after the review is completed. An analysis
of severance entitlements has also been requested. In addition, the Deputy will be aware that
in my statement on the Nyberg Report in this House on 20 April 2011, I set out a number of
measures designed to strengthen Bank boards and bank management. These measures provide
that the Chairman of each institution provides me and the NTMA with a Board Renewal Plan.
Each institution will also be asked to provide a Management Renewal Plan. The Board
Renewal Plan will set out for each institution the steps to ensure that the skills and competence
levels of board members are fully adequate to meet the demands of the current and future
banking system. In this regard, a programme of rotation of board members, commencing with
board members appointed before September 2008, will be expected to be part of the plan. This
will provide for a smooth process which will ensure the succession of incumbent board members
who were in place before September 2008. I expect this succession to be completed by 2012.
Finally, my Department recently placed advertisements in the national papers seeking
expressions of interest from suitably qualified persons for inclusion among those to be
appointed or nominated to Boards of Directors of Banks. This gives all persons who are
interested in and qualified to act as Directors the opportunity to advise me of their interest.
The advertising for expressions of interest should ensure a high calibre field from which Directors
may be chosen and makes the process more open and transparent. It is part of the commitments
given in the Programme for Government to re-structure bank boards and replace directors
who presided over failed lending practices. The closing date for receipt of expressions of
interest is Thursday 12 May.
Tax Code
114. Deputy Patrick O’Donovan asked the Minister for Finance the position regarding an
application for a refund of stamp duty lodged in respect of a person (details supplied) in
accordance with the stamp duty exemption to young trained farmers scheme during 2010.
[9019/11]
Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners
that on 27 April 2011 they last contacted the representative in this case requesting a correctly
completed return. Following receipt of the return, the application for the refund will be
considered.
115. Deputy John Lyons asked the Minister for Finance the position regarding an application
for a reassessment of tax in respect of a person (details supplied) in County Kildare. [9023/11]
Minister for Finance (Deputy Michael Noonan): I have been advised by the Revenue Commissioners
that they have received correspondence recently from the person concerned in
relation to this matter. A PAYE Balancing Statement (P21) for the year 2010 will issue to the
person concerned shortly.
140

Questions— 3 May 2011. Written Answers
An tSeirbhís Phoiblí
116. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh
an Stát dá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná
€80,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9101/11]
117. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh
an Stát dá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná
€100,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9102/11]
118. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh
an Stát dá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná
€110,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9103/11]
119. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh
an Stát dá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná
€150,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9104/11]
120. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh
an Stát dá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná
€200,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9105/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 116 to
120, inclusive, together.
Cheana féin, in 2009 agus 2010, tá laghdú shubstaintiúil gearrtha ar phá Sheirbhísigh Phoiblí.
Mar a d’iarr an Teachta tugtar anseo thíos, an coigilteas measta de bharr laghdú de 10% a
ghearradh ar thuarastail atá níos airde ná an táirseach tuarastail.
Coigilteas de bharr laghdú de 10% i leith Seirbhísigh Phoiblí, ar theact isteach ós cionn:
Meastachán
2009 2010
€ €m
200,000 1.4
150,000 49
110,000 62
100,000 97
80,000 213
Faoín gCómhaontú PS 2010-2014, tá an Rialtas tiomanta nach gcuirfear aon laghdú breise ar
phá sa tSeirbhís Phoiblí i bhfeidhm, a fhad a dhéanfar na gealltanas um athruithe, atá luaite sa
Chómhaontú, a chomhlíonadh.
Tax Reliefs
121. Deputy Finian McGrath asked the Minister for Finance the position regarding tax credits
in respect of a person (details supplied) in Dublin 9. [9110/11]
Minister for Finance (Deputy Michael Noonan): I have been advised by the Revenue Commissioners
that they have been in touch with the individual concerned with a view to facilitating
his claim for additional relief due in respect of increased bin charges since 2007.
141

Questions— 3 May 2011. Written Answers
Departmental Properties
122. Deputy Brian Stanley asked the Minister for Finance the premises the State is renting
or leasing in each of the Twenty-six Counties for each Department; the amount of rent paid
for each premises; if the premises are occupied; if not, the period they are vacant; the cost of
unoccupied premises to date; if the premises are subject to an upward only rent review; and if
he will make a statement on the matter. [9114/11]
Minister of State at the Department of Finance (Deputy Brian Hayes): The Office of Public
Works, based on current indicative information, rents 332 buildings for the purposes of providing
office accommodation for various Government Departments throughout the 26 counties.
This involves a stock of some 396 leases, which involve part or whole building, with certain
buildings attracting multiple leases. 140 of these leases are subject to an “Upward Only” rent
review clause.
OPW is currently collating information on vacant space and this information will be forwarded
to the deputy when the details are available.
The following table schedules this information including County, Location, Building Name,
Rent per Annum and an “Upward Only” rent review identifier.
County Location Building Name Rent PA Upward
Rent RVW
CARLOW CARLOW Carlow Education Office 27,500.00
CARLOW CARLOW Carlow Government Office Church 37,500.00
Street
CARLOW CARLOW Carlow Probation & Welfare 18,030.28
Service
CARLOW CARLOW Carlow Temporary 69,436.00 Y
Decentralisation Office (D/ETE)
CARLOW CARLOW Carlow Vehicle Registration Office 60,967.50
CAVAN BAILIEBOROUGH Bailieboro SWO 13,250.00
CAVAN CAVAN Cavan Driver Testing Centre 20,500.00
CAVAN CAVAN Cavan Government Office Elm 38,750.25
House
CAVAN CAVAN Cavan Government Office Elm 18,958.50
House
CAVAN CAVAN Cavan Government Office Elm 21,312.55
House
CAVAN CAVAN Cavan Government Office Elm 34,188.00
House
CAVAN CAVAN Cavan Government Office Elm 29,920.00
House
CAVAN CAVAN Cavan Government Office 122,200.00
Newcourt Shop Centre
CLARE ENNIS Ennis Education Office 50,000.00
CLARE ENNIS Ennis Education Office 50,000.00
CLARE ENNIS Ennis Justice Welfare 13,205.28
CLARE KILRUSH Kilrush Decentralised Revenue 85,050.00 Y
Office.
CLARE KILRUSH Kilrush SWO 1,650.66
CLARE SHANNON Shannon Driving Test Centre 4,950.00
CLARE SHANNON Westpark Business Campus Build 32,480.00
4000
142
€

Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
CORK BANDON Bandon School Inspectors Office 26,750.00
CORK BANDON Bandon SWO 15,300.00
CORK BANTRY Bantry Customs and Excise 28,000.00
CORK BANTRY Bantry SWO -6MainStreet 5,000.00
CORK BANTRY Bantry SWO -7MainStrret 24,000.00 Y
CORK CARRIGALINE Carrigaline DSFA Office 103,940.00 Y
CORK CASTLETOWNBERE Castletownbere SWO 12,220.00
CORK CLONAKILTY Clonakilty SWO 9,500.00
CORK CORK Cork Airport CSO 2,295.00
CORK CORK Cork Customs & Excise Centre 48,000.00 Y
Park House
CORK CORK Cork Customs & Excise Centre 110,000.00 Y
Park House
CORK CORK Cork Customs & Excise Centre 43,940.00 Y
Park House
CORK CORK Cork Education Office 240,000.00
CORK CORK Cork Environment Office 76,773.52 Y
CORK CORK Cork Government Office Connolly 17,000.00
Hall
CORK CORK Cork Government Office Connolly 28,000.00
Hall
CORK CORK Cork Government Office 321,500.00
Hibernian House
CORK CORK Cork Government Office 21,000.00
Hibernian House
CORK CORK Cork Government Office 20,677.48
Hibernian House
CORK CORK Cork Government Office Irish Life 190,800.00
Building
CORK CORK Cork Government Office Irish Life 61,448.00 Y
Building
CORK CORK Cork Government Office Irish Life 69,914.52 Y
Building
CORK CORK Cork Government Office Irish Life 14,250.00
Building
CORK CORK Cork Government Office Irish Life 205,933.00
Building
CORK CORK Cork HIQA Decentralised Office 370,420.00
CORK CORK Cork Marine Office 58,500.00 Y
CORK CORK Cork Marine Office 53,320.00 Y
CORK CORK Cork Probation & Welfare Service 300,368.00
Cove Street
CORK CORK Cork Probation & Welfare Service 9,523.04
Grattan Street
CORK CORK Cork SWO - ESB Premises 120,000.00 Y
CORK DUNMANWAY Dunmanway SWO/CSO Office 15,250.00
CORK FERMOY Fermoy Education Office 3,500.00
CORK FERMOY Fermoy SWO - Connolly Street 15,300.00 Y
CORK MACROOM Macroom Bowl Road SWO 11,400.00
CORK MALLOW Mallow Farm Devopment Service 11,000.00 Y
CORK MALLOW Mallow SWO 33,846.14
143

[Deputy Brian Hayes.]
Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
CORK SKIBBEREEN Skibbereen Forestry Office 11,700.00 Y
CORK SKIBBEREEN Skibbereen Driving Test Centre 5,873.81
CORK YOUGHAL Youghal SWO - Main Street 12,000.00
DONEGAL BALLEYBOFEY Ballybofey SWO 15,000.00
DONEGAL BALLYSHANNON Ballyshannon Marine Office 10,234.09
DONEGAL BALLYSHANNON Ballyshannon Maritime Office 25,000.00 Y
DONEGAL BALLYSHANNON Ballyshannon Maritime Office 3,380.00
DONEGAL BUNCRANA Buncrana Government Offices 11,935.54
DONEGAL BUNCRANA Buncrana SWO 33,000.00
DONEGAL DONEGAL Donegal Driver Testing Centre 23,260.00 Y
DONEGAL DUNFANAGHY Dunfanaghy SWO 22,000.00
DONEGAL FALCARRAGH Falcarragh SWO 10,400.00
DONEGAL GLENTIES Glenties Marine Forestry Office 7,000.00
DONEGAL GREENCASTLE Greencastle Marine Office 2,310.92
DONEGAL KILLYBEGS Killybegs Government Office 12,000.00
DONEGAL LETTERKENNY Letterkenny Driving Test Centre 15,000.00 Y
DONEGAL LETTERKENNY Letterkenny Education Office 41,896.00
DONEGAL LETTERKENNY Letterkenny Probation & Welfare 80,000.00
Main Street
DONEGAL LETTERKENNY Letterkenny Revenue Office 58,000.00
DONEGAL MOVILLE Moville Education Office 9,500.00
DUBLIN BALBRIGGAN Balbriggan DSP Office Temp 49,588.00
DUBLIN BALBRIGGAN Balbriggan Passport Office 553,669.50 Y
DUBLIN BLACKROCK Blackrock Trident House 678,500.00
DUBLIN DUBLIN 01 Abbey Street Upper 26 - 30 1,206,096.51 Y
DUBLIN DUBLIN 01 Abbey Street Upper 26 - 30 994,569.76 Y
DUBLIN DUBLIN 01 Abbey Street Upper 26 - 30 211,542.00 Y
DUBLIN DUBLIN 01 Abbey Street Upper 26 - 30 672,175.55 Y
DUBLIN DUBLIN 01 Amiens Street (Gandon House) 75,500.00
DUBLIN DUBLIN 01 Amiens Street (Gandon House) 655,000.00
DUBLIN DUBLIN 01 Amiens Street (Gandon House) 500,000.00
DUBLIN DUBLIN 01 Arran Quay (Arran Court) 165,337.23 Y
DUBLIN DUBLIN 01 Capel Street 89 -94 689,321.76 Y
DUBLIN DUBLIN 01 Frederick St NorthFrederick Crt 702,000.00
DUBLIN DUBLIN 01 Great Strand St Millennium Hse 265,675.00 Y
DUBLIN DUBLIN 01 Irish Life Centre Block 1 970,000.00
DUBLIN DUBLIN 01 Irish Life Centre Block 1 215,000.00
DUBLIN DUBLIN 01 Irish Life Centre Block 2 1,335,000.00 Y
DUBLIN DUBLIN 01 Irish Life Centre Block 5/7 1,110,000.00 Y
DUBLIN DUBLIN 01 Irish Life Centre Block DE&F 900,000.00 Y
DUBLIN DUBLIN 01 Kings Inn House SWO 208,275.00 Y
DUBLIN DUBLIN 01 Kings Inn House SWO 558,200.00 Y
DUBLIN DUBLIN 01 O’Connell St 29-32 345,000.00
DUBLIN DUBLIN 01 Parnell Sq 13-15 Parnell House 1,830,000.00
DUBLIN DUBLIN 01 Parnell Sq 16 1,493,644.72 Y
DUBLIN DUBLIN 01 Parnell St Parnell Business Centre 45,801.99
144

Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
DUBLIN DUBLIN 02 Adelaide Rd 65A (Davitt House) 1,680,000.00
DUBLIN DUBLIN 02 Adelaide Road 29-31 2,970,000.00 Y
DUBLIN DUBLIN 02 Andrew St 10-12 340,000.00 Y
DUBLIN DUBLIN 02 Bishops Square 1,525,000.00 Y
DUBLIN DUBLIN 02 Bishops Square 1,495,500.00 Y
DUBLIN DUBLIN 02 Bishops Square 1,120,000.00 Y
DUBLIN DUBLIN 02 Clare Street 12 112,500.00 Y
DUBLIN DUBLIN 02 Clonmel Street [Clonmel Place] 804,500.00 Y
DUBLIN DUBLIN 02 Dawson St 18A Royal Irish 41,900.00
Academy
DUBLIN DUBLIN 02 D’Olier Street (D’Olier House) 1,085,626.00
DUBLIN DUBLIN 02 Earlsfort Terrace Earl Centre 1,210,000.00
Block C
DUBLIN DUBLIN 02 Earlsfort Terrace Earl Centre 195,000.00 Y
Block J
DUBLIN DUBLIN 02 Earlsfort Terrace St Stephen 1,024,229.00
Green House
DUBLIN DUBLIN 02 Earlsfort Terrace St Stephen 365,000.00
Green House
DUBLIN DUBLIN 02 Earlsfort Terrace St Stephen 205,270.00
Green House
DUBLIN DUBLIN 02 Ely Place 7-8 Ely Court 711,322.50 Y
DUBLIN DUBLIN 02 Frederick St South Frederick 197,200.00
House
DUBLIN DUBLIN 02 Harcourt Road 4-5 1,260,000.00
DUBLIN DUBLIN 02 Harcourt Road Dun Sceine 850,000.00 Y
DUBLIN DUBLIN 02 Harcourt Sq Garda Block 1 1,300,000.00 Y
DUBLIN DUBLIN 02 Harcourt Sq Garda Block 2 105,000.00
DUBLIN DUBLIN 02 Harcourt Sq Garda Block 2 1,832,500.00 Y
DUBLIN DUBLIN 02 Harcourt Sq Garda Block 3 1,278,800.00 Y
DUBLIN DUBLIN 02 Harcourt Sq Garda Block 4 417,250.00 Y
DUBLIN DUBLIN 02 Harcourt St Harcourt Cntre Block 228,500.00 Y
2
DUBLIN DUBLIN 02 Harcourt Street 75-78 1,010,000.00
DUBLIN DUBLIN 02 Hatch Street 13-15 460,000.00
DUBLIN DUBLIN 02 Holles Street Holbrook House 174,000.00 Y
DUBLIN DUBLIN 02 Kildare Street 43-44 1,174,500.00
DUBLIN DUBLIN 02 Leeson Street Lower Ossory 900,000.00 Y
House
DUBLIN DUBLIN 02 Leinster St Sth 6-9 Phoenix Hse 218,000.00
DUBLIN DUBLIN 02 Lombard St East 8 - 11 Joyce Hse 560,000.00 Y
DUBLIN DUBLIN 02 Merrion Row 2-4 472,500.00 Y
DUBLIN DUBLIN 02 Merrion Square 24 269,000.00
DUBLIN DUBLIN 02 Mespil Road 43-49 1,637,756.00
DUBLIN DUBLIN 02 Molesworth Building Setanta 114,388.00 Y
Centre
DUBLIN DUBLIN 02 Molesworth Building Setanta 2,267,000.00 Y
Centre
DUBLIN DUBLIN 02 Molesworth Street Government 80,000.00
Publications
145

[Deputy Brian Hayes.]
Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
DUBLIN DUBLIN 02 Mount St Lr 73-79 Ballaugh House 933,500.00 Y
DUBLIN DUBLIN 02 Mount St Lr 79-83 Timberlay Hse 1,149,615.70
DUBLIN DUBLIN 02 Mount St Upr 36 200,000.00 Y
DUBLIN DUBLIN 02 Mount Street Lower 85 - 93 1,743,000.00
DUBLIN DUBLIN 02 Nassau Building Setanta Centre 688,600.00
DUBLIN DUBLIN 02 Nassau Building Setanta Centre 278,600.00
DUBLIN DUBLIN 02 Nassau Building Setanta Centre 792,144.00
DUBLIN DUBLIN 02 Nassau Building Setanta Centre 469,680.00 Y
DUBLIN DUBLIN 02 Nassau Building Setanta Centre 716,000.00
DUBLIN DUBLIN 02 Nassau Building Setanta Centre 797,940.00
DUBLIN DUBLIN 02 Nassau St Special Olymics 87,622.06
DUBLIN DUBLIN 02 Pearse St 212-213 Oisín House 1,493,000.00
DUBLIN DUBLIN 02 Revenue Castleview Georges st 1,827,522.00 Y
DUBLIN DUBLIN 02 St Stephens Green 67-71Hainault 600,000.00
Hse
DUBLIN DUBLIN 02 St Stephens Green 94 408,000.00 Y
DUBLIN DUBLIN 02 St Stephens Green 94 612,000.00 Y
DUBLIN DUBLIN 02 Statoil Building 373,500.00
DUBLIN DUBLIN 02 Tara Street Apollo House 560,750.00 Y
DUBLIN DUBLIN 02 Tara Street Apollo House 453,120.20 Y
DUBLIN DUBLIN 02 Tara Street Apollo House 185,600.00
DUBLIN DUBLIN 02 Wilton Place Fitzwilton House 205,500.00
DUBLIN DUBLIN 04 Claremont Road Revenue Office 655,000.00
DUBLIN DUBLIN 04 Shelbourne Road 21Shelbourne 1,018,000.00 Y
House
DUBLIN DUBLIN 04 Waterloo Road St Martins House 570,000.00 Y
DUBLIN DUBLIN 05 Kilbarrack SWO 145,500.00
DUBLIN DUBLIN 06 Canal Road (Canal House) 370,000.00 Y
DUBLIN DUBLIN 06 Rathgar Driving Test Centre 36,822.40
DUBLIN DUBLIN 07 Blackhall Place Smithwick 333,000.00
Tribunal
DUBLIN DUBLIN 07 Bow Street Government Office 450,000.00 Y
DUBLIN DUBLIN 07 Manor St Nursing Council 85,000.00
DUBLIN DUBLIN 07 Navan Road Ashtowngate 1,550,000.00
DUBLIN DUBLIN 07 Navan Road Ashtowngate Block B 254,401.00 Y
DUBLIN DUBLIN 07 North Circular Road Park House 92,778.00 Y
DUBLIN DUBLIN 07 North Circular Road Park House 340,000.00
DUBLIN DUBLIN 07 North King St 90 Georges Court 655,940.00 Y
DUBLIN DUBLIN 07 North King St 90 Georges Court 1,353,509.00 Y
DUBLIN DUBLIN 07 Ormond Quay Ormond House 282,750.00 Y
DUBLIN DUBLIN 07 Ormond Quay Upper 19 99,000.00
DUBLIN DUBLIN 07 Smithfield Office of Film Class 255,955.00 Y
DUBLIN DUBLIN 07 Smithfield Probation Service 1,188,070.00
DUBLIN DUBLIN 08 Conyngham Road Phoenix House 365,000.00 Y
DUBLIN DUBLIN 08 Garden Lane Probation & Welfare 55,980.00 Y
Office
DUBLIN DUBLIN 08 The Chancery Building 543,880.00 Y
146

Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
DUBLIN DUBLIN 08 Thomas Street 126 - 127 244,000.00
DUBLIN DUBLIN 10 Ballyfermot Probation & Welfare 39,500.00 Y
Service
DUBLIN DUBLIN 11 Finglas Driver Testing 45,520.15 Y
Centre+Revenue Store
DUBLIN DUBLIN 11 Finglas Probation & Welfare 66,000.00 Y
Service
DUBLIN DUBLIN 11 Finglas Shopping Centre FÁS 39,500.00
DUBLIN DUBLIN 12 Park West Business Park Block 43 212,585.90 Y
DUBLIN DUBLIN 13 Donaghmede Probation & Welfare 160,000.00
Service
DUBLIN DUBLIN 14 Churchtown Driving Test Centre 13,800.00
DUBLIN DUBLIN 14 Clonskeagh Belfield Office Park 1,160,000.00
DUBLIN DUBLIN 14 Nutgrove SWO 144,480.00
DUBLIN DUBLIN 15 Blanchardstown Government 157,907.00
Office
DUBLIN DUBLIN 15 Blanchardstown Government 157,907.00
Office
DUBLIN DUBLIN 15 Blanchardstown Government 638,678.25 Y
Office
DUBLIN DUBLIN 22 Clondalkin Education Office 25,000.00
DUBLIN DUBLIN 22 Clondalkin Education Office 25,000.00
DUBLIN DUBLIN 22 Clondalkin SWO Ninth Lock Rd 215,000.00 Y
DUBLIN DUBLIN 24 Tallaght Education Office 113,658.00
DUBLIN DUBLIN 24 Tallaght Government Office Plaza 500,000.00
Complex
DUBLIN DUBLIN 24 Tallaght Government Office Plaza 380,000.00
Complex
DUBLIN DUBLIN 24 Tallaght Government Office St 722,501.00
Johns House
DUBLIN DUBLIN 24 Tallaght PIAB 188,553.75 Y
DUBLIN DUBLIN 24 Tallaght Probation & Welfare 92,057.00
Service
DUBLIN DUBLIN 24 Tallaght Revenue Commissioners 107,500.00
DUBLIN DUBLIN AIRPORT Dublin Airport International 11,308.40
House
DUBLIN DUBLIN AIRPORT Dublin Airport Pier B 14,599.20
DUBLIN DUBLIN AIRPORT Dublin Airport Pier B 5,212.00
DUBLIN DUBLIN AIRPORT Dublin Airport Terminal Building 14,340.00
DUBLIN DUBLIN AIRPORT Dublin Airport Terminal Building 16,086.00
DUBLIN DUBLIN AIRPORT Dublin Airport Transaer House 565,235.00
DUBLIN DUN LAOGHAIRE Dun Laoghaire Probation & 85,999.36 Y
Welfare Service
DUBLIN DUN LAOGHAIRE Dun Laoghaire Vehicle 47,500.00
Registration Office
DUBLIN LUCAN Lucan SWO - Chapel Hill 16,671.66
DUBLIN LUCAN Lucan SWO - Main Street 12,697.38
DUBLIN MALAHIDE Malahide SWO 15,871.73 Y
DUBLIN SWORDS Swords Agricultural Inspectors 8,253.30 Y
DUBLIN SWORDS Swords Business Campus Unit 4 634,852.53 Y
147

[Deputy Brian Hayes.]
Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
DUBLIN SWORDS Swords Business Campus Unit 231,443.68 Y
5/6A
DUBLIN SWORDS Swords Business Campus Unit 173,226.50 Y
5/6C
DUBLIN SWORDS Swords Business Campus Unit 181,490.55 Y
5/6D
DUBLIN SWORDS Swords Temp DSFA Office 30,000.00
GALWAY BALLINASLOE Ballinasloe Government Office 14,195.67
GALWAY CLIFDEN Clifden Driving Test Centre 6,032.00
GALWAY CLIFDEN Clifden Environment Office 27,500.00
GALWAY GALWAY Ballybane Garda Community 6,500.00
Office
GALWAY GALWAY Galway DAF Dockgate 922,250.00 Y
GALWAY GALWAY Galway Driving Test Centre 31,500.00
GALWAY GALWAY Galway Education Office 90,000.00
GALWAY GALWAY Galway Environment Office 48,000.00
GALWAY GALWAY Galway Garda Office 76,000.00
GALWAY GALWAY Galway Garda Training 31,420.00
GALWAY GALWAY Galway Government Office Hynes 235,000.00
Building
GALWAY GALWAY Galway Government Office Hynes 222,425.00 Y
Building
GALWAY GALWAY Galway Government Office Ross 88,000.00
House
GALWAY GALWAY Galway Irish Water Safety 41,722.00 Y
GALWAY GALWAY Galway Liosbaun Garda Unit 1B 25,987.50 Y
GALWAY GALWAY Galway Probation & Welfare 31,144.00 Y
Service
GALWAY GALWAY Galway Probation & Welfare 9,595.00
Service
GALWAY GALWAY Galway Probation & Welfare 42,334.50 Y
Service
GALWAY Galway Revenue 1,214,221.40
Fairgreen
GALWAY GALWAY Galway SWO - Island House 15,768.00
GALWAY GORT Gort SWO 8,735.00
GALWAY LOUGHREA Galway Millenium House 19,407.50 Y
GALWAY LOUGHREA Loughrea Agriculture Offices 13,865.54
GALWAY LOUGHREA Loughrea Agriculture Offices 26,600.00
GALWAY LOUGHREA Loughrea DSFA Office 20,800.00
GALWAY LOUGHREA Loughrea SWO - PMPA Building 23,000.00
GALWAY LOUGHREA Loughrea Transport & Road 56,187.50 Y
Safety Authority Temporary
Office
GALWAY LOUGHREA Loughrea Transport & Road 51,837.50 Y
Safety Authority Temporary
Office
GALWAY LOUGHREA Loughrea Transport & Road 31,225.00 Y
Safety Authority Temporary
Office
148

Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
GALWAY OUGHTERARD Oughterard Environ Office 6,500.00
GALWAY SPIDDAL An Coimisinéir Teanga 45,981.00
GALWAY TUAM Tuam Driver Testing Centre 10,500.00
GALWAY TUAM Tuam Government Offices 29,500.00
GALWAY TUAM Tuam Ordnance Survey Office 22,000.00
KERRY KENMARE Kenmare SWO 19,000.00
KERRY KILLARNEY Killarney Park Court 40,000.00
KERRY KILLARNEY Killarney Park Court 76,369.20
KERRY KILLARNEY Killarney Park Court 61,200.00
KERRY LISTOWEL Listowel Revenue Office 244,923.70 Y
KERRY LISTOWEL Listowel SWO 81,263.24
KERRY TRALEE Blennerville Agriculture Engineers 55,800.00
Office
KERRY TRALEE Tralee CSO (Temporary) 20,500.00
KERRY TRALEE Tralee Education Office 69,000.00
KERRY TRALEE Tralee Garda Training Centre 18,000.00
KERRY TRALEE Tralee Probation and Welfare 35,000.00
Service
KILDARE ATHY Athy Revenue Temporary 231,553.95
Decentralisation Office
KILDARE ATHY Athy SWO 12,500.00
KILDARE KILDARE Kildare Heritage Office 20,761.00
KILDARE MAYNOOTH Maynooth Agriculture Office 940,625.68
KILDARE NAAS Naas Agriculture Office - Poplar 95,696.00 Y
House
KILDARE NAAS Naas Agriculture Office - Spring 41,000.00
Garden House
KILDARE NAAS Naas Driving Test Centre 11,000.00
KILDARE NAAS Naas Government Office 254,034.00
KILDARE NAAS Naas SWO - Rathasker Square 23,000.00 Y
KILDARE NAAS Naas Vehicle Registration Office 38,000.00
KILDARE NAAS Willow House Millennium Park 119,163.00 Y
Block 6
KILDARE NEWBRIDGE Newbridge SWO - Henry Street 20,500.00
LAOIS PORTARLINGTON Portarlington Decentralised Office 73,500.00 Y
LAOIS PORTLAOISE Portlaoise Agriculture Office - 191,000.00
Eircom
LAOIS PORTLAOISE Portlaoise Agriculture Office - 67,245.00 Y
Gandon Court
LAOIS PORTLAOISE Portlaoise Agriculture Office - 70,500.00 Y
Gandon Court
LAOIS PORTLAOISE Portlaoise Agriculture Office - 76,050.00 Y
Gandon Court
LAOIS PORTLAOISE Portlaoise DAF Appeals Office 84,051.49 Y
LAOIS PORTLAOISE Portlaoise Environment Office 9,945.00
LAOIS PORTLAOISE Portlaoise Grattan Business Centre 264,640.00
LAOIS PORTLAOISE Portlaoise Grattan House 46,860.00
LAOIS PORTLAOISE Portlaoise Grattan House 75,000.00
149

[Deputy Brian Hayes.]
Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
LAOIS PORTLAOISE Portlaoise NCCA & Equality 60,961.50
(Temporary)
LEITRIM BALLINAMORE Ballinamore SWO 12,220.00
LEITRIM CARRICK ON Carrick-on-Shannon Decentralised 800,000.00 Y
SHANNON
SWO
LIMERICK KILMALLOCK Kilmallock SWO 12,000.00
LIMERICK LIMERICK Limerick Decentralised Office 900,000.00 Y
DFA
LIMERICK LIMERICK Limerick Driving Test Centre 15,000.00
LIMERICK LIMERICK Limerick Education Office 255,000.00
LIMERICK LIMERICK Limerick Estuary House 197,000.00
LIMERICK LIMERICK Limerick Government Office 373,568.00 Y
Houston Hall
LIMERICK LIMERICK Limerick Probation & Welfare 45,262.00
Service
LIMERICK LIMERICK Limerick Probation & Welfare 45,262.00
Service
LIMERICK LIMERICK Limerick Revenue Office 615,000.00
LIMERICK LIMERICK Limerick SWO - Plassey 42,050.00
LIMERICK LIMERICK Moyross Garda Clinic 1,269.74
LIMERICK NEWCASTLEWEST Newcastlewest Probation & 39,613.16 Y
Welfare Office
LONGFORD GRANARD Granard SWO 6,602.64
LONGFORD MOYNE Moyne Wildlife Office 9,500.00 Y
LOUTH ARDEE Ardee SWO 14,000.00
LOUTH DROGHEDA Drogheda Education Office 62,000.00
LOUTH DROGHEDA Drogheda Probation & Welfare 66,000.00 Y
Service
LOUTH DROGHEDA Drogheda SWO Singleton House 70,533.00 Y
LOUTH DUNDALK Block 1 Finnabair Business Park 96,000.00
LOUTH DUNDALK Dundalk Education Office 14,544.00
LOUTH DUNDALK Dundalk Garda Office 2,800.00
MAYO BALLINA Ballina Road Safety HQ Unit 2 151,641.00
MAYO BALLINA Ballina Road Safety HQ Unit 3 121,250.00 Y
MAYO BALLINA Ballina Road Safety HQ Unit 4 121,937.50 Y
MAYO BALLYHAUNIS Ballyhaunis SWO 4,571.06
MAYO CASTLEBAR Castlebar DTC 11,500.00
MAYO CASTLEBAR Castlebar National Education 23,000.00
Physchology Service
MAYO CASTLEBAR Castlebar Probation & Welfare 38,259.80 Y
Service
MAYO CASTLEBAR Castlebar SWO - Humbert Mall 38,000.00
MAYO CLAREMORRIS Claremorris Agriculture Office 37,000.00
MAYO CLAREMORRIS Claremorris SWO 8,913.56
MAYO CLAREMORRIS Claremorris Temporary 68,712.00
Decentralised Office
MAYO SWINFORD Swinford DSFA Office 18,840.00 Y
MEATH KELLS Kells SWO 18,500.00
MEATH NAVAN Navan Athlumney House 439,921.00 Y
150

Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
MEATH NAVAN Navan Government Office Kilcairn 573,700.00 Y
MEATH NAVAN Navan Revenue Abbey Mall 575,360.00 Y
MEATH NAVAN Navan SWO 230,000.00 Y
MEATH TRIM Trim NCSE 87,645.60
MONAGHAN BALLYBAY Ballybay District Veterinary Office 11,427.64
MONAGHAN BALLYBAY Ballybay Livestock Office 42,000.00
MONAGHAN CARRICKMACROSS Carrickmacross SWO 27,000.00
MONAGHAN CASTLEBLAYNEY Castleblaney Credit Union House 14,250.00
MONAGHAN CASTLEBLAYNEY Castleblayney SWO 9,903.96
MONAGHAN MONAGHAN Monaghan Revenue MTEK 181,830.00
OFFALY BIRR Birr Forestry Office 4,951.98
OFFALY BIRR Birr Government Offices 6,900.00
OFFALY BIRR Birr Government Offices 5,577.00
OFFALY TULLAMORE Tullamore Probation & Welfare 8,862.50
Service
OFFALY TULLAMORE Tullamore SWO Castle Buildings 204,044.80 Y
ROSCOMMON BALLAGHADERREEN Dillon House CRAGA Office 3,174.34
ROSCOMMON BOYLE Boyle Education Office 5,760.00
ROSCOMMON BOYLE Boyle SWO 9,063.21
ROSCOMMON CASTLEREA Castlerea SWO 2,750.00
SLIGO SLIGO Beulah Building 124,448.00
SLIGO SLIGO Lough Arrow Field Study Centre 33,430.00 Y
SLIGO SLIGO Marino House 57,640.15 Y
SLIGO SLIGO Marino House 57,642.00 Y
SLIGO SLIGO Sligo Driving Test Centre 109,220.00
SLIGO SLIGO Sligo Garda Welfare Office 11,732.38 Y
SLIGO SLIGO Sligo Government Office - 31,000.00
Westward Town Centre
SLIGO SLIGO Sligo Government Office - 34,752.73
Westward Town Centre
SLIGO SLIGO Sligo Government Office - 53,250.00 Y
Westward Town Centre
SLIGO SLIGO Sligo Government Office - 42,260.00 Y
Westward Town Centre
SLIGO SLIGO Sligo SCFA Office 194,600.00 Y
SLIGO TUBBERCURRY Tubbercurry Temporary CRAGA 86,755.00
Office
SLIGO TUBBERCURRY Tubbercurry Temporary CRaGA 88,138.00
Office 2
TIPPERARY CARRICK ON SUIR Carrick-on-Suir SWO 7,800.00
TIPPERARY CLONMEL Clonmel Government Office 275,000.00
Harbour Hse
TIPPERARY NENAGH Nenagh Government Office 16,000.00
(Temporary)
TIPPERARY NENAGH Nenagh Justice Office 36,270.00 Y
TIPPERARY ROSCREA Roscrea Civil Defence Office 25,000.00 Y
TIPPERARY ROSCREA Roscrea Civil Defence Office 178,825.00 Y
TIPPERARY ROSCREA Roscrea SWO 16,506.60
151

[Deputy Brian Hayes.]
Questions— 3 May 2011. Written Answers
County Location Building Name Rent PA Upward
Rent RVW
€
TIPPERARY ROSCREA Roscrea Temporary Decentralised 130,000.00
Office
TIPPERARY TEMPLEMORE Templemore SWO 8,253.30
TIPPERARY THURLES Thurles Garda Fines Office 186,186.00
TIPPERARY THURLES Thurles Government Offices - 6,983.56
ACC House
TIPPERARY THURLES Thurles Government Offices - 10,157.90
ACC House
TIPPERARY THURLES Tipperary Technology Park Unit 1,518.90
A6
TIPPERARY THURLES Tipperary Technology Park Unit 64,736.00
F2
TIPPERARY THURLES Tipperary Technology Park Unit 5,244.00
F3
TIPPERARY TIPPERARY Tipperary Driving Test Centre 5,200.00
TIPPERARY TIPPERARY Tipperary Justice Office 81,150.00
TIPPERARY TIPPERARY Tipperary Temporary 103,957.50 Y
Decentralised Office
WATERFORD DUNGARVAN Dungarvan Government Office 81,806.68
Civic Buildings
WATERFORD LISMORE Lismore SWO 6,480.00
WATERFORD WATERFORD Waterford Government Offices - 117,968.00
Johnstown
WATERFORD WATERFORD Waterford Agriculture Belview 13,220.00 Y
WATERFORD WATERFORD Waterford Road Safety Authority 40,000.00 Y
Test Centre
WESTMEATH ATHLONE Athlone Driver Testing Centre 21,600.00
WESTMEATH ATHLONE Athlone DSFA & Probation & 359,577.16
Welfare Office
WESTMEATH MULLINGAR Mullingar Central Statistics Office 6,000.00
WESTMEATH MULLINGAR Mullingar Government Offices 186,309.00
WESTMEATH MULLINGAR Mullingar Probation & Welfare 26,664.50
Service
WEXFORD ENNISCORTHY Enniscorthy SWO Portsmouth 25,000.00 Y
House
WEXFORD GOREY Gorey Government Offices 11,000.00
WEXFORD ROSSLARE Rosslare Harbour Vehicle 90,000.00
HARBOUR
Registration Office
WEXFORD WEXFORD Wexford Driver Testing Centre 5,078.95
WEXFORD WEXFORD Wexford Education Office 95,316.60
WICKLOW ARKLOW Arklow Probation & Welfare 19,046.07 Y
Service
WICKLOW BALTINGLASS Baltinglass DAF Office 26,000.00
WICKLOW BRAY Bray Civic Centre Block D 471,541.36 Y
WICKLOW WICKLOW Wicklow Government Office 123,926.44
Murrough
152

Questions— 3 May 2011. Written Answers
Ministerial Staff
123. Deputy Brendan Smith asked the Minister for Finance the detail of all permanent civil
service or non-established positions which are in place in his Department in relation to assisting
Ministers with constituency work; the monthly salaries for these positions; and if any further
appointments are envisaged. [9139/11]
Minister for Finance (Deputy Michael Noonan): In my Department 4 people, detailed below,
are assigned to work on constituency matters.
GRADE
SALARY SCALE (per annum)
1 Personal Assistant €43,715-€56,060
1 Executive Officer (EO) €30,516-€47,975
1 Clerical Officer (CO) €23,177-€37,341
1 Clerical Officer (CO) €23,042-€36,267
My colleague, the Minister for Public Expenditure and Reform also has 4 people, detailed
below, assigned to work on constituency matters.
GRADE
SALARY SCALE (per annum)
1 Personal Secretary €23,820-€47,755
1 Personal Assistant €43,715-€56,060
1 Clerical Officer (CO) €23,177-€37,341
1 Clerical Officer (CO) €23,042-€36,267
Their roles require that they provide a range of duties associated with constituency matters for
the relevant Minister. As the Deputy may be aware, the Government recently decided to limit
the number of staff in a Minister’s constituency office to 4, and the number of staff in a Minister
of State’s constituency office to 3.
Ministerial Appointments
124. Deputy Brendan Smith asked the Minister for Finance if he will list the details of all
State appointments open to direct choice by him on 10 March 2011. [9153/11]
Minister for Finance (Deputy Michael Noonan): In response to the Deputy’s question there
were no vacancies on bodies under the aegis of my department open to direct choice by me on
the 10th March 2010.
Question No. 125 answered with Question No. 83.
Banking Sector Regulation
126. Deputy Dominic Hannigan asked the Minister for Finance the actions that will be taken
to tax excess severance packages made to former employees of majority State owned banks;
and if he will make a statement on the matter. [9173/11]
153

Questions— 3 May 2011. Written Answers
Minister for Finance (Deputy Michael Noonan): The position is that a severance payment
made under the terms of a person’s employment contract or where the employer is otherwise
contractually bound to make the payment, the payment is treated, for income tax purposes, as
remuneration from the employment and the payment is fully chargeable to Income Tax and
Universal Social Charge (USC) in the same way as any other remuneration or benefits from
the employment. In addition, where a severance payment is made outside of the terms of a
person’s employment contract or is otherwise made on a non-contractual basis, the severance
payment is subject to income tax under the rules of sections 123 and 201 of, and Schedule 3
to, the Taxes Consolidation Act 1997.
I should point out that in Budget 2011 these provisions were amended. Accordingly, the
maximum amount is restricted to €200,000 in respect of severance payments that can be paid
free of income tax and USC depending on a number of factors, including whether there were
any previous severance payments made free of tax. Any amount above €200,000 is chargeable
to income tax, but may qualify for a relief that reduces the rate of income tax to be charged to
a rate equal to the average rate of income tax paid by the person for the 3 years preceding the
tax year in which the severance payment is treated as income. The taxable portion of any
severance payment is chargeable to USC at the appropriate rate without any similar relief.
It should be noted that these rules apply equally to all employees in receipt of severance
payments.
While there are no special rules in the tax code dealing specifically with excess severance
payments made to former employees of majority State owned banks, I would point out that
the Finance Act 2011 introduced a special regime (which effectively imposes a combined tax,
USC and PRSI charge of 90%) on excess bonuses paid to employees of financial institutions
which have received financial investment from the State.
Tax Code
127. Deputy Jim Daly asked the Minister for Finance the reason a person (details supplied)
will not receive their annual refund in respect of PAYE emergency tax as they have done for
a number of years independent of their spouse’s tax affairs; and if he will make a statement on
the matter. [9200/11]
Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners
that the only refund of tax that they made to the person concerned is €10.82 in respect of the
tax year 2008. Other tax refunds may have been made by an employer during the relevant tax
years to correct overcharges arising from emergency tax rates being applied by the employer
to their employment. The person in question is jointly assessed for Income Tax purposes. The
tax liability for 2010 cannot be finalised until a tax return is submitted for that year. The latest
date for making the return is 31 October 2011 (or 15 November if filed online), but it may be
submitted now. Their tax liability will be assessed on the basis of the 2010 return, and a refund
will issue if tax has been overpaid.
I am further advised by the Revenue Commissioners that joint returns made for the years
2007 and 2008 did not include details of the income of the person in question under the PAYE
system. I have been advised that amended notices of assessment will issue shortly which will
take account of the person’s PAYE income.
128. Deputy Derek Nolan asked the Minister for Finance if following commitments made in
the Finance Act 2010 he will sign the OECD’s Convention on Mutual Administrative Assistance
on Tax Matters and related protocols which allow for the automatic multilateral exchange
of information on tax; his views on non OECD members becoming signatories to the Conven-
154

Questions— 3 May 2011. Written Answers
tion in the interests of international financial transparency; and if he will make a statement on
the matter. [9212/11]
Minister for Finance (Deputy Michael Noonan): I am fully committed to the ratification of
the Council of Europe/OECD Convention on Mutual Administrative Assistance in Tax Matters
and related protocol. Provision for the signature of the Convention was included in the Finance
Act 2010; however, our preference is that we should sign the Convention without reservation
which means that we also need to legislate for the assistance of recovery of taxes provisions
and the service of documents provisions contained in the Convention, a process which I would
hope can be completed this year. The inclusion of non OECD members in the Convention is
something that is worthy of support, and I welcome the opening-up of the Convention to non-
OECD/non-Council of Europe members.
Departmental Staff
129. Deputy Michael McGrath asked the Minister for Finance if there are recruitment plans
for a service (details supplied). [9258/11]
Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners
that there are no vacancies at present in Revenue’s Maritime Service. Any future recruitment
plans for the service are a matter for the Revenue Commissioners in the context of Government
policy on civil service numbers.
Liquor Licences
130. Deputy Liam Twomey asked the Minister for Finance the reason the Revenue Commissioners
are expecting shops which sell small quantities of wine to have an off-licence certification
from revenue which increases the licence cost for small shops from €500 to €5,000 which
is causing hardship to shop owners; and if he will make a statement on the matter. [9295/11]
Minister for Finance (Deputy Michael Noonan): The Deputy will be aware the rate of excise
duty on off-licences was reviewed in the context of the 2008 and 2009 Budgets. The annual
excise duty payable on each off-licence was increased from €250 to €500. An off-licence selling
the full range of alcohol products require three licences — spirits, beer and wine. Consequently,
shops who wish to sell all three alcohol products must obtain retailers off Licences which
usually cost €1,500 per annum. However, an off-licence for a shop selling only wine will cost
€500.
Fiscal Policy
131. Deputy Liam Twomey asked the Minister for Finance if the Revenue Commissioners
will review the revenue block they have placed on the account of a company (details supplied)
in view of the fact that this is having a significant effect on the cash flow of the business; and
if he will make a statement on the matter. [9297/11]
Minister for Finance (Deputy Michael Noonan): This is a matter for the Revenue Commissioners.
I am advised by the Revenue Commissioners that there has been a substantial record
of non-compliance and broken payment agreements by the business concerned and that the
basic financial viability of the business is something that is of serious concern in the context of
allowing any further deterioration in the tax debt situation of the business. In those circumstances
Revenue is not in a position to halt its current enforcement action until the existing
debt is paid.
155

Questions— 3 May 2011. Written Answers
National Asset Management Agency
132. Deputy Michelle Mulherin asked the Minister for Finance if the National Assets Management
Agency used public relations consultants; and if so the amount of money that has
been spent on public relations. [9299/11]
Minister for Finance (Deputy Michael Noonan): The National Asset Management Agency
(NAMA), while a statutory body in its own right, operates under the aegis of the National
Treasury Management Agency (NTMA) and, in common with the NTMA’s other business
functions, it draws on the NTMA’s shared services in a number of areas including the press
office facility. The NTMA does not have an internal press office. Instead, the NTMA’s
Communications Officer is supported by the resources of an external service provider
(appointed following a public procurement process) in order to offer a full press office service
(including out-of-hours contacts for the media) across all the NTMA’s business areas.
The NTMA has not traditionally had a dedicated press office but decided to put these
arrangements in place during 2010 in light of a significant increase in the volume of domestic
and international media queries being received by the NTMA and other associated bodies such
as NAMA. The NTMA paid €185,000 (inc. VAT) to this service provider during 2010.
In addition to NAMA, this press office facility serves the NTMA in its debt management
role and also in relation to its other business areas which are the National Pensions Reserve
Fund (NPRF), the National Development Finance Agency (NDFA), the State Claims Agency
(SCA) and the NTMA’s delegated banking system functions.
EU-IMF Fund
133. Deputy Peter Mathews asked the Minister for Finance further to Parliamentary Question
No. 270 of 12 January 2011, the new interest rate charged on International Monetary Fund
borrowings as a result of the quota revision; if he will provide a breakdown of this rate showing
the margin added; and if he will make a statement on the matter. [9315/11]
Minister for Finance (Deputy Michael Noonan): Interest on borrowings from the IMF is
charged as follows:
• For borrowings up to three times quota, the interest rate is the SDR rate (which is
calculated on a weekly basis — it is 0.55% as of 2 May 2011) plus a margin set by the
IMF (currently 1%).
• Borrowings above the threshold of three times quota are charged an additional 2%.
• From 18 January 2014, the third anniversary of the 1st disbursement of the IMF funds
to Ireland, an additional 1% is charged on borrowings over three times quota.
• In addition to the interest charge there is a once off up front handling fee of 0.5% of
all draw downs.
On 4 March 2011, Ireland’s IMF quota increased from SDR 838.4 million to SDR 1,257.6
million.
The first drawdown of IMF funds under the Programme took place on 18 January 2011. The
amount was SDR 5,012,425,200, equivalent to some €5.8 billion, for an average life of 7 1 years.
2
Due to the quota change, SDR 1,257.6 million of the SDR 5.0 billion drawn on 18 January
last is now subject to a margin of 1% instead of 3%. In annual payment terms, this represents
a saving of SDR 25.2 million. After 18 January 2014, the annual saving will increase by SDR
156

Questions— 3 May 2011. Written Answers
12.6 million as the 1% surcharge that applies from that date will not apply to the additional
SDR 1,257.6 million that is now within three times the quota.
Fiscal Policy
134. Deputy Thomas P. Broughan asked the Minister for Finance if his attention has been
drawn to consideration being given by the EU Commission and the European Central Bank
to developing a unitary fiscal regime whereby Ireland, Greece and Portugal and any other
Troika assisted Euro States will never completely return to the financial markets as fiscally
independent States; his views on such a proposal; and if he will make a statement on the
matter. [9317/11]
Minister for Finance (Deputy Michael Noonan): I am not aware of any such proposal. The
stated aim of the existing EU — IMF Programme is to enable Ireland to return to the financial
markets, and the programme provides the breathing space to achieve that.
As the Deputy will be aware, the European Council has agreed on the need for euro-area
Member States to establish a permanent stability mechanism: the European Stability Mechanism
(ESM). Arrangements for the establishment of the mechanism are currently under discussion
at EU level. My officials and I are contributing to those discussions as appropriate.
The ESM will be activated by mutual agreement if it is indispensable to safeguarding the
financial stability of the euro area as a whole. The ESM will assume the role of the European
Financial Stability Facility (EFSF) and the European Financial Stabilisation Mechanism
(EFSM) in providing external financial assistance to euro-area Member States after June 2013.
The ESM will grant short-term or medium term stability support, under strict conditionality
to a euro-area Member State, which is experiencing severe financing problems or is threatened
by severe financing problems in order to safeguard the financial stability of the euro area as a
whole. The length of the programme and maturity of the loans will depend on the nature of
the imbalance in the beneficiary Member State and the prospects of the beneficiary Member
State regaining access to financial markets within the time that ESM resources are available.
Housing Grants
135. Deputy Robert Troy asked the Minister for Finance his plans to maintain the level of
funding to continue the important scheme of insulating the homes of persons who are in receipt
of the fuel allowance as is being administered by Sustainable Energy Ireland. [9343/11]
Minister for Finance (Deputy Michael Noonan): The allocations for the National Energy
Retrofit Scheme in the Communications, Energy and Natural Resources Vote were set out in
the 2011 Estimates, to be approved by the Dáil. Any adjustment to the allocations in the
context of the Jobs Initiative or in future years would fall to be considered by Government
and then approved by Dáil Éireann.
Tax Code
136. Deputy Peadar Tóibín asked the Minister for Finance when he will, in conjunction with
the Department of Enterprise, Trade and Innovation, conduct the cost-benefit analysis into the
amendment of the research and development tax credit regime; the timeframe for the completion
of this analysis; if this analysis will incorporate the reform of R&D supports available
to the digital game industry; the way the R&D supports available to the digital game industry
will be reformed; and if he will make a statement on the matter. [5868/11]
157

Questions— 3 May 2011. Written Answers
Minister for Finance (Deputy Michael Noonan): The Programme for Government
(Government for National Recovery 2011-2016) contains a commitment to amend the R&D tax
credit scheme in a number of ways, subject to the outcome of a cost benefit analysis. I would
envisage that it would be feasible to carry out the required cost benefit analysis before next
year’s Budget or Finance Bill process.
Digital games are essentially software development and would already be a field of science
and technology for the purposes of the R&D tax credit scheme. Relevant R&D expenditure
on games should already qualify under the existing terms of the tax credit scheme, provided
any specific games development achieves scientific or technological advancement and involve
the resolution of scientific or technological uncertainty.
Supports for R&D outside of the tax credit scheme are matters for my colleague, the Minister
for Enterprise, Jobs and Innovation. I understand, in this regard, that IDA Ireland which
operates under the aegis of that Department is in the process of organising a one-day R&D
workshop for the games industry. The IDA is liaising with the industry to finalise this arrangement.
Officials of the Revenue Commissioners will also attend that workshop to explain the
operation of the R&D tax credit scheme and be available to respond to any questions about
the scheme that may arise.
Credit Availability
137. Deputy Peadar Tóibín asked the Minister for Finance if European Commission approval
has been received for the new business investments targeting the employment scheme that is
replacing the business expansion scheme; the way the two schemes differ; when the new scheme
will be operational; and if he will make a statement on the matter. [5877/11]
Minister for Finance (Deputy Michael Noonan): The approval of the European Commission
has not yet been received for the Employment and Investment Incentive (EII) and Seed Capital
Scheme, which is set to replace the current Business Expansion Scheme (BES) and Seed Capital
Schemes (SCS). My officials are currently in discussions with the Commission with regard
to the changes proposed. These include the following: An increase in the lifetime limit that can
be raised by companies from €2 million to €10 million.
• An increase in the annual limit that can be raised from €1.5 to €2.5 million.
• The removal of the majority of the qualifying trades restrictions.
• A simplification of the certification requirements.
• A reduction in the rate of tax relief for investors from 41% to 30% along with a
reduction in the holding period required for shares from five to three years.
• The potential for a further 11% in tax relief, at the end of the three year holding
period, where the company has increased employment or spent at least 30% of the
funding raised on research and development.
The new incentive will become operational once the approval of the European Commission has
been received. Pending the receipt of this approval, the existing BES will continue to operate.
It is not possible to stipulate when the approval of the European Commission will be
received. However, it is hoped that a favourable decision will be made in as short a time-frame
as possible.
158

Questions— 3 May 2011. Written Answers
138. Deputy Peadar Tóibín asked the Minister for Finance when business will be able to
access funds from the Strategic Investment Bank; the capital and funds that will be made
available by the bank for small medium enterprise; the rates that will be attached to the funds;
the persons that will oversee the operations and the bank; if the credit review office will have
a remit to review appeals of refusal of credit at the bank; and if he will make a statement on
the matter. [5882/11]
Minister for Finance (Deputy Michael Noonan): The Programme for Government contains
a clear commitment to creating a Strategic Investment Bank that will become a provider of
finance to large capital projects, a conduit for venture capital and a lender to SMEs. As I
indicated in a reply to you on 23 March (PQ 5399), the Government will only be in a position
to decide on the timing and the structure for setting up the Strategic Investment Bank when
the necessary detailed assessment and planning work has been done. Therefore it would be
premature to discuss its functions and responsibilities at this stage. For the same reasons the
Government Legislation Programme for the summer session which was published on 5 April
does not contain legislation in relation to the Strategic Investment Bank.
Financial Services Regulation
139. Deputy Peadar Tóibín asked the Minister for Finance when he will establish the
taskforce on the future of the financial services sector to maximise employment opportunities
in financial services as per the Programme for Government; the time scale for the establishment
and reporting of this taskforce; the persons who will be on this taskforce; and if he will make
a statement on the matter. [5879/11]
Minister for Finance (Deputy Michael Noonan): The Programme for Government sets out
that the Government is committed to the future development of the International Financial
Services Centre (IFSC) as a source of future employment growth subject to appropriate regulation.
More than 32,000 people are directly employed in international financial services, in
over 500 firms. Substantial indirect employment is also generated, and the sector contributes
€2.1bn in corporate and payroll taxes to the Exchequer. Accounting for 10% of multi-national
employment, international financial services represents an estimated 7.4% of GDP, and 5% of
EU international financial services activity is carried out from Ireland.
The fundamental goal of public policy in relation to the IFSC is to develop the international
financial services industry in Ireland, built upon sustainable, responsible and internationally
respected foundations, to maximise not only the number of jobs, but also the quality of employment
and the future sustainability and growth prospects of the industry.
The Government believes that it is necessary to continue to adopt, articulate and implement
a clear vision for the development of the IFSC to demonstrate Ireland’s commitment to the
promotion and growth of its international financial services industry. As part of this, work is
underway on the preparation of a new strategic review for the development of the international
financial services industry. Advancing the key recommendations of the Strategy through the
structure of the IFSC Clearing House Group and other IFSC Working Groups will ensure that
progress is advanced within an agreed time scale to be determined as part of the strategic
review.
Tax Code
140. Deputy Peadar Tóibín asked the Minister for Finance if he will introduce a VAT refund
scheme for charities. [7975/11]
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Questions— 3 May 2011. Written Answers
Minister for Finance (Deputy Michael Noonan): Charities and non-profit groups engaged in
non-commercial activity are exempt from VAT under the EU VAT Directive, with which Irish
VAT law must comply. This means they do not charge VAT on the services they provide and
cannot recover VAT incurred on goods and services that they purchase. Essentially only VAT
registered businesses which charge VAT are able to recover VAT. I have no plans to introduce
a VAT refund scheme for charities. It is not clear that refunding VAT paid by charities is an
appropriate method as opposed to grant-aiding the activities of charities using other criteria.
The tax code already treats charities in a favourable manner. The tax code currently provides
exemption for charities from Income Tax, Corporation Tax, Capital Gains Tax, Deposit
Interest Retention Tax, Capital Acquisitions Tax, Stamp Duty, Probate Tax, Dividend Withholding
Tax and the uniform scheme of tax relief for donations.
Personal Debt
141. Deputy Terence Flanagan asked the Minister for Finance the position regarding financial
assistance in respect of a person (details supplied) in County Dublin; and if he will make
a statement on the matter. [9410/11]
Minister for Finance (Deputy Michael Noonan): As the Deputy will appreciate, it would not
be appropriate for me, as Minister for Finance to comment on individual cases. As regards
assisting homeowners who are struggling to pay off mortgages, the Deputy will be aware of the
work of the Expert Group on Mortgage Arrears and Personal Debt. This Group produced two
Reports, an Interim Report published in July 2010 and a Final Report published in November
2010. All of the Expert Group’s recommendations are listed in Chapter 2 of the Final Report.
They can be accessed at www.finance.gov.ie.
Since the publication of the Reports, the Code of Conduct for Mortgage Arrears (CCMA)
has been revised by the Central Bank to reflect many of the recommendations of the Expert
Group, including key recommendations relating to the introduction by all regulated lenders of
a standardised Mortgage Arrears Resolution Process (MARP). The most significant changes
in the revised CCMA include:
• Borrowers in arrears who co-operate with the Mortgage Arrears Resolution Process
(MARP) are not charged penalty interest charges,
• Harassment of borrowers through unsolicited communications is outlawed,
• Borrowers in financial difficulties, but not in arrears, are allowed to come under the
MARP,
• When a lender is determining the 12 month period the lender must wait before applying
to the courts to commence legal action, the lender must exclude any time period
during which a borrower is complying with the terms of an alternative repayment
arrangement, making an appeal to the internal appeals Board or making a complaint
to the Financial Services Ombudsman under the CCMA.
The revised CCMA was published on 6 December 2010 and came into effect on 1 January
2011. The revised CCMA can be accessed at www.centralbank.ie. Lenders are required to
comply with the CCMA as a matter of law but have been given a period of six months grace
ending on 30 June 2011 to put in place the requisite systems and training of staff necessary to
support the implementation of the MARP. In addition, the Central Bank has also written to
lenders to issue directions under Section 149 of the Consumer Credit Act 1995 which will mean
that lenders cannot impose arrears charges or penalty interest on borrowers who are co-
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Questions— 3 May 2011. Written Answers
operating with the MARP. Lenders representing the majority of the market have already indicated
their willingness to implement the Expert Group’s proposals for a Deferred Interest
Scheme or a variation of it.
The Deputy will also be aware of the existing importance of the Mortgage Interest Supplement
Scheme and the Money Advice and Budgeting Service in assisting consumers who have
fallen into arrears or who are experiencing difficulties servicing their mortgage repayments.
Banking Sector Regulation
142. Deputy Brian Stanley asked the Minister for Finance the interest rates banks under
State control are charging on their variable mortgages; if his attention has been drawn to the
fact that banks under State control are charging punitive rates on these mortgages; the actions
he will take on reducing the interest rates being charged by banks under State control; the
actions he will take for mortgage holders who are struggling under the weight of high interest
rates; and if he will make a statement on the matter. [9423/11]
Minister for Finance (Deputy Michael Noonan): The Deputy will appreciate that the mortgage
interest rates, financial institutions operating in Ireland, charge to customers are a commercial
decision for the institutions concerned. While my Department monitors the impact of
changes in mortgage interest rates on the Consumer Price Index, it has no direct function in
relation to the individual institution’s decisions on the matter. A number of measures are in
place to assist mortgage holders who are in genuine difficulties with regard to the payment of
their mortgages The Deputy will be aware of the work of the Expert Group on Mortgage
Arrears and Personal Debt. This Group produced two Reports, an Interim Report published
in July 2010 and a Final Report published in November 2010. All of the Expert Group’s recommendations
are listed in Chapter 2 of the Final Report. They can be accessed at www.finance.gov.ie.
Since the publication of the Reports, the Code of Conduct for Mortgage Arrears (CCMA)
has been revised by the Central Bank to reflect many of the recommendations of the Expert
Group, including key recommendations relating to the introduction by all regulated lenders of
a standardised Mortgage Arrears Resolution Process (MARP). The most significant changes
in the revised CCMA include:
• Borrowers in arrears who co-operate with the MARP are not charged penalty
interest charges,
• Harassment of borrowers through unsolicited communications is outlawed,
• Borrowers in financial difficulties, but not in arrears, are allowed to come under the
MARP,
• ·When a lender is determining the 12 month period it must wait before applying to
the courts to commence legal action, it must exclude any time period during which a
borrower is complying with the terms of an alternative repayment arrangement, making
an appeal to the internal appeals Board or making a complaint to the Financial Services
Ombudsman under the CCMA.
The revised CCMA was published on 6 December 2010 and came into effect on 1 January
2011. The revised CCMA can be accessed at www.centralbank.ie. Lenders are required to
comply with the CCMA as a matter of law but have been given a period of six months grace
ending on 30 June 2011 to put in place the requisite systems and training of staff necessary to
support the implementation of the MARP. In addition, the Central Bank has also written to
161

[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
lenders to issue directions under Section 149 of the Consumer Credit Act 1995 which will mean
that lenders cannot impose arrears charges or penalty interest on borrowers who are cooperating
with the MARP. Lenders representing the majority of the market have already indicated
their willingness to implement the Expert Group’s proposals for a Deferred Interest
Scheme or a variation of it.
The Deputy will also be aware of the existing importance of the Mortgage Interest Supplement
Scheme and the Money Advice and Budgeting Service in assisting consumers who have
fallen into arrears or who are experiencing difficulties servicing their mortgage repayments.
Flood Relief
143. Deputy Dara Calleary asked the Minister for Finance the estimated cost of a flood relief
project in County Mayo (details supplied); if he will provide a break down of the estimate
between road raising and drainage and a timeframe for the completion of works. [9450/11]
Minister of State at the Department of Finance (Deputy Brian Hayes): Mayo County Council
applied under the Office of Public Works (OPW) Minor Flood Mitgation Works Scheme in
2009 and 2010 for funding to undertake road-raising and ancillary works to addresss the flooding
problem at the location concerned. Investigations by the OPW into this problem had identified
no practical drainage solutions due to a lack of feasible drainage paths, and found the
only practical solution to be road-raising.
As per the funding applications submitted by Mayo County Council, they estimated the total
cost of the works to be in the order of €300,000, comprising an estimate of €280,000 to undertake
road-raising together with the construction of a retaining wall and the installation of
balanced drainage, and €20,000 in respect of a study.
Road-raising is primarily a matter for Mayo County Council, and as such the OPW Minor
Works Scheme does not provide funding for works of this nature.
144. Deputy Dara Calleary asked the Minister for Finance the position regarding a flood
relief project in County Mayo (details supplied). [9451/11]
Minister of State at the Department of Finance (Deputy Brian Hayes): The Office of Public
Works (OPW) has completed a survey of the area concerned, and is currently examining two
alternative options aimed at providing flood protection in the town. The economic and technical
viability of these options is currently being assessed by the OPW. If an option is deemed viable,
the National Parks & Wildlife Service, Mayo County Council and landowners will be consulted
to establish whether it can be taken forward.
Illicit Trade in Tobacco Products
145. Deputy Seán Kenny asked the Minister for Finance the quantity of cigarettes and other
tobacco products seized by Customs in Dublin Port and Dublin Airport for each year since
2007 and to date in 2011. [9460/11]
146. Deputy Seán Kenny asked the Minister for Finance the amount of cash seized by Customs
in Dublin Port and Dublin Airport for each year since 2007 and to date in 2011 and the
amount of cash that has been returned to the Exchequer. [9461/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 145 and
146 together.
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Questions— 3 May 2011. Written Answers
I am advised by the Revenue Commissioners that the following tables represent the amounts
of cigarettes and tobacco products seized by Revenue in Dublin Port and Airport for each year
since 2007 and to date in 2011.
Dublin Airport
Cigarettes
Tobacco
2007 38,825,920 788.20 KGM
2008 37,890,477 1,685.76 KGM
2009 32,305,432 2,685.51 KGM
2010 24,091,486 1,062.72 KGM
2011 to 31/3/2011 6,349,439 379.99 KGM
Totals 139,462,754 6602.18 KGM
Dublin Port
Cigarettes
Tobacco
2007 21,943,439 115.40 KGM
2008 71,830,348 164.22 KGM
2009 47,451,795 6,519.72 KGM
2010 73,118,582 156.95 KGM
2011 to 31/3/2011 19,903,477 28.25 KGM
Totals 234,247,641 6984.54 KGM
Totals
Cigarettes
Tobacco
2007 60,769,359 904 KGM
2008 109,720,825 1,850 KGM
2009 79,757,227 9,205 KGM
2010 97,210,068 1,219 KGM
2011 to 31/3/2011 26,252,916 408 KGM
Totals 373,710,395 13,576 KGM
I am advised by the Revenue Commissioners that the following tables represent the amounts
of cash seized by Revenue at Dublin Port and Airport, and the amounts of cash that have been
forfeited to the Exchequer. The Dublin cash seizures still under investigation represent
€2,217,911.
Cash Seizures
Year Airport Port Total
2007 304,397 — 304,397
2008 2,776,770 — 2,776,770
2009 718,348 297,245 1,015,593
2010 832,552 68,660 901,212
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Questions— 3 May 2011. Written Answers
[Deputy Michael Noonan.]
Year Airport Port Total
2011 185,295 — 185,295
Total 4,817,362 365,905 5,183,267
Cash Forfeitures
Year Airport Port Total
2007 30,889 7,939 38,828
2008 243,432 26,267 269,699
2009 379,623 — 379,623
2010 1,919,665 26,775 1,946,440
2011 236,088 — 236,088
Total 2,809,697 60,981 2,870,678
Banking Sector Regulation
147. Deputy Eoghan Murphy asked the Minister for Finance his views on the development
or redevelopment of branch offices by Bank of Ireland and AIB; if he will provide detail of
such work and money allocated in 2010, 2011 and 2012 and if he intends to put a stop to any
such plans in relation to the significant restructuring of the bank which is currently under
way. [9539/11]
Minister for Finance (Deputy Michael Noonan): The Government operates at arms’ length
from the banks and does not become involved in these types of operational matters. I do not
have any views on the development or redevelopment of branch offices by the banks mentioned
and I do not consider it appropriate to get involved in these matters. I might add that I have
already received representations in relation to a redevelopment in the Deputy’s constituency
and advised the representor accordingly.
Tax Code
148. Deputy Eoghan Murphy asked the Minister for Finance his views regarding the proposal
(details supplied) to use changes in the application of VAT on those visiting the country as a
short-term method of increasing tourism numbers. [9540/11]
Minister for Finance (Deputy Michael Noonan): Irish VAT law is governed by the EU VAT
Directive. Articles 146 and 147 of this Directive provide for a scheme whereby persons from
outside the EU can claim a refund on VAT charged to them on any goods purchased here that
are brought outside the Community. This is known as the retail export scheme. The scheme
specifically applies to goods and not services, and refunds can be obtained only on purchases
of goods, such as souvenirs, gifts etc., bought for non-business purposes, which the tourist or
traveller brings with them when leaving the EU. No refund can be obtained for goods that
remain in Ireland, or for any services, such as hotel accommodation, car-hire or restaurant
meals. For the refund to apply, the goods must be taken outside of the European Union by
the purchaser. The basic principle is that the goods are treated as exports and are not consumed
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Questions— 3 May 2011. Written Answers
in the European Union. In this context, EU VAT law does not allow for a scheme as outlined
by the Deputy.
National Asset Management Agency
149. Deputy Eoghan Murphy asked the Minister for Finance further to Parliamentary Question
No. 76 of 5 April 2011, if he will provide a summary of those areas or issues he understands
that the provision in the National Asset Management Agency Act 2009 to contribute to the
social and economic development of the State will apply to. [9541/11]
Minister for Finance (Deputy Michael Noonan): NAMA has a commercial remit and its
overriding objective is to generate a return for the taxpayer. However, within the context of
its commercial remit and consistent with section 2 of the National Asset Management Agency
Act 2009, NAMA is at all times open to considering proposals aimed at contributing to broader
social and economic objectives. This includes facilitating public bodies in the creation of vibrant
sustainable communities. The NAMA Board has also committed to giving first option to State
bodies on the purchase of property which may be suitable for their purposes where these bodies
have requirements such as schools, parks, and so on. NAMA assures me that it will play a key
social and economic role by regenerating activity in the property market through its asset sales
strategy and through its provision of liquidity to the banks in the form of NAMA securities
which can be used as collateral for funding.
Indeed, I understand that both the Minister for Housing and Planning and officials of the
Department of Environment, Heritage and Local Government have had discussions with
NAMA on the issue of social and affordable housing in order to explore potential solutions
which would enable such housing to be provided on a commercial basis. NAMA has also
engaged with the Minister and with the Department on the issue of unfinished housing estates.
Programme for Government
150. Deputy John McGuinness asked the Minister for Finance the specific proposals in the
Programme for Government for which he is responsible; the target dates which he has agreed
in relation to the delivery of these proposals; and if he will publish an implementation schedule.
[9585/11]
Minister for Finance (Deputy Michael Noonan): I refer the Deputy to the Statement of
Common Purpose in the Government Programme in which we indicate that we will get the
economy moving, restore confidence, fix our banking system and support the creation and
protection of jobs. We further indicate that the success of our economic plans will lay the
foundation for the rest of our agenda for change. The Government share collective responsibility
for the achievement of these over-arching objectives. As regards priorities in my particular
area of responsibility, these include actions to tackle the banking issue, the forthcoming
Jobs Initiative, matters relating to the establishment of the Department of Public Expenditure
and Reform, the bringing forward of fiscal reform, the pricing of the EU/Euro area assistance
under the EU/IMF Programme of Support and the formal review of that Programme. In
relation to that Programme, as you know the Government recently successfully completed the
Review Mission.
I can assure the Deputy that my aim is to make as much progress as possible as quickly as
possible in relation to each of these areas.
Banking Sector Regulation
151. Deputy Joe McHugh asked the Minister for Finance the fees that were attached to the
165

[Deputy Joe McHugh.]
Questions— 3 May 2011. Written Answers
credit guarantee scheme introduced in September 2008; the measures that were put in place to
ensure banks were not and are not paying bonuses or dividends at the expense of taxpayers
and at the expense of repaying taxpayers; the measures being used to ensure that the taxpayer
is adequately compensated for the support provided; and if he will make a statement on the
matter. [9615/11]
Minister for Finance (Deputy Michael Noonan): The Credit Institutions (Financial Support)
Scheme 2008 (CIFS) provided that each covered institution pay a charge to the Exchequer for
its guarantee. The sum of €760,467,567 was paid into the Exchequer on 28 October 2010 in
respect of all fees and interest accumulated under the Credit Institutions (Financial Support)
Scheme which terminated on 29 September 2010. Including payments received under the Eligible
Liabilities Guarantee Scheme (ELG), over €1.3 billion has been transferred to the
Exchequer as at October 2010 as a consequence of the support provided by the State and
taxpayer. A further sum of over €591,000,000 has been received in fees under ELG from the
participating institutions since 28 October 2010. Fees for the CIFS were originally calculated
to compensate the State for the cost of the Guarantee. Fees for ELG, which are higher, were
calculated on a basis that included market ratings of risk. The Deputy will be aware that since
the introduction of the Guarantee in September 2008 there have been a number of Government
backed initiatives which impact on the operational environment and place specific restrictions
and limitations on the covered institutions in relation to the payment of dividends, and also
the payment of bonuses to their senior management and staff. I refer to the publication of the
CIROC Report in March 2009 and the subscription agreements for the recapitalization of Bank
of Ireland and AIB, and the nationalisation of Anglo Irish Bank, and the later capital injections
by Government in support of the EBS Building Society and Irish Nationwide Building Society.
An important feature of the Credit Institutions (Stabilisation) Act 2010 is the provision which
will stem the payment of bonuses for those banks receiving State support by way of capital
investment by the Government. Paragraph 48 of the CIFS provided that a covered institution
shall comply with rules governing the declaration and payment of dividends made by the Minister
after consultation with the Governor and the Regulatory Authority.
The Deputy is no doubt also alluding to the termination payment to the former CEO of AIB
in his question. I am extremely unhappy about this payment to the former Chief Executive.
My officials are in ongoing correspondence with the bank about the payment investigating the
circumstances of this payment including whether the bank was contractually obliged to make
the payment or whether it could have been avoided. The investigation will also ascertain at
what level the package was approved and whether any further action should be taken in relation
to the issue. This is a complicated legal situation and I do not want to say more about it at this
stage. I hold the view that as much information as possible on this type of issue should be made
available to the public and will ensure that this happens at the appropriate time. I think it is
important to point out however a key element of the Credit Institutions (Stabilisation) Act
2010 is that it allows me as Minister for Finance to impose conditions when providing State
support to an institution. This provision has been used to prohibit the payment of performance
related bonuses at AIB in December 2010.
Tax Code
152. Deputy Robert Dowds asked the Minister for Finance his plans to abolish mortgage
interest relief for first time buyers in June 2011; and if he will make a statement on the
matter. [9619/11]
166

Questions— 3 May 2011. Written Answers
176. Deputy Aengus Ó Snodaigh asked the Minister for Finance the date on which mortgage
interest relief for first time buyers in 2004-2008 will be increased as stated in the programme
for Government. [9781/11]
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 152 and
176 together.
There is a commitment in the Programme for Government to help homeowners in distress
to weather the recession. The Government will examine a number of proposals in relation to
this commitment.
One of these proposals relates to increasing mortgage interest relief to 30% for First Time
Buyers who bought between 2004 and 2008 and to finance this in part by abolishing mortgage
interest relief for new buyers from June 2011.
When this proposal has been thoroughly examined and analyzed and the findings and recommendations
are presented to me, I will decide on the appropriate action to be taken. However,
it is unlikely that any measures will be introduced before Budget 2012.
Interest Rates
153. Deputy Seán Fleming asked the Minister for Finance in respect of the EU-International
Monetary Fund Programme for Assistance, if a moratorium on interest payments was agreed
as part of this deal and the period of this moratorium; the year in which interest charged will
have to be paid; if this rolled up interest was in addition to the amounts to be provided by the
EU and IMF or was it to be part of the overall assistance package; if he will outline the effect
of a 1% reduction in interest rates on the actual payments to be made each year under this deal
as originally drawn up notwithstanding the actual draw down of funds would vary depending on
requirements; and if he will make a statement on the matter. [9673/11]
154. Deputy Seán Fleming asked the Minister for Finance in respect of the EU-International
Monetary Fund Programme for Assistance, if he will set out in tabular form the interest charge
in 2011 and the actual interest to be paid in 2011 in respect of the draw downs to date, namely,
€8.373 billion from the EFSM, the €5.836 billion from the IMF and the €3.592 billion from the
EFSF, totalling €17.801 billion and the estimated interest charge in 2011 and estimated actual
interest to be paid in 2011 in respect of funds projected to be drawn down during the remainder
of the year; and if he will outline the position for each year for the remainder of the agreement;
and if he will make a statement on the matter. [9674/11]
166. Deputy Michael McGrath asked the Minister for Finance the position regarding efforts
to secure a reduction in the interest rate attached to the Ireland EU-IMF-ECB Programme;
and if he will make a statement on the matter. [9745/11]
167. Deputy Michael McGrath asked the Minister for Finance if he will provide details of
the technical basis of the calculation of the various interest rates attached to the separate
elements of the Ireland EU-IMF-ECB Programme and the way he plans to achieve a reduction
in the various rates for Ireland. [9746/11]
168. Deputy Michael McGrath asked the Minister for Finance the amount of money, on full
drawdown of the expected €74 billion of the €85 billion loan facility, that will be saved each
year by a 1% reduction in the interest rate attached to the Ireland EU-IMF-ECB Programme;
and if he will make a statement on the matter. [9747/11]
167

Questions— 3 May 2011. Written Answers
Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 153, 154
and 166 to 168, inclusive, together.
There is a general appreciation at European level of the importance of debt sustainability
considerations in the pricing of EU and euro area financial assistance loans to member states.
In this regard, the Heads of State or Government of the euro area decided on 11 March last
that the “pricing of the EFSF (loans) should be lowered to better take into account debt
sustainability of the recipient countries, while remaining above the funding costs of the facility,
with an adequate mark up for risk, and in line with IMF pricing principles”. The European
Council also decided that the interest rate on the loans to Greece will be adjusted by 100 basis
points. The position in relation to the pricing of Ireland’s loans was considered in the context
of wider political discussions but the Council did not take any decision on the matter. The
pricing of Ireland’s loan is being pursued vigorously by myself and my Department at European
level. A decision on this is expected to be made by Eurogroup and ECOFIN Ministers. It is
being addressed through that forum. However, every opportunity to present our case on the
interest rate is being taken.
It is not possible at this stage to provide definitive estimates on the level of savings which
would arise if reductions were agreed in the pricing of the EU loans to Ireland. However, I
understand from preliminary analysis undertaken by the NTMA that a 1% target reduction in
the interest rate could yield overall savings of the order of €725 million over the life of the
€12.6 billion European Financial Stabilisation Mechanism (EFSM) and European Financial
Stability Facility (EFSF) loans which have been drawn down so far. The estimated equivalent
annual savings would be approximately €130 million. I emphasise that these estimates are based
on the amounts drawn down to date. The actual savings that would arise from any interest rate
reduction secured would depend on the total amount of funds drawn down from the EFSM
and the EFSF and on the maturity profile of any such loans. The total amount of funding
available from the EU and the IMF is €67.5 billion, €45 billion of which comes from the EU
through the EFSM, the EFSF and the bilateral loans. For illustrative purposes, the saving
arising from a 1% reduction on the interest rate charged on the full €45 billion available from
EU sources would be €450 million for each full year borrowed. If this €45 billion was held for
an average 7.5 years, i.e. the term envisaged in the programme, the total saving would amount
to €3.375 billion. There is no moratorium on interest payments on any part of the funding
agreed under the EU-IMF programme.
As regards the interest rates Ireland is paying, the average (blended) interest rate on the
€67.5 billion available to be drawn from these three external sources was estimated to be 5.82%
on the basis of market rates at the time of the agreement. The actual cost will depend on the
prevailing market rates at the time of each drawdown and could be higher if market rates have
deteriorated. The average life of the borrowings, which will involve a combination of longer
and shorter dated maturities, is 7.5 years. The interest on Ireland’s borrowing from the EFSM
is based on the cost to the EFSM of raising funds in the markets plus a margin of 2.925%. In
the case of the EFSF, the cost of funds for Ireland is based on the cost to the EFSF of raising
funds in the markets plus a margin of 2.47%, plus the cost of credit enhancement features
which can vary over time but which amounted to 0.54% on the loan drawn down from EFSF
on 1 February 2011.
Interest on borrowings from the IMF will be paid quarterly at the IMF’s standard interest
rate applying to countries which draw on its Extended Fund Facility. This rate is set by reference
to the IMF’s basic rate of charge plus surcharges, which vary based on the amount of funds
drawn relative to a country’s IMF quota and the duration for which funds are outstanding. The
Special Drawing Rights interest rate, which is expressed as an equivalent annual bond yield, is
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Questions— 3 May 2011. Written Answers
calculated weekly by the IMF with reference to financial instruments of the component currencies
in the Special Drawing Rights basket: the three-month Eurepo rate; the three-month
Japanese Treasury Discount bills; the three-month UK Treasury bills; and the three-month US
Treasury bills. Up to a threshold of three times a country’s IMF quota, as determined by the
IMF, a margin of 1% over the SDR rate is payable. On all funds beyond that threshold, an
additional margin of 2% is payable plus a further margin of 1% if the funds are outstanding
for more than three years.
In view of this calculation method, the annual interest cost is variable. The annual interest
amount will be known with certainty when the full year interest payments have been made.
Based on current market conditions, the NTMA has estimated an effective average annual
interest rate cost for borrowing from the IMF of around 5.20%, taking into account quota
revisions and the cost of hedging and assuming drawdown of the full €22.5 billion available
from the IMF. The interest rate for the UK loan will be the 7.5 year sterling swap rate plus a
margin of 2.29%. Discussions on the Swedish and Danish loan agreements are continuing and
the interest rate to be charged forms part of the discussions. The interest rates and actual
interest to be paid in 2011 in respect of draw downs to date is set out in the following table:
Net Draw down Maturity Interest Rate First Coupon Interest
Disbursement Date Profile (Effective) date payable in 2011
amount
€billion % € million
EFSM 4.973 12 Jan 2011 4 years 11 5.51 5 Dec 2011 243
months
3.4 24 March 2011 7 years 6.206 4 April 2012 n/a
IMF 5.836 18 Jan 2011 7 1 2
years 1.92 SDR = Quarterly 253
average life 5.2% €*
EFSF 3.592** 1 Feb 2011 5 years 6 5.9 18 July 2011 95
months
Total 17.801*** 5.62**** 591
*The SDR rate on the IMF drawdown reflects the lower rate arising from our recent quota increase. It is lower
than the overall indicative rate for this funding as it is the initial drawdown and accordingly a portion of the
drawdown attracts a lower rate of interest as it is less than 3 times quota. An additional surcharge is added for any
borrowing in excess of 3 times quota that is outstanding for more than three years. The 5.2 % euro rate shown is
the estimated equivalent rate at current market rates and taking account of an expected future increase in Ireland’s
IMF quota when the full amount of the SDR floating rate funds available under the Programme is swapped into
euro fixed rates.
**This is the net disbursement amount. The drawdown under the EFSF is €4.2 billion but some €600 million of this
is applied to credit enhancement measures, leaving €3.592 billion available for the Exchequer.
***This is the net disbursement amount. Taking account of the €600 million in credit enhancement measures in the
EFSF funding, the total drawdown amount is €18.4 billion.
****The effective interest rate on the total amount is calculated using the 5.2% euro equivalent interest rate shown
above for IMF funding.
The interest payments and interest rates for the remaining disbursements in 2011 and later
disbursements will not be known until the money is actually drawn down as the amount of
interest payable is determined by both the timing of the first coupon payment and the interest
rate at which the loan is issued. As stated in a reply to a parliamentary question on 20 April
last, the profile of drawdowns for the external funding is subject to ongoing review. Following
the recent review mission, a revised schedule is being discussed by the NTMA, the EU, the
ECB and the IMF. This profile will be published when it is finalised. I expect this to take place
shortly. The actual level of drawdown will depend on a wide range of factors including economic
growth and the performance of the public finances under the EU-IMF Programme.
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Tax Code
155. Deputy Thomas P. Broughan asked the Minister for Finance if he has liaised with the
Department of Foreign Affairs in terms of including in the forthcoming jobs initiative the
commitment in the programme for Government to cut the 13.5% rate of VAT to 12% up to
2013 to assist exporters; and if he will make a statement on the matter. [9680/11]
Minister for Finance (Deputy Michael Noonan): The Government has committed in the
Programme for Government to lower the reduced rate of VAT up to the end of 2013. Details
of this measure will be introduced in the forthcoming jobs initiative.
Banking Sector Regulation
156. Deputy Richard Boyd Barrett asked the Minister for Finance the process under which
the Central Bank contracted the Boston Consulting Group, Barclay’s Capital and BlackRock
Solutions to conduct the stress tests on the Irish banking system; if he will address, in particular,
the reasons BlackRock Solutions was hired; the amount it was paid and the tendering process
it undertook. [6900/11]
Minister for Finance (Deputy Michael Noonan): The Central Bank of Ireland is not
Exchequer funded. This matter is the responsibility of the Central Bank Commission. The
Minister for Finance had no role in the matter. The Central Bank has informed me that in light
of the requirement under the EU-IMF programme to use consultants under a very tight deadline
for urgent financial stability purposes, it was not possible to apply normal tender processes.
However, expert firms were selected from a larger list. The Central Bank invited those firms
to tender and those able to provide submissions at short notice were reviewed. A selection
panel, including a Central Bank appointed risk adviser, was used to assess presentations from
firms. Firms were also asked to provide fee estimation and were then selected. Firms were
chosen on the basis of their expertise and knowledge, with each having a specific role in specified
areas.
BlackRock is a leading global provider of investment and risk advisory services to public
and private clients. It was commissioned to leverage its extensive expertise to provide a bottomup
loan loss forecast for the Irish banks in both a base case and a stress scenario over the next
three years and lifetime. Barclays Capital provided expert advice on banking sector reorganisation
and deleveraging issues. The Boston Consulting Group provided project management
resources across the Financial Measures Programme, assessed the loan loss forecasting exercise
and contributed to expert advice for the PCAR and PLAR. The Central Bank has informed
me that final cost is expected to be in the region of €30 million, including VAT. It is important
to note that these costs relate to the three firms and third party subcontractors. The costs also
cover additional work that is being carried out during the second quarter of 2011 in relation to
the assessment of INBS loan losses and review of Anglo loan loss methodologies. Details of
all firms, including third party subcontractors are available in the Central Bank’s Financial
Measures Programme Report, which is available at www.financialregulator.ie/industrysectors/credit-institutions/Documents/The%20Financial%20Measures%20Programme%
20Report.pdf.
National Asset Management Agency
157. Deputy Richard Boyd Barrett asked the Minister for Finance if BlackRock Solutions
or, any of its subsidiaries, manages any assets for the National Asset Management Agency in
view of the conflict of interest between its current role and its position as the world’s largest
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Questions— 3 May 2011. Written Answers
assets management agency; and if it has given the State a guarantee not to become a client of
NAMA in the future [6901/11]
Minister for Finance (Deputy Michael Noonan): The Central Bank engaged BlackRock Solutions,
an international firm with a strong reputation in the market for its capabilities in
assessing losses in credit portfolios, to assist it in its Prudential Capital Assessment Review and
Prudential Liquidity Assessment Review. The results of both exercises were announced last
month. I understand BlackRock Solutions and its subsidiaries neither are, nor have been,
service providers to NAMA. As with any other potential service provider, BlackRock Solutions
is not precluded from responding to any public procurement tenders that may be issued in
future by NAMA. However, under section 45 of the National Asset Management Agency Act,
as part of its contractual arrangements with service providers NAMA is obliged to seek to
ensure that each service provider makes every effort to avoid or manage conflicts of interest
and to declare any such conflict to the agency.
Banking Sector Regulation
158. Deputy Richard Boyd Barrett asked the Minister for Finance the position regarding the
crisis in Irish Life and Permanent and his response to same; and if he will make a statement
on the matter. [6902/11]
Minister for Finance (Deputy Michael Noonan): I understand the Deputy’s question relates
to Irish Life and Permanent’s sale of its insurance subsidiary, Irish Life Assurance. The Deputy
will be aware from my statement of 31 March 2011 on banking matters that in order to satisfy
the Central Bank of Ireland’s capital requirements, Irish Life and Permanent must raise substantial
equity capital and will require a significant restructuring of its business. The management
of Irish Life and Permanent will produce a detailed capital plan to me shortly. However,
the basic elements of the plan are clear and are reflected in the deleveraging plans it agreed
with the Central Bank. Irish Life will immediately commence a process to sell Irish Life Assurance
as well as other non-banking assets. As I informed the House previously, the life division
of ILP is profitable. However, it is backing up an impaired banking system. It is being put on
the market as a profitable insurance company and unless it is severed from the impaired bank,
it will be contaminated by the banking system.
Public Sector Staffing
159. Deputy Robert Troy asked the Minister for Finance if he has considered extending the
paid career breaks in the public service. [9723/11]
Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, the Special
Civil Service Incentive Career Break Scheme 2009 was introduced as a once-off measure in the
Supplementary Budget on 7 April 2009. The measure was extended to staff in different areas
of the public service, including the local government sector and the HSE. The closing date for
participation in this scheme has expired and there is no current proposal to extend this scheme.
State Agencies
160. Deputy Michael McGrath asked the Minister for Finance if he will provide details of
the proposed pay review among the commercial semi-State sector and State agencies; if the
review will encompass all employees of such bodies; the person who will conduct the review;
the terms of reference; when the review is expected to be completed; and if he will make a
statement on the matter. [9738/11]
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Questions— 3 May 2011. Written Answers
Minister for Finance (Deputy Michael Noonan): The agreement of the relevant Minister and
the Minister for Finance is, under various statutes, required in relation to the remuneration of
all employees of non-commercial State bodies and agencies and the remuneration of CEOs of
commercial State companies. There are no such statutory provisions in relation to the remuneration
of other staff in commercial State companies. The current arrangement for setting the
remuneration of these CEO posts is based on comparative analysis with posts in the private
sector. The last such review took place in 2007. I understand my colleague, the Minister, Deputy
Howlin, intends to give further consideration as to how best to effect reductions in the remuneration
of CEOs of commercial State companies and agencies — while acknowledging that there
may be contractual issues in relation to current incumbents — and to bring proposals on the
matter to the Government shortly.
Question No. 161 answered with Question No. 68.
Tax Code
162. Deputy Michael McGrath asked the Minister for Finance the cost to the Exchequer in
2010 and the expected cost in 2011 of providing income tax relief on pension contributions
under existing legislation; the amount the corresponding figures would be if all pension contributions
only attracted tax relief at the lower 20% rate; and if he will make a statement on the
matter. [9740/11]
Minister for Finance (Deputy Michael Noonan): The table below provides a breakdown of
the estimated cost of tax and PRSI reliefs relating to private pension contributions for 2008. I
am informed by the Revenue Commissioners that 2008 is the year for which the most up-todate
data is available. Figures have been rounded where appropriate.
Estimate of the cost of tax and PRSI reliefs on private pension Estimated cost Numbers*
contributions 2008.
€million
Employees’ Contributions to approved Superannuation Schemes 655 792,600
Employers’ Contributions to approved Superannuation Schemes 165 362,700**
Estimated cost of exemption of employers’ contributions from
employee BIK 595 362,700
Retirement Annuity Contracts (RACs) 353 116,000
Personal Retirement Savings Accounts (PRSAs) 74 53,900
Estimated cost of PRSI and Health Levy relief on employee
contributions 255 Not available
*Numbers as included in P35 returns from employers to Revenue for 2008. Figures are as verified to date but may
be subject to revision.
**Numbers of employees for whom employers are contributing to occupational pension funds as included in P35
returns to Revenue for 2008. Figures are as verified to date but may be subject to revision.
I am advised by the Revenue Commissioners that while corresponding updates of the cost
figures are not yet available for the 2009 tax year, the necessary work of assembling the basic
data to enable this to be done is ongoing. No data is available for 2010 or 2011. As regards
reducing tax relief to the standard rate of 20%, I assume the Deputy is referring to individual
pension contributions, the tax relief on which is allowed at the taxpayer’s marginal tax rate —
the standard or higher rate of income tax as appropriate in each case. A breakdown of the cost
of tax relief on employee contributions to occupational pension schemes is not available by
income tax rate, as tax returns by employers to the Revenue Commissioners of employee
contributions to such schemes are aggregated at employer level. An historical breakdown is
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Questions— 3 May 2011. Written Answers
available by tax rate of the tax relief claimed on contributions to personal pension plans —
retirement annuity contracts and personal retirement savings accounts — by the self-employed
and others, to the extent that the contributions have been included in the personal tax returns
of those taxpayers. The latest full historical data available in this regard is in respect of the tax
year 2008. There is, therefore, no statistical basis for providing definitive figures. However, by
making certain assumptions about the available information, it is estimated that the full-year
yield to the Exchequer from confining tax relief to the standard rate of 20% in respect of
individual contributions to occupational pension schemes, retirement annuity contracts and
personal retirement savings accounts would be approximately €500 million.
163. Deputy Michael McGrath asked the Minister for Finance his plans to progressively
reduce the tax relief on pension contributions during the period 2012 to 2014 in line with the
previous Government’s national recovery plan 2011-14; and if he will make a statement on the
matter. [9741/11]
Minister for Finance (Deputy Michael Noonan): The gradual reduction from marginal to
standard rate tax relief on pension contributions commencing in 2012 forms part of the fiscal
consolidation measures in the agreement with the EU, IMF and the ECB over the period 2011
to 2014. The Government has initiated a Comprehensive Review of Expenditure to provide it
with a set of decision options to meet the overall fiscal consolidation objectives and realign
spending with the programme for Government priorities. The review is due to be completed
by the end of September 2011. When this review is complete, the Government will examine
the findings. Based on the findings and in consultation with the EU, the IMF and the ECB, it
will introduce fiscally neutral changes to the detail of the EU-IMF programme of financial
support for Ireland while maintaining the overall commitment to fiscal consolidation. The scope
for any change to the proposed standard rating of tax relief on pension contributions will be
examined in that context.
164. Deputy Michael McGrath asked the Minister for Finance the position regarding the
planned economic assessment of certain property-based tax reliefs; when the review will commence;
the person who will carry out the review; when the review will be completed; and if he
will make a statement on the matter. [9742/11]
Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, the programme
for Government states that the Government will “reduce, cap or abolish property tax
reliefs and other tax shelters which benefit very high income earners”. A small team in my
Department, in consultation with the Revenue Commissioners, is in the early stages of carrying
out an economic impact assessment of possible changes to the property-based reliefs in line
with the Government programme. This may need to be supplemented to a limited extent by
some additional external expert advice. The results of the economic impact assessment will be
considered in the context of the preparation of budget 2012.
Banking Sector Regulation
165. Deputy Michael McGrath asked the Minister for Finance if he has raised with the EU-
IMF and ECB the suggestion of debt-for-equity swaps in the Irish banks as a measure to reduce
the amount of recapitalisation required by the Irish taxpayer; and if he will make a statement
on the matter. [9744/11]
Minister for Finance (Deputy Michael Noonan): A number of international organisations
including the EU Commission and the Financial Stability Board are investigating the potential
173

[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
for various forms of burden-sharing such as debt-write downs, debt-for-equity swaps and contingent
capital. These are sometimes referred to as “bail-in” tools. No clear international consensus
about the specifics of how such tools should work in practice has emerged. This international
work is looking forward. Burden sharing with current bank debt holders is not being
examined by these organisations. I have already indicated that the topic of burden sharing,
including a debt for equity swap, for current unguaranteed senior bank debt was discussed with
the EU, IMF and ECB in the context of the Government’s approach to restructuring the
banking system as set out in my statement to the House on banking matters on 31 March last.
In my statement. I emphasised that it is vital that the proposed three banks — Bank of Ireland,
AIB-EBS, and Irish Life and Permanent — are able to operate in the market place following
their reorganisation, including regaining access to normal funding mechanisms in due course.
The Government therefore decided, informed by the reservations of the ECB, that these banks
will not share the burden with senior bondholders of their constituent banks, whether guaranteed
or unguaranteed. As the Deputy is aware, work is under way to ensure appropriate burden-sharing
by subordinated bondholders in AIB, Irish Life and Permanent and Bank of
Ireland. I also reiterated in my statement that it is Government policy to work out Anglo Irish
Bank and Irish Nationwide Building Society in an orderly manner over time and to minimise
further injections of taxpayer capital into either institution. I have made clear that should
additional capital be required, the Government will consult the external partners on the timeframe
and means of recapitalising those institutions at minimum cost to the taxpayer, having
regard to the financial stability impacts in Ireland and abroad.
Questions Nos. 166 to 168, inclusive, answered with Question No. 153.
Infrastructural Development
169. Deputy Dessie Ellis asked the Minister for Finance his plans to introduce local labour
clauses in contracts for future transport infrastructure projects. [8626/11]
Minister for Finance (Deputy Michael Noonan): Contracts relating to transport infrastructure
projects, or indeed any public works projects, are governed by treaty principles and EU
directives on public procurement. The provisions in the EU directives allow contracting authorities
to attach social conditions to the performance of contracts, as long as they are compatible
with EU law. In this regard, EU law requires that such conditions must be made known
to all interested parties and cannot restrict participation by contractors from other member
states. The specifying of such conditions is a matter for the contracting authority concerned,
having regard to the foregoing considerations.
Corporation Tax Policy
170. Deputy Micheál Martin asked the Minister for Finance if he has prepared any documents
relating to his policy on corporation tax for circulation to the Heads of State and Government
of the other European Union states. [8190/11]
Minister for Finance (Deputy Michael Noonan): Corporation tax policy is a national competence.
Our position on tax harmonisation is well known among our EU partners. In the
circumstances, the question of preparing and circulating documents to our EU partners on our
overall corporate tax policy does not arise. My Department commissioned a study from Ernst &
Young economic consultants on the budgetary and economic implications for the EU and its
member states of the introduction of a Common Consolidated Corporate Tax Base. That study
has been made available to all our EU partners through the Department’s website.
174

Questions— 3 May 2011. Written Answers
Question No. 171 answered with Question No. 65.
Proposed Legislation
172. Deputy Micheál Martin asked the Minister for Finance if he is committed to holding a
referendum to reverse the Abbeylara judgment to enable Oireachtas committees to carry out
full investigations. [6661/11]
Minister for Finance (Deputy Michael Noonan): The Government is committed to holding a
referendum to amend the Constitution to reverse the effects of the Abbeylara judgement and
enable Oireachtas committees to carry out full investigations. This is in line with the commitment
in the programme for Government. Before any amendment is prepared, there will have to
be detailed consideration of the complex legal issues involved. Nevertheless, the Government is
committed to holding a referendum as quickly as possible.
Register of Lobbyists
173. Deputy Micheál Martin asked the Minister for Finance if he has put in place any
arrangements to restrict the lobbying of his Department by any person. [6665/11]
Minister for Finance (Deputy Michael Noonan): The Government has committed to introduce
a statutory register of lobbyists and to establishing rules concerning the practice of lobbying.
The Government’s published legislative programme indicated that this will be part of an
Electoral Commission Bill to be published by the Minister for the Environment, Heritage and
Local Government.
Departmental Bodies
174. Deputy Aengus Ó Snodaigh asked the Minister for Finance if the composition of the
expert group on mortgage arrears and personal debt is to be changed; his views on whether
there should be a broader range of experts and less bankers in this group. [9778/11]
Minister for Finance (Deputy Michael Noonan): The Expert Group on Mortgage Arrears
and Personal Debt published its final report in November 2010. There are no plans to reconstitute
the group.
Personal Debt
175. Deputy Aengus Ó Snodaigh asked the Minister for Finance if and when the recommendations
of the expert group on mortgage arrears will be implemented and in particular the
following recommendations, a mechanism should be put in place to allow repossessed borrowers
to remain in their homes for a time, allowing the housing authority time to source
appropriate accommodation, lenders should consider facilitating borrowers in negative equity
who wish to trade down to a more affordable home and that bankruptcy legislation should be
introduced. [9779/11]
Minister for Finance (Deputy Michael Noonan): The Deputy will be aware that the Mortgage
Arrears and Personal Debt Expert Group produced two reports, an Interim Report which was
published in July 2010 and a Final Report which was published in November 2010. Since the
publication of the reports, the Central Bank has revised its Code of Conduct for Mortgage
Arrears (CCMA) to reflect many of the recommendations of the Expert Group. As a result,
all regulated lenders will have to have in place a standardised Mortgage Arrears Resolution
Process, borrowers in arrears who co-operate with the resolution process will not be charged
penalty interest charges, harassment of borrowers through unsolicited communications will be
175

[Deputy Michael Noonan.]
Questions— 3 May 2011. Written Answers
outlawed and borrowers in financial difficulties but not in arrears will be allowed to come
under the Mortgage Arrears Resolution Process. When a lender is determining the 12-month
period it must wait before applying to the courts to commence legal action, it must exclude
any time period during which a borrower complied with the terms of an alternative repayment
arrangement, made an appeal to the internal appeals board or made a complaint to the Financial
Services Ombudsman under the CCMA.
The revised CCMA was published on 6 December 2010 and came into effect on 1 January
2011. The revised CCMA can be accessed at www.centralbank.ie. Lenders are required to
comply with the CCMA as a matter of law but have been given a period of six months grace
ending on 30 June 2011 to put in place the requisite systems and training of staff necessary to
support the implementation of the Mortgage Arrears Resolution Process. In addition, the Central
Bank has also written to lenders to issue directions under section 149 of the Consumer
Credit Act 1995 which will mean that lenders cannot impose arrears charges or penalty interest
on borrowers who are co-operating with the resolution process. The expert group’s recommendations
are intended to benefit lenders and borrowers. It is expected that lenders will cooperate
and implement the recommendations or variations of them as soon as possible. Failure
to comply with the revised CCMA may result in sanctions under the Central Bank’s administrative
sanctions framework.
The Deputy may wish to note that, in addition to the recommendations being implemented
through amendments to the CCMA, other recommendations will require legislative support
involving my Department and the Departments of Social Protection, Environment, Community
and Local Government and Justice and Equality. In the case of my own Department, a recommendation
concerning the scope and the admissibility in court of the CCMA will need further
examination and advice from the Attorney General. The recommendation of the group to
amend the local authority needs assessment process has been implemented by the Department
of the Environment, Community and Local Government. I am informed that local authorities
have been provided with clear guidance on the treatment of applicants for social housing support
whose mortgages have been deemed unsustainable. I have also been informed that discussions
are ongoing between the Department of the Environment, Community and Local
Government and the Irish Bankers Federation to enable borrowers whose properties are to be
repossessed to remain in their homes for a period of time, pending the sourcing of appropriate
accommodation by the housing authority. Changes to both primary and secondary legislation
will be required to implement the recommendations relating to the mortgage interest supplement
scheme. I am informed that the Department of Social Protection is finalising an implementation
plan that will set out a framework for the future of the mortgage interest supplement
scheme.
The final report of the expert group contained the following recommendation:
The Group notes that, for some mortgage holders who are in negative equity, trading down
would produce a reduction in mortgage debt and more affordable monthly payments. The
Group recommends that further consideration should be given by lenders to facilitating trading
down by borrowers in this situation. Such options would have to meet relevant prudential
standards, with appropriate controls in place and be in the customers’ best interest.
Trading down means selling a current property and buying a cheaper one. Trading down may
be an option to reduce the level of mortgage repayments, resulting in more affordable monthly
repayments. This recommendation is aimed at helping mortgage holders to remain as home
owners while reducing their level of repayments. There will be situations in which mortgage
176

Questions— 3 May 2011. Written Answers
holders in negative equity may wish to move home, for example, to take up new employment
opportunities. There is merit in facilitating house moves by those in negative equity in certain
situations and subject to certain criteria set down by the Central Bank. Ultimately, these are
matters for lenders and for the Central Bank to decide upon. Any lender planning to provide
a negative equity type product must notify the Central Bank in advance to ensure that appropriate
measures and controls are taken as the Central Bank must be satisfied that such a
product meets relevant prudential standards and does not lead to consumers being over
exposed to debt.
As regards changes to personal bankruptcy law, the legislative programme for the Department
of Justice and Equality includes a Personal Insolvency Bill that will provide for a new
framework for the settlement and enforcement of debt and for personal insolvency. The Bill
will take into account the recommendations of the Law Reform Commission in its Report
on Personal Debt Management and Debt Enforcement of December 2010. The Civil Law
(Miscellaneous Provisions) Bill, is in the course of being drafted by the Department of Justice
and Equality with a view to publication as soon as possible this year. It will also contain some
interim measures in relation to reform of the law on bankruptcy.
Question No. 176 answered with Question No. 152.
Question No. 177 answered with Question No. 52.
Services for People with Disabilities
178. Deputy Paschal Donohoe asked the Minister for Education and Skills if the rehabilitation
and training services for persons with disabilities is still available; and if he will make a
statement on the matter. [9095/11]
Minister for Education and Skills (Deputy Ruairí Quinn): While people with disabilities are
encouraged to avail of FÁS mainline training, in situations where clients require more intensive
support FÁS contracts with 22 specialist training providers across the country, including the
National Learning Network, to deliver vocational training to people with disabilities. There are
currently 2,131 training places available through specialist training providers. FÁS has a total
budget of €55 million in 2011 for all specialist training provider services for people with disabilities.
Rehabilitative training programmes for people with disabilities are foundation level
programmes which are not directly linked to the labour market. Such programmes are designed
to equip participants with the basic personal, social and work related skills that will enable
them to progress to greater levels of independence and integration in the community. The
programmes are administered by the Health Service Executive and are delivered by the HSE
itself or by non-statutory disability service providers on its behalf.
Employment Support Services
179. Deputy Patrick O’Donovan asked the Minister for Education and Skills the position
regarding the implementation and distribution of funds through an organisation (details
supplied); and if he will provide a breakdown of the agencies that distributed the funds and
the amount distributed by each agency. [9255/11]
Minister for Education and Skills (Deputy Ruairí Quinn): My Department submitted an
application in June 2009 for co-financing assistance from the European Globalisation Adjustment
Fund (EGF) towards the cost of guidance, training, entrepreneurship and education programmes
for some 2,840 workers made redundant from January 2009 at the Dell computer
manufacturing plant in Raheen, County Limerick and at ancillary enterprises. It was estimated
177

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
at that time that up to 2,400 people would avail of the supported measures. This EGF application
was formally approved on 22 December 2009 by the EU budgetary authorities and an
EU funds transfer of €14.8 million was duly received in my Department. The Government is
providing a matching funding element of €8 million towards the cost of EGF programme
measures for the relevant redundant workers. The European Commission decision states that
Ireland shall use the EGF financial contribution by 28 June 2011.
EGF programme funding is provided by my Department as the EGF managing authority to
relevant intermediate bodies who facilitate the delivery of guidance, training, educational and
enterprise supports through a range of in-house and external service providers. The relevant
service providers such as FÁS, city and county enterprise boards, Vocational Education Committees
and higher education institutions and colleges have under the EGF co-financed programme
provided over 2,500 affected persons with guidance supports and over 1,730 with personalised
training, education and enterprise supports. Expenditure to the end of 2010 was
approximately €5 million. A number of other large claims are currently in preparation by
service providers.
Employment Action Plan
180. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills the progress
made towards developing a comprehensive employment strategy; the likely publication date
and the steps being taken to ensure the employment situation of persons with mental health
problems is adequately addressed in the strategy. [9347/11]
181. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills the progress
made towards developing a comprehensive employment strategy for persons with disabilities
and the likely publication date. [9348/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos.
180 and 181 together.
Under the sectoral plan of the former Department of Enterprise, Trade and Employment,
an outline for a comprehensive employment strategy for people with disabilities has been
advanced in discussions with other Departments and stakeholder representatives. The further
development of this strategy is the subject of ongoing discussions in a cross-sectoral group
comprising relevant Departments and State agencies. The sectoral plan did not contain a commitment
to publish a comprehensive employment strategy. The objective of the strategy is the
provision of a continuum of supports to employment that is comprehensive across the full range
and spectrum of disabilities. Its aim is to address the diversity of circumstances, needs and
abilities of people with disabilities, and to enhance the operation and effectiveness of the range
of FÁS supports and services for facilitating increased participation of this cohort in the
labour market.
Jobs Initiative
182. Deputy Terence Flanagan asked the Minister for Education and Skills if a national
internship programme for out of work graduates will be included in his jobs initiative in May
2011; and if he will make a statement on the matter. [9414/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The programme for Government
contains proposals to support a jobs initiative which will provide additional places in training,
work experience and educational opportunities for those who are out of work. This will include
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Questions— 3 May 2011. Written Answers
an internship scheme under the remit of the Department of Social Protection. Further details
regarding the jobs initiative and an internship scheme will be announced shortly by the
Government.
Employment Support Services
183. Deputy Jim Daly asked the Minister for Education and Skills the options available to a
person (details supplied) in County Cork to complete the subject course and achieve their
official qualification; and if he will make a statement on the matter. [9604/11]
Minister for Education and Skills (Deputy Ruairí Quinn): FÁS is implementing a number of
initiatives to support registered redundant apprentices to make progress with their apprenticeships.
I refer the Deputy to the reply to Question No. 66 of 30 March 2011 in that regard. The
progression possibilities for any specific apprentice in his or her own particular circumstances
are operational matters for FÁS.
Electioneering in Schools
184. Deputy Brendan Smith asked the Minister for Education and Skills if he will consider
a ban on the distribution of electioneering material in all schools; and if he will make a statement
on the matter. [9030/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I assure the Deputy that I share
the concern implicit in his question regarding the distribution of electioneering material in
schools. It is my view that the dissemination of such material through the school system is
highly inappropriate. I will be raising this matter with my officials to consider how best to
address this in the future.
School Accommodation
185. Deputy Dan Neville asked the Minister for Education and Skills when funding will be
available for additional accommodation for a school (details supplied) in County Limerick; and
if he will make a statement on the matter. [9039/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school to
which the Deputy refers has made an application to my Department for large scale capital
funding. The priority attaching to individual projects is determined by published prioritisation
criteria, which were formulated following consultation with the Education Partners. There are
four band ratings under the criteria, each of which describes the extent of accommodation
required and the urgency attaching to it. Under this system, band 1 is the highest priority rating
and band 4 is the lowest. Documents explaining the band rating system are also available on
my Department’s website. The application has been assessed in accordance with the published
prioritisation criteria for large scale building projects and assigned a band 2.2 rating, reflecting
the fact that the deficit in mainstream accommodation represents a significant proportion of
the school’s overall needs.
The forward planning section of my Department has identified 43 priority areas throughout
the country where significant additional accommodation will be required at primary and postprimary
level in the medium term. Factors considered included population growth, demographic
trends, current and projected enrolments, recent and planned housing developments
and capacity of existing schools to meet demand for places. The area to which the Deputy
refers has not been included on this list. The progression of all large scale building projects,
including this project, from initial design stage through to construction phase will be considered
179

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
in the context of my Department’s multi-annual school building and modernisation programme.
At that point, options to meet the schools needs will be considered further. Information in
respect of the current school building programme, along with all assessed applications for major
capital works, including the project referred to by the Deputy, is now available on my Department’s
website, www.education.ie. However, in light of current competing demands on the
capital budget of the Department, it is not possible to give an indicative timeframe for the
progression of the project at this time.
Special Educational Needs
186. Deputy Ciarán Lynch asked the Minister for Education and Skills if he will confirm that
special needs assistants and resource teaching hours will not be reduced and will be available
to schools commensurate with the requirement for 2010/11; if the request submitted by a school
(details supplied) in County Cork for special needs assistant and resource teaching hours will
be granted; and if he will make a statement on the matter. [9044/11]
Minister for Education and Skills (Deputy Ruairí Quinn): 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 SNAs to
schools to support children with special educational needs. The NCSE operates within my
Department’s criteria in allocating such support. This includes a requirement for the NCSE to
have regard to an overall cap on the number of SNA posts. This number is 10,575 whole-time
equivalent posts. This is a significant number of posts and unlike other areas of the public
sector vacancies are being filled up to this number. It also represents continual increases in the
number of SNAs over recent years. For example, there were 10,543 whole-time equivalent
SNA posts in place at the end of 2010 and 10,342 at the end of 2009. It is considered that with
equitable and careful management and distribution of these resources, there should be
sufficient posts to provide access to SNA support for all children who require such care support
to attend school, in accordance with departmental criteria.
The NCSE has issued a circular to all schools advising of the allocation process for the 2011-
12 school year. A key feature of the amended scheme will be to provide for an annual allocation
of Special Needs Assistant support to eligible schools. The NCSE asked schools to submit all
applications for SNA support to them by 18 March 2011 and intends to inform schools of their
annual SNA allocation as soon as possible, in advance of the coming school year. My Department
and I will be glad to consider any suggestions from school management or parent representative
organisations as to how the allocation of SNA resources can best be managed within
the context of the overall limit on SNA numbers established. In this regard I am committed to
making whatever improvements are possible to the resource allocation system.
In respect of the allocation of resource teaching hours, the Department of Education and
Skills is required to ensure that the overall allocation of teaching posts does not exceed the
targets set out in the Government’s employment control framework. The Department had
planned for a certain amount of increased growth in teacher numbers across the school sector
in 2011, in line with increased demographic growth. In respect of resource teaching hours for
children with special educational needs, allowance was made for growth in 2011 over and above
normal demographic increase levels. In 2010, the total number of whole-time equivalent posts
provided for resource hours teaching, including under the general allocation model, was
approximately 9,600 whole-time equivalent posts. By comparison, approximately 9,950 wholetime
equivalent posts are provided for 2011. There has therefore not been a reduction in the
overall number of resource hours or posts being provided for in 2011.
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The Department of Education and Skills asked the National Council for Special Education
(NCSE) to provide data on the numbers and rate of application for additional resource teaching
hours to date this year so that this information can be considered in the context of the Department’s
employment control framework obligations. The NCSE has also been asked to pause
sanctioning additional resource teaching support hours to allow for collection and consideration
of this data by the Department, in conjunction with the NCSE. This is a temporary suspension
of the allocation process in order to allow for consideration and analysis of this issue prior to
any decisions being made. The NCSE has issued a circular to schools advising them that the
final date for schools to submit any outstanding completed applications for resource teaching
supports is 13 May 2011. On receipt of all outstanding applications, the Department and the
NCSE will be in a position to consider resource allocation for the coming school year, in the
context of the Department’s employment control framework obligations. Schools will be notified
of their allocations as soon as possible. In the interim, children who are eligible for resource
or learning support teaching can receive this tuition through the existing learning support provision
in schools, either though the general allocation model or existing learning support
provision.
Third Level Admissions
187. Deputy Pádraig Mac Lochlainn asked the Minister for Education and Skills the reason,
when currently 60% of university places in the Twenty-six Counties are held for Irish students,
a student from the North, even with an Irish passport, is not recognised as qualifying within
that 60% figure and, in view of the Good Friday Agreement which allows persons in the north
to hold an Irish passport, the reason they are not considered Irish by the universities in the
Twenty-six Counties. [9055/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The selection of students for entry
to higher education is a matter for the institutions which are responsible for determining entry
and admissions criteria in accordance with their statutory autonomy in academic affairs. Places
on full-time undergraduate courses are allocated by the universities through the Central Applications
Office which manages the process on their behalf. Places are allocated through a competitive
points system which, in general, ranks candidates on the basis of results achieved in
the Leaving Certificate Examination or an equivalent school leaving examination. All EU
candidates applying for places in Irish universities are required to be treated equally and my
Department is not aware of any operation of a 60% quota of places reserved for Irish students.
School Enrolments
188. Deputy Terence Flanagan asked the Minister for Education and Skills the position
regarding a school transfer in respect of a person (details supplied) in Dublin 5; and if he will
make a statement on the matter. [9059/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The enrolment of a child in a
school is a matter in the first instance for the parents of the child and the board of management
of the school. My Department has no role in processing applications for enrolment to schools.
The National Educational Welfare Board (NEWB) is a statutory agency that can assist parents
who are experiencing difficulty in securing a school place for their child. The NEWB will try
to help parents to find an alternative school placement if their child is on a waiting list or has
been unable to secure a school placement to date. The NEWB can be contacted at National
Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone
at 01-8738700. The Deputy may also be aware that the National Council for Special
Education is responsible for the provision of a range of educational services at local and
181

[Deputy Ruairí Quinn.]
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national level for students with special educational needs. In particular, its network of Special
Education Needs Organisers (SENOs) co-ordinates special needs education provision at local
level and arranges for the delivery of special educational services. Each SENO acts as a single
point of contact for parents of students with special educational needs. Another specific function
of the SENO is to identify appropriate educational placements for children with special
educational needs. 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.
Special Educational Needs
189. Deputy Terence Flanagan asked the Minister for Education and Skills the position
regarding the reduction of teachers in schools (details supplied) in Dublin 17; if these teachers
will be reinstated; and if he will make a statement on the matter. [9060/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The decision to remove resource
teachers for Travellers from schools was one of the measures taken by the previous Fianna
Fáil — Green Party Government in the last budget. I do not intend to revisit the decision of
the previous Government to withdraw resource teacher for Traveller posts. The Deputy will
understand the economic situation means difficult decisions have had to be taken. The requirements
to make expenditure savings and ensure staffing numbers remain within the public
service employment control framework prevent me from revisiting this decision. Both of the
schools referred to by the Deputy are DEIS schools and are in receipt of enhanced pupilteacher
ratios. In respect of such DEIS schools, for the 2011-12 school year, Traveller pupils
will be included in the valid enrolment for the purpose of allocating additional staffing under
DEIS. The schools involved will have already received their staffing allocations for next year,
taking into account this adjustment. These decisions broadly reflect the recommendations in
the report and recommendations for a Traveller education strategy that an integrated, collaborative
and in-class learning support system should be adopted for all children, including Travellers,
with an identified educational need. The strategy aims to enhance access, attendance,
participation and engagement for Travellers and is underpinned by the principles of inclusion
and mainstreaming with an emphasis on equality and diversity.
Computerisation Programme
190. Deputy Terence Flanagan asked the Minister for Education and Skills the position
regarding a computer grant in respect of a school (details supplied) in Dublin 5; and if he will
make a statement on the matter. [9064/11]
Minister for Education and Skills (Deputy Ruairí Quinn): As the Deputy may be aware,
integrating ICT into teaching and learning in schools is a major priority for this Government.
My Department’s ICT in Schools programme, guided by the recent Smart Schools and ICT
strategy reports, sets out a clear agenda to be pursued in this regard. This programme focuses
on four main priorities — ICT infrastructure in schools, the schools broadband scheme, the
development of teacher skills and the provision of curriculum-relevant digital content. On the
infrastructure side, my Department has distributed more than €90 million in ICT infrastructure
grants to schools nationwide since November 2009, including an allocation of €4,946.38 for the
school to which the Deputy refers. In addition, the school received an ICT allocation of €30,000
from the school building unit of the Department in March. This year, I have prioritised work
on the other three strands of the ICT in Schools programme, in order to help schools to make
the best possible use of the very substantial infrastructural investment already made. In these
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Questions— 3 May 2011. Written Answers
circumstances, I will not be in a position to provide additional ICT infrastructure funding to
the school to which the Deputy refers.
Special Educational Needs
191. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the number
of resource teacher Traveller posts currently in existence; the number of schools that have been
informed by communication from him as to the withdrawal of these posts and or teaching hours
for Traveller pupils; and the number of posts in all that are being withdrawn. [9066/11]
192. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if he will
provide a list of all schools that have been informed by communication from him as to the loss
of posts or teaching hours for Traveller pupils; and the number of teachers to be withdrawn
itemised per school. [9067/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos.
191 and 192 together.
The decision to remove resource teacher for Traveller posts from schools is just one of a
range of measures included in the National Recovery Plan 2011-14 to secure savings in the
2011-12 school year. I do not intend to revisit the decision of the previous Government to
withdraw resource teacher for Traveller posts. The Deputy will understand the economic
situation means difficult decisions have had to be taken. The requirements to make expenditure
savings and to ensure staffing numbers remain within the public service employment control
framework prevent me from revisiting this decision. Resource teacher for Traveller posts and
teaching hours for Traveller pupils will be withdrawn with effect from 31 August 2011. Traveller
pupils who are eligible for learning support teaching should receive this tuition through the
existing learning support provision in schools. A departmental circular, No. 17/2011, advised
all schools of this decision on 3 March 2011. I will arrange for details of the overall number of
resource teacher for Traveller posts and details of the teaching which are being withdrawn,
itemised per school, to be sent to the Deputy.
School Staffing
193. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the number
of gaelscoileanna that have received communication from him as to the withdrawal of a teacher
due to budget changes in the allocation for gaelscoileanna and the number of posts that are
being withdrawn as a result of this measure. [9068/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The standardisation of the staffing
schedule for gaelscoileanna so that it is the same as that which applies to primary schools
generally was one of a number of measures introduced in budget 2011 by the previous Fianna
Fáil and Green Party Government to control and reduce teacher numbers. These changes are
effective from September 2011. Given the financial constraints in which this country now finds
itself, it is not possible to reverse these changes. This change will result in a reduction of the
order of 50 posts in gaelscoileanna. There are over 1,500 teaching posts in these schools. The
gaelscoil movement is well established and I do not believe that the growth of gaelscoileanna
will be impeded by way of this measure. The actual impact at individual school level is determined
as part of the allocation process for 2011-12 school year and schools were notified in the
normal manner. My Department’s Circular 19/2011 includes the criteria under which a school
may appeal its staffing allocation and the process for same. This Government will endeavour
183

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
to protect front line education services as best as possible. However, this must be done within
the context of bringing our overall public expenditure back into line with what we can afford
as a country. All areas of Government, including gaelscoileanna, will have to manage on a
reduced level of resources. The challenge will be to ensure that the resources that are being
provided are used to maximum effect and in a fair manner.
194. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if any other
communication has been made to individual schools as to the withdrawal of other teaching
staff and or special needs assistants as a result of budget measures and if so, the number of
posts in both categories being withdrawn. [9069/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The budget measures set out the
detail of the reduction in teacher numbers and the revised arrangements for special needs
assistants. These changes are effective from September 2011. Given the financial constraints in
which this country finds itself, it is not possible to reverse these changes. My Department has
advised schools through circulars of the changes and where applicable, schools have also been
contacted directly. The National Council for Special Education (NCSE) is responsible, through
its network of local Special Educational Needs Organisers for allocating resource teachers and
SNAs to schools to support children with special educational needs. The NCSE operates within
my Department’s criteria in allocating such support, which now includes a requirement for the
NCSE to have regard to an overall cap on the number of SNA posts. This number is 10,575
whole-time equivalent posts. This is a significant number of posts and unlike other areas of the
public sector vacancies are being filled up to this number. It also represents continual increases
in the number of SNAs over recent years. For example, there were 10,543 whole-time equivalent
SNA posts in place at the end of 2010 and 10,342 at the end of 2009. It is important to
understand that SNA allocations are not permanent. The level of SNA support allocated to a
school increases or decreases as pupils who qualify for SNA support enrol or leave a school.
They also decrease when a child’s care needs diminish over time. The recruitment and deployment
of SNAs within schools are matters for the individual principal or board of management.
The board is the SNA’s employer and the terms of employment are subject to the conditions
of the contract of employment.
195. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the number
of English as additional language posts he estimates will be withdrawn from individual schools
as a result of budget measures. [9070/11]
Minister for Education and Skills (Deputy Ruairí Quinn): A phased reduction in the number
of language support teachers was one of a number of measures introduced in budget 2011 by
the previous Fianna Fáil and Green Party Government to control and reduce teacher numbers.
These changes are effective from September 2011. Given the financial constraints in which this
country now finds itself, it is not possible to reverse these changes. This change will result in a
phased reduction of 500 over four years in the number of language support teachers through a
demand reduction and, if necessary, a change in allocation rules over the period of the national
recovery plan. A first year reduction of some 125 posts is targeted with effect from September
2011 as a result of this budget measure.
Educational Disadvantage
196. Deputy Tom Fleming asked the Minister for Education and Skills if he will reverse the
184

Questions— 3 May 2011. Written Answers
decision of the previous Government to abolish the three posts of the only DEIS rural teachers
co-ordinators in County Kerry who cover a total of 15 schools in the county. [9098/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The
Deputy will be aware that the programme for Government clearly states that education will be
a priority for this Government and that we will endeavour to protect and enhance the educational
experience of children, young people and students. To that end, we will endeavour to
protect frontline services in education. However, I do not intend to revisit the decision of the
previous Government to withdraw rural co-ordinator posts. The Deputy will understand that
Ireland is effectively now in economic receivership because of the disastrous legacy of the last
Fianna Fáil and Green Party Government. The requirements to make expenditure savings and
to ensure that staffing numbers remain within the Public Service Employment Control Framework
prevent me from re-visiting this decision. The decision to remove the rural co-ordination
service from 331 rural DEIS schools is just one of a range of measures, included in the national
recovery plan 2011 to 2014, to secure some €24 million in savings in the 2011-12 school year.
The service will therefore be discontinued with effect from 31 August 2011. This measure will
not affect the provision of HSCL services which remain in 200 post primary and 345 urban
primary schools participating in DEIS. DEIS rural primary schools will continue to receive
additional capitation funding based on their level of disadvantage, additional funding for
schoolbooks, access to the school meals programme, access to numeracy and literacy supports
and measures, access to planning supports and access to a range of professional development
supports. The set of measures included in the National Recovery Plan 2011 to 2014 impacts on
every sector of the public service and will unquestionably lead to significant challenges for
schools as well as my Department in the coming years. The major challenge will undoubtedly
be to seek improved outcomes for children with fewer resources.
Clár Tógála Scoileanna
197. D’fhiafraigh Deputy Éamon Ó Cuív ar an Aire Oideachais agus Scileanna an bhfuil
suíomh ceannaithe le haghaidh scoil bhuan do Ghaelscoil de hÍde, Órán Mór, Contae na Gaillimhe
agus an bhfuil sé i gceist cead a thabhairt i mbliana chun scoil nua a thógáil; agus an
ndéanfaidh sé ráiteas ina thaobh. [9106/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Tá suíomh aitheanta don scoil dá
dtagraíonn an Teachta agus tá ceannach an tsuímh sin faoi réir cead imlíneach pleanála a
bheith deonaithe. Tá iarratas imlíneach pleanála á réiteach ag mo Roinn i láthair na huaire.
Breithneofar ceannach an tsuímh agus seachadadh an fhoirgnimh nua scoile i bhfianaise na
ngealltanas atá tugtha cheana féin agus na n-éileamh iomaíoch eile ar bhuiséad caipitil na
Roinne.
Higher Education Grants
198. Deputy Ciarán Lynch asked the Minister for Education and Skills when a decision will
issue on an educational grant application in respect of a person (details supplied) in County
Cork; and if he will make a statement on the matter. [9108/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The decision on eligibility for a
student grant is a matter for a student’s local grant awarding authority which is either the VEC
or the county council. I understand that, in this case, the grant awarding authority is County
Cork VEC. I understand that the student in question was awarded a grant on 20 April 2011.
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Questions— 3 May 2011. Written Answers
Schools Refurbishment
199. Deputy Niall Collins asked the Minister for Education and Skills the position regarding
funding in respect of a school (details supplied) in County Cork. [9127/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The school referred to by the
Deputy submitted an application under the 2011 summer works scheme. I regret that the application
made by the school was not successful because the application did not meet the essential
qualification criteria outlined in the circular governing the operation of the scheme for the
works in question. A letter to this effect has issued to the school.
Ministerial Staff
200. Deputy Brendan Smith asked the Minister for Education and Skills the detail of all
permanent Civil Service or non-established positions which are in place in his Department in
relation to assisting Ministers with constituency work; the monthly salaries for these positions;
and if any further appointments are envisaged. [9136/11]
Minister for Education and Skills (Deputy Ruairí Quinn): At a Government meeting held
on the 15th March, 2011, it was decided to reduce the number of staff permitted at Minister’s
constituency offices from 6 to 4 and Minister of State’s constituency offices from 5 to 3.
There are currently 2 officers in my Constituency Office. Their grades are as follows: — 1
Higher Executive Officer (civil servant) on a salary scale of €43,816 — €45,125 — €46,246 —
€47,730 — €49,035 — €50,347 — €51,653 — €53,532 — €55,415 — 1 Staff Officer (civil servant)
on a salary scale of €33,070 — €34,481 — €35,751 — €36,894 — €38,043 — €39,199 — €40,359
— €41,473 — €42,530 — €43,906
I propose to appoint a Personal Assistant and a Personal Secretary shortly.
There are currently 2 officers in the Constituency Office of the Minister of State at my
Department. Their grades are as follows: — 1 (0.8 fulltime equivalent) Staff Officer (civil
servant) on a salary scale of €33,070 — €34,481 — €35,751 — €36,894 — €38,043 — €39,199
— €40,359 — €41,473 — €42,530 — €43,906 — 1 Personal Assistant (non civil servant) on a
salary scale of €43,715 — €45,485 — €47,304 — €48,520 — €49,790 — €51,365 — €52,925 —
€54,490 — €56,060
It is envisaged that the Minister of State at my Department will appoint a Personal Secretary
shortly.
The salaries paid to the civil servants are in accordance with the Department of Finance
salary scales for the relevant grades. The salaries paid to the non-civil servant staff are in
accordance with the Department of Finance Instructions relating to the Appointment of Ministerial
Private Office Staff.
I can confirm that the further appointments will be in accordance with the aforementioned
Government Decision.
Ministerial Appointments
201. Deputy Brendan Smith asked the Minister for Education and Skills if he will list the
details of all State appointments open to direct choice by him on 10 March 2011. [9150/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The table provides information on
the number of appointments the Minister for Education and Skills is entitled to make directly
to higher education institutions and boards of agencies under the aegis of the Department.
186

Questions— 3 May 2011. Written Answers
Table 1 — Bodies under the aegis of the Department of Education and Skills
Body Name
Appointments open to
direct choice of Minister
An Chomhairle um Oideachais Gaeltachta agus Gaelscolaíochta (COGG) 3
Commission to Inquire into Child Abuse (CICA) 7
Education Finance Board (EFB) 4
Foras Áiseanna Saothair (FÁS) 10
Note: Responsibility for training and the governance of FÁS transferred from the
Department of Enterprise, Trade and Innovation to the Department of Education
and Skills from May 2010
Further Education and Training Awards Council (FETAC) 5
Grangegorman Development Agency (GGDA) 7
Higher Education and Training Awards Council (HETAC) 5
Higher Education Authority (HEA) 19
Irish Research Council for Science, Engineering and Technology (IRCSET) 15
Irish Research Council for the Humanities and Social Sciences (IRCHSS) 10
Léargas — The Exchange Bureau 8
National Centre for Guidance in Education (NCGE) 2
National Council for Curriculum and Assessment (NCCA) 2
National Council for Special Education (NCSE) Up to 6
National Qualifications Authority of Ireland (NQAI) 3
National Educational Welfare Board (NEWB) 1
Residential Institutions Redress Board (RIRB) 12
Residential Institutions Review Committee (RIRC) 5
Skillnets Ltd 3
Note: Responsibility for Skillnets Ltd transferred from the Department of
Enterprise, Trade and Innovation to the Department of Education and Skills
from May 2010
The State Examinations Commission (SEC) 5
The Teaching Council 3
Table 2 — Higher Education Institutions
Body Name
Appointments open to
direct choice of Minister
NUI (National University of Ireland) Senate 4
Universities
UCD (University College Dublin) 1 to 4
UCC (University College Cork) 1 to 4
NUIG (National University of Ireland Galway) 1 to 4
NUIM (National University of Ireland Maynooth) 1 to 4
DCU (Dublin City University) 1 to 4
UL (University of Limerick) 1 to 4
TCD (Trinity College Dublin) 1
NCAD (National College of Art and Design) 6
Institutes of Technology (Minister appoints chair of Governing Bodies of IoTs)
Dublin IoT (Institute of Technology) 1
Athlone IoT 1
187

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
Body Name
Appointments open to
direct choice of Minister
Blanchardstown IoT 1
IoT Carlow 1
Cork IoT 1
Dundalk IoT 1
Dun Laoghaire IoT 1
Galway-Mayo IoT 1
Letterkenny IoT 1
Limerick IoT 1
IoT Sligo 1
IoT Tallaght 1
IoT Tralee 1
Waterford IoT 1
An Comhairle Bhéaloideas Éireann 4
Tipperary Rural and Business Development Institute 3
Schools Building Projects
202. Deputy Pat Breen asked the Minister for Education and Skills his plans to install rain
water harvesting systems in primary schools to conserve water supplies and reduce costs of
water; and if he will make a statement on the matter. [9179/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Rainwater harvesting systems were
first introduced for major school building projects in 2008. Since then all major school building
projects, where site conditions and circumstances allow and where economically viable to do
so, can incorporate a rainwater harvesting system into their brief.
While fitting the systems in new schools during construction is relatively straightforward,
retrofitting them in existing schools is much more difficult and expensive because of the various
dedicated pipe work systems both within the building and externally underground and the
amount of making good work that is required in each instance.
For existing buildings it is more cost effective to minimise the demand for water firstly
through installing measures to reduce water usage such as push type spray taps, low flushing
toilets, urinal controls, repairing leaks etc. To this end, as part of the Summer Works Scheme
2010, schools were invited to apply for Water Conservation measures. A list of schools whose
applications under this scheme were successful is available on my Department’s website,
www.education.ie.
Special Educational Needs
203. Deputy Jim Daly asked the Minister for Education and Skills if the pilot scheme of one
extra month of schooling in the summer for children with autism will be rotated to random
schools with an interest in the project; the reason a school (details supplied) in County Cork
was unsuccessful with their application for same; and if he will make a statement on the
matter. [9195/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy will be aware that
participation in my Department’s July Provision Scheme is an option for all special schools and
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Questions— 3 May 2011. Written Answers
mainstream primary schools with special classes catering for children with autism or severe to
profound general learning disability that choose to extend their education services through the
month July. Home based tuition of 10 hours per week for the four weeks in question is provided
to children who attend schools which choose not to participate in the scheme.
The Deputy will also be aware that educational provision at post primary level for all pupils
including those with special needs is structured differently to that at primary level and the July
Provision Scheme was piloted in a limited number of post primary schools. However children
eligible for support attending other post primary schools are allocated 10 hours per week home
based tuition for the four weeks of July.
The Scheme is currently under review and in the interim it has been decided not to expand
the current level of provision which includes limiting the pilot at post primary level to that of
2009 and 2010.
As the college referred to by the Deputy is not one of the schools piloting the programme,
eligible children attending the college would be entitled to home based support. Details of
the scheme for 2011 will be circulated to all schools including the college in question early
next term.
School Curriculum
204. Deputy Jim Daly asked the Minister for Education and Skills if it is possible to get an
exemption from learning the Irish language for an American student who took up residency
here in 2004 and was in fifth class at the time; and if he will make a statement on the
matter. [9202/11]
Minister for Education and Skills (Deputy Ruairí Quinn): As part of both the primary and
post-primary level school curriculum Irish is a compulsory subject. The second-level programme
in Irish has the capacity to cater for a wide diversity of ability. Department circular
M10/94 applies to post primary schools funded by my Department and sets out the exceptional
circumstances where an exemption from the study of Irish may be granted to post primary
pupils. Under the terms of this circular, delegated authority to grant exemptions from Irish,
within the conditions laid down, is vested in school management.
With regard to the particular case referred to by the Deputy, the position is that the pupil’s
parents/guardians should make a written application to the management of the school in which
the pupil is enrolled, clearly stating the grounds on which they are seeking an exemption from
the study of Irish.
Pension Provisions
205. Deputy David Stanton asked the Minister for Education and Skills the position regarding
teachers on temporary contracts being out of work for more than 26 weeks; if the time
spent teaching will be considered for pension and other such purposes on return to work; and
if he will make a statement on the matter. [9203/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The Public Service Superannuation
(Miscellaneous Provisions) Act, 2004 abolished the maximum age of retirement for new
entrants to employment in the public service from the 1st April 2004. It also raised the minimum
pension age for new entrants to age 65.
In general terms, a new entrant to employment in the public service (including employment
as a teacher) is a person who enters public service employment for the first time on or after
the 1st April 2004, (including employment in a temporary or fixed-term capacity, whether full-
189

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
time, or part-time), OR,a person who becomes re-employed in the public service,( including
employment as a teacher) following a break of more than 26 weeks, where that break occurred
at anytime on or after 1 April 2004).
The provisions of this legislation are of general application to public servants and there are
no proposals to make exceptions for any particular individual or group.
All teaching service given by teachers employed in temporary contracts since December 2001
in recognised primary or second level schools is pensionable. As part of Budget 2011, introduced
by the previous Fianna Fail-Green Party government, a 10% reduction in the pay of
new appointees to the public service applies from the 1st January 2011 and all new recruits to
the entry grades of the public service will start at the first point of the relevant pay scale
without exception. A person in the situation referred to by the Deputy who had service prior
to the 1st January 2011 is not regarded as a new entrant for this purpose.
Special Educational Needs
206. Deputy Brendan Ryan asked the Minister for Education and Skills when a special needs
assistant will be approved in respect of a child (details supplied) in County Dublin; and if he
will make a statement on the matter. [9235/11]
Minister for Education and Skills (Deputy Ruairí Quinn): 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 SNAs to
schools to support children with special educational needs. The NCSE operates within my
Department’s criteria in allocating such support. This now includes a requirement for the NCSE
to have regard to an overall cap on the number of SNA posts.
This number is 10,575 whole time equivalent (WTE) posts. This is a significant number of
posts and unlike other areas of the public sector vacancies are being filled up to this number.
It also represents continual increases in the number of SNAs over recent years. For example,
there were 10,543 WTE SNA posts in place at the end of 2010 and 10,342 at end 2009.
It is considered that with equitable and careful management and distribution of these
resources that there should be sufficient posts to provide access to SNA support for all children
who require such care support to attend school, in accordance with Departmental criteria.
The NCSE has issued a circular to all schools advising of the allocation process for the
2011/2012 school year. A key feature of the amended scheme will be to provide for an annual
allocation of Special Needs Assistant support to eligible schools.
The NCSE asked schools to submit all applications for SNA support to them by 18th March,
2011 and intend to inform schools of their annual SNA allocation as soon as possible, in
advance of the coming school year.
My Department and I will be glad to consider any suggestions from school management or
parent representative organisations as to how the allocation of SNA resources can best be
managed within the context of the overall limit on SNA numbers established. In this regard I
am committed to making whatever improvements are possible to the resource allocation
system.
School Accommodation
207. Deputy Pat Breen asked the Minister for Education and Skills the position regarding
190

Questions— 3 May 2011. Written Answers
an application from a school (details supplied) in County Clare; and if he will make a statement
on the matter. [9239/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school to
which the Deputy refers has applied to my Department seeking funding to provide additional
accommodation for resource teachers and for the replacement of prefab units currently on the
school site.
Additional information which was sought from the school concerned has recently been provided
to my Department. The application is currently being assessed and officials in my Department
will convey a decision on the application to the school authority when the assessment
process has been completed.
Site Acquisitions
208. Deputy Michael McGrath asked the Minister for Education and Skills his plans to
develop an education campus (details supplied) in County Cork; the timeframe for its overall
development and details of the process. [9263/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that
in relation to the area to which he refers a site has been acquired by County Cork Vocational
Education Committee with funding from my Department. It is envisaged that the site will
provide for an educational campus facility to cater for future demand at Post-Primary and to
facilitate the proposed re-location of two existing schools, a Gaelscoil and a Special School.
I am pleased to advise the Deputy, that the campus to which he refers, has been announced
as one of the projects to commence the process of appointing a design team under my Department’s
2011 Multi-annual School Building and Modernisation Programme.
Schools Refurbishment
209. Deputy Barry Cowen asked the Minister for Education and Skills if he will provide a
full list of all schools in counties Laois and Offaly which applied for funding under the summer
works scheme 2011. [9266/11]
Minister for Education and Skills (Deputy Ruairí Quinn): A total of 68 applications in counties
Laois and Offaly were made for funding under the Summer Works Scheme 2011. Out of
the 68 applications, 16 schools, 12 at primary level and 4 at post primary level, were successful
in their applications for funding for works to be carried out. Details of the schools concerned
are shown in the table. All of the school authorities concerned have been notified of the
decision in each case.
Applications from schools for gas, mechanical and electrical works were prioritised for Summer
Works Scheme funding this year. Unfortunately, due to the scale of demand for funding
under the Scheme, it was not possible to grant aid all applications and accordingly it has been
necessary to prioritise some categories of works over others. My Department has sought to
prioritise the funds that are available towards works that are most relevant to the health and
safety of staff and students alike in our schools.
County Sector School Approval
LAOIS Primary School 19791P Scoil Tíghearnach Naofa Cullohill (LAOIS) Approved
LAOIS Primary School 19750B SCOIL MHUIRE ABBEYLEIX (LAOIS) Approved
LAOIS Primary School 18150S FRAOCH MOR NSFRAOCH MOR Approved
(LAOIS)
191

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
County Sector School Approval
LAOIS Primary School 13741Q RATH MIXED N S RATH (LAOIS) Approved
LAOIS Primary School 07636K ST FINTANS N S NEW LINE ROAD Approved
(LAOIS)
LAOIS Post Primary 91427C Heywood Community School Ballinakill Approved
School
(LAOIS)
LAOIS Primary School 20169F CASTLETOWN N.S PORTLAOISE Not Approved
(LAOIS)
LAOIS Primary School 20065Q OUR LADYS MEADOW NATIONAL Not Approved
SCHOO DURROW (LAOIS)
LAOIS Primary School 19369G ST PAULS NSSTPAULSRECTORY Not Approved
(LAOIS)
LAOIS Primary School 18828H ST. PAULS PRIMARY SCHOOL BORRIS Not Approved
ROAD (LAOIS)
LAOIS Primary School 18641O S N NAOMH EOIN PORTARLINGTON Not Approved
(LAOIS)
LAOIS Primary School 18532J ARDLIOS N S ARDLIOS (LAOIS) Not Approved
LAOIS Primary School 18294T BARR NA SRUTHAN N S BARR NA Not Approved
SRUTHAN (LAOIS)
LAOIS Primary School 18265M BHRIDE N S ARD DUACH (LAOIS) Not Approved
LAOIS Primary School 17883K MUIRE NAOFA CASTLECUFFE Not Approved
CASTLECUFFE (LAOIS)
LAOIS Primary School 17557U SCOIL ABBAIN CILLIN MAGANEY Not Approved
(LAOIS)
LAOIS Primary School 17493U ROSENALLIS N S ROSENALLIS (LAOIS) Not Approved
LAOIS Primary School 17084D CILL AN IUBHAIR NSCILLAN NotApproved
IUBHAIR (LAOIS)
LAOIS Primary School 15933M CAMROSS N S CAMROSS (LAOIS) Not Approved
LAOIS Primary School 14838N MARYBORO N S MARYBORO (LAOIS) Not Approved
LAOIS Primary School 13343E SCOIL BHRIDE STILL BROOK (LAOIS) Not Approved
LAOIS Primary School 13173F PADDOCK NSPADDOCK (LAOIS) Not Approved
LAOIS Primary School 12692B KILADOOLEY MIXED N S Not Approved
KILADOOLEY (LAOIS)
LAOIS Primary School 12231L RUSH HALL MIXED NSPORTLAOISE NotApproved
(LAOIS)
LAOIS Primary School 20353V ST Colman’s National School Stradbally Not Approved
(LAOIS)
LAOIS Post Primary 91426A Community School Mountmellick (LAOIS) Not Approved
School
LAOIS Post Primary 71520D St Fergal’s College Rathdowney (LAOIS) Not Approved
School
LAOIS Post Primary 71510A Portlaoise College Mountrath Road (LAOIS) Not Approved
School
LAOIS Post Primary 71470O Clonaslee Vocational School Clonaslee Not Approved
School
(LAOIS)
LAOIS Post Primary 68068R Coláiste Íosagáin Portarlington (LAOIS) Not Approved
School
LAOIS Education Centre ED40089 PORTLAOISE EDUCATION CENTRE Not Approved
PORTLAOISE (LAOIS)
OFFALY Primary School 17746A SCOIL COLMAIN NAOFA MUCLACH Approved
(OFFALY)
OFFALY Primary School 12370C ST BRENDANS MONASTERY BIRR Approved
(OFFALY)
OFFALY Primary School 02413L S N NAOMH EOIN AN RATH (OFFALY) Approved
192

Questions— 3 May 2011. Written Answers
County Sector School Approval
OFFALY Post Primary 91491L St.Brendan’s Community School Birr Approved
School
(OFFALY)
OFFALY Post Primary 65620V Sacred Heart Secondary School Daingean Approved
School
Road (OFFALY)
OFFALY Primary School 03220F MERCY PRIMARY SCHOOL BIRR Approved
(OFFALY)
OFFALY Primary School 17003A SNSEOSAMHMUINEGHALL Approved
(OFFALY)
OFFALY Post Primary 72540O Oaklands Community College Sr. Senan Approved
School
Avenue (OFFALY)
OFFALY Primary School 15983E S N NAOMH BROGAIN BRACKNA Approved
(OFFALY)
OFFALY Primary School 19638H COOLDERRY CENTRAL NS BROSNA Approved
(OFFALY)
OFFALY Primary School 20068W ST MARYS NATIONAL SCHOOL Not Approved
CLOGHAN (OFFALY)
OFFALY Primary School 19354Q ST COLMANS NSCAPPAGH(OFFALY) NotApproved
OFFALY Primary School 18537T S N ROS COM RUA ROS CUM RUA Not Approved
(OFFALY)
OFFALY Primary School 18524K S N NAOMH BRIGHDE BUACH Not Approved
TULLAMORE (OFFALY)
OFFALY Primary School 18406E SNPROINSIASNAOFA CLARACH Not Approved
(OFFALY)
OFFALY Primary School 18364O S N MUIRE BAINRION EDENDERRY Not Approved
(OFFALY)
OFFALY Primary School 18335H S N MHUIRE NAOFA AN ROD Not Approved
(OFFALY)
OFFALY Primary School 18068K SNPEADAR AGUS POL ATH AN Not Approved
URCHAIR (OFFALY)
OFFALY Primary School 18057F SCOIL MHUIRE TULLAMORE Not Approved
(OFFALY)
OFFALY Primary School 17753U S N CHIARAIN NAOFA BREACH Not Approved
CHOILL (OFFALY)
OFFALY Primary School 17616K NAOMH MHUIRE NSINISNA NotApproved
MBREATHNACH (OFFALY)
OFFALY Primary School 17336E S N MHUIRE BAINRIOGHAN SCOIL Not Approved
MUIRE BAINRIOGHAN (OFFALY)
OFFALY Primary School 17069H S N MUIRE NAOFA POLLACH Not Approved
(OFFALY)
OFFALY Primary School 17031F SHINCHILL NSSHINCHILL (OFFALY) Not Approved
OFFALY Primary School 16928B S N NAOMH PHILOMENA TULLAMORE Not Approved
(OFFALY)
OFFALY Primary School 16620T DAINGEAN N S DAINGEAN (OFFALY) Not Approved
OFFALY Primary School 16435B ST CIARANS MIXED N S Not Approved
BALLYCUMBER (OFFALY)
OFFALY Primary School 16013V EDENDERRY CONVENT NSSTMARYS Not Approved
ROAD (OFFALY)
OFFALY Primary School 15656M BALLYKILMURRY N S Not Approved
BALLYKILMURRY (OFFALY)
OFFALY Primary School 15395K MOUNT BOLUS N S MOUNT BOLUS Not Approved
(OFFALY)
OFFALY Primary School 15325M CLONBULLOGUE N S Not Approved
CLONBULLOGUE (OFFALY)
OFFALY Primary School 13118U CLARA CONVENT N S CLARA Not Approved
(OFFALY)
193

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
County Sector School Approval
OFFALY Primary School 10353P CHARLEVILLE NSCHARLEVILLE Not Approved
(OFFALY)
OFFALY Primary School 07949I SNOSMANN BIRR (OFFALY) Not Approved
OFFALY Primary School 05913A KILCORMAC CONVENT N S Not Approved
KILCORMAC (OFFALY)
OFFALY Post Primary 72530L Ard Scoil Chiarain Naofa Frederick St. Not Approved
School
(OFFALY)
OFFALY Post Primary 72520I Coláiste Naomh Cormac Kilcormac Not Approved
School
(OFFALY)
School Staffing
210. Deputy Barry Cowen asked the Minister for Education and Skills if he can provide a
full list of all school in counties Laois and Offaly which have two teachers or less; the number
of teachers per each school; the number of pupils per each school; and the number of support
staff in each school. [9267/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the
Deputy is provided by the National School Annual Census Return and is available on the
Department’s website, www.education.ie, as part of the consultations on the value for money
review of small primary schools. Data on non teaching staff by school is not readily available
in this format.
211. Deputy Ciarán Lynch asked the Minister for Education and Skills if there has been a
recent change in the recognition afforded to teaching experience gained in private schools
when teachers enter the public incremental scale; and if he will make a statement on the
matter. [9282/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Recognition of prior qualified
service in private schools for the purposes of progression on the incremental salary scale is
covered under Circulars 29/2007 (primary teachers) and 29/2010 (post-primary school
teachers).
Under the above schemes, service given within Ireland or the EU in private schools which
have been in existence for over 10 years and provide a full range of curricular subjects in
accordance with the Circulars may, subject to certain conditions, be regarded as analogous to
publicly paid teaching service for the purpose of progression on the incremental salary scale.
The impact on teachers of the Government decision that all new entrants to entry grades of
the public service should start at the first point of the relevant pay scale (Budget 2010) is
currently being examined by my officials and further details will issue in the near future.
Special Educational Needs
212. Deputy Seán Kenny asked the Minister for Education and Skills the circumstances that
gave rise to the dropping of a special needs assistant position at a school (details supplied) in
Dublin 1. [9313/11]
Minister for Education and Skills (Deputy Ruairí Quinn): 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 SNAs to
schools to support children with special educational needs. The NCSE operates within my
194

Questions— 3 May 2011. Written Answers
Department’s criteria in allocating such support, which now includes a requirement for the
NCSE to have regard to an overall cap on the number of SNA posts.
This number is 10,575 whole time equivalent (WTE) posts. This is a significant number of
posts and unlike other areas of the public sector vacancies are being filled up to this number.
It also represents continual increases in the number of SNAs over recent years. For example,
there were 10,543 WTE SNA posts in place at the end of 2010 and 10,342 at end 2009.
It is considered that with equitable and careful management and distribution of these
resources that there should be sufficient posts to provide access to SNA support for all children
who require such care support to attend school, in accordance with Departmental criteria.
The NCSE has issued a circular to all schools advising of the allocation process for the
2011/2012 school year. A key feature of the amended scheme will be to provide for an annual
allocation of Special Needs Assistant support to eligible schools. The NCSE asked schools to
submit all applications for SNA support to them by 18th March, 2011 and intend to inform
schools of their annual SNA allocation as soon as possible, in advance of the coming school
year.
It is important to understand in relation to the SNA allocation process that SNA allocations
are not permanent. The level of SNA support allocated to a school is increased or decreased
as pupils who qualify for SNA support enrol or leave a school. They are also decreased where
a child’s care needs may have diminished over time.
I wish to advise the Deputy also that the recruitment and deployment of SNAs within schools
are matters for the individual Principal/Board of Management. The Board is the SNA’s
employer and the terms of employment are subject to the conditions of the contract of employment.
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 Services Staff
213. Deputy Eamonn Maloney asked the Minister for Education and Skills his plans to carry
out a review to cut the pay of approximately 17,000 staff, including school secretaries and
caretakers; and if he will make a statement on the matter. [9322/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I assume that the Deputy is referring
to Circular 0070/2010 issued by my Department on 26 November 2010, which outlined that
adjustments in salary should be applied, with effect from 1 January 2011, to all relevant staff
in the employment of recognised schools or VECs who were not already affected by the pay
reductions introduced under the Financial Emergency Measures in the Public Interest (No 2)
Act 2009. Some of the categories of staff affected by this Circular included school secretaries
and caretakers.
The Deputy should be aware that this measure was introduced by the previous Fianna Fáíl
— Green Party Government. I am aware of the impact this has had on school secretaries and
caretakers. Workers across the public sector have taken pay cuts in recent years and the current
Government has stated that it will seek to avoid the introduction of further paycuts in return
for full implementation of the Croke Park Agreement.
The Financial Emergency Measures in the Public Interest (No 2) Act 2009 determined the
criteria for reducing the pay of public servants with effect from January 2010. However, when
the Act was introduced, there was a question as to how a public servant should be determined
for the purposes of this Act. Subsequently, following receipt of legal advice, it has now been
195

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
determined that all staff employed by a recognised school or VEC come within the definition
of “public servant” solely for the purposes of the Act. The legislation has determined that all
persons employed by a recognised school or VEC, regardless of the source of the money used
to fund their salary, the lack of ability of any Minister or Department to determine on their
appointment or set their pay rates, and irrespective of whether or not they are eligible for, or
members of, a public service pension scheme, are “public servants” within the meaning of
the Act.
It is important to point out that the fact that affected staff employed by recognised schools
and VECs come within the definition of “public servant” solely for the purposes of the Act
does not alter their employment status in any other respect.
The legislation does not exempt any individual or groups save for the Judiciary and the
President due to provisions in the Constitution. Section 6 does provide a limited power to the
Minister for Finance to exempt or vary the reduction in pay rates provided for in the legislation
where exceptional circumstances exist or because of an arbitration award. In view of the time
lapse involved in reaching a determination on this issue, the Minister for Finance allowed for
a temporary exemption from the application of the Act for these categories of staff up until 31
December 2010.
Accordingly, my Department outlined that adjustments in salary should be applied with
effect from 1 January 2011, to all relevant staff in the employment of recognised schools or
VECs, who were not already affected by the pay reductions introduced under the Act.
School Staffing
214. Deputy Michael McGrath asked the Minister for Education and Skills the position
regarding an application by a school (details supplied) in County Cork. [9338/11]
Minister for Education and Skills (Deputy Ruairí Quinn): When the moratorium was introduced
the Government exempted Principal and Deputy Principal posts in all primary and postprimary
schools and these continue to be replaced in the normal manner. The impact of the
moratorium is therefore limited to the Director of Adult Education, Assistant Principal and
Special Duties allowances payable to teachers on promotion. Vacancies at this level arise due
to retirements in the specific grades and typically also from the knock on effect of filling
Principal and Deputy Principal posts.
Some further limited alleviation was introduced for schools that are acutely affected by the
impact of the moratorium. The alleviation arrangements are set out in Circular 42/2010.
Most of the alleviation arrangements are already in place. Any remaining applications, which
include the school referred to by the Deputy, will be examined and prioritised as soon as
possible. Individual schools will be notified in due course.
School Patronage
215. Deputy Catherine Byrne asked the Minister for Education and Skills the position regarding
a proposed school (detail supplied) in Dublin 8; if he is committed to the provision of this
school; if there is a timeframe in place; and if he will make a statement on the matter. [9339/11]
Minister for Education and Skills (Deputy Ruairí Quinn): A review of the criteria and procedures
for the establishment of new primary schools has been undertaken by the Commission
on School Accommodation and its report has recently been published on my Department’s
website. It will be necessary to consider the report’s recommendations and proposals. In the
196

Questions— 3 May 2011. Written Answers
interim it is not proposed to recognise any new primary schools, except in areas where the
increases in pupil numbers cannot be catered for in existing schools and which require the
provision of new schools.
The establishment of new schools, including the request for a new school in the area referred
to by the Deputy, will be considered in this context.
In line with a commitment given in The Programme for Government I have launched a
Forum on Patronage and Pluralism in the Primary Sector which will enable all stakeholders
including parents to engage in open debate on change of patronage in communities where it is
appropriate and necessary. The Forum intends to develop a mechanism by which a change of
patronage in existing schools can occur. I want to assure the Deputy that the Government is
committed to ensuring our education system caters for a pluralism of choice which reflects the
needs of Ireland today and into the future.
Schools Building Projects
216. Deputy Catherine Byrne asked the Minister for Education and Skills the position regarding
the proposed new school (details supplied) in Dublin 8; if he is committed to the provision
of this school; if there is a timeframe in place; and if he will make a statement on the
matter. [9340/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school to
which the Deputy refers applied to my Department for large scale capital funding for a school
building project to provide additional accommodation. I want to assure the Deputy that I am
aware of the difficulties this school has in terms of accommodating its students, particularly for
the purposes of physical education classes.
In accordance with the published criteria for large scale building projects, the project for this
school has been assigned a Band 2 rating. Information in respect of the current school building
programme along with all assessed applications for major capital works, including this project,
is available on the Department’s website at www.education.ie.
The progression of all large scale building projects, including this project, from initial design
stage through to construction phase will be considered in the context of the Department’s
multi-annual School Building and Modernisation Programme. However, in light of current
competing demands on the Department’s capital budget, it is not possible to give an indicative
timeframe for the progression of a project for the school in question at this time.
Schools Refurbishment
217. Deputy Robert Troy asked the Minister for Education and Skills when he will be in a
position to announce the successful applicants under the summer works scheme. [9341/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I am pleased to advise the Deputy
that on 30 March last I announced that 453 primary and post primary schools across the country
have been successful in their applications for funding under the Summer Works Scheme this
year. A list of the successful projects under the 2011 Summer Works Scheme is available on
the Department’s website www.education.gov.ie. Funding amounting to some €41 million has
been allocated under the scheme. These funds will allow the schools in question to carry out
small and medium scale works this summer and covers projects in school buildings such as gas,
electrical and mechanical works.
197

Questions— 3 May 2011. Written Answers
School Management
218. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills his views
that teachers are entitled to basic fair procedures when facing dismissal or proposal for dismissal;
his plans to reform this system, in particular the provision whereby a teacher can be
dismissed from his or her position solely at the prerogative of the patron. [9349/11]
219. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills his plans to
require that a patron named as principal respondent in litigation arising from the dismissal of
a teacher must attend proceedings in person, subject to an appropriate penalty for failure to
respond. [9350/11]
220. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills his plans to
require that settlement terms reached as an alternative to dismissal of a teacher comply with
all relevant employment law, in particular the Unfair Dismissals Act. [9351/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos.
218 to 220, inclusive, together.
Section 24 of the Education Act 1998 provides that the appointment, suspension and dismissal
of teachers are the responsibility of boards of management. In the case of VEC schools,
section 20 of the Vocational Education (Amendment) Act 2001 provides that the appointment
of teachers and other staff are a matter for each VEC. Removal from office of a VEC officeholder
is provided for by section 8 of the Vocational Education (Amendment) Act 2001 and
requires a decision of the Minister.
Under Circulars 59/2009 (VEC schools) and 60/2009 (all other schools) procedures were
agreed relating to both professional competence issues and procedures relating to work, conduct
and matters other than professional competence. This agreement was made under the
terms of Towards 2016 and the procedures were issued in September 2009.
The procedures serve a dual purpose in that they provide a framework which enables schools
to maintain satisfactory standards, and for teachers and principals to have access to procedures
whereby alleged failures to comply with these standards may be fairly and sensitively addressed.
Issues relating to attendance in defence of court proceedings and terms of settlement are
matters for the parties to such litigation. In the case of disciplinary matters for teachers, this
will in most cases be the board of management or VEC. Outside of the removal of VEC
officeholders, I do not have a decision-making role in such disciplinary matters.
Schools Building Projects
221. Deputy Billy Timmins asked the Minister for Education and Skills the position regarding
a school (details supplied) in County Wicklow; and if he will make a statement on the
matter. [9353/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The Board of Management for the
school referred to by the Deputy has been authorised to instruct their Design Team to proceed
to tender for this project. Subject to no issues arising it is envisaged that the project will
commence construction later this year.
National Educational Psychological Service
222. Deputy Simon Harris asked the Minister for Education and Skills when the guidelines
for National Educational Psychological Service psychologists on the assessment of RACE appli-
198

Questions— 3 May 2011. Written Answers
cations were drawn up; the person they were drawn up by; if stakeholders were consulted for
input into the guidelines; his plans to review these guidelines; and if he will make a statement
on the matter. [9355/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I can inform the Deputy the psychologists
from my Department’s NEPS service process RACE applications, on behalf of the
State Examinations Commission (SEC) in respect of Leaving Certificate students. Recommendations
are made by these psychologists within the context of principals and criteria set
down by the SEC for the awarding of a given accommodation. The guidelines to which the
Deputy refers were developed by a working group of NEPS psychologists in 2004 to make
operational these principles, inform operating practice in processing individual applications and
act as a technical guide for psychologists undertaking this task.
The working group undertaking this task consulted with relevant stakeholders both within
my Department and later within the SEC. The guidelines have since been subject to annual
review within NEPS especially in the light of developments in and changes to the relevant
psychometric test instruments and this will continue to be the case.
State Examinations
223. Deputy Simon Harris asked the Minister for Education and Skills the number of exemptions
granted to students with dyslexia sitting the junior certificate and the leaving certificate,
following psychological assessment for each of the years 2007, 2008, 2009, 2010 and to date in
2011; and if he will make a statement on the matter. [9356/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The State Examinations Commission
has statutory responsibility for operational matters relating to the certificate examinations
including organising the holding of examinations and determining procedures in places
where examinations are conducted including the supervision of examinations.
I can inform the Deputy that the Commission operates a scheme of Reasonable Accommodations
in the certificate examinations. Applications for such accommodations are submitted
by schools on behalf of their students.
A range of accommodations are provided to enable students with special needs to access the
Certificate examinations. For example enlarged print, Braille translation, modified questions,
use of a scribe, a reader, a personal assistant, a tape recorder or word processor, may be
allowed depending on needs. The scheme was introduced following the report of an expert
advisory group, and the introduction enabled opportunities to be provided for exemptions
where a candidate was not in a position to demonstrate achievement in a core area of
assessment.
I have forwarded your query to the State Examinations Commission who will give you a
more comprehensive reply.
Special Educational Needs
224. Deputy Simon Harris asked the Minister for Education and Skills the procedures in
place to assist a child moving from a special needs school to a mainstream school; if there are
obligations in place to ensure that such a child is provided with a place in a mainstream school;
and if he will make a statement on the matter. [9365/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that
the enrolment of a child in a school is a matter in the first instance for the parents of the child
199

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
and the Board of Management of a school. My Department has no role in relation to processing
applications for enrolment to schools.
My Department’s policy is to promote the principle of inclusive education as envisaged in
Section 2 of the Education for Persons with Special Educational Needs, Act 2004. The Department,
either directly or through the National Council for Special Education (NCSE), provides
for a range of supports in schools to enable them cater for students with special educational
needs which includes additional teachers, Special Needs Assistants (SNAs) and specialist equipment.
The precise model of provision made will depend on the pupil’s assessed disability. A
key priority for my Department is to facilitate the maximum possible inclusion of students
with special educational needs while always allowing for individuals for whom inclusion with
mainstream peers may not be in their best interests or the interests of children with whom the
child is to be educated.
Some students are capable of attending ordinary classes on an integrated basis with
additional teaching and/or SNA support. In other cases, a more appropriate response for pupils
may be to attend special dedicated classes within the school. These students have the option,
where appropriate, of full/partial integration and interaction with other pupils. Other children
may have such complex needs that they are best placed in a special school. Special classes and
Special Schools are dedicated to a particular disability group and operate at reduced pupil
teacher ratios ranging from 6:1 to 11:1.
The National Council for Special Education (NCSE) is responsible for the provision of a
range of educational services at local and national level for students with special educational
needs. In particular, its network of Special Education Needs Organisers (SENOs) co-ordinates
special needs education provision at local level and arranges for the delivery of special educational
services. Each SENO works in an assigned local area with parents, schools, teachers,
psychologists, health professionals and other staff who are involved in the provision of services
in that area for children with special educational needs. They act as single points of contact for
parents of students with special educational needs. Another specific function of the SENO is
to identify appropriate educational placements for children with special educational needs.
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.
Higher Education Grants
225. Deputy Sean Fleming asked the Minister for Education and Skills his views on the
situation in which many students throughout the country have applied for third level maintenance
grants to pursue courses in various third level institutions and private colleges and to find
out after enrolling on these courses that the particular courses may not be covered by the
maintenance grants scheme; if he will publish one overall list whereby students can verify in
advance whether their courses are eligible for a maintenance grant scheme rather than finding
out after they have commenced the course; if he will take a proactive approach to help students
who end up in severe financial difficulty because of this situation; and if he will make a statement
on the matter. [9374/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The student grant schemes, which
specify the criteria for approved courses as well as approved institutions, are widely available
to the general public on both my Department’s website and on the studentfinance.ie website.
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The student finance website, which is funded by my Department, provides a comprehensive
source of information on financial support for further and higher education and it has a specific
section which allows students to check as to whether or not their chosen course is approved
for a grant.
Students also have recourse to their local grant awarding body — VEC or local authority —
to verify the position. Information on approved institutions and courses will continue to be
made available through these channels and students are strongly advised to make use of them
if they have any doubts in this area. Applying for a grant as early as possible will also help to
reduce the risk of accepting an unapproved course as the grant assessment process includes a
check on institution and course eligibility.
To assist students in exceptional financial need, the Student Assistance Fund at some €5m
will continue to be made available through the access offices of third-level institutions. The
studentfinance.ie website also has information on this fund. The access offices themselves will
also continue to provide support and advice to students to enable them to continue with their
studies.
In addition, Section 21 of the Finance Act 2000 provides for the introduction of tax relief
for fees paid in publicly funded colleges here and in other EU Member States as well as in
private colleges in this state. This relief, which applies at the standard rate of tax, is available
to full time and part time students and includes distance education courses offered by publicly
funded colleges in other EU Member States. Further details on claiming this relief are available
from local tax offices or on the Revenue Commissioner’s website at www.revenue.ie.
Schools Refurbishment
226. Deputy Eric Byrne asked the Minister for Education and Skills the position regarding
the provision of a minor works grant to a school (details supplied); when it is planned to grant
the school a works grant; and if he will make a statement on the matter. [9376/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I understand that the Deputy is
referring to the application submitted by the school in question for funding under the 2011
Summer Works Scheme.
A list of 453 successful schools was announced on 30 March 2011 and I regret that the
application made by the school referred to by the Deputy was not selected. A letter to this
effect has issued to the school.
Applications from schools for gas, mechanical and electrical works were prioritised for Summer
Works funding this year. Unfortunately, due to the scale of demand for funding under the
scheme, it was not possible to grant aid all applications and accordingly it has been necessary
to prioritise some categories of works over others.
My Department has sought to prioritise the funds that are available towards works that are
most relevant to the health and safety of staff and students alike in our schools.
Schools Building Projects
227. Deputy Brendan Smith asked the Minister for Education and Skills the policies in place
in 1997 regarding the financial contributions required of schools in relation to the purchase of
sites and commissioning of capital works; and the nature and date of all significant changes to
these policies since that point. [9412/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Prior to 1999 a local contribution
of 15% for primary schools and 10% for post-primary schools was sought for projects built on
201

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
land not owned by the State. In 1999 the then Government announced a significant change in
the way local contribution was levied, introduced a ceiling on the local contribution and
reduced the percentage to be paid locally on school capital projects. The maximum level of
local contribution for new schools was €63,000 or €12,500 in the case of special schools or DEIS
designated disadvantaged schools. In the case of refurbishments or extensions to existing school
buildings the maximum local contribution was €31,500 or €12,500 in the in the case of special
schools or DEIS designated disadvantaged schools.
In recent years, a number of measures were taken to reduce further the local contribution
burden, these were:
— No local contributions were sought for special education projects in mainstream
schools, even where the land was not owned by the State.
— No local contributions were sought for projects delivered under the Small Schools
Scheme or Permanent Accommodation Scheme, a single all inclusive grant was paid
under these schemes.
— A rolling five year period was used to reduce local contributions for Summer Works
Scheme projects.
In October 2010 the previous Government approved the discontinuation of the policy of seeking
a Local Contribution for all new primary and post-primary projects commencing construction
and the rental of temporary accommodation.
Schools Refurbishment
228. Deputy Ciara Conway asked the Minister for Education and Skills if he will examine
the reason given to a school (details supplied) in County Tipperary for their unsuccessful application
to the summer works scheme; and if he will make a statement on the matter. [9416/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school
referred to by the Deputy submitted an application to my Department for funding under the
2011 Summer Works Scheme. A list of 453 successful schools was announced on 30 March
2011. I regret that the application made by the school was not selected because the Consultant
did not meet the qualification criteria outlined in the Scheme’s governing Circular for the works
in question. A letter to this effect has issued to the school.
Literacy Levels
229. Deputy Brendan Smith asked the Minister for Education and Skills if in view of information
gained from the recent programme for international student assessment figures on
literacy and to ensure that data are fully comparable to the 1995 survey, if he will ensure that
the forthcoming survey on adult literacy levels will gather information which is capable of
distinguishing between persons on the basis of what their native language is. [9417/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The
forthcoming survey referred to by the Deputy is the Programme for the International Assessment
of Adult Competencies (PIAAC). PIAAC is being organised by the OECD and Ireland’s
participation is being funded by my Department. The survey will be administered in Ireland
by the Central Statistics Office (CSO). Results are expected to be published in 2013.
202

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PIAAC will provide data, including data around country of birth and language, that is comparable
to the 1995 survey referred to by the Deputy (the OECD International Adult Literacy
Survey, IALS, published in 1997).
The OECD Programme for International Student Assessment (PISA) addressed the literacy
skills of 15 years olds while IALS and PIAAC address the skills of adults between the ages of
16-64. Therefore, comparisons are less straightforward. The OECD is currently examining how
the results of PIAAC might be compared with those of PISA.
230. Deputy Brendan Smith asked the Minister for Education and Skills the number of
persons participating in State-supported adult literacy programmes in each year from 1997 to
the latest available figures. [9418/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The
information requested by the Deputy is contained in the table, including the latest updated
figures for 2010. They include participants in English for Speakers of Other Languages (ESOL)
courses which are also funded under the Adult Literacy scheme.
Adult Literacy Programme Statistics 1997-2010
Year
No of Participants
1997 5,000
1998 5,000
1999 13,000
2000 17,150
2001 22,732
2002 28,363
2003 31,579
2004 33,873
2005 35,738
2006 40,678
2007 45,812
2008 49,962
2009 47,600
2010 54,000
Proposed Legislation
231. Deputy Aodhán Ó Ríordáin asked the Minister for Education and Skills when legislation
will be brought forward to amend existing legislation under the National Educational Welfare
Act 2000 which would expand the remit of the act and the resources of the National Education
Welfare Board to all children enrolled in any school regardless of age; and if he will make a
statement on the matter. [9421/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The
Deputy will be aware that the establishment of a Department of Children was announced by the
Taoiseach on 9 March and Minister Frances Fitzgerald has been appointed as its first Minister.
On its establishment the new Department will take responsibility for the National Education
Welfare Board and arrangements are being made for the formal transfer of functions from the
Department of Education and Skills.
203

[Deputy Ciarán Cannon.]
Questions— 3 May 2011. Written Answers
It is envisaged that while the functions of the Board can be transferred by Order under
section 6(1) of the Ministers and Secretaries (Amendment) Act 1939, it will be necessary to
bring forward legislation to amend certain sections of the Educational (Welfare) Act, 2000 to
ensure synchronicity between the respective Departmental functions.
In that context, in principle, I would see merit in an approach where parents, who have
chosen to enrol a child under the age of six years in a school, would be treated under the law
in the same manner as parents of children over the age of six years and that the same provisions
would apply in such cases. The timetable for the legislation has not been set but it will be given
further consideration in the near future.
Schools Refurbishment
232. Deputy Noel Harrington asked the Minister for Education and Skills when urgent
repairs will be carried out to the roof of a school (details supplied) in County Cork; and if he
will make a statement on the matter. [9431/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school
referred to by the Deputy submitted an application to my Department for funding under the
2011 Summer Works Scheme. A list of 453 successful schools was announced on 30 March 2011
and I regret that the application made by the school concerned was not selected. A letter to
this effect has issued to the school.
Applications from schools for gas, mechanical and electrical works were prioritised for Summer
Works funding this year. Unfortunately, due to the scale of demand for funding under the
scheme, it was not possible to grant aid all applications and accordingly it has been necessary
to prioritise some categories of works over others.
My Department has sought to prioritise the funds that are available towards works that are
most relevant to the health and safety of staff and students alike in our schools.
233. Deputy Regina Doherty asked the Minister for Education and Skills the reason the
application by a school (details supplied) in County Meath, under the emergency work scheme
was unsuccessful; his views on the summer works programme 2011 and the inclusion of necessary
improvements other than those within the remit of electrical and heating improvements
in order that schools would have the necessary upgrades made; and if he will make a statement
on the matter. [9432/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The school referred to by the
Deputy was advised earlier this year that its application for funding under my Department’s
Emergency Works Scheme was unsuccessful as the application did not qualify for funding
under the terms of the Scheme.
I am pleased, however, to confirm that the school was successful in its application for funding
under the 2011 Summer Works Scheme for works to the mechanical system including works to
the septic tank. A letter to this effect has issued to the school. Applications from schools for
gas, mechanical and electrical works were prioritised for Summer Works funding this year.
Unfortunately, due to the scale of demand for funding under the scheme, it was not possible
to grant aid all applications and accordingly it has been necessary to prioritise some categories
of works over others.
My Department has sought to prioritise the funds that are available towards works that are
most relevant to the health and safety of staff and students alike in our schools.
204

Questions— 3 May 2011. Written Answers
234. Deputy Regina Doherty asked the Minister for Education and Skills if he will reconsider
the application made by a school (details supplied) in County Meath, under the summer works
programme 2011, to have necessary improvement works made on the steps leading to the
entrance of the school; his views on the health and safety responsibilities of his Department
should an accident occur as a result of the application for grant under the summer works
programme 2011 being unsuccessful; and if he will make a statement on the matter. [9433/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school
referred to by the Deputy submitted an application to my Department for funding under the
2011 Summer Works Scheme. A list of 453 successful schools was announced on 30 March 2011
and I regret that the application made by the school referred to by the Deputy was not selected.
A letter to this effect has issued to the school.
Applications from schools for gas, mechanical and electrical works were prioritised for Summer
Works funding this year. Unfortunately, due to the scale of demand for funding under the
scheme, it was not possible to grant aid all applications and accordingly it has been necessary
to prioritise some categories of works over others.
For works that are of a very urgent nature, it is open to the school authorities to consider if
the works in question qualify for funding under my Department’s Emergency Works Scheme.
An emergency is deemed to be a situation which poses an immediate risk to health, life, property
or the environment which is sudden, unforeseen and requires immediate action and, in the
case of a school, if not corrected would prevent the school or part thereof from opening. Details
of the Scheme, together with an application form for grant assistance, can be accessed on my
Department’s website at www.education.ie.
Special Educational Needs
235. Deputy Noel Harrington asked the Minister for Education and Skills if he will carry out
a comprehensive review of the reduction of staff numbers involved as special needs assistants;
his views on the expected numbers involved in the coming years; and if he will make a statement
on the matter. [9436/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that,
as opposed to there having been a reduction in the number of Special Needs Assistants (SNAs),
there has been a continual increase in the number of SNAs in recent years. For example, there
were 10,543 Whole Time Equivalent (WTE) SNA posts in place at the end of 2010 and 10,342
at the end of 2009.
I intend to prioritise and support special educational services. However, I cannot re-visit the
previous Government’s decision to place a cap on the number of posts available under the
SNA scheme. This number is 10,575 whole time equivalent (WTE) posts. This is a significant
number of posts and unlike other areas of the public sector vacancies are being filled up to
this number.
The National Council for Special Education (NCSE) is responsible, through its network of
local Special Educational Needs Organisers (SENOs) for allocating resource teachers and
SNAs to schools to support children with special educational needs. The NCSE operates within
my Department’s criteria in allocating such support, which now includes a requirement for the
NCSE to have regard to an overall cap on the number of SNA posts.
It is considered that with equitable and careful management and distribution of these
resources that there should be sufficient posts to provide access to SNA support for all children
who require such care support to attend school, in accordance with Departmental criteria.
205

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
The NCSE recently issued a circular to all schools advising of the SNA allocation process
for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an
annual allocation of SNA support to eligible schools.
The NCSE asked schools to submit all applications for SNA support to them by 18th March,
2011 and intend to inform schools of their annual SNA allocation as soon as possible, in
advance of the coming school year.
My Department and I will be glad to consider any suggestions from school management or
parent representative organisations as to how the allocation of SNA resources can best be
managed within the context of the overall limit on SNA numbers established. In this regard I
am committed to making whatever improvements are possible to the resource allocation
system.
Schools Building Projects
236. Deputy Ciara Conway asked the Minister for Education and Skills his plans to open a
school (details supplied) in County Waterford; the criteria which must be met in relation to
being granted temporary status by him; and if he will make a statement on the matter.
[9439/11]
Minister for Education and Skills (Deputy Ruairí Quinn): A review of the criteria and procedures
for the establishment of new primary schools has been undertaken by the Commission
on School Accommodation and its report has recently been published on my Department’s
website. It will be necessary to consider the report’s recommendations and proposals. In the
interim it is not proposed to recognise any new primary schools, except in areas where the
increases in pupil numbers cannot be catered for in existing schools and which require the
provision of new schools.
The establishment of new schools, including the request for a new school in the area referred
to by the Deputy, will be considered in this context. In line with a commitment given in The
Programme for Government I have launched a Forum on Patronage and Pluralism in the
Primary Sector which will enable all stakeholders including parents to engage in open debate
on change of patronage in communities where it is appropriate and necessary.
School Staffing
237. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will retain
the third teacher at a school (details supplied) in County Cork; and if he will make a statement
on the matter. [9452/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The key factor for determining
the level of staffing resources provided at individual school level is the staffing schedule for
the relevant school year and pupil enrolments on the previous 30 September. The staffing
schedule for the 2011-2012 school year was published on my Department’s website in March
2011. The staffing schedule also includes an appeals mechanism for schools to submit an appeal
under certain criteria to an independent Appeal Board. Details of the criteria for appeal are
contained in the staffing schedule, Circular 0019/2011. The Appeal Board operates independently
of the Department and its decision is final.
Departmental Bodies
238. Deputy Seán Kenny asked the Minister for Education and Skills the attendance records
206

Questions— 3 May 2011. Written Answers
of the members of the HETAC at their council meetings over the past five years; the fees,
remuneration and expenses paid to each member of the council for each of the past five
years. [9457/11]
Minister for Education and Skills (Deputy Ruairí Quinn): HETAC members do not receive
any fees or remuneration for their service. Records in relation to attendance at HETAC
Council meetings and expenses received by Council members are not recorded at my Department.
I have asked officials at my Department to request this information from HETAC and
it will be forwarded to the Deputy as soon as possible.
239. Deputy Seán Kenny asked the Minister for Education and Skills the attendance records
of the members of the National Education Welfare Board at their board meetings over the
past five years; the fees, remuneration and expenses paid to each member of the board for
each of the past five years. [9458/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon):
Records in relation to attendance at National Educational Welfare Board meetings are not
recorded in my Department. I have asked officials at my Department to request this information
from the National Welfare Educational Board and it will be forwarded to the Deputy
as soon as possible.
Departmental Statistics
240. Deputy Seán Kenny asked the Minister for Education and Skills the number of students
who are expected to graduate as physiotherapists, nurses, dental nurses, midwives, and occupational
therapists in 2011 and if he will provide the same for each of the past four years.
[9459/11]
Minister for Education and Skills (Deputy Ruairí Quinn): Available data on the number of
new entrants and graduates in respect of these disciplines is provided in the table supplied by
the Higher Education Authority. 2010 graduate data and final year enrolments for the current
year are not available yet. As nursing, physiotherapy and occupational therapy are four year
degree programmes, the level of enrolments in 2007 provides an approximate indication of
what the expected graduate output may be in 2011. However, actual output will depend on a
number of factors, including attrition rates, the level of repeats and students taking a break in
their studies. Similarity the level of enrolments in 2008 and 2009 provide some indication of
the number of dental nurses who may graduate in 2011.
Graduates
2009 2008 2007 2006
Nursing (Inc Midwifery)* Level 8 1,537 1,761 1,791 1,587
Physiotherapists Level 8 128 115 146 123
Occupational Therapy Level 8 74 81 76 45
Dental Nurses** Level 6+7 46 35 27 15
*Graduate numbers for Midwifery are included in the nursing figures as both are included under the same ISCED
code 723.
**Dental Nurses graduate with a level 6 or 7 qualification depending on the course completed.
2009, 2008 and 2007 figures are combined numbers for the IOT and University sector. 2006 figures are for the
university sector only as 2006 and earlier data was collected by the statistics section of the DES.
207

Questions— 3 May 2011. Written Answers
[Deputy Ruairí Quinn.]
New Entrants
2009 2008 2007 2006
Nursing (Inc Midwifery)* Level 8 1,531 1,742 1,884 1,678
Physiotherapists Level 8 120 117 120 122
Occupational Therapy Level 8 95 93 87 95
Dental Nurses** Level 6+7 54 57 46 40
*New entrants numbers for Midwifery are included in the nursing figures as both are included under the same
ISCED code 723.
**Dental Nurse courses are at level 6 or 7 depending on the course.
Data for all years are combined figures for the IOT and university sector.
Special Educational Needs
241. 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 County Meath;
and if he will make a statement on the matter. [9470/11]
Minister for Education and Skills (Deputy Ruairí Quinn): 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 SNAs to
schools to support children with special educational needs. The NCSE operates within my
Department’s criteria in allocating such support. This now includes a requirement for the NCSE
to have regard to an overall cap on the number of SNA posts.
This number is 10,575 whole time equivalent (WTE) posts. This is a significant number of
posts and unlike other areas of the public sector vacancies are being filled up to this number.
It also represents continual increases in the number of SNAs over recent years. For example,
there were 10,543 WTE SNA posts in place at the end of 2010 and 10,342 at end 2009.
It is considered that with equitable and careful management and distribution of these
resources that there should be sufficient posts to provide access to SNA support for all children
who require such care support to attend school, in accordance with Departmental criteria.
The NCSE has issued a circular to all schools advising of the allocation process for the
2011/2012 school year. A key feature of the amended scheme will be to provide for an annual
allocation of Special Needs Assistant support to eligible schools.
The NCSE asked schools to submit all applications for SNA support to them by 18th March,
2011 and intend to inform schools of their annual SNA allocation as soon as possible, in
advance of the coming school year.
My Department and I will be glad to consider any suggestions from school management or
parent representative organisations as to how the allocation of SNA resources can best be
managed within the context of the overall limit on SNA numbers established. In this regard I
am committed to making whatever improvements are possible to the resource allocation
system.
National Drugs Strategy
242. Deputy Robert Dowds asked the Minister for Education and Skills his plans to return
to participation in drugs task forces; and if he will make a statement on the matter. [9491/11]
Minister for Education and Skills (Deputy Ruairí Quinn): My Department’s commitment to
the National Drugs Strategy is evidenced in the assignment of two senior staff to work predomi-
208

Questions— 3 May 2011. Written Answers
nantly on issues relating to the Strategy from an educational perspective and also in the continued
Department representation, at senior level, on bodies such as the Oversight Forum on
Drugs, the Drugs Advisory Group and the National Advisory Committee on Drugs.
Due to staffing constraints and the outcome of work prioritisation across my Department
which identified capacity shortfalls in several key areas, it is not possible to nominate representatives
to all of the 24 local and regional drugs task forces.
The Vocational Education Committees (VECs) are represented on the majority of drugs
task forces. Recognising this, the Office of the Minister for Drugs recently invited the Irish
Vocational Education Association (IVEA) to nominate a representative to the Drugs Advisory
Group. This nomination has been made. In this context, it has been agreed between my Department
and the IVEA that VEC representatives of the different task forces will bring relevant
issues to the attention of my Department by means of a sub-committee, to be established
shortly. This new approach aims to provide a communication channel between the key education
partners in relation to the effective implementation of the National Drugs Strategy.
I am committed, within the resources available to my Department, to provide support, from
an educational perspective, for the National Drugs Strategy.
School Patronage
243. Deputy Gerald Nash asked the Minister for Education and Skills the process he will
deploy in order to decide on the patronage of a proposed new second-level school for the
Drogheda area; the timeframe involved; and if he will make a statement on the matter.
[9499/11]
Minister for Education and Skills (Deputy Ruairí Quinn): My Department has recently
announced plans to open at least 13 new post-primary schools over the next five years to cater
for increased demographics in a number of locations, including the Drogheda area.
Decisions on the patronage of any new second level school will be taken in line with the
Programme for Government which gives a commitment to move towards a more pluralist
system of patronage at post primary level, recognising a wider number of patrons. It is my
intention to prioritise this policy in the weeks and months ahead.
Special Educational Needs
244. Deputy Gerry Adams asked the Minister for Education and Skills the total number of
special needs assistants employed in County Louth and in east Meath in 2007, 2008, 2009 and
2010. [9527/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the
Deputy on the number of special needs assistants employed in County Louth and East Meath
on the dates specified is not readily available. The number of Special Needs Assistants
employed nationally from 2007 to 2010 is available in the following document. The details for
each year are the December figures for the year in question. The primary schools information
is inclusive of the special schools details.
The Deputy will be aware that the National Council for Special Education (NCSE) is responsible,
through its network of local Special Educational Needs Organisers (SENOs), for allocating
special needs resources to schools to support children with special educational needs. The
NCSE operates within my Department’s criteria in allocating such support. The NCSE will
continue to support schools, parents, children and teachers and special needs assistants will
209

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
continue to be deployed to schools to meet children’s needs in line with my Department’s
policy.
Number of Special Needs Assistants
Year Number of Special Needs Assistants in Number of Special Needs Assistants in Post
Primary schools
Primary Schools, including VECs.
2007 8,038 1,786
2008 8,440 2,002
2009 8,392 1,950
2010 8,401 2,142
Teacher Education Programmes
245. Deputy Eoghan Murphy asked the Minister for Education and Skills if he has met with
the group TEACH or has been made aware of their proposal known as the Newman solution;
and if he will make a statement on the matter. [9534/11]
Minister for Education and Skills (Deputy Ruairí Quinn): My Department has received the
proposal known as the Newman Solution and is considering the impacts it would have including
funding, on the capacity of the colleges of education to administer an extra year and extended
periods of teaching placements and on the school system.
The Deputy may be aware that there are significant changes currently under consideration
for primary initial teacher education programmes. The draft national plan on Literacy and
Numeracy which was launched in November 2010 sets out national targets covering early childhood,
primary education and post-primary education. The targets seek to foster a better culture
of reading and more positive attitudes towards mathematics among young people. A key
element of the plan relates to Initial Teacher Education (ITE):
• lengthening the Bachelor of Education degree programme for primary teachers to
four years and the dropping of many academic subjects in colleges of education in
favour of the study of education and literacy and numeracy teaching;
• lengthening of H Dip Ed course for post-primary teaching to two years;
• longer and more structured teacher practice sessions.
The courses are not simply to be lengthened, but to be reconfigured so that there is greater
integration of academic and practical elements, and so that the graduates will be reflective
practitioners capable of self-direction and applying current research on an ongoing basis to
their own teaching.
Concurrently, The Teaching Council, the professional body for teachers, has recently
launched its Draft Policy Paper on the Continuum of Teacher Education which will bring
together Initial Teacher Education, induction and early and continuing professional development
(CPD). The Council sought views, comments and suggestions of stakeholders on this
important document which also envisages lengthening of the Bachelor of Education course to
a minimum of four years and the post graduate programme for primary teachers to two years
by 2012/13.
The implementation of these measures would be a significant undertaking by the Colleges
of Education, the Teaching Council and my Department which requires, discussion, debate and
careful planning and preparation in order to achieve the best outcome possible.
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Questions— 3 May 2011. Written Answers
I understand that the Teaching Council has also been made aware of the “Newman Solution”
which will be considered in the context of the proposed reforms to primary initial teacher
education programmes.
Higher Education Grants
246. Deputy Jack Wall asked the Minister for Education and Skills if a person (details
supplied) in County Kildare will qualify on their status for a third level grant; and if he will
make a statement on the matter. [9573/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The decision on eligibility for a
student grant is a matter for a student’s local grant awarding body — the relevant local authority
or VEC. In the absence of all of the relevant details that would be contained in an
individual’s application form, including those relating to age, residence, means, nationality and
previous academic attainment, the Deputy will appreciate that it would not be possible for me
to say whether or not a student would qualify for a grant. However, the specific clause relating
to nationality in the 2010 student grant schemes stipulates that:
Candidates must be a national of—
(i) an EU Member State,
(ii) a state which is a contracting state to the EEA Agreement,
(iii) the Swiss Confederation, or
— a refugee or other person entitled for the time being to the rights and privileges
specified in section 3 of the Refugee Act 1996; or
— be a person, pursuant to the European Communities (Eligibility for Protection)
Regulations 2006 (S.I. No. 518 of 2006)—
(i) who the Minister for Justice, Equality and Law Reform has determined is eligible
for the time being for subsidiary protection pursuant to Regulation 4 of those Regulations,
or
(ii) to whom the Minister for Justice, Equality and Law Reform has granted permission
for the time being in writing to enter and reside in the State pursuant to
Regulation 16 of those Regulations; or
— have permission to remain in the State as a family member of a Union citizen
under the provisions of the European Communities (Free Movement of
Persons) Regulations 2006 and 2008 and Directive 2004/38/EC of the European
Parliament and of the Council; or
— have permission to remain in the State by virtue of marriage to an Irish
national residing in the State, or be the dependent child of such person, not
having EU nationality; or
— have been granted Humanitarian Leave to Remain in the State (prior to the
Immigration Act 1999); or
— be a person in respect of whom the Minister for Justice, Equality and Law
Reform has granted permission to remain following a determination not to
make a deportation order under section 3 of the Immigration Act 1999.
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Again, as nationality is only one aspect of a student grant application, the student in question
is advised to submit a fully completed application form to his/her grant awarding authority to
establish eligibility or otherwise for a grant. Further useful information on the student grant
schemes is available on the studentfinance.ie website.
Programmes for Government
247. Deputy John McGuinness asked the Minister for Education and Skills the specific proposals
in the programme for Government for which he is responsible; the target dates he has
agreed for the delivery of these proposals; and if he will publish an implementation schedule.
[9582/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The Programme for Government
agreed between the Labour Party and Fine Gael is a plan that draws on the best of both parties,
united in their commitment to bring fresh ideas, new energy and renewed hope to the leadership
of our country. It is the pledge of a national government, united in the national interest.
The document contains a comprehensive set of policy goals, which are to be implemented
over the lifetime of this government. In the area of education these include specific commitments
in relation to raising educational standards, making literacy a national cause, reforming
the patronage system, the school building programme, and reform of the third level sector. The
Programme for Government also outlines the Government’s intent to deliver equity in education,
prioritise lifelong learning and encourage the development of the international education
sector here. The Government’s main ambition in education is to build a knowledge
society and to improve educational outcomes for all students and learners even at a time of
national crisis.
I intend to prioritise a number of these issues in the short to medium term. I have already
launched the Forum on Patronage and Pluralism in the Primary Sector and will be prioritising
the finalisation of the draft literacy and numeracy plan over the coming months. I am also
looking forward to receiving the outcomes of the NCCA’s national consultation on reform of
the junior cycle in the near future.
I am committed to progressing all aspects of the Programme for Government over the next
five years and will be discussing the remaining commitments with my officials over the coming
months with a view to further prioritisation within the resources available to me over that
period.
Schools Refurbishment
248. Deputy Jim Daly asked the Minister for Education and Skills if the poor standard of
sanitary facilities and mechanical installation was considered when an unsuccessful decision
was arrived at in relation to the summer works scheme for a school (details supplied) in County
Cork; and if he will make a statement on the matter. [9599/11]
Minister for Education and Skills (Deputy Ruairí Quinn): An application under the 2011
Summer Works Scheme has been received from the school referred to by the Deputy. A list
of 453 successful schools was announced on 30 March 2011 and I regret that the application
for sanitary facilities and associated mechanical works made by the school referred to by the
Deputy was not selected. A letter to this effect has issued to the school.
Applications from schools for gas, mechanical and electrical works were prioritised for Summer
Works funding this year. Unfortunately, due to the scale of demand for funding under the
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scheme, it was not possible to grant aid all applications and accordingly it has been necessary
to prioritise some categories of works over others.
My Department has sought to prioritise the funds that are available towards works that are
most relevant to the health and safety of staff and students alike in our schools.
Pupil-Teacher Ratio
249. Deputy Jim Daly asked the Minister for Education and Skills if any exception can be
made to the pupil-teacher ratio provisions at a school (details supplied) in County Cork due
to a large number of junior students attending up to second class; and if he will make a statement
on the matter. [9600/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The staffing schedule for primary
schools for the school year 2011/2012 was published on my Department’s website in March
2011. It sets out in a fair and transparent manner the pupil thresholds for the allocation of
mainstream classroom posts for all schools.
It is not possible to make an exception to the staffing schedule in the case of the school
referred to by the Deputy. School authorities are requested to ensure that the number of pupils
in any class is kept as low as possible, taking all relevant contextual matters into account (e.g.
classroom accommodation, fluctuating enrolment etc.) In particular, school authorities should
ensure, as far as possible, that there is an equitable distribution of pupils in mainstream classes
and the differential between the largest and smallest classes is kept to a minimum.
Special Educational Needs
250. Deputy Jim Daly asked the Minister for Education and Skills the position regarding an
application for resources in respect of a person (details supplied) in County Cork; and if he
will make a statement on the matter. [9601/11]
Minister for Education and Skills (Deputy Ruairí Quinn): 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 criteria in allocating such support which now includes
a requirement for the NCSE to have regard to an overall cap on the number of SNA posts as
well as a temporary suspension of the sanctioning of additional resource teaching support
hours.
In considering applications for teaching and SNA support for individual pupils, the SENOs
take account of the needs identified in the professional reports and decide whether the circumstances
come within the Department’s criteria. They then 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 pupil from its current level of resources.
In respect of the SNA scheme, the NCSE has issued a circular to all schools advising of the
allocation process for the 2011/2012 school year. A key feature of the amended scheme will be
to provide for an annual allocation of Special Needs Assistant support to eligible schools. The
NCSE has asked schools to submit all applications for SNA support to them by 18th March,
2011 and intend to inform schools of their annual SNA allocation as soon as possible, in
advance of the coming school year.
In respect of the allocation of Resource Teaching hours, the Department of Education and
Skills (DES) is required to ensure that the overall allocation of teaching posts does not exceed
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the targets set out in the Governments Employment Control Framework. The NCSE has issued
a Circular to schools advising them that the final date for schools to submit any outstanding,
completed, applications for resource teaching supports is 13th May 2011. On receipt of all
outstanding applications the DES and NCSE will be in a position to consider resource allocation
for the coming school year, in the context of the Departments Employment Control
Framework obligations. Schools will be notified of their allocations as soon as possible.
Schools Building Projects
251. Deputy Tom Hayes asked the Minister for Education and Skills the position regarding
an application for school building funding from a school (details supplied) in County Tipperary;
and if he will make a statement on the matter. [9608/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The project for the school to which
the Deputy refers is included in the 2011 School Building Work Programme to complete tender
documents and proceed to tender this year. Planning Permission has been secured and my
Department is currently awaiting submission of the stage 2(b) report, including tender documents,
from the school and its design team. When the stage 2(b) submission has been received
and examined and assuming no issues arise, the project will then proceed to tender stage.
252. Deputy John McGuinness asked the Minister for Education and Skills the progress, if
any, in plans to provide an extension at a school (details supplied) in County Kilkenny; if his
officials have met with the board of management; if he will report on that meeting; and if he
will make a statement on the matter. [9626/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The school to which the Deputy
refers applied to my Department for large scale capital funding for an extension. The application
has been assessed in accordance with the published prioritisation criteria for large scale
building projects and assigned a Band 2 rating.
The priority attaching to individual projects is determined by published prioritisation criteria,
which were formulated following consultation with the Education Partners. There are four band
ratings under these criteria, each of which describes the extent of accommodation required and
the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest.
Documents explaining the band rating system are available on my Department’s website.
Information in respect of the current school building programme along with all assessed
applications for major capital works, including the project referred to by the Deputy, is available
on the Department’s website at www.education.ie. The Forward Planning Section of my
Department is finalising its analysis of all areas in the country in order to determine the level
of additional school provision which will be required at both primary and post primary level
up to 2017. Overall primary and post-primary requirements are being considered in this context.
The progression of all large scale building projects arising from Forward Planning Section’s
analysis will be considered in the context of my Department’s School Building and Modernisation
Programme. My officials will be in contact with the school authorities shortly in relation
to their application.
FÁS Training Programmes
253. Deputy Simon Harris asked the Minister for Education and Skills the advice he would
offer to a trainee electrician, currently entering his or her fourth year of study, who is encoun-
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Questions— 3 May 2011. Written Answers
tering increasing difficulty in finding the paid placements needed to complete the course; and
if he will make a statement on the matter. [9631/11]
Minister for Education and Skills (Deputy Ruairí Quinn): While the onus for finding an onthe-job
work placement lies with the apprentice in the first instance, FÁS can assist apprentices
in this regard through the provision of information on job vacancies at local FÁS Employment
Services offices, through its freephone service (1800 611 116) or via its FÁS website
at www.fas.ie. FÁS is currently implementing a number of initiatives to support registered
redundant apprentices to progress in their apprenticeships, including work placements.
The 2011 Redundant Apprentice Placement Scheme funded by my Department and administered
by FÁS aims to facilitate up to 1,000 eligible redundant apprentices to complete the onthe-job
training phases 3, 5 and 7 of their apprenticeships with FÁS approved employers in
either the private sector or, for the first time, the public sector. Other initiatives taken by
FAS to assist redundant apprentices to progress in their apprenticeships include ‘Changes in
Progression Rules’ whereby redundant apprentices unable to complete their relevant on-thejob
training phases are now permitted to progress to the next Off-the-Job training phase.
Under the ‘Phase 7 Equivalent Assessments Scheme’, redundant construction trade apprentices
unable to complete on-the-job Phase 7 Assessments at an employer undertaken Phase 7
Equivalent Assessments at a FÁS Training Centre. The ‘Recognition of Prior Learning
Scheme’ allows redundant apprentices who have successfully completed all apprenticeship
training Phases 1 to 7 but who have not completed the statutory four years in employment as
an apprentice to validate their competence by submitting a portfolio of evidence of trade
related work experience gained at home and/or abroad and/or trade related training and education.
Under the ‘Fee Waiver Scheme’,FÁS day and/or evening courses course fees are waived
for redundant apprentices.
Schools Building Projects
254. Deputy Tom Fleming asked the Minister for Education and Skills if he will provide the
necessary funding as a matter of urgency for a school (details supplied) in County Kerry as the
current situation is causing a health and safety issue. [9639/11]
Minister for Education and Skills (Deputy Ruairí Quinn): I am pleased to advise the Deputy
that a project to provide an extension for the school to which he refers was included in the
Ministerial announcement of 24 January 2011. Briefs will be formulated in 2011 and the process
of appointing a Design Team will commence. My officials will be in contact with the school
authority in due course relating to the steps to be taken to progress the project.
School Curriculum
255. Deputy Joe McHugh asked the Minister for Education and Skills, further to Parliamentary
Question No. 159 of 12 April 2011, if he will reconsider the matter in view of the fact that
the relevant organisation is not seeking funding but instead seeks official recognition from his
Department; and if he will make a statement on the matter. [9718/11]
Minister for Education and Skills (Deputy Ruairí Quinn): My Department has no objection
to schools participating in the Junk Kouture initiative, should they wish to do so. As stated in
Parliamentary Question No. 159, which was answered on 12 April 2011, the initiative supports
aspects of the Art Craft and Design, Home Economics, Civic Social and Political Education,
Science, Business and Social and Environmental studies aspects of the curriculum in second
215

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
level schools. Overall, education for sustainable development and environmental awareness and
care are significant themes underpinning many subjects within the curriculum in our schools.
These issues also feature in the Transition Year programme, where each school has the
flexibility to design its own programme within a framework set out by my Department. As part
of this, schools are encouraged to provide for innovative activities which develop students’ key
competences in such areas as research, planning and budgeting, design, team work, and evaluation.
Many schools provide musicals, fashion shows and participate in competitions as part
of this approach. Schools therefore have discretion as to whether they wish to participate in
Junk Kouture in meeting the learning objectives of the Transition Year Programme, or in
supporting other aspects of the curriculum. They may also fund participation in the programme
from the capitation grants and other programme resources allocated to schools, should they
wish to do so.
The Department’s logo is approved for use for programmes or projects that are funded
wholly or in part by the Department of Education and Skills, as is the case with the Young
Scientist exhibition. It should not, under any circumstances, be used by a commercial company
to advertise a product or distribute educational material. It is not the policy of my Department
to endorse commercial products.
Third Level Admissions
256. Deputy Joe McHugh asked the Minister for Education and Skills if he will address a
matter (details supplied); and if he will make a statement on the matter. [9719/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The CAO is a private (not-forprofit)
company and receives no State funding. The higher education institutions have delegated
to the CAO the task of processing centrally applications for admission to their first year
undergraduate courses. My Department has no role to play in relation to the operation of
the CAO.
It is my understanding that it is not possible for a third party to seek to make changes to
any individual’s application. However, individual applicants may change their personal information
by contacting the CAO either online or in writing. Personal changes submitted in paper
form should be sent to CAO, Tower House, Eglinton Street, Galway. Changes submitted in
paper form will be acknowledged by the CAO in the form of a Statement of Application
Record. Online changes should be made by using the ‘Contact Us’ facility on the CAO website
www.cao.ie. Changes submitted online will be acknowledged through the e-mail address supplied
by the applicant.
School Closures
257. Deputy Michael Healy-Rae asked the Minister for Education and Skills his plans to
identify schools that may be under threat following the review of schools with fewer than 50
pupils, to outline the proposed changes regarding school transport and to identify ways of
ensuring these schools will not have to close; and if he will make a statement on the matter.
[9728/11]
Minister for Education and Skills (Deputy Ruairí Quinn): As the Deputy will be aware, a
value for money review was initiated in October 2010 by the then Fianna Fáil/Green Party
government in order to establish the value for money being achieved from state funding of
small primary schools. This review is part of the normal review processes undertaken by
Departments on an annual basis on selected areas of expenditure. I have no predetermined
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Questions— 3 May 2011. Written Answers
view on the outcome of the review. Educational quality for the pupils must be one of the main
criteria in any consideration of primary school size and organisation, taking into account both
the needs of local communities and wider social and cultural factors. The review should be
completed by the end of this year and I plan to consider the review’s conclusions when it
is finalised.
The Deputy refers to the changes to the school transport scheme which were announced by
the previous Minister and are due to be implemented with effect from September next. The
changes to the school transport scheme are an entirely separate matter to the review of the
small schools and were designed in order to achieve necessary savings in school transport with
minimum impact to service beneficiaries. In considering any policy change in relation to small
schools, I am conscious that there are many issues to be taken into account. Among these
issues are the locations of small schools relative to each other and to other schools of a similar
type and the question of travel distances and transport costs. I can assure the Deputy I will be
taking all these matters into account when considering the outcome of the review.
Adult Education
258. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position
regarding funding for group tuition and adult literacy in County Kerry (details supplied); and
if he will make a statement on the matter. [9729/11]
Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): My
Department provides annual grants to Vocational Education Committees (VECs) for adult
literacy services. Budget 2011 provided for an average reduction of 5% in funding grants for
VECs, including grants for adult literacy, and the 2011 provision for adult literacy services for
County Kerry VEC (Kerry Education Service) reflects this.
The disbursement of these funds is a matter for each VEC which, subject to its budgets,
decides the nature and extent of the adult literacy services to be provided in their area. The
organisation and location of courses are also matters for decision by the VECs.
Physical Education
259. Deputy Sandra McLellan asked the Minister for Education and Skills his plans to ensure
that school children receive the recommended 120 minutes per week of physical education.
[6191/11]
Minister for Education and Skills (Deputy Ruairí Quinn): It is my belief that a well planned
Physical Education programme has a vitally important role to play in a broad and balanced
curriculum for our primary and second level students. At primary level, Physical Education is
one of seven curriculum areas within the revised Primary School Curriculum launched in 1999
and implemented on a phased basis over the period to 2008. Physical Education was
implemented in 2005/6 supported by a national programme of professional development for
teachers. The curriculum includes six broad strands featuring Athletics, Dance, Gymnastics,
Games, Outdoor and adventure activities and Aquatics, and is based on a recommended teaching
timeframe of one hour per week.
In accordance with the Rules and Programme for Secondary Schools, all second level schools
should provide Physical Education as part of the curriculum. The programme that each school
plans and delivers should be based on my Department’s approved syllabuses and the teaching
hours should be registered on the school timetable. In addition to PE, the importance of healthy
lifestyles and physical exercise is also featured as part of the Social Personal and Health Edu-
217

[Deputy Ruairí Quinn.]
Questions— 3 May 2011. Written Answers
cation Programme which is a mandatory part of the curriculum in primary schools and in
junior cycle.
Apart from the formal curricula, schools take a range of measures to encourage physical
activity among students during the school day and many provide extensive, broad-based programmes
of co-curricular physical activities that are highly rewarding for both pupils and
teachers alike. In particular, schools play a major role in nurturing and promoting the involvement
of students in sporting activities in the wider community. Sports organisations such as the
Gaelic Athletic Association, Basketball Ireland, the Football Association of Ireland provide
extensive opportunities for such participation.
The achievement of a minimum of 30 minutes dedicated physical activity per day recommended
in the Task Force on Obesity is unrealistic in the context of a number of factors:
• The length of the school day and the challenge to cover all the subjects in the curriculum
adequately. Any changes to the length of the school day would require negotiation
with the teachers’ unions allied with the commitment of significant additional resources.
• The necessity to use games/sports facilities to provide for all pupils in each school.
There are limitations to the numbers that can use some resources at any one time.
• The fact that primary school pupils have just half an hour for lunch and need to spend
at least half of that time eating a proper lunch.
It is important to realise that children spend just 20% of their waking hours at school and so
their level of physical activity during the rest of the week in just as important. Indeed, the
“State of the Nation’s Children 2010” report found that children in Ireland are doing well on
physical activity, ranking first across 40 countries in being physically active for at least 60
minutes per day on more than 4 days per week.
Private Education
260. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the extent
of the Government subsidy to private education; and if he will provide a breakdown of this
subsidy. [9897/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the
Deputy is being compiled and will be forwarded to him.
Schools Building Projects
261. Deputy Noel Grealish asked the Minister for Education and Skills the position regarding
the application under the schools building programme by a school (details supplied) in County
Galway; and if he will make a statement on the matter. [9898/11]
Minister for Education and Skills (Deputy Ruairí Quinn): The brief for the building project
to which the Deputy refers was revised in 2007 from an extension and refurbishment of existing
accommodation to one intended to provide two new schools on the existing site.
The Deputy will note that this project was not included in the 2011 school building work
programme announced earlier this year. The progression of all large scale building projects,
including this project, from initial design stage through to construction phase will continue to
be considered in the context of the Department’s multi-annual School Building and Modernisation
Programme.
218

Questions— 3 May 2011. Written Answers
Business Regulation
262. Deputy Derek Nolan asked the Minister for Enterprise, Trade and Innovation the position
regarding recent international developments in support of introducing an international
accounting standard requiring multinational companies to provide tax reports on their activities
on a country basis; if he supports such moves; and if he will make a statement on the
matter. [9211/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): Financial reporting
by multinational companies is being considered in a variety of forums including the OECD, at
EU Council and Commission levels, by the International Accounting Standards Board (IASB),
and in the US. Section 1504 of the 2010, US Dodd-Frank Act requires all extractive companies
(e.g., minerals, oil, or natural gas) listed on US stock exchanges to publish payments made to
governments on a country-by-country basis.
In the EU, the Council conclusions of 14 June 2010 encouraged the EU and its Member
States to work towards exploring country-by-country reporting as a standard for multinational
corporations, by encouraging the OECD to pursue its work on country-by-country reporting,
including as regards the OECD Guidelines for Multinational Enterprises and its Principles for
Corporate Governance. It also concluded that Member States should also support the work of
the IASB consultation on a country-by-country reporting requirement in International Financial
Reporting Standard 6 “IFRS 6” for the extractive Sector, and encourage the IASB to look
beyond the extractive sector. It is understood that the Board is still deliberating on these
matters.
Earlier this year, the European Commission conducted a public consultation on country-bycountry
reporting by EU/EEA multinational companies in relation to the disclosure of financial
information on their operations in third countries (i.e. non-EU/EEA countries). In this connection
it is interesting to note that the Commission also made a distinction between general
country-by-country reporting by multinational companies and specific transparency obligations
in respect of payments to third country governments by companies active in the extractive
industries.
My officials, in consultation, as appropriate, with colleagues from other relevant Departments,
will actively participate in any EU proposals brought forward in these areas that fall
within my Department’s remit.
Trade Relations
263. Deputy Aodhán Ó Ríordáin asked the Minister for Enterprise, Trade and Innovation
the initiatives currently being undertaken to increase Ireland’s trade with and exports to the
crucial emerging economies of Brazil, Russia, India and China; and if he will make a statement
on the matter. [9380/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The Government
is fully committed to developing and expanding engagement with the key high-potential
markets of Brazil, Russia, India and China, as these countries are very promising destinations
for the sale of Irish goods and services.
The agreed Programme for Government sets out clearly that Ireland’s economic recovery
must be export-led. That Programme commits us to achieve the maximum growth in exports,
including the long-term development of new markets. In addition, we will position Ireland to
develop better trade relationships with emerging economies and the Government has given a
commitment to progressively implement the recommendations in the strategy and action plan
219

[Deputy Richard Bruton.]
Questions— 3 May 2011. Written Answers
for Irish Trade, Tourism and Investment to 2015, entitled Trading and Investing in a Smart
Economy.
That Strategy takes a two-pronged approach, focussing on particular markets and sectors. In
terms of markets, it identifies potential to further grow our existing key markets — and, most
particularly, to increase or gain a foothold in high-growth and high-potential markets, such as
Brazil, Russia, India and China. The targets agreed by the relevant State Agencies —
Enterprise Ireland, IDA Ireland, Bord Bia, Tourism Ireland, Science Foundation Ireland —
are to be implemented through a suite of actions driven by a new Trade Council.
Key instruments to pursue trade expansion are, of course, Trade Missions and over the last
five years, Taoiseach-led Trade Missions have been organised to China and India and several
other Ministerial-led Trade Missions have taken place to China, India, Russia and Brazil. I
myself have just returned from the latest Trade Mission to India where I led 22 Enterprise
Ireland client companies on a very successful programme of events in that country.
A further indicator of commitment is the fact that the Department of Foreign Affairs has
expanded its network of Embassies and Consulates in some of those countries and Enterprise
Ireland has opened new offices to facilitate Irish companies developing export opportunities
there. In addition, Enterprise Ireland has a dedicated High Growth Markets Unit in Dublin to
provide further assistance to client companies doing business in a range of countries, including
Brazil, Russia, India and China.
All the efforts have borne considerable fruit. Between 2005 and 2010, Merchandise exports
to these countries rose by 73% and between 2004 and 2009 (latest available year) services
exports rose by 622%. A key example of this success is the fact that Ireland now has a modest
trade surplus with China, a dramatic turnaround from the position only three years ago when
we had a trade deficit of €2.9 billion with that country.
Work Permits
264. Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Innovation if
he will confirm if current residence in the State without immigration permission is an absolute
disqualification for an employment permit, green card permit, work permit, spousal or dependant
permit or intra-company transfer permit in all cases without exception; and if he will make
a statement on the matter. [9789/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): My Department
processes applications in respect of the different types of employment permits — Green Cards
Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits. All
applications are processed in line with the Employment Permits Act 2006.
Under Section 12(1)(i) of the Employment Permits Act 2006 an employment permit may
not be issued if “the foreign national concerned lands or has landed, or is or has been, in the
State without permission”. Accordingly, my Department cannot consider employment permit
applications where the person is currently in the State without immigration permission.
265. Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Innovation
the steps that were taken by him in determining that the employment offered was not an
eligible category, in line with the Employment Permits Act 2006, in respect of a person (details
supplied); and if he will make a statement on the matter. [9790/11]
266. Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Innovation if
he will direct that an employment permit be issued in respect of a person (details supplied)
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Questions— 3 May 2011. Written Answers
who has received an offer of employment in line with the Employment Permits Act 2006; and
if he will make a statement on the matter. [9791/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): I propose to take
Questions Nos. 265 and 266 together.
My Department processes applications in respect of the different types of employment permits
(Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company
Transfer Permits). All applications are processed in line with the Employment Permits Act
2006.
I wish to advise the Deputy that this particular application was refused on 15 March 2011 on
the grounds that it appeared that the proposed employee was currently resident in the State
without immigration permission. In line with Section 12(1)(i) of the Employment Permits Act
2006, employment permit applications cannot be considered for persons in the State who do
not have appropriate immigration permission.
In this instance, I am satisfied that a permit cannot be considered at this time and have
advised the applicant of this decision in writing.
Ministerial Staff
267. Deputy Brendan Smith asked the Minister for Enterprise, Trade and Innovation the
details of all permanent Civil Service or non-established positions in his Department which
consist of to assisting Ministers with constituency work; the monthly salaries for these positions;
and if any further appointments are envisaged. [9137/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The following table
outlines the detail of all permanent civil service and non-established positions which are in
place in my Department for the purpose of assisting Ministers with constituency work. The
table also includes the salary scales for each position.
Minister Numbers Grade Salary Scale (per
annum)
Richard Burton 1 Clerical Officer (Civil Servant) €23,176 — €37,341
Constituency Office 1 Personal Secretary (non-established
position) €23,820 — €45,939
Sean Sherlock 1 Clerical Officer(Civil Servant) €23,176 — €37,341
Minister of State for Research and 1 Personal Assistant (non-established
Innovation position) €43,715 — €52,925
Constituency Office 1 Personal Secretary (non-established
position) €23,820 — €45,939
John Perry 1 Personal Assistant (non-established
position) €43,715 — €52,925
Minister of State for Small Business 0.5 Personal Secretary (non-established
position) €23,820 — €45,939
Constituency Office 0.5 Personal Secretary (non-established
position) €23,820 — €45,939
No further appointments are envisaged in the immediate future.
Ministerial Appointments
268. Deputy Brendan Smith asked the Minister for Enterprise, Trade and Innovation if
221

[Deputy Brendan Smith.]
Questions— 3 May 2011. Written Answers
he will list the details of all State appointments open to direct choice by him on 10 March
2011. [9151/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): I understand that
the Deputy is seeking details of any vacancy on any State board on 10 March 2011. The position
in relation to bodies that fall under the remit of my Department is as follows:
IDA Ireland
There was one vacancy on the Board of IDA on 10 March 2011. This vacancy remains to
be filled.
National Consumer Agency
There was one vacancy on the Board of the National Consumer Agency on 10 March 2011.
Irish Auditing and Accounting Supervisory Authority (IAASA)
IAASA had 2 vacancies on its Board on 10 March 2011. Both vacancies relate to those
nominated by the nine Prescribed Accountancy Bodies as outlined in the Companies
(Auditing and Accounting) Act 2003.
NERA Advisory Board
On 10 March 2011, there were two vacancies on the Advisory Board of NERA, one for
nomination by myself and one for nomination by an Employer body.
InterTradeIreland
The Board consists of twelve members, six of which originate in the South and six from
the North. Of the six nominated by the South, ICTU and IBEC each nominate one member
to the Board, these two along with the other four are recommended by me for appointment
to the North South Ministerial Council. There were no vacancies on the Board on 10
March 2011.
There were no vacancies on 10 March 2011 for the following Boards:
Shannon Development
Health and Safety Authority
Enterprise Ireland
Crafts Council of Ireland
National Standards Authority of Ireland
Forfás
Science Foundation of Ireland
Personal Injuries Assessment Board
Labour Relations Commission
County Enterprise Boards
I do not select, nominate or appoint members to the Boards of the County and City
Enterprise Boards (CEBs).
EU Directives
269. Deputy Paschal Donohoe asked the Minister for Enterprise, Trade and Innovation if
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Questions— 3 May 2011. Written Answers
he has received advice from the Attorney General in respect of Mr. Justice Charleton’s ruling
on illegal file sharing and transposition of the EU directive on the same; and if he will make a
statement on the matter. [9280/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): My Department is
in receipt of advice from the former Attorney General in relation to the ruling by Mr. Justice
Charleton in the case referred to. In giving his advice on the issue, the Attorney General
indicated that it would be prudent to consult both with his office and with the Department of
Communications, Energy and Natural Resources with regard to any implementing measures
arising from the ruling concerned.
My Department is currently in the process of carrying out such consultations.
Job Creation
270. Deputy Michael McCarthy asked the Minister for Enterprise, Trade and Innovation the
efforts that have been undertaken by the Industrial Development Agency in west Cork over
the past few months to incentivise job creation; and if he will make a statement on the
matter. [9287/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): IDA’s strategy
document, entitled “Horizon 2020”, sets out the Agency’s targets for the period 2010 to 2014.
The investment targets set out in this strategy include the creation of 105,000 new jobs in
Ireland during that period and also includes a target of 50% of these investments to be based
in locations outside of Dublin and Cork.
The challenge in achieving an even spread of investment across the country as a whole is
intensified as the sophistication of investments increase. Competition for foreign direct investment
(FDI) comes not just from other countries, but from city regions with populations in
excess of one million people. Dublin is the only recognised city region in Ireland that meets
this criterion.
In line with the National Spatial Strategy, “Horizon 2020” places renewed emphasis on the
“Gateway” regions, which are going to be critical growth areas in the future. Successful
enterprise development and the creation of an attractive location are interdependent.
Regions/Gateways that support strong and dynamic enterprise are crucial to Ireland’s return
to balanced economic growth. There are currently 130 IDA supported enterprises in Cork City
and County employing 20,491 people.
In addition to attracting new investment to this country, IDA continues to work closely with
its existing clients to encourage the expansion of their operations. The Agency also continues
to place a strong focus on transformation within client companies, and has continued to work
with existing clients on upskilling programmes, investments in technology uplift and new process
developments, in order to deepen their commitment to Ireland. This encourages further
business in areas which are compatible with our skills base and which are sustainable within
our economy in the longer term.
In selecting locations to show companies, IDA Ireland seeks to include locations which have
been affected by closures/job losses. Typically, a company is shown three or four selected
towns, which can meet its requirements for skills, labour, site and/or buildings, infrastructure,
etc. While IDA Ireland seeks to influence the selection of location, the final decision on
location is taken in all cases by the promoting company.
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Questions— 3 May 2011. Written Answers
Work Permits
271. Deputy Anne Ferris asked the Minister for Enterprise, Trade and Innovation if his
attention has been drawn to the ongoing problems associated with the current employment
permits system, in which workers do not have the right freely to change their employers; if his
further attention has been drawn to the recently published Migrant Integration Policy Index
which ranked Ireland 28th out of 31 countries in terms of labour market mobility; if he will
consider making changes to the permits system in order that workers are granted employment
permits within a designated job category with the right to change employer; and if he will make
a statement on the matter. [9379/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): Given the huge
pressures that exist in the labour market, Irish labour market policy is keenly focused on
ensuring that general labour and skills needs are met from indigenous labour and from within
the workforce of the European Union. For strategic skills or labour shortages in designated
occupations in key economic sectors, Government policy is to issue employment permits for
the employment of non-EEA nationals for specific vacancies and in response to employer
demand. Our system is demand led and vacancy based as opposed to permit regimes that apply
a quota system.
Legislative changes introduced in the Employment Permits Act 2006, combined with the
administrative measures that my Department operates where particular difficult cases are
brought to attention, are sufficient to counter any issues that arise as a result of the restriction
on employees moving employment within the initial 12-month period.
In the Employment Permits Act 2006, workers benefited significantly in terms of securing
much greater freedom in terms of accessing the labour market. For the first time, workers were
granted autonomy and control over their own employment choices with the ability to apply
and re-apply for their own permit. The Act also allows workers to change their employer after
a period of a year and move to another employment in order to take advantage of better
conditions or career options.
Prospective employers are required to carry out a labour market needs test to justify the
issue of permits to non-EEA nationals. It would be unfair on an employer if, having invested
the time and expense involved, a new employee were to take up employment with a different
employer after a short period, perhaps in an area where no identifiable labour market shortage
has been identified.
Although employment permits are employer and location specific, it is the case that my
Department currently makes best efforts to facilitate those who encounter difficult situations
and who wish to change employers. In 2010, for instance, almost 1,200 new employment permits
were issued in respect of employees changing to new employers. These permit applications
were issued without regard to the normal requirements of advertising the position in daily
newspapers and with FÁS.
Additionally, where individual instances are brought to the Department’s attention, my
Department considers such applications sensitively on a case-by-case basis. In such cases, the
normal labour market economic needs test can be dispensed with. That gives those individuals
full and free access to all sectors of the labour market and to all employers. In 2010, a total of
92 such applications for new permits of this nature were received of which 70 were granted.
I note the Deputy’s reference to the Migrant Integration Policy Index. While the Survey’s
methodology is not explicit in the Report, I expect that Ireland’s rating in respect of labour
market mobility of migrant workers has been impacted by the severe economic downturn and
the contraction of the labour market which has affected mobility opportunities of all workers.
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Questions— 3 May 2011. Written Answers
I would not necessarily agree with some of the statements in the Report e.g the arrangements
for changing employment outlined above are not acknowledged. Similarly, there is no acknowledgement
that families of persons issued with a Green Card are entitled to immediate family
reunification and that Green Card holders may also establish a business in the State on completion
of two years legal employment.
Competition Law
272. Deputy Thomas P. Broughan asked the Minister for Enterprise, Trade and Innovation
if he will examine the dominant position of some companies in the Irish media industry, including
cross-media dominance across newspapers, radio, television and the Internet; if he will
commission a review of this phenomenon, leading to new legislation if necessary; and if he will
make a statement on the matter. [9474/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): Dominance, per se,
in any sector of the economy is not an offence under competition law. However, the Competition
Acts 2002-2010 prohibit the abuse of dominant positions in any sector of the economy.
The Competition Authority is the independent statutory body responsible for enforcing competition
law in the State and complaints of any alleged anti-competitive practice should be
referred directly to it. It is, of course, open to any aggrieved party alleging anti-competitive
practices, including abuse of a dominant position, to take a private action under Section 14 of
the Competition Act 2002.
However, in relation to the specific issue of media mergers as opposed to dominance, the
Advisory Group on Media Mergers was established in 2008 to review the current legislative
framework regarding the public interest aspects of media mergers. The Group’s report was
published in 2009, and the eleven recommendations contained therein were considered in the
context of a wider review of the operation and implementation of the Competition Act 2002.
It is my intention to bring forward legislation during the course of 2011 to reform aspects of
competition law, including implementation of the recommendations of the Advisory Group
concerning media mergers.
I should point out that responsibility for the radio and TV sectors, as well as for digital
broadcasting and communications in general, rests with my colleague the Minister for
Communications, Energy and Natural Resources. Licensing for broadcasters, through the
Broadcasting Authority of Ireland (BAI), is provided for under the Broadcasting Act, 2009.
Ensuring open and pluralistic broadcasting services, as well as the promotion of diversity in
control of the more influential commercial and community broadcasting services, are also statutory
functions of the BAI under that Act.
Programmes for Government
273. Deputy John McGuinness asked the Minister for Enterprise, Trade and Innovation the
specific proposals in the programme for Government for which he is responsible; the target
dates he has agreed for the delivery of these proposals; and if he will publish an implementation
schedule. [9583/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The Programme
for Government, Government for National Recovery 2011-2016, relates to the 5-year period
commencing on 9 March last. My initial priority is to create and maintain sustainable jobs and
employment opportunities in the economy. I have been working with my Department on
actions that can be delivered in the first 100 days of Government to support my priorities.
225

[Deputy Richard Bruton.]
Questions— 3 May 2011. Written Answers
The Government’s Jobs Initiative, which will be published shortly, will set out short-term
priority actions. This will include a number of key Programme for Government commitments,
including a number directly linked to the Department of Enterprise, Trade and Innovation.
County Enterprise Boards
274. Deputy Jim Daly asked the Minister for Enterprise, Trade and Innovation the incentive
schemes available to a person setting up a new accountancy business; and if he will make a
statement on the matter. [9605/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): My Department
through the County and City Enterprise Boards (CEBs) provide support to micro-enterprises
in the start-up and expansion phases by both financial and non-financial assistance. There are
four County and City Enterprise Boards located across the county of Cork. The remit of these
Boards as part of a nationwide Network is to promote and develop indigenous micro-enterprise
potential and stimulate entrepreneurship at local level across the country.
To be eligible for CEB grant support an enterprise must be in the commercial sphere, must
demonstrate a market for the proposed product/service, must have a capacity for growth and
new job creation and must not employ more than 10 people. CEBs can provide both financial
and non-financial assistance to a project promoter. The forms of financial assistance, which
are available, subject to certain restrictions and conditions, include Priming Grants, Business
Expansion/Development Grants, and Feasibility/Innovation Study Grants. The CEBs give
priority to enterprises in the manufacturing or internationally traded services sector and must
always give consideration to any potential for deadweight and displacement arising from a
proposed enterprise.
In addition, the CEBs deliver a wide range of non-financial supports such as Business Management,
Mentoring, E-commerce, Enterprise Education, and Women in Business Networks.
These supports are designed to improve management capability development within microenterprises
and to assist new and existing enterprises to operate effectively and efficiently so
as to last and grow. Due to the Boards’ unique relationship with their clients and the local
business community they can specifically tailor their programmes to meet the evolving needs
and requirements of these small enterprises going forward.
Due to their unique role within the community, CEBs are considered to be a first point of
contact for persons wishing to set up in business and in that regard, I would advise the promoter
to approach their relevant local CEB in the first instance to discuss what options may be
available to them and their proposed business venture. Details of the four Cork Boards are
as follows:
Cork City Enterprise Board, located at 1/2 Bruach na Laoi, Union Quay, Cork; Phone No:
021 4961828; Fax No: 021 4961869; e-mail: info@corkceb.ie; Website: www.corkceb.ie
North Cork County Enterprise Board, located at Blackwater House, Mallow Business
Park, Gouldshill, Mallow, Co. Cork; Phone No: 022 43235; e-mail: michael@nceb.ie; Website:
www.nceb.ie
South Cork County Enterprise Board, located at Unit 6a, South Ring Business Park, Kinsale
Road, Cork; Phone No: 021 4975281; Fax No: 021 4975287; e-mail: enterprise@sceb.ie;
Website: www.sceb.ie
226

Questions— 3 May 2011. Written Answers
West Cork County Enterprise Board, located at 8 Kent Street, Clonakilty, Co. Cork; Phone
No: 023 8834700; Fax No: 023 8834702; e-mail@ enterprise@wceb.ie; Website: www.wceb.ie.
Job Creation
275. Deputy Tom Fleming asked the Minister for Enterprise, Trade and Innovation his plans
for replacement jobs in an area (details supplied) in County Kerry. [9640/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The recent
announcement concerning the closure of the Aetna facility in Castleisland is disappointing for
all concerned. However, IDA Ireland and the company are working closely to construct a
“prospectus” setting out the skills and capabilities of the workforce and a profile of the facility
that IDA can then market internationally as part of their efforts to attract alternative employment
to Castleisland.
It should be remembered that Aetna will not cease operations in Castleisland until December
this year and, therefore, the current facility will be in use up to this time. The company is
currently reviewing all its options in relation to use of the premises/site from the end the year.
IDA has met with representatives of Aetna twice in the US and has on-going contact with
them in Ireland with a view to supporting and advising the workforce at this difficult time and
considering all options in relation to finding suitable alternative employment. IDA has highlighted
the skills and capabilities of the Aetna workforce to a number of relevant investors.
This exercise will intensify over the coming months and include clients of Enterprise Ireland
as well as foreign-owned companies. This will increase overall visibility of the Castleisland site
across a range of sectors and improve the prospects of finding new employment.
FÁS Employment Services Management in the South West Region will make contact with
the company and carry out an assessment of all those being made redundant. Following on
from that Enterprise Ireland’s Mid West Regional Office will offer to run Enterprise Start
programmes in cooperation with the Enterprise Board to facilitate employees.
I would like to assure the Deputy that the full resources of the State development agencies
are being used to find a replacement industry and to assist the workers who are to be made
redundant.
276. Deputy Frank Feighan asked the Minister for Enterprise, Trade and Innovation the
programme he and Enterprise Ireland have for job procurement for Boyle, County
Roscommon, in view of the fact that a factory unit lies idle and a business park project is in
place on a site procured by Roscommon County Council; and if he will make a statement on
the matter. [9677/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): Job creation is
central to our economic recovery and the Programme for Government has job creation at its
core. The role of my Department is to ensure that we have the right policies in place to support
and grow our enterprise base in order to facilitate both job creation and job retention. It is
only by creating the right environment for businesses to expand that we will see new jobs
coming on stream.
In terms of job creation, Enterprise Ireland (EI) activity is focussed on the creation of new
jobs through supporting entrepreneurs setting up new High Potential Start-Up Companies, the
retention and creation of new jobs in existing companies and enhancing the innovation capability
of Ireland at a national and regional level through support of research in companies and
Third Level institutions. At present, there are over 60 EI client companies in Co. Roscommon,
227

[Deputy Richard Bruton.]
Questions— 3 May 2011. Written Answers
employing almost 1,200 people. In 2010, the agency approved over €1.5m for client companies
in the county.
EI has approved financial support for a total of five community Enterprise Centres in Co.
Roscommon. These centres are located in Arigna, Ballaghaderreen, Boyle, Castlerea and
Roscommon Town. Boyle Chamber of Commerce has been approved funding in respect of
eligible expenditure towards the development of an enterprise centre in Boyle. I understand
that it was Boyle Chamber’s original intention to locate the centre on a site owned by
Roscommon County Council. However, I have been informed that the Chamber subsequently
developed plans to refurbish an existing building in the town as an enterprise centre, which is
part funded by EI. Roscommon County Enterprise Board (CEB) is funding the refurbishment
of this building and EI funded the purchase. This project is expected to create ten jobs.
As regards the closure of the factory in question in 2006, I understand that a new owner, who
would operate a food production facility at the site, is being sought. EI has been monitoring the
situation closely and even though this is a particularly difficult time for the food industry,
I have been informed that two of the agency’s client companies have expressed interest in
the facility.
Job creation in Roscommon is also supported by the activities of the Roscommon CEB
through a series of programmes and both financial and non-financial assistance are available
to a project promoter. In 2010, Roscommon CEB provided over €340,000 to 16 projects and
assisted more than 500 people in their training and mentoring programmes. During 2011, the
Board has continued to support enterprise development in Boyle and throughout the county
and will ensure that available funds are targeted to maximise entrepreneurial development.
In relation to potential Foreign Direct Investment (FDI) based job creation for the area,
IDA Ireland’s strategy for Roscommon is to promote the county as part of an integrated
Midlands Region. In line with the National Spatial Strategy, IDA is committed to marketing
the County town of Roscommon as a location for FDI. To this end, IDA Ireland works closely
with educational institutions in the Region, in developing the best fit between their programs
and the skill sets necessary to attract high value added employment to the county. At present
there are six IDA Ireland supported companies in Roscommon employing approximately 755
people.
Military Exports
277. Deputy Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Innovation
the value of military exports and military export licences issued in 2010. [9731/11]
278. Deputy Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Innovation
the value of dual-use exports and export licences issued by his Department in 2010. [9732/11]
279. Deputy Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Innovation
the number of military licences refused in 2010; and if he will list the companies refused and
the basis for refusal. [9733/11]
280. Deputy Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Innovation
the number of dual-use export licences refused in 2010; and if he will list the companies refused
and the basis for refusal. [9734/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): I propose to take
Questions Nos. 277 to 280, inclusive, together.
228

Questions— 3 May 2011. Written Answers
Preliminary data regarding the value and number of export licences issued in 2010, in respect
of military and dual use goods and technology is set out in the following table. Military licences
are issued for a limited 12 month period. They cover the export of specified goods or technology
to clearly identified destinations and end users. All licence applications are carefully examined
to determine what exactly is the end use. My Department consults with the Department of
Foreign Affairs in respect of each military licence application before it is issued.
Individual dual use licences are also issued for a 12 month period for exports up to a specified
amount and to a specific end-user. Global dual-use licences, which are valid for a six month
period, can be issued for dual-use goods up to a specified amount for a number of destinations
from a specific exporter.
A key part of the licensing process in relation to all types of export licence applications is to
ensure, as far as possible, that the item to be exported will be used by the stated end-user for
the stated end-use, and will not be used for an illicit purpose, e.g. for use in connection with
WMD or for use in an embargoed country. The checks and balances built into the licensing
system facilitate robust scrutiny in this regard.
The criteria taken into account when deciding whether or not to grant an individual or global
dual use licence are set out in Article 12 of Regulation 428/2009. It provides that Member
States shall take into account “all relevant considerations including”:
(a) the obligations and commitments they have each accepted as members of the relevant
international non-proliferation regimes and export control arrangements, or by ratification
of relevant international treaties;
(b) their obligations under sanctions imposed by a common position or a joint action
adopted by the Council or by a decision of the OSCE or by a binding resolution of the
Security Council of the United Nations;
(c) considerations of national foreign and security policy, including those covered by
Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing
control of exports of military technology and equipment; and
(d) considerations about intended end-use and the risk of diversion.
The Common Position referred to at point (c) above sets out common criteria against which
applications for exports of military goods should be assessed. These criteria include, inter alia,
essential and important considerations such as the impact on human rights in the country of
destination, regional peace, security and stability and the approach of the buying country to
the rule of law and terrorism.
One dual use licence application was refused in 2010. I do not propose to provide further
detail about refusals to grant export licenses due to issues of commercial confidentiality. Information
regarding the value of goods does not represent the actual value of goods exported.
Rather it represents the value of goods in respect of which an export licence was granted.
Number of licences issued in 2010 Value of licences in 2010
(€000s)
Individual dual-use licences** 715 1,279,186
Global dual-use licences** 66 174,314
Military licences 98 24,350
**For export control purposes, dual-use goods refer to products which, though manufactured for civilian use, could
also have a military application.
229

Questions— 3 May 2011. Written Answers
Employment Rights
281. Deputy Clare Daly asked the Minister for Enterprise, Trade and Innovation his views
regarding the waiting period for cases to be heard at the Employment Appeals Tribunal, which
can be more than 17 months; the steps he will take to rectify this situation; and if he will make
a statement on the matter. [9794/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The Employment
Appeals Tribunal (EAT) was originally established to adjudicate on disputes about redundancy,
however, the scope of the Tribunal was extended on several occasions since its establishment
and now deals with disputes under 18 pieces of Employment Rights legislation. Members
of the EAT panel — employee nominee Members, employer nominee Members and independent
Chair and Vice-Chairs — are appointed for fixed terms of office and their services are
utilised as required. My Department is responsible for the administration of claims referred to
the Tribunal through our provision of staffing resources, ICT facilities and accommodation for
the EAT.
The Tribunal has seen a marked increase in its caseload in recent years, as it is one of the
front-line services directly impacted upon by the significant economic downturn. Between 2007
and 2009, the number of claims coming to the Tribunal trebled, although there was a slight
(7%) decrease in new claims lodged in 2010. However, the first quarter of 2011 continues to
show a high level of claims being submitted and contested.
Tribunal Staff are conscious that parties in dispute are anxious to have claims dealt with as
early as possible and are working extremely hard to deal with the sizeable increase in claims
submitted to the EAT. In that regard, there has been a large increase in the number of claims
disposed of by the Tribunal in recent years. These efforts have resulted in a 51% increase in
cases disposed of in 2010 over 2008.
The increased number of cases referred to the EAT in recent times has, nonetheless, had a
strong impact on case processing timeframes. I am informed that the longest waiting periods
at the end of March 2011 ranged from 45 weeks to 86 weeks, although such figures can be
somewhat misleading in terms of the very different nature of claims referred to the Tribunal.
Although the Tribunal conducts hearings in about 36 locations across the State, where the
number of cases is relatively small, the Tribunal may wait until a sufficient number of cases is
on hand before hearings in certain locations can be listed so as to maximise value for money
in relation to the costs of hearings outside Tribunal HQ. Once a critical mass of cases is
assembled, 5 days of hearings in a single location can reduce the “waiting time” in the area
concerned by approximately 30 weeks.
In relation to managing its caseload and costs, I understand that the Tribunal targets areas
with the longest waiting period and highest level of claims outstanding, within the resources it
currently has available, when scheduling hearings. I can assure the Deputy that the Tribunal
has been pro-active in driving efficiencies as it addresses the significantly increasing demands
for its services at a time of significantly constrained resources. Divisions of the Tribunal are
sitting longer, listing more cases per hearing, and seeking to manage the caseload so as to
maximise efficiency. These efficiencies have resulted in improvements in the service provided
to individual applicants and respondents and have also resulted in an increase in the Tribunal’s
output. In this connection, over 6,000 claims were processed between January and end-
December 2010 — the highest number on record.
The Tribunal is also piloting the streaming of certain types of cases in particular, in order to
increase the number of cases being dealt with and assist parties in these instances. The Tribunal
is also in the processing of developing a “fillable” electronic form, which will facilitate the more
230

Questions— 3 May 2011. Written Answers
expeditious processing of a claim form once lodged. Furthermore, the Tribunal is piloting a
specialist Division to hear claims submitted in relation to redundancy payments which are
significant in number and where determinations by the EAT are necessary.
Most recently, my Department has supported the Tribunal in processing its increased caseload
through the assigning of additional Tribunal Secretaries and support from the National
Employment Rights Authority of the Department in managing the administration of case logging
and document preparation. Such cross-unit support has been a vital support to the Tribunal
in tackling its caseload.
All of these measures are being taken against the backdrop of severe resource constraints
— both monetary and staffing — and I can assure the Deputy that my Department will keep the
workload challenges for the Tribunal under review with a view to assisting it further improve its
levels of customer service.
Departmental Bodies
282. Deputy Willie O’Dea asked the Minister for Enterprise, Trade and Innovation the total
amount of funding the Industrial Development Agency, Enterprise Ireland and the county
enterprise boards received in the years 2010 and 2011. [9811/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The total amount
of Exchequer funding received by the agencies in question is set out in the following table.
2010 2011
€m €m
IDA Ireland 130.7 124.557
Enterprise Ireland (incl Temporary Employment Subsidy 389.333 308.732
Scheme)*
County Enterprise Boards 31.610 27.242
*Enterprise Ireland’s 2010 budget included a once-off allocation of €93.353 million for the Temporary Employment
Subsidy Scheme. The 2011 allocation for this scheme was €4.25 million.
283. Deputy Willie O’Dea asked the Minister for Enterprise, Trade and Innovation the total
funding Science Foundation Ireland received in each of the years 2007, 2008, 2009 and
2010. [9812/11]
Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The total amount
of Exchequer funding received by Science Foundation Ireland from 2007-2010 is set out in the
following table.
Year
Amount
€m
2007 164.066
2008 168.193
2009 180.270*
2010 158.705
*The 2009 allocation included a once off payment of €5.612m for the Charles Parsons Energy Research Awards.
284. Deputy Finian McGrath asked the Minister for Social Protection the reason funding
was cut in respect of an organisation (details supplied). [9111/11]
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Questions— 3 May 2011. Written Answers
Minister for Social Protection (Deputy Joan Burton): FÁS Employment Services provides a
range of services and supports to all jobseekers who can register at one of the 63 local FÁS
Employment Service Offices nationwide for on-site career guidance and job placement services.
FÁS contracts for the delivery of the Local Employment Service (LES) with Partnership Companies
in 24 designated disadvantaged areas.
I am advised that staffing cuts in the Northside Partnership LESN did not occur as a result
of FÁS budgetary actions, and that the loss of the clerical staff member of the Northside Centre
for the Unemployed was a result of the restructuring arrangements made by the Northside
Partnership.
Social Welfare Code
285. Deputy Catherine Byrne asked the Minister for Social Protection if she will provide the
rules governing the back to education allowance, with particular reference to advancement
from one FETAC level to another; if there are any exceptions to these rules; and if she will
make a statement on the matter. [9208/11]
Minister for Social Protection (Deputy Joan Burton): The back to education allowance
(BTEA) scheme is a second chance education opportunities scheme designed to remove the
barriers to participation in second and third level education by enabling eligible people on
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. It is a non-statutory
scheme with administrative operational guidelines. A person wishing to pursue BTEA will have
to satisfy a number of conditions such as being 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 among others.
Progression has always been a fundamental condition of BTEA. State support for education
purposes is grounded on a student progressing from one qualification level to a higher one.
This is necessary to ensure displacement does not occur, in that courses could be offered to
students who are not progressing at the cost of students progressing from a lower education
level.
Social Welfare Benefits
286. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection when a rent
supplement application in respect of a person (details supplied) in Dublin 15 will be dealt with,
and if same will be expedited. [9497/11]
Minister for Social Protection (Deputy Joan Burton): The person concerned is currently in
receipt of rent supplement of €389.80 per month. However, the Health Service Executive has
advised that it understands the person in question is in the process of moving house. The HSE
has advised the person concerned to make an application for rent supplement in respect of the
new tenancy and a decision will then be made on this application.
287. Deputy Michael McGrath asked the Minister for Social Protection the reason a person
(details supplied) in County Cork was refused mortgage interest supplement; and if she will
make a statement on the matter. [9637/11]
Minister for Social Protection (Deputy Joan Burton): In the time frame available, I regret
that the Department is not in a position to reply to this question. The Department will be in
contact with the Deputy over the coming days and will reply in full to the question raised.
232

Questions— 3 May 2011. Written Answers
Community Development
288. Deputy Brendan Griffin asked the Minister for Social Protection her plans for community
employment schemes andΛrural social schemes; if she envisages a role for local authorities
in the delivery of such schemes in the future; if she will protect relatedΛsocial services
such as child care, care of the elderly, meals on wheels and so on; and if she will make a
statement on the matter. [9801/11]
Minister for Social Protection (Deputy Joan Burton): The community employment programme
and the rural social scheme make important contributions to the delivery of local
services to communities across the country and provide significant employment and training
opportunities for those engaged. I do not envisage any change to either initiative that would
impact on the nature or range of services delivered. Each initiative provides opportunities for
innovation in the way services and resources are deployed locally.
As the Deputy will be aware, our Programme for Government contains a commitment to
reform local government including consideration of moving many of the functions currently
being performed by agencies —such as community employment and enterprise supports —back
to local government and any future consideration of such schemes will have regard to that
commitment.
Social Welfare Benefits
289. Deputy Timmy Dooley asked the Minister for Social Protection the reason a person
(details supplied) in County Clare has had their rent allowance reduced, and if she will reverse
the decision. [9038/11]
Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has
advised that the persons concerned recently had their entitlement to rent supplement reviewed
and that they are in receipt of the maximum amount of rent supplement payable based on the
household income from disability allowance and illness benefit.
Health Service Allowances
290. Deputy Catherine Byrne asked the Minister for Social Protection the current relationship
she has with the community welfare service; the services and payments that community
welfare officers are responsible for administering; and if she will make a statement on the
matter. [9063/11]
Minister for Social Protection (Deputy Joan Burton): The supplementary welfare allowance
scheme is administered by the Community Welfare Service (CWS) division of the Health
Service Executive on behalf of the Minister for Social Protection in accordance with guidelines
issued by this Department. Neither the Minister nor the Department has a function in deciding
entitlement in individual cases. The CWS also administer and various payments to asylum
seekers on behalf of the Department. In addition some community welfare officers carry out a
range of functions on behalf of the HSE.
The staff of the Community Welfare Service (CWS) were transferred to the Department of
Social Protection (DSP) with effect from 1 January 2011 on a secondment basis. The period of
secondment is to last for 9 months until the end of September 2011. From 1 October 2011 it is
intended that the staff of the CWS will be transferred to the Department as civil servants.
Question No. 291 withdrawn.
233

Questions— 3 May 2011. Written Answers
Social Welfare Appeals
292. Deputy Bernard J. Durkan asked the Minister for Social Protection when the file on
the application for carer’s allowance in the case of a person (details supplied) in County Kildare
was referred to the appeals officer; if the date for an oral hearing is likely to be set in the near
future; and if she will make a statement on the matter. [9076/11]
Minister for Social Protection (Deputy Joan Burton): 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. The person concerned will be informed when
arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Question No. 293 withdrawn.
294. Deputy Martin Heydon asked the Minister for Social Protection the position regarding
an appeal for domiciliary care allowance in respect of a person (details supplied) in County
Kildare; and if she will make a statement on the matter. [9097/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has
advised me that an appeal by the person concerned was registered in that office on 13th April
2011. It is a statutory requirement of the appeals process that the relevant Departmental papers
and comments by the Social Welfare Services on the grounds of appeal be sought. When
received, the appeal in question will be referred to an Appeals Officer for consideration.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Social Welfare Benefits
295. Deputy Brendan Ryan asked the Minister for Social Protection the reason an application
for mortgage interest supplement was suspended in respect of a person (details supplied) in
County Dublin; if this decision will be reviewed with a view to reinstating the payment; and if
she will make a statement on the matter. [9109/11]
Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has
advised that payment of mortgage interest supplement ceased as the person concerned is in
full-time education.
PPS Numbers
296. Deputy Joe Costello asked the Minister for Social Protection if she will endeavour to
locate a PPS number in respect of a person (details supplied) in Dublin 11; and if she will make
a statement on the matter. [9116/11]
Minister for Social Protection (Deputy Joan Burton): The details which the Deputy has
supplied are not sufficient to identify the person concerned. I have made arrangements to
contact the person to obtain the necessary details and to re-issue the PPS number, if it can be
located, or to issue a new PPS number if necessary.
234

Questions— 3 May 2011. Written Answers
Ministerial Staff
297. Deputy Brendan Smith asked the Minister for Social Protection the detail of all permanent
Civil Service or non-established positions in place in her Department in respect of assisting
Ministers with constituency work; the monthly salaries for these positions; and whether any
further appointments are envisaged. [9143/11]
Minister for Social Protection (Deputy Joan Burton): The position regarding the staffing of
my Constituency Office is as outlined below:
Grade
Monthly Salary Scale
1EO €2,543 — €3,998
1CO €1,931 — €3,112
1 Personal Assistant €3,643 — €4,672
1 Personal Secretary €1,985 — €3,978
There are no plans to make any further appointments to my constituency office.
Ministerial Appointments
298. Deputy Brendan Smith asked the Minister for Social Protection if she will list the details
of all State appointments open to direct choice by her on 10 March 2011. [9157/11]
Minister for Social Protection (Deputy Joan Burton): The three statutory bodies operating
under the aegis of the Department are the Pensions Board, the Social Welfare Tribunal and
the Citizens Information Board.
In addition, the Pensions Ombudsman comes under the remit of the Department. Procedures
with regard to appointments are as follows:
The Pensions Board
Appointments to the Pensions Board are prescribed under the Pensions Act, 1990 (as
amended). The Board, appointed for a term of five years, consists of a Chairman, to be
directly appointed by the Minister for Social Protection and 16 ordinary members, who shall
be appointed to the Board by the Minister as follows:
— two shall be representative of trade union members of whom one shall be a trustee
of an occupational pension scheme,
— two shall be representative of employers’ members of whom one shall be a trustee
of an occupational scheme,
— two shall be representative of occupational pension schemes,
— one shall be a representative of the actuarial profession,
— one shall be a representative of the accounting profession,
— one shall be a representative of the legal profession,
— one shall be a representative of consumer interests,
— one shall be a representative of pensioner interests,
— one shall be a representative of the Minister for Finance, and
235

[Deputy Joan Burton.]
Questions— 3 May 2011. Written Answers
— one shall be a representative of the Minister.
The remaining three appointments are selected by the Minister for Social Protection. There
is currently one vacancy on the Pensions Board and this vacancy will be filled in line with
the legislative provisions.
The Social Welfare Tribunal
The Social Welfare Tribunal consists of a Chairperson and four ordinary members, two on
the nomination of ICTU and two nominated by IBEC. The chairperson is nominated by the
Department and requires a person with a judicial background or experience of administrative
tribunals and knowledge of industrial relations.
All members are formally appointed by the Minister for Social Protection.
Citizens Information Board
The Citizens Information Board (formally Comhairle) was established in 2000. The
appointments to the Board are set out in The Comhairle Act, 2000, as amended by the
Citizens Information Act, 2007 and are set out hereunder.
The Board shall consist of 15 members, one of whom the Minister shall designate as a
chairperson. The ordinary members of the Board shall include:
(a) one officer of the Minister,
(b) three members who represent persons with a disability,
(c) one member who shall be elected by the staff of the agency.
In making appointments to the Board the Minister shall have regard to the objective of there
being not less than six members who are women and not less than six members who are men.
Office of the Pensions Ombudsman
The Pension (Amendment) Act 2002 provides for the direct appointment of the Pensions
Ombudsman by the Minister for Social Protection. This office does not have a Board.
Social Welfare Appeals
299. Deputy John McGuinness asked the Minister for Social Protection if assistance towards
payment of mortgage will be approved in the case of a person (details supplied) in County
Kilkenny; and if she will expedite a positive response. [9165/11]
Minister for Social Protection (Deputy Joan Burton): The HSE has advised that it awarded
a mortgage interest supplement of €182 per week to the person concerned, on an exceptional
basis for a period of 12 months from January 2010 and that payment of the supplement has
now ceased.
The HSE has further advised that the person concerned appealed this decision to the HSE’s
designated Appeals Officer on 13th April 2011. A decision on the matter will be made on the
matter in due course.
236

Questions— 3 May 2011. Written Answers
Social Welfare Benefits
300. Deputy Michael McGrath asked the Minister for Social Protection if she will provide a
revised assessment for jobseeker’s allowance for a person currently on the back to work
enterprise allowance for the self-employed (details supplied). [9166/11]
Minister for Social Protection (Deputy Joan Burton): The Department operates a range of
employment support measures designed to encourage and support social welfare recipients of
working age to reduce their dependency on welfare payments. The back to work enterprise
allowance (BTWEA) is designed to provide a monetary incentive for people who are long term
dependent on social welfare payments to make self employment financially attractive and
viable. Participants are allowed retain a reducing proportion of their qualifying social welfare
payment (100% in year 1 and 75% in year 2) and may retain secondary benefits over two years.
Payment under the scheme is at the same rate as the primary social welfare payment that
qualified the person for the BTWEA at the date of commencement of self employment. Means
are not reviewed during the duration of the claim.
It may be the case, though they continue to be self-employed, the earnings from the business
has reduced to a point where it no longer provides a person with a sufficient income and they
may be financially better off to claim jobseeker’s allowance. A person does not need to close
their business or stop working as self-employed to receive jobseeker’s allowance as it is payable
if the customer satisfies all the conditions including the means test.
The earnings from the business will be assessed in the means test for jobseeker’s allowance.
The assessment must reflect the income a person may reasonably be expected to get from the
business over the next 12 months. Income for the last 12 months will be taken as a guide but
allowing for any factors which it is known may vary.
The BTWEA conditions will continue to be monitored in the context of the objectives of
the scheme and changing economic circumstances.
Social Welfare Appeals
301. Deputy Ciarán Lynch asked the Minister for Social Protection when a decision will issue
on an appeal for disability allowance in respect of a person (details supplied) in County Cork;
and if she will make a statement on the matter. [9182/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has
advised me that an appeal by the person concerned was registered in that office on 11th April
2011. It is a statutory requirement of the appeals process that the relevant Departmental papers
and comments by the Social Welfare Services on the grounds of appeal be sought. When
received, the appeal in question will be referred to an Appeals Officer for consideration.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Employment Support Services
302. Deputy Frank Feighan asked the Minister for Social Protection the reason she is committed
to employment schemes that only allow persons who are in receipt of social welfare
payments to participate; if she will open up any schemes or programmes being put forward by
the Government to be available to all persons who are unemployed and not to discriminate
against those who do not receive a State payment, many of whom possess excellent untapped
237

[Deputy Frank Feighan.]
Questions— 3 May 2011. Written Answers
skills and experience which may otherwise be lost; and if the present position is at variance
with European law. [9194/11]
Minister for Social Protection (Deputy Joan Burton): The Department operates a range of
employment support measures designed to encourage and support social welfare recipients of
working age to reduce their dependency on welfare payments. In the main, to qualify for
participation on these schemes an applicant must, inter alia, be in receipt of a relevant social
welfare payment for a minimum specified period. In general, activation policies operate under
the principles adopted in the National Employment Action Programme (NEAP) introduced in
response to the European Employment Strategy. The focus of the NEAP is on engagement
with those on the Live Register in order to provide a pathway to appropriate employment,
training and education so that they can avail of employment opportunities as the economy
improves. The requirement to be in receipt of a relevant social welfare payment for a minimum
period has always been a feature of the employment support schemes and this is considered
necessary to ensure that limited resources are directed at those most in need. There are schemes
such as the Back to Education Allowance scheme which is available to persons signing on the
Live Register for PRSI credits which entitles them to the cost of education allowance of €500.
The Deputy may also wish to note that persons who are unemployed, redundant or who
have left full-time education and are preparing to enter/re-enter the labour market are eligible
to participate on FÁS training programmes.
The EU regulations on social security apply to benefits covering particular contingencies such
as unemployment and illness. They are designed to ensure that people are not disadvantaged by
a decision to move residence or stay temporarily in another Member state in terms of losing
social security rights. However, this EU legislation does not override the social security systems
of the Member states, it merely co-ordinates these. The Department’s operation of employment
schemes is in line with EU law.
The operation of my Department’s employment support measures, in the context of current
labour market conditions, is continually monitored to ensure that it continues to support those
people who are the most distant from the labour market and whose needs are greatest.
Social Welfare Appeals
303. Deputy Jim Daly asked the Minister for Social Protection the reason a person (details
supplied) was refused domiciliary care allowance; and if she will make a statement on the
matter. [9199/11]
Minister for Social Protection (Deputy Joan Burton): An application for domiciliary care
allowance was received on the 10th November 2009. This application was referred to one of
the Department’s Medical Assessors who found that the child in question was not medically
eligible for the allowance. A letter issued on the 14th December 2009 where the customer was
advised of the decision. The customer subsequently lodged an appeal against this decision and
she was informed by the Social Welfare Appeals Office on the 10th December 2010 that the
appeal had not been allowed.
The decision/appeal process for this application is now complete. All the information available
at that time was provided to the appeals officer before the appeal was considered.
Social Welfare Benefits
304. Deputy Brendan Ryan asked the Minister for Social Protection when rent supplement
238

Questions— 3 May 2011. Written Answers
will issue in respect of a person (details supplied) in County Dublin; if this matter will be
expedited; and if she will make a statement on the matter. [9207/11]
Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has
advised that it has requested the person concerned to provide further information in order to
process her application for rent supplement. A decision will be made on her application when
the requested information has been provided.
Social Welfare Appeals
305. Deputy Michael McGrath asked the Minister for Social Protection the length of time it
is currently taking to adjudicate on domiciliary care allowance appeals. [9234/11]
Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare
Appeals Office that the average waiting time for a domiciliary care allowance appeal dealt with
by way of a summary decision in 2010 was 26.8 weeks, while the average time to process an
oral hearing was 49.1 weeks. These processing times are calculated from the registration date
of the appeal to the date of its finalisation. These 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. As can be
seen from the figures, a considerable period of time is added to the process when an oral
hearing is required because of the logistics involved in this process. In order to be fair to all
appellants, these appeals are dealt with in strict chronological order.
There has been a very significant increase in the number of appeals received by the Social
Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose
to 32,432.
In the context of dealing with the considerable number of appeals now on hands, the Department
has made a further 9 additional appointments to the office in recent weeks.
I am assured by the Chief Appeals Officer that she is keeping current processes under continuous
review with a view to achieving a more effective throughput of appeals, while ensuring
that any progress does not conflict with due process in terms of the rights of appellants and
adherence to the requirements of natural justice.
306. Deputy Michael McGrath asked the Minister for Social Protection the position regarding
a domiciliary care allowance appeal in respect of a person (details supplied) in County
Cork. [9236/11]
Minister for Social Protection (Deputy Joan Burton): 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. The person concerned will be informed when
arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Community Employment Schemes
307. Deputy Billy Timmins asked the Minister for Social Protection the position regarding
payment in a community employment scheme in respect of a person (details supplied) in
County Wicklow; and if she will make a statement on the matter. [9261/11]
239

Questions— 3 May 2011. Written Answers
333. Deputy Michael McGrath asked the Minister for Social Protection if a person (details
supplied) in County Cork meets the qualifying criteria for a place on a community employment
scheme or the Tús scheme. [9710/11]
Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 307
and 333 together.
As Minister for Social Protection I do not have a role in the administration of individual cases
in regard to the operation of the Community Employment programme. The administration of
individual cases under Community Employment is a day-to-day matter for FÁS as part of its
responsibility under the Labour Services Act 1987 as amended by Part 3 of the Social Welfare
(Miscellaneous Provisions) Act 2010.
The qualifying criteria for participation on Tús requires that an individual be continuously
unemployed for at least 12 months and “signing on” on a full-time basis; and
• Be in receipt of a jobseeker’s payment (jobseeker’s benefit or jobseeker’s allowance)
from the Department for at least 12 months;
and
• Be currently in receipt of jobseeker’s allowance.
Unemployed people who are eligible for participation on Tús will be identified and contacted
by their local social welfare office and offered the opportunity to participate. As there are
limited places available, not all eligible unemployed people who meet the above criteria will
be contacted.
Social Welfare Appeals
308. Deputy Barry Cowen asked the Minister for Social Protection when a person (details
supplied) in County Offaly may expect to be called for an oral hearing. [9268/11]
Minister for Social Protection (Deputy Joan Burton): 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. The person concerned will be informed when
arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Question No. 309 withdrawn.
310. Deputy Barry Cowen asked the Minister for Social Protection when a person (details
supplied) in County Offaly may expect to be called for an oral hearing. [9270/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has
advised me that an appeal by the person concerned was registered in that office on 05
November 2010. It is a statutory requirement of the appeals process that the relevant Departmental
papers and comments by or on behalf of the Deciding Officer on the grounds of appeal
be sought. These papers were received in the Social Welfare Appeals Office on 02 March 2011
and the appeal will be referred to an Appeals Officer, in due course, who will decide whether
the case can be decided on a summary basis or whether to list it for oral hearing.
240

Questions— 3 May 2011. Written Answers
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.
311. Deputy Barry Cowen asked the Minister for Social Protection when a person (details
supplied) in County Offaly may expect to be called for an oral hearing. [9271/11]
Minister for Social Protection (Deputy Joan Burton): 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. The person concerned will be informed when
arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Question No. 312 withdrawn.
313. Deputy John McGuinness asked the Minister for Social Protection when a decision will
be made in respect of a person (details supplied) in County Kilkenny and if she will expedite
a response [9309/11]
Minister for Social Protection (Deputy Joan Burton): 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. The person concerned will be informed when
arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
314. Deputy Nicky McFadden asked the Minister for Social Protection when the oral hearing
for a pension appeal in respect of a person (details supplied) in County Westmeath will take
place and the reason it takes up to 14 months for an appeal to be heard. [9320/11]
Minister for Social Protection (Deputy Joan Burton): 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. The person concerned will be informed when
arrangements have been made.
There was a 46% increase in the number of appeals received by the Social Welfare Appeals
Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers
received in 2007. There was an increase of a further 25% in the number of appeals received in
2010. These increases have caused delays in the processing of appeals. In order to be fair to all
appellants, oral hearings are arranged in strict chronological order.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Departmental Staff
315. Deputy Pearse Doherty asked the Minister for Social Protection the frequency with
which she updates the transfers lists of those who have applied for transfers to other social
protection offices; the frequency with which she updates the transfers lists of those who have
241

[Deputy Pearse Doherty.]
Questions— 3 May 2011. Written Answers
applied for transfers to social protection offices in Donegal town; how often she contacts the
applicants on the transfer lists to review their status; and if she will make a statement on the
matter. [9344/11]
Minister for Social Protection (Deputy Joan Burton): The names of those seeking to transfer
to various offices in my Department, including that in Donegal Town, are recorded on the
relevant transfer list. They are added to when a member of staff applies for a transfer.
The transfer lists are only referenced when a vacancy, fillable by transfer, arises. The person
placed highest on the list, who is deemed suitable for transfer, is contacted to confirm his/her
continued interest in the particular location. If the person confirms his/her interest and the
transfer goes ahead, no other people on the list are contacted until such time as a further
fillable vacancy arises.
Community Development
316. Deputy Terence Flanagan asked the Minister for Social Protection if she will respond
to a matter regarding grants (details supplied); and if she will make a statement on the
matter. [9358/11]
Minister for Social Protection (Deputy Joan Burton): Up to the end of 2009, the community
services programme provided a non-wage grant to contract holders. Due to the worsening
public finances, this non-wage grant was discontinued to ensure that available resources were
used to maintain and add to the number of persons supported in employment by the programme.
A review mechanism was provided that afforded each contract holder the opportunity
to seek additional short-term financial support where the discontinuation of the non-wage
grant caused financial hardship or where additional resources allowed for the development of
alternative income streams.
The company in question sought a review and was awarded an operation support grant of
€40,000 for 2010. No commitments were made in respect of future years by the Department or
Pobal, which administers the programme on the Department’s behalf. The company will be
afforded an opportunity to revise and update its business plan on which the level of grant
assistance is determined and arrangements in this respect have been put in place for this to be
done during the next month. Officials will contact the company to outline the process in the
coming days. A determination will be made within the resource available to the programme
in 2011.
Social Welfare Benefits
317. Deputy Simon Harris asked the Minister for Social Protection if a person (details
supplied) in County Wicklow is eligible for rent allowance; and if she will make a statement
on the matter. [9378/11]
Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has
advised that it received an application for rent supplement from the person concerned in
February 2010. The HSE further advised that it requested the person concerned to provide
further information in order to process his application for rent supplement. A decision will be
made on his application when the requested information has been provided.
318. Deputy James Bannon asked the Minister for Social Protection the position regarding
an application for disability benefit or allowance in respect of a person (details supplied) in
County Longford; and if she will make a statement on the matter. [9395/11]
242

Questions— 3 May 2011. Written Answers
Minister for Social Protection (Deputy Joan Burton): The person concerned applied for
disability allowance on 11 October 2010. In order to determine his weekly means, his file was
forwarded to his local social welfare inspector. A final decision on his entitlement to disability
allowance will be given on receipt of the social welfare inspector’s report. The customer will
be notified directly of the outcome.
As regards the processing of disability allowance claims, the processing time for individual
claims may vary in accordance with their relative complexity in terms of the three main criteria
which a claimant must fulfil in order to qualify. Certain claims have to be referred to social
welfare inspectors for means investigation and this can add to the overall processing times. In
addition, factors outside the Department’s control can have an impact, for example, the supply
of relevant information by the customer, employers or other third parties.
319. Deputy Jim Daly asked the Minister for Social Protection the position regarding an
application for domiciliary care allowance in respect of a person (details supplied); and if she
will make a statement on the matter. [9398/11]
Minister for Social Protection (Deputy Joan Burton): No application for domiciliary care
allowance has been received from the person in question. If an application is received it will
be referred to one of the Department’s Medical Assessors for a medical opinion and a letter
will issue advising of the decision.
320. Deputy Patrick O’Donovan asked the Minister for Social Protection if a person (details
supplied) in County Limerick will qualify for assistance to enable him to return to full-time
education. [9427/11]
Minister for Social Protection (Deputy Joan Burton): The person concerned has not made
an application to Back to Education Allowance and therefore entitlement can not be determined.
If he wishes to make an application he may do so by calling to his Local Social Welfare
Office to complete the necessary forms and a decision will be given on any application made
as soon as possible.
Social Welfare Appeals
321. Deputy Sean Fleming asked the Minister for Social Protection when a domiciliary care
allowance will be granted in respect of a person (details supplied) in County Kilkenny; and if
she will make a statement on the matter. [9476/11]
Minister for Social Protection (Deputy Joan Burton): An application for domiciliary care
allowance was received on the 11th June 2010. This application was referred to one of the
Department’s Medical Assessors who found that the child was not medically eligible for the
allowance. A letter issued on the 12th August 2010 where the customer was advised of the
decision. The person concerned subsequently lodged an appeal against this decision and she
was informed by the Social Welfare Appeals Office on the 11th February 2011 that the appeal
had not been allowed.
The decision/appeal process for this application is now complete. All the information available
at that time was provided to the appeals officer before the appeal was considered.
322. Deputy Billy Timmins asked the Minister for Social Protection the position regarding a
non-contributory pension in respect of a person (details supplied) in County Wicklow; if this
will be dealt with as a matter of urgency; and if she will make a statement on the matter.
[9503/11]
243

Questions— 3 May 2011. Written Answers
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has
advised me that, following receipt of the relevant Departmental papers including comments on
the grounds of appeal, the appeal from the person concerned was referred to an Appeals
Officer for consideration. The Appeals Officer has referred the case to the Deciding Officer
for clarification on certain matters. Every effort will be made to have this appeal dealt with as
quickly as possible.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Social Welfare Benefits
323. Deputy Sean Fleming asked the Minister for Social Protection when domiciliary care
allowance will be granted to a person (details supplied) in County Carlow; and if she will make
a statement on the matter. [9519/11]
Minister for Social Protection (Deputy Joan Burton): The application from the person concerned
has been found eligible for domiciliary care allowance following a review. A letter
issued on the 28th April 2011 advising her of this decision.
Social Welfare Appeals
324. Deputy Joe Costello asked the Minister for Social Protection if she will reconsider the
decision to refuse the carer’s allowance to a person (details supplied) in Dublin 7; and if she
will make a statement on the matter. [9543/11]
Minister for Social Protection (Deputy Joan Burton): 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. The person concerned will be informed when
arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
325. Deputy Tom Hayes asked the Minister for Social Protection when a decision on a carer’s
allowance appeal will issue to a person (details supplied) in County Tipperary; and if she will
make a statement on the matter. [9557/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has
advised me that an appeal by the person concerned was registered in that office on 30th
November 2010. It is a statutory requirement of the appeals process that the relevant Departmental
papers and comments by or on behalf of the Deciding Officer on the grounds of appeal
be sought. These papers were received in the Social Welfare Appeals Office on 24th March
2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide
whether the case can be decided on a summary basis or whether to list it for oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
326. Deputy Joe Costello asked the Minister for Social Protection if she will review the
decision to refuse disability benefit in respect of a person (details supplied) in Dublin 7; and if
she will make a statement on the matter. [9574/11]
244

Questions— 3 May 2011. Written Answers
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has
advised me that the disability allowance claim of the person concerned was disallowed following
an assessment by a Medical Assessor who expressed the opinion that she was medically unsuitable
for the allowance. An appeal was registered on 26th March 2011 and in accordance with
the statutory procedures the relevant department papers and the comments of the Social Welfare
services on the matter raised in the appeal have been sought. In that context, an assessment
by another Medical Assessor will be carried out.
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.
Programmes for Government
327. Deputy John McGuinness asked the Minister for Social Protection the specific proposals
in the programme for Government for which she is responsible; the target dates which she has
agreed in respect of the delivery of these proposals; and if she will publish an implementation
schedule. [9589/11]
Minister for Social Protection (Deputy Joan Burton): The Programme for Government contains
a wide range of commitments relevant in full or part to my Department as set out below.
These commitments are challenging in the current environment and will be examined further
following the announcement of the forthcoming Jobs Initiative. Any changes to the schemes
and services arising from these commitments will have to be introduced over forthcoming
Budgets and having regard to the availability of resources.
• Halve the lower 8.5% rate of PRSI up to end 2013 on jobs paying up to €356 per week;
• Provide resources for additional places in training, work experience and educational
opportunities for those who are out of work;
• Expand eligibility for the back to education allowance.
• The development of a new graduate and apprentice internship scheme, work placement
programmes and further education opportunities for our young unemployed providing
an additional 60,000 places across a range of schemes and initiatives.
• Provision of a range of initiatives to increase access to further higher level education
for the unemployed.
• Replacing FÁS with a new National Employment and Entitlements Service so that all
employment and benefit support services will be integrated in a single delivery unit
managed by the Department of Social Protection.
• Maintaining the standard 10.75% rate of employers PRSI.
• Introduce a range of measures to tackle the problem of welfare fraud.
• Establish a Tax and Social Welfare Commission to examine entitlements of self
employed and the elimination of disincentives to employment, including the interaction
between the taxation and the welfare systems to ensure that work is worthwhile. In
particular, it will examine family and child income supports, and a means by which selfemployed
people can be insured against unemployment and sickness.
245

[Deputy Joan Burton.]
Questions— 3 May 2011. Written Answers
• Convert the Money Advice and Budgeting Service into a strengthened Personal Debt
Management Agency with strong legal powers.
• Maintain social welfare rates.
• Make greater use of Mortgage Interest Supplement to support families who cannot
meet their mortgage payments.
• Progressively reduce reliance on Rent Supplement, with eligible recipients moving to
the Rental Accommodation Scheme.
• Amend the 30 hour rule for Rent Supplement and Mortgage Interest Supplement for
people moving from welfare to work.
• Review the operation of the Rent Supplement Scheme and introduce a code of conduct
for rent supplement eligibility similar to that which operates for local authority
tenants.
• Pay rent supplement to tax-compliant landlords registered with the PRTB and offering
decent quality accommodation, to root out fraud.
• Over time, One Parent Family Payment will be replaced with a parental allowance
that does not discourage marriage, cohabitation or work.
• Divert staff from elsewhere in public service to clear the social welfare appeals backlog,
and introduce a consolidated appeals process.
• Put the household benefits packages out to tender, so that the Exchequer benefits
from reduced prices.
• Complete and implement the National Positive Ageing Strategy so that older people
are recognised, supported and enabled to live independent full lives.
• Reform the pension system to progressively achieve universal coverage, with particular
focus on lower-paid workers, to achieve better risk sharing, and to provide for greater
flexibility for those who wish to retire on a phased basis.
Social Welfare Benefits
328. Deputy Jim Daly asked the Minister for Social Protection if it is possible for a person
in financial difficulty living in rented accommodation to apply for rent allowance although that
person is not on a local authority housing waiting list; and if she will make a statement on the
matter. [9602/11]
334. Deputy Michael McGrath asked the Minister for Social Protection if it is a requirement
for eligibility to rent supplement that the applicant must be renting privately for six months or
is it sufficient that the person has been assessed by the local authority in the past 12 months as
being eligible for and in need of housing. [9760/11]
Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 328
and 334 together.
In order to qualify for rent supplement a person must have been residing in private rented
accommodation or accommodation for homeless persons or an institution (or any combination
246

Questions— 3 May 2011. Written Answers
of these) for a period of 183 days within the preceding 12 months of the date of claim for rent
supplement. A person may also qualify for rent supplement where an assessment of housing
need has been carried out within the 12 months preceding the date of claim and the person is
deemed by the relevant local authority to be eligible for and in need of social housing support.
In all other cases, a person who wishes to apply for rent supplement is referred, in the first
instance, for an assessment of eligibility for social housing support by the local housing authority
in the area where claim to rent supplement is made (and the person intends to reside).
When a person has been assessed as being eligible for and in need of social housing support,
the person then becomes eligible for consideration for rent supplement.
329. Deputy Jim Daly asked the Minister for Social Protection the reason a person (details
supplied) did not qualify for rent allowance despite being on the local authority housing list
and being only in receipt of jobseeker’s allowance; and if she will make a statement on the
matter. [9603/11]
Minister for Social Protection (Deputy Joan Burton): In the timeframe available, I regret
that the Department is not in a position to reply to this question. The Department will be in
contact with the Deputy over the coming days and will reply in full to the question raised.
Social Welfare Appeals
330. Deputy Michael McGrath asked the Minister for Social Protection the position regarding
jobseeker’s allowance appeal in respect of a person (details supplied) in County Cork.
[9607/11]
Minister for Social Protection (Deputy Joan Burton): 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. The person concerned will be informed when
arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Social Welfare Benefits
331. Deputy Paul J. Connaughton asked the Minister for Social Protection the reason a
decision on a disability allowance has not been processed in respect of a person (details
supplied); and if she will make a statement on the matter. [9630/11]
Minister for Social Protection (Deputy Joan Burton): The person concerned applied for
disability allowance on 30 November 2010.
In order to determine his weekly means, his file was forwarded to his local social welfare
inspector. A final decision on his entitlement to disability allowance will be given on receipt of
the social welfare inspector’s report. The customer will be notified directly of the outcome.
As regards the processing of disability allowance claims, the processing time for individual
claims may vary in accordance with their relative complexity in terms of the three main criteria
which a claimant must fulfil in order to qualify. Certain claims have to be referred to social
welfare inspectors for means investigation and this can add to the overall processing times. In
addition, factors outside the department’s control can have an impact, for example, the supply
of relevant information by the customer, employers or other third parties.
247

Questions— 3 May 2011. Written Answers
Question No. 332 withdrawn.
Question No. 333 answered with Question No. 307.
Question No. 334 answered with Question No. 328.
Social Welfare Code
335. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the position regarding
the recommendations of the review of the mortgage interest supplement, June 2010, including
what has and will be implemented and a timeframe for same. [9780/11]
Minister for Social Protection (Deputy Joan Burton): The Department is currently
developing an implementation plan incorporating the recommendations and findings from the
Department’s review with those from the reports from the Mortgage Arrears and Personal
Debt Review Group which was completed in November 2010.
Social Welfare Appeals
336. Deputy Brendan Griffin asked the Minister for Social Protection ifΛdisability allowance
will be granted toΛa person (details supplied) in County Kerry; and if she will make a statement
on the matter. [9815/11]
Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has
advised me that an appeal by the person concerned was registered in that office on 18th January
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 28th January 2011 and
the appeal will be referred to an Appeals Officer, in due course, who will decide whether the
case can be decided on a summary basis or whether to list it for oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection
and of the Department and is responsible for determining appeals against decisions on
social welfare entitlements.
Social Welfare Benefits
337. Deputy Pat Breen asked the Minister for Social Protection the position regarding an
application in respect of a person (details supplied) in County Clare; and if she will make a
statement on the matter. [9859/11]
Minister for Social Protection (Deputy Joan Burton): Applications for domiciliary care allowance
were received on the 11th March 2011 from the person concerned in respect of her two
sons. These applications were referred to one of the Department’s Medical Assessors who
found that the children were not medically eligible for the allowance. Decision letters have
issued to the person concerned on 28th April 2011 to this effect.
Grant Payments
338. Deputy Éamon Ó Cuív asked the Minister for Tourism, Culture and Sport if a person
(details supplied) who farms cattle in the Twelve Bens-Maam Turk Mountains and is obliged
to keep the cattle off the commonage for six months of the year will be eligible for a compensatory
payment from him for the period from leaving REP scheme in June 2011 to joining the
agri-environment options scheme in 2012; and if he will make a statement on the matter.
[9100/11]
248

Questions— 3 May 2011. Written Answers
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): The off-wintering of
cattle from commonages in the Twelve Bens/Maumturk Mountains is a requirement of the
Commonage Framework Plan, which is regulated by the Department of Agriculture, Fisheries
and Food as a condition of cross compliance. The issue of compensation does not arise in
this case.
Special Areas of Conservation
339. Deputy David Stanton asked the Minister for Tourism, Culture and Sport the current
classification of a bog (details supplied) in County Cork; his plans, if any to upgrade the status
of the bog to a special area of conservation or special protection area; and if he will make a
statement on the matter. [9284/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): The bog referred to by
the Deputy is one of a number of proposed Natural Heritage Areas (pNHA) that are under
consideration for formal designation. There are no plans in my Department currently to designate
this site as a Special Area of Conservation (SAC) or as a Special Protection Area (SPA).
In recent times, my Department has focused its efforts on meeting obligations under the
Habitats and Birds Directives by designating an appropriate number and type of SACs and
SPAs. The State’s progress in this area has been the subject of adverse findings by the European
Court of Justice and my Department’s National Parks and Wildlife Service must address these
designations as a first priority.
The issue of the formal designation of proposed NHAs will be considered further in the light
of the priorities facing my Department and my proposals to draw up a national peatlands
strategy, taking into account the work of the recently established Peatlands Council, which has
been tasked with advising my Department in relation to the strategy and other issues regarding
the management of peatlands.
Architectural Heritage
340. Deputy Dan Neville asked the Minister for Tourism, Culture and Sport when he will
provide the necessary funding that will allow Limerick County Council to operate the local
authority grant scheme; and if he will make a statement on the matter. [9373/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): Due to a significant
reduction in the budgetary allocation to the built heritage, the operation of the Local Authority
Conservation Grants Scheme has been suspended. Limited funding is being provided through
a “Structures at Risk Fund” in 2011, to assist with works to safeguard structures protected
under the Planning and Development Acts 2000-2010. Details of the operation of the fund
issued to each local authority. The closing date for the receipt of applications under this scheme
has passed. A decision on individual funding allocations will be taken following an assessment
of applications.
It is proposed to undertake a review of the operation of Part IV (Architectural Heritage) of
the Planning and Development Act 2000. This review will include an examination of the funding
provided towards the conservation and protection of the architectural heritage.
Turbary Rights
341. Deputy Michael P. Kitt asked the Minister for Tourism, Culture and Sport the position
regarding the cutting of turf in 32 raised bogs in designated special areas of conservation in
western and midland counties; the timetable involved in the announcement of the cessation of
249

[Deputy Michael P. Kitt.]
Questions— 3 May 2011. Written Answers
turf-cutting; the compensation on offer; if turf-cutting can continue until compensation is paid;
and if he will make a statement on the matter. [9493/11]
343. Deputy Michael P. Kitt asked the Minister for Tourism, Culture and Sport if persons
who have cut turf in 32 raised bogs in designated special areas of conservation in the western
and midlands areas can save and bring home this turf; and if he will make a statement on the
matter. [9576/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I propose to take Questions
Nos. 341 and 343 together.
Under the 1992 Habitats Directive, Ireland agreed to protect various natural habitats which
are of international importance, including by designating areas as Special Areas of Conservation
(SACs). Once designated, Ireland is obliged to monitor, protect and, where necessary,
restore those habitats and species which are under threat. 55 sites have been designated as
SACs for the conservation of raised bog habitat. In 2004, Ireland also designated 75 raised
bogs as Natural Heritage Areas (NHAs) under the Wildlife Acts.
In 1999, arrangements were announced for the protection of the 31 raised bog sites that had
been designated as SACs at that time. This included a 10-year national derogation during which
domestic turf cutting could continue, subject to certain restrictions. A similar 10-year derogation
applied to the further 24 raised bog SACs and 75 raised bog Natural Heritage Areas
(NHAs) designated after 1999.
In May 2010, the then Government confirmed the end of the derogation for domestic turf
cutting in these 130 raised bog conservation sites, on a phased basis, with restrictions being
implemented on 31 bogs from 2010. An interim compensation scheme was put in place and
land/turbary right owners were notified directly of the restrictions and the compensation
scheme. Advertisements were placed in local newspapers and on local radio.
In recent weeks, the Government has also announced details of a compensation package for
turf-cutters in sites where continued turf cutting is no longer possible for reasons of environmental
protection. The compensation scheme will apply immediately to turf cutters on the 31
raised bog SACs, where further cutting is not possible. Similar measures will apply for a further
24 raised bog SACs from the end of 2011. Advertisements have been placed in national and
local newspapers and on radio. Landowners and turf cutters have been contacted directly,
outlining details of the scheme and how to apply. The scheme will deliver payments of €1,000
per annum for a maximum of 15 years. As an alternative to financial payments and, where
feasible, qualifying turf-cutters will be facilitated in relocating to alternative, non-designated,
sites to continue cutting turf.
Unauthorised turf cutting or drainage works in the 31 SACs is an offence and is liable
to prosecution. Such unauthorised works may also risk future single farm payments, Rural
Environmental Protection Scheme (REPS) and Agri-Environment Option Scheme (AEOS)
payments, or payments under the National Parks and Wildlife Farm Plan Scheme. Those who
carry out unauthorised works, or permit such works to be carried out, on SACs may jeopardise
the receipt of future compensation and may be liable for the cost of restoration works.
Inland Fisheries
342. Deputy Eric Byrne asked the Minister for Tourism, Culture and Sport when it is
intended to restock the area of the Grand Canal from Portobello to Huband Bridge with
fish. [9575/11]
250

Questions— 3 May 2011. Written Answers
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I am informed by
Waterways Ireland that dredging recently took place on the stretch of the Grand Canal from
Portobello to Baggot Street. Prior to the commencement of this work, this stretch was dried
out, after first removing and relocating fish stocks. Inland Fisheries Ireland is contracted to
stock the canals with fish on behalf of Waterways Ireland. It is proposed to re-stock this area
in due course. However, this first requires the natural habitat to regenerate and, accordingly, I
understand that a specific timescale has not yet been established.
Question No. 343 answered with Question No. 341.
National Monuments
344. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture and Sport if he
has responsibility for giving or refusing consent for work to the national monument at 14-17
Moore Street, Dublin. [9748/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): With effect from 1 May
2011, responsibility for heritage functions, including those under the National Monuments Act
to which the question relates, were transferred to my Department. A further order will be
made shortly renaming my Department as the Department of Arts, Heritage and the Gaeltacht.
Arts Council
345. Deputy Michelle Mulherin asked the Minister for Tourism, Culture and Sport if he will
require the Arts Council to expedite the processing of the annual programming grant 2011 for
an arts centre (details supplied) in County Mayo. [9249/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): Section 24(2) of the
Arts Act, 2003 precludes interference by the Minister in Arts Council funding decisions.
Departmental Funding
346. Deputy Patrick O’Donovan asked the Minister for Tourism, Culture and Sport if he
will provide details regarding grant assistance available from his Department, or agencies
attached to it, for recording artists; and when it is expected that applications for grants will be
sought again. [9372/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): My Department does
not have a grant scheme for recording artists and it is not aware of any such scheme which was
previously available.
Programmes for Government
347. Deputy John McGuinness asked the Minister for Tourism, Culture and Sport the specific
proposals in the Programme for Government for which he is responsible; the target dates which
he has agreed regarding the delivery of these proposals; and if he will publish an implementation
schedule. [9591/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): As the Deputy will be
aware, heritage functions vested in the Minister with responsibility for Department of Environment,
Heritage and Local Government and functions relating to the Gaeltacht, Irish language
and Waterways Ireland vested in the Minister with responsibility for the Department of
Community, Equality and Gaeltacht Affairs transferred to my Department on 1 May 2011.
251

[Deputy Jimmy Deenihan.]
Questions— 3 May 2011. Written Answers
My Department is examining relevant commitments in the Programme for Government in
relation to the transferred functions and to the functions previously vested in me in relation to
Arts and Culture and will be liaising with relevant Departments and bodies in this regard. The
Deputy will appreciate that the drawing up of an implementation schedule of the nature
referred to by him would be premature at this stage.
Arts Funding
348. Deputy Clare Daly asked the Minister for Tourism, Culture and Sport the steps he
will take to ensure the continued operation of the Light House Cinema in Smithfield, Dublin
7. [9792/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I am advised that on
15 April 2011, the High Court made an order placing The Lighthouse Cinema in involuntary
liquidation and a liquidator was appointed. On 27 April, Neil Hughes of Hughes Blake was
appointed Receiver and Manager by Bord Scannán nahÉireann and The Arts Council with the
agreement of my Department. Following appropriate examination and analysis of the emerging
situation, my Department will be advised by the Chief State Solicitor and the Attorney General
on the best approach to take in conjunction with Bord Scannán nahÉireann and The Arts
Council.
Ministerial Appointments
349. Deputy Brendan Smith asked the Minister for Tourism, Culture and Sport if he will list
the details of all State appointments open to direct choice by him on 10 March 2011. [9981/11]
Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I set out below the
details of all appointments that I may make directly to the boards of the State bodies under
the aegis of my Department:
Name of Body
Number of Appointments
made directly by Minister
Arts Council 13
Irish Film Board 7
National Museum of Ireland 12
Marsh’s Library 2
Irish Museum of Modern Art 15
National Concert Hall 15
National Gallery of Ireland 10
National Library of Ireland 9
Irish Manuscripts Commission 20
National Archives Advisory Council 12
Chester Beatty Library 3
Crawford Art Gallery 12
Culture Ireland 13
The Heritage Council 17
Údarás na Gaeltachta 3
Total 165
252

Questions— 3 May 2011. Written Answers
Inland Fisheries
350. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural
Resources when salmon fishing will open up in Castlemaine Harbour, County Kerry; and if he
will make a statement on the matter. [9323/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): As the
Deputy will be aware, Castlemaine Harbour has been closed to commercial fishing since the
introduction of the South Western Fisheries Region (No. 7 or Kerry District) Conservation of
Salmon and Sea Trout Bye-law No. 844, 2008.
The decision to close the harbour to salmon fishing was based on scientific advice on the
status of the wild salmon stocks in the rivers which flow into the common estuary. A pilot
project was undertaken in 2010 to determine how a salmon fishery could be operated on salmon
stocks in the harbour, maximising the opportunities for commercial fishing while ensuring that
at-risk stocks are not compromised and surplus stocks are not over exploited.
Inland Fisheries Ireland is due to report to me on the results of the pilot project in early
May. I intend to publish the report and consequential recommendations as soon as possible
following my consideration of it.
Departmental Schemes
351. Deputy Robert Troy asked the Minister for Communications, Energy and Natural
Resources the position regarding the Sustainable Energy Authority of Ireland warmer homes
scheme for persons in receipt of the fuel allowance, as there is currently an extremely long
delay for successful applicants in having the work carried out. [9342/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The
administration of the Warmer Homes Scheme is a matter for the Sustainable Energy Authority
of Ireland (SEAI). The scheme, which provides energy efficiency improvements to homes in, or
at risk of, energy poverty is delivered through a combination of community-based organisations
(CBOs) and a panel of private contractors.
There has been a significant uptake in applications and interest in the scheme over the last
three years. This has resulted in very high volumes of applications which have, in certain
instances, led to delays in having works completed. A dedicated hot line for the WHS is managed
by the SEAI (WHS hotline: 1800 250 204), and all queries, from scheme applicants and
public representatives, on eligibility and funding agreements are dealt with immediately.
Inland Fisheries
352. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural
Resources the position regarding a drift net licence in respect of a person (details supplied) in
County Donegal; and if he will make a statement on the matter. [9720/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I
understand that the individual referred to by the Deputy has applied for a draft net licence.
Applications for draft net fishing licences will be considered by Inland Fisheries Ireland in
accordance with the terms of the Control of Fishing for Salmon Order 2011 (S.I. No. 123 of
2011). This Order determines the priority status afforded to each application based on the
applicant’s fishing track record. In the event of the number of applicants being in excess of the
number of licences available Inland Fisheries Ireland will determine the allocation in accordance
with Article 10 of the Order.
253

Questions— 3 May 2011. Written Answers
Ministerial Staff
353. Deputy Brendan Smith asked the Minister for Communications, Energy and Natural
Resources the details of all permanent Civil Service or non-established positions in his Department
which consist of assisting Ministers with constituency work; the monthly salaries for these
positions; and if any further appointments are envisaged. [9133/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): There
are currently two permanent and two non-established staff engaged on constituency work on
my behalf. Details requested are outlined in the table below:
Permanent Staff Monthly salary Non-established staff Monthly Salary
€ €
Executive officer 3,948 Personal Assistant 4,280
Clerical Officer 2,202 Personal Secretary 3,980
The Minister of State at my Department currently has three non-established staff (two of whom
are work-sharing in one post) engaged in constituency work. Details requested are outlined in
the table below:
Non–established staff
Monthly Salary
€
Personal Assistant 4,410
Personal Secretary (50% — Work Sharing) 1,813
Personal Secretary (50% — Work Sharing) 1,425
It is envisaged that a third post will be filled in the Minister of State’s Constituency Office,
bringing the staff complement to three, the number allowable under current Department of
Finance staffing guidelines for such offices.
Ministerial Appointments
354. Deputy Brendan Smith asked the Minister for Communications, Energy and Natural
Resources if he will list the details of all State appointments open to direct choice by him on
10 March 2011. [9147/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): My
Department was established in June 2007. I assume that the Deputy is referring to appointments
to boards of state bodies under the aegis of my Department. The following table details
the number of board positions which fall to be filled by Ministerial appointment.
State Body No. of members No. of members appointed
by Minister
Broadcasting Authority Of Ireland 9 9 1
RTÉ 12 10 2
TG4 12 10 3
An Post 15 9
Digital Hub Development Agency 14 13
254

Questions— 3 May 2011. Written Answers
State Body No. of members No. of members appointed
by Minister
Bord Gáis Éireann 9 8
Bord na Móna 12 7
EirGrid 10 8
ESB 12 7 4
Irish National Petroleum Corporation 5 5
National Oil Reserves Agency 6 5
Sustainable Energy Authority of Ireland 12 11
Ordnance Survey Ireland 10 10
Inland Fisheries Ireland 9 8 5
1 5 directly nominated by Minister and appointed by Government. 4 appointed by Government on nomination of
Minister following recommendation of Joint Oireachtas Committee.
2
6 appointed by Government on recommendation of Minister. 4 appointed by Government on nomination of Minister
following recommendation of Joint Oireachtas Committee.
3
Board in situ until 2012. Thereafter 6 appointed by Government on recommendation of Minister. 4 appointed by
Government on nomination of Minister following recommendation of Joint Oireachtas Committee.
4 Appointed by the Government on recommendation of Minister.
5
3 appointed by Minister, and 5 others on the nomination of other Ministers (2) and the Oireachtas (3).
Buildings Regulations
355. Deputy Catherine Byrne asked the Minister for Communications, Energy and Natural
Resources if there is any legislation governing the erection of satellite dishes by private residents
on apartment buildings here; if he has implemented a communication from the European
Commission in this regard (details supplied); if management companies can remove such
dishes without the permission of the owner; and if he will make a statement on the matter.
[9209/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The
erection and removal of satellite dishes on apartment buildings and the implementation of the
Commission Communication on the free movement of goods and services do not fall within
the remit of my Department. As such, I have no function in the matters referred to in the
Deputy’s question.
Postal Services
356. Deputy Simon Harris asked the Minister for Communications, Energy and Natural
Resources the regulations in place regarding unsolicited mail; if he will consider the
drafting of a code of conduct for distributors; and if he will make a statement on the
matter. [9363/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The
public receives a wide variety of mail from a number of sources, much of which can be regarded
as unsolicited mail, including unaddressed mail material, which may be delivered by An Post
or other operators. An Post is statutorily obliged, under Section 12 of the Postal and Telecommunications
Services Act, 1983, to satisfy all reasonable demands for postal services throughout
the State.
Measures are already in place to manage the impact of direct mailing. Under Section 2(7) of
the Data Protection Acts 1988 and 2003, individuals have the right to request that they be
removed from any direct mailing lists used by businesses. Householders also have the option
of limiting the amount of unsolicited mail they receive by completing a Mailing Preference
255

[Deputy Pat Rabbitte.]
Questions— 3 May 2011. Written Answers
Service form requesting that their names be removed from mailing lists controlled by members
of the Irish Direct Marketing Association. Individuals may contact the Irish Direct Marketing
Association directly or alternatively, can complete a form available from post offices. This form
goes directly to the Irish Direct Marketing Association and applies to addressed mail sent by
their members.
I have no plans to introduce additional measures in respect of direct mailing.
Inland Fisheries
357. Deputy James Bannon asked the Minister for Communications, Energy and Natural
Resources if there is any current proposal to amend the derogation for eel fishing on the Inny
River or the Shannon waterway; if he will provide an update regarding the EU position; and
if he will make a statement on the matter. [9390/11]
358. Deputy James Bannon asked the Minister for Communications, Energy and Natural
Resources the reason for the lack of knowledge and expertise that allowed the eel mortality
rate to continue unchecked due to the impact of hydroelectric power stations until action was
forced by EU regulations; and if he will make a statement on the matter. [9391/11]
359. Deputy James Bannon asked the Minister for Communications, Energy and Natural
Resources his view on whether those engaged in the traditional occupation of eel fishing have
been forced to bear the brunt of mismanagement of eel supplies and are now paying the price
due to withdrawal of eel fishing licences and other prohibitions; and if he will make a statement
on the matter. [9392/11]
360. Deputy James Bannon asked the Minister for Communications, Energy and Natural
Resources his plans to set up a compensation fund for those who have been denied the right
to engage in eel fishing over the past two years; and if he will make a statement on the
matter. [9393/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I propose
to take Questions Nos. 357 to 360, inclusive, together.
Scientific advice issued by the International Council for the Exploration of the Sea (ICES)
indicated that the European eel fish stock is so depleted that it is now outside safe biological
limits. It advised that a recovery plan be developed for the whole stock of European eel and
that exploitation and other human activities affecting the stock be reduced to as close to zero
as possible. The Deputy will be aware that in this context the European Council Regulation
No.1100/2007 established measures for the recovery of the stock of European eel.
In 2009 Ireland’s Eel Management Plan was approved by the Commission in compliance
with Regulation No.1100/2007. Given the critical status of the eel stock, as demonstrated in the
assessment contained in the Eel Management Plan, a number of management measures were
identified as necessary to reach the targets set in the regulation. These are: closure of the
commercial and recreational eel fishery, mitigation of the impact of hydropower, including a
comprehensive silver eel trap and transport plan, ensuring upstream migration of juvenile eel
at barriers and improving water quality, including fish health and bio-security issues.
Two bye-laws were introduced in May 2009 to give effect to the National Eel Management
Plan put in place to protect our dwindling eel stocks. These closed the commercial and recreational
eel fishery until June 2012. Under the Regulation, all aspects of the Plan must be
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reviewed in 2012. This review will consider, inter alia, whether the eel fishery and market could
be reopened in any River Basin District in light of the data gathered in the interim and the
performance of stocks. At that stage, the bye-laws which were introduced to close the commercial
and recreational eel fishery until June 2012 will be reviewed. However, when the last 20
years of poor recruitment is taken into account, it is likely that the adult eel stock in Irish
waters will continue to decline for at least the next decade.
Barriers to migration in river systems are one of the several factors causing the decline in
the eel population. Other factors include fishing, habitat loss, predation, parasites and pollution.
Silver eel escapement at hydropower stations is seen as critical in the attainment of the recovery
of the stock. ESB is actively involved in the implementation of the National Eel Management
Plan management measure to mitigate the impact of hydropower through its operation of a
comprehensive silver eel “trap and transport” programme. In tandem ESB will continue to
explore longer-term engineering solutions to facilitate eel passage.
There is no property right attaching to public eel licences and consequently the issue of
compensation is not relevant or appropriate, given that the closure of the fishery is being
applied for conservation reasons under the Fisheries Acts. I have no funds at my disposal for
a hardship fund for commercial eel fishermen. I understand a number of former eel fishermen
are engaged by ESB to undertake trap and transport operations.
Telecommunications Services
361. Deputy Noel Harrington asked the Minister for Communications, Energy and Natural
Resources if he will ensure that a person (details supplied) in County Cork will be provided
with a broadband service under the new national broadband scheme; and if he will make a
statement on the matter. [9435/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The
provision of broadband services is a matter for private sector service providers operating in
Ireland’s fully liberalised telecommunications market. Broadband services are provided by
private service providers over various platforms including DSL (i.e. over telephone lines), fixed
wireless, mobile, cable, fibre and satellite.
Issues relating to the quality of service provision are, in the first instance, a matter for the
relevant service provider and the customer. The regulation of the electronic communications
sector, including regulatory issues surrounding quality, is the responsibility of the Commission
for Communications Regulation (ComReg).
In cases of market failure the Government will intervene, where it is appropriate and possible
to do so. The National Broadband Scheme (NBS) represents such an intervention. EU State
Aid and competition rules govern how states can intervene in areas where there are existing
service providers operating. Accordingly, the NBS is prohibited from providing a service in
served areas where to do so would give rise to an unacceptable level of market distortion.
The mapping exercise undertaken by my Department at the time of designing the NBS found
that broadband services were available in the area referred to in the Deputy’s Question and
consequently the locality was excluded from the Scheme. Since the completion of the roll out
of the NBS in October 2010, there is at least one service provider offering a broadband service
in all areas of Ireland. Attention is now being focussed on isolated cases where broadband is
not being delivered due to technical or line of sight reasons.
257

[Deputy Pat Rabbitte.]
Questions— 3 May 2011. Written Answers
The Rural Broadband Scheme which I intend to launch shortly will address those individual
unserved rural premises outside of the NBS areas. Information in relation to acceptance of
applications and the process of qualification under the scheme will be made available in due
course when the scheme is launched.
State Agencies
362. Deputy Martin Ferris asked the Minister for Communications, Energy and Natural
Resources if plans to merge Coillte and Bord na Móna as a new energy company will still
proceed in the view of the recommendations of the review group on State assets and liabilities.
[9446/11]
Minister of State at the Department of Communications, Energy and Natural Resources
(Deputy Fergus O’Dowd): In the context of the NewERA Plan the Government has committed
to an ambitious strategy of accelerating the development of Ireland’s forestry and bioenergy
resources.
Key to the realisation of this strategy as outlined in the Programme for Government is the
plan to create a new State company to be called BioEnergy Ireland. This envisages the merger
of Bord na Móna and Coillte.
I will be working with Minister Rabbitte as well as with the Minister for Agriculture, Fisheries
and Food, and other relevant Ministers to deliver this Government objective so that Bio-
Energy Ireland will become a global leader in the commercialisation of next generation
bioenergy technologies.
As regards the recently published Report of the Review Group on State Assets and Liabilities
I would refer the Deputy to the commitment in the Programme for Government to invest
over time up to €2 billion in the sale of non-strategic state assets to finance the New Era
investment programme and also to the statement issued by the Minister for Public Expenditure
and Reform on the publication of the Report which indicated that the Government would now
study the findings of the Report and its extensive recommendations in detail.
Energy Resources
363. Deputy Michael McCarthy asked the Minister for Communications, Energy and Natural
Resources his commitment to the renewable energy feed-in tariff, REFIT, programme; and if
he will make a statement on the matter. [9473/11]
369. Deputy Martin Ferris asked the Minister for Communications, Energy and Natural
Resources if he intends to make any changes to the REFIT scheme to address concerns regarding
the sale of surplus energy overseas. [9709/11]
370. Deputy Paschal Donohoe asked the Minister for Communications, Energy and Natural
Resources when REFIT II will be rolled out; and if he will make a statement on the
matter. [9726/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I propose
to take Questions Nos. 363, 369 and 370 together.
The Renewable Energy Feed in Tariff programme (REFIT) was introduced in 2006. It is a
support scheme for certain categories of new renewable generation, which ensures a minimum
price is paid to producers over a period of 15 years. All EU Member States have support
schemes for renewable generation. Feed-in-tariff schemes, such as the one in Ireland, are by far
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Questions— 3 May 2011. Written Answers
the most commonly used support mechanism. Over a 10 year period prior to the introduction of
REFIT, renewable generation was supported through the Alternative Energy Requirement
(AER) which was a tender based support scheme. Since 2006, REFIT has underpinned a significant
additional amount of renewable generation underlining the critical importance of the
continuation of a renewable energy feed in tariff system.
The REFIT scheme had State Aid approval from the European Commission to accept applications
until end 2009. In 2010, my Department applied to the European Commission for
renewal of the state aid approval to continue to offer REFIT until 2015. My Officials are
finalising negotiations with the European Commission on the parameters of the second REFIT
Scheme and a decision by the Commission is awaited. REFIT II will be implemented as soon
as state aid approval has been obtained.
The renewable value of energy can only be legally traded in the context of the Co-operation
Mechanisms set out in the EU Renewable Energy Directive 2009/28/EC (Articles 6-12). Any
decisions to trade renewable energy will be done in that context which includes joint projects
with other countries. Where Ireland engages in joint projects in future whereby the renewable
value of energy is exported to another country, then it will be the latter’s support scheme which
will apply.
Nuclear Safety
364. Deputy Eoghan Murphy asked the Minister for Communications, Energy and Natural
Resources his plans to incorporate non-domestically-generated nuclear energy into the State’s
energy mix once the safety review of nuclear plants based in the EU is concluded. [9532/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The
position of successive Governments over many years is that nuclear power is neither sustainable
nor the answer to meeting Ireland’s energy needs. This position is shared by several EU
Member States. The Lisbon Treaty legally provides for individual Member States to determine
their own energy mix.
The use of nuclear fission for the generation of electricity in Ireland is statutorily prohibited
under Section 18(6) of the Electricity Regulation Act 1999. Furthermore, Section 3 of the
Planning and Development (Strategic Infrastructure) Act 2006 states that “Nothing in this Act
shall be construed as enabling the authorisation of development consisting of an installation
for the generation of electricity by nuclear fission”.
These prohibitions do not include the importation of electricity generated by nuclear energy
elsewhere. Legal advice received by my Department states that such a prohibition, even if
realistically implementable, would in any event be in breach of Article 34 of the Treaty on the
Functioning of the European Union, which prohibits quantitative restrictions on imports and
all measures having equivalent effect between Member States.
It is not technically feasible to guarantee that electricity imported over an interconnector is
not generated from nuclear sources. It is not possible to distinguish the flow of electricity across
interconnectors by reference to the original source of supply or generation.
Ireland currently imports electricity from time to time from Northern Ireland, which is in
turn linked to the UK electricity market via the Moyle Interconnector. Electricity imports from
the UK will be increased with the completion of the East West Interconnector in 2012. It is
the case that nuclear generation forms part of the overall UK generation fuel mix.
The safety audit of nuclear plants in the European is being conducted in response to the
Fukushima accident in Japan and falls within the nuclear safety remit of the Minister for the
259

[Deputy Pat Rabbitte.]
Questions— 3 May 2011. Written Answers
Environment, Heritage and Local Government. Criteria for the review are due to be agreed in
May by the European Nuclear Safety Regulators Group, where the Radiological Protection
Institute of Ireland (RPII) represents Ireland. The Government is strongly supportive of a
rigorous and transparent safety audit of nuclear facilities in Europe including reprocessing
facilities such as Sellafield.
Alternative Energy Projects
365. Deputy Noel Grealish asked the Minister for Communications, Energy and Natural
Resources the current expenditure on renewable energy; his plans regarding expenditure and
grant aid for renewable energy for the next five years; and if he will make a statement on the
matter. [9542/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte):
Exchequer expenditure in the renewable energy area is administered through the Sustainable
Energy Authority of Ireland (SEAI), which has a total allocation of €88.773m this year as
provided for in Budget 2011. While energy efficiency programmes have become the primary
focus of SEAI’s programmes in recent years, a number of renewable energy programmes
remain. The Reheat and Biomass Combined Heat and Power programmes have a total allocation
of €2.997m in 2011. The Greener Homes Scheme remains open with an allocation of
€3.3m in 2011. SEAI also administers the Ocean Energy Research and Development programme,
with an allocation of €13.1m in 2011, and the Renewable Energy Research, Development
& Deployment Programme, with an allocation of €2m, which includes support for the
International Energy Research Centre which is being established in Cork. Expenditure in
future years will be determined in the context of overall Budgetary decisions for 2012 and
beyond.
Renewable electricity generation is supported under the Public Service Obligation (PSO),
which is a fund collected from all electricity consumers. The PSO which is primarily used to
support electricity generation from peat, covers support to renewable electricity generators
under the AER (Alternative Energy Requirement) and REFIT (Renewable Electricity Feed
in Tariff) Schemes. Support for renewable energy under the PSO amounts to €43.226m of the
total €156.628m PSO in 2010/11.
Telecommunications Services
366. Deputy Simon Harris asked the Minister for Communications, Energy and Natural
Resources the level of access to broadband in the Wicklow-east Carlow area; his plans to
increase the provision of broadband in the area; and if he will make a statement on the
matter. [9546/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The
provision of broadband services is, in the first instance, a matter for private sector service
providers operating in Ireland’s fully liberalised telecommunications market. Broadband
services are provided by private service providers over various platforms including DSL (i.e.
over telephone lines), fixed wireless, mobile, cable, fibre and satellite. Details of broadband
services available in each county can be found on ComReg’s website at www.callcosts.ie.
In cases of market failure the Government will intervene, where it is appropriate and possible
to do so. The National Broadband Scheme (NBS) represents such an intervention. EU State
Aid and competition rules govern how states can intervene in areas where there are existing
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Questions— 3 May 2011. Written Answers
service providers operating. Accordingly, the NBS is prohibited from providing a service in
served areas where to do so would give rise to an unacceptable level of market distortion.
I am pleased to say that broadband is now available under the NBS in all designated Electoral
Divisions (EDs) in the NBS Coverage Area, including the 37 designated EDs within
County Wicklow and the 6 designated EDs within County Carlow.
It continues to be a priority of the Government that there will be broadband coverage across
the entire country. I am aware that there continues to be a small percentage of premises
throughout the country that will not be capable of receiving broadband services. This is primarily
due to technical and other reasons (suitability of a telephone line, distance from an enabled
exchange, no line of sight etc.).
The European Commission has set aside a portion of the European Economic Recovery
Programme (EERP) funding for rural broadband initiatives. Using this funding, which will be
augmented by an Exchequer contribution, I intend to formally launch a Rural Broadband
Scheme shortly. This scheme will aim to provide a basic broadband service to individual
unserved rural premises outside of the NBS areas.
Information in relation to acceptance of applications and the process of qualification under
the scheme will be made available in due course when the scheme is launched.
Programmes for Government
367. Deputy John McGuinness asked the Minister for Communications, Energy and Natural
Resources the specific proposals in the programme for Government for which he is responsible;
the target dates he has agreed for the delivery of these proposals; and if he will publish an
implementation schedule. [9579/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The
Programme for Government sets out the policies and initiatives to be progressed over the term
of the Government to address the many challenges facing the country.
Together with my colleague Minister of State, Fergus O’Dowd, T.D., I am working to ensure
delivery on the commitments of the Programme which fall within the remit of the Department
of Communications, Energy and Natural Resources. This involves a wide ranging agenda
encompassing the areas of energy, communications, broadcasting and natural resources. Apart
from Programme for Government commitments there is a wide ranging programme of work
to be delivered across all areas of my Department.
In addition, the Minister of State and I have commenced working with other Ministerial
colleagues on commitments which relate to the Government’s plan for the New Economic and
Recovery Authority (New ERA) and related investment priority areas in support of employment
and economic growth.
We will work to ensure delivery on these commitments and indeed all of the responsibilities
of my Department and will keep progress under regular review.
Postal Services
368. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural
Resources if he will provide information on a matter (details supplied) regarding mail services;
and if he will make a statement on the matter. [9617/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The
matter raised by the Deputy is an operational matter for the board and management of An
Post and one in which I have no statutory function.
261

[Deputy Pat Rabbitte.]
Questions— 3 May 2011. Written Answers
I will however forward the issue to the An Post for direct reply to the Deputy.
Questions Nos. 369 and 370 answered with Question No. 363.
Departmental Schemes
371. Deputy Michael McGrath asked the Minister for Communications, Energy and Natural
Resources the support available to persons who wish to avail of the Sustainable Energy Authority
of Ireland home energy saving grant scheme but who are unable to come up with payment
for the supplier pending the release of the grant moneys; and if he will make a statement on
the matter. [9761/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The
administration of the Home Energy Saving Scheme is a matter for the Sustainable Energy
Authority of Ireland (SEAI).
SEAI advises that payment arrangements between householders and contractors are a matter
for the parties concerned. It is the case that grants under the Scheme are only payable by SEAI
on completion of the works in question.
Postal Services
372. Deputy Michael McGrath asked the Minister for Communications, Energy and Natural
Resources the reason for the delay in the completion of the pre-qualification questionnaire
process for the implementation of the national postcode system; when he expects further progress;
and if he will make a statement on the matter. [9786/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): My
Department has commenced the procurement process in respect of a National Postcode System
with the publication of a Pre-Qualification Questionnaire (PQQ) on the e-tenders website on
17 January 2011. The procurement process is still ongoing and I will not be commenting on
that process until it has concluded.
373. Deputy Michael McGrath asked the Minister for Communications, Energy and Natural
Resources his views on whether persons who were members of the Government national postcode
project board, which recommended the most appropriate postcode system for Ireland,
should be excluded from the tender process for the implementation of the national postcode
system. [9787/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): My
Department has commenced the procurement process in respect of a National Postcode System
with the publication of a Pre-Qualification Questionnaire (PQQ) on the e-tenders website on
17 January 2011. The procurement process is still ongoing and I will not be commenting on
that process until it has concluded.
The Deputy should be aware, however that as part of the tender process, answers were
published on the e-tenders website by my Department in response to questions placed by
interested parties. One question asked:
“Are those individuals or organisations who participated as appointed members of the
Postcode Working Group or the National Postcode Project Board permitted to seek prequalification
either on their own or as part of other consortia/business formations?”
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Questions— 3 May 2011. Written Answers
The response prepared by my Department and published on e-tenders was as follows:
“No member of the National Postcode Project Board (the current body overseeing the
procurement of a NPS) or the Advisors to that Board are permitted to seek pre-qualification.
With respect to the Postcode Working Group, as this body no longer exists and its findings
are freely available to all interested parties, those members not involved in the current work
of the NPPB are entitled to seek pre-qualification if they so wish.”
Inland Fisheries
374. Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural
Resources if a salmon licence will be granted to a person (details supplied) in County Kerry;
and if he will make a statement on the matter. [9825/11]
Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): If the
person, as identified by the Deputy, is a private fishery owner and can prove title to obtain a
draft net licence, he will, upon application, be issued with a salmon fishing licence by Inland
Fisheries Ireland to fish in accordance with the Wild Salmon and Sea Trout Tagging Scheme
Regulations.
Departmental Funding
375. Deputy Patrick O’Donovan asked the Minister for the Environment, Community and
Local Government the position regarding the implementation of a programme (details
supplied) in County Limerick. [9018/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
Under the programme in question, I understand that an Area Implementation Team (AIT),
which draws up a plan based on the particular needs of the area so that available funding can
be targeted at where it will do the most good in the community, has been established for the
area in question. The inaugural meeting of the AIT took place on 15 April 2010.
The AIT includes representatives of the Department Social Protection, the relevant local
authority, An Garda Síochána, Youth Services, HSE, VEC and others. I understand that the
community forum structure has been agreed, task groups have been formed and there is agreement
on the role of agencies and on chairing of task groups. A Co-ordinator for the area is in
place since January 2010, funded by the local authority.
As regards the proposal to allocate additional funding for the area in question from the
Dormant Accounts Fund, I can confirm that 8 projects have been prioritised by Pobal. These
are currently being considered by my Department in the context of the reduced level of funding
available to the Department in the current year, and also in the context of the review of
expenditure that is being undertaken. Any decisions arising will be notified to all applicants as
soon as possible.
Motor Taxation
376. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community
and Local Government if he will review the application of changes to commercial taxation
introduced by the last Government, which penalises licence holders who drive vehicles with
commercial taxation when they use their vehicles for purposes other than for work. [9168/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
The situation regarding the taxation of goods vehicles has not changed.
263

[Deputy Phil Hogan.]
Questions— 3 May 2011. Written Answers
In August 2010 my Department issued a circular letter to motor tax offices reminding authorised
officers of existing provisions with regard to the taxation of vehicles on a goods basis. This
reiterated the terms of a 2005 circular letter (Circular MT 10/2005).
To be taxed as a goods vehicle, a vehicle must be constructed or adapted for that purpose
and used solely in the course of trade or business. If a vehicle is adapted, it must have the same
characteristics as a goods vehicle in relation to space and accommodation for carrying goods
and it must have limited seating capacity. The vehicle must also be used in the course of trade
or business. Under section 2 of the Finance (Excise Duties) (Vehicles) Act 1952, if a vehicle is
used in a condition or manner which would attract motor tax at a higher rate, tax then becomes
payable at that rate. In other words, if a goods vehicle is used at any time in a private capacity,
it must be taxed at the private rate of motor tax.
Under Article 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations
1992, a licensing authority must be satisfied that it is authorised to issue the licence
applied for and accordingly, that it is the appropriate licence for the vehicle. It is thus open to
a motor tax office to seek backing documentation to support an application for a goods vehicle
licence, which is in effect a concessionary rate of tax. Such documentation could include, but
is not limited to, a certificate of commercial insurance, evidence of registration for VAT or a
Tax Clearance Certificate, or any other document that would assist in satisfying the licensing
authority as to the basis for the application. It would not be expected that any person genuinely
using a vehicle in the course of trade or business would have any difficulty providing such
documentary evidence if requested to do so.
Form RF 111A Goods Declaration Form, which has been in existence for a number of years
and is not a new requirement, constitutes the statement by the applicant that the vehicle is
being used in the course of trade or business. This declaration should not need to be sought at
every renewal once particulars of the vehicle have not changed, but it is normally sought at the
time of first taxing as a goods vehicle and on change of ownership. The only minor amendment
to this form is that the income tax registration number of the applicant is now requested to
support the claim that the vehicle is being used in the course of trade or business.
While the legal provisions governing the taxation of goods vehicles have not changed, evidence
was brought to the Department’s attention that high-powered, high-specification vehicles
that would not normally fall into the goods vehicle category are being increasingly claimed as
goods vehicles. In that regard, it is important that motor tax offices follow the requirements to
ensure a vehicle is correctly taxed. If a concessionary rate of tax is being claimed in circumstances
where it is not warranted, the concomitant loss of income would in the normal course
of events have to be recouped elsewhere. In this regard, all road users should pay their fair
share of motor tax in line with the relevant legal provisions.
I intend to review the taxation classes currently in place for motor vehicles.
377. Deputy Simon Harris asked the Minister for the Environment, Community and Local
Government the amount of road tax paid by car owners in County Wicklow in each of the
years 2007, 2008, 2009 and 2010, and to date in 2011; and if he will make a statement on the
matter. [9219/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
The total gross motor tax receipts for Wicklow County Council motor tax offices since 2007
are set out in the following table:
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Questions— 3 May 2011. Written Answers
Total Gross Receipts of Motor Tax Paid in Wicklow County Council Motor Tax Offices
Year
Amount
€
*First quarter 2011
2007 19,923,480
2008 20,360,629
2009 19,611,844
2010 18,197,952
2011* 4,719,497
Communications Masts
378. Deputy Simon Harris asked the Minister for the Environment, Community and Local
Government the process and regulations in place for the installation of telecommunications
masts; and if he will make a statement on the matter. [9362/11]
Minister of State at the Department of Environment, Community and Local Government
(Deputy Willie Penrose): In general, planning permission must be obtained for the erection of
an antenna support structure or mast. Under Article 6 and Schedule 2 of the Planning and
Development Regulations 2001, certain classes of development carried out by a statutory
undertaker authorised to provide a telecommunications service are, subject to specified conditions,
exempted development for the purposes of the Planning Acts. These include:
— the attachment of additional antennae to an existing antenna support structure;
— the erection of an antenna support structure in place of an existing antenna support
structure, and
— the attachment of antennae to certain existing structures, such as lamp posts, flag
poles, CCTV poles, electricity pylons and certain public or commercial buildings
(other than educational facilities, child care facilities or hospitals).
The above exemptions are conditional, inter alia, on the field strength of the non-ionising
radiation emissions from the site not exceeding the limits specified by the Commission for
Communications Regulation. In addition, in the case of the exemption for the attachment of
antennae to certain existing structures, there is a requirement on the statutory undertaker to
notify the planning authority, in writing, of the proposed location of any such structure at least
4 weeks before the attachment of the antennae.
My Department published Guidelines for Planning Authorities on Telecommunications
Antennae and Support Structures in 1996. The guidelines are intended to facilitate planning
authorities, An Bord Pleanála, the licensed providers of mobile telecommunications services
and the public by providing guidance on dealing with these developments within the planning
system. The guidelines set out a locational hierarchy in relation to the siting of radio masts and
advise that free-standing masts should only be located within, or in the immediate surrounds
of, smaller towns or villages as a last resort. If such a location should become necessary, masts
and antennae should be designed and adapted for the specific location. In the vicinity of larger
towns and in city suburbs, operators should endeavour to locate in industrial estates or in
industrially zoned land. The guidelines further advise that, only as a last resort, and if all the
alternatives are unavailable or unsuitable, should free-standing masts be located in a residential
area or beside schools. Under Section 28 of the Planning and Development Act 2000, planning
265

[Deputy Willie Penrose.]
Questions— 3 May 2011. Written Answers
authorities are required to have regard to any ministerial guidelines in the performance of their
functions. The Guidelines are available on my Department’s website at www.environ.ie.
Grant Payments
379. Deputy James Bannon asked the Minister for the Environment, Community and Local
Government if a person (details supplied), who is unable to climb stairs, who lives alone and
whose only income is the old age pension, is entitled to a conversion grant to build a downstairs
toilet; and if he will make a statement on the matter. [10050/11]
421. Deputy Robert Troy asked the Minister for the Environment, Community and Local
Government his plans to introduce a grant scheme for home improvements. [9716/11]
Minister of State at the Department of Environment, Community and Local Government
(Deputy Willie Penrose): I propose to take Questions Nos. 379 and 421 together.
Under the terms of the suite of Housing Adaptation Grants for Older People and People
with a Disability, which is administered by the local authorities, grants are available to assist
households to have necessary repairs or improvement works carried out in order to facilitate
the continued independent occupancy of their homes.
Three separate schemes are available:
Housing Adaptation Grant for People with a Disability:
This grant assists people with a disability to have necessary adaptations, repairs or improvement
works carried out in order to make their accommodation more suitable for their needs.
Eligible works include the provision of access ramps, stair lifts, accessible toilet and shower
facilities, wheelchair access and extensions. The effective maximum grant under the scheme
is €30,000, which may cover up to 95% of the approved cost of works for applicants, including
those in full-time employment, who have gross household incomes of up to €30,000 per
annum, tapering to 30% for those with incomes of €54,001 to €65,000.
Mobility Aids Grant Scheme:
This scheme is available to fast track grants of up to €6,000 to cover a basic suite of works
to address the mobility problems of a member of a household. Qualifying works include the
provision of stair lifts, level access showers, access ramps, grab rails and some minor adaptation
works to the fabric of the house such as adaptation of downstairs room/closet to
provide sanitary facilities etc. The effective maximum grant available is €6,000 and may
cover 100% of the cost of works subject to a maximum annual household income threshold
of €30,000.
Housing Aid for Older People Scheme:
This scheme provides grants of up to €10,500 to assist older people living in poor housing
conditions to have necessary repairs or improvements carried out. Grant eligible works
include structural repairs or improvements, re-wiring, repairs to or replacement of windows
and doors, provision of water supply and sanitary facilities, provision of heating, cleaning,
painting etc. Maximum grant available is €10,500 which may cover up to 100% of the costs
of works for applicants with gross annual household incomes of less than €30,000, tapering
to 30% for those with incomes of €54,001 to €65,000.
The detailed administration of these schemes, including the assessment, approval and the specific
level of funding to be directed to each of the various grant measures from within the
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allocations notified to them by my Department, is the responsibility of the relevant local
authority.
Grants of up to €6,350 are also available from my Department for the renewal or repair of
thatched roofs of houses.
Outside of these grant schemes, there is no specific grant scheme currently available from
my Department for carrying out house improvements.
The Home Energy Saving Scheme, which is administered by Sustainable Energy Authority
Ireland (SEAI), provides grants to homeowners for improving the energy efficiency of their
homes in order to reduce energy use and costs. This scheme, which falls within the remit of
my colleague, the Minister for Communications, Energy and Natural Resources, is open to all
owners of existing homes built before 2006.
Waste Management
380. Deputy Kevin Humphreys asked the Minister for the Environment, Community and
Local Government if he will include the cost of carbon dioxide and other greenhouse and
noxious gas emissions that result from waste incineration in proposed incinerator levies; and if
he will make a statement on the matter. [9056/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
The waste sector requires certainty on the issue of the application of levies to incineration
facilities. As I indicated during the Environment (Miscellaneous Provisions) Bill 2011 Second
Stage debate on 14 April, I have been reviewing the provisions of the Bill relating to the Waste
Facility Levy in light of the transposition of the Waste Framework Directive on 31 March 2011.
I will be making my decision in relation to the provisions concerning such levies known when
the Bill is at Committee stage.
My decision will be consistent with the guiding principles which inform the Government’s
new waste policy. The policy will be designed to minimise the volumes of waste generated and
to extract the maximum value from those wastes which do arise; will be founded on a firm,
evidence-based understanding of the many scientific, economic and social issues which are
inherent elements of the waste policy discourse; and will be designed to facilitate necessary
investment in infrastructure, within an appropriately regulated waste market framework.
381. Deputy Kevin Humphreys asked the Minister for the Environment, Community and
Local Government the specific issues preventing the publication of the Hennessy report about
the proposed incinerator at Poolbeg, Dublin; and if he will make a statement on the matter.
[9057/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
The former Minister for the Environment, Heritage and Local Government, Mr. John Gormley,
appointed Mr. John Hennessy, SC, as an authorised person under section 224 of the Local
Government Act 2001, to examine various financial matters arising in relation to the Waste to
Energy facility proposed for Poolbeg.
I am considering the Hennessy Report in consultation with the Attorney General, including
issues relating to publication, and am working to conclude this consideration as soon as
possible.
Local Authority Housing
382. Deputy Shane Ross asked the Minister for the Environment, Community and Local
267

[Deputy Shane Ross.]
Questions— 3 May 2011. Written Answers
Government if his attention has been drawn to the fact that the Ombudsman’s investigation
into the South Dublin County Council Part 8 process with regard to Taylor’s Lane has not been
concluded, and that he has given written assurances on numerous occasions that no decision to
expend scarce financial resources will be spent until the Ombudsman has concluded her investigation
and her report is taken into account; if he will give an assurance that he will put a stay
on any financial transaction by his Department pertaining to this SDCC Part 8 process pending
the outcome of the Ombudsman’s investigation; if his further attention has been drawn to the
fact that no contract has been signed and therefore no financial liability exists; if his attention
has been drawn to the fact that SDCC withheld pertinent statutory information from his
Department when it applied for financial support; if he will release all correspondence and a
record of all contact between SDCC and his Department and his ministerial predecessor; if he
will meet with an association of residents (details supplied) who risk losing their conditioned
open space; if he will explain to them the reason they might lose their open space because
public servants are not doing their job, not carrying out financial oversight, not keeping up
with the challenging economic times and not taking into account that in the SDCC area there
is a glut of empty and incomplete houses, that the statutory processes no longer apply and
that all this is to be funded by the IMF-ECB, for which residents such as they will have to
pay. [9065/11]
Minister of State at the Department of Environment, Community and Local Government
(Deputy Willie Penrose): The project referred to is a small infill development of 9 social units,
intended to address issues of antisocial behaviour and an identified housing need in this area.
The Council submitted a tender recommendation report in December 2010 and my Department
issued approval to accept the recommended tender in March 2011 with a budget cost of €1.2m.
The Council’s proposal stated that the site concerned was never designated as open space. My
Department visited the site in June 2010 and considered it to be a suitable location for social
housing in accordance with Quality Housing for Sustainable Communities guidelines. The
Council also confirmed to my Department that the proposed development complied with planning
requirements and had obtained Part VIII approval under the Planning Acts.
The written record referred to in the Question is an e-mail from my Department in May
2008, which expressed the view of my Department at the time that it would be prudent to
await the outcome of the Ombudsman’s investigation into South Dublin County Council before
proceeding. It is understood that while the status of the investigation is ongoing, the Council
is satisfied that there is no objection on the part of the Ombudsman’s Office to the signing of
contracts to commence work on this project. Given the passage of time it is considered reasonable
that the proposed project should be assessed and processed in the normal manner.
In April 2009, my Department responded to a Freedom of Information (FOI) request and
released all correspondence and records of all contacts between my Department and South
Dublin County Council.
383. Deputy Terence Flanagan asked the Minister for the Environment, Community and
Local Government the position regarding regeneration of an area (details supplied) in Dublin
17; and if he will make a statement on the matter. [9089/11]
Minister of State at the Department of Environment, Community and Local Government
(Deputy Willie Penrose): I refer to the reply to Question No. 123 of 20 April 2011, which set
out the position in this matter.
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Questions— 3 May 2011. Written Answers
384. Deputy Eamonn Maloney asked the Minister for the Environment, Community and
Local Government if the commencement order has been signed in respect of the local authority
tenant purchase scheme for apartments; and if he will make a statement on the matter.
[9112/11]
391. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local
Government the position regarding the incremental purchase scheme and the sale of houses
and apartments; and if he will make a statement on the matter. [9193/11]
408. Deputy Kevin Humphreys asked the Minister for the Environment, Community and
Local Government his plans to introduce a ministerial order to allow the sale of local authority
flats as provided for in the Housing (Miscellaneous Provisions) Act 2009; and if he will make
a statement on the matter. [9434/11]
Minister of State at the Department of Environment, Community and Local Government
(Deputy Willie Penrose): I propose to take Questions Nos. 384, 391 and 408 together.
I refer to the replies to Questions No. 272 of 12 April 2011 and No. 201 of 19 April 2011,
which set out the position in this matter.
Departmental Funding
385. Deputy Kevin Humphreys asked the Minister for the Environment, Community and
Local Government when funding will be released from the environment fund to allow for
applications to the Local Agenda 21 Environmental Partnership Fund for 2011; and if he will
make a statement on the matter. [9122/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
Budgets for each programme area to be funded from the Environment Fund in 2011 have
recently been finalised. Allocations for individual activities within these broad programme
headings, including for Local Agenda 21 purposes, will be finalised in the coming weeks, after
which applications for funding, via the local authorities, will commence.
Local Authority Charges
386. Deputy Niall Collins asked the Minister for the Environment, Community and Local
Government if he will consider an issue regarding rates in view of the lack of services in certain
locations (details supplied). [9130/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
Local authorities are under a statutory obligation to levy rates on any property used for commercial
purposes in accordance with the details entered in the valuation lists prepared by the
independent Commissioner of Valuation under the Valuation Act 2001. Rates are a local property
tax levied on the occupiers and, in some cases, the owners of fixed commercial properties.
Liability for rates arises by reason of occupation rather than provision of particular services.
The levying and collection of rates are matters for each individual local authority. The
Annual Rate on Valuation (ARV), which is applied to the valuation of each property to obtain
the amount payable in rates, is decided by the elected members of each local authority in the
annual budget and its determination is a reserved function of a local authority.
The Valuation Office is responsible for calculating the rateable valuation of commercial
properties and the size and location of the properties would be a factor in arriving at the
rateable valuation.
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Questions— 3 May 2011. Written Answers
Ministerial Staff
387. Deputy Brendan Smith asked the Minister for the Environment, Community and Local
Government the details of all permanent Civil Service or non-established positions in his
Department with regard to assisting Ministers with constituency work; the monthly salaries for
these positions; and if any further appointments are envisaged. [9138/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
While arrangements for the staffing of the Constituency Offices in my Department are not yet
finalised, these Offices will be staffed in accordance with the agreed reduced staffing limits
decided by the Government.
In addition to the appointment of a Personal Secretary, which is currently being arranged, I
have also initiated arrangements for the appointment of a Personal Assistant, in line with the
Instructions on Ministerial Appointments for the 31st Dail. An Executive Officer, from my
Department’s existing staff complement, is currently assigned to work on constituency matters
and I also intend to assign a Clerical Officer. Minister of State at the Department of the
Environment, Heritage and Local Government, Mr. Willie Penrose, T.D., has appointed a
Personal Secretary and Personal Assistant who are assigned to work on constituency matters,
along with a Clerical Officer from my Department’s existing staff complement.
The Minister of State, Deputy O’Dowd, has no staff assigned to constituency matters in
my Department.
The details of those already assigned to constituency matters are as follows:
Office Grade/Position Monthly Salary
Minister, Deputy Hogan Executive Officer 3,497
Minister of State, Deputy Penrose Personal Secretary 3,661
Personal Assistant 4,057
Clerical Officer 2,780
€
Ministerial Appointments
388. Deputy Brendan Smith asked the Minister for the Environment, Community and Local
Government if he will list the details of all State appointments open to direct choice by him
on 10 March 2011. [9152/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
Apart from the Heritage Council, which transferred to my colleague, Deputy Jimmy Deenihan,
Minister for Arts, Heritage and the Gaeltacht on 1 May 2011, there were two vacancies on
State Boards under the aegis of my Department open to direct choice to me on 10 March 2011.
Neither of these vacancies have since been filled.
On 10 March there was one vacancy on the Board of the Housing Finance Agency. Members
of the HFA Board are appointed by the Minister for the Environment, Community and Local
Government under the Housing Finance Agency Act 1981. There was also one vacancy for the
Chairperson of Comhar Sustainable Development Council which arose on 1 January 2011.
Planning Issues
389. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local
Government the regulations in place to control noise pollution arising from the staging of motor
270

Questions— 3 May 2011. Written Answers
car rally or racing events in proximity to residential areas; the means available to residents who
object to the noise generated and wish to make a formal complaint; and if he will make a
statement on the matter. [9180/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
Under section 230 of the Planning and Development Act 2000 and Part 16 of the Planning and
Development Regulations 2001, a licence is required in respect of holding an event at which
the audience comprises 5,000 or more people. An applicant for a licence is required, within the
period of two weeks before applying for a licence, to publish a notice of his or her intention
to submit an application in one local and one national newspaper. The notice must give details
regarding the event to be held, including the anticipated number of the audience at the proposed
event.
The licence application must be accompanied by a draft plan for the management of the
event, including a draft site emergency plan; a draft traffic management plan; a draft safety
strategy statement; and a draft environment monitoring programme for before, during and after
the proposed event. Any person may make a submission or observation about the application to
the local authority, which must consult with the Gardaí and the HSE in relation to the application,
and may also invite submissions from other persons or convene any meetings or consultations
it considers appropriate.
In considering an application for a licence under this section, the local authority must have
regard to a number of matters, including any submissions or observations made to it in accordance
with the Regulations, any consultations it has undertaken and the matters which may be
the subject of conditions attached to the licence. The local authority may decide to grant the
licence, grant the licence subject to such conditions as it considers appropriate or refuse the
licence. Conditions subject to which a licence is granted may include the avoidance or minimisation
of disruption to the neighbourhood in which the event is to take place.
Outdoor events with a proposed attendance below the threshold of 5,000 persons are not
subject to a licence as set out above. However, such events have been successfully managed by
some local authorities using section 107 of the Environmental Protection Agency Act 1992. A
local authority may specify conditions and restrictions as part of a Section 107 notice served
under the Environmental Protection Agency Act 1992 in order to prevent persons in the neighbourhood
being unreasonably disturbed by noise caused by an event.
In addition, under section 108 of the Environmental Protection Agency Act 1992, it is open
to 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 outlining the legal
avenues available to persons experiencing noise nuisance is available to download from my
Department’s website, www.environ.ie
As set out in section 7 of the leaflet, a person who is alleged to have caused a noise nuisance
can put forward a “good defence” in Court if they can prove they took all reasonable care to
prevent or limit the noise by using facilities, practices and methods of operation that are suitable
for that purpose. Complying with the conditions of a planning permission or a section 107
notice may be taken into account by the Court in this regard.
Local Authority Charges
390. Deputy Sean Fleming asked the Minister for the Environment, Community and Local
Government the provisions by which local authorities can levy commercial rates on a business
for a week or a month as opposed to an annual rates bill, and can this be used to facilitate pop
271

[Deputy Sean Fleming.]
Questions— 3 May 2011. Written Answers
up shops and other temporary businesses that open up for various occasions such as Christmas,
Easter, festivals and other such events; and if he will make a statement on the matter. [9189/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
Local authorities are under a statutory obligation to levy rates on any property used for commercial
purposes in accordance with the details entered in the valuation lists prepared by the
independent Commissioner of Valuation under the Valuation Act 2001.
Under current legislation the person liable for payment of rates is the person in occupation
of a rateable property at the date of the making of the rate. The owner rather than the occupier
may be liable for commercial rates if the property in question is unoccupied on the date of the
making of the rate. Should a person’s occupancy commence after the date of the making of
the rate then that person is not primarily liable for rates for that year.
My Department continues to keep all matters relating to commercial rates under regular
review.
Question No. 391 answered with Question No. 384.
Departmental Funding
392. Deputy Paschal Donohoe asked the Minister for the Environment, Community and
Local Government the position regarding funding (details supplied); and if he will make a
statement on the matter. [9205/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): In the context of current constraints on the public capital programme
and the reduction in new social housing supply, returning vacant stock to use, in as short a
time as possible, continues to be a major priority for my Department under the Social Housing
Improvement Programme. A key objective of the programme is to maximise the number of
vacant units which can be brought back into use at reasonable cost. This will apply to both
casual vacancies and long-term voids.
Based on information provided by local authorities throughout the country, and with regard
to the funding available, an allocation of €5.5million has been provided to Dublin City Council
for the Energy Efficiency/Voids programme in 2011. 25% of this has already been paid to
the Council.
A further €24 million has been allocated to Dublin City Council under its social housing
improvement works programme covering regeneration and remedial works. My Department
remains committed to funding of improvement works throughout the City Council area having
regard to available resources and competing demands.
Local Authority Housing
393. Deputy Maureen O’Sullivan asked the Minister for the Environment, Community and
Local Government the position regarding the funding that was set aside for senior citizen
housing (details supplied) when planning permission was granted for 99 apartments. [9213/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): Dublin City Council is working with the voluntary body concerned
to progress this project in accordance with the terms and conditions of my Department’s Capital
Assistance Scheme, including the requirements of the Capital Works Management Framework.
272

Questions— 3 May 2011. Written Answers
Following receipt of a detailed report from Dublin City Council in December 2010, my
Department wrote to the Council in March 2011 seeking clarification on a number of issues.
This information will be considered by my Department upon submission by the Council. A
related request from the Council for a revised budget for the demolition of the existing building,
which was previously approved, is currently being considered by my Department.
394. Deputy Patrick O’Donovan asked the Minister for the Environment, Community and
Local Government the position regarding a scheme (details supplied) which was referred to
him by Limerick County Council. [9254/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): My Department’s involvement with voluntary and co-operative housing
schemes relates primarily to the provision of funds for individual projects. The detailed
administration of the schemes, and the certification that projects comply with the terms and
conditions of the funding schemes, are the responsibility of the relevant local authority.
It is thus a matter for each local authority to prioritise voluntary housing projects for funding
under my Department’s capital funding schemes. The project in question was not included in
the work programme for 2010 primarily because it was not afforded a sufficiently high priority
by Limerick County Council. It is intended to issue a call for proposals in the course of 2011
for new voluntary housing projects for inclusion in the work programme. It will be a matter
for Limerick County Council to prioritise projects locally having regard to the relative merit
of any proposals received and the extent to which they meet housing need.
Local Authority Projects
395. Deputy Brendan Ryan asked the Minister for the Environment, Community and Local
Government if he will re-evaluate the policy which prevents Fingal County Council from spending
existing capital reserves built-up over a number of years on much needed and long-awaited
community projects. [9259/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): In
February 2009, my Department set out details of the financial requirements for local authorities
relating to their overall management of capital and current accounts. These requirements flow
directly from the requirement for Government finances as a whole to be managed in accordance
with the Stability and Growth Pact established under the Maastricht Treaty, and the
associated limitation on budget deficits.
The Government set a limit of €200m for the contribution of the local government sector to
the deterioration in the General Government Balance in any one year. This was not a new
requirement. However, the downturn in the economy and substantial pressures on Government
funding generally required a sharp focus in all sectors, including local authorities, to ensure
effective control and management of public finances.
In order to stay within the overall GGB limits, it is necessary for local authorities to maintain
both their current and capital accounts broadly in balance. The only restriction on local authorities
is that, in aggregate, capital income equal capital expenditure in the year. Balance is
only required at an overall level and this allows considerable scope for authorities to draw on
their existing capital reserves as an element of their overall investment programme. The precise
manner in which capital and current accounts are managed in order to achieve the overall
balance necessary is a matter for individual local authorities themselves.
However, within these overall limits, there is additional capacity for non-mortgage borrowing
and the expenditure of capital balances on hand by local authorities. Subject to the maintenance
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[Deputy Phil Hogan.]
Questions— 3 May 2011. Written Answers
of balanced current and capital accounts, and allowing for the repayment of existing borrowings,
up to €250m in new loan finance and expenditure of capital balances on hand can be
made available to the local government sector annually to fund capital investment in necessary
infrastructure projects. The process of prioritising applications for such projects is near completion
and my Department has been guided by local authorities in respect of the most critical
projects requiring funding at this time.
While I appreciate that these GGB requirements impose limitations on local authorities,
there are considerable funding constraints at all levels of Government and local authorities
cannot be immune to the effects of the downturn in the economy. It is a matter for every local
authority, including Fingal County Council, to determine its own spending priorities in the
context of the annual budgetary process having regard to both locally identified needs and
available resources within the GGB limits as set out.
My Department will continue to work with all local authorities to ensure that, within the
context of the overall GGB requirements, decisions on matters of capital investment are taken
in a way which maximise available resources and give the necessary prioritisation to environmental,
economic and social infrastructure.
Planning Issues
396. Deputy Michelle Mulherin asked the Minister for the Environment, Community and
Local Government the length of time it takes An Bord Pleanála to issue a decision in relation
to a planning appeal distinguishing between residential cases and non-residential development.
[9298/11]
397. Deputy Michelle Mulherin asked the Minister for the Environment, Community and
Local Government the length of time An Bord Pleanála takes to issue a decision upon an
application for confirmation of a compulsory purchase order. [9300/11]
414. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local
Government his plans to reform An Bord Pleanála. [9530/11]
415. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local
Government his views on the practice of members of An Bord Pleanála, whereby they go
against the express advice and conclusions of inspectors reporting to the board in relation to
specific planning cases. [9531/11]
424. Deputy Clare Daly asked the Minister for the Environment, Community and Local
Government his views on the circumstances in which An Bord Pleanála should over-rule its
own inspector’s report. [9775/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): I propose to take Questions Nos. 396, 397, 414, 415 and 424 together.
The Planning and Development Act 2000 provides that the decision making authority for
An Bord Pleánala rests with the Board itself and not with any individual inspector who may
report on a case. The Board, in almost all cases which come before it, commissions an inspector’s
report on the case and it has the benefit of this assessment as an aid to its overall consideration
of the matter. Statistics for the year 2010 indicate that the Board did not accept the
substantive recommendation of the inspector in 14.5% of cases. Section 34(10) of the Act
provides that in such cases the Board is required to indicate the reason(s) for not accepting
the inspector’s recommendation in its decision on the particular case.
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Questions— 3 May 2011. Written Answers
Inspectors’ reports and the Board’s decisions are available to the public within three working
days of each decision. This provides the necessary transparency to the process and enables the
rationale for the Board’s decision to be fully understood by all participants in the planning
process.
Under sections 126 and 221 of the Planning Act, An Bord Pleanála is subject to a statutory
objective to determine any planning appeal case within a period of 18 weeks from the date of
its receipt, and to determine an application for confirmation of a compulsory purchase order
within 18 weeks beginning on the last day for the receipt of objections to the order.
Figures distinguishing between residential and non-residential appeal cases are not available.
My Department understands from An Bord Pleanála that there would not be any significant
divergence between such categories of cases.
There are no figures available isolating compulsory purchase orders from the full range of
applications which come before the Board for decision —in this regard, compulsory purchase
orders are often processed in association with the parallel development consent application. In
March 2011, 74% of all cases which came before the Board, including planning appeal cases
and confirmation of compulsory purchase orders were disposed of within the statutory objective
period.
The Planning and Development (Amendment) Act 2010 introduced a range of measures to
improve the throughput and performance of An Bord Pleanála. The performance of An Bord
Pleanala, and the Department’s agencies more generally, remains under ongoing review
through mechanisms in place under the Croke Park Agreement. The use of Service Level
Agreements in order to optimise governance and performance arrangements in the Department’s
agencies is also under consideration.
Foreshore Licences
398. Deputy Michelle Mulherin asked the Minister for the Environment, Community and
Local Government the number of applications for foreshore licences that have issued in the
past five years the number of applications outstanding; and the length of time of same.
[9301/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): Following the enactment of the Foreshore and Dumping at Sea
(Amendment) Act, 2009, my Department assumed responsibility on 15 January 2010 for a
range of foreshore functions including all foreshore energy-related developments (including
oil, gas, wind, wave and tidal energy). Responsibility for foreshore projects relating to aquaculture
and sea fisheries remained with the Minister for Agriculture, Fisheries and Food.
Since the transfer of certain foreshore functions into my Department 46 applications for
leases and licences have secured Ministerial approval and 30 leases and licences have been
executed. There are 300 active applications for a lease or licence currently on hand. Of these,
60 applications have secured Ministerial approval and are awaiting finalisation of the necessary
legal documentation. The remaining applications vary in terms of the nature and size of the
project, level of complexity and state of progression through the foreshore consent process. Of
the 300 applications currently on hand, 47 were received since the transfer of functions into
my Department.
Departmental Bodies
399. Deputy John McGuinness asked the Minister for the Environment, Community and
Local Government further to Parliamentary Question No. 65 of the 31 March 2011, the cost to
275

[Deputy John McGuinness.]
Questions— 3 May 2011. Written Answers
him of the two boards mentioned; the payments made to each board member and the chairperson;
the future costs of the appeals board and professional practice committee once
appointed; if he has considered a more cost effective and efficient way of dealing with this type
of registration in view of the fact that to date there is only one application; and if he will make
a statement on the matter. [9310/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): The day to day administration of the register for architects provided
for under Part 3 of the Building Control Act 2007 is carried out by the Royal Institution of
Architects of Ireland in its capacity as the designated registration body. All costs are met from
funds arising from fees charged for the purposes of registration and no direct costs to the
Exchequer arise from the operation of the register.
My Department does not maintain details of payments to individual board members. A fee
equivalent to €9,000 per annum is currently paid to the chairpersons of both the Admissions
Board and the Technical Assessment Board and a similar arrangement will apply in the case
of the chairpersons of the Appeals Board and the Professional Practice Committee once the
necessary appointment are made in the near future. No fee is paid to other members of the
relevant boards or committees but vouched expenses may be claimed.
I have no plans to change the arrangements for registration as set out in the Building Control
Act 2007. My Department has liaised closely with the registration body to ensure that robust
arrangements for the registration of architects are achieved in practice in a cost effective and
efficient manner and this will continue to be the case.
Community Development
400. Deputy Dara Calleary asked the Minister for the Environment, Community and Local
Government the position regarding a dormant accounts funding application for RAPID areas
(details supplied). [9331/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): In
relation to the proposal to allocate additional funding for the areas in question from the Dormant
Accounts Fund, projects have been assessed and prioritised by Pobal, and these are
currently being considered by my Department in the context of the reduced level of funding
available in the current year, and also in the context of the review of expenditure that is being
undertaken. Any decisions arising will be notified to all applicants as soon as possible.
Water Charges
401. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and
Local Government his plans to install water meters in households; the money that has been
allocated to this; and when spending on same will commence. [9360/11]
407. Deputy Simon Harris asked the Minister for the Environment, Community and Local
Government if the proposed water charges will apply to those with their own private source of
water and without access to a public water supply; and if he will make a statement on the
matter. [9428/11]
426. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and
Local Government his views that legal advice as to whether or not a domestic water charging
model involving a free allowance is permissible under the EU water directive should be sought
276

Questions— 3 May 2011. Written Answers
prior to the State spending any money that would bring us down that route for example on the
installation of meters. [9783/11]
427. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and
Local Government if he will seek legal advice as to whether or not a domestic water charging
model involving a free allowance is permissible under the EU water directive and amend the
terms of reference contained in the request for tenders for consultancy services on the establishment
of a water utility accordingly which currently assume the introduction of such a charging
regime. [9784/11]
428. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and
Local Government the reason the terms of reference contained in the request for tenders for
consultancy services on the establishment of a water utility published by him on 7 April 2011
assume the introduction of a charging regime for domestic use of water when the law prohibits
such charges; and if he will amend the terms of reference to reflect this reality which was
legislated into being by the Houses of the Oireachtas. [9785/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Fergus O’Dowd): I propose to take Questions Nos. 401, 407 and 426 to 428,
inclusive, together.
The Programme for Government proposes the installation of water meters in individual
households and the introduction of water charges based on usage above a free allowance. The
Department of the Environment, Community and Local Government is currently preparing a
strategy to implement these proposals, including the funding of the metering programme.
Further details will be made available following Government consideration of the proposals.
The Department is also preparing legislation to allow for the introduction of domestic water
charges. The advice of the Attorney General will be obtained on all aspects of the draft legislation
before it is finalised, including compliance with EU legislation and the treatment of
households with their own private source of water or without access to a public water supply.
The Programme for Government also proposes the establishment of a new State-owned
water company. The Memorandum of Understanding between Ireland and the European
Union and International Monetary Fund commits Ireland to undertaking an independent
assessment of the establishment of a water utility. The Memorandum also commits Ireland to
introducing domestic water charges no later than 2013. The terms of reference for the independent
assessment were drafted with regard to these commitments and the proposals contained
in the Programme for Government.
Environmental Policy
402. Deputy Simon Harris asked the Minister for the Environment, Community and Local
Government his views on restricting the number of election posters permitted for use in both
national and local elections; and if he will make a statement on the matter. [9364/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My
Department held a public consultation on the control of postering for elections and referenda
in Autumn 2008. Following on from this, a number of measures, including restricting the
number of posters per candidate, were pilot tested during the 2009 Local and European Elections,
and local authorities were canvassed for their views on these measures.
Several local authorities indicated that any restriction on the number of posters per candidate
would be difficult to police effectively. There were also concerns that restricting the number
277

[Deputy Phil Hogan.]
Questions— 3 May 2011. Written Answers
of posters per candidate would favour larger parties with several candidates running, while
restricting the number of posters per party would disadvantage candidates with running mates.
Furthermore there were concerns that any such measures would disadvantage first time candidates
and thus interfere with the democratic process. Other concerns included the diverse
geographical nature of constituencies, e.g. small urban vs large rural.
As a result, no measures were introduced to restrict the number of posters at that time.
However, section 19 (7) of the Litter Pollution Act 1997 was amended by the Electoral
(Amendment) (No.2) Act 2009, to introduce a 30 day time limit prior to an election taking
place, during which election posters can be displayed. Prior to this amendment, the relevant
legislation had required that election posters be taken down within 7 days of an election;
however, no time limit had been specified for the period prior to an election within which
posters could be displayed. While not dealing directly with the number of election posters on
display, this legislation ensures that posters are only displayed for a limited period.
For the reasons outlined, I have no plans to restrict the number of election posters permitted
at this time.
Local Authority Charges
403. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local
Government his plans to introduce a national waiver system for rates (details supplied); and if
he will make a statement on the matter. [9367/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
Under the provisions of the Local Government (Rates) Act 1970, a rating authority may make
and carry out a scheme providing for the waiver by the authority of all or a portion of commercial
rates due by ratepayers in respect of a specified class or classes of property. The making
of such a scheme is subject to my consent as Minister for the Environment, Community and
Local Government.
There is currently no legal provision to introduce a national waiver scheme for rates. While
matters relating to rates are kept under regular consideration in my Department, I have no
immediate plans to bring forward legislative amendment in this area.
Local Authority Funding
404. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local
Government the funding allocated to each local authority under the disabled persons grant
scheme in 2010 and 2011; and if he will make a statement on the matter. [9384/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): The Housing Adaptation Grant Schemes for Older People and
People with a Disability, introduced in November 2007, are funded by 80% recoupment available
from my Department together with a 20% contribution from the resources of the local
authority. It is a matter for local authorities to decide on the specific level of funding to be
directed to each of the various grant measures from within the allocations notified to them by
my Department and to manage the operation of the schemes.
Details of the Exchequer funding provided to local authorities for these schemes in 2010 and
the total allocations from Exchequer and local authority sources for 2011 are set out in the
table below.
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Questions— 3 May 2011. Written Answers
Housing Adaptation Grants for Older People and People with a Disability
Local Authority 2010 2011
€ €
Carlow County Council 1,442,253 1,349,014
Cavan County Council 1,309,505 1,879,903
Clare County Council 2,729,965 3,000,000
Cork County Council 7,907,231 6,250,364
Donegal County Council 2,937,585 3,100,769
Dun Laoghaire/Rathdown County Council 1,543,665 1,165,228
Fingal County Council 2,077,655 2,072,365
Galway County Council 1,755,390 2,387,900
Kerry County Council 3,335,277 3,459,023
Kildare County Council 3,892,484 3,563,545
Kilkenny County Council 1,525,756 1,867,500
Laois County Council 1,470,201 1,146,093
Leitrim County Council 1,061,448 990,189
Limerick County Council 2,280,186 1,719,225
Longford County Council 1,108,804 1,260,000
Louth County Council 2,135,268 1,345,716
Mayo County Council 2,923,310 2,724,401
Meath County Council 1,471,324 1,464,096
Monaghan County Council 1,373,165 1,319,083
North Tipp County Council 1,630,108 1,607,181
Offaly County Council 1,762,852 2,059,313
Roscommon County Council 2,195,962 2,562,790
Sligo County Council 810,093 997,800
South Dublin County Council 2,452,393 3,084,098
South Tipp County Council 2,477,713 3,125,000
Waterford County Council 1,559,940 1,238,324
Westmeath County Council 1,609,193 1,143,266
Wexford County Council 2,684,425 2,603,404
Wicklow County Council 1,867,337 1,151,969
Cork City Council 2,385,188 2,707,916
Dublin City Council 9,174,558 11,361,211
Galway City Council 381,975 1,024,632
Limerick City Council 2,065,845 1,525,000
Waterford City Council 793,357 790,310
Sligo Borough Council 523,866 418,084
Fire Service
405. Deputy Anne Ferris asked the Minister for the Environment, Community and Local
Government his plans to establish a National Fire Authority as recommended by the Farrell
Grant Sparks Report, 2002, following an in-depth analysis of the fire services and as promised
by a previous Minister for the Environment in 2004; and if he will make a statement on the
matter. [9424/11]
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Questions— 3 May 2011. Written Answers
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
The report of the Review of Fire Safety and Fire Services in Ireland was published by my
Department in 2002.
Among the principal recommendations in the Report was a greater focus on fire safety,
including the introduction of community fire safety initiatives; the enhancement of fire safety
legislation, the adoption of a risk-based approach to determining emergency cover as well as
new approaches and structures for major emergency management. In addition the Report
called for continued capital investment to improve infrastructure and further development of
safety, health and welfare arrangements. A great deal has been accomplished in the last decade
since the publication of the Report and its key recommendations have been implemented. For
example, substantial financial resources were provided to local authorities over the last ten
years, and have resulted in a quality fire and rescue infrastructure throughout the country. Our
emergency management arrangements are in line with best international practise and fire safety
legislation was strengthened in 2003.
In relation to the specific matter raised in the question, the establishment of the National
Directorate for Fire and Emergency Management in 2009 addressed conclusively the Farrell
Grant Sparks recommendation on revised institutional arrangements at central Government
level. The new structures confirm responsibility for local delivery of fire services, as recommended
at paragraph 5.58 of Report, while strengthening the national oversight and leadership
role appropriately. The National Directorate, which is located in my Department, has taken
over the functions of the Fire Services Council, and is an approach in keeping with the necessary
reduction of agencies, while providing appropriate political accountability.
Building Regulations
406. Deputy Terence Flanagan asked the Minister for the Environment, Community and
Local Government if he will respond to correspondence regarding fire protection (details
supplied); and if he will make a statement on the matter. [9426/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The
national Building Regulations set out the legal requirements for the design and construction of
new buildings, including houses, extensions and material alterations and certain changes of use
of existing buildings. The related Technical Guidance Documents provide technical guidance
on how to comply with the Regulations. Part B (Fire Safety)/Technical Guidance Document B
sets out the requirements in relation to fire protection as referenced in the correspondence
in question.
Compliance with the Regulations is the responsibility of the owner or builder of a building.
The resolution of problems arising between building owners and builders is a matter for the
parties concerned, namely the building owner, the relevant developer and the builder’s insurers.
Where the construction of a building is the subject of a contract between a client and the
builder, enforcement is a civil matter.
Enforcement of the Regulations is the responsibility of the 37 local building control authorities
who are empowered to carry out inspections and initiate enforcement proceedings,
where considered necessary. Local Authorities also carry out statutory functions as fire authorities
under the Fire Services Act 1981.
The correspondence in question is a matter for the relevant local authorities who I understand
will deal with the matter as appropriate in line with the standard arrangements in place
for the discharge of their statutory functions.
280

Questions— 3 May 2011. Written Answers
Question No. 407 answered with Question No. 401.
Question No. 408 answered with Question No. 384.
Unfinished Housing Estates
409. Deputy Joe Carey asked the Minister for the Environment, Community and Local
Government his plans to address the growing problem of unfinished housing estates; and if he
will make a statement on the matter. [9438/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): The high-level Advisory Group on Unfinished Housing Developments,
established in October 2010 following the publication of my Department’s National
Housing Development Survey database, is identifying practical and policy solutions to address
the difficulties associated with unfinished housing developments effectively and promptly. On
foot of the interim analysis and findings of the Advisory Group, which was published on 17
February 2011, initial funding of €5 million is being made available to local authorities to deal
with immediate safety issues and works to improve the living conditions for existing residents.
My Department has put in place the necessary arrangements for local authorities to make
applications for funding for the most urgent and serious cases.
The initial findings of the Advisory Group indicate that action on unfinished housing developments
will require:
• a collaborative approach by all stakeholders working together to co-ordinate their
efforts to resolve the unfinished developments;
• an immediate focus on public safety aspects and critical issues affecting residents of
developments;
• a structured and prioritised approach by local authorities supported by central
resources;
• the use of Site Resolution Plans and, where appropriate, innovative options such as
residents and community involvement, co-operatives and self-build within the resolution
process; and
• national co-ordination and monitoring of regionally and locally organised efforts to
tackle the problem.
I expect the Advisory Group’s Final Report to be submitted to me shortly; I will consider its
findings and recommendations as a matter of urgency and will bring proposed actions and
recommendations to Government for approval.
Water and Sewerage Schemes
410. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local
Government if a sewage scheme (details supplied) in County Kerry will be included for funding
as an integrated constructed wetland; and if he will make a statement on the matter. [9444/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I
expect to make decisions shortly in relation to the applications submitted by local authorities
for funding under my Department’s proposed new initiative relating to Integrated Constructed
Wetlands. The application referred to in the Question was one of a large number of applications
submitted under the initiative.
281

Questions— 3 May 2011. Written Answers
Private Rented Accommodation
411. Deputy Simon Harris asked the Minister for the Environment, Community and Local
Government the timeframe for the introduction of a deposit retention scheme for those living
in private rental accommodation, as outlined in the programme for Government; and if he will
make a statement on the matter. [9478/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): I refer to the reply to Question No. 107 of the 6 of April 2011, which
sets out the position on this matter.
Election Management System
412. Deputy Simon Harris asked the Minister for the Environment, Community and Local
Government his plans to reform the system of voter registration; if a system linked to PPS
numbers is under consideration; and if he will make a statement on the matter. [9479/11]
413. Deputy Simon Harris asked the Minister for the Environment, Community and Local
Government his plans to introduce an Electoral Commission to take over the responsibility of
managing the register of electors from individual local authorities; and if he will make a statement
on the matter. [9480/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I
propose to take Questions Nos. 412 and 413 together.
In law, the preparation of the Register of Electors is a matter for each local registration
authority. It is their duty to ensure, as far as possible and with the cooperation of the public,
the accuracy and comprehensiveness of the Register. While there have been improvements in
these regards in recent years, I am satisfied that further improvements can be made.
The Programme for Government contains a commitment to establish an Electoral Commission
to subsume functions of existing bodies and my Department. An Electoral Commission
will be an important element in a reformed and revitalised electoral system and I am currently
giving consideration to how the necessary measures to establish, such a Commission can be
advanced, including its structure and functions. I will, in that context, give consideration to
issues raised concerning the electoral register.
Questions Nos. 414 and 415 answered with Question No. 396.
Local Authority Funding
416. Deputy Simon Harris asked the Minister for the Environment, Community and Local
Government the funds allocated to Wicklow County Council in each of the years from 2002 to
2011; if he will provide a breakdown of the intended purpose of such funding; and if he will
make a statement on the matter. [9547/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
Information on funding provided to Wicklow County Council in respect of the main programmes
for which my Department is responsible is set out in the following table.
2004 1 2005 2006 2007 2008 2009 2010 2011 — to
date
€ € € € € € € €
Housing 30,460,168 35,593,746 36,561,428 31,809,817 41,487,857 29,907,855 22,212,254 730,282
Water Services 4,322,610 8,772,810 8,118,792 12,557,888 19,821,989 22,862,548 10,312,784 1,066,250
282

Questions— 3 May 2011. Written Answers
2004 1 2005 2006 2007 2008 2009 2010 2011 — to
date
Local Government
Fund 15,717,000 17,437,000 18,991,000 20,311,000 22,075,000 20,122,000 19,848,087 17,777,938
Fire Services 606,493 981,443 289,566 290,029 131,875 1,005,290 308,710 146,681
Libraries 200,478 1,076,246 483,556 322,493 95,678 410,124 1,127,739 0
1
Information in respect of 2002/3 is not readily available — a new financial accounting system was introduced in the Department
in 2004.
Programme for Government
417. Deputy John McGuinness asked the Minister for the Environment, Community and
Local Government the specific proposals in the Programme for Government for which he is
responsible; the target dates which he has agreed in relation to the delivery of these proposals;
and if he will publish an implementation schedule. [9584/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
The Government for National Recovery Programme 2011-2016 outlines the Government priorities
over the next five years. It includes a strong focus on the environmental, community and
local government areas and sets an ambitious work programme for me and my Department. It
is my intention to implement fully the specific proposals within my Department’s responsibility
during the next five years.
In this context, my core objectives are to maximise support for job creation given the overriding
importance of job creation across all Government programmes; to progress early policy
and legislative commitments in the Programme for Government; to review capital and current
expenditure and deliver on relevant commitments in the Memorandum of Understanding
agreed by the Government with the EU/IMF; to achieve structural and organisational change
to support my Department’s new configuration and expeditiously to address EU environmental
compliance matters.
Arising from the EU/IMF Programme of Financial Support for Ireland, my Department
is progressing relevant commitments in the Memorandum of Understanding agreed by the
Government with the EU/IMF.
The Structural Reform elements relevant to my Department are:
To encourage growth in the retail sector — Study on the economic impact of eliminating
the size cap on retail premises and discuss implementation of policy implications with the
Commission services. (To be completed by end Q3 2011), and
In advance of the introduction of water charges — Undertake independent assessment of
transfer of responsibility for water services provision from local authorities to a water utility,
and prepare proposals for implementation, as appropriate, with a view to start charging in
2012/2013. (To be completed by end Q4 2011).
The Structural Fiscal Reform elements relevant to my Department are:
To reinforce a credible budgetary strategy — Voluntary 15 day rule on prompt payments
extended to the Health Service Executive, local authorities and state agencies. (To be completed
by end Q2 2011), and
To facilitate better government at a local level — Effective measures in place to cap the
contribution of the local government sector to general government borrowing at an acceptable
level. The mechanisms in place to underpin this position will also consider how to
283

[Deputy Phil Hogan.]
Questions— 3 May 2011. Written Answers
provide data on the financial position including assets and liabilities of the sector on a timelier
basis. (To be completed by end Q3-2011).
The Government’s legislation programme for the summer session 2011, published on 5 April,
contains in respect of my Ministerial Portfolio a range of Bills published and in preparation
which will be advanced as rapidly as possible this year.
I am committed to the active delivery of all Programme for Government priorities and am
working closely with colleagues across Government to that end.
Local Authority Housing
418. Deputy Jim Daly asked the Minister for the Environment, Community and Local
Government his plans to introduce a scheme to assist in the completion of partially constructed
one off dwellings to be used as principal private residences; and if he will make a statement on
the matter. [9598/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): I have no plans to introduce such a scheme.
Water and Sewerage Schemes
419. Deputy Seán Kyne asked the Minister for the Environment, Community and Local
Government the position regarding the provision of a sewerage scheme for Clifden County
Galway; his views on the failure of Clifden beach to comply with the minimum EU water
quality standards; and if he will make a statement on the matter. [9628/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan):
The Water Services Investment Programme 2010-2012, a copy of which is available in the
Oireachtas Library, provides for the development of a comprehensive range of new water
services infrastructure in County Galway. The Clifden Sewerage Scheme is included in the
Programme amongst the list of contracts in the county to start in the period 2010-2012. My
Department is finalising its examination of Galway County Council’s Contract Documents for
the scheme and a decision will be conveyed to the Council as soon as possible. Once approved,
the Council can then proceed to invite tenders for the construction of the scheme.
The scheme itself will provide Clifden with a new wastewater treatment plant and an
improved wastewater collection network. It will reduce pollution and improve local bathing
water quality. The scheme will also greatly expand the quality and scale of the wastewater
infrastructure in the county and will provide capacity to support economic growth and to facilitate
new development, while also preserving environmental and water quality standards.
420. Deputy James Bannon asked the Minister for the Environment, Community and Local
Government if he will provide advanced funding for a new sewerage treatment plant at a
location (details supplied) in County Longford; and if he will make a statement on the
matter. [9671/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I
understand that the scheme referred to is being advanced, or being considered for advancement,
by Longford County Council under the Small Public Water and Sewerage schemes
element of its Rural Water Programme. In February 2011 a block grant allocation of €323,000
was announced by my Department for Small Public Water and Sewerage Schemes in Longford.
Responsibility for the administration of the Rural Water Programme has been devolved to
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Questions— 3 May 2011. Written Answers
local authorities since 1997. The selection and approval of individual schemes for advancement
and funding under the programme, within the overall priorities set by my Department and
subject to the block grant allocations provided, is, therefore, a matter for the local authorities.
Accordingly, information in relation to funding of this scheme may be sought from Longford
County Council.
Question No. 421 answered with Question No. 379.
Social and Affordable Housing
422. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community
and Local Government the number of affordable home purchases in 2009, 2010 and to date in
2011. [9730/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): Information on the number of affordable units purchased to the end
of 2008 can be found in my Department’s annual Housing Statistics Bulletins which are available
on www.environ.ie Full details for the year ending 31 December 2009 will be published
on the website in the coming weeks. The information regarding 2010 and 2011 is still being
collected by my Department.
Departmental Funding
423. Deputy Clare Daly asked the Minister for the Environment, Community and Local
Government if he will intervene with Dublin City Council to facilitate an organisation (details
supplied) which provides valuable community services and faces eviction from its premises.
[9771/11]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): It
is understood from inquiries that the issue raised in the Question is currently before the Courts
and that Dublin City Council is not party to the proceedings. I have no function in this matter.
Question No. 424 answered with Question No. 396.
Departmental Schemes
425. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and
Local Government the number of persons who have availed of the home choice loan; the cost
to administer this scheme and the future of this scheme. [9777/11]
Minister of State at the Department of the Environment, Community and Local Government
(Deputy Willie Penrose): To date, 129 applications have been made under the Home Choice
Loan scheme. Of these, 22 have been approved, with 10 loans now drawn down, 7 have been
withdrawn and the remaining applications have been declined.
The total cost to date of administering the scheme is approximately €306,000. These costs
were met fully from within existing resources of the Affordable Homes Partnership and, since
its establishment on an administrative basis, the Housing and Sustainable Communities Agency.
It should be noted that a significant element of the total cost was incurred in the development
of the loan processing model which applies to the Home Choice Loan but which has also now
been used in the development of revised systems for processing and credit checking of normal
local authority house purchase loan applications under other schemes such as affordable housing,
shared ownership etc. This new model has been highly effective in improving the loan
285

[Deputy Willie Penrose.]
Questions— 3 May 2011. Written Answers
processing procedures, providing for more rigorous credit checking and allowing for more
prudential mortgage lending generally by local authorities.
The scheme is intended to be a temporary one which will be withdrawn once conditions in
credit markets return to normal patterns. Recent data published by the Central Bank would
indicate that that point has not yet been reached.
Questions Nos. 426 to 428, inclusive, answered with Question No. 401.
Departmental Bodies
429. Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will consider,
in the interests of independence, transparency and accountability, making the Irish Human
Rights Commission directly accountable to the Houses of the Oireachtas instead of his Department.
[9016/11]
Minister for Justice and Equality (Deputy Alan Shatter): Under current legislation the Chief
Executive of the Commission is accountable to the Public Accounts Committee. The Commission
can also be required to make a presentation to an Oireachtas Committee on any matter
that has been considered by the Commission. I am satisfied that the independence of the
Commission and its ability under current arrangements to discharge its responsibilities in a
transparent way are not in doubt.
Human Rights Issues
430. Deputy Gerald Nash asked the Minister for Justice and Equality his plans to recognise
Travellers as a distinct ethnic group; and if he will make a statement on the matter. [9107/11]
Minister for Justice and Equality (Deputy Alan Shatter): The Traveller Policy Division of
my Department has had discussions with the five National Traveller Groups about the ethnicity
issue. The question has also been the subject of extensive discussion at meetings of the National
Traveller Monitoring and Advisory Committee. Discussions with the five National Traveller
Organisations around the issue of ethnicity have shown that there is a wide divergence of
opinion among Irish Travellers in relation to the question of ethnicity. There is a need for
discussions to take place in the Traveller community around this issue and full consideration
given to the implications and consequences of any such recognition.
Whether or not Travellers are considered to form a distinct ethnic group in Irish society is
of no domestic legal significance, since the key anti-discrimination measures, the Incitement to
Hatred Act, 1989, the Unfair Dismissals Acts 1977, the Employment Equality Acts and the
Equal Status Acts specifically identify Travellers by name as a social group which is given
special protection in law. The Equality Act 2004, which transposed the EU Racial Equality
Directive, applied all the protections of that Directive across all the grounds, including the
Traveller community ground.
Proposed Legislation
431. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality when will
promised legislation, contained in the programme for Government, in respect of people of nonfaith
or minority backgrounds and publically identified lesbian gay bisexual transgender people
who should not be deterred from training or taking up employment as teachers in the State,
be brought forward to amend section 37(1) of the Employment Equality Act which allows
educational, medical and religious institutions to give more favourable treatment on the religion
286

Questions— 3 May 2011. Written Answers
ground to an employee or a prospective employee over that person where it is reasonable to
do so in order to maintain the religious ethos of the institution; and if he will make a statement
on the matter. [9420/11]
Minister for Justice and Equality (Deputy Alan Shatter): Employment equality legislation
aims to strike a necessary and appropriate balance between the right to the free profession and
practice of religion, recognised by the Constitution and the principle of equality and has done
so by providing a qualified exception, of limited scope, in Section 37(1) of the Employment
Equality Act. Only where it is reasonable to do so and in order to maintain the religious ethos
of a religious, educational or medical institution, may more favourable treatment be given
under the law on the religion ground to employees or prospective employees. Similarly such
institutions may take action, only where it is reasonable to do so, to prevent undermining of
the institution’s religious ethos by an employee or prospective employee. Application of this
provision is, moreover, subject to review by a court or tribunal, such review being on an objective
basis and having regard to the need to reconcile the various constitutional rights involved.
In the case of admissions to Colleges of Education, the position as regards the Church of
Ireland College of Education, whose remit is to provide teachers for the Protestant primary
school sector, is that it may reserve places on the Bachelor of Education for students from
Protestant backgrounds. The other Colleges of Education accept students of all faiths, non faith
or minority backgrounds and publicly identified lesbian, gay, bisexual and transgender people
on their teacher education programmes. Places on the Bachelor of Education programmes are
allocated, in the main, through the CAO system and are merit based for the post graduate
courses.
In the context of the programme commitment, when speaking recently to the annual congress
of the Teachers Union of Ireland my colleague the Minister for Education and Skills referred
to the position of lesbian, gay, bisexual and transgender people in relation to the school system
in particular. Officials from my Department and the Department of Education and Skills will
work together to determine what actions might be appropriate to move this issue forward.
Pending conclusion of these discussions and any discussions the Minister for Education and
Skills may wish to have with the education partners, I cannot anticipate what action the
Government might approve in this area or whether this will involve amending legislation or
other, non-legislative initiatives.
Crime Prevention
432. Deputy Brendan Griffin asked the Minister for Justice and Equality his plans to tackle
juvenile crime including knife carrying and anti social behaviour; and if he will make a statement
on the matter. [9544/11]
Minister for Justice and Equality (Deputy Alan Shatter): In tackling youth crime, the
Government subscribes to the principles of the Children Act 2001, as amended, which set out
an incremental process of diversion from the formal criminal justice system, community sanctions
as alternatives to custody and detention as a measure of last resort. In the case of antisocial
behaviour the diversion process includes the use of warnings, good behaviour contracts
and anti-social behaviour orders, where appropriate.
The Diversion Programme operates in accordance with Part 4 of the Children Act 2001, as
amended, and under the general superintendence and control of the Garda Commissioner. The
aim of the Programme is to deal with children who offend, by way of administering a formal
or informal caution, thus diverting the offender away from the courts and minimising the likelihood
of further offending. The Programme has proven to be successful in diverting young
287

[Deputy Alan Shatter.]
Questions— 3 May 2011. Written Answers
offenders away from crime and anti-social behaviour by offering guidance and support to the
young people and their families.
I am currently awaiting the submission by the Garda Commissioner of the 2010 Annual
Report of the Committee appointed to monitor the effectiveness of the Diversion Programme.
The report will be laid before the Houses of the Oireachtas as soon as possible after it is
received.
The Programme for Government includes a number of significant commitments which will
impact on youth crime. We will ensure that highly trained Gardaí are freed from administrative
duties to concentrate on crime prevention and detection. To this end I will continue to support
the changes currently being implemented to free Gardaí from the burden of administrative and
financial management of Garda Youth Diversion Projects, thus allowing them to work more
closely with the projects on crime reduction/prevention role. We will build on the existing
community policing partnerships and forums to enhance trust between local communities and
their Gardaí. We will attach a higher priority to community policing in order to deliver higher
Garda visibility, within available resources, in the neighbourhoods worst affected. We will give
a special emphasis to alternative programmes for young offenders through extensions to the
Juvenile Liaison Officer Scheme and the Diversion Programme, and we will examine outcomesbased
contracts with community organisations to help reduce re-offending by young people.
I will be considering the implementation of these measures in consultation with the Garda
Commissioner and with my colleague the Minister for Children and Youth Affairs in the context
of the transfer of functions to her Department.
Citizenship Applications
433. Deputy Terence Flanagan asked the Minister for Justice and Equality the position
regarding naturalisation in respect of a person (details supplied) in Dublin 17; and if he will
make a statement on the matter. [9034/11]
Minister for Justice and Equality (Deputy Alan Shatter): An application for a certificate of
naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship
Division of my Department in April 2008. My predecessor decided to grant citizenship
and the applicant was informed of this in a letter issued to her on 28 April 2011. I shouldremind
the Deputy that queries in relation to the status of individual Immigration cases may be made
direct to INIS by Email using the Oireachtas Mail facility which has been specifically established
for this purpose. The service enables up-to-date information on such cases to be obtained
without the need to seek this information through the more administratively expensive
Parliamentary Questions process.
Garda Complaints Procedures
434. Deputy Peter Fitzpatrick asked the Minister for Justice and Equality if he will arrange
for the payment of compensation to a person (details supplied) arising from damage to property
by members of the Garda Síochána in the course of their duties in February 2010; and if he
will make a statement on the matter. [9053/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have been advised by the State
Claims Agency that the person to whom this question relates, has initiated legal proceedings
in the matter and therefore it would be inappropriate for me to comment at this time.
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Questions— 3 May 2011. Written Answers
Citizenship Applications
435. Deputy Dominic Hannigan asked the Minister for Justice and Equality the steps a
person (details supplied) has to take to become an Irish citizen; and if he will make a statement
on the matter. [9081/11]
Minister for Justice and Equality (Deputy Alan Shatter): Officials in the Citizenship section
of my Department inform me that there is no record of an application for a certificate of
naturalisation from the person referred to in the Deputy’s question.
The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may,
in his absolute discretion, grant an application for a certificate of naturalisation provided certain
statutory conditions are fulfilled. In the case of a non-national applicant who is the spouse of
an Irish citizen those conditions are that the applicant must—
— be of full age;
— be of good character;
— be married to the Irish citizen for at least 3 years;
— be in a marriage recognised under the laws of the State as subsisting;
— be living together as husband and wife with the Irish spouse;
— have had a period of one year’s continuous residency in the island of Ireland immediately
before the date of the application and, during the four years immediately preceding
that period, have had a total residence in the island of Ireland amounting to
two years;
— have made, either before a Judge of the District Court in open court or in such a
manner as the Minister, for special reasons, allows, a declaration in the prescribed
manner, of fidelity to the nation and loyalty to the State.
In the context of naturalisation, certain periods of residence in the State are excluded. These
include—
— periods of residence in respect of which an applicant does not have permission to
remain in the State;
— periods granted for the purposes of study;
— periods granted for the purposes of seeking recognition as a refugee within the meaning
of the Refugee Act, 1996.
It is open to any individual to lodge an application for citizenship if and when they are in a
position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship
Act 1956 as amended.
I should remind the Deputy that queries in relation to the status of individual Immigration
cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been
specifically established for this purpose. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive Parliamentary Questions process.
289

Questions— 3 May 2011. Written Answers
436. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding
an application for naturalisation (details supplied) in Dublin 5. [9099/11]
Minister for Justice and Equality (Deputy Alan Shatter): Valid applications for a certificate
of naturalisation from the persons referred to in the Deputy’s Question were received in the
Citizenship Division of my Department in January 2009. The applications are currently being
processed with a view to establishing whether the applicants meet the statutory conditions
for the granting of naturalisation and will be submitted to me for decision as expeditiously
as possible.
In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I
can inform the Deputy that I have initiated steps within my Department to provide for speedier
processing of applications to bring about a substantial reduction in the processing timescale.
The new arrangements will be publicly announced once my Department is in a position to
implement them.
The granting of Irish citizenship through naturalisation is a privilege and an honour which
confers certain rights and entitlements not only within the State but also at European Union
level and it is important that appropriate procedures are in place to preserve the integrity of
the process.
I should remind the Deputy that queries in relation to the status of individual Immigration
cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been
specifically established for this purpose. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive Parliamentary Questions process.
Residency Permits
437. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the procedure
that should be followed by persons wishing to make fresh applications for residency in
the wake of the Zambrano judgment, including the section of Irish Naturalisation and Immigration
Service they should apply to and the documents they should include; and if he will
make a statement on the matter. [9124/11]
Minister for Justice and Equality (Deputy Alan Shatter): The Deputy should note that any
person wishing to have their position in the State examined in accordance with the principles of
the Zambrano Judgement must submit the following documentation to the INIS Repatriation
Division, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2.
(a) A colour copy of the bio-data page of the Irish citizen child’s passport.
(b) The Irish citizen child’s original birth certificate — a copy is not acceptable.
(c) A colour copy of the bio-data page of the applicant’s own passport.
(d) Two colour passport-sized photographs, signed on the back by the applicant.
(e) Documentary evidence that the Irish citizen child is living in the State.
(f) Proof of the applicant’s address and residence in Ireland (e.g. current utility bills etc).
(g) Documentary evidence of the role the applicant is playing in his/her child’s life (e.g.
letters from schools, crèches, etc).
(h) Any other information that the applicant considers relevant to his/her case.
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Questions— 3 May 2011. Written Answers
In addition, an applicant must provide answers to the following questions:
(a) Has he/she ever been convicted of a criminal offence in the State or abroad? If so,
he/she must provide specific details.
(b) Are there any charges pending against him/her in the State or aboard? If so, he/she
must provide details.
The terms of the Zambrano judgement will not be applied to third country parent(s) of an Irish
citizen child or children who have been convicted of serious and/or persistent criminal offences.
Upon receipt of the documentation and information referred to above, the matter will be
considered further, at which point it will decided whether the persons concerned qualifies for
residency in accordance with the Zambrano Judgment. In some cases, DNA evidence of a
biological link to the Irish citizen child or children may also be required. Once a decision has
been made, that decision and the consequences of the decision will be notified in writing to
the persons concerned.
Ministerial Staff
438. Deputy Brendan Smith asked the Minister for Justice and Equality the details of all
permanent Civil Service or non-established positions in his Department with regard to assisting
Ministers with constituency work; the monthly salaries for these positions; and if any further
appointments are envisaged. [9142/11]
Minister for Justice and Equality (Deputy Alan Shatter): There are one personal secretary
and two clerical officers in my constituency office, and their combined monthly salaries are
€7,520. I remind the Deputy that this Government has reduced the number of staff in Minister’s
constituency offices from six to four and that the staffing of my office complies with these
guidelines. Any further assignments will have regard to these guidelines.
Ministerial Appointments
439. Deputy Brendan Smith asked the Minister for Justice and Equality if he will list the
details of all State appointments open to direct choice by him on 10 March 2011. [9156/11]
Minister for Justice and Equality (Deputy Alan Shatter): I wish to inform the Deputy that
not all State appointments concerning agencies, boards, committees, etc. under the aegis of my
Department are open to the direct choice of the Minister. Many appointments are, for example,
prescribed by legislation or set out in terms of reference and, consequently, such appointments
may be restricted to the nominees of certain bodies or members of various professions, occupations
or organisations.
Bearing this in mind, the information requested by the Deputy is set out below.
Assistant Classifiers (Irish Film Classification Office)
Censorship of Publications Appeal Board
Censorship of Publications Board
Classification of Films Appeal Board
Commission for the Support of Victims of Crime
Committee Monitoring the effectiveness of the Diversion Programme
291

[Deputy Alan Shatter.]
Questions— 3 May 2011. Written Answers
Committee on Court Practice and Procedure
Courts Service Board
Criminal Law Codification Advisory Committee
Garda Arbitration Board
Garda Síochána Recipient, Office of
Independent Commission for the Location of Victims Remains
Independent Monitoring Committee for Refugee Legal Services
Inspector of Prisons
Internet Safety Advisory Council
Judicial Appointments Advisory Board
Legal Aid Board
Mental Health (Criminal Law) Review Board
Parole Board
Peace Commissioners
Prison Authority Interim Board
Prison Visiting Committees
Private Security Authority
Property Registration Authority
Property Services Regulatory Authority Implementation Group
Refugee Appeals Tribunal — Members
The Board of Children’s Detention Schools.
Garda Vetting Service
440. Deputy Simon Harris asked the Minister for Justice and Equality his plans to amend
the Garda vetting system to allow Garda clearance to be transferred, once granted, from one
organisation to another or one job to another within a reasonable timeframe; and if he will
make a statement on the matter. [9178/11]
Minister for Justice and Equality (Deputy Alan Shatter): The Garda Central Vetting Unit
(GCVU) provides employment vetting for a large number of organisations in Ireland registered
with the Garda for this purpose and which employ persons in a full-time, part-time, voluntary
or training capacity to positions where they would have substantial, unsupervised access to
children and/or vulnerable adults.
Garda vetting certificates are issued to specified registered organisations in respect of a
particular post or employment in response to a written request and with the permission of the
292

Questions— 3 May 2011. Written Answers
person who is the subject of that request. Decisions on the suitability for the
recruitment/engagement of the person concerned rest at all times with the recruiting
organisation.
The Garda Vetting certificate is non-transferable. It is important to emphasise that it is a
disclosure to the requesting, registered organisation of the position at the time when it is issued.
Furthermore, non-transferability protects against the risk of fraud or forgery of such certificates
and is a guarantee of the integrity of the vetting system.
Internet Crime
441. Deputy Derek Nolan asked the Minister for Justice and Equality the powers available
to the Garda to police the Internet and if these include the power to censor; the number of
officers tasked with policing the Internet; the parameters based on which policing takes place;
the cost of such policing; and if he will make a statement on the matter. [9210/11]
Minister for Justice and Equality (Deputy Alan Shatter): In the investigation of criminal
offences, including offences facilitated by use of the internet, the Garda Síochána make appropriate
use of the powers of investigation relevant to each offence.
I draw the attention of the Deputy to the fact that a number of enactments include provisions
capable of combating the criminal use of technology, including the internet. The Prohibition of
Incitement to Hatred Act 1989, the Criminal Justice (Public Order) Act 1994 and the Child
Trafficking and Pornography Act 1998 address, respectively, racist crime, the advertising of
brothels and prostitution, and child pornography. Members of the Garda Síochána also receive
training in the use of the most up-to-date technology relevant to investigating the use of the
internet in the commission of these and other offences.
Garda Stations
442. Deputy Simon Harris asked the Minister for Justice and Equality if he finds it acceptable
that a Garda station (details supplied) in County Wicklow is not accessible for wheelchair
users; if he will rectify this matter; and if he will make a statement on the matter. [9217/11]
Minister for Justice and Equality (Deputy Alan Shatter): The programme of refurbishment
of Garda accommodation around the country is based on agreed priorities established by An
Garda Síochána. This work is progressed by the Office of Public Works, who have responsibility
for the provision and maintenance of Garda accommodation.
I am advised by the Garda authorities that the station referred to by the Deputy is recognised
as a property that will require alterations to ensure that accessibility requirements are met.
Prior to developing proposals for such remedial work a Universal Access Audit will be conducted
by the Office of Public Works.
Garda Strength
443. Deputy Simon Harris asked the Minister for Justice and Equality the number of gardaí
in the Wicklow division; the way these figures compare to those for 2007, 2008, 2009 and 2010;
if he will provide a breakdown of garda numbers by Garda station in this division; and if he
will make a statement on the matter. [9218/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda Authorities
that the personnel strength of each Garda station in the Wicklow Garda Division on 31
December 2007, 2008, 2009, 2010 and on the latest date for which figures are readily available
is as set out in the table hereunder:
293

[Deputy Alan Shatter.]
Questions— 3 May 2011. Written Answers
Station 2007 2008 2009 2010 2011*
Baltinglass 30 36 36 39 39
Blessington 16 18 19 17 17
Carnew 1 2 3 4 4
Donard 1 1 1 1 1
Dunlavin 1 1 2 2 2
Hollywood 1 0 1 1 1
Shillelagh 1 1 1 1 1
Tinahely 2 2 2 2 2
Bray 103 124 135 133 132
Enniskerry 7 7 7 6 6
Greystones 42 42 39 36 36
Newtownmountkennedy 1 1 3 3 3
Arklow 31 34 38 36 35
Ashford 7 11 12 12 12
Aughrim 2 2 2 2 2
Avoca 3 3 3 3 3
Rathdrum 3 3 5 5 5
Roundwood 5 5 4 4 4
Wicklow 49 50 47 48 47
Total 306 343 360 355 352
*The latest date for which figures are readily available is 31st March 2011.
The Deputy will appreciate that, as with any large organisation, on any given day, personnel
strengths of individual stations may fluctuate due, for example, to promotions, retirements
and transfers.
Courts Service
444. Deputy Brendan Griffin asked the Minister for Justice and Equality if the District Court
Office in Killarney, County Kerry, will remain open; and if he will make a statement on the
matter. [9247/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am asking the Chief Executive of
the Courts Service for a report in the matter and I will revert to the Deputy at the earliest
opportunity.
Army Ordnance Disposal Unit
445. Deputy Paschal Donohoe asked the Minister for Justice and Equality the number of
occasions the Defence Forces explosive ordnance disposal team has been called out in the first
quarter of 2011 compared with the same period in 2010 for each Garda region; the number of
hoax calls received and the number of controlled explosions carried out in both these periods;
and if he will make a statement on the matter. [9251/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities
that in the first quarter of 2011 there have been 55 incidents nationwide at which a
Defence Forces Explosive Ordnance Device team has attended, 11 of which were declared to
be hoax incidents. In the same period in 2010, there were 45 such incidents, of which 13 were
294

Questions— 3 May 2011. Written Answers
declared to be hoax incidents. I am further informed by the Garda authorities that data is not
maintained in respect of controlled explosions conducted by the Explosive Ordnance Disposal
Team.
The use of explosive devices is a matter of ongoing concern both to me and to the Garda
Authorities. Garda strategies in counteracting their use are very firmly focused on disrupting
the criminal groups involved and, where sufficient evidence is available, proffering charges and
bringing such persons before the Courts.
There are significant penalties available to the courts following conviction for explosivesrelated
offences, including a penalty of life imprisonment for causing an explosion likely to
endanger life, up to 20 years’ imprisonment upon conviction for an attempt to cause an
explosion likely to endanger life and up to 14 years’ imprisonment following conviction for
possession of explosives.
Citizenship Applications
446. Deputy Martin Heydon asked the Minister for Justice and Equality when a decision will
issue on an application for naturalisation in respect of a person (details supplied) in County
Kildare. [9290/11]
Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate
of naturalisation from the person referred to in the Deputy’s Question was received in the
Citizenship Division of my Department in May 2009. The application is currently being processed
with a view to establishing whether the applicant meets the statutory conditions for the
granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I
can inform the Deputy that I have initiated steps within my Department to provide for speedier
processing of applications to bring about a substantial reduction in the processing timescale.
The new arrangements will be publicly announced once my Department is in a position to
implement them.
The granting of Irish citizenship through naturalisation is a privilege and an honour which
confers certain rights and entitlements not only within the State but also at European Union
level and it is important that appropriate procedures are in place to preserve the integrity of
the process.
I should remind the Deputy that queries in relation to the status of individual Immigration
cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been
specifically established for this purpose. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive Parliamentary Questions process.
447. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding an
application for citizenship in respect of a person (details supplied) in County Kildare; and if he
will make a statement on the matter. [9314/11]
Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate
of naturalisation from the person referred to in the Deputy’s question was received in the
Citizenship Division of my Department in June 2010. The application is currently being processed
with a view to establishing whether the applicant meets the statutory conditions for the
granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
295

[Deputy Alan Shatter.]
Questions— 3 May 2011. Written Answers
In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I
can inform the Deputy that I have initiated steps within my Department to provide for speedier
processing of applications to bring about a substantial reduction in the processing timescale.
The new arrangements will be publicly announced once my Department is in a position to
implement them.
The granting of Irish citizenship through naturalisation is a privilege and an honour which
confers certain rights and entitlements not only within the State but also at European Union
level and it is important that appropriate procedures are in place to preserve the integrity of
the process.
I should remind the Deputy that queries in relation to the status of individual Immigration
cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been
specifically established for this purpose. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive Parliamentary Questions process.
448. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality when a decision
will issue on an application for naturalisation in respect of a person (details supplied) in County
Kildare; and if he will make a statement on the matter. [9319/11]
Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate
of naturalisation from the person referred to in the Deputy’s Question was received in the
Citizenship Division of my Department in November 2010. The application is currently being
processed with a view to establishing whether the applicant meets the statutory conditions
for the granting of naturalisation and will be submitted to me for decision as expeditiously
as possible.
In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I
can inform the Deputy that I have initiated steps within my Department to provide for speedier
processing of applications to bring about a substantial reduction in the processing timescale.
The new arrangements will be publicly announced once my Department is in a position to
implement them.
The granting of Irish citizenship through naturalisation is a privilege and an honour which
confers certain rights and entitlements not only within the State but also at European Union
level and it is important that appropriate procedures are in place to preserve the integrity of
the process.
I should remind the Deputy that queries in relation to the status of individual Immigration
cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been
specifically established for this purpose. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive Parliamentary Questions process.
Legal Profession
449. Deputy Dara Murphy asked the Minister for Justice and Equality if the Legal Services
Bill is intended to give effect to all the structural reforms of the two legal professions required
by the EU and International Monetary Fund memorandum of understanding; if an independent
regulator, if established as required, will replace or supervise the statutory regulatory functions
of the Law Society and the non-statutory rules of the Bar Council; if it is intended that this
296

Questions— 3 May 2011. Written Answers
Bill will be enacted and commenced before the memorandum of understanding deadline of the
end of the third quarter of 2011; and if he will make a statement on the matter. [9336/11]
Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my reply to
Question No. 7 of 7 April 2011, which indicated the following:
The programme for Government 2011-2016 undertakes to “establish independent regulation
of the legal profession to improve access and competition, make legal costs more
transparent and ensure adequate procedures for addressing consumer complaints”.
These undertakings complement those structural reforms in the EU-IMF programme of
financial support for Ireland aimed at removing restrictions to trade and competition relating
to the legal professions and legal costs, namely, to establish an independent regulator for the
legal professions and implement the recommendations of the legal costs working group; and
to implement the outstanding Competition Authority recommendations in order to reduce
legal costs.
I intend to give effect to the various commitments I mentioned by way of the Legal Services
Bill which is referred to in the Government legislation programme, announced by the Chief
Whip on 5 April. The commitment of the Government is to a strategy that is comprehensive,
provides more independent regulation of the legal professions, better regulates legal costs
and ensures that the complaints procedures are as effective as possible. The strategy, when
implemented, will improve the overall system of delivery of legal services in the State.
In the context of the Bill, I am giving consideration to the question of extending the
functions of the legal services ombudsman whose functions at present include the review of
the handling by the Law Society and the Bar Council of complaints about solicitors and
barristers, respectively, as detailed in that legislation. Of course, although the Bill was enacted
in 2009, a legal services ombudsman has not yet been appointed. The outgoing Government
had not made that appointment.
Subject to necessary consultations, the consideration of the proposals by the Attorney
General and Government approval being obtained, I expect to be in a position to announce
details of the Bill’s proposals in the not too distant future. It is my objective that the Bill will
be before the House for discussion, if not shortly prior to the summer vacation, certainly
very early following the Dáil’s subsequent reconvening.
I have nothing further to add to that reply other than to indicate that the time frame for
publication of the proposals is Quarter 3 of 2011.
Magdalene Laundries
450. Deputy Michael McGrath asked the Minister for Justice and Equality if he will clarify
his response of 23 March 2011 with respect to the Government’s response to the Irish Human
Rights Commission’s assessment of human rights violations of women and young girls in the
Magdalene laundries; if he will provide an update with regard to the draft submission to the
Government to which he referred to in the aforementioned response; and his views on the new
restorative justice and reparations scheme submitted for his consideration by the Justice for
Magdalenes group on 28 March 2011. [9345/11]
480. Deputy Clare Daly asked the Minister for Justice and Equality the mechanism he proposes
to establish to investigate matters raised by Justice for Magdalenes group and deal with
the issuing of an apology and appropriate redress. [9774/11]
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Questions— 3 May 2011. Written Answers
Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos.
450 and 480 together.
I can confirm that my Department has received proposals for a reparations scheme from the
Justice for Magdalenes Group which are currently being considered. Otherwise, the position
remains unchanged since my reply to Questions Nos. 77 to 79, inclusive, of 24 March 2011. I
believe that a comprehensive examination of the facts is now required and, with that in mind,
I intend to bring proposals to Government shortly.
Law Reform Programme
451. Deputy Brian Walsh asked the Minister for Justice and Equality if he has considered
the recommendations of the Law Reform Commission Third Programme of Law Reform on
legal aspects of family relationships; if and when he expects to implement these recommendations;
and if he will make a statement on the matter. [9352/11]
Minister for Justice and Equality (Deputy Alan Shatter): The Programme for Government
contains a commitment to reform and modernise certain aspects of family law. In this context,
the detailed recommendations in the Law Reform Commission’s Report on the Legal Aspects
of Family Relationships are under consideration in my Department.
Stray Horses
452. Deputy David Stanton asked the Minister for Justice and Equality the way in which the
Garda Síochána deal with stray horses; if he will provide a breakdown by Garda division of
the number of calls the Garda Síochána received and responded to with regard to stray horses
in the past year; the costs incurred by An Garda Síochána in placing stray horses in animal
pounds; and if he will make a statement on the matter. [9383/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities
that An Garda Síochána makes appropriate use of the powers conferred on it by the
Control of Horses Act 1996 to seize and detain stray horses.
The following table shows the number of incidents recorded, by Garda Division, relating to
the control of horses in 2010 and in 2011 up to 26 April.
In 2010, An Garda Síochána expended €24,600 on the transport of animals of all categories
to an animal pound and on veterinary expenses. Information on costs incurred in placing stray
horses in an animal pound could only be provided by the expenditure of a disproportionate
amount of time and resources. The figures provided are operational and liable to change.
Number of control of horses incidents, by Garda Division, for 2010 and up to 26 April 2011
Division 2010 2011
DMR North Central 9 2
DMR South Central 4 2
DMR North 5 5
DMR South 1 0
DMR East 2 1
DMR West 21 3
Cavan/Monaghan 16 3
Donegal 21 2
Louth 3 1
Sligo/Leitrim 23 18
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Questions— 3 May 2011. Written Answers
Division 2010 2011
Cork City 39 15
Cork North 31 21
Cork West 6 5
Kerry 8 2
Limerick 165 58
Kildare 7 4
Meath 10 6
Laois/Offaly 19 13
Westmeath 9 4
Wicklow 1 6
Clare 15 8
Galway 78 30
Mayo 25 9
Roscommon/Longford 34 22
Kilkenny/Carlow 10 7
Tipperary 57 24
Waterford 15 3
Wexford 15 9
Garda Operations
453. Deputy Robert Troy asked the Minister for Justice and Equality the position regarding
the sourcing of suitable accommodation for the specialist victim interview suite at
Mullingar. [9411/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities
that, given the need for sensitivity and confidentiality in the investigation of certain
crimes, there is a clear advantage from an investigative perspective for both An Garda Síochána
and victims of such crimes in conducting interviews away from Garda stations.
Dedicated victim interview suites have therefore been established in six strategically chosen
locations throughout the State, which are used by An Garda Síochána to record interviews
with victims. Work is nearing completion on the establishment of a further facility. The suites
are not attached to Garda stations, and it would not be appropriate for reasons of confidentiality
to give details of their precise locations.
Consideration is being given to locating an additional facility in Mullingar. A decision
whether to establish the facility will be taken in the context of the network of facilities already
established and the financial resources available.
Residency Permits
454. Deputy Brendan Griffin asked the Minister for Justice and Equality if the immigration
status of a family (details supplied) in County Kerry will be changed from Stamp 2, study visa,
to Stamp 3; and if he will make a statement on the matter. [9441/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Immigration
and Naturalisation Service (INIS) of my Department that the persons referred to by the Deputy
have permission to be in the State until 22 September 2011 on student conditions. I understand
they have availed of the special six-month “timed out” permission for non-EEA students, as
outlined under the new immigration regime for full-time non-EEA students. This permission
299

[Deputy Alan Shatter.]
Questions— 3 May 2011. Written Answers
allows timed out non-EEA students to work full-time for the duration of this six-month period
and, as an exception to the normal rule, to apply for an employment permit or green card
permit without first having to leave the State. This permission is non-renewable.
My officials have also informed me that an application for a change of status from Stamp 2
to Stamp 4 was received from the persons referred to by the Deputy on 26 April 2011. All
applications to INIS are dealt with in chronological order and my officials will be in touch with
the persons in due course.
I should remind the Deputy that queries in relation to the status of individual Immigration
cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been
specifically established for this purpose. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive Parliamentary Questions process.
Asylum Support Services
455. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his plans to
introduce an independent complaints mechanism for direct provision centres; and if he will
make a statement on the matter. [9448/11]
Minister for Justice and Equality (Deputy Alan Shatter): The Reception and Integration
Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the
Government policy of direct provision and dispersal.
Since 2002, RIA has had in place House Rules and Procedures for asylum seekers living
in direct provision asylum accommodation centres. These Rules set out the entitlements and
obligations placed on centre management and residents and, in the event that these are not
being met, a complaints procedures to be invoked by either party. These rules were drawn up
by a working party which had an independent Chairman and comprised representatives of
accommodation centre management, the Irish Refugee Council, An Garda Síochána, the
Attorney General’s office, the Health Boards, Irish Commission for Justice and Peace and RIA.
Given the passage of time, and taking into account the experience garnered by relevant
bodies in the meantime, a new working group was set up in 2007 to review the existing procedures.
Like its predecessor, this group also had an independent Chairman and had representation
from NGOs (including the Irish Refugee Council and the Refugee Information Service),
the Health Service Executive, RIA, Centre Management and An Garda Síochána. This Group
met on thirteen occasions and a subgroup also met with residents and local NGOs in four
accommodation centres.
Subject to reservations by the NGO groups involved on the issue of an independent appeals
mechanism, of which more below, the Working Group agreed the new rules which were then
submitted to NALA (National Adult Literacy Association) for proofing in relation to simplicity
of language. This was finalised in November 2009. The revised rules were laid out in a new
question-and-answer format and more clearly explained the complaints mechanism for use by
residents and staff alike. The thrust of the complaints procedure is that issues which arise are
best resolved quickly, locally and informally without the need to proceed formally. In the main,
this is how issues are resolved. However, the rules also provide for a written complaints procedure
to be followed in the event that the matter cannot be resolved informally. It also allows
for direct referral to RIA in certain circumstances. It is important to note that if a complaint
is made in respect of a decision made by a particular RIA official, the appeal is not deal with
by that official.
300

Questions— 3 May 2011. Written Answers
The revised House Rules and Procedures have been translated into 12 languages and are
provided to all asylum seekers on arrival at their accommodation centres. The rules, including
all translated versions, are published on-line on the RIA website www.ria.gov.ie. RIA has also
held information sessions for residents on the new House Rules in 20 centres in 2010, at which
active participation in the complaints process, where required, was encouraged.
It needs to be understood that the complaints procedure does not cover the asylum process
itself, in respect of which an independent appeals process already exists. Nor does it cover the
issue of transfers within the Direct Provision system. Over and above the House Rules themselves,
the interests of asylum seekers are protected through regular clinics in centres, at which
residents can speak directly to RIA headquarters staff without local centre management being
present. Further, unannounced inspections take place in centres, by RIA staff and by a contracted
independent company, to ensure that centres are adhering to their contractual obligations.
Also, issues of concern are brought to the attention of RIA by representatives of statutory or
voluntary agencies working with asylum seekers.
The Deputy will be aware that, in response to concerns expressed by members of the Joint
Oireachtas Committee on Health and Children in October 2010 to departmental officials
appearing before it, amendments were made to the House Rules to further encourage use of
the complaints mechanism by residents and staff. Also, RIA will publish shortly on its website
aggregated monthly statistics on formal written complaints made under these Rules.
The issue of an independent complaints mechanism was a significant feature of the working
group discussions which led to the original House Rules and the subsequent revised version. It
was RIA’s view that no clear model was cited during these discussions as to what an independent
complaints mechanism would look like or how it could be implemented without undue
cost and bureaucracy. The system of direct provision exists within its own circumstances and
the RIA is satisfied that the structure of the complaints procedure contained within the revised
House Rules is fair and is broadly in line with the guidelines set out by the Office of the
Ombudsman for internal complaints systems.
Garda Transport
456. Deputy Seán Kenny asked the Minister for Justice and Equality his plans to upgrade
the Garda van fleet. [9462/11]
Minister for Justice and Equality (Deputy Alan Shatter): The detailed allocation of Garda
resources, including transport, is a matter for the Garda Commissioner to decide in accordance
with his identified operational requirements and priorities. I am advised by the Garda authorities
that all Garda fleet requirements are kept under review in the context of An Garda
Síochána’s operational requirements. This is an ongoing process.
Garda Strength
457. Deputy Seán Kenny asked the Minister for Justice and Equality the number of gardaí
by rank in the Garda water unit; and the number of boats in this unit. [9464/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities
that there are currently three Sergeants and thirteen gardaí allocated to the Garda
Water Unit. The unit has two patrol boats, four rigid inflatable boats (RIBs) and six inflatable
boats at its disposal.
458. Deputy Seán Kenny asked the Minister for Justice and Equality the number of gardaí
by rank in the computer crime unit, the stolen vehicles investigation unit and the domestic
violence and sexual assault unit; and the number of vacancies in each unit by rank. [9465/11]
301

Questions— 3 May 2011. Written Answers
Minister for Justice and Equality (Deputy Alan Shatter): Responsibility for the allocation of
resources, including personnel, within the Force rests with the Garda Commissioner in consultation
with his senior management team. I am informed by the Garda authorities that the
Computer Crime Investigation Unit forms part of the Garda Bureau of Fraud Investigation
and the Domestic Violence and Sexual Assault Investigation Unit and the Stolen Motor
Vehicle Unit form part of the National Bureau of Criminal Investigations.
As of the latest date for which figures are readily available, the personnel strength of these
Units was as set out in the table below.
D/Supt D/Insp D/Sgt D/Gda
Computer Crime Investigation Unit 1 1 2 10
Domestic Violence and Sexual Assault
Investigative Unit 1 2 5 14
Stolen Motor Vehicle Investigation Unit — — 1 7
The Deputy will appreciate that, as with any large organisation, the numbers in any unit will
fluctuate from time to time due to, for example, transfers, retirements, resignations, etc.
Impounded Vehicles
459. Deputy Seán Kenny asked the Minister for Justice and Equality the number of vehicles
seized by gardaí in 2008, 2009, 2010 and to date in 2011 with neither tax disc, insurance disk
nor National Car Test certificate; the number of these vehicles that have been either sold off
or crushed; and the penalties that apply to persons who wish to have their vehicles
released. [9466/11]
Minister for Justice and Equality (Deputy Alan Shatter): In the time available it has not
been possible for the Garda authorities to supply the information requested by the Deputy. I
will be in contact with the Deputy as soon as the information is to hand.
Garda Transport
460. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of
incidents to which the Garda was unable to respond during the cold weather due to patrol cars
not being fitted with snow tyres; the nature of these incidents; and if he will make a statement
on the matter. [9483/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have requested a report from the
Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy
again as soon as the report is to hand.
461. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of
Garda cars equipped to deal with driving in snow and his plans to equip Garda cars for cold
weather in the winter months. [9484/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Garda authorities
that, whilst all Garda cars are capable of being driven in the snow, An Garda Síochána
also utilises snow socks. These items are designed for use in adverse conditions when normal
contact with the road surface is lost as the result of snow and hard packed ice.
I am further informed that the requirements of the Garda fleet are subject to regular review
and assessment to ensure that the most suitable equipment is available.
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Questions— 3 May 2011. Written Answers
462. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of
Garda cars withdrawn from use during each of the past three years; and the number of new
Garda cars acquired during each of the past three years. [9485/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities
that 47 Garda vehicles were withdrawn from service in 2009, 124 in 2010 and 123 to
date in 2011. During the same period, 165 new vehicles were purchased in 2010 and a further
seven vehicles have been purchased to date this year.
Garda Complaints
463. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of
complaints that the Garda Síochána has investigated from members of the public regarding the
use of Shannon Airport for rendition flights during each of the past five years; the total number
of complaints to date; and the number of complaints forwarded to the Director of Public
Prosecutions. [9486/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have asked the Garda Commissioner
for the information sought in the Deputy’s question. I will revert to the Deputy as
soon as the information becomes available.
Legal Aid Service
464. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the solicitors
remunerated under the criminal and civil legal aid schemes during each of the past five years,
by county; and the amounts awarded in each case. [9487/11]
Minister for Justice and Equality (Deputy Alan Shatter): I can inform the Deputy that the
following amounts were paid to solicitors under the Criminal and Civil Legal Aid (including
Refugee Legal Services) schemes during the period 2006-2010. I will forward more detailed
information to the Deputy when it becomes available. The Deputy should note, however, that
I may not be in a position to provide all of the details requested, as to do so might involve the
disproportionate use of staff and other resources.
Criminal Legal Aid Scheme
2006 — €24,802,438
2007 — €27,645,197
2008 — €33,354,777
2009 — €37,183,643
2010 — €33,931,588
Civil Legal Aid Scheme
2006 — €1,768,297
2007 — €2,136,533
2008 — €2,215,541
2009 — €3,652,778
2010 — €3,412,195
303

Questions— 3 May 2011. Written Answers
Residency Permits
465. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding
family reunification in respect of a person (details supplied). [9545/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Naturalisation
and Immigration Service (INIS) that the person referred to by the Deputy made a
Family Reunification application in respect of his wife and daughter and the application was
forwarded to the Office of the Refugee Applications Commissioner as required under section
18 of the Refugee Act 1996. I am further informed by INIS that a letter recently issued from
INIS to the legal representative of the person concerned and that on receipt of a response the
application will be processed further.
I should remind the Deputy that queries in relation to the status of individual Immigration
cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been
specifically established for this purpose. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive parliamentary questions process.
Programme for Government
466. Deputy John McGuinness asked the Minister for Justice and Equality the specific proposals
in the Programme for Government for which he is responsible; the target dates which
he has agreed in relation to the delivery of these proposals; and if he will publish an implementation
schedule. [9588/11]
Minister for Justice and Equality (Deputy Alan Shatter): As the Deputies know, the Programme
of Government, at pages 47 to 51 inclusive, sets out a substantial agenda for reform in
the area of Justice and Equality. The initiatives being pursued include those described in the
following paragraphs.
The scheme of a Legal Services Bill is currently in hand in my Department. A key objective
of the EU/IMF Programme of Financial Support for Ireland is to return the Irish economy to
growth. That programme requires, among other things, that we enact legislation to eliminate
barriers to trade and competition relating to the legal profession and to reform the area of
legal costs. The structural reforms encompass, first, setting up an independent regulator for the
legal profession and implementing the recommendations of the Legal Costs Working Group,
and, second, implementing the outstanding recommendations of the Competition Authority to
reduce legal costs. Under the Programme of the Government for National Recovery 2011-2016
the Government has undertaken “to establish independent regulation of the legal profession
to improve access and competition, make legal costs more transparent and ensure adequate
procedures for addressing consumer complaints.” The proposed Legal Services Bill is designed
to achieve the necessary structural reforms. It will be ready for publication in the third quarter
of 2011 in compliance with the EU/IMF Programme.
The Criminal Justice (Community Services) (Amendment) Bill 2011, which is designed to
extend the use of Community Service Orders, has already completed its Second Stage. It will
begin Committee Stage when the appropriate Committee is formed. This Bill gives effect to
the Government’s commitment to fashion a sentencing system that secures a safer society at a
lower cost to the taxpayer. It reflects the principle of restraint in the use of custody, which is a
basic principle of European prison law and policy. It also aims to remedy the under-use of
Community Service Orders in our penal system. The Bill places a weightier obligation on trial
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Questions— 3 May 2011. Written Answers
judges to consider imposing a Community Service Order on convicted offenders in cases in
which a sentence of imprisonment of up to 12 months is being considered.
The Criminal Justice Bill 2011 is ready for publication. This Bill will become one of the key
measures in our offensive against white-collar crime. The Bill provides for the suspension in
certain circumstances of the detention of persons detained by An Garda Síochána under the
Criminal Justice Act 1984. The member of An Garda Síochána in charge of the station where
the suspect is being detained will have the power to suspend the detention when he or she has
reasonable grounds for believing that doing so is necessary to allow enquiries or investigations
to be carried out to advance the investigation of the offence involved. The Bill also grants
power to An Garda Síochána to apply to a judge of the District Court for an order requiring
witnesses to produce documents or provide information. And it creates offences relating to the
concealment of facts disclosed by documents and withholding information. This Bill will better
facilitate the investigation of white-collar crime.
An emergency Courts Bill for the enforcement of maintenance orders is ready for publication.
As the Deputies know, a maintenance order is, in its essence, a court-mandated order
requiring one married person to pay money to another for support if they are no longer living
together as husband and wife. Problems have arisen in the District Court with respect to the
enforcement of certain foreign maintenance orders. The Bill aims to resolve those problems.
The Immigration, Residence and Protection Bill 2010 is ready for Committee Stage. This
Bill updates the law governing the entry into, presence in and removal from the State of certain
foreign nationals. The intent is to shape a law and procedure that is stringent where appropriate
and flexible where appropriate but which is fair, humane, efficient and enforceable. The Bill
will keep faith with the Government’s commitment in the Programme of the Government for
National Recovery 2011-2016 to “include a statutory appeals system and set out rights and
obligations in a transparent way”.
Finally, the Programme of the Government for National Recovery 2011-2016 sets out a
commitment to “review the proposal to build a new prison at Thornton Hall and consider
alternatives, if any, to avoid the costs yet to be incurred by the State in building such a new
prison.” I have appointed a committee — the Thornton Hall Prison Review Group — to review
the Thornton Hall Prison Project. The task of the committee is to examine the need to build a
new prison at Thornton Hall and consider any alternatives.
I am conscious that prisoner numbers have increased from a figure of 3,151 in 2005, when
the Thornton Hall Prison Project was first approved, to 4,520 on 21 April 2011, an increase of
over 40%. I am also conscious that the 21 April 2011 figure of 4,520 people in prison must be
placed in the context of a bed capacity in the prison system of 4,510. Against this backdrop, I
believe that a speedy but comprehensive review is needed to determine: first, if new prison
accommodation is needed or if greater use of non-custodial sanctions would be a more reasonable
option; and, second, assuming for the moment that new prison facilities are needed, if
building them at Thornton Hall would be the most cost-effective option.
The terms of reference are intended to ensure that all the pertinent factors including economic
factors are taken into account. The full terms of reference for the committee are on the
website of the Department of Justice and Equality (www.justice.ie). The members of the committee
are: Brendan Murtagh, a partner in LHM Casey McGrath; Brian Purcell, Director
General of the Irish Prison Service; Judge Catherine McGuinness, retired President of the Law
Reform Commission; and Tom Cooney, Special Advisor to the Minister for Justice and
Equality. The deadline for the committee’s report is 1 July 2011. After then I will be in a
position to make a decision on the project.
305

[Deputy Alan Shatter.]
Questions— 3 May 2011. Written Answers
These items are important planks in a raft of reform measures that my Department is working
on. There are other measures in process. For example, on the basis that pre-release
offenders need a continuity of practical help to adjust successfully to free society, my Department
is working on measures to make the path of the released offender to a law-abiding life
an easier one to walk. It would be rash, however, to specify time-frames for the introduction
of the various laws and initiatives we are committed to. The Deputies are assured that we will
implement the remainder of the Programme of the Government for National Recovery 2011-
2016 with all deliberate speed.
Departmental Bodies
467. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will bring
forward legislation to create a Garda Síochána Authority in the coming months; if he will
indicate whether he intends to follow the model of other EU national and regional police
authorities, including the Northern Ireland Policing Board; and if he will make a statement on
the matter. [9593/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have no plans to introduce a
Garda Authority or a Policing Board and there is no such commitment in the Programme
for Government.
The Garda Síochána Act 2005 makes clear that the Garda Commissioner is accountable to
my Department and to me as Minister for the performance of his functions and those of the
Force, and of course I am politically answerable in the House in respect of these matters. The
2005 Act also made the Commissioner the Accounting Officer for the Garda Síochána, and
liable to appear before the Committee of Public Accounts in that capacity. In addition, the
2005 Act established the Garda Ombudsman Commission, which is empowered to carry out
independent investigations into Garda conduct, as well as the Garda Inspectorate, which provides
expert advice on achieving the highest levels of efficiency and effectiveness in the operation
and administration of the Force. The accountability of the Garda Síochána has, through
these measures, been significantly strengthened.
I might also make the point that any comparison with accountability arrangements in other
jurisdictions should take into account the fact that the Garda Síochána is rare among police
forces in combining security and intelligence functions with policing duties, and should look at
the totality of arrangements in those jurisdictions.
Prison Accommodation
468. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will
report on his recent visit to Mountjoy Prison, Dublin; the timeframe for the introduction of
sanitary facilities for all prisoners; and if he will make a statement on the matter. [9594/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am pleased to say that one of the
first things I did on becoming Minister was to visit the Mountjoy Prison campus. I conducted
a full tour of Mountjoy Prison including the landings, workshops, school and medical facilities.
I also visited the Dóchas Centre and St. Patrick’s Institution.
During my visit, I met with prison management and staff. I was impressed by the commitment
and level of professionalism shown by staff working in the challenging environment of a prison.
Again, I would like to compliment them and especially the new Governor, Mr Ned Whelan,
for the work done in recent times in improving conditions in the prison. It is notable that
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Questions— 3 May 2011. Written Answers
significant improvements can be achieved even in an old prison such as Mountjoy with committed
staff under good, committed and determined management.
For my part, I am committed to addressing the issue of in-cell sanitation in line with the
Government Programme for National Recovery. A refurbishment project is currently under
way in the basement of the C-wing at Mountjoy Prison which will result in an additional 36
cells with in-cell sanitation being installed by mid 2011. Work has also commenced on a project
to provide in-cell sanitation in the remaining 74 cells on the same wing. This project is expected
to be completed by the end of the summer 2011. Depending on the findings of a post-project
appraisal, the Irish Prison Service will consider installing in-cell sanitation facilities in the
remaining cells of the prison.
Crime Levels
469. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will
report on recent research presented to the Fingal Joint Policing Committee which mapped the
occurrence of crime throughout the Blanchardstown Garda district; if he will give consideration
to providing resources for such research to the Dublin Garda regions and similar urban regions
in Limerick, Cork, Waterford and Galway; and if he will make a statement on the matter.
[9595/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have requested a report from the
Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy
again as soon as the report is to hand.
Citizenship Applications
470. Deputy Jim Daly asked the Minister for Justice and Equality the position regarding an
application for naturalisation in respect of a person (details supplied); and if he will make a
statement on the matter. [9606/11]
Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate
of naturalisation from the person referred to in the Deputy’s Question was received in the
Citizenship Division of my Department in January 2009. The application is currently being
processed with a view to establishing whether the applicant meets the statutory conditions
for the granting of naturalisation and will be submitted to me for decision as expeditiously
as possible.
In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I
can inform the Deputy that I have initiated steps within my Department to provide for speedier
processing of applications to bring about a substantial reduction in the processing timescale.
The new arrangements will be publicly announced once my Department is in a position to
implement them.
The granting of Irish citizenship through naturalisation is a privilege and an honour which
confers certain rights and entitlements not only within the State but also at European Union
level and it is important that appropriate procedures are in place to preserve the integrity of
the process.
I should remind the Deputy that queries in relation to the status of individual Immigration
cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been
specifically established for this purpose. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive parliamentary questions process.
307

Questions— 3 May 2011. Written Answers
Asylum Applications
471. Deputy James Bannon asked the Minister for Justice and Equality the position regarding
an application for refugee status in respect of a person (details supplied) in County Longford;
and if he will make a statement on the matter. [9670/11]
Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Office of the
Refugee Applications Commissioner (ORAC) that they have no record of an application for
asylum under the details as supplied by the Deputy.
All applicants for asylum are given an asylum reference number and I am informed by the
ORAC that if the Deputy can provide this asylum reference number, it would facilitate the
tracking of any such application in respect of the person concerned.
Magdalene Laundries
472. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the amount
of funding he has paid in each of the past five years to the four religious orders involved in the
Magdalene laundries (details supplied); the purpose of the funding; and if he will make a
statement on the matter. [9712/11]
Minister for Justice and Equality (Deputy Alan Shatter): I can advise the Deputy that no
funding was provided by my Department in the past five years to the religious orders to which
he refers.
Immigration Service
473. Deputy Paschal Donohoe asked the Minister for Justice and Equality his plans to review
the cost of the fee for completion of the naturalisation process; and if he will make a statement
on the matter. [9721/11]
Minister for Justice and Equality (Deputy Alan Shatter): As the Deputy will appreciate, the
question of fees for the provision of services is being examined in the context of the wider
budgetary situation in my Department. The naturalisation process already generates significant
fee income and I cannot rule out the possibility of a further contribution being made by it to
my Department’s budgetary arithmetic.
Citizenship Applications
474. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the position
regarding citizenship in respect of a person (details supplied). [9736/11]
Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate
of naturalisation from the person referred to in the Deputy’s question was received in the
Citizenship Division of my Department in July 2010. The application is currently being processed
with a view to establishing whether the applicant meets the statutory conditions for the
granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I
can inform the Deputy that I have initiated steps within my Department to provide for speedier
processing of applications to bring about a substantial reduction in the processing timescale.
The new arrangements will be publicly announced once my Department is in a position to
implement them.
The granting of Irish citizenship through naturalisation is a privilege and an honour which
confers certain rights and entitlements not only within the State but also at European Union
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Questions— 3 May 2011. Written Answers
level and it is important that appropriate procedures are in place to preserve the integrity of
the process.
I should remind the Deputy that queries in relation to the status of individual Immigration
cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been
specifically established for this purpose. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive parliamentary questions process.
Prison Building Programme
475. Deputy Michael McGrath asked the Minister for Justice and Equality if the newly
appointed review group regarding a project (details supplied) intend to engage in a public
consultation exercise as part of their work. [9764/11]
476. Deputy Michael McGrath asked the Minister for Justice and Equality if the newly
appointed review group regarding a project (details supplied) are available to hold meetings
with interested parties; and if he will advise how this may be arranged. [9765/11]
Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos.
475 and 476 together.
In line with the commitment in the Government Programme for National Recovery, I
recently announced the establishment of a committee to review the Thornton Hall Prison
Project. The full terms of reference are available on my Department’s website at www.justice.ie.
Advertisements were placed in the national press in the week commencing 11 April inviting
written submissions or observations from interested parties. All such submissions should be
sent to the Chairman, Thornton Hall Project Review Committee, Department of Justice and
Equality, Montague Court, Montague Street, Dublin 2 and must be received by Monday 9th
May, 2011. It is a matter for the committee to consider whether they wish to hold meetings
with any interested parties to assist in their deliberations.
Garda Investigations
477. Deputy Michael McGrath asked the Minister for Justice and Equality the position
regarding the retention by the Garda and the Director of Public Prosecutions of investigation
files in respect of which a decision is taken not to press charges; if such files are kept for a
specified period of time or destroyed after a specified period of time; and if he will make a
statement on the matter. [9766/11]
Minister for Justice and Equality (Deputy Alan Shatter): I have requested the information
sought from the Garda authorities. I will be in contact with the Deputy when this information
is to hand.
In relation to the Director of Public Prosecutions (DPP), I should say that as Minister for
Justice and Equality, I play no role in the prosecution of offences, and both the decision to
initiate a prosecution and the subsequent conduct of that prosecution are functions exclusively
assigned (with limited exceptions) to the DPP under the Constitution and the relevant statutory
provisions.
Garda Operations
478. Deputy Clare Daly asked the Minister for Justice and Equality the powers a garda has
309

[Deputy Clare Daly.]
Questions— 3 May 2011. Written Answers
with regard to entering private property in circumstances in which he or she has not been
invited and is not in possession of a warrant. [9768/11]
Minister for Justice and Equality (Deputy Alan Shatter): Members of the Garda Síochána
have a wide range of common law and statutory powers available to them to effect entry to
private property without either the consent of the occupier or a warrant. These powers are,
however, 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 common law powers of entry include the power to enter a private premises
(including a dwelling) in order to terminate an affray or to prevent an occupant from causing
serious injury to someone else on the premises, and the power to enter in order to effect an
arrest. This latter common law power has been superseded in practical terms by the statutory
power of entry and search conferred by the Criminal Law Act 1997, section 6 of which permits
a member to enter any premises without warrant in order to effect the arrest of a person who
is, or who the member with reasonable cause suspects to be, on the premises.
Apart from this power to effect an arrest, there are a large number of other statutory powers.
Many are aimed at facilitating the inspection or search of a premises for the purpose of ensuring
that a particular business is being conducted in accordance with, for example, the conditions
of a licence or that nothing unlawful or improper is being carried on there. They tend to
concern ensuring compliance with, for example, liquor licensing and gaming laws, as well as
public health and environmental standards. Others permit a member to enter summarily where
he or she has reasonable grounds for believing that a relevant offence is being committed on
the premises.
Not all of these powers relate to areas coming within the remit of my Department. Having
regard, therefore, to the number and range of powers, I am not in a position where I could
provide a list of extant powers that I am satisfied is full, accurate and comprehensive. However,
should the Deputy wish me to address a more specific matter relating to my area of responsibility,
I would be pleased to provide details on that matter.
Departmental Bodies
479. Deputy Clare Daly asked the Minister for Justice and Equality if the Office of the Garda
Síochána Confidential Recipient expired on 1 February 2011; the reason it was not made public,
in view of the attention on Garda behaviour with regard to policing in Rossport, County Mayo;
the position regarding the serious information which was in the possession of this office; and
the facility that now exists to protect Garda whistleblowers. [9773/11]
Minister for Justice and Equality (Deputy Alan Shatter): The confidential reporting system
under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations
2007 commenced operation in June 2008, and the system is continuing to operate. The Garda
Commissioner has issued a Confidential Reporting Charter to all sworn members and civilian
staff of An Garda Síochána. The Charter contains the contact details of the Confidential
Recipients to whom confidential reports may be made.
The term of office of the external Confidential Recipient, Mr. Brian McCarthy, expired on
28th February 2011. A follow-on appointment has yet to be made and this delay was mainly
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due to the interregnum which occurred due to the change of Government. Under the regulations,
certain officeholders and associations must be consulted before any further appointment
can be made and it is my intention to appoint an external confidential recipient in the
very near future.
It should be pointed out that internal confidential recipients, appointed by the Garda Commissioner,
are still available to any Garda who is aware of corruption or malpractice. In relation
to the most recent incident at the Corrib protest, this matter is being investigated by the Garda
Síochána Ombudsman Commission. Finally, with regard to the wider issue of whistleblowing
generally, the Government has committed to introducing new legislation in this regard.
Question No. 480 answered with Question No. 450.
Asylum Applications
481. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding
asylum in respect of a family (details supplied); and if he will make a statement on the
matter. [9802/11]
Minister for Justice and Equality (Deputy Alan Shatter): The persons concerned are a husband,
his wife and their child. The husband and wife lodged separate asylum applications on
18 September 2009. The child made an asylum application on 28 July 2010. All three asylum
applications were individually considered and it was found that none of the persons concerned
met the criteria for recognition as a refugee.
Arising from the refusal of their respective asylum applications, and in accordance with the
provisions of section 3 of the Immigration Act 1999 (as amended), they were separately notified,
the husband and wife by letters dated 24 May 2010 and the child by letter dated 30
December 2010, that the Minister proposed to make Deportation Orders in respect of them.
They were each given the options, to be exercised within 15 working days, of leaving the State
voluntarily, of consenting to the making of Deportation Orders or of making representations
to the Minister setting out the reasons why Deportation Orders should not be made against
them. In addition, they were notified of their respective entitlements to apply for Subsidiary
Protection in accordance with the European Communities (Eligibility for Protection) Regulations
2006. All three persons concerned have submitted individual applications for Subsidiary
Protection. When consideration of these applications has been completed, the persons concerned
will be notified in writing of the outcomes.
In the event that the applications for Subsidiary Protection are refused, the position in the
State of the persons 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 the files are passed to me for decision. Once decisions have been made, these decisions
and the consequences of the decisions will be conveyed in writing to the persons concerned.
I should remind the Deputy that 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. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive parliamentary questions process.
Residency Permits
482. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regard-
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[Deputy Brendan Griffin.]
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ing an application for residency in respect of a person (details supplied) in County Kerry; and
if he will make a statement on the matter. [9813/11]
Minister for Justice and Equality (Deputy Alan Shatter): The person concerned made an
EU Treaty Rights application which was received in my Department on 30 September 2010.
This application was refused as the person concerned did not satisfy the relevant criteria. The
person concerned was informed of this decision by letter dated 4 April 2011.
Subsequently, and in accordance with the provisions of Section 3 of the Immigration Act
1999 (as amended), the person concerned was notified, by letter dated 5 April 2011, that the
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 a Deportation Order should not be made against him.
The position in the State of the person concerned now falls to 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 the file is passed to me for decision. Once a decision has been
made, this decision and the consequences of the decision will be conveyed in writing to the
person concerned.
I should remind the Deputy that 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. The service enables up-to-date information on such
cases to be obtained without the need to seek this information through the more administratively
expensive parliamentary questions process.
Garda Transport
483. Deputy Brendan Griffin asked the Minister for Justice and Equality if a squad car will
be provided for gardaí in Waterville, County Kerry; and if he will make a statement on the
matter. [9827/11]
Minister for Justice and Equality (Deputy Alan Shatter): The detailed allocation of Garda
resources, including transport, is a matter for the Garda Commissioner to decide in accordance
with his identified operational requirements and priorities. At Divisional level, the responsibility
for the efficient deployment of all Garda vehicles is a matter for the Divisional Officer.
I am informed by the Garda authorities that the Waterville Garda sub-district is subject to
regular mobile Garda patrols and that the current policing arrangements for the area make the
optimum use of Garda resources.
Liquor Licensing Laws
484. Deputy John Lyons asked the Minister for Justice and Equality his views on the issue
of home delivery of alcohol from off-licence sales processed over the telephone and paid for
by credit card or cash on delivery; his further views on whether the availability of alcohol
by such means is contributing to underage drinking; and if he will make a statement on the
matter. [9888/11]
Minister for Justice and Equality (Deputy Alan Shatter): Provisions relating to the sale and
supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2010. Under section 17(3)
of the Intoxicating Liquor Act 2003 it is an offence for a licensee, with intent to evade the
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Questions— 3 May 2011. Written Answers
conditions of the license, to take alcohol from the licensed premises for the purpose of its being
sold on the account or for the benefit or profit of the licensee, or to permit any other person
to do so. Moreover, under section 31(2) of the Intoxicating Liquor Act 1988 (as amended), it
is an offence for a licensee to sell or deliver, or permit any other person to sell, or deliver,
alcohol for consumption by a person under the age of 18 years in any place except with the
explicit consent of the persons’ parent or guardian in a private residence in which he or she is
present either as of a right, or with permission.
The Government Alcohol Advisory Group considered specific issues relating to distance
sales of alcohol in its 2008 Report. The Group drew attention to the requirement that payment
must be made as part of the telephone or on-line transaction in such cases and not later on
delivery of the product. The Group considered that sales of alcohol which had been ordered
by telephone or otherwise and which were paid for on delivery were illegal transactions and
recommended that the Gardaí should target such delivery services with a view to prosecuting
the offending licensees.
Ministerial Staff
485. Deputy Brendan Smith asked the Minister for Defence the detail of all permanent Civil
Service or non-established positions in his Department with regard to assisting Ministers with
constituency work; the monthly salaries for these positions; and if any further appointments
are envisaged. [9135/11]
Minister for Defence (Deputy Alan Shatter): I do not have a constituency office in the
Department of Defence. My constituency office is based in the Department of Justice and
Equality. The Minister of State at my Department, Deputy Paul Kehoe, does not have any staff
from the Department of Defence in his constituency office, which is based in the Department of
the Taoiseach.
Ministerial Appointments
486. Deputy Brendan Smith asked the Minister for Defence if he will list the details of all
State appointments open to direct choice by him on 10 March 2011. [9149/11]
Minister for Defence (Deputy Alan Shatter): The bodies under the aegis of my Department
are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard.
The Civil Defence Board was established in 2003. The Minister for Defence can directly appoint
four persons to the Board who, in his opinion, have experience in business, industry, finance
or administration relevant to the Board’s functions.
The Army Pensions Board is an independent statutory body established under the Army
Pensions Act, 1927. The Board is made up of a chairman and two ordinary members. The two
ordinary members must be qualified medical practitioners of whom one must be an officer of
the Army Medical Corps. The chairman and the non-military ordinary member are appointed
by the Minister for Defence with the concurrence of the Minister for Finance. The Army
Medical Corps ordinary member is appointed by the Minister for Defence.
Appointments to the Board of Coiste an Asgard are a matter for the Minister for Defence.
In the context of settling the Estimates for the Department of Defence for 2010, the Government
decided that the national sail training scheme operated by Coiste an Asgard would be
discontinued as recommended in the Report of the Special Group on Public Service Numbers
and Expenditure. As a result, no funding was provided in 2010 or 2011. The company has been
inactive since that decision.
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Questions— 3 May 2011. Written Answers
Defence Forces Operations
487. Deputy Paschal Donohoe asked the Minister for Defence the number of occasions the
Defence Forces explosive ordnance disposal team has been called out in the first quarter of
2011, as compared with the same period in 2010, per Garda region; the number of hoax calls
and the number of controlled explosions carried out in both these periods; and if he will make
a statement on the matter. [9252/11]
Minister for Defence (Deputy Alan Shatter): Set out in the accompanying table are details
of the number of occasions that the Defence Forces Explosive Ordnance Disposal teams have
been called out in the first quarters of 2010 and 2011. While details of the number of controlled
explosions carried out are not available, details of the number of viable devices are included.
Year Total Number of Hoaxes (included in Viable Devices
Callouts total) (included in total)
2010 (Jan to Mar) 45 13 7
2011 (Jan to Mar) 55 11 5
Although details of callouts are not recorded on the basis of Garda regions, the following tables
contain a breakdown per each of the three Brigades of the Defence Forces and the Defence
Forces Training Centre based on the Curragh. An EOD team is attached to each of the three
Brigades and at the Training Centre.
2010 1 Southern Brigade 2 Eastern Brigade 4 Western Brigade DFTC
Januarty 5 8 1 3
February 3 8 2 0
March 4 5 5 1
2011 1 Southern Brigade 2 Eastern Brigade 4 Western Brigade DFTC
January 4 12 3 3
February 3 4 3 3
March 4 13 2 1
In spite of a substantial increase in recent years in the number of callouts to deal with
Improvised Explosive Devices (IEDs), I am satisfied that the Defence Forces have the necessary
resources and capabilities to meet the current threat. The challenge of dealing with the
increasing level of sophistication in the preparation of such devices is and will continue to be
an integral part of the training that is provided to members of the Defence Forces who provide
a unique response capability within the State to deal with such incidents.
Defence Forces Strength
488. Deputy David Stanton asked the Minister for Defence, further to Parliamentary Question
No. 446 of 18 January 2011, the number of Permanent Defence Forces and Reserve
Defence Force applicants currently awaiting processing by the Garda Central Vetting Unit; the
number of PDF and RDF applicants who received clearance by the unit each month from
September 2010 to March 2011, respectively; the number of same attested per month; the
number who have not been attested; and if he will make a statement on the matter. [9285/11]
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Questions— 3 May 2011. Written Answers
Minister for Defence (Deputy Alan Shatter): I am informed by the Military Authorities that
there are currently 534 Permanent Defence Force (PDF) and 239 Reserve Defence Force
(RDF) applications for security clearance awaiting processing by the Garda Central Vetting
Unit. These numbers include serving members of the PDF and RDF who are required to be
re-vetted on transferring to specific posts. A breakdown of these numbers between new applicants
and serving members is not readily available. The following details the number of PDF
and RDF applicants who received clearance by the Garda Central Vetting Unit each month
from September 2010 to March 2011:
September October November December January February March 2011
2010 2010 2010 2010 2011 2011
PDF 60 45 130 172 251 57 70
RDF 40 70 50 78 68 18 69
General Service Recruitment to the PDF is undertaken on a Brigade by Brigade basis. The
numbers to be inducted to each Brigade is dependent on the requirement of the Brigade but
will generally consist of one or more platoons, each of which normally consists of 40 recruits.
The following details the number of PDF and RDF applicants who have been attested each
month from September 2010 to March 2011:
September October November December January February March 2011
2010 2010 2010 2010 2011 2011
PDF Nil Nil Nil 115 80 Nil 162
RDF 45 62 37 56 40 18 21
A total of 42 personnel are due to be recruited to the PDF on receipt of clearance from the
Garda Central Vetting Unit.
489. Deputy David Stanton asked the Minister for Defence the effective strength of the
Reserve Defence Force at 31 March 2011; if he will provide a breakdown of same per brigade;
the maximum number of effective personnel allowed per brigade; and if he will make a statement
on the matter. [9286/11]
Minister for Defence (Deputy Alan Shatter): I am advised by the military authorities that
the total strength of the Reserve Defence Force at 31 March 2011 was 5,728, of which 986 were
non-effective, giving an effective strength of 4,742. A national breakdown of the effective
strength of the Reserve Defence Force per Brigade is provided in the tabular statement overleaf.
I am aware that effective numbers in the Reserve have declined over recent years. The
total strength of the Reserve includes personnel who are categorised as effective and noneffective.
As provided for in Defence Forces Regulation R5, personnel are removed from the
effective strength of their Units and are placed on the non-effective list primarily for failure to
meet minimum training requirements. These personnel remain liable for call out on permanent
service or service in Aid to the Civil Power. Since 2004, with the role of the RDF Review
Implementation Plan, the military authorities have increased their efforts to ensure that only
those members who meet the requirements remain on the effective list.
The number of personnel in the Reserve Defence Force is dependent on funding being
available for training. The Deputy will appreciate that there would be little point recruiting
personnel if it is not feasible to provide for their training. The funds available for paid training
days have reduced from €4.96 million in 2009 to €2.48 million in 2011. This will allow for the
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[Deputy Alan Shatter.]
Questions— 3 May 2011. Written Answers
recruitment of a further 200 recruits in 2011 whilst providing training for existing members of
the Reserve (based on uptake of paid training over recent years).
This level of recruitment was recently agreed with the Military Authorities, having regard to
the requirement to maintain the existing capabilities of the Reserve to the greatest extent
possible.
Details of the effective strength of the Reserve Defence Force at 31 March 2011 per Brigade.
Brigade/Formation
Effective Strength
2 Eastern Brigade 1,175
1 Southern Brigade 1,468
4 Western Brigade 1,883
Defence Forces Training Centre 27
Naval Service 189
Total 4,742
Defence Forces Recruitment
490. Deputy Seán Kenny asked the Minister for Defence the number of persons who were
recruited into the Army, Naval Service and Air Corps for the years 2007, 2008, 2009 and 2010,
and to date in 2011; and if there will be further recruitment into the Defence Forces later this
year. [9467/11]
Minister for Defence (Deputy Alan Shatter): The number of persons who were recruited into
the Army, Naval Service and Air Corps for the years 2007, 2008, 2009 and 2010 is as follows:
Army Naval Service Air Corps Total
2007 478 87 0 565
2008 441 66 0 507
2009 0 0 0 0
2010 77 38 0 115
Recruitment to the Permanent Defence Force was suspended in late 2008 pending a review
of the best means by which to achieve the reduction of 3% in payroll costs that had been
applied, in common with other areas of the public service, to the Defence Forces. The present
position is that, within the context of consolidating the public finances, the Government is
focused firmly on maintaining the operational efficiency of the Defence Forces. To this end,
targeted recruitment was carried out in 2010 and is continuing in 2011. To date the following
General Service induction has taken place in 2011:
Army Naval Service Air Corps Total
2011 202 0 40 242
In addition, there will be an intake of 42 recruits into the Naval Service and an intake of 30
cadets from the Cadetship Competition in 2011. A number of technical appointments will also
be filled.
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Questions— 3 May 2011. Written Answers
With the support of the Chief of Staff, and within the available resources, I intend to retain
the capacity of the Defence organisation to operate effectively across all roles, while contributing
to the necessary public service economies. I am advised that at this time the Defence
Forces retain the capacity to undertake the tasks laid down by Government both at home
and overseas.
Programmes for Government
491. Deputy John McGuinness asked the Minister for Defence the specific proposals in the
Programme for Government for which he is responsible; the target dates he has agreed for the
delivery of these proposals; and if he will publish an implementation schedule. [9581/11]
Minister for Defence (Deputy Alan Shatter): The relevant specific commitments in the Programme
for Government are:
— the implementation of the Defence Forces Medical Services Review as resources
allow, and
— the initiation of a detailed legal review of the basis, structures and governance of the
Red Cross in Ireland to improve its functioning in the light of changing circumstances.
The Defence Forces Medical Services Review completed by PA Consulting in 2009 recommended
a major change programme. As recommended by the consultants, a number of Working
Groups were established to progress the various projects identified. All bar one of these
groups has completed their final report and that group is due for completion in the coming
weeks. The reports of the Working Groups will be considered for approval and acceptance by
a Steering Group. It is expected that substantial progress will be made over the coming months
in implementing the recommendations.
The Irish Red Cross Order 1939 sets out the basis upon which the Society is governed and
was made pursuant to the Red Cross Act 1938. Following submission to the Office of the
Attorney General of a draft Order that would amend the 1939 Order, discussions on the extent
of changes that can be made to this legislation are continuing. Following receipt of legal advice
from the Office of the Attorney General, which is expected in the coming weeks, I will review
the legislative changes that are proposed and consider bringing them to Government for
approval.
It is important to note that whatever changes may be made to the 1939 Order, a comprehensive
review of all Red Cross legislation, and in particular the primary legislation, will be commenced
by my Department.
In addition to the commitments relating specifically to my Department, the Programme for
Government contains commitments that cut across all Government Departments. My Department
is actively engaged in progressing these commitments, such as the comprehensive spending
review, which recently commenced.
Army Barracks
492. Deputy Robert Troy asked the Minister for Defence the position regarding the future
of Columb Barracks, Mullingar, and Custume Barracks, Athlone, County Westmeath; and if
he will make a statement on the matter. [9722/11]
Minister for Defence (Deputy Alan Shatter): The Defence property portfolio is kept under
review to ensure the most effective use of military resources having regard to the roles assigned
by Government to the Defence Forces. In that context the dispersal of personnel over an
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[Deputy Alan Shatter.]
Questions— 3 May 2011. Written Answers
extended number of locations is a major impediment to the essential collective training required
to fulfil those roles. It also imposes increased and unnecessary overheads on the Defence Forces
in terms of barrack management, administration, maintenance and security. The consolidation
of the Defence Forces formations into a smaller number of locations is a key objective for me
as we strive to maximise the effectiveness of the Defence Forces. Whilst no decision has been
made in relation to the future of any particular military installation I cannot give a commitment
that there will not be further programmes of barrack consolidation.
Animal Welfare
493. Deputy Eoghan Murphy asked the Minister for Agriculture, Fisheries and Food if his
attention has been drawn to the fact that the Irish Greyhound Board is considering sending
Irish greyhounds to China; and his views on same. [9533/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a
commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is
responsible for leading and directing the activities of the Company. My Department is aware
that Bord na gCon is exploring possible business opportunities in China and has been in contact
with my Department is in this regard. My Department is considering the Bord na gCon proposal
and will form a view based on the case presented to it. Bord na gCon has repeatedly
confirmed its commitment to the highest standards of animal welfare in the greyhound industry
and in considering the proposal the need to ensure the welfare of animals will be taken into
account by my Department.
Any proposal to export greyhounds from Ireland to China would require the establishment
and agreement of export health certification protocols with the Chinese authorities, and appropriate
transport arrangements would have to be put in place to ensure the welfare of the
animals in transit. My Department endeavours to ensure that all exporters comply with Council
Regulation (EC) No 1/2005 on the protection of animals during transport and related
operations.
All Member States of the EU including Ireland are working to promote better animal welfare
internationally and in this regard Ireland has introduced national legislation giving effect to
Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December
2007 banning the marketing or import to or export from the Community of cat and dog fur
and products containing such fur. The commitment of this Government to animal welfare in
general is beyond doubt and is reflected among the priorities in the Programme for
Government.
Aquaculture Development
494. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food if a
grant for a mussel boat will be made available to a co-op (details supplied) in County Kerry;
and if he will make a statement on the matter. [9824/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Sneem Fishermen’s
Co-op applied in 2009 to BIM for grant aid for the purchase of a fishing vessel under the
Aquaculture Development Measure of the Southern and Eastern Regional Operational Programme
of the NDP 2000-2006. The application was judged to involve funding of aquaculture
activity located in a site designated for protection under the EU Habitats Directive (so called
Natura 2000 areas). The Natura 2000 area where the Co-op’s activity is located is the Kenmare
River Special Area of Conservation. In light of a finding against Ireland in 2007 by the Euro-
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Questions— 3 May 2011. Written Answers
pean Court of Justice that Ireland was in breach of the Birds and Habitats Directives in relation
to its licensing of aquaculture and fishing activities, applications under the Programme for
funding of activities connected with an aquaculture site located in a Natura 2000 area were
refused on legal advice, including the application from the Co-op. That Southern and Eastern
Regional Operational Programme has since closed. It is not possible to incur any further expenditure
under the Programme.
My Department is working with the Marine Institute, BIM, and the National Parks and
Wildlife Service on a multi-annual programme to bring Irish aquaculture and fisheries into
compliance with the Habitats and Birds Directives. The Kenmare River SAC is ranked as one
of the highest priorities under that programme.
It should be noted that under article 7 of EU regulation 736/2008, state aid must have an
incentive effect. This means that operations that the beneficiary has already begun to
implement cannot receive grant aid. As the boat in question has been purchased it cannot now
be grant aided in retrospect as it would breach EU State Aid rules.
However, once aquaculture and fishing activities in the Kenmare River SAC have been
scientifically assessed in accordance with the EU Habitats Directive, and subject to the outcome
of that assessment, the Co-op may be eligible for support for other future projects under the
Commercial Aquaculture Development Scheme of the current Irish Seafood National Programme
2007-2013. However, purchase of the mussel boat will not be eligible for funding as
each call for proposals under this scheme specifies that projects must not have commenced
before an application is made under that call and acknowledged by BIM.
Departmental Schemes
495. Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food the
progress being made to resolve the hardship installation cases that were suspended when the
scheme was closed without warning; and if he will make a statement on the matter. [9020/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Young Farmers’
Installation Scheme was closed to new applicants on 14 October 2008 and I have no plans to
consider applications received after that date or to reopen the scheme at this time. An allocation
of almost €1 million is provided in 2011 to meet the remaining commitments under both
the Young Farmers’ Installation Scheme and the preceding equivalent schemes.
Grant Payments
496. Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food if a farm
waste management grant will be awarded to a person (details supplied) in County Tipperary;
if not, the reason therefor; and if he will make a statement on the matter. [9043/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Two applications for
grant-aid under the Farm Waste Management Scheme were received in the name of the person
named, who is now deceased. Two instalments of grant-aid in respect of the first application
have been paid by my Department. However, no further payments can be made in respect of
that application until the further documentation which was requested by the Inheritance
Enquiry Unit in my Department has been received.
A second application for grant-aid under the Farm Waste Management Scheme was received
by my Department on 22 December 2006. The project involved in this application required
planning permission. However, as the planning permission was not received in my Department
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[Deputy Simon Coveney.]
Questions— 3 May 2011. Written Answers
by the closing date of 30 June 2007 for receipt of a valid application under the Scheme, that
application could not be further processed.
Animal Welfare
497. Deputy Eric Byrne asked the Minister for Agriculture, Fisheries and Food if an agreement
has been made in regard to transporting greyhounds to China in order to establish a
greyhound industry there; and if he will confirm that if Ireland begins to trade greyhounds with
China every precaution will be made to ensure that the highest international animal welfare
standards apply. [9082/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a
commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is
responsible for leading and directing the activities of the Company. My Department is aware
that Bord na gCon is exploring possible business opportunities in China and has been in contact
with my Department is in this regard. My Department is considering the Bord na gCon proposal
and will form a view based on the case presented to it. Bord na gCon has repeatedly
confirmed its commitment to the highest standards of animal welfare in the greyhound industry
and in considering the proposal the need to ensure the welfare of animals will be taken into
account by my Department.
Any proposal to export greyhounds from Ireland to China would require the establishment
and agreement of export health certification protocols with the Chinese authorities, and appropriate
transport arrangements would have to be put in place to ensure the welfare of the
animals in transit. My Department endeavours to ensure that all exporters comply with Council
Regulation (EC) No 1/2005 on the protection of animals during transport and related
operations.
All Member States of the EU including Ireland are working to promote better animal welfare
internationally and in this regard Ireland has introduced national legislation giving effect to
Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December
2007 banning the marketing, import to or export from, the Community of cat and dog fur and
products containing such fur. The commitment of this Government to animal welfare in general
is beyond doubt and is reflected among the priorities in the Programme for Government.
Ministerial Staff
498. Deputy Brendan Smith asked the Minister for Agriculture, Fisheries and Food the detail
of all permanent Civil Service or non-established positions which are in place in his Department
with regard to assisting Ministers with constituency work; the monthly salaries for these positions;
and if any further appointments are envisaged. [9132/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): As the Deputy is
aware, Government introduced new arrangements in staffing support for Ministers and Ministers
of State in line with the Programme for Government aim to introduce political reform.
This has delivered a reduction of 25% in the permitted staffing of Minister’s offices and 33%
for Ministers of State.
I have detailed below the number of permanent Civil Service and non-established positions
which assist both myself and Minister McEntee with constituency work:—
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Questions— 3 May 2011. Written Answers
Minister, Simon Coveney
Grade/Position Number Monthly Salary
€
Clerical Officer 2.3 6,789.35
Personal Secretary 1 3,797.58
Minister of State, Shane McEntee
Grade/Position Number Monthly Salary
€
Personal Secretary 1 3,245.42
Personal Assistant 1 3,642.92
It is expected that one further appointment will be made in both constituency offices shortly.
Ministerial Appointments
499. Deputy Brendan Smith asked the Minister for Agriculture, Fisheries and Food if he will
list the details of all State appointments open to direct choice by him on 10 March 2011.
[9146/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Government
has agreed that new arrangements will be put in place for the making of appointments to the
boards of State bodies and agencies. As part of those new arrangements, I will shortly be
inviting expressions of interest from persons interested in being considered for appointment to
fill vacant positions on the boards of the agencies and bodies operating under the aegis of my
Department. In considering the appointment of suitable candidates, I will not necessarily be
confined to those who submit expressions of interest, but I will ensure that all appointees are
suitably qualified.
In the case of those being proposed for appointment as chairpersons of State boards, the
Government has decided that such persons will be required to make themselves available to
the appropriate Oireachtas Committee to discuss the approach which they intend to take to
their role as chairperson and their views about the future contribution of the body or board in
question. Following that discussion, decisions will be taken by the Minister or the Government,
as appropriate, whether to confirm the nominee as chairperson.
As the Deputy is aware, in the case of some of the State bodies/agencies operating under
my Department’s aegis, a number of the board appointments are made by me having been
nominated for appointment by various organisations specified in the relevant statute under
which the appointments are made. These include, for example, the Aquaculture Licensing
Appeals Board, Bord na gCon, Teagasc, National Milk Agency, Veterinary Council and Horse
Racing Ireland.
My Department is collating information in relation to the vacancies of the boards of the
State bodies and aegis operating under the aegis of my Department. This table will be kept
updated and will be available on my Department’s website shortly.
Grant Payments
500. Deputy Jim Daly asked the Minister for Agriculture, Fisheries and Food when a reactor
321

[Deputy Jim Daly.]
Questions— 3 May 2011. Written Answers
payment will issue as approved by the Circuit Court in February 2011 in respect of a person
(details supplied); and if he will make a statement on the matter. [9197/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The On-Farm
Market Valuation scheme provides for the payment of compensation for animals removed as
reactors under the TB and Brucellosis Eradication Programme. Letters outlining the decision
to withhold payments of compensation for animals removed from the holding concerned were
issued to the herdowner in question in 2009.
I wish to point out that the matter of compensation concerning this herdowner was not ruled
on by the court case in question. Payment of compensation is a matter for my Department and
there is a formal appeal process in place for farmers regarding decisions on compensation. I
understand that information has recently been received to enable an appeal of the 2009 decision
to proceed. The appeal is currently being examined as part of the established appeal procedure
provided for under the terms of the scheme and it is expected that a decision on the matter
will be taken in the coming weeks.
Animal Welfare
501. Deputy Michael Healy-Rae asked the Minister for Agriculture, Fisheries and Food his
views on whether the export of Irish greyhounds to China for racing is in the best interests of
the welfare of the dogs and whether it goes against the spirit of the recently drafted Welfare
of Greyhounds Bill; and if he will make a statement on the matter. [9214/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a
commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is
responsible for leading and directing the activities of the Company. My Department is aware
that Bord na gCon is exploring possible business opportunities in China and has been in contact
with my Department is in this regard. My Department is considering the Bord na gCon proposal
and will form a view based on the case presented to it. Bord na gCon has repeatedly
confirmed its commitment to the highest standards of animal welfare in the greyhound industry
and in considering the proposal the need to ensure the welfare of animals will be taken into
account by my Department.
Any proposal to export greyhounds from Ireland to China would require the establishment
and agreement of export health certification protocols with the Chinese authorities, and appropriate
transport arrangements would have to be put in place to ensure the welfare of the
animals in transit. My Department endeavours to ensure that all exporters comply with Council
Regulation (EC) No 1/2005 on the protection of animals during transport and related
operations.
All Member States of the EU including Ireland are working to promote better animal welfare
internationally and in this regard Ireland has introduced national legislation giving effect to
Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December
2007 banning the marketing, import to or export from, the Community of cat and dog fur and
products containing such fur. The commitment of this Government to animal welfare in general
is beyond doubt and is reflected among the priorities in the Programme for Government.
Grant Payments
502. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when
REP scheme payment will issue to a person (details supplied) in County Kerry; and if he will
make a statement on the matter. [9241/11]
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Questions— 3 May 2011. Written Answers
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named
commenced REPS 4 on 1 June 2009 and received the year 1 payment in December 2010.
Some discrepancies were discovered while checking the year 2 application and an amended
plan was requested from the person named. This has now been received and the application
will shortly be processed for payment.
Animal Welfare
503. Deputy Ann Phelan asked the Minister for Agriculture, Fisheries and Food if his considered
concerns as described in the recently drafted Welfare of Greyhounds Bill will be
reflected in the reported export of greyhounds to the People’s Republic of China and elsewhere;
and if he will make a statement on the matter. [9262/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a
commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is
responsible for leading and directing the activities of the Company. My Department is aware
that Bord na gCon is exploring possible business opportunities in China and has been in contact
with my Department is in this regard. My Department is considering the Bord na gCon proposal
and will form a view based on the case presented to it. Bord na gCon has repeatedly
confirmed its commitment to the highest standards of animal welfare in the greyhound industry
and in considering the proposal the need to ensure the welfare of animals will be taken into
account by my Department.
Any proposal to export greyhounds from Ireland to China would require the establishment
and agreement of export health certification protocols with the Chinese authorities, and appropriate
transport arrangements would have to be put in place to ensure the welfare of the
animals in transit. My Department endeavours to ensure that all exporters comply with Council
Regulation (EC) No 1/2005 on the protection of animals during transport and related
operations.
All Member States of the EU including Ireland are working to promote better animal welfare
internationally and in this regard Ireland has introduced national legislation giving effect to
Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December
2007 banning the marketing, import to or export from the Community of cat and dog fur and
products containing such fur. The commitment of this Government to animal welfare in general
is beyond doubt and is reflected among the priorities in the Programme for Government.
Environmental Policy
504. Deputy Michael McCarthy asked the Minister for Agriculture, Fisheries and Food the
efforts that will be made in 2011 to tackle instances of wildfire outbreak and monitor the
burning activities of landowners; and if he will make a statement on the matter. [9283/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Following the large
number of forest fires which occurred during 2010, a Working Group with representatives
from a broad spectrum of interested stakeholders was established by my Department. The
ten recommendations made by the Group were accepted earlier this year and are currently
being implemented.
During 2011 there is a twofold focus to the Department’s efforts to tackle this problem. First
of all, an extensive nationwide publicity campaign is underway to bring home the message to
landowners and farmers of the dangers and the consequences of the illegal burning of vegetation
on agricultural land. A series of advertisements is appearing in the farming press,
323

[Deputy Simon Coveney.]
Questions— 3 May 2011. Written Answers
together with press releases and media articles, with the common theme of the prevention of
loss of life, livelihoods, homes, forests and property. The aim over time is to change the mindset
regarding the use of fire in traditional agricultural practices. Secondly, an enhanced system to
notify my Department of forest fires has been introduced, which will result in the better monitoring
of burning activities. More importantly, through follow-up field inspections those individuals
found to be engaging in illegal burning will face the consequences of their actions, through
penalties under the Single Payment Scheme and Court prosecutions.
Afforestation Programme
505. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food if an
inspector has been approved to review the case of a person (details supplied) in County
Kilkenny and if he will expedite a resolution to their case. [9311/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): On 1 March 2011, a
representation made by the persons in question was received by the Forestry Division of my
Department. The Division registered that representation as a formal appeal. The formal appeal
procedure requires that the case is independently reviewed by a committee of senior officials
who have had no involvement in the case to date. This procedure was completed and the
applicants were informed on 24th March 2011 that their appeal had been unsuccessful. They
subsequently repaid the outstanding debt to my Department on 4 April 2011. My officials are
unaware of any further outstanding requests by the applicants in relation to their case.
Crop Research
506. Deputy Seamus Kirk asked the Minister for Agriculture, Fisheries and Food if research
is being undertaken in respect of new potato varieties; and if he will make a statement on the
matter. [9316/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I wish to inform the
deputy that Teagasc operates, on behalf of the industry, a substantial research programme for
the development of new potato varieties on an ongoing basis.
Departmental Properties
507. Deputy Terence Flanagan asked the Minister for Agriculture, Fisheries and Food if he
will respond to an issue regarding the development of a person (details supplied); and if he
will make a statement on the matter. [9329/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My reply to PQ
8179/11 of 19 April, 2011 set out the position in relation to my Department’s property at Howth
Fishery Harbour Centre.
As set out in my reply, my Department is not in a position to disclose confidential details of
possible or ongoing discussions with third parties relating to commercial transactions. I am
therefore not in a position to provide the information requested in relation to Howth Yacht
Club.
Grant Payments
508. Deputy Paudie Coffey asked the Minister for Agriculture, Fisheries and Food if he will
give details of the definition of the following terms, namely, rough grazing and active farming,
324

Questions— 3 May 2011. Written Answers
with regard to the qualifying criteria for entitlements under the single farm payment scheme;
and if he will make a statement on the matter. [9334/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Eligible land is all
land which is subject to an agricultural activity by an applicant such as arable crops, hay, silage,
grazing by farm animals or which he/she chooses to top on an annual basis. Land, which was
declared on a 2008 Single Payment Scheme application, which gave rise to a payment and was
subsequently afforested, can be eligible in certain circumstances.
If an applicant is not producing crops or animals from the land, he or she can chose to simply
top it in order to maintain it in Good Agricultural and Environmental Condition, a requirement
of the Scheme. However, in the case of hill/mountain land or marginal land, or other rough
grazing, which cannot be mechanically topped, the only way of maintaining it in GAEC is to
graze it with sufficient cattle or sheep. For land to be eligible to an applicant, the farmer must
be in control of it for a period including 31 May 2011 and be actively farming it to keep it
in GAEC.
The Terms and Conditions of the Single Payment Scheme advise applicants, inter alia, as
follows:
In order to draw down full payment of SPS entitlements, an “eligible hectare” must be
declared in respect of each entitlement. In this context, an “eligible hectare” is land that is
used for an agricultural activity and includes land used to grow cereals, oilseeds, short
rotation coppice, miscanthus sinensis, protein crops, sugar beet, maize, fodder beet, turnips,
mangolds, kale, grass (for silage, or hay or grazing).
Applicants are legally required to declare all the land that will form part of their holding
on 31 May 2011, excluding any land that is leased-out or rented-out for any period that
includes 31 May 2011.
The person declaring the land on the Single Payment application will be held responsible
for any non-compliance with the statutory management requirements under cross compliance
or any failure to maintain the lands declared in good agricultural and environmental condition
for the period 1 January to 31 December 2011. Lands declared as agricultural land
must be maintained as such until 31 December 2011, unless afforested — under the Afforestation
Aid Scheme. Any change in the status of declared agricultural land must be notified to
the Department.
Applicants declaring rented-in land should satisfy themselves that they will have sole and
exclusive use of the land in question for agricultural purposes for the period of the rental
agreement.
To claim the direct payment under the 2011 Single Payment Scheme, all of the hectares of
land declared by an applicant (owned, rented-in and leased-in) must be subject to an agricultural
activity, by the applicant concerned, for a period that includes 31 May 2011. Lands
declared as being available on 31 May 2011, for the purpose of drawing down payment, must
be maintained as agricultural land for the calendar year 2011, or planted under the Afforestation
Aid Scheme in 2011.
All Scheme applicants should familiarise themselves fully with the Terms and Conditions of
the Scheme prior to submitting an application.
325

Questions— 3 May 2011. Written Answers
Grant Payments
509. Deputy Áine Collins asked the Minister for Agriculture, Fisheries and Food the reason
for the delay in payment in respect of a person (details supplied) in County Cork. [9346/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named
commenced REPS 3 in October 2006 and received payment in respect of year 4 on 23
November 2009.
The application of the person named was selected for inspection. This inspection has now
been completed and the year 5 application for payment will be processed shortly.
Milk Quota
510. Deputy Áine Collins asked the Minister for Agriculture, Fisheries and Food the position
regarding the scheme to give new entrants up to 40,000 gallons quota; if there will be sufficient
quota to satisfy all applications, or, if not, the criteria that will be used to select successful
applicants; and if he will make a statement on the matter. [9366/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The 2011 Scheme
for the Allocation of Milk Quota to New Entrants was announced on 31 January 2011, with a
closing date of 8 April. More than 260 applications were received by the closing date, so there
will not be sufficient quota to satisfy all applications. All eligible applications will therefore be
subjected to a rigorous selection process.
The Scheme provides for three New Entrant categories, namely:
Category A — Brand New Entrant to Dairying
Category B — Purchaser of Quota as a New Entrant through the Milk Quota Trading
Scheme
Category C — Purchaser of Quota as a Successor through the Milk Quota Trading Scheme
In order to be eligible for consideration, each applicant must:
satisfy the education and training qualifications as outlined in Annex I of the detailed
rules of the scheme. A copy of the relevant documentation must be submitted with the
application, have/will have a holding comprised of lands owned and/or leased by him or her;
have/will have his/her own separate independent herd number in which the dairy animals
are/will be registered;
have his/her own separate milking and milk storage facilities situated on his/her holding
prior to commencement of milk production;
submit a comprehensive 5-year business plan.
Applications that satisfy the eligibility criteria will be submitted for a detailed assessment. An
independent panel has been established for this purpose. The panel will make recommendations
to me for approval of those applications considered to provide the best evidence
of a viable and sustainable enterprise.
The assessment will focus on the following areas:
Educational Qualifications — Preference may be given to applicants with qualifications
more specific to dairying;
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Questions— 3 May 2011. Written Answers
Background — Extent to which applicants have any previous involvement/interest in farming,
particularly in dairy farming. This will include any skills or experience already developed,
and the extent of any family involvement;
Business Plan — Applicants should present a comprehensive plan setting out their commitment
to the dairy enterprise and its future development;
Financial Input — Preference may be given to applicants on the basis of personal financial
commitment to the enterprise;
Independence — Extent to which applicants intend to run their own enterprise, without
the likelihood of quota being absorbed into other, existing enterprises.
I hope to be in a position to announce the completion of the process by the end of May.
Fishing Industry Development
511. Deputy Noel Harrington asked the Minister for Agriculture, Fisheries and Food his
views on the report commissioned by him on the development of business plans for fishery
harbour centres; if he will implement the recommendations; the expected time frame for the
proposals to be completed; if these recommendations will be included in the forthcoming jobs
initiative; and if he will make a statement on the matter. [9368/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Business Plans
for the Development of the Fishery Harbour Centres were published in 2009 and provide a
blueprint for the future development of the Fishery Harbour Centres. The Business Plans
recommend a five year time frame for the implementation of the recommendations made. I
can confirm that my Department has already commenced the implementation of the recommendations
made in the Business Plans and will continue to do so within the resources available
to it.
The ongoing development of the six Fishery Harbour Centres in conjunction with the implementation
of the recommendations made in the Business Plans will support the generation of
new business and employment.
Grant Payments
512. Deputy Paul J. Connaughton asked the Minister for Agriculture, Fisheries and Food
the reason entitlements have been withdrawn in respect of a person (details supplied) in County
Galway; if his attention has been drawn to the fact that there is a genuine reason the entitlements
were not used and that there will be severe financial hardship if entitlements are not
reinstated; and if he will make a statement on the matter. [9370/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The late husband of
the person named established 18.61 standard entitlements to the value of €1,501.64. These
entitlements were not used in 2009 and 2010 and have now expired.
While the herd-number was transferred to the person named from her late husband in July
2007, and Single Payment applications were submitted for each year since, the person named
did not apply to transfer the Single Payment entitlements to her own name. Consequently, no
payment issued for these years and the entitlements remained unused.
An application to transfer the Single Payment entitlements was received on 16 December
2010, along with a copy of Letters of Administration. Even though this application was received
several months after the closing date for receipt of such applications, it will now be accepted,
327

[Deputy Simon Coveney.]
Questions— 3 May 2011. Written Answers
and the entitlements will be re-instated to the person named and payment in respect of the
2010 Single payment scheme will issue in due course.
Beef Industry
513. Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food if he
will report on his discussions at the EU Council meeting of 14 April 2011 regarding the threat
the Mercosur talks pose to Ireland’s beef industry and Ireland’s concerns in this area; and the
outcome of these discussions. [9377/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I asked for this topic
to be added to the Agenda of the April meeting of EU Agriculture Ministers because of my
deep concerns about the potential impact on EU and Irish agriculture of a trade deal with
Mercosur. I wanted to reinforce the message with my Ministerial colleagues from other
Member States that parts of the agriculture industry in Ireland and in other regions of the EU
were under threat from a deal with Mercosur. I made the point that this was particularly the
case for the beef sector in Ireland where 80% of production is exported. This industry has been
built up over decades and we cannot allow it to be sacrificed in an unbalanced deal. I insisted
that it would be unacceptable to make any offers to Mercosur without prior sight of the assessment
and a full discussion at Council.
I was heartened by the level of support I received from other Member States for my comments.
They too questioned the speed at which these talks were progressing and supported my
call for transparency and a thorough discussion of the impact assessment before any offers are
considered. A number of my colleagues expressed concerns about the impact of a deal for
other agricultural products including fruit and vegetables, wine, cereals and ethanol and called
for protection for the high environmental and social standards of EU production against
imported products that are subject to less onerous requirements.
I also noted the response of EU Agriculture Commissioner Ciolos, who said that there was
no question of offers being exchanged at this point. He said that it was important first to
confirm the level of ambition of the Mercosur side and this would be done at the next round
of negotiations in May and that the Commission was striving for a balanced approach with
equivalent ambition from Mercosur in key sectors. He said the EU agriculture offer must be
prudent and compatible with the CAP; in this regard the EU had both defensive and offensive
interests. The Commissioner confirmed that the preliminary results of the impact assessment
would be released at the end of April and that market access offers would be shared with
Member States before they were exchanged with Mercosur.
Preliminary reports of the impact analysis have since been released by the Commission and
these confirm my concerns that a Mercosur deal would damage EU and Irish agriculture, with
the Irish beef sector a particular casualty. I have asked the Commission to produce the full
report as a matter of urgency so that it can be debated thoroughly and comprehensively with
the EU Agriculture Council and directly with the Commission.
The initial results bear out the need for extreme caution in these negotiations and for consistency
in policies at EU level. Now that the European Council has acknowledged the importance
of the EU agriculture sector as a key driver for the success of the EU 2020 strategy, we need
to ensure that our policies are consistent and coherent with each other. A trade agreement
with Mercosur that would allow large quantities of South American food into the EU highvalue
beef market, displacing Irish and European production, is not consistent with the
ambition of using EU agriculture to drive economic recovery.
328

Questions— 3 May 2011. Written Answers
Beekeeping Industry
514. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food if he has
carried out tests to ascertain whether the parasite varroa destructor is resistant to current treatment
products available to beekeepers; his plans, if any to support the licensing of other, more
effective treatments; and if he will make a statement on the matter. [9381/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Currently, two products
are authorised to control varroa in Irish honeybees.
My Department has carried out research to investigate possible resistance of varroa mites to
treatment currently available and arising from this my Department is reviewing products containing
oxalic acid, currently licensed in other EU Member States, with a view to issuing a
special import licence permitting their usage in this jurisdiction for later this year, when the
treatment against varroa is recommended.
In addition, the Department is also co-funding (with the EU) the National Apiculture Programme
which is focussed on investigating the suitability of a number of alternative products to
control varroa under Irish conditions.
Stray Horses
515. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food his plans
to deal with the problems of stray horses; his views on implementing measures such as electronic
tags or chips to ensure that all horses are identifiable and traceable to their owners; and
if he will make a statement on the matter. [9382/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): European Commission
Regulation No. 504/2008 set out an improved system for the identification for equidae
and is binding on all Member States of the European Union. All keepers of horses, passport
issuing bodies and veterinary practitioners are obliged to comply with the provisions of this
Regulation. The enhanced system for identifying equidae has three elements (1) an equine
passport; (2) a microchip implanted in an equine to create an unequivocal link between the
passport and the equine and (3) the assignment of a unique equine life number to the equine
in the database of the approved passport issuing organisation. I am satisfied the approved
passport issuing organisations are operating in compliance with this Regulation this country.
Regulation 504/2008 requires that all equines must have a passport, foals must be identified
in accordance with the Regulation within six months of birth.
Keepers of equines must have passports for their animals in order to be eligible to participate
in a wide range of events and activities across the equine sector e.g. thoroughbred breeding
and racing, showjumping, competitions, shows, sales and also if certain veterinary medications
are to be availed of. Equines cannot be considered for slaughter for human consumption unless
they have a passport.
With regard to the issue of stray horses the position is that Local Authorities are empowered
under the Control of Horses Act 1996 to deal with problems associated with stray or wandering
horses in urban and rural areas. The Act provides for a comprehensive range of measures and
enables local authorities to designate control areas, require the licensing of horses within such
areas and seize and detain stray and unlicensed horses and to confiscate horses which stray
repeatedly. The Act also contains provisions on the identification of horses and criminal liability
329

[Deputy Simon Coveney.]
Questions— 3 May 2011. Written Answers
for permitting or causing a horse to pose a danger to persons or property. The overall objective
of the Act is to eliminate the problem caused by straying or wandering horses.
The Minister for Agriculture, Fisheries and Food is empowered by the Control of Horses
Act to make grants available to a Local Authorities towards expenses they incur in its implementation
and in this regard my Department provides funding in the region of €2m per annum
to assist Local Authorities in their work in implementing the Act.
Rural Environment Protection Scheme
516. Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the position
regarding REP scheme payments for 2010 in respect of a person (details supplied) in
County Longford; and if he will make a statement on the matter. [9394/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named
commenced REPS 3 on 1 December 2006. The final payment in respect Year 5 issued on 20
April 2011.
Fishing Industry Development
517. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the
future plans for a company (details supplied) in County Kerry. [9443/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord Iascaigh Mhara
is an independent statutory body and hence the future of the ice plant in Dingle is a matter
for the Board. The Department has forwarded the request to BIM for its consideration and
for a direct reply to the Deputy.
Afforestation Programme
518. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if he has
seen a copy of the geological survey of Coillte lands that was carried out after the company
was established; and if he will make it available to the Houses of the Oireachtas. [9445/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My Department is
currently reviewing its records since the establishment of Coillte in 1989 to ascertain the position
in relation to the above and I will respond to the Deputy directly as soon as possible.
519. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if the
recommendation on page 76 of the report of the review group on State assets and liabilities
that unforested land surplus to Coillte’s requirements should be sold also implies that when
the existing forestry has been sold that land on which no replanting takes place will also be
sold. [9447/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The content and
recommendations of the Report of the Review Group on State Assets and Liabilities are currently
being considered by the Government.
In relation to the recommendation mentioned by the Deputy, I note that it is prefaced by a
statement that “We view the retention of land ownership and the use of leases rather than
outright sale as an appropriate instrument to ensure the multiple benefits of forestry” and the
Report then goes on to note that “[While we do not recommend in principle the sale of forest
land,] Coillte possesses a substantial land area which is not forested and which may never be
330

Questions— 3 May 2011. Written Answers
forested .” However, the content and recommendations merit more detailed consideration than
has been possible in the short timeframe since the Report became available.
Appointments to State Boards
520. Deputy Michael Colreavy asked the Minister for Agriculture, Fisheries and Food the
procedures he followed and the selection criteria used in the recent appointment of a person
(details supplied) as chairman of Bord na gCon; and if he will make a statement on the
matter. [9449/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I recently appointed
Phil Meaney as chairman of Bord na gCon as, following extensive consultation with those with
in-depth knowledge of the industry, and an assessment of his background and experience, I
considered him to be eminently well qualified for the position. In addition to his involvement
in the greyhound industry over a period of 25 years, including his previously held position as
chairman of the Kilkenny Greyhound Company Limited, he was also involved in commercial
business in Ireland in a very senior managerial capacity.
The Government has decided, in the case of those being proposed for appointment as chairpersons
of State Boards, that such persons will be required to make themselves available to
the appropriate Oireachtas Committee to discuss the approach which they intend to take to
their role as chairperson and their views about the future contribution of the body or board in
question. Following that discussion, decisions will be taken by the Minister or the Government,
as appropriate, whether to confirm the nominee as chairperson.
In Mr. Meaney’s case, he will make himself available to the appropriate Oireachtas Committee
as soon as it has been established.
State Property
521. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if he will
provide details of the €142 million in fixed assets he has sold in the past eight years. [9489/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I understand that
the Deputy is referring to a statement in the report of the review group on State assets and
liabilities about the profit on the sale by Coillte of fixed assets over the last eight years.
Coillte Teoranta was established as a private commercial company under the Forestry Act,
1988 and day-to-day operational matters, such as land transactions, are the responsibility of
the company.
Under Section 14 of the Forestry Act 1988, Coillte is required to submit, and obtain my
agreement on, an annual programme for the sale and acquisition of land and the sale of timber,
whether standing or felled. In relation to the sale of land, an estimate is provided in the programme
as to the area of land which the company may sell in the particular year. The land
transactions, which arise in a given year, are then the responsibility of the company. As previously
advised to the Deputy, I understand that the properties sold are those considered by
the company not to be of strategic importance to the company’s forestry business.
Rural Environment Protection Scheme
522. Deputy Noel Harrington asked the Minister for Agriculture, Fisheries and Food if an
appeal lodged by a person (details supplied) in County Cork has been determined; and if he
will make a statement on the matter. [9549/11]
331

Questions— 3 May 2011. Written Answers
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named
commenced REPS in August 2006. As a result of an on farm inspection in December 2008 the
person named incurred penalties against the year 4 payment. The person named was informed
of the penalty and of the right to appeal on 27 January 2010. An appeal was received on 14
June 2010. Following this review the person named was informed by letter dated 31 August
2010 that the appeal was not successful and of the right of appeal within three months to the
Agriculture Appeals Office. No appeal was received on behalf of the person named in that
office. All payments due in respect of both year 4 and 5 issued in November 2010.
Departmental Programmes
523. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food the
specific proposals in the Programme for Government for which he is responsible; the target
dates which he has agreed in regard to the delivery of these proposals; and if he will publish
an implementation schedule. [9578/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Programme for
Government prioritises the agri-food and marine sectors as a key element of driving economic
growth.
As the deputy is aware this Government has set out a range of actions covering the next five
years aimed at growing the agri-food sector, agriculture, coastal communities, fisheries and the
marine environment. There are 27 specific commitments in relation to the agri-food, forestry
and marine sectors as part of our overall programme to promote economic recovery.
The Food Harvest 2020 strategy which was developed by the agri-food sector and for which
I have taken personal charge of implementation through the High Level Implementation
Group sets out very ambitious aims including an export target of €12bn by 2020 for the sector
and a 50% increase in milk production. I recently chaired my first meeting of the High Level
Implementation Group and am committed to driving forward the implementation of this
strategy to fully achieve the potential of the agri-food and fishing sector.
I am also prioritising the ongoing EU negotiations on the Common Agricultural Policy and
the Common Fisheries Policy which are likely to continue into 2012 and possibly later, a
renewed forestry programme, the merging of marine responsibilities in my Department on
which work is currently ongoing, the protection of Irish agri-food interests in EU trade negotiations
on which I have been very active since taking office, and a variety of other issues. I am
ensuring that work is progressing on all of these matters as rapidly as possible, although in
some cases within timelines that are largely determined externally. I intend to indicate progress
on this work at regular intervals.
Many of the proposals in the programme for government are of course cross-cutting issues,
some with very significant relevance to the agri-food, forestry and marine sectors. I have
ensured that all such commitments within the Programme for Government have been identified
within my Department and responsibilities assigned. These actions are being actively followed
up in cooperation with other Departments as appropriate.
Mineral Resources
524. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will
examine the viability of a proposal (details supplied); and if he will make a statement on the
matter. [9616/11]
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Questions— 3 May 2011. Written Answers
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): This matter does not
come within the remit of my Department.
Bovine Disease Controls
525. Deputy Jim Daly asked the Minister for Agriculture, Fisheries and Food if the 60-day
brucellosis testing for cattle entering county agricultural shows may be amended to 120 days in
view of the fact that there has not been a reactor here for more than three years and that the
measure would significantly raise the number of applicants to the shows; and if he will make a
statement on the matter. [9623/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Since Ireland
attained Official Brucellosis Free status in 2009, my Department has introduced a number
of changes to the brucellosis testing programme which have significantly reduced the testing
obligations for farmers. The changes to date include increasing the age threshold for the annual
round test from 12 to 24 months and amending the round test requirement such that herds are
now required to be tested only once every two years. In addition, changes made to the premovement
test rules include increasing the testing period from 30 to 60 days, raising the age
threshold for female animals from 12 to 18 months and, in view of the lower risk attached to
their movement, to 24 months for bulls.
My objective is that Ireland maintains its OBF status and it is important therefore to adopt
a cautious approach to any further reduction in controls. in this context, any reduction in the
Brucellosis testing regime is given careful consideration by my Department using risk based
criteria and takes account of, on the one hand, the fact that the disease continues to be present
on this island, and on the other, the desirability of removing costs both for farmers and the
Department.
With regard to the request to extend the pre-movement test period to 120 days for cattle
entering county agricultural shows, my Department believes that the changes already made to
the pre-movement test should provide the necessary flexibility but it will continue to monitor
the situation over the coming months with a view to taking a decision on any further changes
to the brucellosis control regime in Autumn of this year. The farming representative bodies
will be consulted on any policy changes at that stage.
Grant Payments
526. Deputy John Browne asked the Minister for Agriculture, Fisheries and Food when a
suckler cow grant will be paid to a person (details supplied) in County Wexford. [9625/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named
registered 8 animals under the 2008 Suckler Welfare Scheme, 5 animals under the 2009 Suckler
Welfare Scheme and 7 animals under the 2010 Suckler Welfare Scheme. As outlined in my
Department’s letter of 7 April 2010 issued to the applicant, by joining the Scheme, each applicant
undertook to carry out, and notify my Department, details of all the measures provided
for in the Terms and Conditions of the Scheme for the full five years of the Scheme. As the
person named did not notify my Department of any of the events required under the Scheme
for 2008, he is, therefore, ineligible for payment for that year or for any future year of the
Suckler Welfare Scheme.
Departmental Bodies
527. Deputy Clare Daly asked the Minister for Agriculture, Fisheries and Food the steps he
will take to halt the closure of a facility (details supplied) in view of the absence of a cost
333

[Deputy Clare Daly.]
Questions— 3 May 2011. Written Answers
benefit analysis or business plan to support the move, and in view of the serious impact such a
proposal is likely to have on horticultural research and training in this country. [9776/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Under the Agriculture,
(Research, Training and Advice) Act, 1988, Teagasc has statutory responsibility for
the provision of education, advisory and research services to the agriculture sector. It is a
matter for Teagasc and its Board to prioritise activities in the delivery of these services and to
allocate its resources in accordance with these priorities. Ministerial responsibility is confined
to matters of policy in accordance with the Act and the Minister does not interfere in the dayto-day
operations of Teagasc. Accordingly, the future of the Kinsealy Centre is an operational
matter for the Teagasc Authority to consider.
I am aware that the Teagasc Authority approved a major ‘Change Programme’ in 2009 to
reorganise and refocus the organisation to meet the significant challenges that lie ahead. The
Programme provided for rationalisation measures across the organisation including the advisory
office network, research centres, disposal of surplus land and staff reductions. As part of
this Change strategy, the Teagasc Authority decided to move the activities and staff based in
Kinsealy to other locations with the majority transferring to the Teagasc campus in Ashtown.
Teagasc has stressed that the decision to re-locate horticulture services from Kinsealy will
not impact negatively on their support for the horticulture sector. They point out that most of
the permanent staff located in Kinsealy are not involved in Horticulture research and training.
Teagasc has produced a comprehensive ‘Horticultural Plan’ which outlines an alternative model
for horticultural research that is less dependent on the traditional type of research infrastructure.
They are satisfied that the needs of the ‘Horticultural Research’ programme can be
adequately met from the facilities proposed for the Teagasc Centre at Ashtown and by conducting
more research on producer sites.
I understand that Teagasc has carefully assessed the potential costs/benefits attributable to
relocating from Kinsealy to Ashtown and they are satisfied that the closure of Kinsealy will
give rise to significant annual cost savings.
Direct Payment Schemes
528. Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food if he will
confirm the number of farmers awaiting their agri-environment options scheme payment in
County Tipperary; the average wait for such a payment; when he expects to be in a position to
make these payments; and if he will make a statement on the matter. [9788/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Some 452 farmers in
Tipperary have been approved entry into the Agri-Environment Options Scheme.
Under the EU Regulations governing the Agri-Environment Options 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.
Payments will commence at the earliest possible date once these checks have been completed.
529. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food if a
review of entitlement payment for 2010 will be carried out in respect of a person (details
supplied) in County Kerry; and if he will make a statement on the matter. [9800/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I have made the
necessary arrangements to have an official of my Department undertake a full review of this
case and to contact the person named directly in this regard.
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Questions— 3 May 2011. Written Answers
530. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the level
of rural environment protection scheme payment that will issue to a person (details supplied) in
County Kerry; and if he will make a statement on the matter. [9821/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named
commenced REPS 3 in December 2006 and received payment in respect of Year 4 on 12 May
2010. Following an inspection in November 2010 the person named was notified by letter dated
14 March 2011 of a 100% penalty on his year 5 payment. This letter also informed the person
named of the right of appeal to the Agricultural Appeals Office within three months from the
date of notification of the penalty. No record of appeal has been received by that office to date.
531. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the
reasons for a cut in the entitlements being paid to a person (details supplied) in County Kerry;
and if he will make a statement on the matter. [9822/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under
the Single Payment/Disadvantaged Areas Scheme was received from the person named on the
12th of May 2010. The person named declared 118.27 ha on this application but the declared
area was reduced to 115.90 ha following a commonage review. The application was selected
for a ground eligibility and full cross compliance inspection. During the ground eligibility
inspection discrepancies were noted in relation to parcels numbers H20917055, H20917047,
H20917056, H21408022, H21408024 and H22134039 in that inadequate deductions were made
for scrub, trees and a farm roadway.
As a result of the above discrepancies, the total area found post inspection and digitisation
on my Department’s mapping system was 109.63 ha. The total number of entitlements held by
the person named was 121.87 ha. As per the Terms and Conditions of the Single Payment
Scheme, if the difference between the area found and the area declared or the number of
entitlements held (if lower) is greater than 3% but not more than 20% of the area found,
payment is based on the number of eligible hectares found reduced by twice the difference
(in hectares).
In this case, as the area declared was less than the number of entitlements held the calculation
was based on the area declared 115.90 ha and the application of the penalties for the overdeclaration
of areas, as outlined above, resulted in the payable area being reduced to 97.09 ha.
Full payment on this basis net of modulation issued to the person named on the 21st of
December 2010. The person named was informed of the results of the inspection on the 4th of
November 2010 and of his right to seek a review and has since contacted the District Inspector
for his area in relation to same. He was also informed of his right to appeal the outcome of
any review to the Independent Agriculture Appeals Office.
532. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when a
rural environment protection scheme payment will be paid to a person (details supplied) in
County Kerry; and if he will make a statement on the matter. [9823/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named
commenced REPS 4 in June 2009 and received the year 1 payment in May 2010. A query
relating to soil samples arose and an amended plan was requested in April 2011. The application
of the person named will be processed upon receipt of the amended plan.
Greyhound Industry
533. Deputy Maureen O’Sullivan asked the Minister for Agriculture, Fisheries and Food
further to Parliamentary Question No. 79 of 31 March 2011, if he will ensure that Irish greyhounds
are not exported to China if and when Bord na gCon makes a submission to do so; his
335

[Deputy Maureen O’Sullivan.]
Questions— 3 May 2011. Written Answers
views that appropriate transport arrangements as per reply does not adequately answer the
concerns regarding the welfare of the animals in China; and the way he envisages our national
legislation and European legislation having any effect in China on animal welfare. [9876/11]
Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a
commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is
responsible for leading and directing the activities of the Company. My Department is aware
that Bord na gCon is exploring possible business opportunities in China and has been in contact
with my Department is in this regard. My Department is considering the Bord na gCon proposal
and will form a view based on the case presented to it. Bord na gCon has repeatedly
confirmed its commitment to the highest standards of animal welfare in the greyhound industry
and in considering the proposal the need to ensure the welfare of animals will be taken into
account by my Department.
Any proposal to export greyhounds from Ireland to China would require the establishment
and agreement of export health certification protocols with the Chinese authorities and appropriate
transport arrangements would have to be put in place to ensure the welfare of the
animals in transit. My Department endeavours to ensure that all exporters comply with Council
Regulation (EC) No 1/2005 on the protection of animals during transport and related
operations.
All Member States of the EU including Ireland are working to promote better animal welfare
internationally and in this regard Ireland has introduced national legislation giving effect to
Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December
2007 banning the marketing, import to or export from, the Community of cat and dog fur and
products containing such fur. The commitment of this Government to animal welfare in general
is beyond doubt and is reflected among the priorities in the Programme for Government.
Question No. 534 withdrawn.
Ministerial Staff
535. Deputy Brendan Smith asked the Minister for Community, Equality and Gaeltacht
Affairs the detail of all permanent Civil Service or non-established positions which are in place
in her Department in respect of assisting Ministers with constituency work; the monthly salaries
for these positions; and if any further appointments are envisaged. [9134/11]
Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): The
numbers of staff currently assigned to work on constituency matters within my Department is
set out in the following table. The officers in question are not paid on a monthly basis and
therefore the annual salary for those officers is provided. The question of further appointments
to my constituency office will be considered shortly, in line with the recently issued guidelines
on the staffing of Ministerial Offices.
Staff assigned to work on constituency work in the Minister’s Office
Grade Numbers (whole-time Annual Salary
equivalent)
Personal Assistant 1 43,715
Clerical Officer 1 36,267
€
336

Questions— 3 May 2011. Written Answers
Ministerial Appointments
536. Deputy Brendan Smith asked the Minister for Community, Equality and Gaeltacht
Affairs if he will list the details of all State appointments open to direct choice by her on 10
March 2011. [9148/11]
Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): As
the Deputy will be aware, my Department was established in June 2002 and therefore the
information requested in respect of 27 June 1997 is not available. The Deputy will also be aware
that the functions previously vested in me, as Minister with responsibility for the Department of
Community, Equality and Gaeltacht Affairs, have recently transferred to newly reconfigured
Departments, with the exception of functions relating to Family Policy and consultation on
Gaeltacht planning matters. It is anticipated that a draft Order will be brought to Government
shortly changing the title of my Department to the Department of Children and Youth Affairs.
In the context of the functions currently vested in me, as Minister with responsibility for the
Department of Community, Equality and Gaeltacht Affairs, I can advise the Deputy that there
were 4 vacancies of the nature referred to on the Family Support Agency as of 10 March 2011.
Ferry Services
537. Deputy Michael McCarthy asked the Minister for Community, Equality and Gaeltacht
Affairs the guidelines surrounding the appointment of a ferry monitoring committee to a ferry
service (details supplied) in County Cork; and if she will make a statement on the matter.
[9471/11]
Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): As
the Deputy may be aware, functions in relation to islands that were previously vested in me,
as Minister with responsibility for the Department of Community, Equality and Gaeltacht
Affairs, have transferred by Order to the Minister for Arts, Heritage and the Gaeltacht with
effect from 1 May 2011. Accordingly, I have requested the Minister to communicate directly
with the Deputy in relation to the matter raised in the Question.
Programme for Government
538. Deputy John McGuinness asked the Minister for Community, Equality and Gaeltacht
Affairs the specific proposals in the Programme for Government for which she is responsible;
the target dates which she has agreed in respect of the delivery of these proposals; and if she
will publish an implementation schedule. [9580/11]
Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): As
the Deputy will be aware, the functions previously vested in me, as Minister with responsibility
for the Department of Community, Equality and Gaeltacht Affairs, have recently transferred
to newly reconfigured Departments, with the exception of functions relating to Family Policy
and consultation on Gaeltacht planning matters. It is anticipated that draft Orders will be
brought to Government shortly transferring functions relating to Children and Youth Affairs
to the Department of Community, Equality and Gaeltacht Affairs, which will subsequently be
renamed the Department of Children and Youth Affairs.
In relation to the functions currently vested in me as Minister with responsibility for the
Department of Community, Equality and Gaeltacht Affairs, I can advise the Deputy that, in
the context of my Family Policy portfolio, I will be liaising with the Minister for Justice and
Equality in relation to progressing the specific commitment in the Programme for Government
to encourage and facilitate the use of mediation to resolve, inter alia, family disputes in order
337

[Deputy Frances Fitzgerald.]
Questions— 3 May 2011. Written Answers
to speed up resolution of disputes, reduce legal costs and ameliorate the stress of contested
court proceedings. The Deputy will appreciate that the drawing up of an implementation schedule
of the nature referred to by him would be premature, pending completion of the transfer
of functions process in relation to my Department.
Medical Cards
539. Deputy Shane Ross asked the Minister for Health and Children if he will grant a medical
card to persons (details supplied). [9172/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
Community Care
540. Deputy Joe Costello asked the Minister for Health and Children his plans to reduce or
close down the community welfare service at a location (details supplied); and if he will make
a statement on the matter. [9181/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been referred to the HSE for attention and direct reply to the Deputy.
Health Services
541. Deputy Jack Wall asked the Minister for Health and Children if a person (details
supplied) in County Kildare is entitled to travel expenses and if so the procedure that the
person must take to obtain such a payment; and if he will make a statement on the matter.
[9289/11]
542. Deputy Jack Wall asked the Minister for Health and Children if a person (details
supplied) is entitled to travel expenses and if so the procedure that the person must take to
obtain such a payment; and if he will make a statement on the matter. [9292/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
541 and 542 together.
As the issue raised by the Deputy is a service matter, it has been referred to the Health
Service Executive (HSE) for direct reply. I can advise the Deputy that the HSE is currently
reviewing its policy in relation to eligibility for non-ambulance based patient transport services
in order that a consistent policy is adopted nationally for these services. The need for patients
to travel arises partly as a result of the consolidation of cancer services by the HSE National
Cancer Control Programme (HSE NCCP). There are a number of systems of support in place
for cancer patients who have to travel for treatment, through the Community Welfare Office
services and the Travel2Care scheme. The Travel2Care scheme is being implemented on a
phased basis in line with the transfer of cancer services to the designated centres and the
approved satellite centre, where this transfer of services has caused financial hardship. This
scheme, which is funded by the HSE NCCP and administered by the Irish Cancer Society,
provides some financial help towards the costs of public transport such as trains or buses,
private transport costs; or petrol and parking.
Preschool Services
543. Deputy Dan Neville asked the Minister for Health and Children the position regarding
338

Questions— 3 May 2011. Written Answers
the preschool grant in respect of a person (details supplied) in County Limerick; and if he will
make a statement on the matter. [9409/11]
Minister for Health and Children (Deputy James Reilly): The objective of the free Pre-
School Year in Early Childhood Care and Education (ECCE) programme is to make early
learning in a formal setting available to children in the year before they commence primary
school. Approximately 4,300 preschool services, 95% of those operating in the State, are participating
in the programme which requires appropriate age related activities and programmes to
be provided to children within a targeted age range which spans almost 17 months.
Children are eligible for the free Preschool Year where they are aged more than 3 years 2
months and less than 4 years 7 months in September of the relevant year and 63,000 children,
or 94% of the eligible cohort, are currently availing of the programme. In setting the minimum
and maximum age limits, account was taken of a number of factors, including the variation in
school admission policies and the fact that the majority of children commence primary school
between the ages of 4 years 6 months and 5 years 6 months. In the case referred to by the
Deputy, as the child in question was born in July 2007 he will be eligible for the free Preschool
Year commencing in September 2011 should his parents choose to avail of this option. I understand
that this issue has been investigated by the Office of the Ombudsman for Children which
found no reason to remove or amend the lower age limit, accepting it as reasonable having
regard to the various factors which apply.
Services for People with Disabilities
544. Deputy Mary Mitchell O’Connor asked the Minister for Health and Children if he will
ensure that a service of speech and language therapy will be provided for children with autism
when they attend mainstream primary schools to bring them in line with the service children
with autism receive when they attend special schools. [9678/11]
Minister for Health and Children (Deputy James Reilly): Specialist Disability services are
provided to enable each individual with a disability to achieve his or her full potential and
maximise independence, including living as independently as possible. Services are provided in
a variety of community and residential settings in partnership with service users, their families
and carers and a range of statutory, non-statutory, voluntary and community groups.
Services have been developed by individual service providers or former Health Boards over
time and reflect the individual experience and expertise of providers in meeting local needs.
This has led to variations in the way services are configured at the local level and, in relation
to the provision of therapy supports for children with disabilities, the Health Service Executive
(HSE) has recognised the need to enhance the level of consistency and standardisation in the
way both early intervention services and services for school-aged children with disabilities are
delivered. The reconfiguration of existing therapy resources to geographic based teams for
children (0-18 years) has been identified as a priority and is a ‘Key Result Area’ in the Executive’s
National Service Plan 2011. National, regional and local level structures are being put in
place to progress this initiative, which will have a positive impact on the provision of clinical
services for children with disabilities, including those with autism.
Health Services
545. Deputy Richard Boyd Barrett asked the Minister for Health and Children the number
of children on the waiting list for speech and language therapists by area and the average
waiting time for same. [9895/11]
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Questions— 3 May 2011. Written Answers
Minister for Health and Children (Deputy James Reilly): As the Deputy’s question relates
to service matters I have arranged for the question to be referred to the Health Service Executive
for direct reply to the Deputy.
Health Service Staff
546. Deputy Richard Boyd Barrett asked the Minister for Health and Children the number
of speech and language therapists currently in the system and the way this compares with
numbers prior to the previous Government’s moratorium on recruitment. [9896/11]
Minister for Health and Children (Deputy James Reilly): The current Employment Control
Framework for the Health Sector 2011-2014 provides exemptions for a number of specific
grades, including speech and language therapists, from the general moratorium on recruitment
and promotion. The previous Employment Control Framework also contained similar exemptions
from the moratorium which was introduced in March 2009. The current Framework provides
for vacant speech and language therapist posts to be filled. In addition, it also provides
for the creation of a combined total of 380 speech & language therapist, physiotherapist and
occupational therapist posts, in addition to the December 2009 level for these grades. The
numbers (WTE excld. career break) of speech and language therapists employed in the public
health service from December 2008 to March 2011 (latest data) are as set out in the following
table.
Dec 08 Dec 09 Dec 10 Mar 11
750 776 839 856
Hospital Services
547. Deputy Niall Collins asked the Minister for Health and Children if he has instructed
the Health Service Executive not to close one of the operating theatres and the associated
ward closure in a hospital (details supplied) in County Limerick, which is due to be
implemented effective on 3 May 2011; and if he will make a statement on the matter.
[10152/11]
556. Deputy Patrick O’Donovan asked the Minister for Health and Children if he will initiate
a review of an announcement of the Health Service Executive to close on a temporary basis, a
surgical ward and operating theatre at Croom Orthopaedic Hospital, County Limerick due to
budgetary constraints within the Mid-Western Hospital Group on the basis that Croom Orthopaedic
Hospital is reported to be currently operating within budget. [9048/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
547 and 556 together.
In common with other public services, the health services are facing significant financial
challenges. The key priority for the Government and the HSE in dealing with the serious
budget pressures on the health services is to minimise the effect on services for patients to the
greatest degree possible. There is, however, a requirement on health agencies to take all appropriate
steps to keep within budget and to take early and decisive action to ensure that potential
overruns are addressed while maintaining services.
As the planned activity and expenditure levels of Croom Orthopaedic Hospital during the
first quarter of the year exceeded approved levels, it has become necessary for the HSE to
devise proposals to address this issue. I sought an immediate briefing from the HSE on its
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Questions— 3 May 2011. Written Answers
proposals. I indicated to the Executive that it should ensure that the service plan targets for
Croom are at least met and if possible exceeded. This would require a particular focus on
efficiency improvements including increasing day of surgery admission rates, and additional
day case work. I also insisted that outpatient waiting lists be addressed, so that patients do not
have to wait for unacceptable periods of time.
In response to the concerns I raised, I have now been advised by the HSE that a plan has
been devised that will realise savings of €2.1m in the current year on the basis of continuing
activity at current levels, with no breaches of waiting time targets for hip and knee replacements.
This is to be achieved through a combination of efficiency measures agreed with the
Clinicians as follows:
Improved management of day of admission for surgical procedures
Improved management of average length of stay
Cost control in relation to medical and surgical supplies
Improved income collection and bed management
I am pleased to say that an additional 6,000 out-patients will be seen in Croom through a
series of measures in the areas of physiotherapy, pain management and other services. The
combination of these measures will result in a major reduction in the numbers of patients
awaiting outpatient appointments in the mid-west area. I am committed to ensuring acute
hospital services at national, regional and local level are provided in a clinically appropriate
and efficient manner. In particular, I want to ensure that as many services as possible can be
provided safely in smaller local hospitals. Finally, I want to acknowledge the important role
that Croom Orthopaedic Hospital plays as part of the health services infrastructure of the
Mid-West.
Mental Health Services
548. Deputy Eric Byrne asked the Minister for Health and Children his plans to establish a
national mental health directorate to oversee the reform of mental health services. [10142/11]
637. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if he has considered
establishing a national mental health directorate to oversee the reform process in the
field of mental health service provision. [9798/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
548 and 637 together.
The Government has prioritised the reform of the mental health service in line with ’A
Vision for Change’. The Programme for Government makes a number of commitments in
relation to mental health and I am currently engaged in discussions with officials in my Department
as well as the HSE with a view to delivering progress on the reform process in this area
as early as possible.
Legislative Programme
549. Deputy Eric Byrne asked the Minister for Health and Children his plans to update
the Mental Health Act 2001 to bring it in line with current international and human rights
standards. [10143/11]
341

Questions— 3 May 2011. Written Answers
638. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children his plans to
amend the Mental Health Act 2001; and if he will bring forward amendments to increase the
human rights protections of persons with mental health problems. [9799/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
549 and 638 together.
The Government is committed to a review of the Mental Health Act 2001. The review, which
it is planned will commence later this year, will be informed by a human rights approach. My
Department has already engaged the Health Research Board to undertake research into human
rights based legislation in other jurisdictions. A wide ranging consultation will be undertaken
as part of the review, where my Department will seek the views of the public, relevant stakeholders
and other interested groups.
Health Service Allowances
550. Deputy Noel Coonan asked the Minister for Health and Children when a back to school
clothing and footwear 2010 payment will issue to a person (details supplied) in County
Tipperary; the reason for the delay in issuing same; and if he will make a statement on the
matter. [9021/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been referred to the HSE for attention and direct reply to the Deputy.
Cancer Screening Programme
551. Deputy Mary Mitchell O’Connor asked the Minister for Health and Children if he will
consider lowering the age of women to be included in the national breast screening programme.
[9024/11]
Minister for Health and Children (Deputy James Reilly): The BreastCheck Programme provides
free mammograms to all women aged 50-64. The Programme for Government includes
the extension of Breastcheck to women in the 65-69 age group, in keeping with EU Guidelines
on effective screening for breast cancer.
The main priority for the HSE’s National Cancer Screening Service (NCSS) at present is to
maximise national uptake in the 50-64 year age cohort. In the meantime women of any age
who have concerns about breast cancer should seek the advice of their GP who will, if appropriate,
refer them to the symptomatic breast services in one of the eight designated specialist
cancer centres.
The NCSS continually reviews and assesses new and emerging evidence in screening benefits,
including the optimum age range for screening. In 2009 it commissioned a review of the evidence
for reducing the lower screening age limit from 50 to 47 years. The review found that
the effectiveness of screening below age 50 remains an issue of debate. Several randomised
controlled trials in screening have included younger age groups but have not confirmed significant
reduction in mortality in the 40-49 age group. The review concluded that while a reduction
in screening age might be of some benefit to some younger women, the merits of extending
the programme age range downwards from a population-based screening perspective are a
matter of debate. The review did not change the overall position that while the case for
extending the age downwards is now stronger than it used to be, the case for extending the
programme to older women was still stronger. Extending the age range to 69 must therefore
be the priority for the NCSS.
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Questions— 3 May 2011. Written Answers
Long-Term Illness Scheme
552. Deputy Mary Mitchell O’Connor asked the Minister for Health and Children if he
will consider adding ulcerative colitis to the list of illness covered under the long-term illness
scheme. [9025/11]
Minister for Health and Children (Deputy James Reilly): Under the 1970 Health Act, the
Health Service Executive may arrange for the supply, without charge, of medicines and medical
and surgical appliances to people with specified conditions, for the treatment of that condition,
through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital copayments.
The conditions are: mental handicap, mental illness (for people under 16 only),
phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes
insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, Parkinsonism,
conditions arising from thalidomide and acute leukaemia. There are currently no
plans to extend the list of eligible conditions covered by the LTI.
Under the Drugs Payment Scheme, which was introduced in 1999, no individual or family
unit pays more than €120 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 consultations. Under the Governments
proposals for Universal Health Insurance and free GP care at the point of delivery, this issue
will be considered and addressed.
Medical Cards
553. Deputy Finian McGrath asked the Minister for Health and Children the position regarding
a medical card in respect of a person (details supplied) in Dublin 5. [9035/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
Health Service Staff
554. Deputy Frank Feighan asked the Minister for Health and Children his plans to introduce
an early retirement scheme for nurses similar to the Health Service Executive redundancy
package last November. [9040/11]
Minister for Health and Children (Deputy James Reilly): The Government is committed to
bringing about a significant reduction in the number of staff across the public service over the
period to 2015, to realise efficiencies in the delivery of public services and contribute to the
overall correction of the national finances, while protecting front line services as far as possible.
The Minister for Public Expenditure and Reform is currently considering the range of
measures that will be necessary to bring about the necessary numbers reductions. Policy
measures across various areas of Government activity should contribute to this overall objective
and the Government will be carrying out a comprehensive review of expenditure this year to
examine all areas where savings and numbers reductions might be identified. Part of the overall
policy on public service numbers may involve voluntary staff exit mechanisms and the options
in this regard will be considered by the Government in this overall context.
343

Questions— 3 May 2011. Written Answers
Foreign Adoptions
555. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children his plans
to amend the inter-country adoption process here; and if he will make a statement on the
matter. [9042/11]
Minister for Health and Children (Deputy James Reilly): The Adoption Act 2010 gives force
of law to the Hague Convention on the Protection of Children and Co-operation in Respect
of Inter-country Adoption. In accordance with Article 46.1 of the Hague Convention, the Convention
entered into force for Ireland on 1 November 2010. I have no plans to amend the
legislation on this matter further. The Adoption Authority and the HSE continue to work to
improve all adoption processes within the parameters set out under the Act.
Question No. 556 answered with question No. 547.
Health Services
557. Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if he will consider
correspondence (details supplied) in respect of services for a child; if the request for an MRI
scan will be expedited; if the audiological services required will be delivered without delay; and
if he will make a statement on the matter. [9049/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been to referred to the Health Service Executive for direct reply.
Care of the Elderly
558. Deputy Catherine Byrne asked the Minister for Health and Children, in view of the
recent research produced by the Centre for Ageing Research and Development in Ireland
which showed that seven out of ten older persons in nursing homes are being given inappropriate
medication, the precautions or measures that are being encouraged by him to stop
this potentially fatal activity; and if he will make a statement on the matter. [9061/11]
Minister for Health and Children (Deputy James Reilly): Under the Health Act 2007 statutory
responsibility is given to the Chief Inspector of Social Services, part of the Health Information
and Quality Authority (HIQA), for the independent inspection and registration of
residential care settings for older people (nursing homes). Since 1 July 2009 all nursing homes
are registered under the Health Act 2007 (Registration of Designated Centres for Older
People) Regulations 2009, as amended, by the Chief Inspector.
All nursing homes are inspected under the Health Act 2007 against the Health Act 2007
(Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009.
They must also meet the National Quality Standards for Residential Care Settings for Older
People in Ireland to be registered.
Standards 14 and 15 and 21 are of particular relevance. They cover medication management,
medication monitoring and review and responding to challenging behaviour. Ordering,
Prescribing, Storing and Administration of Medicines in nursing homes is regulated under
article 33 of the Care and Welfare Regulations referred to above. Nursing Homes are also
required under the Care and Welfare Regulations to maintain records of all medicines kept
for patients and details of dates and times administered.
The Chief Inspector has the power to refuse to register, attach conditions to a registration
or cancel the registration of a designated centre in the event of non-compliance with the regu-
344

Questions— 3 May 2011. Written Answers
lations or the standards. My Department will shortly publish a National Policy to promote a
restraint free environment in designated centres for older people.
Pharmacy Services
559. Deputy Catherine Byrne asked the Minister for Health and Children if he will outline
any proposed changes to the prescription charge regime; and if he will make a statement on
the matter. [9062/11]
597. Deputy Aodhán Ó Ríordáin asked the Minister for Health and Children if he will make
a statement on the recent announcements regarding prescription charges. [9422/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
559 and 597 together.
An analysis of the available research shows that prescription charges tend to reduce the use
of medicines among certain patient groups. This can create negative health effects. Reducing
the use of essential medicines may lead to increased hospitalisation, resulting in greater costs
for the Exchequer in the long-term. It is my intention, subject to Government approval, to
introduce legislation to abolish prescription charges for medical card holders.
Health Service Staff
560. Deputy Finian McGrath asked the Minister for Health and Children if the number of
Health Service Executive staff on career breaks is damaging front-line service provision.
[9073/11]
Minister for Health and Children (Deputy James Reilly): A career break scheme has been
in operation in the HSE and, before its establishment, the health boards as part of the wider
arrangements in place in the public sector. Career breaks have been offered as part wider
family friendly policies in the public sector and indeed such schemes are also offered by some
organisations in the private sector. A career break may be allowed for a number of reasons
including family and domestic purposes (e.g. care of a relative), travel abroad, and educational
purposes.
While line managers are asked to facilitate applications for career breaks as far as possible,
the needs of the business or service may require that some applications will have to be refused;
the operation of the career break scheme is subject to the operating requirements of the HSE
not being significantly adversely affected, in particular that essential service provision is not
undermined. In addition, in 2009 a Special Incentive Career Break Scheme was made available
for a limited period, as part of the efforts to achieve a reduction in spending on the pay bill.
This special scheme provided an incentive payment of a third of gross basic pay to a maximum
of €12,500 per year, for each year of the 3 year period of the career break incentive scheme.
The HSE should normally reallocate or re-organise work or staff, where any vacancy arises
due to a career break. The filling of vacancies arising is subject to current Government policy
on public service numbers and, in particular, the Employment Control Framework in the health
sector. I have been informed by the HSE that there are currently 930 individuals on or awaiting
return from career break across the HSE.
Public Procurement
561. Deputy Bernard J. Durkan asked the Minister for Health and Children the current
procurement procedures operated by the Health Service Executive; if those seeking to tender
for purchase of supplies or supply of services are allowed to make offers in respect of individual
345

[Deputy Bernard J. Durkan.]
Questions— 3 May 2011. Written Answers
items or if tenderers are encouraged to group or amalgamate the supply of items, goods or
services, which could affect both competition and quality; and if he will make a statement on
the matter. [9074/11]
Minister for Health and Children (Deputy James Reilly): The issue of procurement procedures
operated by the Health Service Executive (HSE) is a matter for the HSE. My Department
has requested the HSE to reply directly to the Deputy.
Health Service Staff
562. Deputy Bernard J. Durkan asked the Minister for Health and Children the total number
of qualified registered nurses employed in the public health service on an annual basis from
2001 to date in 2011; and if he will make a statement on the matter. [9075/11]
Minister for Health and Children (Deputy James Reilly): The numbers (whole-time equivalents,
excluding those on career breaks) of nurses employed in the public health service from
December 2001 to March 2011 (latest data) are set out in the following table.
Dec 01 Dec 02 Dec 03 Dec 04 Dec 05 Dec 06 Dec 07 Dec 08 Dec 09 Dec 10 Mar 11
Total postregistration
nurses 31,429 33,395 33,766 34,313 35,248 36,737 37,829 38,075 37,389 36,358 36,423
Total preregistration
student
nurses — — — — — — 1,177 33 77 146 734
Total nursing 31,429 33,395 33,766 34,313 35,248 36,737 39,006 38,108 37,466 36,503 37,157
Note: Pre-registration nurses were not included in the health service staff census prior to 2007.
Health Service Staff
563. Deputy Aodhán Ó Ríordáin asked the Minister for Health and Children the reason the
proposal by CORU to levy an annual registration fee of €350 on social workers is going ahead;
and if he will make a statement on the matter. [9084/11]
Minister for Health and Children (Deputy James Reilly): CORU is the umbrella body
responsible for protecting the public by regulating health and social care professionals. It
includes the Health and Social Care Professionals Council and the 12 registration boards to be
established under the Health and Social Care Professionals Act 2005. The Health and Social
Care Professionals Council was established in March 2007 and has been working to put in place
the necessary structures for registration, education and fitness to practise for the twelve health
and social care professions designated in the Act. The first registration board under the Health
and Social Care Professionals Council, the Social Workers Registration Board, was established
in August 2010, with arrangements now being progressed to facilitate the opening of the Social
Workers Register to accept registrants of the profession.
CORU will announce the opening of the Social Workers Register shortly and this will mark
the start of statutory registration of this profession. CORU will also formally announce the
registration fee that will be applicable to registrants of the Social Workers Register in advance
of the opening of this first register. The fees will be set by CORU, having regard to the requirement
for the Health and Social Care Professionals Council to be self-funding. Fees are eligible
for tax relief at the highest rate of tax payable by the individual. CORU has been provided with
seed funding by my Department to-date but is expected to become self-funding by charging fees
346

Questions— 3 May 2011. Written Answers
to meet all of its costs. Representatives from CORU, and officials from my Department, have
recently met with unions representing the professions, to discuss the operation of statutory
registration for the professions concerned and various issues relating to the level of registration
fee.
CORU will enable health and social care professionals to practice in a regulated manner
while providing the highest level of patient care and service, and this positive development is
very much to be welcomed.
Health Insurance
564. Deputy Jack Wall asked the Minister for Health and Children when a person (details
supplied) in County Kildare will receive their European health insurance card; and if he will
make a statement on the matter. [9091/11]
Minister for Health and Children (Deputy James Reilly): 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
565. Deputy Gerald Nash asked the Minister for Health and Children the number of children
here covered by the medical card scheme in 2010 and in 2011; and if he will make a statement
on the matter. [9117/11]
Minister for Health and Children (Deputy James Reilly): The Health Service Executive
(HSE) has reported to my Department that there were 34,134 and 39,022 children 0-15 years
of age covered by the GMS Medical Cards and GP Visit Cards on 31 March 2010 and 31 March
2011 respectively.
Medical Cards
566. Deputy Jack Wall asked the Minister for Health and Children the position regarding
an appeal against the decision not to grant a full medical card in respect of persons (details
supplied) in County Kildare; and if he will make a statement on the matter. [9121/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
Health Services
567. Deputy Niall Collins asked the Minister for Health and Children if he will arrange an
appointment in respect of a person (details supplied) in County Cork. [9128/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the HSE for direct reply.
Ministerial Staff
568. Deputy Brendan Smith asked the Minister for Health and Children the detail of all
permanent Civil Service or non-established positions in his Department in respect of assisting
Ministers with constituency work; the monthly salaries for these positions; and if any further
appointments are envisaged. [9141/11]
Minister for Health and Children (Deputy James Reilly): The numbers of staff currently
assigned to constituency work within my Department is set out in the following tables. The
347

[Deputy James Reilly.]
Questions— 3 May 2011. Written Answers
question of further appointments will be considered shortly in line with recently issued Guidelines
on the staffing of Ministerial Offices.
Minister, Deputy Reilly’s Office
Grade Numbers (whole time Annual Salary
equivalent)
Personal Assistant 1 €48,520
4th Point Personal Assistant Scale
Personal Secretary 1 €38,945.07
8th Point Personal Secretary Scale
Minister of State, Deputy Róisín Shortall
Grade Numbers (whole time Annual Salary
equivalent)
Personal Assistant 1 €52,925
7th Point Personal Assistant Scale
Personal Secretary 1 €34,195.12
6th Point Personal Secretary Scale
Clerical Officer 1 €36,266.66
2nd LSI Clerical Officer Scale
Minister of State, Deputy Kathleen Lynch
Grade Numbers (whole time Annual Salary
equivalent)
Personal Assistant 1 €52,925
7th Point Personal Assistant Scale
Personal Secretary 1 €25,265.03
2nd Point Personal Secretary Scale
Ministerial Appointments
569. Deputy Brendan Smith asked the Minister for Health and Children if he will list the
details of all State appointments open to direct choice by him on 10 March 2011. [9155/11]
Minister for Health and Children (Deputy James Reilly): Clarification on the details of the
question is being sought from the Deputy’s office. When this is received the information
requested will be forwarded to the Deputy.
Hospital Services
570. Deputy Patrick O’Donovan asked the Minister for Health and Children if he will review
the case of a person (details supplied) in County Louth who is awaiting a medical procedure.
[9577/11]
348

Questions— 3 May 2011. Written Answers
Minister for Health and Children (Deputy James Reilly): The Deputy’s question relates to
service delivery matters and accordingly I had asked the HSE for a response on this issue. The
concerns raised relate to Our Lady of Lourdes Hospital rather than the Mater Hospital.
National policy in relation to colonoscopies is that all urgent cases which are assessed by a
doctor as being at risk from cancer are seen within a 28 day target. In 2009 the HSE provided
hospitals with national guidelines on managing colonoscopies. The guidelines included a definition
to prioritise patients referred for colonoscopy services into two groups — urgent and
non-urgent.
I have been informed by the HSE that the Consultant Surgeon and Consultant in Emergency
Medicine in Our Lady of Lourdes Hospital have reviewed this case, referring to the patient’s
medical records. All requests for colonoscopy are triaged to ensure that a suitable date is given
for the test, based on clinical presentation. They have concluded that the tests and treatment
plans as arranged in this case are appropriate. I understand the Hospital is to correspond
directly with the patient on the issues raised.
Hospitals Building Programme
571. Deputy Joe Costello asked the Minister for Health and Children when the review of
the decision to build the National Paediatric Hospital will start; the terms of reference for
same; when it is expected to conclude; and if he will make a statement on the matter. [9169/11]
Minister for Health and Children (Deputy James Reilly): The Government has committed,
under the Programme for Government, to the construction of the New Children’s Hospital.
Since my appointment as Minister, I have been engaged in discussions with my officials and
with the National Paediatric Hospital Board in order to brief myself on the work done on this
project to date. I want to be clear about how we can best provide the hospital in the most cost
effective manner while ensuring a high quality service for our children and young people.
I intend to carry out a review of the National Children’s Hospital project and will announce
the details shortly. I am in the process of finalising issues around the scope of the Review.
When this is complete I will decide on the appropriate approach to the carrying out of this
Review. I anticipate that the review, once commenced, should take approximately four weeks
to complete.
It is essential that all the facts are carefully considered before a final decision is taken on the
best approach. In particular I wish to be satisfied that the hospital will provide the best possible
clinical outcomes for children and young people. You may rest assured that I wish to avoid
any unnecessary delay to the development of this very important project.
Medical Cards
572. Deputy Joe Costello asked the Minister for Health and Children the number of persons
in receipt of the medical card or the general practitioner visit card in each of the past five
years; the number of refusals in each category in each of the past five years; the number granted
on appeal; and if he will make a statement on the matter. [9170/11]
Minister for Health and Children (Deputy James Reilly): Details of the numbers of Medical
Card and General Practitioners Visit Card holders are provided to my Department by the
Health Service Executive (HSE). Details for the years 2006 to 2010 are included in the following
table:
349

[Deputy James Reilly.]
Questions— 3 May 2011. Written Answers
Year No. Medical Cards No. GP Visit Cards
2006 1,221,695 51,760
2007 1,276,178 75,589
2008 1,352,120 85,546
2009 1,478,560 98,325
2010 1,615,809 117,423
The information sought by the Deputy in relation to the number of refusals in each category
in each of the past five years and the number granted on appeal is not readily available.
However, I have asked the HSE to supply this information to me and I will forward it to the
Deputy as soon as possible.
Hospital Services
573. Deputy Mary Mitchell O’Connor asked the Minister for Health and Children if a protocol
exists whereby stroke patients must be taken by ambulance to St Colmcille’s Hospital,
Loughlinstown, County Dublin, if it is the nearest hospital, despite the fact that it has no
thrombolysis service and that a 24-hour seven-day thrombolysis service operates in nearby St
Vincent’s University Hospital; and if he will make a statement on the matter. [9171/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been referred to the Health Service Executive for direct reply.
Health Services
574. Deputy Ciarán Lynch asked the Minister for Health and Children when a person (details
supplied) in County Cork who is awaiting orthodontic treatment at St. Finbarr’s Hospital, may
expect to be treated; and if he will make a statement on the matter. [9185/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the HSE for direct reply.
575. Deputy Niall Collins asked the Minister for Health and Children the full schedule of
entitlements available to members of the Traveller community under his aegis; and if he will
make a statement on the matter. [9216/11]
Minister for Health and Children (Deputy James Reilly): Travellers are entitled in the same
way as other citizens to public health and social services. However, dedicated services to
address the specific health issues that members of the Travelling community experience are
delivered by the Traveller Health Units in each HSE region.
576. Deputy Michael McGrath asked the Minister for Health and Children the position
regarding an appointment for an operation in respect of a person (details supplied) in County
Cork. [9237/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been referred to the HSE for direct reply.
Medical Cards
577. Deputy Michael McGrath asked the Minister for Health and Children the position
350

Questions— 3 May 2011. Written Answers
regarding an application for a medical card in respect of persons (details supplied) in County
Cork. [9238/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
Sunbeds Regulation
578. Deputy Brendan Griffin asked the Minister for Health and Children if he will proceed
to regulate the importation and use of sunbeds; and if he will make a statement on the
matter. [9244/11]
599. Deputy Simon Harris asked the Minister for Health and Children his views on banning
the use of sunbeds for children under 18 years; and if he will make a statement on the
matter. [9429/11]
631. Deputy James Bannon asked the Minister for Health and Children the position regarding
the proposed legislation for the regulation of sunbeds; and if he will make a statement on
the matter. [9672/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
578, 599 and 631 together.
There has been a growing body of evidence over recent years that the use of sunbeds,
especially by children, should be restricted because of the associated increased risk of skin
cancer and other health problems. The World Health Organisation, the Irish Cancer Society,
the Environmental Health Officers’ Association and the National Cancer Control Programme
in the HSE have all expressed concern about the use of sunbeds.
Within the coming weeks, I will seek Government approval to prepare legislation to regulate
sunbed use, in particular to prohibit their use by those under 18 years of age. Other proposals
include ensuring that adequate protective eyewear is provided, that information on the health
risks associated with sunbeds use is provided, and prohibiting sunbed outlets and retailers from
attributing health benefits to sunbed use. My Department has already completed a considerable
body of work in relation to the proposed legislation. Subject to Government approval, work
will proceed on drafting the required legislation. My aim is that the legislation will be initiated
in the Oireachtas before the end of this year.
Health Service Staff
579. Deputy Brendan Griffin asked the Minister for Health and Children if fourth year
student nurses will be paid for their work placements; and if he will make a statement on the
matter. [9248/11]
Minister for Health and Children (Deputy James Reilly): I recently approved a review of
the rationale for the abolition of payments to student nurses during their fourth year preregistration
rostered placement. As part of this review, my Department has sought the views
of the relevant nursing unions. The Deputy may wish to note that the review does not
encompass the arrangements for student nurses undertaking a rostered placement in 2011
under which they are paid 76% of the starting pay of a staff nurse.
Care of the Elderly
580. Deputy Eric Byrne asked the Minister for Health and Children if funding can be reallo-
351

[Deputy Eric Byrne.]
Questions— 3 May 2011. Written Answers
cated to salaries, programme costs and overheads to extend the Friendly Call Service (details
supplied) until June 2012. [9256/11]
Minister for Health and Children (Deputy James Reilly): The Deputy will be aware that this
particular project relates to Dormant Account funding. I have asked officials in my Department
to make enquiries in relation to the matter, in conjunction with the HSE and other relevant
Dormant Account funding stakeholders.
Neurological Services
581. Deputy Brian Walsh asked the Minister for Health and Children his plans to improve
neurological care services; if he has considered the recommendations contained in the Neurological
Alliance of Ireland’s Thinking Ahead campaign; and if he will make a statement on the
matter. [9257/11]
Minister for Health and Children (Deputy James Reilly): In 2010 the Director of the Office
of Clinical Strategy and Programmes in the HSE met the Irish Consultant Neurologists’ Association
(Neurology Faculty) to discuss how best to move neurological services forward in Ireland.
Following discussions it was agreed to appoint a number of Neurologists to lead three key
national programmes, giving neurological care a major focus in the HSE.
The first programme deals with neurology out patient departments and aims to provide
standardised care for neurology patients and to increase access so that patients will not wait
more than 30 days for an appointment. The programme will establish referral guidelines and
encourage the increased use of neurolink.
The second programme deals with epilepsy services and aims to introduce rapid access clinics
to assist with admission avoidance and reduce the number of attendances to emergency departments.
This will include the introduction of twenty four hour, seven day a week telephone
access to expert opinion for all health care professionals. The HSE’s service plan has made
provision for the recruitment of twenty epilepsy specialist nurses to provide satellite/outreach
services to patients.
The third programme deals with stroke services and aims to establish robust clinical governance
systems for stroke care, including local stroke teams and regional stroke networks. This
is due to include access to safe and effective stroke thrombolysis in all hospitals admitting acute
stroke on a twenty four hour, seven day a week basis. The HSE’s service plan also provides
for the establishment of nine new acute stroke units in hospital admitting significant numbers
of stroke patients.
The setting up of these programmes shows the importance that the HSE gives to neurological
care and its commitment to improving access to neurological services.
Furthermore, the HSE has emphasised to my Department that all national programmes,
including those concentrating on neurology, will have a focus on patient advocacy. These interrelated
programmes aim to improve service quality, effectiveness and patient access and to
ensure that patient care is provided in the service setting most appropriate to individuals’ needs.
I am being briefed by my Department and the HSE on these important clinical programmes
and on the organisation of acute services in each region.
I welcome the action plan for neurological care by the Neurological Alliance of Ireland,
which emphasises the importance of neurological care and raises many issues that these Neurology
programmes will address, including a comprehensive plan for improving neurological care
including acute services and increasing staffing.
352

Questions— 3 May 2011. Written Answers
The action plan includes reference to access to neurological rehabilitation services. My
Department is in the process of finalising a National Policy and Strategy for the delivery of
Neuro-Rehabilitation Services in Ireland 2011-2015.
The Health Service Executive’s National Service Plan for 2011 also includes a commitment
to:
— target people waiting for a neurology out-patient appointment,
— appoint a national clinical lead for neuro-rehabilitation,
— establish an implementation structure and develop an implementation plan for
neuro-rehabilitation.
Care of the Elderly
582. Deputy Tom Fleming asked the Minister for Health and Children if the necessary funding
will be made available to allow Valentia Community Hospital, County Kerry, to serve the
needs of the island and the Iveragh Peninsula in the same way as it has done for the past 140
years. [9273/11]
Minister for Health and Children (Deputy James Reilly): Valentia Community Hospital provides
long-term and respite care to older people. It is run by a voluntary organisation, Valentia
Community Health and Welfare Association Ltd.
In the past, Valentia Community Hospital would have been allocated a lump sum annually
by the HSE. As you are aware, the Nursing Homes Support Scheme, A Fair Deal, was introduced
in October 2009 in order to address the fundamental inequity in the treatment of public
and private long-term nursing home residents and to alleviate the financial hardship being
experienced by long-term residents in private nursing homes.
Prior to the introduction of the Fair Deal scheme, many people in long-term nursing home
care experienced unaffordable care costs over periods of many years. The result was that many
people had to sell or re-mortgage their houses or had to turn to family and friends in order to
find the money to meet their care costs.
A fundamental purpose of the scheme, therefore, was to offer assurance to one of the most
vulnerable groups in society —those in need of long-term nursing home care —that such care
will be affordable and will remain affordable for as long as they need it.
In order to achieve these objectives of equity and affordability, Fair Deal involves a fundamental
change in the way in which long-term nursing home care is funded and, consequently,
the way in which nursing homes and community hospitals are funded.
The new scheme supports the individuals in need of long-term nursing home care, not the
facilities providing the care. This means that money follows the patients, regardless of whether
they choose public, private or voluntary nursing homes. It ensures that these facilities are not
being funded for empty beds.
In order to qualify for the scheme, all private and voluntary nursing homes, including Valentia
Community Hospital, must negotiate and agree a price for the cost of care with the National
Treatment Purchase Fund. This is a necessary feature of the scheme due to the commitment
by the State to meet the full balance of the cost of care over and above a person’s contribution.
As stated above, the Nursing Homes Support Scheme only applies to long-term nursing
home care. Valentia Community Hospital can continue to have separate agreements with the
HSE for the provision of other services, e.g. day care, respite and convalescence. There are
353

[Deputy James Reilly.]
Questions— 3 May 2011. Written Answers
ongoing discussions between the Board of Management of Valentia Community Health and
Welfare Association Ltd. and the HSE with regards to future service provision. I understand
that the Board of Management is currently considering its options and will be supported by
the HSE in its decisions.
Finally, the Government is committed to implementing a comprehensive programme of
health reform. The aim of this reform process is to deliver a single-tier health service that will
deliver equal access to care based on need, not income. The detailed implementation arrangements
will be subject to careful examination and I intend to consult widely throughout this
process. The Government has set clear goals for the health service, namely:
— a universal health care system with access based upon need,
— more care delivered locally through strengthened primary care, and
— greater transparency and incentives regarding performance.
The Nursing Homes Support Scheme will be considered in the context of the overall reforms
currently being contemplated. In the meantime, the scheme will continue to apply to long-term
nursing home care and, consequently, money will follow the patients.
Health Service Staff
583. Deputy Noel Harrington asked the Minister for Health and Children his plans regarding
ongoing training and possible internships for qualified physiotherapists; and if he will make a
statement on the matter. [9274/11]
Minister for Health and Children (Deputy James Reilly): Clinical education is an essential
component of the physiotherapy degree programme. Undergraduate students must complete a
minimum of 1,000 clinical placement hours as part of their undergraduate qualification. The
current minimum standards for practice education require students to complete sufficient hours
of supervised clinical practice to ensure the integration of theory into practice. These placements
are arranged to ensure that all students have adequate exposure to key aspects of practice
in relevant settings in order to equip and enable them to practice safely and in a manner
which will ensure the provision of high-quality interventions.
The Health Service Executive encourages and provides for the continuing professional
development of all relevant health and social care professionals employed in the health service.
I have asked my Department to examine how this gap in training can be addressed so as to
allow the seamless passage of physiotherapists to the community where they are sorely needed.
Services for People with Disabilities
584. Deputy Brian Walsh asked the Minister for Health and Children if he will classify Down
Syndrome as a disability in respect of all children with the condition in order to facilitate access
to early intervention services; and if he will make a statement on the matter. [9275/11]
Minister for Health and Children (Deputy James Reilly): Children with Down’s Syndrome
are generally classified as having an intellectual disability. The majority of children and adults
within the mild level of intellectual disability who have support needs can be effectively supported
within generic or mainstream child and adult health services. Aproportion representing
those with assessed need for specialist services are referred to intellectual disability services.
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Questions— 3 May 2011. Written Answers
Specialist Intellectual disability services are primarily targeted towards people with moderate,
severe and profound levels of intellectual disability. However, some people with mild intellectual
disability have specialist needs that will require specialist service supports. Decisions
regarding the provision of services are not based simply on a person’s level of intellectual
disability; best practice in the HSE is to assess each individual case and make the best decisions
in relation to that case.
Health Service Staff
585. Deputy Michael McCarthy asked the Minister for Health and Children his views regarding
the practice of retired health service officials being re-engaged by the health service to
carry out consultancy work; and if he will make a statement on the matter. [9276/11]
Minister for Health and Children (Deputy James Reilly): It is a specific condition of the 2009
Incentivised Scheme for Early Retirement and 2010 Voluntary Early Retirement and Voluntary
Redundancy schemes that persons who availed of the schemes are not eligible for re-employment
in the public health sector. In the case of the 2010 schemes this restriction was extended
to include the wider public service as well as bodies funded wholly or mainly from public funds.
In the case of the Voluntary Redundancy scheme the re-employment restrictions applies for
seven years, after which the approval of the Minister for Finance is required in any cases where
re-employment is proposed. The restrictions also apply to re-employment on a contract for
service basis in respect of all schemes.
It is sometimes necessary for the HSE to re-engage retired staff on a short-term basis for a
variety of reasons, primarily to ensure the provision of locum cover in front-line services.
Former staff members may also be engaged on time-limited basis to sit on interview boards for
staff appointments. Abatement provisions are applied to any situation where a pensioner is reengaged,
to ensure that the combination of his/her pension and salary does not exceed the
remuneration payable to a serving staff member at the same level. I consider that, other than
in the circumstances I have outlined, the re-engagement of retired management or administrative
staff members on a consultancy basis is not appropriate and should be contemplated only
in the most exceptional circumstances.
Health Services
586. Deputy Jack Wall asked the Minister for Health and Children the position regarding
an application for home care package in respect of a person (details supplied); and if he will
make a statement on the matter. [9281/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply.
Foreign Adoptions
587. Deputy Liam Twomey asked the Minister for Health and Children if she is in discussions
with Russia regarding inter-country adoption; and if he will make a statement on the
matter. [9296/11]
Minister for Health and Children (Deputy James Reilly): The Adoption Act 2010 gives force
of law to the Hague Convention on the Protection of Children and Co-Operation in respect of
Inter-Country Adoption. In accordance with Article 46.1 of the Hague Convention, the Convention
entered into force for Ireland on 1 November 2010.
355

[Deputy James Reilly.]
Questions— 3 May 2011. Written Answers
Under the Adoption Act 2010, inter-country adoptions can be effected with other countries
which have ratified the Hague Convention or with which Ireland has a bilateral agreement.
The purpose of this is to ensure that the highest standards of child protection apply to all
adoptions, as Hague countries have signed up to a set of minimum standards. Russia has not
ratified the Hague Convention and there are no indications that it has plans to do so. In these
circumstances, adoptions from Russia from the 1 November 2010 onwards can only be effected
under a transitional provision that enables prospective adoptive parents to proceed with an
adoption from a non-Hague or non-bilateral country if prior to 1 November they had been
issued with a Declaration of Eligibility and Suitability to adopt. In such cases the Adoption
Authority must be satisfied that the particular adoption meets all the standards of the Hague
Convention.
The Office of the Minister for Children and Youth Affairs has had preliminary exploratory
discussions with its Russian counterparts on some legal issues in relation to a bilateral agreement.
However, the negotiation of a bilateral agreement in primarily the responsibility of the
Adoption Authority, who have indicated that, as the purpose of the Hague Convention is to
promote high standards in inter-country adoption, their first priority is to reach agreements on
arrangements with other Hague countries.
If discussions on a bilateral agreement with Russia commence it is important to understand
that there re a number of key requirements that would have to be satisfied, including that there
should be no fees other than reasonable administrative fees, that care within Russia should
have been sought for a child eligible for adoption and that the birth family must have given
informed consent. If any of these requirements cannot be met, it will not be possible to enter
into a bilateral agreement.
The Office of the Minister for Children and Youth Affairs will continue to support the
Adoption Authority as required in its work of dealing with countries of origin.
Medical Cards
588. Deputy Paul J. Connaughton asked the Minister for Health and Children when a medical
card will issue in respect of a person (details supplied); and if he will make a statement on
the matter. [9304/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
589. Deputy Patrick O’Donovan asked the Minister for Health and Children if a recently
awarded general practitioner visit card can be upgraded to a medical card in respect of a person
(details supplied) in County Limerick. [9325/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
590. Deputy Brendan Ryan asked the Minister for Health and Children if he will review an
application for a medical card in respect of a person (details supplied) in County Dublin with a
view to granting the card immediately; and if he will make a statement on the matter. [9328/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
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Questions— 3 May 2011. Written Answers
Health Services
591. Deputy Andrew Doyle asked the Minister for Health and Children the tender procedure
for the provision of home services for the Health Service Executive; the specific requirements
that must be met by potential bidders; the processes in place for providers to re-apply if unsuccessful
or be placed on a preferred provider list for future work; and if he will make a statement
on the matter. [9330/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply.
592. Deputy Ciarán Lynch asked the Minister for Health and Children if he will consider
including in the long-term illness scheme or the drug refund scheme the cost of a vitamin
treatment required by a person (details supplied) in County Cork; and if he will make a statement
on the matter. [9357/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the HSE for direct reply.
Hospitals Building Programme
593. Deputy Aodhán Ó Ríordáin asked the Minister for Health and Children the status of
the new Central Mental Hospital; and if he will make a statement on the matter. [9369/11]
Minister for Health and Children (Deputy James Reilly): This Government is keen to progress
the development of a new Central Mental Hospital. The HSE is preparing a business case
for the project which will include consideration of the funding and site options to deliver the
new hospital.
Health Services
594. Deputy James Bannon asked the Minister for Health and Children when a person
(details supplied) in County Longford will be called for an operation at the Orthopaedic
Hospital, Tullamore; and if he will make a statement on the matter. [9388/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been to referred to the Health Service Executive for direct reply.
Health Service Staff
595. Deputy James Bannon asked the Minister for Health and Children if he and the Health
Service Executive will make the temporary position of pharmacist at the Midlands Regional
Hospital, Mullingar, County Westmeath, permanent; and if he will make a statement on the
matter. [9389/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been to referred to the Health Service Executive for direct reply.
Domestic Violence
596. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the reason
for the withdrawal of core funding for SAFE Ireland; the reason for the Health Service Executive’s
refusal to move Safe Ireland and its funding to Cosc; and if he will reverse this decision
immediately in view of the serious implications it will have for victims of domestic violence.
[9415/11]
357

Questions— 3 May 2011. Written Answers
601. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if his attention
has been drawn to the fact that the Health Service Executive has made a decision to withdraw
the core funding of SAFE Ireland, with the result that all of its staff are to be made redundant
at the end of May 2011; if his further attention has been drawn to the vital support, co-ordination
and leadership role this national body plays for local front-line services responding to
domestic violence; and the steps he will take to restore this funding directly or arrange for the
release of its funding to COSC. [9455/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
596 and 601 together.
The HSE, as per its statutory responsibility, is the relevant funding body for health services,
and is committed to funding organisations that provide Domestic, Sexual and Gender-based
Violence services. Based on the level of resources available, and taking into account significant
progress in the area of inter-agency coordination and partnership, the HSE is looking at ways
to meet the needs of victims of domestic and sexual abuse as effectively as possible, and to
ensure that value for money and accountability are paramount, and that any duplication is
avoided.
My officials, in conjunction with the HSE, are examining this review process and will revert
back to me with more detailed information in a matter of weeks so that I can satisfy myself as
to the nature of these arrangements. In the meantime, SAFE Ireland’s funding in its current
form is secure until the end of June 2011.
Question No. 597 answered with Question No. 559.
Health Service Investigations
598. Deputy Emmet Stagg asked the Minister for Health and Children the outcome of the
Trust in Care policy independent investigation and the recommendations that have been
made. [9425/11]
Minister for Health and Children (Deputy James Reilly): As this is an investigation commissioned
by the HSE under their Trust in Care policy into an individual case, it has been
referred to the HSE for attention and direct reply to the Deputy.
Question No. 599 answered with Question No. 578.
Medical Cards
600. Deputy Brendan Griffin asked the Minister for Health and Children if a medical card
will be provided in respect of a person (details supplied) in County Kerry; and if he will make
a statement on the matter. [9442/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
Question No. 601 answered with Question No. 596.
Intellectual Disability Guidelines
602. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if standard
guidance for the evaluation, treatment and monitoring of children with 1p36 deletion syndrome
in Ireland like those advocated by the American Academy of Pediatrics exist; and if so if he
358

Questions— 3 May 2011. Written Answers
will give an account of same and if not the steps he will take to arrange for the production of
guidance that could be made available to both health professionals and parents. [9477/11]
Minister for Health and Children (Deputy James Reilly): The information requested by the
Deputy is not readily available in my Department. Therefore I have asked the Health Service
Executive to supply the necessary information to me and I will forward it to the Deputy as
soon as possible.
Hospital Waiting Lists
603. Deputy Billy Timmins asked the Minister for Health and Children the position regarding
an operation in respect of a person (details supplied) in County Wicklow; and if he will make
a statement on the matter. [9482/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been to referred to the Health Service Executive for direct reply.
Sudden Cardiac Death Syndrome
604. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the position
regarding the 75 recommendations of the task force report on sudden cardiac death all of which
were to be implemented by the end of 2010 including those which have been fully implemented
and those which have not; and for those recommendations that have not been fully
implemented and the reason for same. [9488/11]
Minister for Health and Children (Deputy James Reilly): The information requested by the
Deputy is not readily available in my Department. Therefore I have asked the Health Service
Executive to supply the necessary information to me and I will forward it to the Deputy as
soon as possible.
Medical Cards
605. Deputy Brendan Ryan asked the Minister for Health and Children if a medical card
will be approved on appeal in respect of a person (details supplied) in County Dublin; the
reason the card was granted and then withdrawn; and if he can expedite a response. [9490/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
Health Services
606. Deputy David Stanton asked the Minister for Health and Children his plans to open a
specialist dedicated full-time public Alzheimer’s unit in the Cork area; and if he will make a
statement on the matter. [9492/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply.
Medical Cards
607. Deputy John McGuinness asked the Minister for Health and Children the position
regarding an application for a full medical card in respect of a person (details supplied) in
County Kilkenny and when a decision will issue. [9501/11]
359

Questions— 3 May 2011. Written Answers
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
Hospital Waiting Lists
608. Deputy John McGuinness asked the Minister for Health and Children the reasons for
the delay in confirming a date for an operation in respect of a person (details supplied) in
County Kilkenny and if he will arrange an earlier date. [9502/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been referred to the HSE for direct reply.
Health Services
609. Deputy Gerry Adams asked the Minister for Health and Children the number of children
who require occupational therapy, physiotherapy and speech therapy services in County
Louth and East Meath area respectively; and if he will make a statement on the matter.
[9522/11]
610. Deputy Gerry Adams asked the Minister for Health and Children the number of children
who are in receipt of occupational therapy, physiotherapy and speech therapy services
in County Louth and East Meath area respectively; and if he will make a statement on the
matter. [9523/11]
611. Deputy Gerry Adams asked the Minister for Health and Children the total cost of the
provision of occupational therapy, physiotherapy and speech therapy services in County Louth
and East Meath area respectively; and if he will make a statement on the matter. [9524/11]
612. Deputy Gerry Adams asked the Minister for Health and Children the estimated total
cost of appropriate provision of and appropriate level of occupational therapy, physiotherapy
and speech therapy services to all children who need it in County Louth and East Meath area
respectively; and if he will make a statement on the matter. [9525/11]
623. Deputy Gerald Nash asked the Minister for Health and Children his plans regarding
the waiting list of nearly 60 persons for clinical psychologist assessment by the Louth autism
team; and if he will make a statement on the matter. [9572/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
609 to 612, inclusive, and 623 together.
As the Deputies questions relate to service matters I have arranged for the questions to be
referred to the Health Service Executive for direct reply to the Deputies.
Ministerial Engagements
613. Deputy Gerry Adams asked the Minister for Health and Children if he has received a
request for a meeting from Special needs Active Parents in County Louth; and when he will
meet with them. [9526/11]
Minister for Health and Children (Deputy James Reilly): I have not received a request for
a meeting with the group Special Needs Active Parents in County Louth but can confirm that
Minister of State Kathleen Lynch has received a request and that the matter is under consideration.
360

Questions— 3 May 2011. Written Answers
Health Service Staff
614. Deputy Gerry Adams asked the Minister for Health and Children the total number of
occupational therapists, physiotherapists and speech therapists in County Louth and East
Meath area in 2007, 2008, 2009 and 2010 respectively; and if he will make a statement on the
matter. [9528/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been referred to the HSE for attention and direct reply to the Deputy.
Mental Health Services
615. Deputy Eoghan Murphy asked the Minister for Health and Children his views on
whether the level of after-care support for mental health patients is adequate; and the steps he
will take to further the availability of such after-care support for those who need it. [9535/11]
616. Deputy Eoghan Murphy asked the Minister for Health and Children his plans to prioritise
crisis intervention services and mental health reform. [9537/11]
617. Deputy Eoghan Murphy asked the Minister for Health and Children the additional
resources he will devote to emotionally unstable personality disorder. [9538/11]
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
615 to 617, inclusive, together.
The Government is committed to reforming our model of healthcare delivery so that more
and better quality care is delivered in the community. It is my intention that over time access
to modern mental health services in the community will be significantly improved. It is proposed
to ring-fence €35m annually from within the health budget to develop community mental
health teams and services to ensure early access to more appropriate services for both adults
and children.
It is envisaged that the provision of improved community based services will ensure that
people with mental health problems receive the treatment and after-care support needed to
facilitate recovery.
Hospital Services
618. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the level of
funding available for orthopaedic surgeries each year for the past five years. [9550/11]
619. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number
of orthopaedic surgeries undertaken in public hospitals each year for each of the past five
years. [9551/11]
620. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of
orthopaedic surgeries undertaken under the National Treatment Purchase Fund each year for
the past five years. [9552/11]
621. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of
persons currently on waiting lists for orthopaedic surgery. [9553/11]
622. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if he has investigated
or if his attention has been drawn to the fact that private hospitals are predominantly
taking on less complicated orthopaedic surgeries compared with the public hospitals. [9554/11]
361

Questions— 3 May 2011. Written Answers
Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos.
618 to 622, inclusive, together.
The following table sets out the information requested by the Deputy:
Year HSE Orthopaedic Value of HSE Number of NTPF
SurgeriesCarried Out SurgeriesCarried Out Orthopaedic Procedures
2006 37,166 256,148,552 1,601
2007 39,278 290,032,625 2,028
2008 37,859 290,361,713 1,880
2009 37,818 276,932,530 1,677
2010 38,228 281,667,584 1,862
€
The number of surgical procedures is based on cases recorded on HIPE/Casemix as orthopaedic
or paediatric orthopaedic procedures typically carried out in an operating theatre and both inpatient
and day cases are included. Medical cases are specifically excluded. The values are for
cases and day cases only and specifically exclude outpatient, emergency department,
depreciation and capital costs.
As financial returns are not yet completed for 2010, this value has been estimated using the
2010 activity data and the 2009 casemix costs per case.
The table below sets out the number of patients currently for orthopaedic surgery at 31
March 2011:
Orthopaedic Waiting Lists — March 2011
3-6 Months 6-12 Months >12 Months Total Waiting New Hospital
Referrals
Day Case 747 399 85 1,231 1,396
Elective In-patient 1,071 776 166 2,013 1,520
National waiting data is managed by the National Treatment Purchase Fund. Patients are
placed on the national database 3 months after being referred for treatment. Prior to that, they
are classified as new hospital referrals.
In relation to the Deputy’s question regarding private hospitals taking on less complicated
orthopaedic surgeries compared with public hospitals, I have not seen any evidence to support
this. However, if the Deputy has specific evidence in his possession I would welcome the
opportunity to examine it.
I see a role for smaller county hospitals performing more of these procedures where
appropriate.
Question No. 623 answered with Question No. 609.
Programme for Government
624. Deputy John McGuinness asked the Minister for Health and Children the specific proposals
in the Programme for Government for which he is responsible; the target dates which
he has agreed in relation to the delivery of these proposals; and if he will publish an implementation
schedule. [9587/11]
362

Questions— 3 May 2011. Written Answers
Minister for Health and Children (Deputy James Reilly): There are a number of items in
the Programme for Government which I have identified as requiring priority attention. These
are as follows:
• the establishment of a Special Delivery Unit based on the successful Northern Ireland
model to assist in reducing waiting times for admissions from Emergency Departments,
elective admissions and out-patient appointments;
• the publication of a detailed plan to ensure that our hospitals can cope with the
increased demand for Emergency Department services next winter;
• the establishment of a new corporate governance structure for the health services;
• the introduction of a cervical cancer vaccination catch up programme for all girls in
secondary school to begin in September 2011; and
• the initiation of discussions with stakeholders on the Government’s reform programme.
The specific timeframes for action in these areas will be considered and identified
in the coming months.
Health Services
625. Deputy Michael McGrath asked the Minister for Health and Children the position
regarding an outpatient appointment in respect of a person (details supplied) in County
Cork. [9610/11]
Minister for Health and Children (Deputy James Reilly): The management of outpatient
waiting lists is a matter for the HSE and the individual hospitals concerned. I have, therefore,
referred the Deputy’s question to the Executive for direct reply.
Mental Health Services
626. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if the budget
for mental health of €708 million contained in the Health Service Executive’s service plan
for 2011 has been or will be cut; and if so, the amount of same and if he sanctioned the
cut. [9613/11]
Minister for Health and Children (Deputy James Reilly): The Health Service Executive
submitted its National Service Plan for 2011 to the then Minister for Health and Children on
17th December 2010. This plan set out a budget of €708 million for Mental Health Services for
the year, and was approved by the then Minister on 21st December 2010 under Section 31(8)
of the Health Act 2004. Despite significant global budget reductions applied to the HSE in
2011, the reduction of funding for mental health services is limited to 1.8% in the current year.
This amount was determined on the basis of reducing costs while maintaining, in so far as
practicable, the level of services approved in 2010 and will be spent in line with nationally
agreed policy for mental health services.
If the Health Service Executive proposes to amend a Service Plan it must submit its proposed
amendment to me as Minister for my consideration. The HSE has made no proposals to me
along the lines suggested by the Deputy.
Health Promotion
627. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if he is
363

[Deputy Caoimhghín Ó Caoláin.]
Questions— 3 May 2011. Written Answers
satisfied with the way the Health Service Executive’s health promotion officers are working
with regional development officers from the Department of Education and Skills via the social
personal health education programme in the promotion of health education for young children
in schools; and if he will make a statement on the matter. [9614/11]
Minister for Health and Children (Deputy James Reilly): I have asked the Health Service
Executive (HSE) to provide me with a report on the operation at local level of the partnership
with the Department of Education and Skills in delivering the Social Personal and Health
Education programme in schools.
I will respond to the Deputy as soon as I have the necessary information from the HSE.
Home Help Service
628. Deputy Jim Daly asked the Minister for Health and Children if there are any home
help or emotional supports available to a family struggling to cope with newly born triplets;
and if he will make a statement on the matter. [9622/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter the
question has been referred to the HSE for direct reply.
Medical Cards
629. Deputy Martin Ferris asked the Minister for Health and Children when a person (details
supplied) will receive their medical card. [9635/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
630. Deputy James Bannon asked the Minister for Health and Children the reason a medical
card has been withdrawn in respect of a person (details supplied) in County Longford; the
reason this card has not been reissued; and if he will make a statement on the matter. [9669/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter it has
been referred to the Health Service Executive for direct reply to the Deputy.
Question No. 631 answered with Question No. 578.
Magdalene Laundries
632. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the amount
of funding he has paid in each of the past five years to the four religious orders involved in the
Magdalene Laundries (details supplied); the purpose of the funding; and if he will make a
statement on the matter. [9711/11]
Minister for Health and Children (Deputy James Reilly): My Department does not routinely
fund voluntary organisations for services provided. Some of the organisations referred to by
the Deputy are involved in the provision of health services, and are funded directly for such
services by the Health Service Executive. Information in relation to this funding is not readily
available. However I have asked the Health Service Executive to supply this information to
me and I will forward it to the Deputy as soon as possible.
In addition, a discretionary National Lottery fund is administered by my Department and in
2010 the Good Shepherd Services in Cork received €1,500 towards training costs.
364

Questions— 3 May 2011. Written Answers
Health Services
633. Deputy Michael McGrath asked the Minister for Health and Children the position
regarding an outpatient appointment in respect of a person (details supplied) in County
Cork. [9735/11]
Minister for Health and Children (Deputy James Reilly): The management of outpatient
waiting lists is a matter for the HSE and the individual hospitals concerned. I have, therefore,
referred the Deputy’s question to the Executive for direct reply.
634. Deputy Jack Wall asked the Minister for Health and Children when a person (details
supplied) in County Kildare will receive an occupational therapist visit; and if he will make a
statement on the matter. [9763/11]
Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has
been to referred to the Health Service Executive for direct reply.
635. Deputy Michael McGrath asked the Minister for Health and Children when a child
(details supplied) in County Cork will be assessed by a service provider. [9796/11]
Minister for Health and Children (Deputy James Reilly): 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.
636. Deputy Michael McGrath asked the Minister for Health and Children when a child
(details supplied) in County Cork will be assessed by a service provider. [9797/11]
Minister for Health and Children (Deputy James Reilly): 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.
Question No. 637 answered with Question No. 548.
Question No. 638 answered with Question No. 549.
Departmental Appointments
639. Deputy Brendan Griffin asked the Minister for Health and Children the position relating
to interviews that were held by the National Applications Bureau on behalf of the Health
Service Executive recently; the appointments that will be made as a result of these interviews;
the total cost of the interviewing process; and if he will make a statement on the matter.
[9829/11]
Minister for Health and Children (Deputy James Reilly): I assume that the Deputy’s question
is referring to the Public Appointments Service. If the Deputy would like to provide more
information as to which interviews and appointments he is referring to, I will be happy to have
the HSE respond to the query.
Health Services
640. Deputy Joan Collins asked the Minister for Health and Children if he will review the
case of a person (details supplied) in Dublin 12. [9858/11]
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Questions— 3 May 2011. Written Answers
Minister for Health and Children (Deputy James Reilly): 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.
641. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to
Parliamentary Questions Nos. 222 of 29 June 2010 and 151 of 3 November 2010, when a reply
will issue from the Health Service Executive. [9862/11]
Minister for Health and Children (Deputy James Reilly): A report from the HSE on the
matters referred to has been received by my Department in the past week. The report is now
under consideration in my Department.
Water Fluoridation
642. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if his attention
has been drawn to the fact that most European countries have rejected the practice of fluoridation
of water supplies; if his further attention has been drawn to studies linking fluoridation
with various health problems; the steps he will take to end the practice; and if he will make a
statement on the matter. [9890/11]
Minister for Health and Children (Deputy James Reilly): The Forum on Fluoridation, which
was established by the Minister for Health and Children in 2000, 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
advises that the balance of scientific evidence worldwide confirms that water fluoridation, at
the optimal level, does not cause any ill effects and continues to be safe and effective in protecting
the oral health of all age groups. I have no plans to discontinue the policy of fluoridation
of public water supplies, which continues to make an effective contribution to oral health
in Ireland.
Road Network
643. Deputy Simon Harris asked the Minister for Transport, Tourism and Sport the reason
no funding was allocated by his immediate predecessor to former town commission areas under
the footpath restoration programme; and if he will make a statement on the matter. [9548/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The improvement and
maintenance of regional and local roads is a statutory function of each local authority in accordance
with the provisions of section 13 of the Roads Act 1993. Works on such roads are a matter
for the relevant local authority to be funded from its own resources supplemented by State
road grants. The initial selection and prioritisation of works to be funded is also a matter for
the local authority.
A total of €375.176 million has been allocated for the maintenance and improvement of
regional and local roads in 2011. This overall amount is down 9% on the allocations provided
to local authorities in 2010 and as a result my predecessor took the view that it was not possible
to make special block grants for footpath repairs for 2011. Instead, over 85% of the grant
monies available this year is being directed towards repair and maintenance works arising in
particular from the impacts of the severe weather. I intend to review the overall position in
time for the 2012 allocations.
366

Questions— 3 May 2011. Written Answers
Rights of Seafarers
644. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport the steps he
will take to address exploitation of workers in the maritime sector; and if he will make a
statement on the matter. [9026/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The terms and conditions
of employment on board vessels are a matter primarily for the State in which a ship is registered.
A comprehensive body of Irish employment rights legislation governs the conditions of
employment of workers on board vessels under the Irish flag. This would include legislation
dealing with minimum wages.
If a vessel is not registered in Ireland, then the Port State control inspections cover the
International Maritime Organisation’s various Safety and Environment Protection Conventions
as well as the International Labour Organisation Conventions. The inspection of the latter
includes the welfare of the crew (food, accommodation, hours of work etc.) but would exclude
rates of pay. Ireland has consistently supported the International Labour Organisation in its
efforts to promote global labour standards for seafarers.
A new consolidated Maritime Labour Convention (MLC) was adopted in February 2006 at
the 94th International Labour Conference in Geneva, Switzerland. Ireland was represented at
the Conference by a tripartite delegation consisting of Government officials, nominees of
employers (IBEC) and of workers (ICTU). The new Convention sets out clear principles and
rights for seafarers. Before it can come into force, the MLC has to be ratified by at least 30
Member States with a total share in the world gross tonnage of ships of 33%. To date, 12 States
with 48% of the world gross tonnage have ratified the Convention. EU Member States are
committed to ratifying the new Convention and it is expected to come into force internationally
in 2011 or 2012.
International Agreements
645. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport the date on
which Ireland will ratify the ILO Maritime Labour Convention (2006); and if he will make a
statement on the matter. [9027/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The Maritime Labour
Convention 2006 (MLC) was adopted at the 94th International Labour Organisation Convention
on the 23rd February 2006 in Geneva. The Convention seeks to ensure that the employment
and social rights of seafarers on Irish ships are fully implemented. Ireland, along with
other ILO Member States, must bring the Convention into force via national legislation.
This obligation has led to the necessity for an enabling provision to be included in primary
legislation. Section 87 was included in the Merchant Shipping Act 2010 to address the merchant
shipping aspects of the Convention and will enable the Minister for Transport, Tourism and
Sport to make regulations to fulfil the State’s commitments in relation to merchant shipping
aspects of the Convention for Irish ships and seafarers sailing on those ships.
The Convention will come into force twelve months after the date on which there are registered
ratifications by thirty ILO Member States with a total share of at least 33% of world
gross tonnage. The ILO has advised that to date 12 Member States, representing 44% of world
tonnage, have ratified the Convention. The tonnage threshold has now been passed, but a
further 18 ILO Member States are required to ratify the Convention before it can come into
force. The ILO has indicated that it is increasingly likely that the Convention will enter into
force by mid 2012.
367

[Deputy Leo Varadkar.]
Questions— 3 May 2011. Written Answers
My Department is currently progressing the necessary national secondary legislation in consultation
with the Office of the Parliamentary Counsel in order to meet the expected entry into
force date.
Port Inspections
646. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport his plans to
review the operation of the State port inspection regime; the number of inspectors currently
invigilating ships that use Irish waters or ports; the number of inspections which have taken
place during each of the past five years; the number of prosecutions which have been brought
for non-payment of wages and breaches of health and safety conditions during each of the past
five years; and if he will make a statement on the matter. [9028/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Port State Control
inspections onboard foreign flagged ships in Irish ports are carried out under the auspices of
the Paris Memorandum of Understanding (MoU) on port state control and EU Directives.
These inspections are carried out to check for compliance with International Law. A “New
Inspection Regime” (NIR) for port state control commenced on 1 January 2011 and is based
on 100% of ships being inspected in the Paris MoU area over a 3 year period.
The NIR is designed to reward quality shipping with longer periods between inspections,
whilst penalising operators of poor quality ships with more frequent and more in depth inspections
being required on such ships. The number of marine surveyors employed by my Department
and who carry out a range of duties currently stands at 27. The Department’s surveyors
inspect over 400 foreign flagged ships per year and they detain any ship which poses a safety
hazard or which does not comply with the international requirements on living and working
arrangements.
The total number of inspections completed in each of the last five years was 440 in 2006, 410
in 2007, 434 in 2008, 420 in 2009 and 435 in 2010. With regard to prosecutions for non-payment
of wages and breaches of health and safety conditions, the primary responsibility for the compliance
with the law on board ships rests with the flag state in each case.
The payment of wages on foreign flagged ships is a matter for the flag state where the ship
is registered and is a matter for the internal domestic law of that country. However, nonpayment
of wages is not in itself a basis for detention of a vessel by surveyors of my
Department.
Rights of Seafarers
647. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport if he will
ensure that non-payment of wages may be a basis for detention of a vessel by marine surveyors
of his Department regardless of the flag of that vessel; and if he will make a statement on the
matter. [9029/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The terms and conditions
of employment on board vessels are a matter primarily for the State, known as the Flag State,
in which a ship is registered. My Department does not have responsibility for the non-payment
of wages on board foreign flagged ships which is a matter for the Flag State. A comprehensive
body of Irish employment rights legislation governs the conditions of employment of workers
on board vessels under the Irish flag. This would include legislation dealing with minimum
wages.
368

Questions— 3 May 2011. Written Answers
Port State Control inspections onboard foreign flagged ships in Irish ports are carried out
under the auspices of the Paris Memorandum of Understanding (MoU) on Port State Control
and EU Directives. These inspections are carried out to check for compliance with International
Law. Ireland has consistently supported the International Labour Organisation in its
efforts to promote global labour standards for seafarers.
A new consolidated Maritime Labour Convention was adopted in February 2006 at the
94th International Labour Conference in Geneva, Switzerland. Ireland was represented at the
Conference by a tripartite delegation consisting of Government officials along with nominees
from employers (IBEC) and workers (ICTU). The new Convention sets out clear principles
and rights for seafarers. EU member states are committed to ratifying the new Convention and
it is expected to come into force internationally in 2011 or 2012. Ireland will continue to work
within the Paris MoU and with the other EU member states so as to ensure the development
of the necessary port state control procedures that will be required in connection with the entry
into force of the Maritime Labour Convention.ΛΛΛ
Road Network
648. Deputy Joe Costello asked the Minister for Transport, Tourism and Sport the annual
predicted traffic values running through to 2025 from the toll on the Waterford Bypass/Suir
Bridge toll scheme; if the contract between the National Roads Authority and Celtic Roads
Group was a revenue share agreement and the amount of revenue which was returned to the
NRA by CRG last year; the amount of revenue the NRA expected to receive in 2010 should
the predicted levels of traffic be met; the amount CRG received in toll revenues in 2010; the
percentage of the predicted traffic on the bridge that the actual traffic on the bridge would
have to pass for revenue sharing with the NRA to begin; the percentage share of the tolls that
would be shared with the NRA; the NRA’s own forecasts on the amount they are likely to
receive by the end of the contract and the way this compares to the returns they could have
received if traffic had been as initially predicted in the contract; the NRA’s estimate of the
annual excess in revenues received in tolls due to overcharging on the Suir bridge; if a copy of
the contract will be made available; and if he will make a statement on the matter. [9032/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Transport,
Tourism and Sport, I have responsibility for overall policy and funding in relation to
the national roads programme. The construction, improvement and maintenance of individual
national roads are matters for the National Roads Authority (NRA) under the Roads Acts
1993 to 2007 in conjunction with the local authorities concerned. Λ In addition, the statutory
power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements
with private investors in respect of national roads is vested in the NRA under Part V of the
Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act
2007). ΛNoting this I have referred the Deputy’s question to the NRA for direct reply. Will he
please advise my private office if he does not receive a reply within ten working days.
649. Deputy David Stanton asked the Minister for Transport, Tourism and Sport if he has
received a report and final recommendation from Cork County Council for the upgrading of
the R624 road including the replacement of the existing bridge at Belvelly Estuary, Great
Island, Cobh; his views on same and any action he might take as a result; and if he will make
a statement on the matter. [9080/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The maintenance and
improvement of regional and local roads is the statutory responsibility of each local authority,
in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads
369

[Deputy Leo Varadkar.]
Questions— 3 May 2011. Written Answers
are funded from local authorities own resources and are supplemented by State road grants.
The initial selection and prioritisation of projects to be funded is also a matter for the local
authority.
A total of €375,176,000 has been allocated for the maintenance and improvement of regional
and local roads in 2011. This year there is an increased focus on directing funding towards
repair and maintenance works with over 85% of the grant monies available in 2011 to be spent
on such works. In order to increase the monies available for the maintenance and rehabilitation
of road pavements, particularly arising from the severe weather, it has been necessary to reduce
the grant allocations for major new road schemes and for major realignment schemes.
This National Roads Authority received an application from Cork County Council in
September 2010 for 100% funding of the R624 Cobh Road Project at an estimated cost of
€57.5 million under the Strategic Regional and Local Roads Programme. The funding available
for projects under this grant category in 2011 is €20.1 million (down from €87.5 million in
2008). Given the reduction in the available funding and the list of strategic projects competing
forΛfunding (including existing projects with financial commitments) the Department is not, at
this time, in a position to make a funding commitment to this project.
Public Transport
650. Deputy Peter Fitzpatrick asked the Minister for Transport, Tourism and Sport if he will
authorise the provision of a request stop on the Carrickmacross bypass, County Monaghan,
to allow residents of the Carrickmacross area use the Expressway services, No. 32 serving
Dublin/Dublin Airport to Letterkenny and No. 33 serving Dublin/Dublin Airport to Derry;
and if he will make a statement on the matter. [9087/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The issue raised is a
matter for Bus Éireann in conjunction with the relevant Local Authority. I have referred the
Deputy’s question to Bus Éireann for direct reply. Will he please advise my private office if he
does not receive a reply within ten working days.
Ministerial Staff
651. Deputy Brendan Smith asked the Minister for Transport, Tourism and Sport the detail
of all permanent Civil Service or non-established positions which are in place in his Department
in relation to assisting Ministers with constituency work; the monthly salaries for these positions;
and if any further appointments are envisaged. [9145/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The details of the staff
in my own office and those of the two Ministers of State in my Department dealing with
constituency work are set out in Table 1. The appointments are in keeping with the Department
of Finance Guidelines on the staffing of Ministerial Offices. As indicated a number of staff are
availing of worksharing options.
The salaries for the positions concerned are not paid on a monthly basis. Accordingly I have
shown the equivalent annual salary scale for each position in Table 2.
Table 1 — Constituency staff details
Position Minister Minister of State Minister of State
Deputy Leo Deputy Michael Ring Deputy Alan Kelly
Varadkar
Personal Assistant (non established post) 1 1 0.75/0.25
370

Questions— 3 May 2011. Written Answers
Position Minister Minister of State Minister of State
Deputy Leo Deputy Michael Ring Deputy Alan Kelly
Varadkar
Personal Secretary (non established post) 1 1 1
Clerical Officer (permanent civil servant) 2 1 1
Table 2 — Annual Salary scale
Position
Annual salary scale for position
Personal Assistant (non established post) €43,715, €45,485, €47,304, €48,520, €49,790, €51,365,
€52,925, €54,490, €56,060
Personal Secretary (non established post) €23,820, €25,265, €26,980, €29,342, €31,705, €34,195,
€36,650, €38,945, €41,285, €43,510, €45,160, €45,940,
€46,935, €47,755
Clerical Officer (permanent civil servant) €22,015, €23,042, €24,071, €25,100, €26,128, €27,156,
€28,183, €29,193, €30,191, €31,192, €32,187, €33,735,
€34,954, €35,515
Ministerial Appointments
652. Deputy Brendan Smith asked the Minister for Transport, Tourism and Sport if he will
list the details of all State appointments open to direct choice by him on 10 March 2011.
[9159/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The number of appointments
to State Boards open to direct choice by me on the 10th March 2011 was as follows:
State Board
No. of Appointments
CIE 1
Bus Éireann 2
Railway Procurement Agency 2
Railway Safety Advisory Council 1
National Transport Authority 2
Irish Aviation Authority 1
National Sports Campus Authority 8
Road Network
653. Deputy Jim Daly asked the Minister for Transport, Tourism and Sport the position
regarding the construction of an overpass road network from the Bishopstown Roundabout to
the Kinsale Roundabout, County Cork; and if he will make a statement on the matter.
[9198/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Transport,
Tourism and Sport, I have responsibility for overall policy and funding in relation to
the national roads programme element of Transport 21. The construction, improvement and
maintenance of individual national roads, is a matter for the National Roads Authority under
the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.
371

[Deputy Leo Varadkar.]
Questions— 3 May 2011. Written Answers
Noting this I have referred the Deputy’s question to the NRA for direct reply. Will he please
advise my private office if he does not receive a reply within ten working days.
Tourism Promotion
654. Deputy Jim Daly asked the Minister for Transport, Tourism and Sport the funding
available to develop and promote rural walkways throughout the country; and if he will make
a statement on the matter. [9201/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): I wish to advise the
Deputy, that under the National Tourism Development Authority Act 2003, Fáilte Ireland has
the devolved function to encourage, promote and support the development and marketing of
tourist facilities and services within the State. In this context, Fáilte Ireland operates the Tourism
Capital Investment Programme, which provides support for capital investment in tourism
infrastructure, visitor attractions and visitor activities including walking routes for tourists. To
date, walking routes have primarily been developed with the assistance of local authorities.
Organisations interested in developing walking routes for tourists should in the first instance
contact Fáilte Ireland at 01-8847700 or on the web at http://www.failteireland.ie/Business-
Supports/Grants-and-Tax-Incentives/Capital-Grants.
Public Transport
655. Deputy Caoimhghín Ó Caoláin asked the Minister for Transport, Tourism and Sport
his plans to allocate additional licences to Bus Éireann to increase the number of services
dropping off and picking up passengers in Carrickmacross, County Monaghan, on routes terminating
in Dublin, Monaghan, Letterkenny and Derry. [9204/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The licensing of public
bus passenger services is the responsiblityΛof the National Transport Authority (NTA).
I have referred the Deputy’s Question to the NTAΛ for direct reply. Will he please advise
my Office if he does not receive a reply within ten working days.
Tourism Industry
656. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport the number
of persons on waiting lists for skills courses in Fáilte Ireland Cork training centre, Albert Road;
and his plans to accommodate persons in this predicament. [9240/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matters raised are
operational matters for Fáilte Ireland. I have referred the Deputy’s Question to the agency for
direct reply. Will he please advise my private office if he does not receive a reply within ten
working days.
National Car Test
657. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if he will
consider a lower rate of National Car Test charge for owners of vehicles over ten years old in
view of the fact that these vehicles must be tested every year; and if he will make a statement
on the matter. [9245/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As and from 1st June
2011, all vehicles of ten years of age or over will be required to undergoΛan annual national
372

Questions— 3 May 2011. Written Answers
car test. This measure was introduced on road safety concerns, on foot of proposals submitted
by the Road Safety Authority (RSA) to my predecessor. The test fee is set in accordance with
a contractual agreement between the RSA and the private company that carries out the testing
service, Applus. A lower test fee would result in the State having to pay a subsidy to Applus
and, in the present economic climate, I have no plans to introduce a measureΛthat would
haveΛsuch a consequence.
Sports Funding
658. Deputy Dan Neville asked the Minister for Transport, Tourism and Sport the position
regarding funding in respect of a club (details supplied) in County Limerick; and if he will
make a statement on the matter. [9293/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Dormant Accounts funding
is the responsiblity of my colleague the Minister for Environment, Community and Local
Government.
Road Network
659. Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport if he
intends to introduce new road tolls in line with the recommendations of the recent study by
the National Roads Authority. [9430/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Transport,
Tourism and Sport, I have responsibility for overall policy and funding in relation to
the national roads programme. The construction, improvement and maintenance of individual
national roads are matters for the National Roads Authority (NRA) under the Roads Acts
1993 to 2007 in conjunction with the local authorities concerned. In addition, the statutory
power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements
with private investors in respect of national roads is vested in the NRA under Part V of the
Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads
Act 2007).
The “National Roads Traffic Management Study” published recently together with other
work being undertaken by the NRA will help inform consideration of future traffic management
measures, including tolling. The issues involved will need to be considered carefully
before decisions are made on future tolling strategy. More generally, the Deputy will note
that the Estimates for my Department under the outgoing government’s 4-year plan are not
sufficentΛto maintain the existing investment in national and regional roads. It is within this
context, and the broader fiscal challenges this State faces as the result of the previous government’s
mismanagement of this country’s finances, that decisions on future tolling strategy must
be made.
I would welcome any views that the Deputy may wish to offer with regard to the future
funding of the national and regional road networks.
660. Deputy Joe Carey asked the Minister for Transport, Tourism and Sport in view of the
damage caused to regional, secondary and local roads in County Clare as a result of two very
harsh winters, his plans to make an exceptional funding allocation to enable Clare County
Council to carry-out urgently required repairs, re-making and resurfacing of those roads; and
if he will make a statement on the matter. [9437/11]
373

Questions— 3 May 2011. Written Answers
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The improvement and
maintenance of regional and local roads is the statutory responsibility of each local authority,
in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads
are funded from local authorities own resources and are supplemented by State road grants.
However, the initial selection and prioritisation of projects to be funded is also a matter for
the local authority. A total of €375,176,000 has been allocated in 2011 for the maintenance and
improvement of regional and local roads. As regards the availability of additional funding, I
have directed that the overall transport budget is assessed to determine what scope exists for
allocating additional funds for the repair and maintenance of regional and local roads. Any
additional funding made available to local authorities as a result of this process will be subject
to the normal assessment criteria relating to State grants.
Cricket World Cup
661. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport noting
Ireland’s recent success in the cricket world cup, the efforts he will make to support Cricket
Ireland in its attempts to force a change in the International Cricket Council’s decision to
reduce the number of teams in the 2015 cricket world cup from 15 to ten, thus denying Ireland
a chance to qualify for the event. [9456/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The Deputy may be
aware that I recently enjoyed the privilege of hosting a reception to honour the Irish Cricket
team following their recent success. On that occasion I assured Cricket Ireland that I fully
support their efforts and those of the other non-Test countries to persuade the ICC Board to
reverse their decision and that my offices are available to assist the associate nations in their
campaign to have this decision reversed.
Programme for Government
662. Deputy John McGuinness asked the Minister for Transport, Tourism and Sport the
specific proposals in the Programme for Government for which he is responsible; the target
dates which he has agreed in relation to the delivery of these proposals; and if he will publish
an implementation schedule. [9592/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): I am responsible for the
Transport, Tourism and Sport element of the Programme for Government. I am currently
considering how best these aims can be achieved in the current difficult economic climate.
In relation to investment, there will be a comprehensive review of spending with a view to
developing a new National Development Plan for 2012-2017. This review, which will take place
against a background of the new funding realities, will examine the costs and benefits of all
projects against a range of economic, social and environmental criteria. Key considerations for
transport, tourism and sport will include the need to prioritise funding to protectΛinvestment
made to date and to maintain high safety standards
Question No. 663 withdrawn.
Departmental Programmes
664. Deputy Seán Kyne asked the Minister for Transport, Tourism and Sport when a decision
will be made on the smarter travel competition to which Galway County and City Councils
have made a joint submission. [9629/11]
374

Questions— 3 May 2011. Written Answers
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): A decision has yet to be
announced regarding the outcome of the Smarter Travel Areas Competition. The future of this
Programme is being considered in the context of the available budget for 2011 and the National
Recovery Plan. Galway County and City Councils, as well as the local Oireachtas representatives,
will be notified of the outcome of the authorities’ joint bid in due course.
This programme is one I believe has considerable merit. While the scope and scale originally
envisaged for the scheme is no longer possible given the current fiscal situation, there may be
some scope to proceed with a scheme scaled back in size. I believe that Smarter Travel Areas
have the potential to provide a basis for future evidence based investment in the range of
sustainable travel measures. I intend to formally delegate the Smarter Travel Areas under the
Department of Transport, Tourism and Sport to the Minister of State with responsibility for
Public and Commuter Transport, Deputy Alan Kelly, in the coming days.
Tourism Industry
665. Deputy Paschal Donohoe asked the Minister for Transport, Tourism and Sport if he
will provide an update on the status of Fáilte Ireland’s training centres; and if he will make a
statement on the matter. [9725/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matters raised are
operational matters for Fáilte Ireland. I have referred the Deputy’s Question to the agency for
direct reply. Will he please advise my private office if he does not receive a reply within ten
working days.
Taxi Regulations
666. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if taxi enforcement
officers have powers to enter private property in carrying out compliance checks; and if
so under which legislation; if they need a Garda present, and the powers a Garda has in this
situation. [9767/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Authorised persons may
be appointed under Section 49 of the Taxi Regulation Act 2003 to perform the enforcement
functions necessary to support the regulation of the taxi sector. This includes the powers of
enforcement officers, in the fulfilment of their functions under the 2003 Act, at any reasonable
time to enter the premises or place where any activity connected with the provision of small
public service vehicles takes place. Members of the Garda are deemed to beΛauthorised persons
under the 2003 Act.
The regulation of the taxi industry, including all matters relating to the implementation and
enforcement of the provisions of the Taxi Regulation Act 2003, is the overall responsibility of
the NTA, assisted by the Garda Síochána.
Industrial Relations
667. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport the steps he
will take to reinstate a Dublin Bus worker (details supplied) pending the initiation of a properly
convened investigation overseen by an outside agency. [9793/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The issue raised is a
matter for Dublin Bus and not one in which I have any role. There are established Industrial
Relations procedures in place for dealing with grievances and disciplinary matters and these
procedures should be adhered to in all such cases.
375

Questions— 3 May 2011. Written Answers
Road Network
668. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the
expected future timeframe for the construction of the new N22 Ballyvourney to Ballincollig
Road in County Cork; and if he will make a statement on the matter. [9795/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Transport,
Tourism and Sport, I have responsibility for overall policy and funding in relation to
the national roads programme. The construction, improvement and maintenance of individual
national roads is a matter for the National Roads Authority under the Roads Acts 1993 to
2007 in conjunction with the local authorities concerned.
Noting this, I have referred the Deputy’s question to the NRA for direct reply. Will he please
advise my private office if he does not receive a reply within ten working days.
Parking Regulations
669. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if disabled
driver qualification criteria will be widened to include passengers with Down Syndrome; and
if he will make a statement on the matter. [9828/11]
Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): New regulations for
eligibility for the Disabled Parking Scheme will come into force on 1 June. The changes to the
Scheme arise from a review of the Scheme published by my Department last year. This review
was conducted by my Department in consultation with the two organisations which operate
the Scheme, the Disabled Drivers Association of Ireland and the Irish Wheelchair Association.
The review found that the numbers of parking permits issued and applications being received
by the issuing authorities have increased substantially in recent years. With over 80,000 parking
permits issued, the imbalance between numbers of permit holders and available parking bays
has steadily deteriorated, with severe consequences for seriously mobility impaired permit holders
who regularly cannot access appropriate parking bays and are, accordingly, prevented from
accessing services. In consequence, the review recommended a change to the criteria for eligibility
for the Scheme to shift the focus from eligibility based on a given medical condition to
eligibility based on degree of mobility impairment. Permits will in future be available only to
people whose condition severely restricts their mobility. This means that in future the Scheme
will benefit more those for whom it was originally designed. In cases where passengers with
Down Syndrome have severe mobility impairments they will of course be eligible for a permit
under the revised rules.
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