Written Answers. - Parliamentary Debates - Houses of the Oireachtas

Questions— 6 February 2008. 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 10, inclusive, answered orally. 

Questions Nos. 11 to 93, inclusive, resubmitted. 

Questions Nos. 94 to 102, inclusive, answered orally. 

Human Rights Issues. 

103. Deputy Joe Costello asked the Minister for Foreign Affairs if he will make a statement 

on the present position in Afghanistan, including the position of those detained in Bagram, in 

view of the international concerns which have been expressed in this regard. [3687/08] 

114. Deputy Eamon Gilmore asked the Minister for Foreign Affairs his views on the 

Amnesty International Report on the risks faced by prisoners in Afghanistan handed over by 

the International Security Assistance Force to the National Directorate of Security in terms 

of human rights and guarantees of protection from cruel and inhuman treatment including 

torture. [3681/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): I propose to take Questions Nos. 103 

and 114 together. 

In December 2007, the General Affairs and External Relations Council adopted Conclusions 

reaffirming the EU’s commitment to long-term support for Afghanistan. The goal, in cooperation 

with the Afghan government, remains to extend stable and legitimate government and 

the rule of law to all parts of Afghanistan. It is of course also extremely important that the 

Afghan government make further meaningful efforts to address issues of concern such as drug 

production, tackling corruption, institutional reforms and the weakness of the rule of law. 

As regards the question of detainees, the Amnesty International report published in 

November 2007 considered the issue of the possible complicity of the International Security 

Assistance Force (ISAF) in their torture or ill-treatment through transferring them from ISAF 

to Afghan authorities. Amnesty International concluded that ISAF states may be complicit in 

this treatment and that if they are to comply with their international legal obligations, they 

must temporarily suspend all transfer of detainees to the Afghan authorities. 

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[Deputy Dermot Ahern.] 


The report goes on to make the point that ‘ISAF, the Afghan government and relevant 

partners must urgently address the human rights concerns relating to the treatment of 

detainees. They should’, it continues, ‘develop a comprehensive approach to reform the Afghan 

detention system in general and the National Directorate of Security (NDS) in particular’. At 

the same time, the report does not recommend that ISAF participants reduce their engagement 

in Afghanistan or that ISAF should take over the judicial functions of the Afghan state. ISAF’s 

response to the report was that it has no evidence of mistreatment or torture of detainees who 

have been transferred by it to Afghan custody. 

Ireland’s strong view is that all countries who have contributed forces to the international 

effort in Afghanistan, be they part of ISAF or other military operations — including US forces 

who operate the Bagram base — would adhere to international human rights law and international 

humanitarian law. 

There are seven members of the Permanent Defence Forces currently serving in staff 

appointments at ISAF HQ in Kabul. Irish personnel have never been involved in any way in 

the transfer of detainees to the Afghan authorities. 

Foreign Conflicts. 

104. Deputy Michael D’Arcy asked the Minister for Foreign Affairs the recent measures the 

European Union has taken against the Sudanese Government; and if he will make a statement 

on the matter. [3800/08] 

110. Deputy Ruairí Quinn asked the Minister for Foreign Affairs if he will make a statement 

on the present position in relation to Darfur and the welfare of those forced into refugee 

camps and those displaced; and the Government’s views on present prospects for political 

progress. [3685/08] 



The situation in Darfur remains dire, and the suffering of its people continues unabated, and 

the fracturing of the main rebel groups over the past year makes the pursuit of peace even 

more difficult. The peace talks on Darfur which the UN and African Union are mediating 

represent a vital window of opportunity to bring about a lasting peace, and all of the parties 

bear a responsibility to use this opportunity to seek to resolve their grievances peacefully. So 

far, the process has been disappointingly slow. The UN and AU have sent emissaries to find 

and speak with the rebels who have been boycotting the talks, and it is hoped that formal talks 

will restart soon. The international community is supporting AU and UN efforts, and bilaterally 

Ireland has contributed \500,000 to the UN Trust Fund in support of the peace talks. 

Although peace will not come to Darfur until a political accommodation has been reached, 

UNAMID, the AU/UN hybrid force, has a role to play in re-establishing a secure environment 

and creating a breathing-space for the people of Darfur while negotiations continue. However, 

UNAMID, which took over from the African Union Mission in Sudan on 1 January 2008, is 

being hampered by the obstructive attitude of the Sudanese authorities to non-African participation. 

The General Affairs and External Relations Council of 28 January was briefed by UN Special 

Envoy Jan Eliasson on progress. We expressed our support for the pursuit and implementation 

of political solutions in Darfur and between north and south Sudan; condemned obstruction 

of, and a recent attack on, UNAMID; stressed the importance of unfettered humanitarian 

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access; and called for full co-operation with the International Criminal Court. We also urged 

Sudan and Chad to refrain from incursions into each other’s territory and support for rebel 

groups. In this regard, reports that Sudan is actively supporting the current insurgency in Chad 

are very disturbing 

I welcome the fact that the GAERC has decided to keep the option of further sanctions on 

the table until we are sure that the Sudanese Government, as well as other parties, are cooperating 

fully with the peace process, with UNAMID, and with humanitarian actors. 

The humanitarian situation in Darfur remains very difficult, with the ongoing conflict continuing 

to limit humanitarian access to parts of North and West Darfur. The World Food 

Programme aims to provide food assistance to 5.6 million people in Sudan in 2008, including 

3.7 million in Darfur. Since the start of 2006, Irish Government assistance to the people of 

Sudan, including Darfur, has amounted to almost \39 million. This includes funding of over \6 

million since the start of 2008. 


105. Deputy Emmet Stagg asked the Minister for Foreign Affairs if he will make a statement 

on the progress that has been made in relation to reforms affecting minority and human rights 

as part of the EU negotiating framework with Turkey. [3700/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): Accession negotiations opened with 

Turkey in October 2005. Under the terms of the agreed negotiating framework, these negotiations 

are an open-ended process, the outcome of which cannot be guaranteed beforehand. 

The negotiating framework addresses the European Union’s expectations of Turkey with 

regard to advancing reforms in human rights and the protection of minorities. Turkey’s progress 

in this regard is monitored closely by the European Commission, and is the subject of detailed 

reports to Council. 

In November 2007, the Commission published its annual Communication to the Council and 

European Parliament entitled “Enlargement Strategy and Main Challenges 2007 — 2008.” In 

relation to political reform in Turkey, the Commission reported limited progress during 2007. 

Areas where advances were noted included the ratification of international human rights instruments 

and implementation of European Court of Human Rights judgements. Further action 

taken to improve women’s rights was also noted, as was a decrease in the reported number of 

cases of torture and ill-treatment. However, the Commission highlighted areas where further 

progress is required and emphasised, in particular, the need for significant reforms in relation 

to freedom of expression and the rights of non-Muslim religious communities. 

In December 2007, the General Affairs and External Relations Council welcomed the Commission 

Communication and took note of its analysis and recommendations. The Council welcomed 

the resolution of the political and constitutional crisis in Turkey last year. The Council 

regretted that limited progress was achieved in political reform during 2007 but welcomed the 

Turkish Government’s declared intention and renewed commitment to continue the reform 

process and address existing shortcomings. 

The Council noted the process underway to revise the Turkish Constitution. This presents a 

key opportunity to fully enshrine European standards in Turkish constitutional law. Nevertheless, 

the Council stressed that this process should not delay long-awaited reforms. Particular 

attention was drawn to the need for Turkey to proceed without delay in the implementation 

of reforms in the key areas of freedom of expression and freedom of religion. 

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In addition, the Council stated that significant further efforts are also needed in other areas 

examined in the Commission Communication such as minority rights, judicial reform, the fight 

against corruption, and the strengthening of cultural rights, women’s rights, children’s rights, 

trade union rights and the civilian control of the military. As regards the East and Southeast 

of Turkey, areas that are home to a predominantly Kurdish population, the Council recalled 

the need to promptly develop and implement a comprehensive strategy that will guarantee the 

economic, social and cultural development of this area. 

Arms Trade. 

106. Deputy Olwyn Enright asked the Minister for Foreign Affairs if an international conference 

on proposals to abolish the use of cluster munitions will take place here in 2008; and 

if he will make a statement on the matter. [3804/08] 

122. Deputy Róisín Shortall asked the Minister for Foreign Affairs the action he will take to 

advance the most recent motion agreed unanimously by the Joint Committee on Foreign 

Affairs on cluster munitions. [3703/08] 



In line with the commitment in the Programme for Government to campaign for a complete 

ban on the use of cluster munitions, Ireland has taken a lead role in international efforts and 

has been working intensively with a number of like-minded countries to this end. The Government 

will host a major Diplomatic Conference in Croke Park in May to negotiate a new 

instrument of international humanitarian law banning cluster munitions that cause 

unacceptable harm to civilians. It is intended that this will also provide for cooperation and 

assistance for survivors and affected communities, clearance of affected areas and destruction 

of stockpiles. The Dublin Diplomatic Conference will be a key step in the process, as it will 

see formal negotiation on the text of a Convention and I am hopeful of a substantial outcome. 

There is strong political momentum, with over 130 countries in attendance at the most recent 

meeting in Vienna last December and substantial representation envisaged at a further meeting 

in New Zealand later this month, the last discussion before the Dublin Conference. Good work 

is taking place to raise awareness of the issue at national and international level. 

In further implementation of the commitment in the Programme for Government, the 

Government has endorsed my plans to bring forward proposals for the establishment of a 

national committee on international humanitarian law which will, as its first task, begin work 

on preparation of the legislation necessary to give effect in domestic law to a new Convention 

and to enact a domestic ban on the use of cluster munitions. I believe, as does the Cluster 

Munition Coalition, a network of around 200 civil society organisations and the key civil society 

partner in the process preparing the Dublin Diplomatic Conference, that it makes sense to 

await the detail of the Convention before finalising legislation, as this will probably have to 

cover a range of issues not limited to a domestic ban which should not be prejudged at this 

stage. 

Since 2005, Ireland has provided support of over \6.4 million for mine clearance, risk-education 

and rehabilitation of survivors and I remain open to increased levels of funding for such 

activities and in implementation of the new Convention. With regard to the question of the 

investment of public funds, this would primarily be a matter for my colleague, the Tánaiste and 

Minister for Finance, and I have drawn his attention to the issue. 

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I welcome the attention given by the Joint Committee on Foreign Affairs to the issue of 

prohibiting cluster munitions nationally and internationally and supporting clearance, risk-education 

and rehabilitation of victims of explosive remnants of war, including mines and cluster 

munitions, and I look forward to working with the Committee to advance this important 

objective. 

Rapid Response Corps. 

107. Deputy Damien English asked the Minister for Foreign Affairs the strength of the Rapid 

Response Corps; and his plans to increase the numbers involved. [3798/08] 

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): Sixty four 

volunteers were invited to become members of the Rapid Response Corps in 2007 following a 

rigorous selection and interview process. Fifty two of this group completed their pre-departure 

training and checks in the past year, and seven of those have already been deployed to various 

humanitarian crises worldwide. A further member will be deployed shortly. To date, Corps 

members have been deployed in Sri Lanka, Kenya, Somalia, Nepal, Mozambique, Tanzania 

and Sudan. They are making a valuable contribution to saving lives and rebuilding livelihoods. 

A new campaign to recruit further members will be launched in February. The campaign 

will seek to recruit volunteers with the logistics, engineering and humanitarian skills most 

requested, together with new skills profiles identified to us, by our partner agencies. The next 

pre-deployment training course is scheduled for May. 


108. Deputy Brian O’Shea asked the Minister for Foreign Affairs his views on continued 

reported human rights abuses perpetrated in Zimbabwe, as documented by Amnesty International, 

as well as the renewed detention of a political opponent of the country’s President 

ahead of a recent planned rally focussing on the need for political reform in the country; if the 

EU has had input into, or information from, South African led talks aimed at changing 

Zimbabwe’s media security and electoral laws; if so what these consisted of; and if he will make 

a statement on the matter. [3683/08] 

222. Deputy Barry Andrews asked the Minister for Foreign Affairs if he will summarise what 

was discussed at the Lisbon Summit in December 2007 on the subject of Zimbabwe. [3982/08] 

228. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which 

at EU or UN level attention is drawn to the ongoing situation in Zimbabwe; the plans, proposals 

or suggestions arising therefrom; and if he will make a statement on the matter. 

[4180/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): I propose to take Questions Nos. 108, 

222 and 228 together. 

The situation in Zimbabwe remains grave. In addition to pervasive and very serious economic 

hardships, it is reported that political opponents of the Government and civil society activists 

continue to be beaten and tortured by police. The leader of the opposition Movement for 

Democratic Change (MDC), Morgan Tsvangirai, was one of several opposition activists 

arrested on 23 January 2008 in Harare following government attempts to ban an opposition 

march, though Mr. Tsvangirai was later released without charge. Such actions underline the 

pervasive atmosphere of intimidation and violence which exists towards those who seek change 

in the country. 

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Ireland and the EU believe that African leadership is the key to encouraging progress 

towards economic and political stability. We support the talks between the government and 

opposition in Zimbabwe which are being mediated by President Mbeki under a Southern 

African Development Community (SADC) mandate. I understand that media and security 

laws, as well as preparations for the March elections, are among the issues being discussed. 

The EU has no direct involvement in these talks though a representative of High Representative 

Solana did discuss their progress with AU, SADC and South African representatives in 

early December. 

The Taoiseach discussed the progress of the SADC initiative with President Mbeki when 

they met in Pretoria on 15 January. The Taoiseach and Minister of State Kitt also attended the 

EU-Africa Summit in Lisbon in December at which the EU’s concerns regarding the current 

situation in Zimbabwe were clearly articulated by Chancellor Merkel and High Representative 

Solana on behalf of the Union. 

Implementation of any agreement reached will of course be crucial, and must bring about 

real policy change. The Zimbabwean people must have a chance to express their will without 

fear in the elections which have been announced for 29 March. Unfortunately, in the current 

environment we can have no confidence that Zimbabweans will have this chance. The appointment 

of an independent electoral commission, reform of the voter registration lists, the halting 

of political oppression and violence, free media access and the deployment of impartial election 

observers would be important steps towards ensuring that these elections are free and fair. 

There appears to be little prospect that such steps will be possible in the time available. 

Ireland will continue to be active in relation to Zimbabwe, including condemning human 

rights abuses and urging political and economic reform. Our Embassy in Pretoria monitors 

allegations of human rights abuses in Zimbabwe, and raises issues of concern with the 

Zimbabwean government at every available opportunity. Ireland has also supported raising the 

situation in Zimbabwe at the UN Human Rights Council. It is important to maintain pressure 

on the Zimbabwean Government to address the gravely irresponsible economic policies and 

appalling human rights situation in that country and, in that regard, last month Ireland fully 

supported the renewal for a further year of the EU Common Position on Zimbabwe, which 

provides for restrictive measures against the régime. 

Irish Aid continues to provide support to alleviate the sufferings of the Zimbabwean people, 

amounting to over \17 million in 2006 and 2007, and already in 2008 a further \1.1 million has 

been disbursed. Our contribution is channelled through UN agencies which are active in 

Zimbabwe such as the World Food Programme and UNICEF, as well as local and international 

NGOs, and Irish missionaries. Ireland stands ready to respond appropriately to any positive 

change in Zimbabwe. 

Questions Nos. 109 and 111 answered with Question No. 101. 

Question No. 110 answered with Question No. 104. 

Emigrant Support Services. 

112. Deputy Charlie O’Connor asked the Minister for Foreign Affairs his views on whether 

potential exists, during this US presidential year, to make progress in respect of the undocumented 

Irish issue; the contacts he has had recently in the matter; and if he will make a 

statement on the matter. [3945/08] 

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221. Deputy Dinny McGinley asked the Minister for Foreign Affairs the position regarding 

the undocumented Irish in the United States; and if he will make a statement on the 

matter. [3972/08] 



The Government attributes the highest importance to resolving the plight of our undocumented 

citizens in the United States. I have also made it a personal priority as Minister, and 

will continue to do so. The passage of the agreed Motion by the Dáil on 7 November sent an 

important and timely message of solidarity from all parties of the House to our undocumented 

community. 

Following the failure of the US Congress to pass comprehensive immigration reform legislation 

last June, despite the strong endorsement and encouragement of President Bush, the 

Government immediately set about exploring with key US Administration and Congressional 

contacts possible alternative bilateral options. 

I emphasised our interest in and support for a bilateral solution for our undocumented 

citizens in a series of meetings with key US Administration and Congressional figures during 

a visit to Washington last October. Since the all-party Motion was passed, the Taoiseach had 

a detailed telephone call with Senator Edward Kennedy on 7 December, in which he again 

reiterated the Government’s strong support for a bilateral solution. At a meeting with the US 

Ambassador later the same month, I forcefully made the same point. Likewise, our Ambassador 

and his Embassy colleagues in Washington are in ongoing discussions with Congressional, 

Administration and Irish community figures, including Senators Kennedy and Schumer, on 

possible ways forward. 

Achieving progress on immigration at this time, in the middle of a Presidential campaign, is 

exceptionally difficult. Our many friends in Congress have emphasised this, including the difficulty 

of passing legislation specifically for our citizens separate from the other 11 million 

undocumented. 

Despite these considerable political difficulties, the Government is determined to make every 

effort to succeed. The Taoiseach will again be pursuing our case very actively at the highest 

level on his visit to the U.S. over the St. Patrick’s Day period, as will the Ambassador and his 

colleagues on an ongoing basis on the ground in Washington. 

Overseas Missions. 

113. Deputy Leo Varadkar asked the Minister for Foreign Affairs if he will send diplomatic 

delegations to Libya, Sudan, La RCA, Nigeria and Cameroon in view of Ireland’s decision to 

send troops to Chad; and if he will make a statement on the matter. [33128/07] 

146. Deputy Pat Rabbitte asked the Minister for Foreign Affairs the Irish participation in a 

United Nations mandated EU force being deployed to Chad. [3689/08] 

223. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the situation in Chad 

with particular reference to deployment of peacekeeping forces there; and if he will make a 




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The European Union military mission to Chad and the Central African Republic, EUFOR 

Tchad/RCA, as authorised by United Nations Security Council Resolution 1778 (2007), was 

formally launched by the General Affairs and External Relations Council on 28 January. 

Ireland is expected to be the second largest contributor of troops to the mission, which aims 

to protect civilians in danger, particularly refugees and internally displaced persons (IDPs), 

facilitate the delivery of humanitarian aid, and protect UN personnel. 

The nomination of Lieutenant General Pat Nash for the position of Operation Commander 

of EUFOR was approved by Dáil Éireann on 9 October. The Dáil gave its approval for Irish 

participation in the mission on 28 November. 

As part of the advance Command Group of the Force Headquarters, a total of eight Irish 

soldiers deployed last month to N’Djamena and Abéché in Chad, as part of a reconnaissance 

party in advance of the main body of the EU’s Initial Entry Force. 

A further contingent of 54 members of the Defence Forces was due to travel last week. This 

deployment was postponed by the Operation Commander due to a sudden escalation in fighting 

between rebels and Government forces in Chad, including in the capital N’Djamena, and the 

consequent unavailability of the airport. The Defence Forces are maintaining regular contact 

with the eight Irish soldiers currently in Chad. AA further contingent of 54 members of the 

Defence Forces was due to travel last week. This deployment was postponed by the Operation 

Commander due to a sudden escalation in fighting between rebels and Government forces in 

Chad, including in the capital N’Djamena, and the consequent unavailability of the airport. 

The Defence Forces are maintaining regular contact with the eight Irish soldiers currently in 

Chad. All are safe and well. 

The European Union has called for an immediate cessation of hostilities and a political 

settlement of the conflict. The Union also emphasised its commitment to the achievement of 

the objectives of EUFOR and to the continuation of the deployment when circumstances permit. 

The United Nations Security Council similarly demanded an end to the violence and 

recalled its commitment to the sovereignty and political independence of Chad. It also reaffirmed 

its full support for EUFOR. 

Latest reports indicate that the situation in Chad has stabilised. As my colleague the Minister 

for Defence has indicated, the next deployment of Irish troops is therefore expected to take 

place within 8 -10 days, contingent upon the prevailing operational circumstances and the availability 

of the airport in N’Djamena. The Defence Forces Headquarters in Dublin, the Operational 

HQ in Paris and the Force HQ in Abéché are continuing to monitor the situation on 

the ground. 

The mission is planned to reach full operational capability by mid-May, by which stage the 

Irish contribution will be in the region of 400 personnel, primarily drawn from the Western 

Brigade. 

While mindful of the need to minimise risk, the Government remains strongly committed to 

the humanitarian objectives of EUFOR. The current incursion by rebel forces is a matter for 

the Chadian authorities and does not fall within the remit of the EU mission, which, as stated 

above, is focused on the protection of refugees and internal displaced persons. 

The Government does not at present have plans for any diplomatic delegations to countries 

in the region. I would however recall my visit to Sudan and Chad last November, when I had 

the opportunity to visit the refugee camps in Eastern Chad where EUFOR will facilitate the 

provision of humanitarian relief. The Government also decided in December to request the 

Government of Chad to accept the accreditation of a non-resident Ambassador, based in 

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Abuja, to facilitate communications and foster relations between Ireland and Chad. Diplomatic 

contacts with other countries in the region are maintained through regular diplomatic channels. 


Overseas Development Aid. 

115. Deputy Olwyn Enright asked the Minister for Foreign Affairs the number of audits 

carried out on Overseas Development Aid in 2006 and 2007; the number of these that were 

required to address issues that were of concern and what they were; and if he will make a 


Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): Audits of 

Ireland’s overseas development aid are undertaken on the basis of a three-year rolling audit 

work plan which is overseen by the Department’s Evaluation and Audit Unit. At the start of 

each year an annual operational plan is agreed which comprises a range of audit activities 

including: 

• Work carried out directly by Irish Aid’s Evaluation and Audit Unit and by Internal 

Auditors based at Missions in Programme Countries; 

• Work carried out by internationally recognised audit firms that is commissioned by 

Irish Aid; 

• Joint donor funded audits of specific programmes; 

• Audit reports obtained from other partner organisations such as those carried out by UN 

funds and programmes and non-governmental organisations. 

The main objective of Irish Aid’s audit programme is to gain assurance that funds granted are 

used for the purposes intended. As systems of control in developing countries are often weak, 

Irish Aid works closely with partner governments and other organisations to improve their 

financial and accounting systems. This work includes strengthening audit institutions and standards 

in line with international best practice, with capacity building where appropriate. 

The Evaluation and Audit Unit conducts a series of audit visits annually to Irish Aid’s Programme 

Countries. During 2006 and 2007, the Unit carried out eight such visits. 

The Missions in Irish Aid’s Programme Countries are themselves audited annually by internationally 

recognised audit firms. Further audit assurance is provided by Mission-based Internal 

Auditors who carry out audits of partner organisations that are in receipt of Irish Aid funding 

and review Missions’ internal controls. 

Where issues of concern arise they are reported to Senior Management. Management 

responses are provided in reply to each audit, and a process has been established for follow up 

on the implementation of audit recommendations. 

In addition to these robust internal systems the Department has an independent Audit Committee 

which reports to the Secretary General. It provides an independent appraisal of the 

Department’s audit and evaluation arrangements through regular interaction with the Evaluation 

and Audit Unit and Senior Management. The Committee meets regularly with the 

Secretary General and annually with the Comptroller and Auditor General. It also publishes 

an annual report on its work; the 2006 version is available on the Department’s website at 

http://www.dfa.ie. 

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EU Treaty. 

116. Deputy Joan Burton asked the Minister for Foreign Affairs the plans he has with regard 

to the need to publicise the forthcoming Lisbon Reform Treaty; the Government’s plans 

towards creating an information campaign; if a decision has been taken on when the Treaty is 

to be held; and when this is to occur. [3680/08] 

117. Deputy Bernard Allen asked the Minister for Foreign Affairs when the Referendum 

Commission on the Lisbon Reform Treaty will be established; and if he will make a statement 


118. Deputy Lucinda Creighton asked the Minister for Foreign Affairs if he has decided on 

a date for holding the referendum on the Reform Treaty; and if he will make a statement on 

the matter. [2471/08] 

142. Deputy Andrew Doyle asked the Minister for Foreign Affairs his views on the high 

rate of abstentions in the past two EU referenda; and if he will make a statement on the 

matter. [3791/08] 

145. Deputy Paul Kehoe asked the Minister for Foreign Affairs if a date has been agreed 

for a referendum on the Lisbon Reform Treaty; and if he will make a statement on the 

matter. [3794/08] 

235. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the proposed date 

of the referendum on the Lisbon Reform Treaty; and if he will make a statement on the 

matter. [4187/08] 


to 118, inclusive, 142, 145 and 235 together. 

Following its signature in Lisbon on 13 December 2007, Member States are expected to ratify 

the Reform Treaty by 1 January 2009. The Attorney General has advised that the legal effects 

of the Reform Treaty require amendment of the Constitution to enable ratification by Ireland. 

The timing of the referendum is currently under consideration by the Government. A number 

of points will have to be taken into consideration, including the timing of the legislation’s 

passage through the Houses of the Oireachtas and the desired duration of the referendum 

campaign. 

Under the Referendum Act, in the case of a constitutional referendum, the Referendum 

Commission can be established no earlier than the date on which the Referendum Bill is 

initiated in Dáil Éireann. It is the Government’s intention to properly resource the Commission 

and to give it sufficient time to carry out its tasks. Preparatory work is already underway to 

ensure that the Commission is in a position to undertake its work. 

In this respect, the Government Supplies Agency recently published a notice inviting tenders 

for the supply of bilingual booklets by the Referendum Commission to inform the electorate 

about the Reform Treaty. While the work of the Commission is entirely a matter for the 

Commission, it is expected that between 2.4 and 2.5 million booklets will be published. 

The drafting work on the Referendum Bill is nearing completion and work on a White Paper 

on the Reform Treaty is ongoing. It is the aim of the Government to publish the White Paper 

in good time to inform the debate in the Oireachtas and in the referendum campaign. 

Voter turnout is an issue for any referendum and there can be no room for complacency. 

The Nice Treaty referendum taught us a valuable lesson in this regard. A priority for the 

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Government therefore is to inform the public about the Treaty and explain the issues at stake. 

A detailed guide to the Reform Treaty is expected to be published later this month. This will 

form part of the Government’s information campaign, following both the publication of an 

information pamphlet in December and the setting up of a dedicated Reform Treaty website 

which, among other things, contains the full text of the Treaty. 

Additionally, the National Forum on Europe will have an important role to play in promoting 

greater awareness of, and debate on, the Reform Treaty. 


119. Deputy Seán Sherlock asked the Minister for Foreign Affairs his views on the threats 

to the life of the head of the Kenyan Human Rights Commission, Maina Kiai. [3671/08] 

121. Deputy Michael D. Higgins asked the Minister for Foreign Affairs if he is in a position 

to make a statement, even on an interim basis, on the results of the initiative of the former 

Secretary General of the United Nations, Mr. Kofi Anan, in relation to the current crisis in 

Kenya. [3670/08] 


he and his colleagues at EU and UN level are in a position to positively influence the situation 

in Kenya with particular reference to bringing about an immediate cessation to the ongoing 

loss of life; if the international community has satisfied itself that democratic procedures have 

been followed in the most recent elections; and if he will make a statement on the matter. 

[3870/08] 

152. Deputy Billy Timmins asked the Minister for Foreign Affairs his position on the crisis 

in Kenya; and if he will make a statement on the matter. [3789/08] 

227. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the action at EU and 

UN level to address the deteriorating situation in Kenya with particular reference to the need 

to alert the worldwide community to the seriousness of the matter and putting in place 

measures to address the issues; and if he will make a statement on the matter. [4179/08] 


121, 141, 152 and 227 together. 

I refer the Deputies to the answer I have given to Priority Questions Nos. 95 and 98. 

120. Deputy Pat Rabbitte asked the Minister for Foreign Affairs the discussions he and his 

Department have had with Chinese counterparts as well as representatives of the Chinese 

Government in Ireland with regard to continued mistreatment of practitioners and adherents 

of Falun Gong. [3690/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): Questions relating to the treatment of 

Falun Gong practitioners, including specific cases, are raised by the Government with the 

Government of China on a regular basis in the context of bilateral discussions on human rights 

issues, as well as through the EU-China Human Rights Dialogue. 

On a bilateral level, human rights issues form part of the standard agenda of meetings 

between the Taoiseach, the Tánaiste, myself and other Ministers and their Chinese counterparts. 

In addition, senior officials of my Department engage in regular meetings with the 

Chinese Embassy here on human rights issues, at which all major issues of concern — including 

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issues relating to the Falun Gong — are discussed. Our Embassy in Beijing also plays a role in 

raising issues and cases involving human rights with the Chinese Government. 

Ireland is also involved in the development and expression of EU policy in relation to human 

rights in China. The EU-China Human Rights Dialogue is the agreed formal framework 

through which the EU raises human rights issues and concerns with China. This broad-ranging 

dialogue with the Chinese Government, which takes place twice each year, includes issues 

relating to the Falun Gong, including specific individuals and cases. 

My Department also meets Falun Gong representatives, as well as representatives of Human 

Rights Organisations dealing with China, on a regular basis. In addition, senior officials of my 

Department met on two occasions with the authors of the Kilgour-Matas report into allegations 

of organ harvesting of Falun Gong members, allegations which remain unsubstantiated to date, 

but which nevertheless identify issues of concern. 

These contacts, as well as with representatives of the Falun Gong in Ireland, will continue 

to be maintained and issues of concern will continue to be raised with the Chinese authorities. 



123. Deputy Jan O’Sullivan asked the Minister for Foreign Affairs if his Department’s attention 

has been drawn to the ongoing persecution of the Ahmedin community in Pakistan in 

regard to their human rights. [3691/08] 

131. Deputy Shane McEntee asked the Minister for Foreign Affairs the action he has taken 

to reflect the widespread condemnation here at the assassination of Benazir Bhutto in Pakistan; 

and if he will make a statement on the matter. [3788/08] 

151. Deputy Jan O’Sullivan asked the Minister for Foreign Affairs if his attention has been 

drawn to ongoing human rights abuses of the Ahmedin people in Rabwah in Pakistan; and if 

he will make a statement on the matter. [3692/08] 

154. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the measures available 

to the international community to verify that the forthcoming elections to be held in 

Pakistan are free and fair and in accordance with the democratic principles; and if he will make 


226. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the action the EU or 

the UN proposes to take to encourage normal and peaceful elections in Pakistan; and if he will 

make a statement on the matter. [4178/08] 


131, 151, 154 and 226 together. 

Ireland, together with our EU partners, continues to have concerns about human rights issues 

in Pakistan, including the situation of the Ahmadis. Promoting religious tolerance remains a 

key EU objective in Pakistan and we have urged the government there to make every effort 

to promote effectively the rights of minorities and to improve their current conditions. Regular 

human rights demarches are carried out by the EU at official level with the Pakistani authorities. 

The situation of minorities was among the issues raised at the most recent demarche, 

which took place in June 2007. The EU expressed its continued concerns over abuses of the 

518


blasphemy laws, which are often used to harass members of minority communities as well as 

Muslims. An additional current concern is the Ahmadi community’s claim that they are being 

discriminated against in the current electoral process, as a result of the Government requirement 

that they register on a separate voter list, and their consequent decision to boycott the 

elections. 

As regards the assassination of Benazir Bhutto, President McAleese, the Taoiseach and I all 

issued statements immediately after this tragic event on 27 December. As I noted in my statement, 

the killing of Benazir Bhutto was an attack on democracy, as she, her party and the 

country prepared for parliamentary elections. I would reiterate my call upon the Pakistani 

authorities, and all those with particular influence upon them, to do their utmost to ensure that 

Pakistan continues on its path back to democracy. Equally, as the EU Presidency made clear 

in its statement on 27 December, all sides should refrain from violence and civil unrest and 

pursue the path of national reconciliation. 

As regards the forthcoming elections in Pakistan, President Musharraf has repeatedly insisted 

that these will be ‘free, fair, transparent and peaceful’. In order to ensure and assess that this 

is the case, 1,759 observers have been accredited to monitor the Elections, of which 307 are 

international observers. The largest international team will be the EU Election Observation 

Mission — to which Ireland has contributed 6 observers. Two important Pakistani civil society 

groups will also be playing an active role — the Free and Fair Election Network and the 

Pakistan Coalition of Free and Fair Elections. The EU’s Election Observation Mission has 

been playing an active role on the ground, including providing their observations to the Pakistan 

government and elections Commission. The UN is not sending an observation team but 

has provided technical support for the preparation of the elections, primarily through UNDP. 

In the overall context, the lifting on 15 December of the state of emergency has resulted in 

some easing of restrictions on pre-elections preparations. As a result, many aspects of the 

logistical preparations for the elections have been progressing well. A computerised final electoral 

roll was made available on the internet on 8 January, the recruitment of polling personnel 

has been finalised, details of the numbers of registered voters and lists of polling stations, 

polling booths and poling personnel for each constituency have been published, the printing of 

ballot papers has been completed and on schedule, and plans are underway to roll out tamperproof, 

transparent perspex ballot-boxes that will be used in the elections. 

Concerns remain, however, about some of the arrangements, as well as the potential for 

rigging the elections. There is still no official list of candidates and a number of appeals regarding 

the eligibility of some candidates are awaiting decision by the Supreme Court. The requirement 

for voters to present new computerised National Identity Cards may disenfranchise some 

voters, particularly the disadvantaged and those in remoter areas. The compilation and consolidation 

of results by returning officers will be a particular focus for election monitors. A number 

of media restrictions remain in place, and I would call for these to be lifted immediately. A 

further important step would be to end the ongoing arrests and harassment of political 

opponents, and to release all political prisoners, including human rights defenders. 

The EU has consistently urged President Musharraf and the Pakistani Government to do all 

possible to ensure that these elections are indeed fully free and fair, as has been promised. 

Strong messages on these lines were conveyed by the EU Presidency, and other European 

leaders, during Musharraf‘s recent visit to Brussels and some European capitals. Ireland, with 

our EU partners, will continue to closely monitor the situation in Pakistan in the lead up to 

and throughout the upcoming elections. 


519


Diplomatic Representation. 

125. Deputy Phil Hogan asked the Minister for Foreign Affairs his plans to create new 

diplomatic missions; and if he will make a statement on the matter. [3802/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): Ireland has a network of 75 resident 

diplomatic and consular Missions abroad, as well as the British-Irish Intergovernmental Secretariat 

in Belfast and the North-South Ministerial Council Joint Secretariat in Armagh. While 

the opening of new Embassies abroad is considered by the Government on an ongoing basis, 

any expansion of our diplomatic network can only be undertaken having regard to clear priorities 

and available resources. 

The White Paper on Irish Aid, published in September 2006, designated Malawi as Ireland’s 

ninth programme country. Based on this recommendation, the Government decided to establish 

an Embassy in Lilongwe and Ireland’s first resident Ambassador to Malawi took up duty 

in October of last year. 

The successful trade mission, led by the Taoiseach in January 2007, to Saudi Arabia and the 

United Arab Emirates underlined the potential value to Ireland of having a second resident 

Embassy in the Gulf region. Accordingly, and in order to take advantage of this potential, the 

Government in March 2007 agreed to my recommendation that an Embassy be established in 

the United Arab Emirates. The timing of the establishment of this new Embassy in Abu Dhabi 

is under consideration. Apart from the United Arab Emirates, there are no plans at present to 

establish any other new Embassies. 


126. Deputy Willie Penrose asked the Minister for Foreign Affairs the progress towards 

achievement of the Millennium Development Goals within the specified time-scale in view of 

the most recent information from the United Nations; and the implications of failure to achieve 

the Goals on the continent of Africa. [3698/08] 

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): The eight 

Millennium Development Goals (MDGs), adopted in the year 2000 as part of the commitments 

undertaken by Heads of Government at the Millennium Summit, represent a framework for 

international economic and social development up to the year 2015. The latest MDG progress 

report, issued in July 207, gave us a snapshot of the progress achieved at the midpoint of the 

2015 MDG target date, broken down by goal and by region. Overall, there has been good 

progress on some targets, with more intensive effort required on others. 

On the positive side, the indications are that, if current trends continue, we are on target to 

reach the MDG on poverty reduction for the world as a whole. Progress has also been made 

globally in relation to reducing child mortality and increasing school enrolment rates. However, 

while there has been progress towards the goals globally since 2000, largely due to advances in 

China and other Asian countries, Africa is lagging behind on most indicators. This is attributed 

to a combination of institutional weakness, civil and international conflict, and funding 

shortfalls. 

In recognition of these problems Ireland continues to focus around 85 percent of its bilateral 

country assistance on sub-Saharan Africa and Irish Aid will continue to expand its assistance 

to the region as our aid programme grows. 

Failure to reach the MDGs in Africa would be an indictment of the developed world. It is 

in the interests of each and every country to ensure that the Millennium Goals are reached as 

520


the instability caused by global poverty and HIV/AIDS is a threat to all humankind and not 

just to the countries affected. 

In reaction to the geographical disparities highlighted in the latest review, the UN Secretary 

General convened an MDG Africa Steering Group last September. His initiative has brought 

together high level representatives of the African Union, European Union, African Development 

Bank, Islamic Development Bank, IMF and World Bank, who will meet regularly to 

examine how to strengthen Africa’s efforts to meet the Goals. 

A further initiative aimed at measuring progress towards the MDGs has been taken by the 

British Prime Minister Gordon Brown who has proposed that a Heads of State/Government 

meeting take place at the UN in September 2008 to revitalise the pledges made in 2000 and 

provide the impetus for more intensive efforts in the period up to 2015. The Prime Minister 

wrote to the Taoiseach about his proposal and the Taoiseach has replied indicating Ireland’s 

strong support. 

Ireland participates fully in efforts to achieve the MDGs. As set out in the White Paper on 

Irish Aid, the Millennium Development Goals are the overarching framework for our overseas 

aid programme. By delivering on the commitment to reach the 0.7% UN target for development 

funding by 2012, Ireland is also seen as being at the forefront of their implementation 

internationally. 


127. Deputy Ciarán Lynch asked the Minister for Foreign Affairs if he will make a statement 

on the present EU and Irish positions in relation to the future of Kosovo. [3673/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): Following the failure in December of 

the talks led by the Contact Group Troika, there is broad acceptance within the international 

community that no agreement on Kosovo’s status is possible between Belgrade and Pristina. 

The possibility of progress at the UN is also blocked, with deadlock at the Security Council 

over the proposal by the UN Secretary-General’s Special Envoy, Martti Ahtisaari, for a settlement 

based on internationally supervised independence for Kosovo. In these circumstances, it 

is widely expected that Kosovo will shortly declare its independence. 

At the European Council of 14 December last, EU leaders discussed the Report from the 

Contact Group Troika on the conclusion and failure of the Kosovo status talks. The European 

Council thanked the Troika for its efforts, and regretted that the parties had not been able to 

make use of this opportunity to find agreement on a common way forward. 

In the light of the failure of the Troika process, the European Council considered the position 

to be adopted by the EU. It underlined the need to move forward towards a Kosovo settlement, 

which is required for regional stability. There was strong emphasis on the importance of a 

unified EU approach, and for the EU to make clear its willingness to take the lead internationally 

in helping to manage and resolve this European problem, including by means of the 

planned ESDP rule of law mission, and a contribution to an international civilian office, as part 

of the future international presence in Kosovo. 

We recognise that difficult choices will now need to be made which deal with the reality of 

the situation on the ground. The status issue presents a challenge which we and our EU partners 

must be prepared to meet in a unified way. We welcome the statements of the December 

European Council, underlining the EU’s readiness to meet this challenge. Ireland will play 

its part. 

521



On the basis of positive advice from the Attorney–General confirming the continuation of 

UN Security Council Resolution 1244 until it is rescinded by the Security Council, Ireland will 

be able to maintain our enhanced presence in KFOR. We intend to contribute members of the 

Garda to the ESDP Mission and also to support the future economic development of Kosovo. 

Ireland has strongly and consistently supported the Ahtisaari proposal, which provides for 

internationally supervised independence for Kosovo with strong guarantees for the rights of 

Serbs and other minorities. We believe that this proposal provides the most practical and 

realistic solution for the future status of Kosovo, and expect that any declaration of independence 

by Kosovo will be accompanied by a commitment to implement its provisions. 

The Government has not yet taken a decision on the question of national recognition of 

Kosovo independence, and I believe that it would be not be helpful for me to speculate on this 

matter in advance of any declaration of independence. As indicated, strenuous efforts will be 

made to agree a common EU approach in response to any such declaration. 

Cultural Events. 

128. Deputy Phil Hogan asked the Minister for Foreign Affairs his plans to promote Irish 

cultural events abroad in 2008; and if he will make a statement on the matter. [3803/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): The principal responsibility for promoting 

Irish cultural events abroad was conferred by the Arts Act of 2003 on the Minister for 

Arts, Sport and Tourism. Culture Ireland was established by the Minister for Arts, Sport and 

Tourism to fulfil this responsibility. 

In addition, Subhead G of the Vote for Foreign Affairs provides for 2008 a sum of \891,000 

in respect of Cultural Relations with other countries. From that Subhead, the Department of 

Foreign Affairs, in cooperation with our overseas Missions, can provide small-scale support for 

Irish cultural events abroad. The projects which will be supported during 2008 are proposed 

throughout the year so details are not available at this stage. I attach considerable importance 

to making the greatest use of the depth and diversity of Irish cultural life to enhance the image 

of our country overseas, in cooperation with Culture Ireland and other agencies. 


129. Deputy Liz McManus asked the Minister for Foreign Affairs the most recent report by 

the EU in relation to the situation in Somalia. [3701/08] 

147. Deputy Liz McManus asked the Minister for Foreign Affairs his views on the most 

recent United Nations report at the deteriorating conditions in Somalia; and if he will make a 




I remain very concerned at the situation in Somalia. The country has been without an effective 

government since 1991, and despite an initial period of stability after Ethiopian troops and 

Transitional Federal Government (TFG) forces defeated the Union of Islamic Courts (UIC) 

in December 2006, the situation has worsened in recent months. The first troops from an 

African Union-mandated peace support force (AMISOM) were deployed to Mogadishu in 

March 2007 but, as it stands, and with less than a quarter of the planned 8,000 troops on the 

ground, AMISOM has not been able to bring any important measure of stability. 

522


The position has deteriorated since October 2007, when there was an upsurge in violence in 

Mogadishu triggered by the killings of several Ethiopian soldiers. Since then, there has been 

intense fighting in Mogadishu between Ethiopian and TFG forces on the one hand, and clan 

militias and Islamists on the other hand. The appointment of a new Prime Minister, Nur Haasan 

Hussein, in November 2007 has however brought some hope of a fresh political approach. 

The fighting in Mogadishu since October has prompted hundreds of thousands to flee the 

capital, adding to the humanitarian crisis, particularly in and around Mogadishu. In total, 

approximately one million people have been displaced since the start of 2007, while up to one 

and a half million need humanitarian aid. The precarious environment in which humanitarian 

personnel in Somalia operate has been highlighted by the recent killing of three humanitarian 

workers there. I am also deeply concerned by reports of an Irish national being held hostage, 

along with a number of others, on a ship hijacked earlier this week by pirates off the Somali 

coast. Access for humanitarian personnel and supplies has also suffered as established supply 

routes through Kenya have been affected by the ongoing crisis in that country. 

The Special Representative of the UN Secretary General (UNSRSG), Ahmedou Ould- 

Abdallah, briefed the UN Security Council in December 2007 on his contacts with President 

Yusuf and Prime Minister Hussein in an effort to resolve the ongoing crisis by peaceful means. 

The UN Secretary General has made it clear to the Security Council that due to the prevailing 

political and security situation, the deployment of a UN peacekeeping force to Somalia is not 

a realistic option for the time being. 

My EU colleagues and I discussed the situation in Somalia at the General Affairs and External 

Affairs Council in December 2007. We agreed that a political solution will be the key to 

ending the suffering of the Somali people. Ireland has regularly highlighted the priority which 

must be given to ensuring unobstructed humanitarian access and has urged that the EU use its 

influence in this regard. Since 2006, Irish Aid has provided over \14 million in humanitarian 

assistance to the Somali people, and we stand ready to provide further assistance, as required. 

Territorial Waters. 

130. Deputy Damien English asked the Minister for Foreign Affairs the recent developments 

with respect to the extension of seabed sovereignty; and if he will make a statement on the 

matter. [3797/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): Under the 1982 United Nations Convention 

on the Law of the Sea, a coastal state is entitled to a continental shelf of 200 nautical 

miles (approx. 370 km) in breadth regardless of whether its continental shelf physically extends 

that far, subject only to the similar rights of its coastal neighbours. It may also claim a broader 

shelf where it can show that the natural prolongation of its land territory under water actually 

extends beyond that limit. A claim to extended shelf must be supported by scientific and 

technical data and be established to the satisfaction of the UN Commission on the Limits of 

the Continental Shelf, which was created by the Convention for this purpose. 

Ireland’s shelf naturally extends beyond 200 nautical miles both to the west and the south of 

the country. For the purposes of our claims we have divided our shelf into three sectors. 

The first sector is to the south-west of the country on the edge of an area known as the 

Porcupine Abyssal Plain. This sector (which is approximately half the size of the State’s land 

territory) is not disputed by any other state and was therefore the subject of Ireland’s first 

submission to the Commission, made in May 2005. The Commission issued its recommendations 

in April 2007 concerning the limits of this claimed area. The Government has 

523



accepted these recommendations and work is now in hand to designate in domestic law the 

additional seabed enclosed by these limits as continental shelf belonging to the State. 

The second sector of claimed extended continental shelf is in the Celtic Sea and the Bay of 

Biscay. This was the subject of a joint submission made together with the UK, France and 

Spain in May 2006. It covers an area of approximately 80,000 square kilometres, which is 

slightly larger than the State’s land territory. This submission remains under consideration by 

the subcommission established to examine the evidence submitted in support of it. The four 

states most recently met with the subcommission last month and it was agreed that further 

discussions will take place when it resumes its work in New York in April. It is hoped that the 

subcommission will be in a position to formulate its draft recommendations during 2008. These 

recommendations must in turn be approved by the full Commission. The question of division 

of the area between the four states concerned will be considered after the recommendations 

have been made. 

Ireland also claims continental shelf in the part of the North-East Atlantic Ocean known as 

the Hatton-Rockall Area, which extends up to 500 nautical miles from the coast. Ireland and 

the UK agreed a maritime boundary on the continental shelf here in 1988 but this is not 

accepted by Iceland or Denmark (on behalf of the Færoe Islands), which also make extensive 

overlapping claims. The four countries have met regularly since 2001 in an effort to resolve the 

issues arising from overlapping claims and these discussions are continuing. 


International Agreements. 

132. Deputy Shane McEntee asked the Minister for Foreign Affairs the UN Conventions he 

has to ratify; when these will be ratified; and if he will make a statement on the matter. 

[3799/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): As the Deputy will be aware, there is 

a large number of international agreements within the UN framework, covering a very wide 

range of subjects and falling within the functional responsibility of a number of Departments. 

Two international agreements within the UN framework for which my Department holds 

lead responsibility have been signed but not yet ratified by Ireland. These agreements are: 

1. The Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning 

the Compulsory Settlement of Disputes, signed 18 April 1961, and 

2. The Optional Protocol to the Vienna Convention on Consular Relations, concerning the 

Compulsory Settlement of Disputes, signed 24 April 1963. 

Ratification of these agreements is linked to the wider question of the making of a declaration 

by Ireland accepting the compulsory jurisdiction of the International Court of Justice. The full 

implications of making such a declaration and the question of what, if any, conditions or reservations 

should attach to it, are complex matters which require careful study, including with the 

Attorney General. 

133. Deputy Seán Sherlock asked the Minister for Foreign Affairs if Ireland proposes to 

ratify the United Nations Convention against Corruption; and if so when it is proposed that 

such ratification will take place. [3672/08] 

524


157. Deputy Mary Upton asked the Minister for Foreign Affairs the position Ireland has 

taken in relation to the second United Nations Conference on Corruption in Bali; and his views 

on the limitations on Ireland’s participation occasioned by the failure of the Irish Government 

to ratify the UN Convention against Corruption. [3677/08] 



I refer the Deputies to previous replies to similar questions concerning the United Nations 

Convention against Corruption, most recently on 27th November 2007. The Convention was 

adopted by the UN General Assembly in October 2003 and was signed on behalf of Ireland, 

when it opened for signature, in December 2003. The Convention entered into force on 14 

December 2005. 

My colleague, the Minister for Justice, Equality and Law Reform, has arranged for his 

officials to undertake a detailed examination of the text of the Convention to ascertain what, 

if any, changes to the domestic criminal and civil law and to administrative practice will be 

required in order for Ireland to ratify this Convention. 

Following extensive consultation with the Office of the Attorney General, it has been concluded 

that Ireland largely fulfils the criminal justice requirements of the Convention either 

through existing anti-corruption statutes or via legislation that is in progress such as the forthcoming 

Prevention of Corruption (Amendment) Bill and the Criminal Justice (Mutual 

Assistance) Bill 2005. 

A number of other issues in the civil and administrative area will also have to be addressed 

in advance of Ireland’s ratification of the Convention. The Department of Justice, Equality 

and Law Reform will be pursuing these matters with the relevant Departments and Agencies. 

Ireland is fully committed to ratifying this Convention and to its implementation internationally 

through our support for the EU common position on the Conference of States Parties (COSP) 

which took place in Bali last week. 

Ireland is supportive of the EU policy favouring the establishment of a strong and effective 

review mechanism for the implementation of the Convention. Ireland also supports the EU 

common position on asset recovery through the identification and promotion of effective 

methods of facilitating the return of proceeds of corruption. 

The Irish delegation in Bali made a full contribution to the Conference. Ireland was represented 

by officials from the Department of Justice, Equality and Law Reform and the 

Department of Foreign Affairs. An officer from the CAB also attended the Conference. 

134. Deputy Joanna Tuffy asked the Minister for Foreign Affairs the details of the proposed 

stabilisation and association agreement to be signed by the EU after it takes over control of 

Kosovo from the UN and Serbia and the exploratory talks that may have been held with the 

Serbian authorities regarding Kosovo’s future and independence; if preliminary discussions 

regarding Serbia joining the EU in the future have been held; and if he will make a statement 


Minister for Foreign Affairs (Deputy Dermot Ahern): The European Union’s Stabilisation 

and Association Process for the countries of South-Eastern Europe aims to strengthen political 

and economic stability in the region. The process involves the negotiation of Stabilisation and 

Association Agreements (SAAs) with each of the countries concerned. The principal objective 

of these Agreements is to bring the countries closer to EU standards and principles. The 

525



Agreements confirm the EU’s readiness to integrate them into Europe’s political and economic 

mainstream. 

Where Serbia is concerned, signature of the proposed SAA remains contingent on an assessment 

by the EU Council of Ministers that Serbia has cooperated fully with the International 

Criminal Tribunal for the former Yugoslavia (ICTY). Pending such a positive assessment, the 

Council agreed at its meeting on 28 January to propose an interim political agreement on 

cooperation between the EU and Serbia. This decision reflects the importance which the EU 

attaches to Serbia’s European future, and comes at a time when relations between the EU and 

Serbia are tested by our differences over the Kosovo final status process. The issues of the 

SAA and Kosovo were most recently discussed between the EU and Serbia at a Troika meeting 

with Foreign Minister Jeremic in Brussels on 28 January. I had the opportunity to hear the 

Serbian perspective at first hand during my visit to Belgrade last November. 

It is important to note, however, that the issue of signature of the SAA with Serbia is not 

directly linked to the specific question of Kosovo’s final status, but is in its own right an 

important step towards the realisation of Serbia’s European perspective. A clause in the draft 

Agreement excludes Kosovo from the scope of the SAA, reflecting the fact that Kosovo has 

been under UN administration since 1999, in accordance with the terms of UN Security Council 

Resolution 1244, and that its final status remains to be resolved. 

With regard to the question of Serbia joining the European Union at a future date, the 

December 2007 European Council reaffirmed that the future of the Western Balkans lies within 

the European Union. It considered that a stable and prosperous Serbia fully integrated into 

the family of European nations is important for the stability of the region. In this regard, it 

encouraged Serbia to meet the necessary conditions to allow its Stabilisation and Association 

Agreement rapidly to be signed and, in the light of Serbia’s considerable institutional capacity, 

and recalling its conclusions of December 2006, it reiterated its confidence that progress on the 

road towards the EU, including candidate status, can be accelerated. 

With the conclusion in failure last December of four months of talks led by the International 

Contact Group Troika, there is broad agreement within the international community that no 

agreement on Kosovo’s final status is possible between Belgrade and Pristina. The possibility 

of progress at the UN is also blocked, with deadlock at the Security Council over the proposal 

by the UN Secretary-General’s Special Envoy, Martti Ahtisaari, for a settlement based on 

internationally supervised independence for Kosovo. In these circumstances, it is widely 

expected that Kosovo will shortly declare its independence. 

The status issue presents a challenge which we and our EU partners must be prepared to 

meet in a unified way. We welcome the statements of the December European Council, which 

underlined the EU’s readiness to meet this challenge. Ireland will play its part. 

On the basis of positive advice from the Attorney–General confirming the continuation of 

UN Security Council Resolution 1244 until it is rescinded by the Security Council, Ireland will 

be able to maintain our enhanced presence in KFOR. We also intend to contribute members 

of the Garda to the planned ESDP rule of law mission, which was endorsed by the European 

Council last December and is seen as a key element of the international civilian presence in a 

post-status Kosovo, and to support the future economic development of Kosovo. 

The Government has not yet taken a decision on the question of national recognition of 

Kosovo independence, and I believe that it would be not be helpful for me to speculate on this 

matter in advance of any declaration of independence. As indicated, strenuous efforts will be 

made to agree a common EU approach to this matter. 

526


Commemorative Events. 

135. Deputy Jack Wall asked the Minister for Foreign Affairs if his Department will respond 

to the suggestion that Ireland honour Mr. Carl Joachim Hambro in view of his contribution to 

Ireland’s struggle for independence and his contribution as president of the Norwegian Parliament 

to international peace. [3696/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): As the Deputy will be aware, C.J. 

Hambro was a distinguished Norwegian political leader in the earlier part of the last century. 

Mr. Hambro was a defender of the rights of small nations in an era when these rights were far 

from being guaranteed. His belief in the rights of small nations led him to defend the cause of 

Irish independence and gave rise to his admiration for Éamon de Valera. 

As I indicated in my reply to PQ no. 30892/07 of 27 November 2007, I was made aware of 

an initiative in July 2007 regarding a proposed commemoration of Mr. Hambro in Muckross 

House. While I would be willing to lend my support to such a proposal in view of Mr. Hambro’s 

distinguished background, the issue of a commemorative memorial in Muckross House is a 

matter for the National Parks and Wildlife Service of the Department of the Environment, 

Heritage and Local Government. In this regard, I understand that the Department of the 

Environment, Heritage and Local Government was in contact with the interested party last 

Summer to indicate that they are not in a position to accede to such a request, but did advise 

of alternative possibilities for commemorating Mr. Hambro. 


136. Deputy Fergus O’Dowd asked the Minister for Foreign Affairs the recent developments 

with respect to Ireland’s participation in the Antarctic Treaty 1959; and if he will make a 


Minister for Foreign Affairs (Deputy Dermot Ahern): The Antarctic Treaty opened for signature 

on 1 December, 1959 in Washington DC and came into force in 1961. The stated aim 

of the Treaty is to ensure “in the interests of all mankind that Antarctica shall continue forever 

to be used exclusively for peaceful purposes and shall not become the scene or object of 

international discord.” 

While the Treaty has been in operation since 1961, only 46 or fewer than one quarter of UN 

Member States, are States Parties. Many of those who have chosen not to accede have argued 

that the Antarctic should be declared part of the common heritage of mankind and thus be 

treated in a manner analogous to Outer Space or the International Sea Bed Area and therefore 

beyond the limits of national jurisdiction. Some have called for a UN agreement to which all 

Member States would subscribe as the best means to ensure full accountability for actions 

undertaken in, affecting and concerning Antarctica. 

While Ireland has traditionally been sympathetic to this view, we are aware of the immense 

difficulties which would arise in seeking to negotiate a new Treaty. We have also carefully 

noted the UN General Assembly Resolutions of 2002 and 2005 which affirmed that the management 

and use of the Antarctica should be conducted in accordance with the purposes and 

principles of the Charter of the United Nations in the interest of maintaining international 

peace and security and promoting international co-operation for the benefit of mankind as a 

whole. The Resolutions also welcomed the practice whereby the Antarctic Treaty consultative 

parties regularly provide the UN Secretary General with information on their consultative 

meetings and their activities in Antarctica. 

527



As I indicated in my reply to PQ No. 30237/07 of 21 November 2007, it has been decided in 

all the circumstances to re-examine the issue. Officials in my Department have since then begun 

a study of the detailed issues involved in accession and will shortly be in a position to initiate 

broader interdepartmental consultation. 

Passport Applications. 

137. Deputy Michael D’Arcy asked the Minister for Foreign Affairs if a photographic 

machine was purchased for the passports office; when this was purchased; the cost of same; if 

it is of the required standard; and if he will make a statement on the matter. [3801/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): No machine has been purchased by 

the Passport Office. 

For the convenience of citizens applying in person, photo booths were installed in the Passport 

Office in Dublin and Cork. A booth was first installed in Dublin in May 2005 and was 

replaced with a newer model in January 2007. A similar model was installed in Cork in 

March 2007. 

The Passport Office does not pay a fee to the company concerned, “Photo-me”, for the 

availability of these machines on the Department’s premises. The Passport Office is satisfied 

that, if used correctly, the photo booths produce photographs to the required standard. 

Departmental Staff. 

138. Deputy Paul Kehoe asked the Minister for Foreign Affairs the number of people in the 

bilateral economic relations division who deal with the United States; and if he will make a 


Minister for Foreign Affairs (Deputy Dermot Ahern): The Bilateral Economic Relations 

Division is divided into three sections which deal, respectively, with Asia and North America, 

the Middle East, Africa and South America, and Europe. The section which deals with Asia 

and North America is staffed by three officials. The Division works closely with the Embassy 

Washington, the Consulates in New York, Boston, Chicago and San Francisco, other Government 

Departments and the State Agencies to advance bilateral economic relations with the 

United States. 


Common Foreign and Security Policy. 

140. Deputy Ciarán Lynch asked the Minister for Foreign Affairs the proposals he has for 

reducing the democratic deficit in relation to common, foreign and security policy at national, 

Parliamentary and European Union level. [3674/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): The European Union (Scrutiny) Act 

in 2002 improved the arrangements for scrutiny of EU business by the Dáil and the Seanad. 

Thanks to the work of the Sub-Committee on European Scrutiny, parliamentary oversight of 

proposed EU measures has been greatly enhanced. Under the Scrutiny Act, the following 

measures are subject to scrutiny: regulations or directives; joint actions and common positions 

under the Common Foreign and Security Policy (CFSP); and a range of measures in the Justice 

and Home Affairs area. 

528


As the House will be aware, a Joint Committee for European Scrutiny was established last 

year. Discussions are underway between the Department of Foreign Affairs and other Government 

Departments and the Houses of the Oireachtas in relation to the preparation of new 

Guidelines for Departments on Oireachtas Scrutiny of EU Business. 

In relation to CFSP/ESDP measures, my Department informs the Oireachtas as to the content, 

purpose and the national implications of such proposals. 

I also arrange to brief the Joint Committee on European Affairs, in advance of each meeting 

of the General Affairs and External Relations Council, on items to be discussed, the majority 

of which usually relate to CFSP/ESDP issues. 

At the level of the European Union, Ireland has consistently supported the inter-governmental 

character of the CFSP, which serves to safeguard our interests. At the same time, the 

European Reform Treaty, following ratification by all Member States, will introduce some 

measures that will strengthen democratic debate in this area. A new post of High Representative 

of the Union for Foreign Affairs and Security Policy will be established. The High Representative 

(whose role will combine the responsibilities of the current High Representative 

for Common and Foreign Security Policy as well as the current Commissioner for External 

Relations) will consult and inform the European Parliament in relation to the CFSP and will 

ensure that the views of the European Parliament are duly taken into consideration. There is 

also provision for those Special Representatives appointed to deal with external issues to brief 

the European Parliament on their areas of responsibility. 

Also, the National Forum on Europe plays an important role in promoting balanced and 

informed public debate on EU issues, including those in the CFSP area. 



Humanitarian Assistance. 

143. Deputy Joe Costello asked the Minister for Foreign Affairs his plans to assist and to 

offer aid to those living in areas of Mozambique, thought to number some 200,000, who are in 

severe danger of flooding due to an advancing tropical cyclone. [3688/08] 

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): Tropical 

Storm Fame developed in the Mozambique Channel on 25 January 2008 reaching Category 1 

status on 27 January 2008. It then changed course eastwards away from Mozambique. 

Heavy rains and storms since the beginning of December 2007 have caused severe flooding 

in southern Africa, including Mozambique. The most recent UN reports indicate that approximately 

20,000 households or 95,000 people have moved to resettlement centres as a result of 

flooding in Mozambique. The National Institute for Disaster Management has requested the 

World Food Programme (WFP) and cooperating partners to continue food distributions to 

affected populations throughout the month of February. Presently the WFP has 845 metric 

tonnes of food stocks positioned near the flood-affected areas. Ireland is a major donor to the 

WFP and provided almost \26 million of funding to it in 2007. 

In addition, a Revised Emergency Appeal (REA) outlining a more detailed operational plan 

for the region is scheduled to be launched on 8 February. In advance of the REA, US$2 million 

has been released from the UN Central Emergency Response Fund (CERF) to a number of 

UN agencies to provide emergency relief. Ireland is a key donor to the CERF, which was 

established, with Ireland’s support, specifically to facilitate rapid response to emergencies such 

529

[Deputy Michael P. Kitt.] 


as that affecting southern Africa, including Mozambique. Ireland has contributed approximately 

\30 million to the CERF in the past and will provide a further \22.6 million in funding 

this year. Our Embassy in Maputo is continuing to monitor the situation closely and we remain 

ready to respond further if necessary. 


144. Deputy Michael D. Higgins asked the Minister for Foreign Affairs the relationship 

between the Interdepartmental Committee on Development and the Joint Committee on 

Foreign Affairs. [3684/08] 

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): The White 

Paper on Irish Aid included a commitment to establish a new Inter-Departmental Committee 

on Development to strengthen coherence in the Government’s approach to development and 

to make best use of the expertise and skills available across the public service. I am pleased to 

say that, in line with that commitment, an Inter-Departmental Committee on Development has 

been established. It has met three times under my chairmanship. The next meeting will take 

place at the end of February. 

The Committee aims to strengthen coherence on development policy across Government. 

Development co-operation does not take place in isolation from other Government policies 

and the need for greater coherence in policies across sectors that affect developing countries 

is recognised. Examples of issues that are vital to the developing countries include trade, 

climate change and debt relief. Government Departments are represented on the Inter-Departmental 

Committee by senior level officials who are actively engaging in the work. Two Sub 

Groups of the Committee have been established, one to look at developing a more coherent 

policy in our relationships with Multilateral Organisations and the second focusing on making 

best use of the expertise and skills available across the public service in our development aid 

programme. The Committee will report annually to the Minister for Foreign Affairs outlining 

its activities and making recommendations as appropriate. 

My colleague Dermot Ahern T.D., Minister for Foreign Affairs and I are deeply conscious 

of the need to keep members of the Oireachtas informed of and engaged with the work of the 

overseas aid programme. The Joint Committee on Foreign Affairs has played a key role in 

examining and debating a wide range of development related issues. A number of visits to 

Programme countries have been made by the Chair and members of the Committee. I welcome 

the Committee’s engagement with the aid programme and hope that it will increase in importance 

as the programme expands. 

A major review of the management of the Irish Aid programme is currently underway. The 

aim of the review is to ensure that the systems, structures, procedures and staffing of Irish Aid 

can deliver a high quality aid programme as funding expands towards reaching the target of 

0.7% of GNP target by 2012, as committed to by the Taoiseach. It is hoped that the review 

will be completed this Spring. 





148. Deputy Joan Burton asked the Minister for Foreign Affairs the position regarding the 

530


situation in Sri Lanka where despite a recent cease-fire having been brokered, there are continuing 

reports of deaths and attacks on civilians; the assistance the EU has offered in this 

regard in possible peace-keeping issues; and if he will make a statement on the matter. 

[3679/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): Recent months have seen a further 

alarming escalation of violence in Sri Lanka, including increasing military operations, suicide 

attacks and assassinations, with significant numbers of civilian casualties. I utterly condemn the 

senseless and callous series of terrorist bombings over the last few days in Sri Lanka that have 

killed some thirty people and injured scores of others. It is vital that both the LTTE and the 

Government of Sri Lanka recognise that a sustainable solution to the problems Sri Lanka faces 

cannot be achieved by military means and that they need to immediately resume meaningful 

negotiations for a peaceful future for the people of Sri Lanka. 

In this context, and as I said in a statement on 4 January, I am deeply concerned by the 

decision of the Government of Sri Lanka to terminate the 2002 ceasefire agreement with the 

Liberation Tigers of Tamil Eelam (LTTE). I believe that this withdrawal from the ceasefire 

agreement can have only negative repercussions for Sri Lanka and its people, including for the 

already serious humanitarian and human rights situation in that country. It is the responsibility 

of all sides of the conflict to seek to meaningfully and peacefully address the differences 

between them for the sake of all the people of Sri Lanka. 

It is also deeply unfortunate that the Nordic Sri Lanka Monitoring Mission (SLMM), whose 

mandate ended on 16 January following the end of the ceasefire agreement, has now had to 

withdraw from Sri Lanka. Norway had played an important and significant role as facilitator 

to the Ceasefire Agreement and the peace negotiations which followed it. On the more positive 

side, however, Norway has indicated that it will continue its contacts with both sides, so that it 

might again be able to facilitate talks if the sides agree to return to the peace process. 

The situation in Sri Lanka is regularly discussed with EU partners, and the EU continues to 

play an active role as one of the four Co-Chairs of the 2003 Tokyo Conference on Reconstruction 

and Development of Sri Lanka. The EU has called upon the Government of Sri Lanka to 

come forward with a substantive devolution offer around which negotiations might restart, as 

soon as possible. 

One possible route towards negotiations might be the proposals on the devolution of power 

to the provinces of the All-Party Representatives Committee (APRC), submitted to President 

Rajapakse on 23 January. The Committee was established by President Rajapakse in 2006 to 

seek to forge a consensus among the political parties in Sri Lanka on a possible political solution 

to the conflict. I understand that a final, consensus document is being finalised by the 

APRC and is due to be submitted to the President in the near future. While the Government 

of Sri Lanka have stated that these recommendations will be implemented in full, it would be 

important that any final political solution be achieved in an inclusive manner, with the involvement 

of parties to the conflict, including the LTTE. 

The EU, and Ireland nationally, remain ready to support a meaningful peace process in Sri 

Lanka, and to provide assistance in any manner acceptable to both sides of the conflict, and in 

support of the Norwegian facilitator. 

149. Deputy Brian O’Shea asked the Minister for Foreign Affairs if he has received a full 

report regarding the attempt (details supplied) to fly children out of Chad to Europe; and if 


531


Minister for Foreign Affairs (Deputy Dermot Ahern): The so-called charity, Zoe’s Ark, was 

originally established in the aftermath of the 2004 Asian tsunami. In April 2007 it announced, 

via its website, a campaign to evacuate 10,000 orphans from Darfur. Its website stated the 

charity wanted to place Darfuri children under five in foster care with French families. 

The French Foreign Ministry issued a warning about the group in August 2007, stating there 

was no guarantee that the children involved were orphans without family support, and casting 

doubt on the project’s legality. However, it is thought that up to 300 families in Europe volunteered 

to act as hosts, each handing over several thousand euro in exchange for the opportunity 

to foster a child. On 25 October, six members of the charity, along with three French journalists, 

seven Spanish flight crew and a Belgian national were detained in Abeché, Chad, as they 

attempted to put 103 children on board a charter flight to France. 

All six members of the charity and the three journalists were charged with attempted child 

abduction and fraud, while the others were charged as accomplices. The charity claimed that 

all the children, aged between one and ten, were orphans from Darfur. However, investigations 

by UNICEF and other humanitarian organisations established that few, if any of the children 

were orphans, and most if not all were from the Chadian border region rather than from Darfur 

itself. It also emerged that some of the children were bandaged so as to appear injured. The 

charity insisted it was working in good faith at all times. 

Authorities in France, including PM Fillon, condemned the operation. President Déby of 

Chad accused the group of “trafficking children under cover of humanitarian assistance.” When 

in Chad shortly afterwards, I was informed by the Prime Minister and other interlocutors of 

the seriousness with which the issue was viewed. 

Following discussions in November 2007 between President Sarkozy and President Déby in 

Chad, all of those in custody, with the exception of the six members of the charity, were 

released by Chadian authorities. In December 2007 the six members were sentenced to eight 

years hard labour after a trial in N’Djamena, and also fined $9 million. Under the terms of a 

1976 judicial accord between France and Chad, the members of the charity were transferred 

back to France on 28 December 2007 where they will serve the remainder of their sentence, 

which was confirmed by a French court last week as eight years imprisonment. 

Hunger Task Force. 

150. Deputy Charles Flanagan asked the Minister for Foreign Affairs the task and membership 

of the hunger task force; and if he will make a statement on the matter. [3807/08] 

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): The establishment 

of a Hunger Task Force was one of the recommendations of the White Paper on Irish 

Aid published in September 2006. The aim of the Hunger Task Force is to identify the 

additional, appropriate and effective contributions that Ireland can make to international 

efforts to reduce hunger. 

The first meeting of the Hunger Task Force took place in Dublin on 14 September 2007 and 

the second in University College Cork on 16 November 2007. The next meeting will include a 

field visit to Malawi and will take place from the 27 to 29 February 2008 in Lilongwe. 

The Hunger Task Force will issue its report around the middle of 2008. The report will 

outline a number of key actions which Ireland can take to give practical leadership internationally 

on the attainment of the Millennium Development Goal of halving the proportion 

of those who suffer from hunger by 2015. 

532


Members of the Hunger Task Force include a number of renowned national and international 

experts in the field of food security and development. A list of their names is set 

out below. 

Mr Joe Walsh, Chairman 

Ms Nancy Aburi 

Dr Pamela K. Anderson, International Potato Centre 

Mr Tom Arnold, Concern Worldwide 

Bono (Paul David Hewson) 

Mr Kevin Farrell, World Food Programme, Zimbabwe 

Professor Michael Gibney, UCD 

Professor Lawrence Haddad, UK Institute of Development Studies 

Mr Justin Kilcullen, Trócaire 

Professor Denis Lucey, UCC 

Mr Aidan O’Driscoll, Department of Agriculture 

Professor Jeffrey D. Sachs, Columbia University 

Ms Josette Sheeran, World Food Programme 

Ms Sheila Sisulu, World Food Programme 




153. Deputy Charles Flanagan asked the Minister for Foreign Affairs the amount of aid 

granted to Uganda in 2006 and 2007; the way this was spent; the way this expenditure is verified; 


Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): Ireland 

provides development assistance to Uganda directly and also through NGOs, missionaries and 

other international partner organisations. 

In 2006 Ireland provided over \32 million in direct assistance. Additional funding of over 

\9.5 million was made available through other organisations including the World Food Programme 

(WFP), UNICEF, UNHCR, Oxfam, World Vision and Irish NGOs such as Concern, 

Christian Aid, Goal, and Trócaire. A detailed breakdown of these figures is available in the 

Irish Aid 2006 Annual Report. I have arranged for a copy of the report to be sent to the 

Deputy. 

In 2007, direct assistance amounted to over \34 million, and indirect assistance to some \8.7 

million. The final figures are being prepared and a comprehensive breakdown of the figures 

for 2007 will be included in the 2007 Annual Report. 

Ireland’s development aid programme in Uganda is aligned with the Government of 

Uganda’s national poverty reduction plan. It focuses on those areas which will have the greatest 

impact on the poorest and most vulnerable members of the community, such as education, 

533



health, HIV/AIDs and good governance. Irish Aid assistance has contributed to the considerable 

progress that has been made in these areas. 

For instance, in education, by 2006 the net enrolment rate at primary level had reached over 

91%, increasing from 85% in 2002. With Ireland’s assistance the provision of Anti Retro Virals 

(ARVs) for the treatment of HIV/AIDS was established in over 200 accredited health facilities 

during 2006 and over 2000 health workers were trained in comprehensive HIV care. By 2006, 

the governance sector was strengthened by the introduction of accountability and anti-corruption 

measures such as the rollout of public expenditure reform initiatives and the enhanced 

capacity of the Office of the Auditor General. 

Support channelled through the Poverty Action Fund facilitated the provision of services at 

local level in key social sectors such as water, sanitation and agriculture. 

The Irish Aid programme has in place monitoring and auditing frameworks to ensure that 

our assistance is effective and that it is implemented for the benefit of those for whom it 

is intended. 

The rigorous accounting and audit controls help to ensure a transparent, effective and high 

quality programme. Programmes are audited and evaluated by independent audit firms, by Irish 

Aid’s Evaluation and Audit Unit and by the independent Audit Committee of the Department. 

Programmes are also evaluated to ensure that funds are used for the purposes intended, in 

particular in respect of outcomes and value for money. 



United Nations Reform. 

156. Deputy Jack Wall asked the Minister for Foreign Affairs the position pertaining to 

ongoing debate on the reform of the United Nations. [3695/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): The UN World Summit held in 

September 2005 agreed a package of UN reforms which, while not as complete as might have 

been hoped, represented an important advance. I was honoured to have contributed to the 

Summit Outcome in my role as one of the five Envoys appointed by former Secretary-General 

Annan to support his recommendations for change aimed at enhancing the effectiveness of 

the UN. 

Key issues addressed since the Summit have included the establishment of the Human Rights 

Council and the Peacebuilding Commission, both of which were priorities for Ireland. Discussions 

are ongoing on the important issues of management reform and reform of the Security 

Council. Together with its partners in the EU, Ireland has actively supported the continuing 

efforts to bring about improvements in the management of the UN, aimed at making the 

Organisation and its Secretariat more responsive and effective in fulfilling its purposes and in 

meeting the needs of the international community. However, despite progress in a number of 

areas, there remains much more to be done. 

As regards reform of the Security Council, Ireland’s view is that a more representative, 

efficient and transparent Security Council is an essential aspect of reforming the UN to meet 

the many global challenges which we face. We welcome and support the current efforts of the 

President of the General Assembly to reinvigorate the debate and we look forward to partici- 

534


pating actively in future discussions of the issue. At the same time, the difficulty of achieving 

agreement is very apparent. 

Discussion of the reform of the UN development architecture is centred on the recommendations 

of the UN High Level Panel on System-wide Coherence, a group appointed by the 

UN Secretary General Kofi Annan in February, 2006, and composed of figures such as the EU 

Development Commissioner Louis Michel, the then British Chancellor Gordon Brown, and 

the Prime Ministers of Pakistan, Mozambique and Norway. 

The Panel report makes a series of recommendations designed to improve the UN’s internal 

coherence and ability to deliver development assistance. They centre on the development of a 

unified UN presence at country level, with one leader, one budget, a single programme agreed 

with the host Government, and, where appropriate, one office. This process is described as 

Delivering as One. The report also recommended the upgrading of the UN Environment Programme 

(UNEP) to become the authoritative environment pillar of the UN, and the establishment 

of a single UN entity to address gender equality and women’s empowerment. 

Since the publication of the Panel report in late 2006, pilot programmes have been established 

in eight countries, including in three Irish Aid priority countries Vietnam, Tanzania and 

Mozambique. Irish Embassies in these countries actively participate in the implementation and 

oversight of the reform process at local level. 

In recognition of Ireland’s pro-active role in relation to UN reform, the Irish Permanent 

Representative to the United Nations in New York, Ambassador Paul Kavanagh, was recently 

appointed by the President of the UN General Assembly to co-chair, with his Tanzanian colleague, 

the process of consideration and implementation of the Panel recommendations within 

the General Assembly. His mandate will run until September 2008. 



158. Deputy Barry Andrews asked the Taoiseach the discussions that took place in South 

Africa with Mr. Thabo Mbeki on the issue of Zimbabwe. [3983/08] 

The Taoiseach: I visited South Africa between from 13 to 15 January, 2008 accompanied by 

the Minister for Enterprise, Trade and Employment, Micheál Martin T.D., and the Minister of 

State for Overseas Development, Michael Kitt T.D. While in Pretoria, I met with President 

Thabo Mbeki and the Deputy President, Mrs. Mlambo-Ngucka. 

President Mbeki and I noted the positive bilateral relations between our two countries and 

discussed a range of political and trade and development issues. 

President Mbeki briefed me on the current political situation in Zimbabwe, the prospects for 

successful elections there and his role as SADC mediator. We both expressed the wish for a 

peaceful solution to the crises facing Zimbabwe and for policy change which would ensure full 

respect for the human rights and dignity of its people. 

I emphasised that Ireland and its EU partners are gravely concerned at the ongoing deterioration 

of the situation in Zimbabwe. The hardships and deprivation being experienced by ordinary 

Zimbabweans give added urgency to the effort being made by the Southern African 

Development Community to mediate between the parties; particularly in relation to ensuring 

free, fair and transparent elections in 2008. 

Ireland’s policy is clear; we wish to see a change in policies in Zimbabwe to tackle the 

suffering of the people there and ensure full respect for their rights and dignity. 

535


[The Taoiseach.] 

I referred to the impending deployment of some 400 members of the Irish Army with the 

UN mandated EU military mission in Chad, and the fact that an Irishman, Lieutenant General 

Pat Nash, will lead that mission. I also expressed my personal appreciation to President Mbeki 

and the people of South Africa for their sensitive support for the peace process in Northern 

Ireland. 

Disabled Drivers. 

159. Deputy Arthur Morgan asked the Tánaiste and Minister for Finance the criteria for 

obtaining a primary medical certificate; if he will amend the criteria for primary medical certificates; 

the elements of the certificate he will amend; when they will take effect; if he has satisfied 

himself that all applicants are being treated equally and fairly in terms of assessment; and if he 

will make a statement on the matter. [3910/08] 

Tánaiste and Minister for Finance (Deputy Brian Cowen): The Disabled Drivers and Disabled 

Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to certain 

limit) on the purchase of a car adapted for the transport of a person with specific severe and 

permanent physical disabilities, to those who meet certain disability criteria. 

The disability criteria for eligibility for the tax concessions under this scheme are set out in 

the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get the 

Primary Medical Certificate, an applicant must be severely and permanently disabled and 

satisfy one of the following conditions: 

(a) be wholly or almost wholly without the use of both legs; 

(b) be wholly without the use of one leg and almost wholly without the use of the other leg 

such that the applicant is severely restricted as to movement of the lower limbs; 

(c) be without both hands or without both arms; 

(d) be without one or both legs; 

(e) be wholly or almost wholly without the use of both hands or arms and wholly or almost 

wholly without the use of one leg; 

(f) have the medical condition of dwarfism and have serious difficulties of movement of the 

lower limbs. 

As the Deputy will be aware, there was an interdepartmental review of the Scheme. However, 

given the scale and the scope of the scheme, any possible changes can only be made after 

careful consideration and with regard to the existing and prospective cost of the scheme and 

the available resources. 

The Senior Medical Officer (SMO) for the relevant local Health Service Executive administrative 

area makes a professional clinical determination as to whether an individual applicant 

satisfies the medical criteria. An unsuccessful applicant can appeal the decision of the SMO to 

the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown 

Avenue, Dun Laoghaire, Co. Dublin which makes a new clinical determination in respect of 

the individual. I would point out that the Medical Board of Appeal is independent in the 

exercise of its functions. 

536


Motor Taxation. 

160. Deputy Mattie McGrath asked the Tánaiste and Minister for Finance the reason the 

new VRT rate applicable to new and used imported cars registered on or after 1 July 2008 

could not have been introduced from 1 January 2008; and if he will make a statement on the 

matter. [3978/08] 

Tánaiste and Minister for Finance (Deputy Brian Cowen): On 6 December 2006, as part of 

Budget 2007, I announced that it was planned to introduce changes to the VRT system to take 

greater account of environmental issues, and in particular Carbon Dioxide (CO 2 ) emissions. 

The Programme for Government of June 2007 re-affirmed the commitment to introduce 

measures to further weight VRT in favour of cars with lower emissions. 

A public consultation process was carried out by my Department. The consultation process 

evidenced broad support for a reorientation and rebalancing of VRT. I announced in my 

Budget Statement on 5 December 2007, my plans to introduce a revised VRT system, based 

on CO 2 emissions from mid 2008. 

Changing the VRT system to make it take greater account of CO 2 emissions levels is a 

significant change. It is therefore desirable that members of the public be given reasonable 

notice of any changes being introduced. In addition, the motor industry indicated that it needed 

at least six months prior notice of any substantial change being made to the system, in the light 

of the advance ordering arrangements for new cars in the industry. Furthermore, the Revenue 

Commissioners’ technical and administrative processes required amendment in order to facilitate 

the revised VRT system. 

Having examined the matter, it was considered therefore, as I announced in reply to 

Parliamentary Questions 148 to 150 on 3 October 2007, that any proposed VRT changes should 

be effective from around mid-2008. 

Departmental Offices. 

161. Deputy John O’Mahony asked the Tánaiste and Minister for Finance the progress made 

in respect of the acquisition of a site for the offices of his Department in Charlestown, County 

Mayo; and if he will make a statement on the matter. [4033/08] 

Minister of State at the Department of Finance (Deputy Noel Ahern): I am informed that a 

number of sites in Charlestown, Co. Mayo have been assessed as potential locations for the 

new Headquarters of the Department of Community, Rural and Gaeltacht Affairs. 

Negotiations are now at an advanced stage. When these negotiations are completed the 

preferred site will be acquired. 

Tax Code. 

162. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Finance if payments 

in relation to dyslexia treatment or instruction qualify for tax rebate; if not the reason for same; 


Tánaiste and Minister for Finance (Deputy Brian Cowen): There is no provision in tax law 

to allow relief for expenses relating specifically to dyslexia treatment or instruction. However, 

Section 469 of the Taxes Consolidation Act 1997 provides for tax relief under the heading of 

“health expenses” in respect of expenses representing the cost of: 

(i) an educational psychological assessment carried out by an educational psychologist; or 

537

[Deputy Brian Cowen.] 


(ii) speech and language therapy carried out by a speech and language therapist. 

For the purposes of this tax relief, an “educational psychologist” means a person who is entered 

on a register maintained by the Minister for Education and Science, in accordance with guidelines 

set down by that Minister with my consent; and a “speech and language therapist” means 

a person approved of by the Minister for Health and Children, in accordance with guidelines 

set down by that Minister with my consent. 

Consultancy Charges. 

163. Deputy Enda Kenny asked the Tánaiste and Minister for Finance the stockbroking firms 

engaged by his Department or by the agencies under his aegis during the years 1992, 1993 and 

1994; the fees or charges paid in each case; and if he will make a statement on the matter. 

[3981/08] 

Tánaiste and Minister for Finance (Deputy Brian Cowen): In the time available it has not 

possible to search through all of the available material for the period in question. My officials 

are currently completing the process and as soon as this has been completed I will forward any 

relevant data directly to the Deputy. 

Tax Code. 

164. Deputy Róisín Shortall asked the Tánaiste and Minister for Finance further to 

Parliamentary Question No. 218 of 30 January 2008, if he will clarify if a person is liable for 

inheritance tax on a family home, if the home in question was originally passed down from 

father to son, and thereafter passed onto another sibling; and if the total value of all inheritance 

and gifts received over a period of time is calculated together. [4008/08] 

Tánaiste and Minister for Finance (Deputy Brian Cowen): For the purposes of both Gift and 

Inheritance Tax, the relationship between the person who provided the gift or inheritance and 

the person who received the gift or inheritance determines the maximum tax-free threshold — 

known as the “Group threshold” below which gift or inheritance tax does not arise. The details 

of these thresholds were set out in my earlier response. 

When calculating whether a beneficiary has received benefits in excess of his or her Group 

tax-free threshold, any other gifts and inheritances received by that beneficiary since 5 

December 1991 from within the same Group are also taken into account. If the total value of 

all gifts and inheritances received since this date is above the relevant Group threshold, then 

a 20% rate of gift/inheritance tax applies on the excess over the threshold figure. 

Therefore, when the family home was passed down from father to son, the son would not 

be liable to Inheritance Tax on the inheritance he received from his father if the market value 

of the family home, when added to the value of any other assets inherited from his father or 

gifts received from him, were below the Group A tax-free threshold for the year in question 

in which the son received the inheritance. 

If, subsequently, the home was then passed on by the son to one of his siblings by way of 

inheritance or gift, the sibling would be entitled to the Group B tax-free threshold, which 

applies to gifts and inheritances between siblings, in respect of that separate inheritance 

received by the sibling. 

The inheritance taken by the son from his father and the inheritance later taken by the 

sibling from their brother are two separate inheritances and are taxed separately, with each 

538


beneficiary being entitled to their own Group tax-free threshold depending on their relationship 

to the individual disponer from whom they are receiving their inheritance. 

Apart from the tax-free Group thresholds available to a beneficiary, the Capital Acquisitions 

Tax code exempts certain gifts and inheritances completely from tax and also contains relieving 

provisions. As it appears that the Deputy has a specific case in mind, she may wish to contact 

the Revenue Commissioners who will be in a position to advise on the tax implications. 

Departmental Staff. 

165. Deputy Denis Naughten asked the Tánaiste and Minister for Finance his plans to relocate 

staff from the Revenue Commissioners to Roscommon Town; the number of staff to be 

relocated and the timetable involved; and if he will make a statement on the matter. [4031/08] 

Tánaiste and Minister for Finance (Deputy Brian Cowen): I am advised by the Revenue 

Commissioners that a decision was taken to relocate an Audit/Compliance Unit from Athlone 

to Roscommon town. In September 2007, nine (9) staff members were assigned to Roscommon 

town in addition to the three (3) Revenue staff who were already located in Roscommon town. 

All twelve (12) staff are now in situ and there are no plans at present to relocate any further 

staff from Revenue to Roscommon town. 

Child Care Facilities. 

166. Deputy Denis Naughten asked the Tánaiste and Minister for Finance the plans he has 

to amend the valuation legislation to exempt creches from significant rates bills; and if he will 


Tánaiste and Minister for Finance (Deputy Brian Cowen): The Valuation Act, 2001 which 

came into effect on 2 May 2002 provides that all buildings used or developed for any purpose 

including constructions affixed thereto are rateable. In regard to the Valuation Act, 2001, I 

should point out that the Commissioner of Valuation is independent in the exercise of his 

duties under the Act, and that I, as Tánaiste and Minister for Finance, have no function in 

decisions in this regard. 

The basic premise under the Act is that all interests (including buildings) are rateable unless 

expressly exempted under schedule 4. Schedule 4 of the Valuation Act 2001 outlines the categories 

of property and the various uses that are deemed to be non rateable under the Act. 

Paragraphs 10 (education) and 16 (charitable purposes) are two areas in that schedule which 

may be relevant to the rateability of child care facilities. Accordingly, purpose-built childcare 

buildings designed and used to make profit are rateable as commercial buildings. Houses which 

have been adapted for commercial use in a dedicated area (i.e. converted garage for exclusive 

use as childcare) are rateable, for that specific area. 

The Valuation Act, 2001 maintains the long-standing position that commercial facilities — 

including all private childcare facilities such as play schools, pre-schools, crèches and Montessori 

schools — are liable for rates. It was not intended that the Valuation Act 2001 would 

expand or contract the valuation base. 

The rateable valuation of commercial property is based on net annual value (NAV) i.e. the 

rental value of the property. Any individual ratepayer who has concerns about the valuation 

of their property or of any part thereof, including its rateability or the method of calculation 

may, on payment of a statutory fee of \250, apply to the Valuation Office for a revision of the 

valuation. If dissatisfied with the outcome, they may appeal to the Commissioner of Valuation 

539



in the first instance and subsequently to the independent Valuation Tribunal. There is also a 

further right of appeal to the High Court and ultimately to the Supreme Court on a point of law. 

Airport Customs Controls. 

167. Deputy Joan Burton asked the Tánaiste and Minister for Finance if he will list the 

private airports here and if all such airports are fully licensed and subject to full inspection by 

customs; the number of customs checks that have been carried out at each airport for each of 

the past three years to date; if there have been discoveries of drugs or contraband such as 

cigarettes at any of these airports; if so, the number of same and the quantities; the number of 

flights at each of these airports that originated from within the EU, the number from outside 

the EU and their destinations over this three year period; and if he will make a statement on 


Tánaiste and Minister for Finance (Deputy Brian Cowen): It is taken that the Deputy is 

referring to aerodromes licensed by the Irish Aviation Authority (IAA). 

I am informed by the Revenue Commissioners that there are 15 aerodromes licensed by the 

IAA for private use in the State. There are 11 other aerodromes licensed by the IAA for public 

use excluding Dublin, Cork and Shannon airports. In general, a licence for private use is 

required if flying tuition is undertaken and a licence for public use is required for public transport 

operations. In the context of the question it is assumed that the Deputy is also enquiring 

about these 11 public aerodromes. 

The following table lists these aerodromes. All are subject to inspection by Customs. The 

number of visits carried out by Customs to each of these aerodromes in each of the last three 

years and the number, description and quantities of drugs seized are shown in the table. All 

drug seizures were small “own use” quantities. There were no supply quantities seized. Details 

of the quantities of cigarettes and other goods seized are also included in the table. 

540


Details of Aerodromes, Customs visits, and of Drug, Cigarette and Other Seizures 

Aerodrome Licensed by Subject to Customs visits Drug Seizures (No./quantity/type) Cigarette Seizures (No. & quantity) Seizures Other 

IAA Customs 

Inspection 

2005 2006 2007 2005 2006 2007 2005 2006 2007 2005 2006 2007 

Public Knock Yes Yes 67 78 102 1 8 8 10 20 69 0 18 Lts. 30.45 

(17 Ecstasy (0.05 Kg (0.028 Kg (64,380 Cig. (200,680 (147,380 Alcohol Lts. 

tab.) Cannabis) Cannabis) 2.45 Kg Cig) Cig, 1.9 Alcohol. 

Tobacco) Kg 7 Firearms. 

Tobacco) 4 Offensive 

Weapons 

Public Galway Yes Yes 10 12 43 0 0 1 1 0 0 0 0 0 

(0.003 Kg (800 Cig, 

Cannabis) 0.25 Kg 

Tobacco) 

Public Farranfore Yes Yes 59 79 96 0 0 0 7 1 6 0 0 0 

(13,670 Cig) (1,760 Cig) (23,200 Cig) 

Public Waterford Yes Yes 35 20 112 2 2 2 0 0 0 0 0 0 

(0.005 Kg (0.07 Kg (0.022 Kg 

Cannabis. Cannabis) Cannabis. 

0.0015 0.001 Kg 

Kg Cocaine) 

Amphetamine) 

Public Weston Yes Yes 16 17 18 0 0 0 0 0 0 0 0 0 

Public Donegal Yes Yes 9 8 10 0 0 0 0 0 0 0 0 0 

Public Sligo Yes Yes 8 10 19 0 0 0 0 0 0 0 0 0 

Public Connemara Yes Yes 2 2 4 0 0 0 0 0 0 0 0 0 

Public Aran Islands (3) * Yes Yes 0 0 0 0 0 0 0 0 0 0 0 0 

Private Abbeyshrule Yes Yes 3 3 6 0 0 0 0 0 0 0 0 0 

Private Bantry Yes Yes 10 10 8 0 0 0 0 0 0 0 0 0 

Private Belmullet Yes Yes 1 2 5 0 0 0 0 0 0 0 0 0 

Private Birr Yes Yes 2 2 4 0 0 0 0 0 0 0 0 0 

Private Clonbullogue Yes Yes 2 2 4 0 0 0 0 0 0 0 0 0 

Private Coonagh Yes Yes 4 3 4 0 0 0 0 0 0 0 0 0 

Private Erinagh (Co Tipperary) Yes Yes 0 0 0 0 0 0 0 0 0 0 0 0 

Private Hacketstown Yes Yes 2 2 2 0 0 0 0 0 0 0 0 0 

Private Kilkenny Yes Yes 2 2 2 0 0 0 0 0 0 0 0 0 

Private Kilrush (Co. Kildare) Yes Yes 0 0 0 0 0 0 0 0 0 0 0 0 

Private Moyne Yes Yes 0 0 0 0 0 0 0 0 0 0 0 0 

Private Newcastle (Co. Yes Yes 0 1 1 0 0 0 0 0 0 0 0 0 

Wicklow) 

Private Rathcoole (Co. Cork) Yes Yes 4 4 4 0 0 0 0 0 0 0 0 0 

Private Trim Yes Yes 0 1 1 0 0 0 0 0 0 0 0 0 

Private Trevet, Co. Meath Yes Yes 0 0 0 0 0 0 0 0 0 0 0 0 

*Aran Islands comprise 3 Aerodromes and deal with internal flights only 

541



Customs have initiated a confidential reporting regime under the Drugswatch programme 

whereby aerodrome operators and other relevant parties can report suspicious activity. Under 

this programme Customs also offer advice regarding minimising the risk of the facilities being 

used by persons for the purpose of smuggling. 

In relation to the number of flights arriving from EU and non-EU destinations, while the 

Customs control regime involves the monitoring all such arrivals, the definitive source of this 

information is the licensing authority, the IAA. 

In relation to the Customs control regime in place at such aerodromes, the Revenue Commissioners 

advise me that this is risk-based and is carried out by mobile Customs Enforcement 

Officers. Attendance by these Officers is selective, targeted and predominantly unannounced 

and is based on analysis and evaluation of national and international seizure trends, traffic 

frequency, routes and other risk indicators. Attendance can also be as a result of specific 

intelligence. Flights with origins and destinations with a high risk rating would attract particular 

interest. These attendances cover the full range of flight times and are kept under constant 

review in particular to take account of emerging smuggling trends and any traffic increases at 

these aerodromes/airports. 

It is important to note by way of context that the operating environment for Customs has 

been shaped to a significant degree by the introduction of the Internal Market and the related 

principles of freedom of movement within the EU. Of specific relevance are the abolition of 

routine and systematic Customs checks on goods and passengers moving within any part of the 

EU and the elimination of Customs controls on the baggage of intra-Community passengers 

other than for anti-smuggling checks. In fact some of the smaller aerodromes have no international 

flights. Revenue’s approach has of necessity been to balance the freedom of movement 

principle in regard to people and goods with the need to control smuggling and enforce prohibitions 

and restrictions. 

Revenue is satisfied that having regard to the context set out above, the risk based approach 

at these airports remains valid and their operations are on par with, and may even exceed, 

those of many other EU Member States. 

Pharmacy Services. 

168. Deputy Jan O’Sullivan asked the Minister for Health and Children if she will intervene 

with the Health Service Executive to stop them from introducing changes to the contract for 

payment to pharmacists in advance of the development of a new contract by her Department 

in consultation through an independent body; and if she will make a statement on the 

matter. [4348/08] 

175. Deputy Willie Penrose asked the Minister for Health and Children the steps she and 

the chief executive officer of the Health Service Executive are taking to ensure that a resolution 

of the dispute between the HSE and the Irish Pharmaceutical Union, is brought forward without 

further delay; her views in this context, on the appointment of an arbitrator in order that 

all the issues can be ventilated within an independent framework; and if she will make a statement 


182. Deputy Pat Breen asked the Minister for Health and Children further to Parliamentary 

Question No. 182 of 31 October 2007, the position regarding the pharmacists dispute with the 

542


Health Service Executive; if progress has been made on this matter; and if she will make a 


Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 

168, 175 and 182 together. 

At a meeting between the Health Service Executive (HSE) and the Irish Pharmaceutical 

Union (IPU) under Mr Bill Shipsey SC on 5 December 2007, a process was proposed to the 

IPU to (i) address their immediate concerns regarding the alleged impact of the proposed 

revised wholesaler arrangements on GMS-dependent pharmacies and (ii) to provide a basis 

upon which discussions on a new substantive contract could commence. The IPU was not 

prepared to accept this proposal from the HSE and, accordingly, no further discussions have 

taken place under Mr Shipsey’s auspices since then. Notwithstanding the failure to reach agreement, 

the HSE has offered a draft interim contract to pharmacists to address their main concerns 

regarding the alleged impact of the proposed revised wholesaler arrangements on GMSdependent 

pharmacies. I am informed that the HSE intends to implement the deferred revised 

wholesaler arrangements from 1st March 2008. The Executive also recently commenced discussions 

with the IPU and other parties on the development of a new substantive pharmacy 

contract. The details of the draft interim contract, and the HSE’s other intentions in this regard, 

were set out in a letter to individual community pharmacists on 2nd January 2008. 

In the light of the legal position previously outlined in the House, and after further consultation 

with the Attorney General, the other relevant Departments and the HSE on the best 

way of progressing the development of a new contract with pharmacists in compliance with 

competition law, my Department is working to develop appropriate arrangements for the 

development of contracts and for the setting of the fees payable in respect of contracts with 

private sector undertakings for the provision of health services on behalf of the HSE. These 

arrangements may include the establishment of an independent body which would consider the 

nature of the service to be provided and all other relevant factors in each case and make 

recommendations to the Government in relation to the fees it considers appropriate. The composition 

of such a body, its terms of reference and the timescale for its work are amongst the 

matters to be considered in this regard. In line with the legal advice received, the HSE may 

enter into discussions with community pharmacists on the non-fee aspects of their contract, 

with a view to developing a new substantive pharmacy contract. 

Health Services. 

169. Deputy Mary Upton asked the Minister for Health and Children if routine testing for 

vitamin B deficiency is carried out as a diagnostic procedure in psychiatric hospitals; and if she 


Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The 

Deputy’s question relates to the management and delivery of health and personal social services 

which are the responsibility of the Health Service Executive under the Health Act 2004. 

Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive 

to arrange to have this matter investigated and to have a reply issued directly to the 

Deputy. 

Health Service Staff. 

170. Deputy Joe Carey asked the Minister for Health and Children the number of clinical 

staff who have been recruited during 2006 and 2007 to develop the primary care teams for 

County Clare; when she envisages the service having the full complement of clinical staff as 

543

[Deputy Joe Carey.] 


presented in the programme of transformation towards primary care; and if she will make a 


Minister for Health and Children (Deputy Mary Harney): The Primary Care Strategy aims 

to develop services in the community to give people direct access to integrated multi-disciplinary 

teams of general practitioners, nurses, home helps, physiotherapists, occupational 

therapists and others. 

It has been estimated that up to 95% of people’s health and social services needs can be 

properly met within a primary care setting and the establishment of new Primary Care Teams 

can contribute greatly to enhancing community based health services. 

The HSE received additional funding of \32m in 2006 and 2007 for the establishment of 

some 200 primary care teams involving 600 front line professionals (300 per year). A further 

\8m is being provided in 2008 to cover the full year costs of the 2007 phase. 

The Government has committed under the Towards 2016 agreement to the establishment of 

300 Primary Care Teams by 2008; 400 by 2009 and 500 by 2011. A review of these targets is 

due to be undertaken in 2008. 

As the Health Service Executive has the operational and funding responsibility for Primary 

Care services, it is the appropriate body to consider the particular matters raised by the Deputy. 

My Department has requested the Parliamentary Affairs Division of the Executive to arrange 

to have these matters investigated and to have a reply issued directly to the Deputy. 

Hospital Services. 

171. Deputy Niall Blaney asked the Minister for Health and Children if she will approve the 

necessary funding required to allow Letterkenny General Hospital, County Donegal, to expand 

their existing new renal dialysis facility to furnish four extra stations and revenue costs to staff 

it; and if she will make a statement on the matter. [3936/08] 

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the 

management and delivery of health and personal social services is a matter for the Health 

Service Executive and funding for all health services has been provided as part of its overall 

Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised 

by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive 

to arrange to have the matter investigated and to have a reply issued directly to the Deputy. 

Hospital Staff. 

172. Deputy Olwyn Enright asked the Minister for Health and Children the number of staff 

employed at the Midlands Regional Hospital, Tullamore including porters, cleaners, catering 

staff, nurses, doctors, care attendants, laboratory staff, and any other staff in the hospital 

excluding administrative staff. [3939/08] 

173. Deputy Olwyn Enright asked the Minister for Health and Children the number of staff 

employed at the Midlands Regional Hospital, Portlaoise including porters, cleaners, catering 

staff, nurses, doctors, care attendants, laboratory staff, and any other staff in the hospital 

excluding administrative staff. [3940/08] 



544


Operational responsibility for the management and delivery of health and personal social 

services was assigned to the Health Service Executive under the Health Act 2004 and funding 

for all health services has been provided as part of its overall vote. Therefore, the Executive is 

the appropriate body to consider the particular issues raised by the Deputy. My Department 

has requested the Parliamentary Affairs Division of the Executive to arrange to have the 

matters investigated and to have a reply issued directly to the Deputy. 

Foster Care. 

174. Deputy Michael Ring asked the Minister for Health and Children the training in place 

for foster care parents here and for foster parents caring for children with difficulties or special 

needs. [3951/08] 

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The 

Deputy’s question relates to the management and delivery of health and social services, which 

are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, 

my Department has requested the Parliamentary Affairs Division of the Executive to arrange 

to have the matter investigated and to have a reply issued directly to the Deputy. 


Nursing Homes Repayment Scheme. 

176. Deputy Finian McGrath asked the Minister for Health and Children if persons (details 

supplied) in Dublin 3 will be assisted. [3973/08] 

Minister for Health and Children (Deputy Mary Harney): The Health (Repayment Scheme) 

Act 2006 provides a clear legal framework to repay recoverable health charges for publicly 

funded long term residential care. These recoverable health charges are charges which were 

imposed on persons with full eligibility under the Health (Charges for In-Patient Services) 

Regulations 1976 as amended in 1987 or charges for in-patient services only, raised under the 

Institutional Assistance Regulations 1954 as amended in 1965. No charges other than those 

outlined above are repayable under the scheme. 

The Health (Repayment Scheme) Act 2006 also provides for an independent appeals process 

to allow applicants to appeal the decision of the Scheme Administrator. Any applicant who 

wishes to appeal should do so in the specified format. 

Hospital Accommodation. 

177. Deputy Brian Hayes asked the Minister for Health and Children the number of acute 

beds available and in use in each Dublin hospital in 2007; and if she will make a statement on 



management and delivery of health and personal social services was assigned to the Health 

Service Executive under the Health Act 2004 and funding for all health services has been 

provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider 

the particular issues raised by the Deputy. My Department has requested the Parliamentary 

Affairs Division of the Executive to arrange to have the matters investigated and to have a 

reply issued directly to the Deputy. 

545



178. Deputy Brian Hayes asked the Minister for Health and Children the number of general 

practitioners based in each of the Dublin postcode areas; and if she will make a statement on 


Minister for Health and Children (Deputy Mary Harney): General Practitioners (GPs) are 

self employed and my Department does not collect official statistics on the number of such 

doctors in practice. Many GPs hold a General Medical Services (GMS) contract with the Health 

Service Executive (HSE). Therefore, my Department has requested the Parliamentary Affairs 

Division of the Executive to arrange to examine this matter and to provide the information 

which it has available directly to the Deputy. 

Departmental Funding. 

179. Deputy Jack Wall asked the Minister for Health and Children the contacts her Department 

has in the past or are in at present in relation to parent based support groups against 

drug or illicit substance misuse; if her Department has provided funding to such groups; the 

total funding provided; and if she will make a statement on the matter. [3994/08] 

Minister for Health and Children (Deputy Mary Harney): The question relates to the management 

and delivery of health and personal social services, which are the responsibility of the 

Health Service Executive under the Health Act 2004. Accordingly, my Department has 

requested the Parliamentary Affairs Division of the Executive to arrange to have the specific 

matter investigated and to have a reply issued directly to the Deputy. 


180. Deputy Joe Carey asked the Minister for Health and Children when the adult cystic 

fibrosis consultant will be appointed to Limerick Regional Hospital; and if she will make a 


181. Deputy Joe Carey asked the Minister for Health and Children her plans for the development 

of adult cystic fibrosis facilities at Limerick Regional Hospital; and if she will make a 




There are approximately 1,100 people with cystic fibrosis living in the Republic of Ireland. 

Approximately 45% are adults and 55% are children. The Minister identified the enhancement 

of services to persons with cystic fibrosis as a key priority. Development funding of \4.78m was 

provided in 2006 and a further \2m was provided to the Health Service Executive (HSE) to 

facilitate the recruitment of additional medical, nursing and allied health professional staff to 

improve services. 


to have the position regarding the issues raised investigated and to have a detailed reply issued 

directly to the Deputy. 



183. Deputy John Perry asked the Minister for Health and Children if she will intercede 

546


with the Health Service Executive on behalf of a person (details supplied) in County Sligo; if 

she will have this file reviewed; and if she will make a statement on the matter. [4027/08] 

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The 

Deputy’s question relates to the management and delivery of health and personal services, 

which are the responsibility of the Health Service Executive under the Health Act 2004. 


to arrange to have this matter investigated and to have a reply issued directly to the 

Deputy. 

Hospital Readmissions. 

184. Deputy Dan Neville asked the Minister for Health and Children the number of patients 

who were readmitted to hospital within one week of discharge in 2007. [4037/08] 

185. Deputy Dan Neville asked the Minister for Health and Children the number of patients 

who were readmitted to hospital within one week of discharge in 2006. [4038/08] 




services was assigned to the Health Service Executive under the Health Act 2004 and funding 

for all health services has been provided as part of its overall vote. Therefore, the Executive is 

the appropriate body to consider the particular issues raised by the Deputy. My Department 


matters investigated and to have a reply issued directly to the Deputy. 


186. Deputy Jan O’Sullivan asked the Minister for Health and Children when agreement 

will be reached between the Heath Service Executive and chiropodists to ensure that chiropodists 

and podiatrists can continue to provide a service to public patients; and if she will make 


209. Deputy Billy Timmins asked the Minister for Health and Children the position in 

relation to a situation (details supplied); and if she will make a statement on the matter. 

[4121/08] 



There is no statutory obligation on the Health Service Executive (HSE) to provide chiropody 

services to GMS patients; however in practice arrangements have been made in several regions 

to provide these services. Before the establishment of the HSE the nature of any arrangements 

for community chiropody services and the level of service provided were a matter for individual 

health boards and so a degree of variation in practice developed over time. I understand that 

priority is usually given to certain groups of people, including people who are medical card 

holders aged 65 years and over. In several regions the service is provided by private chiropodists 

by arrangement with the HSE. 

My Department is currently preparing legislation to clarify and update existing legislation 

on eligibility for health and personal social services. The Bill will define specific health and 

personal services more clearly; define who should be eligible for what services; set out clear 

547

[Deputy Mary Harney.] 


criteria for eligibility; establish when and in what circumstances charges may be made and 

provide for an appeals framework. 

I consider that it is inappropriate for private chiropodists who are providing services on 

behalf of the HSE to charge patients a top-up fee, and I have conveyed this view formally to 

the HSE. My Department requested the HSE to review the fee arrangements in place for the 

provision of chiropody services, with a view to ensuring that such additional fees will no longer 

be levied on persons in receipt of this service. While considerable work has taken place to 

develop arrangements which would ensure that no top-up charges are applied, it is necessary 

to ensure that any such arrangements and the process by which they are arrived at comply with 

the terms of the Competition Act 2002. 

As the Health Service Executive has the operational and funding responsibility for Primary 

Care services, it is the appropriate body to consider the specific matters raised by the Deputies. 


to have these matters investigated and to have replies issued directly to the Deputies. 


187. Deputy Jan O’Sullivan asked the Minister for Health and Children the reason employees 

working the sleep-over system in the Health Service Executive and voluntary organisations in 

the intellectual disability sector are paid an allowance of \42.42 for the hours determined as 

sleep-over which falls well below the national minimum wage and the hourly rate agreed for 

care staff in the HSE and voluntary organisations; and if she will make a statement on the 

matter. [4085/08] 

188. Deputy Jan O’Sullivan asked the Minister for Health and Children the number of persons 

employed by the Health Service Executive and voluntary organisations in the intellectual 

disability sector who work the system known as sleep-over; and if she will make a statement 


Minister of State at the Department of Health and Children (Deputy Jimmy Devins): I 

propose to take Questions Nos. 187 and 188 together. 

The Deputy’s question relates to the management and delivery of health and personal social 

services, which are the responsibility of the Health Service Executive under the Health Act 

2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the 

Executive to arrange to have these matters investigated and to have a reply issued directly to 

the Deputy. 


189. Deputy Jan O’Sullivan asked the Minister for Health and Children the number of babies 

born en route to Dublin hospitals in 2007 (details supplied); and if she will make a statement 



management and delivery of health and personal social services was assigned to the Health 

Service Executive under the Health Act 2004 and funding for all health services has been 

provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider 

the particular issues raised by the Deputy. My Department has requested the Parliamentary 

Affairs Division of the Executive to arrange to have the matters investigated and to have a 

reply issued directly to the Deputy. 

548



190. Deputy Jan O’Sullivan asked the Minister for Health and Children if she will continue 

to fund a group (details supplied) in order that they can continue their counselling and lobbying 

work; and if she will make a statement on the matter. [4088/08] 

Minister for Health and Children (Deputy Mary Harney): Under the Health Act 2004, it is 

a matter for the Health Service Executive (HSE) to determine whether to fund a voluntary 

organisation. The HSE is also responsible for setting the terms and conditions which apply to 

such funding. 


to reply directly to the Deputy regarding funding for the group in question. 


191. Deputy Jan O’Sullivan asked the Minister for Health and Children if she will address 

the hardship caused by the lack of free dental care for medical card patients between the ages 

of 12 and 16; when she expects such care to be provided; and if she will make a statement on 


Minister for Health and Children (Deputy Mary Harney): The statutory position governing 

the eligibility of children to dental treatment is Section 66 of the Health Act, 1970, the Health 

(Amendment) Act 1994 and the Health (Dental Services for Children) Regulations, 2000 (S.I. 

No. 248 of 2000). Responsibility for delivery of health services is a matter for the HSE. 

Children in specific classes in national school, usually second, fourth and sixth class, are 

targeted for preventive measures under the school based approach; the children in these classes 

are screened and referred for treatment as necessary. The programme has been specifically 

designed to ensure that children are dentally fit before they leave national school. The screening 

provided in second, fourth and sixth classes ensures that follow up appointments for examination, 

treatment or orthodontic review are made, as necessary, with the Dental Surgeon in 

the clinic designated for the particular school(s). Children who have attended national school 

retain eligibility to dental treatment up to their 16th birthday. 

Since the 1st May, 2007, the Irish Medicines Board (Miscellaneous Provisions) Act, 2006, 

(Commencement) Order 2007 (S.I. No. 194 of 2007) has extended the provision of dental 

services to children attending any primary school. 


192. Deputy James Reilly asked the Minister for Health and Children the category of staff 

to be recruited with regard to the 34.5 WTE infection control staff that have to be recruited 

out of the 52 infection control staff announced in 2006; when this recruitment process will be 

completed; and if she will make a statement on the matter. [4096/08] 

Minister for Health and Children (Deputy Mary Harney): During the latter half of 2006, 52 

posts were approved by the Health Service Executive to enhance infection control in the country’s 

hospitals. These posts included Senior Pharmacists, Senior Infection Control Nurses and 

Surveillance Scientists. The recruitment process was initiated in September 2006 and to date a 

total of 34.5 WTE (whole-time equivalent) positions have been filled. 


services was assigned to the HSE under the Health Act 2004 and funding for all health services 

has been provided as part of its overall Vote. Subject to overall parameters set by Government, 

549



the HSE has the responsibility for determining the composition of its staffing complement. 

Therefore, the Executive is the appropriate body to consider the particular issue raised by the 

Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to 

have the matter investigated and to have a reply issued directly to the Deputy. 

Proposed Legislation. 

193. Deputy James Reilly asked the Minister for Health and Children the engagement that 

has taken place with relevant stakeholders to date with regard to the fair deal scheme; the 

further engagement she plans to have with stakeholders following the publication of the Bill; 

the mechanism that will be in place to address stakeholders’ concerns; and if she will make a 


Minister of State at the Department of Health and Children (Deputy Máire Hoctor): Since 

the announcement of the new nursing home support scheme, A Fair Deal, the Department has 

met with the National Federation of Pensioners’ Associations, the Irish Farmers Association, 

the Irish Senior Citizens Parliament and the Social Partners. The Department also attended 

the Irish Senior Citizens Parliament AGM at its request and participated in a workshop on the 

new scheme. In addition, the Department dealt with queries and representations from interest 

groups, public representatives and members of the public. All of the issues raised, both during 

formal consultation and otherwise, were given careful consideration in drafting the Bill. 

The Bill providing for the scheme is at a very advanced stage and is currently being finalised 

by the Office of the Attorney General. The Minister hopes to publish the Bill as soon as 

possible following Government approval. On publication of the Bill, further engagement will 

take place with stakeholders on the details of the new scheme. This will take place under the 

auspices of Towards 2016. The subsequent presentation and passage of the legislation through 

the Houses of the Oireachtas will be a matter of priority for me and my colleague, the Minister 

of Health and Children, Mary Harney, T.D. 

Hospital Accommodation. 

194. Deputy James Reilly asked the Minister for Health and Children if the fourteen 

additional fast-tracked single-room beds for people with cystic fibrosis will be ring-fenced for 

cystic fibrosis patients only; and if she will make a statement on the matter. [4098/08] 

205. Deputy Charles Flanagan asked the Minister for Health and Children if, in view of the 

risk of cross-infection arising from shared bathroom facilities, the new rooms for cystic fibrosis 

patients in St. Vincent’s Hospital which she has committed to having in place by the summer 

of 2008 will have ensuite bathroom facilities; and if she will make a statement on the 

matter. [4117/08] 

206. Deputy Charles Flanagan asked the Minister for Health and Children if, in view of the 

risk of cross-infection arising from shared bathroom facilities, the rooms for cystic fibrosis 

patients in the proposed 120 bed unit for St. Vincent’s Hospital will have ensuite bathroom 

facilities; and if she will make a statement on the matter. [4118/08] 

207. Deputy Charles Flanagan asked the Minister for Health and Children the number of 

rooms in the proposed new 120 bed unit at St. Vincent’s Hospital that will be allocated to 

patients with cystic fibrosis; and if she will make a statement on the matter. [4119/08] 

550



194 and 205 to 207, inclusive, together. 

The need to improve facilities for persons with cystic fibrosis has been acknowledged. In 

order to alleviate the immediate service difficulties at the National Adult Tertiary Referral 

Centre at St. Vincent’s University Hospital , the Health Service Executive has been working 

intensively with the hospital management in identifying and progressing options for interim 

improvements. 

The HSE advise that it is fast-tracking the re-development of a ward which is adjacent to 

the main cystic fibrosis treatment area. The project is to commence within the next few weeks 

and will provide six single rooms. On completion, additional work will begin to provide a 

further eight single rooms. The HSE has advised that this will result in a total of fourteen single 

rooms for cystic fibrosis patients by the end of the summer. 

In the longer term, a new ward block is to be built and will include 120 replacement beds in 

single en-suite accommodation. The new facility will accommodate cystic fibrosis patients and 

will include appropriate isolation facilities. Planning permission has been obtained, financial 

provision has been included in the HSE Capital Plan and the contract is to be awarded by the 

end of this year. It will be a condition of the contract that the design build period is to be not 

more than 24 months from the date of contract award. 

My Department has asked the HSE to reply directly on the specific operational issues raised 

in the Deputies’ questions. 

Mental Health Services. 

195. Deputy James Reilly asked the Minister for Health and Children when she expects to 

receive the Health Service Executive report on the Irish Psychiatric Association, Lie of the 

Land; and if she will make a statement on the matter. [4099/08] 

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): I have 

sought the views of the Health Service Executive on the Lie of the Land report as a matter of 

urgency, and in particular the disposal of assets since January 2006, when “A Vision for 

Change” was published. 


196. Deputy Charlie O’Connor asked the Minister for Health and Children if she will take 

action to deal with the crisis in the speech and language service in Dublin south west; if her 

attention has been drawn to the fact that the long waiting lists are unacceptable; and if she will 


Minister for Health and Children (Deputy Mary Harney): As part of the Multi-Annual 

Investment Programme 2006-2009 under the Disability Strategy, the Government provided the 

Health Service Executive with an additional \75m in both 2006 and 2007. This funding included 

monies to provide new and enhanced services for people with disabilities, to implement Part 2 

of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5’s and also 

for the continuation of the implementation of the transfer of persons with intellectual disability 

from psychiatric hospitals and other inappropriate placements. 

The Government is also honouring its promise in relation to the Multi-Annual Investment 

Programme for people with disabilities, with a further \50m investment which was announced 

in the 2008 Budget. 

551



The Deputy’s question relates to the management and delivery of health and personal social 

services, which are the responsibility of the Health Service Executive under the Health Act 

2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the 

Executive to arrange to have these matters investigated and to have a reply issued directly to 

the Deputy. 

Hospitals Building Programme. 

197. Deputy David Stanton asked the Minister for Health and Children the location of each 

of the sites that is planned to be made available to enable private hospitals to be built on public 

land as part of the co-location policy; the amount of land to be made available in each case; 

the market value of each of these sites; if the land in each case is to remain in the State’s 

ownership; if not, the way the land will be transferred; if it is her intention to make the land 

available without charge; and if she will make a statement on the matter. [4104/08] 

Minister for Health and Children (Deputy Mary Harney): The co-location initiative aims to 

make available approximately 1,000 public acute hospital beds for public patients, beds that 

are currently being used by private patients. In accordance with the competitive dialogue procurement 

process which is being used, the Board of the HSE approved in July last successful 

bidder status for the development of co-located hospitals at the following six hospital sites: 

• Waterford Regional Hospital 

• Cork University Hospital 

• Limerick Regional Hospital 

• Sligo Regional Hospital 

• Beaumont Hospital 

• St James’s Hospital 

Since then the hospitals and the bidders have been working towards finalising the Project 

Agreements. It is expected that the Project Agreements for Beaumont, Cork and Limerick 

Hospitals will be signed very soon. It is also anticipated that the signing of the Project Agreements 

for the other three sites will be concluded shortly thereafter. 

Connolly Hospital and Tallaght Hospital, which are also participating in the co location 

initiative, are at an earlier stage of the procurement process. A tender in relation to Connolly 

Hospital is under consideration and it is expected that the invitation to tender (ITT) for 

Tallaght Hospital will issue in the near future. 

Under the Project Agreements agreed with the HSE, the land on which the Hospitals will 

be built by the successful bidders will be under a 65-year lease from the State at full market 

value. The intention is that no land will be sold to the successful bidders. This efficient utilization 

of public resources means that the State will receive an income for land over the 65 year 

period. The commercial value of each site has been determined by independent assessors. The 

provision of 1,000 beds will result in no direct capital costs to the Exchequer. Capital costs will 

be met by the successful bidders. 


198. Deputy Martin Ferris asked the Minister for Health and Children her views on whether 

552


in view of the long waiting list, there is a need for extra resources for the endoscopy unit at 

Kerry General Hospital. [4106/08] 

199. Deputy Martin Ferris asked the Minister for Health and Children if she will ensure that 

nursing staff are made available for the high dependency unit at Kerry General Hospital. 

[4107/08] 

200. Deputy Martin Ferris asked the Minister for Health and Children when the necessary 

staff will be made available for the out-patient day surgery at Kerry General Hospital. 

[4108/08] 

201. Deputy Martin Ferris asked the Minister for Health and Children if she will commit to 

making available the required staff in accident and emergency in Kerry General Hospital. 

[4109/08] 


the Kerry General Hospital assessment unit is understaffed in comparison to other hospitals 

and that this needs to be rectified. [4110/08] 


Kerry General Hospital requires a dedicated orthopaedic unit. [4111/08] 


in view of the 70% increase in births at Kerry General Hospital since 2000, the hospital should 

have a dedicated obstetrics unit. [4112/08] 


198 to 204, inclusive, together. 


services is a matter for the Health Service Executive and funding for all health services has 

been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to 

consider the particular issues raised by the Deputy. My Department has requested the 

Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and 

to have a reply issued directly to the Deputy. 

Questions Nos. 205 to 207, inclusive, answered with Question No. 194. 

Home Help Service. 

208. Deputy Tom Hayes asked the Minister for Health and Children the reason the home 

support hours of a person (details supplied) in County Tipperary are being reduced. [4120/08] 

Minister of State at the Department of Health and Children (Deputy Máire Hoctor): Operational 

responsibility for the management and delivery of health and personal social services 

was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive 

is the appropriate body to consider the particular case raised by the Deputy. My Department 


matter investigated and to have a reply issued directly to the Deputy. 


553


Stroke Incidence. 

210. Deputy David Stanton asked the Minister for Health and Children the number of people 

who suffered a stroke and an acquired brain injury in 2005, 2006 and 2007 respectively; the 

number who did not survive as a result of their injuries each year; and if she will make a 


Minister of State at the Department of Health and Children (Deputy Pat The Cope 

Gallagher): The Deputy’s question relates to the funding, management and delivery of health 

and personal social services, which are the responsibility of the Health Service Executive under 

the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs 

Division of the Executive to arrange to have this matter investigated and to have a reply issued 

directly to the Deputy. 

Ferry Services. 

211. Deputy Tom Sheahan asked the Minister for Transport the efforts he has made to reintroduce 

the Cork Swansea Ferry; and if he will make a statement on the matter. [3959/08] 

Minister for Transport (Deputy Noel Dempsey): The Cork Swansea Ferry service was suspended 

in 2007. I can appreciate the concerns that have been expressed in the region in 

response to this development. 

I understand that a number of interested parties and stakeholders have been in discussions 

with the Port of Cork Company about the possibility of commencing a new passenger and 

freight service out of the port. 

I am informed that a commercial examination of the route has been carried out. This indicates 

that, subject to procuring a suitable vessel, the service could be feasible on a year round 

basis. 

The Port of Cork Company will certainly do what it can to facilitate the resumption of 

the service. 

As Minister for Transport, I feel it is important that the market offers a diverse range of 

maritime links in and out of the State. This is vital to facilitate trade and tourism. I certainly 

hope that the current efforts show that the service is commercially viable and that it can be 

resumed as soon as possible. 

Rail Network. 

212. Deputy Brian Hayes asked the Minister for Transport when the independent study of 

the Broadstone line into its use for either heavy or light rail use will be completed and be made 

available for publication; if the local community and stakeholders will be allowed to make an 

input into this study; and if he will make a statement on the matter. [3968/08] 

Minister for Transport (Deputy Noel Dempsey): I refer the Deputy to my reply yesterday to 

Deputy Flanagan (reference 3470/08). 

Public Transport. 

213. Deputy Billy Timmins asked the Minister for Transport the position in relation to the 

bus service from Dublin to Tullow, County Carlow through Baltinglass (details supplied); if 

approval will be given to increase this service, Dublin to Baltinglass and Baltinglass to Dublin; 


554


Minister for Transport (Deputy Noel Dempsey): In response to previous Dáil Questions by 

the Deputy on 15 November 2007, No. 29126 and 30 January 2008, No. 1327, I indicated that 

Bus Éireann had notified my Department of a proposed bus service connecting Tullow and 

Dublin operating via Baltinglass. Following an initial examination of the Bus Eireann submission, 

it was concluded that the service would be in competition with an existing licensed 

service that operates between Hacketstown and Carlow via Baltinglass and Tullow. The area 

where the potential competition arises is between Tullow and Baltinglass. 

Accordingly my Department informed Bus Éireann on 30th April 2007, that should they 

wish to pursue the introduction of this proposed service, the Company would be required to 

submit an application under Section 25 of the Road Transport Act, 1958, under which the 

consent of the Minister for Transport is required before the Company can introduce a new or 

amend an existing service that competes with a licensed service. To date no such application 

has been lodged with my Department. 

My Department has no record of the receipt of a proposal from Bus Éireann in respect of a 

service with terminal points at Baltinglass and Dublin. 

Insurance Industry. 

214. Deputy Billy Timmins asked the Minister for Transport the position in relation to a 

suggestion (details supplied); and if he will make a statement on the matter. [3986/08] 

Minister for Transport (Deputy Noel Dempsey): Motor insurance companies in Ireland 

insure vehicle drivers rather than vehicles. This enables them to calculate the risks associated 

with a specific driver and thereby price the insurance premium accordingly. 

The factors taken into account when calculating the risk include the age, gender and driving 

experience of the driver, the engine size of the vehicle and its usage together with the address 

at which the vehicle is based. Using this system, drivers with apparent higher risks pay a higher 

premium than other drivers. This also enables a specific driver to establish a no-claims status 

over a number of years. 

There would be a possibility of increased premiums for most drivers if the system were 

changed to allow open driving for any vehicle. Under the present system, there has been a 

decline of 40% in motor insurance premiums since April 2003. 

Road Network. 

215. Deputy Ruairí Quinn asked the Minister for Transport if the National Roads Authority 

has submitted its report on the southern port access route to his Department; when he will 

bring proposals to Government to implement the findings of the report; and if he will make a 


Minister for Transport (Deputy Noel Dempsey): As Minister for Transport I have responsibility 

for overall policy and funding in relation to the national roads programme element of 

Transport 21. 

Two reports were commissioned by the NRA in 2000 and 2002 on the feasibility of constructing 

the Eastern Bypass. In the context of the launch of Transport 21 in November 2005, 

the NRA engaged consulting engineers to update these studies by undertaking a further engineering 

and feasibility study of the Bypass. This study examines possible route options, forecasts 

traffic demand and examines scheme costs for the various options examined. It has recently 

been completed. The report is currently being examined by my Department. 

555


Public Transport. 

216. Deputy John Curran asked the Minister for Transport the number of licences that have 

been issued to private bus companies to operate bus services in the greater Dublin area; the 

number of these services that are operational; if his attention has been drawn to the fact that 

licences being held for extended periods without the provision of a service; and if he will make 


Minister for Transport (Deputy Noel Dempsey): The Road Transport Act, 1932, as amended, 

provides the statutory basis for regulating the provision of public bus services by private bus 

operators. In accordance with the legislation, private bus operators apply to my Department 

for licences to operate scheduled bus passenger services within the State. 

There are currently 54 licences issued to private bus operators authorising bus passenger 

services within the Dublin area. These include commuter type services, Airport services, LUAS 

feeder services, tours, night link, and school services. The details of all current licences issued 

to private operators are available to view on my Department’s website. 

All licences issued in accordance with the Road Transport Act, 1932 have standard conditions 

associated with them and compliance with those conditions is the responsibility of the service 

operator in each instance. A condition of all licences includes the requirement whereby the 

service must be in operation in its entirety within 4 months from the date of issue of the licence. 

In exceptional cases, the four month deadline may be extended subject to the prior written 

approval of my Department. It is also a condition of all licences that the licensee adheres to 

the approved timetable as listed on the licence. 

My Department is not aware of any licences being held by private operators that are not 

being operated save in circumstances where the period of introduction has not yet expired or 

where the operator has applied to my Department and has been granted an extension to that 

period in accordance with the provisions of the Road Transport Act 1932, as amended. 

All licences with the exception of Occasional licences that are issued for a particular event 

must be renewed each year. In order for the Department to renew a licence, the licensee must 

provide evidence to the effect that the service in being operated in accordance with the conditions 

attached to the licence including the authorised timetable. Evidence to support this 

must be in the form of a current published timetable, website timetable or letter from An 

Garda Síochána confirming that the service being operated is in accordance with the licence. 

Where evidence of operation is not available, the Department informs the operator that the 

application for renewal cannot be processed and the licence is considered lapsed. In addition 

to checks made at renewal stage, Departmental officers carry out periodic monitoring spot 

checks throughout the year to ensure compliance by operators to their licensed services. 


217. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has 

been drawn to the case of a person (details supplied), a former Irish resident, who was arrested 

under repressive legislation on International Human Rights Day, 9 December 2007 in Kuala 

Lumpur at a protest calling for the right to freedom of assembly; and if he will make representations 

to his counterparts in Malaysia urging the Malaysian Government to drop the charges 

and in relation to the abuse of human rights there more generally. [4296/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): I would refer the Deputy to my written 

answer of 5 February 2008, regarding this case, in which I stated: 

556


I am aware of the arrest of 8 people, including 5 lawyers and the Malaysian citizen under 

reference, on 9 December 2007 during a protest to mark International Human Rights Day. 

I understand these individuals were charged under Malaysia’s Police Act, and were released 

shortly thereafter. A date has not yet been set for their trial. I have asked that the Embassy 

in Kuala Lumpur continue to monitor these cases closely. 

I am also aware of recent arrests under the Internal Security Act. Ireland and its EU 

partners have previously expressed serious concerns to the Government of Malaysia about 

the use and scope of the Act. While fully respecting the duty of the Government of Malaysia 

to ensure security and the rule of law within its borders, I believe more could and needs to 

be done to facilitate peaceful protests on human rights issues. Ireland, together with our EU 

partners will continue to monitor the situation closely on human rights in Malaysia. 

218. Deputy Joe Costello asked the Minister for Foreign Affairs his views on the state of 

human rights in Iran; if the new year was ushered in with 13 public hangings on New Year’s 

Day 2008; and if he will make a statement on the matter. [4310/08] 

219. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has 

been drawn to allegations by Iranians living here that some of their members have been targeted 

by Iranian Embassy staff because of their protests against human rights abuses in Iran; 


220. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs the steps that have 

been taken on a State basis and with EU partners to express the Government’s opposition to 

the continuing human rights abuses in Iran; and if consideration has been given to ending trade 

with the country until those abuses are addressed. [3933/08] 


to 220, inclusive, together. 

In view of the current international focus on the Iranian nuclear issue, and on developments 

in Iraq, I believe it is important that we do not lose sight of the human rights situation in Iran, 

on which we have very serious concerns. 

After a period in which gradual progress was evident in the overall human rights situation, 

the past few years have witnessed a serious and sustained erosion of human rights protections 

in Iran. Moderate and reformist political voices have been suppressed, and freedom of 

expression has been severely curtailed by actions against media outlets and individual 

journalists. 

Against this background of reassertion of State control, a wide range of other human rights 

issues has also shown a marked deterioration. These include the increased use of the death 

penalty, including executions of minors and, in some isolated cases, recourse to the barbaric 

practice of execution by stoning. Iran executed some three hundred people in 2007, and has 

reportedly already executed twenty-eight in 2008, including thirteen people on 2 January. 

There has been a notable increase in intolerance of expression of identity by national minorities, 

and active harassment of minority communities, including the Baha’i community. Trade 

unions and women’s groups have been suppressed and there has been a sustained campaign 

against NGOs and human rights defenders. Indeed groups and individuals in Iran are now 

being targeted by the authorities because they have been in contact with western Embassies. 

I have been seriously concerned by these developments, and I raised them in my meeting 

with Foreign Minister Mottaki in New York in October 2007. The Government and our EU 

557



partners make frequent representations to the Iranian authorities about specific cases and 

issues, and about the broader principles of human rights. On the specific issue of executions, 

we have raised the principle of the death penalty, its increasing use, the cruel methods 

employed, and the execution of child offenders. Ireland participates actively in discussions 

within the EU on how best to advance these issues. In recent years we have co-sponsored a 

Resolution at the UN General Assembly on the human rights situation in Iran, along with 

Canada and others. We did so again in November. 

Regrettably, Iran has shown little interest in tackling these issues. A formal Human Rights 

Dialogue between the EU and Iran is now effectively in abeyance. The last meeting was held 

under the Irish EU Presidency in 2004, and it seems clear that Iran is not now willing to engage 

in the dialogue. 

There is little to suggest that ending trade with Iran would be likely to influence this situation. 

Iran has already learned to live with almost thirty years of US sanctions and relative isolation. 

Much of its economy is now offshore or in the black market, and the domestic economy is 

dominated by oil and gas exports, for which global demand continues to increase. 

The Government and our EU partners will continue to use every opportunity to draw attention 

to, and where possible to uphold, the fundamental rights of the Iranian people. 

My Department has received no representations from Iranians living here about activities by 

the Embassy of Iran. 




Questions Nos. 224 and 225 answered with Question No. 101. 





229. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the degree to which 

the world community can address or is addressing the issues of starvation, war, ethnic cleansing 

and genocide on the continent of Africa; and if he will make a statement on the matter. 

[4181/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): The reduction of poverty, hunger and 

conflict in Africa is one of the most important tasks of the international community in the 21st 

century. Conflict has many causes and many manifestations, but poverty, inequality and 

exclusion have proved to be the most fertile breeding grounds for violence and ethnic hatred. 

Most wars occur in poor countries, and the causes and effect of conflict are exacerbated by 

poverty. 

Through our membership of the European Union and the United Nations, Ireland is a strong 

advocate for the developing world and for international peace and security. Addressing Africa’s 

needs, especially the interests of the poorest and most vulnerable, necessitates comprehensive 

558


action by the international community and by African governments. In order to measure 

development progress and to set benchmarks, the UN set the Millennium Development Goals 

(MDGs), which were endorsed by world leaders in 2000. While the MDGs are undoubtedly 

ambitious, they can be reached if the affected countries themselves, the donor community, the 

UN and EU work together to ensure that peace and security, poverty reduction, good governance 

and sustainable development are the cornerstones of all our efforts in Africa. 

African leadership and responsibility are crucial, and the African Union represents an 

important strategic partner for the European Union and the international community generally. 

Since 2004, the EU has supported the development of African-led peacekeeping in Darfur and 

elsewhere through its African Peace Facility. Peace and security, governance and developments 

were among the themes which European leaders discussed with their African counterparts at 

the EU-Africa Summit in December 2007. 

Africa is at the heart of Ireland’s programme of official development assistance. Irish Aid 

provides emergency humanitarian aid, funding for recovery, and long-term development assistance 

to many African countries either directly, or through our partnerships with the United 

Nations, the Red Cross family and Non-Governmental Organisations. In the context of an 

increasing aid budget as we approach the UN target of 0.7% of GNP by 2012, these interventions 

are being further strengthened through enhanced support at the global and country 

levels. The launch of the Hunger Task Force and the establishment of a Conflict Resolution 

Unit in my Department are clear and practical manifestations of our resolve to do more in 

these areas which directly affect the lives of millions throughout the developing world. 

Ireland’s contribution to promoting security and stability in Africa includes our contribution 

to UN and EU peace-support missions, including UNMEE in Ethiopia and Eritrea from 2001- 

2003, UNMIL in Liberia from 2003-2007, and the current EUFOR mission in Chad and the 

Central African Republic. In addition, we have provided support to the UN’s Peace Building 

Fund and have been strongly supportive of the establishment of the Peace Building 

Commission. 

The challenges facing Africa are enormous. But there is some encouraging news. Many 

African economies are growing. The work of the International Criminal Court marks a real 

effort to end impunity for war crimes, ethnic cleansing and crimes against humanity, though 

full co-operation with the ICC remains essential on the part of all who have signed the Rome 

Statute. While there are exceptions such as Somalia, Zimbabwe and others, many African 

countries now have less violence and civil strife than for many years. There is relative peace in 

Sierra Leone, Liberia, Angola, Uganda and southern Sudan. 

I believe that Ireland’s comprehensive and inclusive approach to the challenges of poverty, 

conflict and food insecurity stands the best chance of facilitating real and positive change in 

the lives of millions of people living in Africa. 


230. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs his views on the 

ongoing situation in the Congo with particular reference to full democracy and human rights; 


Minister for Foreign Affairs (Deputy Dermot Ahern): The generally peaceful and orderly 

conduct of the 2006 Presidential and Parliamentary elections — the first democratic elections 

in the Democratic Republic of Congo (DRC) in more than forty years — was a tribute to the 

strong desire of the Congolese people for an end to conflict and a return to democracy. Since 

then, noticeable progress had been made in many parts of the country. The new political 

559



institutions, including the parliament, are now beginning to take root, although major challenges 

remain — not least of which will be the holding of successful and peaceful local elections 

later this year — if the transition process is to be successfully completed. 

However, the renewed conflict in eastern DRC during 2007, and the major humanitarian 

emergency which has resulted, continue to pose a serious threat to the transition process. The 

continued existence of armed militias preying on the population and ethnic violence between 

Hutu and Tutsi factions have been elements in the heightened tensions. The EU has expressed 

particular concern over the systematic sexual violence which has become routine in this conflict, 

and which is spreading to the civilian population. 

As regards the deeply worrying situation in the Kivu provinces , I warmly welcome the 

agreement reached at the Goma Peace Conference last month. The agreement includes a ceasefire, 

an agreement to release child captives and a commitment to continue the process of retraining 

ex-combatants and integrating them into the national army. This agreement provides 

an opportunity, if the will is there, to end the conflict in these provinces and build lasting peace 

and democracy. 

The DRC is one of four country situations where the International Criminal Court (ICC) 

has currently decided to act, and two individuals from DRC have been arrested and will stand 

trial in The Hague. The work of the ICC represents a step towards ending impunity for the 

many appalling crimes which have been committed in DRC in recent years. 

Ultimately, an end to the conflict throughout the DRC will require the creation of stability 

and the establishment of the rule of law throughout the country. I fully support the work of the 

United Nations in the DRC, especially the contribution that the UN’s peace-keeping mission, 

MONUC, has made to increased stability. Security sector reform, demobilisation and disarmament, 

ending impunity, and establishing an effective, fair and transparent system of justice are 

also urgently required. 

The European Union, including Ireland, is fully committed to helping the Congolese government 

to tackle these problems. On the ground, two European missions are assisting, respectively, 

in police reform and with guidance on army integration and other security issues. Establishing 

stability and justice will be a slow process, but Ireland and the EU are committed to 

providing assistance in the long term. 

Greenhouse Gas Emissions. 

231. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs if his attention has 

been drawn to the clearing of rain forests in Nigeria at a time of major concern about global 

warming and carbon emissions; his plans to address such issues; and if he will make a statement 


Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): Global 

warming is a serious concern to everyone. We are all increasingly aware of the threat this 

now poses to humanity. The Government is strongly committed to fulfilling its international 

obligations to reduce the level of carbon dioxide emissions worldwide. 

However, global warming cannot be solved by one country alone — it requires the commitment 

of all nations in the world. Rain forests play a very important role in preventing global 

warming. They help to remove large amounts of carbon dioxide from the air. They also release 

oxygen into the environment. In doing so, they provide benefits not just to the countries where 

they are located, but to all nations and peoples. 

560


Most of the world’s rain forest is located in the developing countries, including Nigeria. 

There are reports of significant industrial logging taking place in Cross River State, the location 

of the last remaining rain forests in Nigeria. Rain forests once covered about 30% of the earth’s 

land surface but this figure has now fallen to about 6%. Preserving the remaining rain forest 

presents a serious challenge, but it cannot be left to individual countries alone. It requires a 

concerted international effort. One way to encourage poorer countries to avoid further deforestation 

is to reward those that protect rain forests through the provision of economic incentives. 

Ireland will continue to play its part in supporting international efforts to preserve the rain 

forests and the rights of those who live there. The Irish Aid Environmental Policy commits 

Ireland to addressing global environment problems through our engagement with bodies such 

as the United Nations and the Development Assistance Committee of the OECD. It also 

commits Ireland to supporting the efforts of partner governments and civil society at country 

level and to work closely with other donors in ensuring a coordinated response to environmental 

challenges. 

Ireland, through Irish Aid, supports a number of organisations involved in climate change. 

This includes the Consultative Group on International Agricultural Research (CGIAR) which 

has launched a strategic initiative on climate change. The CGIAR is a network of 15 institutions 

dedicated to pro poor agricultural research and the transfer of the results as rapidly as possible 

to those working on the ground. This initiative, which Ireland supports, assigns climate change 

a central place in their work. 

Irish Aid also supports, in cooperation with the Department of the Environment, the United 

Nations Framework Convention for Climate Change which manages two funds, the Least 

Developed Countries Fund and the Special Climate Change Fund. Both of these are assisting 

countries to adapt to the impact of climate change. Irish Aid also supports a number of key 

international institutions including the International Institute for Environment and Development 

(IIED), the World Conservation Union (IUCN) and the World Resources Institute 

(WRI) all of which are active in policy and advocacy on climate change including the issue of 

reducing emissions from deforestation and degradation. 



the EU and the Ukraine have developed or propose to develop economic or other links; and 


Minister for Foreign Affairs (Deputy Dermot Ahern): The European Union’s extensive 

relations with Ukraine are conducted within the framework of a number of agreements, the 

most significant of which are the Partnership and Cooperation Agreement and the EU-Ukraine 

Action Plan. 

The Partnership and Cooperation Agreement entered into force in 1998. It highlights respect 

for fundamental values as an essential element of the EU-Ukraine relationship, and provides 

a framework for cooperation across a wide range of areas including political dialogue, trade 

and investment, economic and legislative cooperation and cultural and scientific cooperation. 

EU-Ukraine relations developed further with the adoption in 2005 of the EU-Ukraine 

Action Plan, within the framework of the European Neighbourhood Policy. The on-going 

implementation of this Action Plan helps to fulfil the provisions of the Partnership and Cooperation 

Agreement. 

Sectoral agreements are also in force between the EU and Ukraine, including in the fields 

of trade in textile products, aviation, energy, trade in certain steel products and scientific and 

561



technical cooperation. An EU Border Assistance Mission ( EUBAM), launched in November 

2005 at the joint request of the Presidents of Ukraine and Moldova, works with both countries 

to enhance the management of their shared border. The Mission has been a success and was 

recently extended until November 2009. Since April 2005, Ukraine has also been eligible to 

align itself with EU statements under the Common Foreign and Security Policy and has chosen 

to do so in the great majority of cases. 

Negotiations are ongoing between the EU and Ukraine on a new Enhanced Agreement to 

replace the Partnership and Cooperation Agreement. It is intended that the new Agreement 

will provide for strengthened political dialogue and cooperation in the fields of foreign and 

security policy, economic cooperation, energy, transport, and justice, freedom and security. 

Once Ukraine completes its accession to the World Trade Organisation, it is expected that 

negotiations for a Free Trade Agreement, which is intended to be a cornerstone of the new 

Enhanced Agreement, will get underway. 


233. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the top ten locations 

about which he and his EU colleagues are most concerned in respect of human rights abuses; 

the action taken or intended; and if he will make a statement on the matter. [4185/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): As has been made clear on previous 

occasions, it is not the policy of the Government to draw up a ‘league table’ of countries 

deemed guilty of the worst human rights abuses. 

Human rights remain central to our foreign policy. Active participation in the EU, UN and 

the Council of Europe provides an opportunity for Ireland to voice its concerns regarding 

human rights abuses. Through these organisations, international pressure can be brought to 

bear on those responsible for the violation of human rights. 

Together with our EU partners, the Government monitors the human rights situations in 

many countries throughout the world, on the basis of information obtained from a variety of 

sources including both official and non-governmental organisations. Where the situation warrants, 

we make known our concerns about human rights violations to the Governments in 

question, either bilaterally, through the EU, or through action at the UN General Assembly 

and the UN Human Rights Council. At these bodies, the EU regularly makes statements on 

the human rights situations in a number of countries from all regions. Ireland is fully associated 

with these statements. The EU also introduces or supports resolutions dealing with specific 

countries. 

The Government will continue to use these mechanisms as a means of highlighting violations 

of human rights and furthering their protection. 

Health Issues. 

234. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the further initiatives 

he proposes to take at EU or UN level to address HIV/AIDS and other health issues on the 

African continent; and if he will make a statement on the matter. [4186/08] 

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): As outlined 

in the White Paper on Irish Aid, the Government’s commitment to tackling HIV and AIDS 

and other diseases of poverty will remain a top priority for our aid programme. We are committed 

to developing programmes that address the key causes of illness and ill health among the 

562


poorest and most vulnerable people, and to strengthening health systems in the poorest 

countries. 

Following the commitment made by the Taoiseach in his speech to the United Nations in 

2005, funding for HIV and AIDS and other communicable diseases is now reaching over \100 

million per year. This is an enormous achievement. Ireland now leads the way within the 

European Union in terms of the proportion of its overseas development assistance allocated 

to HIV and other diseases of poverty. 

Our assistance is directed at programmes at country, regional and international levels and is 

ensuring that increasing numbers of people are accessing quality HIV and AIDS and other 

health services. The target countries for most of Ireland’s bilateral assistance — Uganda, Tanzania, 

Ethiopia, Mozambique, Lesotho, Zambia and Malawi — continue to bear the highest 

disease burden in the world. Our approach is saving lives. 

The United Nations and the European Union play a critical role in addressing the main 

diseases of poverty, including HIV and AIDS through setting global policy, guidance on best 

practice, providing specialist technical assistance and funding specific interventions aimed at 

tackling these diseases. We will continue to fund and work closely with a range of UN Funds 

and Programmes as well as the European Commission and Member States to advocate for a 

sustained and resourced global response to health and HIV and AIDS and strengthened leadership 

at all levels. 

This year Ireland assumes a leadership role in steering UN reform. The theme ‘Delivering 

as One’ provides the opportunity to build a more effective inter-UN agency response to HIV 

and AIDS. Ireland will work closely with the Joint UN Programme on AIDS, UNAIDS, in 

this regard. Sitting on the board of UNAIDS this year provides Ireland with the opportunity 

not only to advocate for increased effectiveness and efficiency within the UN system, but also 

to advance some of its key priorities including the need for a stronger focus on children and 

women, and ensuring that health and HIV and AIDS are addressed in the context of humanitarian 

and emergency situations. 

In June of this year the United Nations General Assembly will debate progress being made 

to achieve Universal Access to comprehensive HIV prevention, treatment, care and support. 

Ireland has already submitted its report on how it is addressing this global pandemic and will 

send a high level delegation to advocate for increased political commitment, additional 

resources and consensus on addressing key obstacles to better health for those most vulnerable 

and marginalised. 

Ireland has prioritised the needs of children in its work on HIV and AIDS. It is the only 

country to target 20% of its increased funding to interventions that will benefit children. In 

recognition of Ireland’s leadership in this area, it has been requested to host the fourth Global 

Partners Forum on Children affected by HIV and AIDS. Working in cooperation with 

UNICEF and scheduled for October, this forum will bring together high level decision makers 

from both developed and developing countries to debate the best approaches to ensuring the 

protection of children living in a world with HIV and AIDS. 

Ireland’s leadership on HIV and AIDS was recognised last year during the visit of the Executive 

Director of UNAIDS to Dublin. He said that Ireland has taken on the kind of leadership 

role that will help bring us closer to a world without AIDS. This year Ireland will continue to 

work with the international community and its programme countries in advocating for a sustained 

and resourced global response to HIV and AIDS and other communicable diseases, 

strengthened leadership at all levels, and improved coordination of resources for effective disease 

prevention and control. 

563




236. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the position regarding 

the ongoing situation in Burma; and if he will make a statement on the matter. [4188/08] 

Minister for Foreign Affairs (Deputy Dermot Ahern): In previous statements and in 

responses to Parliamentary Questions, I have made clear my own, and the Government’s very 

deep concern about the situation in Burma. Following the horrific events that occurred in that 

country in September, I undertook a number of initiatives to highlight the extent of the 

repression taking place and the importance of the mission of the UN and the Secretary 

General’s Special Envoy, Dr Ibrahim Gambari. These included direct bilateral approaches to 

leaders of neighbouring countries of Burma, seeking their support to end the bloodshed and 

encourage the initiation of dialogue; pressing for, and securing, European Council Conclusions 

on the issue and political agreement to step up sanctions against the Burmese regime; a meeting 

with Burma’s ‘Prime Minister in exile, who is also a first cousin of Aung Sang Suu Kyi; and 

support for the work of Burma Action Ireland. 

More than four months have passed since the crackdown against monks and peaceful protestors 

took place and I remain deeply concerned by the situation in Burma, and the lack of 

progress in creating a meaningful political dialogue process. I have noted with disappointment 

the comments by Aung San Suu Kyi on 29 January that the talks she has had with the government’s 

liaison minister have offered very little of substance, but are intended rather to give the 

appearance of serious negotiations. Ms Suu Kyi has also made clear her concerns that the 

dialogue process does not include representatives of the various ethnic minorities and that 

there is no fixed deadline for an outcome. 

It is only through an inclusive and time-bound process that a sustainable and peaceful future 

for Burma will be achieved. It is imperative that the regime now engage meaningfully in dialogue 

that produces substantive results. The international community must take more concrete 

steps to seek to encourage this. The dialogue process cannot be replaced by the work of the 

government’s Constitutional Drafting Committee, from which the opposition has been 

excluded, and which is expected to produce a draft in the near future. 

The Burmese government continues to arrest political opponents and to prosecute those 

involved in organising the protests last year. I am deeply concerned by the decision to charge 

U Gambira, the leader of the All-Burmese Monks Alliance who is currently being held in 

Insein prison, for his role in the protests in September last year. 

I am also deeply concerned by and condemn the Burmese government’s decision to charge 

Min Ko Naing and Ko Ko Gyi and eight other activists who were organisers from the major 

student protests in Burma in 1988, and who have been detained without charge since August 

2007, for their involvement in last year’s demonstrations over commodity prices. 

I deeply regret the fact that the Burmese government has refused to facilitate an early further 

visit by the UN Secretary-General’s Special Adviser on Burma/Myanmar, Dr Ibrahim Gambari. 

He should be able to visit whenever he wishes, and without conditions. 

Dr Gambari was in India last week, and will travel to China later this month, to explore how 

they can further support the Secretary-General’s good offices mission. Both Dr Gambari and 

UN Secretary-General Ban Ki-Moon have stressed the importance of tangible action by the 

Burmese regime, and have rightly made clear that the patience of the international community 

is running out. Dr Gambari briefed the UN Security Council prior to his departure for India, 

564


following which the Council expressed its regret at the slow rate of progress towards the objectives 

it set out last October. 

Dr Gambari met with EU High Representative Javier Solana in Brussels on 25 January, as 

well as with senior Commission officials. These talks included discussion of contacts with countries 

in the region, the Commission’s funding for Gambari’s Office and other aspects of its 

activities in relation to Burma, including humanitarian assistance, and the development of civil 

society and the media. EU Special Envoy for Burma/Myanmar Piero Fassino has also recently 

visited countries in the region, calling on governments to unite in putting pressure on Burma. 

It is expected that EU Foreign Ministers will again review the situation in Burma at the 

General Affairs and External Relations Council meeting on 18 February, ahead of the renewal 

of the EU’s restrictive measures on Burma in April. The EU continues to look at the possibility 

of further measures should the Burmese régime continue blatantly to ignore the will of the 

international community. 

Ireland, with our EU partners, will also continue to push for the Burmese régime to cooperate 

fully with the UN Special Rapporteur on Burma/Myanmar, Sergio Pinheiro, in implementing 

the recommendations in his report presented to the UN Human Rights Council on 11 

December, and in line with the Council’s resolution asking Special Rapporteur Pinheiro to 

undertake a follow-up mission to examine in greater detail the human rights violations occurring 

in Burma. 

Debt Relief. 


the various poorer countries have received aid through debt write off or direct aid in the 

context of the World Trade Organisation or otherwise; when it is expected that the entire 

proposals will be achieved in full; and if he will make a statement on the matter. [4189/08] 

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): There are 

two main international instruments which address the problem of the debt burden in the 

developing world, the Heavily Indebted Poor Countries (HIPC) initiative and the Multilateral 

Debt Relief Initiative (MDRI). 

The HIPC Initiative, which was launched in 1996 and strengthened and enhanced in 1999, 

seeks to reduce the debt burden of qualifying countries to sustainable levels but does not entail 

cancellation. Progress on the implementation of HIPC is slow but positive and to date debt 

reduction packages have been approved for 32 countries, 26 of them in Africa, providing US$46 

billion in debt-service relief. Nine additional countries are eligible for relief under HIPC but 

have not yet reached their decision points. Ireland has contributed \30m towards the cost of 

implementing HIPC. 

The Multilateral Debt Relief Initiative (MDRI), agreed by the G8 Countries at Gleneagles 

in July 2005 and which came into effect on 1 July 2006, provides for 100% relief on eligible 

debt from the World Bank, the African Development Bank and the International Monetary 

Fund to many of the poorest and most indebted countries in the World. Most of these countries 

are in Africa. The initiative is intended to help them advance toward the United Nations 

Millennium Development Goals (MDGs), which are focused on halving poverty by 2015 by 

freeing up resources that would otherwise have been used to service their debt burden. 

All countries that reach the completion point under HIPC, and those with per capita income 

below US$380 and outstanding debt to the three institutions at end-2004, are eligible for the 

MDRI. The total cost of implementing MDRI is estimated at US$47.9 billion and to date 25 

countries have benefited from relief at a cost of approximately $37.6 billion. 

565



Ireland’s share of the total cost of the MDRI debt relief to be provided by the World Bank 

is \58.6m. As a gesture of support and to underline our strong commitment to 100% debt relief 

for the poorest countries, this amount has already been paid over in full. 

Company Closures. 

238. Deputy Jimmy Deenihan asked the Minister for Enterprise, Trade and Employment the 

number of Industrial Development Authority supported companies that closed in County Kerry 

from January 2002 to December 2007; the number of jobs that were lost in these closures; and 


Minister for Enterprise, Trade and Employment (Deputy Micheál Martin): Details regarding 

IDA Ireland supported companies and jobs in County Kerry from January 2002 to December 

2007 are outlined in the following table. The number of client companies has declined from 21 

in 2002 to 16 in 2007. The total number of closures was 8. This table also outlines the number 

of jobs lost in the County broken down by year. 

The recognition under the National Spatial Strategy 2002-2020 of the importance of Killarney 

and Tralee as linked Hubs will assist IDA Ireland in promoting the region for inward investment. 

It will also assist in the development of the necessary critical mass needed in terms of 

population, skills and infrastructure. Kerry has traditionally been a centre of manufacturing for 

foreign direct investment. However, over recent years it has proved challenging to maintain 

and attract overseas manufacturing companies into the County as much of this investment 

globally is going to low cost destinations such as Eastern and Central Europe and China. As a 

result of this locational shift in global manufacturing, Kerry has seen a number of closures 

within the multinational sector. 

IDA Ireland’s strategy for Kerry has been to promote the county as part of an integrated 

region with access to the county population base of 139,616 as well as the expanded population 

of both the Mid West and South West Regions with a combined population of 935,039. Based 

on the strengths of the region IDA is particularly targeting the ICT (including software), International 

Financial Services and Globally Traded Business sectors. IDA Ireland will continue 

to promote the region and the advantages of locating in Kerry, which include a young skilled 

population, the presence of the Institute of Technology in Tralee and the availability of first 

class business parks and a regional airport. In addition to attracting new foreign direct investment, 

IDA continues to work closely with its existing clients in Kerry to encourage them to 

expand their operations in the county. 

Employment in IDA assisted companies in Kerry. 

Years 2002 2003 2004 2005 2006 2007 

Total No. of companies 21 22 20 17 16 16 

No of company closures 1 0 3 3 1 0 

Permanent Employment 2,417 2,180 1,995 1,867 1,767 1,838 

Gross Gains 151 84 99 104 73 120 

Job Losses −666 −321 −284 −232 −173 −49 

239. Deputy Jimmy Deenihan asked the Minister for Enterprise, Trade and Employment the 

number of Industrial Development Authority supported companies that closed in County Cork 

566


from January 2002 to December 2007; the number of jobs that were lost in these closures; and 


Minister for Enterprise, Trade and Employment (Deputy Micheál Martin): Details regarding 

IDA Ireland supported companies and jobs in County Cork from January 2002 to December 

2007 are outlined in the following table. The number of client companies has declined from 

137 in 2002 to 134 in 2007. The total number of closures was 36. This table also outlines the 

number of jobs lost in the county broken down by year. The recognition under the National 

Spatial Strategy 2002-2020 of the importance of Cork as a major gateway location and Mallow 

as a hub, will assist IDA Ireland in promoting the region for inward investment. It will also 

assist in the development of the necessary critical mass needed in terms of population, skills 

and infrastructure.IDA Ireland will continue to actively promote Cork and the advantages of 

locating in Cork, which include a young skilled population, the presence of both a University 

and an Institute of Technology, the availability of first class business parks, good infrastructure 

and an international airport. 

Over the past 10 years, direct employment in IDA supported companies in Cork City and 

County has grown from 12,449 in 1997 to 20,114 in 2007. There are currently 134 IDA supported 

enterprises in Cork City and County. Recent announcements in Cork include Blizzard, 

SolarWinds and Apex. These projects will significantly add to the value and depth of the 

overseas industry in Cork. In addition to attracting new foreign direct investment, IDA continues 

to work closely with its existing clients in Cork to encourage the expansion of their 

operations. 

Employment in IDA assisted companies in Cork 

Years 2002 2003 2004 2005 2006 2007 

No of companies 137 137 140 141 139 134 

No of company closures 7 6 4 3 8 8 

Permanent Employment 18,363 18,301 18,870 19,339 20,263 20,114 

Gross Gains (New Jobs) 1,688 1,234 1,354 1,265 2,057 1,522 

Jobs Losses −2,027 −1,296 −785 −796 −1,133 −1,671 

Grocery Industry. 

240. Deputy Róisín Shortall asked the Minister for Enterprise, Trade and Employment the 

efforts he is making to respond to the recent substantial increases in the cost of food and 

reports that food prices for basic items look set to rise further. [4007/08] 

Minister for Enterprise, Trade and Employment (Deputy Micheál Martin): I am aware of 

the recent increase in the price of a range of foods in the last number of months. Whilst the 

December 2007 Consumer Price Index as published by the Central Statistics Office shows that 

although the annual rate of inflation fell to 4.7% in December down from 5.0% in November, 

the price of food and non alcoholic beverages increased by 6.3% in the year. 

Rising food prices are being experienced across the world due mainly to a number of factors 

including climatic, economic and demand reasons. A recent report by the Organisation for 

Economic Cooperation and Development and the United Nations’ Food and Agriculture 

Organisation has identified that the rapid expansion of the global biofuel industry is causing 

fundamental changes to agricultural markets and is likely to keep the prices of agricultural 

commodities high over the next decade. A rise in input and transportation costs consequent on 

increased fuel and energy prices has also contributed to the increase in biofuel production. 

567

[Deputy Micheál Martin.] 


Adverse weather conditions which have seen a two-year drought over large parts of Australia 

and an unusually wet summer over much of Western Europe in 2007 together with a drought 

in South-Eastern Europe has had consequent effects on food yields. This has coincided with 

an increased demand for meat and dairy products in significant developing markets such as 

China and India. Notwithstanding the global rise in food prices, Government policy in relation 

to the food prices, remains focussed on ensuring that there is a competitive market in groceries 

as ultimately it is competitive markets that will benefit consumers and the economy as a whole. 

Work Permits. 

241. Deputy Michael Ring asked the Minister for Enterprise, Trade and Employment the 

reason a work permit was refused to a person (details supplied). [4014/08] 

Minister for Enterprise, Trade and Employment (Deputy Micheál Martin): The Employment 

Permits Section of my Department has informed me that this application was refused as the 

immigration status of the applicant precludes him from entering full-time employment. In 

addition, it would be necessary to show evidence of efforts to recruit an EEA national for the 

position concerned. An appeal was lodged and the decision was upheld. 

242. Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Employment 

if a work permit will be offered to a person (details supplied) in County Clare; and if he will 


Minister for Enterprise, Trade and Employment (Deputy Micheál Martin): The employment 

permits section of my Department informs me that no valid application has been received in 

respect of the above named. However, his immigration status as a student would preclude him 

from entering full-time employment. 

Social Welfare Benefits. 

243. Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the reason 

a person (details supplied) in Dublin 2 has to attend Gardiner Street social welfare office twice 

weekly, and has to sign in the asylum unit, despite being an Italian citizen. [3930/08] 

Minister for Social and Family Affairs (Deputy Martin Cullen): The supplementary welfare 

allowance scheme is administered on my behalf by the community welfare division of the 

Health Service Executive. SWA provides a safety net against poverty in that it gives a statutory 

entitlement to a minimum weekly income, based on criteria set out in legislation. The person 

concerned is currently in receipt of SWA pending the hearing of an appeal on a claim for 

Disability Allowance. He presented himself to the Homeless Unit of the Health Service Executive 

(HSE) in order to obtain payment of SWA. The Homeless Unit is located in the Gardiner 

Street office of the HSE. As a rule, individuals who present to the Homeless Unit of the HSE 

and who do not have a permanent address, are required to make weekly visits to the HSE 

office in Gardiner Street with a view to confirmation of current address. 

Foras na Gaeilge. 

244. D’fhiafraigh Deputy Aengus Ó Snodaigh den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta 

an mbíonn ar bhaill de Bhord Fhoras na Gaeilge cruinnithe a fhágaint nuair atá cinntí 

faoi dheontais a bhaineann leis an eagras nó gnó a bhfuil siad féin bainteach leis á ndéanamh, 

nó nuair atá polasaí straitéiseach i leith na hearnála a bhfuil siad gníomhach inti á phlé; agus 

an ndéanfaidh sé ráiteas ina thaobh. [3928/08] 

568


Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): Tuigim ó 

Fhoras na Gaeilge go bhfuil polasaí coimhlint leasa acu atá ag teacht leis na caighdeáin idirnáisiúnta 

is fearr. Bíonn ar chomhaltaí boird cruinniú a fhágáil nuair atá sé soiléir go bhfuil 

coimhlint ann, mar shampla, nuair atá baint acu le tionscadal nó earnáil atá faoi chaibidil; nuair 

atá baint acu le ceann de na grúpaí bunmhaoinithe agus an buiséad do na grúpaí sin á phlé; nó 

nuair atá baint ag duine gaolta le comhalta boird le tionscadal atá a phlé. Tuigim go raibh cur 

iláthair ar an gceist seo don Bhord nua ag a gcéad cruinniú ar 25 Eanáir 2008. 

Community Development. 

245. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs if 

his Department has granted funding to rural hall or community centre organisations that have 

made representations to his Department for funding or grants under any of the schemes of 

funding attached to his Department; the position of such applications; if all of the applications 

for funding have been agreed to; if not, the percentage that have been refused or did not 

qualify; and if he will make a statement on the matter. [3988/08] 

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): My Department 

provides funding for a wide range of projects through a number of schemes and programmes. 

In relation to rural halls and community centre organisations, funding may be available 

under the Community & Voluntary Grants Scheme, the LEADER and CLÁR 

Programmes and Gaeltacht Schemes operated by my Department. Funding my also be available 

for projects, such as the one that the Deputy refers to, through the Dormant Accounts 

Fund. It should be noted that each of the schemes and grant programmes operated by my 

Department are governed by rules and eligibility criteria which projects have to meet in order 

to qualify for funding. All applications, regardless of representations, must meet the rules and 

eligibility criteria governing the relevant schemes. If the Deputy has a specific query in relation 

to any application for funding that my Department has received, I will be pleased to provide 

you with the relevant information. 

Cycle Facilities. 

246. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs the 

position of the programme proposed to provide accessible footpaths and cycle paths adjacent 

to the Grand Canal and all other canals for recreational purposes; and if he will make a statement 


Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): I understand 

that Waterways Ireland is a member of the Irish Trails Strategy Committee, under the Irish 

Sports Council, which includes activities such as canoeing, walking and cycling for the purposes 

of developing appropriate standards. Waterways Ireland also works closely with the National 

Trails Office within the Irish Sports Council in relation to the continued development and 

improvement of National Waymarked Ways as approved walking routes. 

Waterways Ireland has a close working relationship with local authorities along the canal 

network. For example, Waterways Ireland has worked jointly with Dublin City Council to 

upgrade towpaths in Dublin City. They are also working with South Dublin County Council to 

install parallel walkways and cycle ways along the Grand Canal. 

Harbours and Piers. 

247. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs if 

Waterways Ireland or any of the agencies that maintain or control the River Barrow have made 

569

[Deputy Jack Wall.] 


applications for the upgrading of the harbours on the river (details supplied); the agency that 

must make such an application or fund such a proposal; and if he will make a statement on the 

matter. [3990/08] 

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): The Deputy 

will be aware that the Barrow Navigation runs from the confluence of the Barrow Line of the 

Grand Canal with the Barrow River at Horse Bridge in Athy, Co Kildare, to St Mullins in Co 

Carlow. However, the actual harbour to which the Deputy refers is on the River Barrow 

upstream of Horse Bridge and therefore is not within Waterways Ireland’s navigational remit. 

I have no statutory responsibility in relation to any other agency that may have a role in 

the matter. 

Inland Waterways. 

248. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs if an 

application for funding from Waterways Ireland has been made to his Department in relation 

to the upgrading of the Grand Canal especially the upgrading of harbours on the canal; and if 


Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): I wish to 

inform the Deputy that Waterways Ireland has invested significant capital funding since 2000 

on upgrading the Grand Canal as part of the National Development Plan. Further investments 

in improved facilities will be made under the National Development Plan 2007-13. 


249. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs the 

parent based support groups against drug or illicit substances uses that his Department funds 

or has contact with; and if he will make a statement on the matter. [3992/08] 

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy 

Pat Carey): Family support has been identified as a priority under the National Drugs Strategy 

and many drugs projects that are funded by my Department include such support as part of 

the wider range of services that they offer. Approximately 56 projects in Local and Regional 

Drugs Task Force areas focus particularly (but not exclusively in some cases) on family support 

issues, with an estimated annual allocation of over \4.5m. The tables below list those projects 

by Drugs Task Force area. 

Furthermore, an allocation of \150,000 was approved for the Family Support Network in 

2007. This allocation has allowed the existing Family Support Network to be established on a 

more firm and organised footing, thus facilitating the co-ordinated development of local family 

support groups around the country. The funding will also facilitate improved links and partnerships 

between the families of problem drug users and others involved in the National Drugs 

Strategy. 

Finally, the Report of the Working Group on Drugs Rehabilitation, which was published 

last year, recognised that families of problem drug users have the potential to be a key element 

to the rehabilitative effort. The recommendations of that Report will be implemented as part 

of the Programme for Government. 

570


Family Support Projects in Local Drugs Task Force (LDTF) Areas 

Task Force Area Project 2008 Allocation 

Cork LDTF Family Support Worker 65,000 

Family Therapy 110,979 

Canal Communities LDTF Drop-In Worker 52,391 

Clondalkin LDTF CASP Family Support Worker 56,964 

Bawnogue Youth & Family Support Group 57,406 

CASP Late night Drop-In 7,172 

Aftercare Project 13,796 

Outreach Drop-In Service 92,708 

Dublin 12 LDTF Family Support Lower Crumlin 72,980 

Walkinstown Greenhills Community Resource Centre 294,587 

Finglas Cabra LDTF FAST Drop-In Service 269,809 

Let’s Start Project 27,977 

Promote & set up Family Support Groups 6,961 

North East LDTF Edenmore Youth & Family Support 79,500 

North Inner City LDTF Snug Counselling Service 161,839 

Chrysallis Community Drug Project 245,381 

South Inner City LDTF Mercy Family Centre, Support Worker 54,000 

Family Support Project 54,961 

Whitefriar Street Family Support Worker 48,554 

CAP: Family Support Project 64,271 

Casadh: Family Support Worker 39,568 

Blanchardstown LDTF Blanchardstown LDTF Family Support 84,776 

Huntstown/Hartstown CDT 50,084 

Mountview/Blakestown Youth Initiative Family 

Support Worker 70,226 

Expansion of WEB project 71,665 

Ballymun LDTF DCC Family Support Workers 72,547 

Lifestart 158,332 

Childcare Worker & Outreach Programme 13,435 

Outfit Programme 27,145 

Total 2,425,014 

\ 

Family Support Projects in Regional Drugs Task Force Areas 

Task Force Area County / Area covered by Project Approved 

Project 

Annual 

Allocation 

\ 

East Coast RDTF Wicklow Co. Wicklow Community Addiction 

Team 459,110 

Wicklow 

Wicklow Town Child & Family Support 

Project 21,000 

Wicklow 

ISPCC, Training and Awareness Officer 

Service 113,737 

Wicklow Living Life Counselling 10,000 

Wicklow Counselling Service for Rural Wicklow 50,000 

571

[Deputy Pat Carey.] 


Task Force Area County / Area covered by Project Approved 

Project 

Annual 

Allocation 

Northern Area RDTF Dublin Greater Blanchardstown Response to 

Drugs 60,000 

Dublin 

Drug Awareness Programme Parents’ 

Support Manual 76,312 

Dublin 

Campaign strategy for targeting C.I.C. 

workers 19,000 

Dublin RDTF Information Campaign 40,000 

South West RDTF South West Region Drug Education Co-ordinator 105,106 

North East RDTF North East Region North East Family Support Network 5,000 

Meath South Meath Response 78,700 

Cavan Cavan Drug Awareness 150,000 

Louth Way of the Cross Crossroads Project 125,000 

Louth Make Change Project 65,010 

North West RDTF Donegal White Oaks Rehabilitation Centre 65,000 

North West Region Peer Education Programmes 30,000 

South East RDTF Kilkenny Croí Nua, Aislinn Centre 65,000 

Waterford 

Inner City Ferrybank Community Drugs 

Awareness 50,333 

Kilkenny Family Support Worker 23,405 

South East Region Family Support Development Worker 65,290 

Southern RDTF Cork Matt Talbot Adolescent Services 

Aftercare Programme 40,000 

Cork Fellowship House for Men Aftercare 50,000 

Southern Region Strengthening Families Programme 30,000 

Western RDTF Mayo Hope House Family Support 50,000 

Mid-West RDTF Mid-West Region Family Support Project 50,000 

Midlands RDTF Midlands Region Midlands Family Support & Community 

Harm Reduction Programme 291,255 

Total 2,188,258 

Decentralisation Programme. 

250. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs 

the position in relation to relocating his Department to a location (details supplied) in County 

Mayo; and the time-scale involved for the relocation. [4013/08] 

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): Negotiations 

for the purchase of a site by the Office of Public Works for the Department’s headquarters at 

the location referred to by the Deputy are at an advanced stage. It is not possible at this 

juncture, however, to say precisely when the new headquarters will be ready. In the meantime, 

76 of the 140 staff of my Department originally due to relocate to Co Mayo have transferred 

to an interim location in Tubbercurry, Co Sligo. It is planned to increase the number at the 

interim location to just over 100 from March 2008. 

Medicinal Products. 

251. Deputy Tony Gregory asked the Minister for Community, Rural and Gaeltacht Affairs 

if his attention has been drawn to the sale of the drug BZP in certain shops (details supplied); 

if it is the case that this drug is banned from sale in all European countries except Ireland; if 

572


his further attention has been drawn to the widespread concern that this drug causes serious 

psychological disorder; and if he will make a statement on the matter. [4028/08] 

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy 

Pat Carey): I am aware that Benzylpiperazine (BZP), a synthetic psychotropic substance, is for 

sale in certain shops and I have serious concerns over its safety. I understand that some users 

of such substances have reported a range of adverse reactions such as vomiting, headache, 

palpitations, poor appetite, stomach pains/nausea, anxiety, insomnia, mood swings, confusion, 

irritability and tremors. 

The issue of BZP has been discussed on a number of occasions at meetings of the Inter 

Departmental Group on Drugs (IDG), which I chair. These discussions were in the context of 

EU consideration of the substance. In this context, it should be noted that Ireland was among 

the countries that, in March last year, requested the European Council to conduct a risk assessment 

procedure on the substance, which is not banned at present in most European counties. 

The European Monitoring Centre for Drugs and Drug Addiction completed its investigation 

in June 2007 and reported back to the Commission recommending tighter controls. Arising 

from this, the Commission decided to ask the Council to place BZP under control, in accordance 

with the 1971 UN Convention on Psychotropic Substances. The Council will decide over 

the coming months if BZP is to be placed under such control. If the decision is to place the 

substance under control, Member States would then be required to introduce controls in line 

with national laws no later than one year after the Council’s decision. 

The Deputy will appreciate that the implementation of any such decision rests with the 

Department of Health & Children, which has responsibility for keeping the list of scheduled 

substances under review. 

Grant Payments. 

252. Deputy Phil Hogan asked the Minister for Community, Rural and Gaeltacht Affairs the 

grant assistance paid in respect of a company (details supplied); the year in which that assistance 

was paid; and if he will make a statement on the matter. [4230/08] 

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): In 2000, 

responsibility for funding the provision of air services to the Aran Islands was transferred from 

Údarás na Gaeltachta to my Department. Subsequent to this, in 2002, a Public Service Obligation 

was introduced on the Aran Islands-Galway/Na Mine air route in line with EU rules 

and, since then, the company to which the Deputy refers has succeeded in winning the publicly 

tendered contract to provide the service on two occasions. 

A breakdown of assistance provided by my Department to the said company in respect of 

the provision of these services for the period 2000-07 is given in the table below: 

Year 

Amount 

\ 

2000 285,373 

2001 279,765 

2002 517,131 

2003 725,584 

2004 847,476 

2005 792,716 

2006 1,061,895 

2007 999,154 

573

[Deputy Éamon Ó Cuív.] 


Information in regard to assistance provided by Údarás na Gaeltachta is published in that 

organisation’s Annual Report and Accounts which, under sections 18 and 19 of the Údarás na 

Gaeltachta Act 1979, are laid annually before each of the Houses of the Oireachtas. 

Harbours and Piers. 

253. Deputy Eamon Scanlon asked the Minister for Agriculture, Fisheries and Food the 

proposals for the commencement of the planned harbour development of the North Harbour 

at Cape Clear vis-a-vis dredging and the provision of a break water; and if she will make a 


Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): My Department is 

responsible for the upkeep and maintenance of the harbour at Cape Clear in accordance with 

the 1902 ex-congested piers, lights and Beacons Act. 

A survey using gauge equipment and wave buoys to investigate wave conditions in the harbour 

commenced in 2007. \100,000 was spent on the survey in 2007 and a further \100,000 will 

be spent to complete the study in 2008. 

The results of the study will be used to determine the best development option for Cape 

Clear Harbour, including an assessment of the need for a breakwater to be constructed or 

dredging to be carried out. 

Coastal Erosion. 

254. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food further to 

Parliamentary Question No. 804 of 30 January 2008, if his attention has been drawn to the 

coastal erosion problems at Quilty, County Clare; the steps he proposes to take to protect the 

beach and property; and if she will make a statement on the matter. [4010/08] 

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The Beach at Quilty, 

Co. Clare is owned by Clare County Council and responsibility for its maintenance and 

development is a matter for the local authority in the first instance. 

It should be noted that in line with a recent Government decision, responsibility for Coastal 

Protection and Coastal Flooding will become the responsibility of the Department of Environment, 

Heritage and Local Government and arrangements are currently in train to effect 

the transfer. 

Pending the transfer my Department is currently inviting proposals from Local Authorities 

for inclusion in the 2008 Coastal Protection Programme. 

Any application received from Clare County Council for funding under the 2008 Coastal 

Protection Programme will be considered based on Exchequer funding and overall national 

priorities going forward. 


255. Deputy Mary O’Rourke asked the Minister for Agriculture, Fisheries and Food if she 

will review the case of a person (details supplied) in County Westmeath. [3923/08] 

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The position is that 

an application under the Single Payment Scheme was received from the person named on 2 

May 2007. 

574


As part of the control procedures under EU legislation governing the Single Payment 

Scheme, the application was randomly selected for and was the subject of satellite eligibility 

and an on the spot cross compliance inspection. 

During the course of the cross compliance inspection, irregularities were discovered with 

regard to the requirements of the nitrates directive that resulted in a 3% cross compliance 

penalty being recorded. 

A request to review the findings of the cross compliance inspection was received on the 22nd 

January 2008. This review is currently being considered and the person named will be informed 

of the outcome shortly. If the person concerned is not happy with the outcome of the review 

he has the right to appeal the outcome of the review to the independent Agriculture Appeals 

Office. 

Rural Environment Protection Scheme. 

256. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food her 

plans to compensate the 200 farmers in the Owenduff-Nephin complex protection area when 

they become REP scheme four; and if she will make a statement on the matter. [3934/08] 

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): REPS farmers in this 

area received payment, under an agreement with the National Parks and Wildlife Service of 

the Department of the Environment, Heritage and Local Government, for undertaking a new 

grazing regime which was necessary to deal with serious environmental problems caused by 

overgrazing. The agreement was confined to farmers in REPS 2 and REPS 3 on the grounds 

that the specification for REPS 4 would contain a requirement for a grazing regime to include 

a sustainable stocking requirement to protect against both undergrazing and overgrazing. Such 

a provision is included in the current REPS 4 specification. Consequently there are no grounds 

on which an additional payment under REPS 4 could be justified. 

In addition, payment rates in REPS 4 are 17% higher than those in REPS 3, in accordance 

with the partnership agreement with the farming organisations. 

Fur Farming. 

257. Deputy Olwyn Enright asked the Minister for Agriculture, Fisheries and Food her views 

on fur farming; and if she will make a statement on the matter. [3970/08] 

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Under the Musk 

Rats Act, 1933 (Application to Mink) Order 1965, the keeping of mink is prohibited except 

under licence, obtained from my Department. Licences are issued under this legislation only if 

the applicant, following an inspection, is found to be compliant with a number of key conditions. 

I, as Minister for Agriculture, Fisheries and Food, may withdraw or amend any of these 

conditions and may add further conditions where necessary. 

Licensed fur farms are also inspected to assess compliance with the Council of Europe recommendations 

concerning fur animals and Council Directive 98/58/EC concerning the protection 

of animals kept for farming purposes. These inspections have to date found that the licensed 

fur farms have been operating in compliance with current legislation. Inspections have also 

found that the slaughter methods employed by the licensed fur farms are permitted under the 

Sixth Schedule of the European Communities (Protection of Animals at Time of Slaughter) 

Regulations, 1995. The licensed fur farms operating in this country meet current national and 

EU requirements. 

575

[Deputy Mary Coughlan.] 


Fur Farming is considered to be a legitimate farming activity throughout the greater majority 

of Member States of the European Union, the exceptions being the UK where fur farming was 

banned from January 2003 and Austria and Luxembourg where fur farming is not permitted. 


258. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason 

a reply was not given to a parliamentary question (details supplied) that was raised with 

her. [4012/08] 

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): As indicated in my 

previous reply, applications received under the Farm Improvement Scheme are being processed 

by my Department up to the level of funding provided for the Scheme in the 2006 partnership 

agreement, Towards 2016. 

Applications for grant-aid under the Farm Improvement Scheme were received from the 

person concerned on 26 and 31 October 2007 and are, therefore, eligible for consideration 

subject to funding still being available at the time these applications are processed. 

259. Deputy Olwyn Enright asked the Minister for Agriculture, Fisheries and Food when a 

person (details supplied) in County Laois will be awarded moneys due under the REP scheme; 

and if she will make a statement on the matter. [4029/08] 

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person named 

is a participant in REPS 3. In the course of the ongoing discussions on the payment arrangements 

for REPS, the European Commission have very recently raised questions about the 

established practice of paying REPS 2 and REPS 3 farmers at the beginning of each contract 

year. My officials have argued strongly with the Commission that the practice of paying at the 

start of the contract year is well established and one of which the Commission is well aware. I 

made the same points directly to Commissioner Fischer Boel when I met her in Dublin last 

week. My officials and I are pressing for a quick resolution to the issue, but until the matter is 

clarified my Department is not in a position to release payments under REPS 2 and REPS 3. 

State Examinations. 

260. Deputy Mary Upton asked the Minister for Education and Science her views on Chinese 

as a junior and leaving certificate subject; and if she will make a statement on the matter. 

[3912/08] 

Minister for Education and Science (Deputy Mary Hanafin): I am aware of the rising number 

of foreign national students in our school system, and also that there are over one hundred 

languages, other than Irish or English, spoken in Ireland. The facilities we currently provide 

for our newcomer students in the examination system are expanding each year and are kept 

under regular review by my Department. In addition, the number of language support teachers 

has increased dramatically in recent years. 

Apart from the eleven curricular languages studied and examined in the Leaving Certificate 

examination, the State Examinations Commission provides examinations in a range of noncurricular 

languages. These are languages which do not appear as part of the normal school 

curriculum but which students may opt to be examined in under certain conditions, chief among 

which are the requirements that: 

• the candidates for these examinations be from a member state of the EU; 

576


• they speak the language in which they opt to be examined as a mother tongue; 

• they are following a programme of study leading to the Leaving Certificate; and 

• they are taking the Leaving Certificate examination in English. 

In 2007 there were candidates in fifteen such languages, facilitating EU students who might be 

described as ‘non-anglophone’ in sitting an examination in their own language. This number 

has increased from nine in 2005. 

My Department has no plans to extend further the number of languages available as part of 

the curriculum in first and second level schools at this time. 

Schools Building Projects. 

261. Deputy Paul Kehoe asked the Minister for Education and Science if she has reorganised 

the spending proposals for national school capital works in schools outside of the Dublin area; 

if she is proposing to delay the allocation of capital funds to schools outside of Dublin for 2008; 


Minister for Education and Science (Deputy Mary Hanafin): I am pleased to inform the 

Deputy that I announced on 1 February the first tranche of projects to proceed to construction 

in 2008. My announcement included details of the 18 large scale building projects approved for 

construction and a further 30 new primary schools in rapidly developing areas, being planned 

to be in place by next September. In all, 21 counties outside of Dublin have been included in 

the list. 

This is the first tranche of projects that will commence construction during 2008 and 2009. It 

is my intention to make a further announcement after Easter to allow a further batch of schools 

to commence construction and to update progress on the new schools planned for September 

2008 delivery on developing areas. 

262. Deputy Paul Kehoe asked the Minister for Education and Science the funding status of 

a school (details supplied) in County Limerick, including dates for which the new building 

program is expected to be sanctioned by her Department; and if she will make a statement on 


Minister for Education and Science (Deputy Mary Hanafin): I announced recently a list of 

schools which are due to go to construction in 2008. My Department will be in contact with 

the school authorities over the next number of days to advise on the most appropriate preparation 

schedule applicable on each project. 

The school to which the Deputy refers is not included in that announcement. However, I 

intend to make further announcements regarding projects that will be proceeding to construction 

during the course of the year as the school building programme is rolled out. The next 

announcement will occur after Easter. 

263. Deputy Paul Kehoe asked the Minister for Education and Science the schools that have 

been allocated funding for 2008 capital works; the time-frame for the allocation of those funds; 



Deputy that I announced on the 1st February the first tranche of projects to proceed to construction 

in 2008. My announcement included details of the 18 large scale building projects 

approved for construction and a further 30 new primary schools in rapidly developing areas, 

577

[Deputy Mary Hanafin.] 


being planned to be in place by next September. My Department will be in contact with the 

school authorities of the 18 large scale projects over the next number of days to advise on the 

most appropriate preparation schedule applicable on each project. 

This is the first tranche of projects that will commence construction during 2008 and 2009. 

The immediate task is to ensure that the projects in this first phase are advanced to construction 

immediately to ensure delivery of the maximum number of school places in order to meet the 

increased school population. With almost \600 million to be spent this year on school building 

projects we need to manage the projects on a rolling basis throughout the year in order to 

deliver the best outcome for our investment. It is my intention to make a further announcement 

after Easter to allow a further batch of schools to commence construction and to update progress 

on the new schools planned for September 2008 delivery in developing areas. 

State Examinations Committee. 

264. Deputy Paul Kehoe asked the Minister for Education and Science if, in order to assist 

a reunion committee, the State Examinations Commission will provide a list of the students in 

a school (details supplied) in County Wexford who sat their leaving certificate in 1975; and if 

she will make a statement on the matter. [3921/08] 

Minister for Education and Science (Deputy Mary Hanafin): The State Examinations Commission 

has statutory responsibility for operational matters relating to the certificate examinations. 

However, it would not be appropriate under Data Protection legislation to provide 

information of the type requested. Personal information must be stored securely, not supplied 

to a third party, and used only for the purpose for which it was gathered. Use of local newspapers, 

radio and internet might enable the parties concerned to get in touch. 

Schools Refurbishment. 

265. Deputy Jim O’Keeffe asked the Minister for Education and Science the closing date for 

the receipt of applications for the small school scheme 2007 and the closing date for same for 

2008. [3943/08] 

Minister for Education and Science (Deputy Mary Hanafin): The closing date for the Small 

School Scheme 2007 was in October 2006 and successful applicants were announced in March 

2007. There is no decision on the 2008 Small School Scheme. 

School Management. 

266. Deputy Ruairí Quinn asked the Minister for Education and Science if her attention has 

been drawn to the fact that a school in County Dublin is open for five hours and twenty minutes 

which violates her Department’s Primary Circular 11/95 to the boards of management and 

principals of nationals schools which stipulates that a full school day comprises a period of not 

less than five hours and forty minutes; the action she will take to ensure that this school adheres 

to the primary circular; and if she will make a statement on the matter. [3953/08] 

Minister for Education and Science (Deputy Mary Hanafin): Under the provisions of the 

Education Act, 1998, the board of management is the body charged with the direct governance 

of a school. In general, the Board has the responsibility to ensure that the school operates 

efficiently and effectively. 

Boards of Management are required to comply with the relevant provisions of the Education 

Act 1998, the Rules for National Schools and the terms of Circulars issued by my Department. 

578


Circular 11/95 states that a typical school day for Junior classes is 4 hours 40 minutes and 

Senior classes 5 hours and 40 minutes with appropriate recreation. 

My Department supports the principle that concerns in relation to national schools should 

be raised in the first instance at school level. My Department will only become involved in an 

investigation of specific complaints after every effort has been made to resolve the matter at 

local level. Therefore, the issue raised should be brought to the attention of the Board of 

Management of the school concerned in the first instance. 

In the event that the deliberations of the Board of Management result in the issue remaining 

unresolved, it may then be referred to my Department, where a decision will be taken on an 

appropriate course of action. 


267. Deputy Tom Sheahan asked the Minister for Education and Science if the building of 

a new coeducational school which would see the amalgamation of schools (details supplied) in 

County Kerry, is in the new starts programme for 2008; the possible start date for the new 

school; and if she will make a statement on the matter. [3960/08] 

Minister for Education and Science (Deputy Mary Hanafin): Delivery of all building projects, 

including the project in question, will be considered in the context of my Department’s multiannual 

School Building and Modernisation Programme. 

I announced recently a list of schools which are due to go to construction in 2008. My 

Department will be in contact with the school authorities over the next number of days to 

advise on the most appropriate preparation schedule applicable on each project. I intend to 

make further announcements regarding projects that will be proceeding to construction during 

the course of the year as the school building programme is rolled out. The next announcement 

will occur after Easter. 

268. Deputy Willie Penrose asked the Minister for Education and Science if she will authorise 

a primary school (details supplied) in County Westmeath to proceed to construction without 

further delay; and if she will make a statement on the matter. [3961/08] 

Minister for Education and Science (Deputy Mary Hanafin): I announced recently a list of 

schools which are due to go to construction in 2008. My Department will be in contact with 

the school authorities over the next number of days to advise on the most appropriate preparation 

schedule applicable on each project. 

The school to which the Deputy refers is not included in that announcement. However, I 

intend to make further announcements regarding projects that will be proceeding to construction 

during the course of the year as the school building programme is rolled out. The next 

announcement will occur after Easter. 

269. Deputy Willie Penrose asked the Minister for Education and Science if she will give 

unequivocal approval to a school (details supplied) in County Westmeath to enable it to proceed 

to construction; and if she will make a statement on the matter. [3962/08] 

Minister for Education and Science (Deputy Mary Hanafin): I am pleased to advise that the 

school to which the Deputy refers has been included in my recent announcement of building 

projects that will progress to construction in 2008. My Department will be in contact with the 

school authorities over the next number of days to advise on the most appropriate preparation 

schedule applicable on this project. 

579


School Accommodation. 

270. Deputy Willie Penrose asked the Minister for Education and Science her plans to 

provide necessary additional accommodation at a school (details supplied) in County Westmeath; 

if same will be given the necessary approval for this vital accommodation; and if she 


Minister for Education and Science (Deputy Mary Hanafin): On 5 March 2007, I announced 

details of the schools to receive funding under the Small Schools Scheme 2007. The application 

from the school to which the Deputy refers was successful and officials from School Building 

Section have been in contact with the school authority advising them of the steps to be taken 

to progress the project.This is a devolved project and as such the school management authority 

is the driver of the project. They applied for planning permission last October. 

271. Deputy Dinny McGinley asked the Minister for Education and Science if an application 

has been received from a school (details supplied) in County Donegal for prefab accommodation 

for resource teaching; when the application was received in her Department; if it is 

being considered at present; if the application will be approved; and if she will make a statement 


Minister for Education and Science (Deputy Mary Hanafin): The application in question has 

been received in the Department and is currently under consideration. A decision on the outcome 

of the application will be communicated to the school authorities soon. 

272. Deputy Brian Hayes asked the Minister for Education and Science if she will confirm 

that a school (details supplied) in Dublin 7 will be able to move into the Grangegorman Dublin 

Institute of Technology site in the first wave of new buildings on this site. [3976/08] 

Minister for Education and Science (Deputy Mary Hanafin): The Grangegorman Development 

Agency has been informed by my Department that a site for a sixteen classroom school 

is required for the school in question and that provision should be made for this in the overall 

strategic plan for the development of the Grangegorman site. 

The proposed phasing for the delivery of the various aspects of the development will be 

identified by the Grangegorman Development Agency as part of the strategic plan as outlined 

in Section 12 of the Grangegorman Development Act 2005. Work on the preparation of the 

strategic plan is under way at the moment. 

273. Deputy Brian Hayes asked the Minister for Education and Science the plans that exist 

to provide alternative school premises for a school (details supplied) in Dublin 7 in view of 

their pending eviction from their current premises by summer 2008; if her Department will 

liaise with the school to agree a plan; and if she will make a statement on the matter. [3977/08] 

Minister for Education and Science (Deputy Mary Hanafin): The Department acknowledges 

the need for a solution to the accommodation difficulties at the school to which the Deputy 

refers and it is committed to working to achieve a satisfactory solution as soon as possible. The 

Department has not been notified by the school authorities of a pending eviction from their site 

and the school authorities should liaise with Department officials regarding this immediately. 

With regard to a permanent solution for the school, the task of locating suitable accommodation 

in an area where a school wants to be permanently located is not always an easy one 

and cannot be underestimated particularly where an area is built up, as is the case with the 

school in question. 

580


The Department is actively pursuing a number of options. One of these options is the building 

of a permanent structure on the school’s current site. A number of issues have arisen in 

relation to this proposal for which clarification is being sought. When progress has been made, 

the school authorities will be notified immediately. 


274. Deputy Charles Flanagan asked the Minister for Education and Science further to 

Parliamentary Question No. 1050 of 30 January 2008, the name and address of every school 

which received retrospective funding for capital projects in each of the years 2002 to 2007; the 

amount of funding that was allocated in each case and the purpose for which it was allocated; 


Minister for Education and Science (Deputy Mary Hanafin): As previously advised to the 

Deputy, is not the policy of my Department generally to sanction retrospective funding for 

projects which were progressed without prior approval. In limited and very exceptional cases, 

it has been necessary to provide retrospective funding for certain projects. 

My Department does not keep an inventory of projects where retrospective funding may 

have been sanctioned. If the Deputy has a particular case in mind he should provide the details 

to the School Building Section of my Department for examination. 


275. Deputy Jack Wall asked the Minister for Education and Science the number of parent 

support groups against the use of drugs or illicit substances that her Department has funded 

or met with; the amount of funds allocated; and if she will make a statement on the matter. 

[3993/08] 

Minister for Education and Science (Deputy Mary Hanafin): My Department contributes 

fully to the overall aim of the Government’s policy in relation to drugs, which is to provide an 

effective, integrated response to the problems posed by drug misuse. As part of this process, 

my Department is represented at senior level on the National Drugs Strategy Team and on the 

Interdepartmental Group which in turn reports to the Cabinet Committee on Social Inclusion. 

In addition, my Department is represented on all Drugs Task Forces, both Local and Regional. 

Through representation on these groups officials in my Department have built up contacts with 

a wide range of community and voluntary groups. 

With regard to funding, \3.7m has been allocated by this Department to fund 36 mainstreamed 

Local Drugs Task Force projects in 2008. These include community, outreach, youth, 

traveller and school based programmes operated mainly through the Dublin City, Co Dublin 

and Dun Laoghaire VECs. 

School Accommodation. 

276. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science the 

number of schools currently using prefabs as classrooms; and if she will provide a breakdown 

of same by county. [4006/08] 

Minister for Education and Science (Deputy Mary Hanafin): The information sought by the 

Deputy is not readily available. However the Deputy can be assured that every effort is made 

by my Department to keep expenditure on prefabricated accommodation as low as possible. 

Where accommodation is needed at very short notice, however, a temporary solution can be 

the only option. Such accommodation may also be used where the need is short-term, such as 

581

[Deputy Mary Hanafin.] 


when a school requires a temporary building while it is awaiting the completion of construction 

of permanent facilities. 

During the period of the last National Development Plan 2000-2006, record levels of investment 

and the streamlining of delivery systems allowed a major acceleration of the school building 

programme with over \2.6 billion was invested in upgrading existing school infrastructure 

and providing new school accommodation at both first and second-level. This delivered over 

7,800 building projects involving tens of thousands of extra permanent school places. This 

investment has helped to increase capacity and transform the standard of accommodation in 

many schools throughout the country. 

The new NDP 2007-2013 will involve an investment of over \4.5 billion in school buildings. 

This funding will enable my Department to continue to take a proactive approach to the provision 

of modern school accommodation particularly in developing areas. Projects undertaken 

in 2007 alone will deliver over 1,500 projects which will ultimately deliver over 700 classrooms 

to provide permanent accommodation for over 17,500 pupils, mainly in developing areas. My 

Department will target funding, as appropriate, in order to ensure that additional school accommodation 

is provided in developing areas within the earliest possible timeframes. 

Innovations in the delivery of school buildings such as Generic Repeat Designs and the use 

of the Design and Build model have been introduced to ensure that new school buildings are 

delivered in the fastest time-frame possible. Much greater authority has also been devolved to 

local school management boards to manage and deliver smaller building projects, thereby freeing 

the Department to concentrate on the larger scale projects. 


277. Deputy Joe Carey asked the Minister for Education and Science when a school (details 

supplied) in County Clare will be allowed to proceed with the development of the new school; 


Minister for Education and Science (Deputy Mary Hanafin): I am pleased to advise the 

Deputy that the school in question has been included in my recent announcement of school 

projects that are progressing to construction. 

My Department will be in contact with the school authorities over the next number of days 

to advise on the most appropriate preparation schedule applicable to this project. 

278. Deputy Dan Neville asked the Minister for Education and Science the status of an 

application by a school (details supplied) in County Limerick; and if she will make a statement 


Minister for Education and Science (Deputy Mary Hanafin): A schedule of overall accommodation 

for a projected long-term enrolment of 800 has been drawn up and agreed with the 

School Authorities for the school to which the Deputy refers. A green field site for the new 

proposed school has been identified by Limerick VEC and is at acquisition stage. Once the 

site issues are finalised, the project will be progressed in the context of the School Building 

and Modernisation Programme. 

279. Deputy John O’Mahony asked the Minister for Education and Science if she would be 

specific in respect of the date of the announcement of the first tranche of projects that will 

proceed to construction in 2008 (details supplied); and if she will make a statement on the 

matter. [4034/08] 

582



Deputy that I announced on 1 February the first tranche of projects to proceed to construction 

in 2008. My announcement included details of the 18 large scale building projects approved for 

construction and a further 30 new primary schools in rapidly developing areas, being planned 

to be in place by next September. My Department will be in contact with the school authorities 

of the 18 large scale projects over the next number of days to advise on the most appropriate 

preparation schedule applicable on each project. This is the first tranche of projects that will 

commence construction during 2008 and 2009. The immediate task is to ensure that the projects 

in this first phase are advanced to construction immediately to ensure delivery of the maximum 

number of school places in order to meet the increased school population. With almost \600million 

to be spent this year on school building projects we need to manage the projects on a 

rolling basis throughout the year in order to deliver the best outcome for our investment. It is 

my intention to make a further announcement after Easter to allow a further batch of schools 

to commence construction and to update progress on the new schools planned for September 

2008 delivery in developing areas. 

280. Deputy Jimmy Deenihan asked the Minister for Education and Science if she will confirm 

that her Department has received an application for a new gaelscoil from the board of 

management of a school (details supplied) in County Kerry; if she will advance the project to 

the next stage; and if she will make a statement on the matter. [4039/08] 

Minister for Education and Science (Deputy Mary Hanafin): An application for capital funding 

towards the provision of a new school building has been received from the school authority 

referred to by the Deputy. An assessment of the projected enrolment trends, demographic 

trends and the housing developments in the area will be required to determine the long term 

projected staffing figure on which the school’s accommodation needs will be based. The school 

building project will be considered in the context of the school building programme. 

281. Deputy Charles Flanagan asked the Minister for Education and Science the position in 

regard to the application for additional buildings by a school (details supplied) in County 

Carlow; and if she will make a statement on the matter. [4095/08] 

Minister for Education and Science (Deputy Mary Hanafin): The Deputy will be aware of 

the significantly increased activity in the area of provision of additional school accommodation 

as a result of the recent demographic changes. In this context, the Department’s technical 

unit have carried out a large number of technical inspections in order to progress new school 

building/extension projects to Design Team Appointment stage. A technical inspection has 

been carried out in the school to which the Deputy refers and a report has been completed. A 

Conservation Architect is now recommended to examine the existing school building. The 

Department will be in contact with the school’s management authority when appointing the 

required consultant. 

Higher Education Grants. 

282. Deputy Denis Naughten asked the Minister for Education and Science if an applicant 

who is out of the education system for five years or more and subject to meeting means test 

criteria, can receive a higher education grant for an approved course at the same level as a 

course that the applicant has already passed; and if she will make a statement on the 

matter. [4102/08] 

583


Minister for Education and Science (Deputy Mary Hanafin): Under the terms of the maintenance 

grants schemes grant assistance is awarded to students who meet the prescribed conditions 

of funding including those which relate to age, residence, means, nationality and previous 

academic attainment. The decision on eligibility for third level grants is a matter for the relevant 

assessing authority- i.e. the Local Authority or VEC. Grant aid shall not be paid to a candidate 

who already holds a qualification and wishes to pursue a further qualification at the same level 

irrespective of whether or not a grant was paid previously. An assessing authority has discretion 

to waive this provision in exceptional circumstances such as certified serious illness. Grants 

shall not be paid to candidates who already hold a Level 8 (Honours Bachelor Degree qualification 

or equivalent qualification) and are pursuing a second such qualification. However, 

notwithstanding this condition the following candidates may be deemed eligible for grant aid: 

(i) candidates who already hold a Level 6 qualification (Higher Certificate or National 

Certificate) or Level 7 (Ordinary Bachelor Degree or National Diploma) and are progressing 

to a Level 8 (Honours Bachelor Degree) course, without necessarily having received an exemption 

from the normal duration of the course; and (ii) candidates who have satisfactorily completed 

two years of a Level 7 (Ordinary Bachelor Degree or National Diploma) course, and 

gain admission through exemption, to year two of a Level 8 (Honours Bachelor Degree) course. 

In all instances candidates are advised to contact their local assessing authority to ensure all 

relevant information is provided to determine eligibility. 

School Enrolments. 

283. Deputy David Stanton asked the Minister for Education and Science further to 

Parliamentary Question No 1079 of 30 January 2008 the projected enrolment trends for the 

primary schools (details supplied) in east Cork; and if she will make a statement on the 

matter. [4234/08] 

284. Deputy David Stanton asked the Minister for Education and Science further to 

Parliamentary Question No 549 of 26 June 2007, the projected enrolment trends for second 

level schools (details supplied) in east Cork; and if she will make a statement on the 

matter. [4235/08] 

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions 

Nos. 283 and 284 together. 

I wish to advise the Deputy that the information requested is not readily available. However, 

if the Deputy has a query to a specific school officials from the Department’s Planning and 

Building Unit will be in a position to advise. 

Special Educational Needs. 

285. Deputy David Stanton asked the Minister for Education and Science if her Department 

funds or organises speech therapy for children with disabilities, including those with Down’s 

syndrome, in primary and second level schools; and if she will make a statement on the 

matter. [4236/08] 

Minister for Education and Science (Deputy Mary Hanafin): My Department does not fund 

or organise speech therapy for children with disabilities within the school system. As the 

Deputy will be aware, the provision of therapy services, including speech therapy for people 

with disabilities, is a matter for the Health Services Executive (HSE) and funding is provided 

to the HSE for such purposes. 

584


Defence Forces Property. 

286. Deputy Joe Carey asked the Minister for Defence the position with regard to the provision 

of a soccer pitch for a club (details supplied) in County Clare at the lands owned by his 

Department at Knocklasheen, Meelkick, County Clare; and if he will make a statement on the 

matter. [3916/08] 

Minister for Defence (Deputy Willie O’Dea): A request has been received in my Department 

from the club in question for the use of an area of Department of Defence lands at Knockalisheen 

as a site for a soccer pitch. The matter is currently under consideration in my Department. 

In this regard, I expect that a decision will be taken shortly on the matter. 

Defence Forces Contracts. 

287. Deputy Jack Wall asked the Minister for Defence the contracts entered into or proposed 

in relation to facilities (details supplied) in County Kildare; the number and type of facility 

that such a contract covers; the number of tenders received in relation to this contract; if the 

contract is a new one or if in previous years such a contract was offered by his Department; if 

so, the cost in each year of such a contract; and if he will make a statement on the matter. 

[3979/08] 

Minister for Defence (Deputy Willie O’Dea): The contract referred to by the Deputy is for 

the Supply of Kitchen Cleaning Services at the Curragh Camp, Co.Kildare. There are four 

locations in the Camp covered by the contract; The Officers Mess and Dining Centre in Ceannt 

Barracks and the Officers Mess and Dining Centre in the Military College. 

The current contract will expire on 31 August, 2008. A contract notice containing details of 

the tender competition for a new contract for the same facilities was published in the Official 

Journal of the European Union on 30 January, 2008. The closing date for submission of tenders 

is 29 July, 2008. 

Kitchen cleaning services at these locations in the Curragh Camp have been contracted out 

on a continuous basis since 1999. The current contract is held by Eurest, 43a Yates Way Business 

Park, Dublin 12. The company was awarded a 3-year contract (renewable annually) in 

2005 following a tender competition which was advertised in the Official Journal of the European 

Union and for which 3 tenders were received. The contract covers the period 1 September 

2005 to 31 August 2008. A total of just under \2 million has been spent on the contract up to 

31 January 2008. 

Visa Applications. 

288. Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he 

will review the case of a person (details supplied) in County Westmeath; and if he will make a 


Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person concerned 

was granted business permission for an initial period of 12 months, valid until 12 March 

2008. This permission is subject to review at the end of this 12 month period. The person in 

question must apply for renewal of business permission four weeks prior to the expiry of the 

period of permission granted. Renewal will be subject inter alia to evidence of business activity 

and viability. 

Closed Circuit Television Systems. 

289. Deputy James Bannon asked the Minister for Justice, Equality and Law Reform the 

585

[Deputy James Bannon.] 


steps he is taking to alleviate the problem facing Longford Town, which has been allocated a 

grant of \184,000 for the installation of closed circuit television but are unable to advance this 

project due to a requirement that it is approved by a joint policing committee which Longford 

does not have. [4005/08] 

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Under the Community-based 

CCTV scheme run by my Department I announced the award of grant funding 

to Longford Town Council to assist the town council with the capital costs associated with the 

development of a local CCTV system. The overarching aim of the scheme is to empower local 

groups, in partnership with the local authorities and An Garda Síochána, to develop their own 

CCTV systems. 

In accordance with the Garda Síochána Act 2005, applications for authorisation for community 

CCTV must be approved by the Joint Policing Committee for the relevant local authority 

area. The 29 Joint Policing Committees currently established on a pilot phase operate 

under guidelines issued by my predecessor in May 2007. The purpose of the pilot phase is to 

gain experience from the operation of a number of committees in a variety of local authority 

areas before rolling them out to all local authority areas in the State. In general, the outcome 

to date has been positive and the committees are meeting definite local needs. 

Following completion of the evaluation of the operation of the committees in the pilot phase 

revised guidelines will be drafted, taking into account the outcome of the evaluation and the 

experience of the pilot committees. Following consultations with my colleagues the Ministers 

for the Environment, Heritage and Local Government and Community, Rural and Gaeltacht 

Affairs I intend to issue, as soon as possible, revised guidelines to enable roll-out of the committees 

to all local authority areas in the State including Longford. The guidelines will provide 

inter alia a timetable for the roll-out. 

Asylum Applications. 

290. Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform 

his views on whether Iran is not, in view of its human rights record, a safe country to deport 

failed asylum applicants from that region; and if he will make a statement on the matter. 

[3924/08] 

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): In determining 

whether to make a deportation order or grant temporary leave to remain in the State, I must 

have regard to the eleven factors set out in Section 3 (6) of the Immigration Act, 1999, as 

amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended. 

The Deputy might wish to note that, in addition to the eleven factors contained in Section 3 

(6) of the Immigration Act, 1999 (as amended), I must, as stated earlier, also have regard for 

Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement before 

making a deportation order. This essentially means that the safety of returning a person, or 

refoulement as it is commonly referred to, is fully considered in every case when deciding 

whether or not to make a deportation order i.e. that a person shall not be expelled from the 

State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom 

of that person would be threatened on account of his or her race, religion, nationality, membership 

of a particular social group or political opinion. My Department uses extensive country of 

origin information drawn from different independent sources in evaluating the safety of making 

returns to third countries. 

586


Each asylum application received from a citizen of Iran is considered on the basis of the 

facts, individual circumstances and merits of the case presented and a final decision is reached 

following a comprehensive examination and investigation of these facts, merits and circumstances 

taking full account of the political and human rights conditions prevailing in Iran and 

the latest reports of the United Nations High Commission for Refugees. 


the number of applicants from Iran who have asylum applications pending; the number who 

have been granted asylum and leave to remain in the past ten years; the number who have been 

refused; and the position of those who have been refused asylum, but are still here. [3925/08] 

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The information 

requested by the Deputy in relation to Iranian asylum and leave to remain applications is set 

out below. 

As at the 31st of December 2007 there were 39 applications for refugee status pending in 

the Office of the Refugee Applications Commissioner and 75 asylum appeals pending in the 

Refugee Appeals Tribunal. 

The total number of decisions/recommendations to grant refugee status at first instance and 

appeal stage from 1998 to 2007 was 152. The total number of decisions / recommendations to 

refuse refugee status at first instance and appeal stage from 1998 to 2007 was 574. 

In relation to leave to remain, statistics are not available prior to the commencement of the 

Immigration Act 1999, which was commenced on 20 November 1999. From that time to the 

end of 2007 the total number of Iranian nationals granted leave to remain was 8 and the total 

number of Iranian nationals refused leave to remain was 17. 

The information requested by the Deputy in relation to the position of persons refused 

asylum is set out below. 

In the event of a final negative recommendation from the Office of the Refugee Applications 

Commissioner or the Refugee Appeals Tribunal, a notice of intent to deport under section 

3(3)(a) of the Immigration Act, 1999 is served on the person concerned. A person served with 

such a notice of intent to deport is, since the 10th October 2006, afforded four options, viz. to 

leave the State voluntarily; to consent to the making of a deportation order; to apply for 

subsidiary protection or to make representations in writing within 15 working days setting out 

reasons as to why a deportation order should not be made and why temporary leave to remain 

in the state be granted instead. 

In determining whether to make a deportation order or grant temporary leave to remain in 

the State, I must have regard to the eleven factors set out in Section 3(6) of the Immigration 

Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, 

as amended. Temporary leave to remain is considered in every case regardless of whether 

representations are made by, or on behalf of, the persons concerned. In the event that temporary 

leave to remain in the State is refused, a deportation order is made. 


if, in view of the fact that a person (details supplied) has been refused asylum, they have other 

legal avenues to prevent them being deported to Iran; and if they have the right to remain here 

until Iran has been removed from the list of unsafe countries due to their human rights record, 

wars or other humanitarian crisis. [3926/08] 


arrived in the State on 25 August 2006 and applied for asylum. His application was 

587

[Deputy Brian Lenihan.] 


refused following consideration of his case by the Office of the Refugee Applications Commissioner 

and, on appeal, by the Refugee Appeals Tribunal. 

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), he 

was informed, by letter dated 6 November 2007, 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 he should be allowed to 

remain temporarily in the State. In addition, he was notified that he was eligible to apply for 

Subsidiary Protection in accordance with regulations known as the European Communities 

(Eligibility for Protection) Regulations, S.I. No. 518 of 2006, which came into force on 10 

October 2006. The person concerned submitted an application for Subsidiary Protection in the 

State in accordance with these Regulations and this application will be considered in due 

course. When consideration of this application has been completed, the person concerned will 

be notified in writing of the outcome. 

In the event that the Subsidiary Protection application is refused, the case file of the person 

concerned, including all representations submitted, will be considered under 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. When this latter consideration has been completed, the 

case file of the person concerned will be passed to me for decision. 

The Deputy can be assured that all applications for Subsidiary Protection and for permission 

to remain in the State are considered on their individual merits. Among the issues to be considered, 

as I have referred to earlier, is that of refoulement. This is essence means that before 

the Minister for Justice, Equality and Law Reform signs a Deportation Order, he must satisfy 

himself that the person who is the subject of that Order would not, in the opinion of the 

Minister, have their life or liberty put at risk by their being returned to their country of origin 

for reasons of their race, religion, nationality, membership of a particular social group or political 

opinion. 


the status of a person (details supplied) in County Cork. [3927/08] 

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Deputy may 

wish to note that in the details supplied, the reference number and name do not correspond 

with each other. I am assuming that the Deputy is referring to the person whose name he 

supplied. Notwithstanding this, it is not the practice to comment in detail on individual asylum 

applications. 

As the Deputy will be aware, applications for refugee status in the State are determined by 

an independent process comprising the Office of the Refugee Applications Commissioner and 

the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, 

Equality and Law Reform on whether such status should be granted. 

A final decision on this application will be made upon receipt of the decision of the Refugee 

Appeals Tribunal. 



if his attention has been drawn to allegations by Iranians living here that some of their members 

588


have been targeted by Iranian Embassy staff because of their protests against human rights 

abuses in Iran; and if he will make a statement on the matter. [3932/08] 

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by 

the Garda authorities that the Garda Síochána has no information to suggest that any Iranian 

nationals have been or are being ‘targeted’ by any person or organisation. 

If any Iranian national has any concerns about their personal safety, I would appeal to that 

person to immediately report their concerns to the Garda Síochána. 

Crime Levels. 

295. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform if he will 

provide a report of the number of reported incidents of stolen mobile satellite navigation units 

from vehicles in 2006 and 2007; and if he will make a statement on the matter. [3941/08] 

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Following the submission 

in 2004 of a report and recommendations by an expert group on crime statistics, it was 

decided that the compilation and publication of crime statistics should be taken over by the 

Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda 

Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated 

unit for this purpose. Following the setting up of the necessary technical systems and 

auditing of the data from which the statistics are compiled, the CSO is now compiling and 

publishing criminal statistics and has published provisional headline crime statistics since the 

third quarter of 2006. 

I have requested the CSO to provide the statistics sought by the Deputy directly to him. 

Garda Deployment. 

296. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the 

number of gardaí stationed in each of the Dublin postcode areas in 2007; and if he will make 



the Garda Commissioner that as of 31 December 2007, the latest date for which figures are 

readily available, the information requested by the Deputy is as set out in the following table. 

The Deputy will appreciate that, as with any large organisation, on any given day, the overall 

strength of the organisation may fluctuate due, for example, to retirements, resignations etc. 

It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force 

taking all relevant factors into account. The situation will be kept under review and when 

additional personnel next become available the needs of the Dublin Region will be fully considered 

by the Commissioner within the overall context of the needs of Garda Divisions 

throughout the country. 

Division Station 31/12/07 Dublin Postcode 

DMR South Central Kevin Street 139 8 

Kilmainham 87 8 

Pearse St 268 2 

Harcourt Tce 87 2 

Donnybrook 136 4 

Irishtown 56 4 

589


[Deputy Brian Lenihan.] 

Division Station 31/12/07 Dublin Postcode 

DMR North Central Store St. 296 1 

Bridewell 180 7 

Fitzgibbon St 117 1 

Mountjoy 99 7 

DMR South Crumlin 108 12 

Sundrive Rd 78 12 

Rathfarnham 80 14 

Tallaght 181 24 

Rathmines 75 6 

Terenure 101 6w 

DMR North Santry 121 9 

Whitehall 48 9 

Ballymun 75 11 

Dublin Airport 21 Co. Dublin 

Coolock 117 5 

Malahide 46 Co. Dublin 

Swords 79 Co. Dublin 

Raheny 68 5 

Clontarf 71 3 

Howth 42 Co. Dublin 

Balbriggan 50 Co. Dublin 

Skerries 11 Co. Dublin 

Lusk 3 Co. Dublin 

Rush 6 Co. Dublin 

Garristown 3 Co. Dublin 

DMR West Blanchardstown 180 15 

Cabra 71 7 

Finglas 97 11 

Lucan 84 Co. Dublin 

Ronanstown 87 22 

Ballyfermot 87 10 

Clondalkin 104 22 

Rathcoole 24 Co. Dublin 

DMR East Dun Laoghaire 109 Co. Dublin 

Dalkey 32 Co. Dublin 

Kill-O-Grange 33 Co. Dublin 

Cabinteely 36 18 

Shankhill 62 Co. Dublin 

Blackrock 83 Co. Dublin 

Dundrum 79 14 

Stepaside 32 18 

Garda Communications. 

297. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if 

gardaí on the beat have a dedicated system for contact and co-ordination with their command 

590


centres; the official policy on the use of mobile phones when on patrol; and if he will make a 


Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am advised by the 

Garda authorities that dedicated radio systems are operated to provide beat and mobile patrols 

with communications to their district, division or area control centres as appropriate. I am also 

advised that official mobile phones are made available to all Garda managers and other nominated 

personnel as operational needs demand. In addition, specially configured mobile phones 

are available to all Garda personnel for contact with the Garda Information Service Centre for 

the creation and updating of incidents on PULSE. This obviates the need for Gardaí to return 

to their stations to report incidents thereby freeing up more Gardaí for operational duties. 

These phones can also be used to contact the members station, district and divisional headquarters 

and the 999 system. 

There is specific exemption for members of An Garda Síochána under the Road Traffic Act 

2006 on the use of a mobile phone while driving in respect of Gardaí who are acting in the 

course of their official duties. 

A major project is currently underway to replace the existing radio systems with a single 

national digital radio system which will deliver high quality secure communications capability 

to An Garda Síochána. 

Public Order Offences. 

298. Deputy John Curran asked the Minister for Justice, Equality and Law Reform the 

number of anti-social behaviour orders that have been issued in the Dublin area to date; and 


299. Deputy John Curran asked the Minister for Justice, Equality and Law Reform the 

number of anti-social behaviour orders that have been issued to date nationally; and if he will 


Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I propose to take 

Questions Nos. 298 and 299 together. 

Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to 

anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act relating 

to anti-social behaviour by children was commenced on 1 March, 2007. These provisions set 

out an incremental procedure for addressing anti-social behaviour by adults and children. With 

regard to children, these range from a warning from a member of An Garda Síochána, to a 

good behaviour contract involving the child and his or her parents or guardian, to referral to 

the Garda Juvenile Diversion Programme and to the making of a behaviour order by the 

Children’s Court. 

I am informed by the Garda authorities that in 2007 443 behaviour warnings were issued to 

adults and 132 to children. Four good behaviour contracts were issued to children. 

I am further informed these figures include the Dublin Metropolitan Region (DMR) Garda 

Divisions, in which 283 behaviour warnings were issued to adults and 61 to children. Two good 

behaviour contracts were issued to children in the DMR. 

Work Permits. 

300. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the status 

591

[Deputy Joe Costello.] 


of a person (details supplied); if they can work here after their stamp three runs out; and if he 



the Immigration Division of my Department that the person concerned has permission to 

remain on self sufficiency/dependancy conditions until the 30th July 2008. The conditions of 

her permission to remain do not entitle the person in question to take up employment in the 

State. Prior to the expiry of this permission to remain she should seek to renew her permission 

to remain with her local Immigration Officer. 

Should the person referred to by the Deputy wish to take up employment in the State it will 

be necessary for a prospective employer to apply for a Work Permit on her behalf. 

The issuing of Work Permits is a matter for my colleague, the Minister for Enterprise, Trade 

and Employment, Davitt House, Adelaide Rd, Dublin 2. 

301. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the status 

of a person (details supplied) in Dublin 3; if they are eligible to work for any employer here; 


Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person referred 

to by the Deputy has permission to remain in the State until 5th February 2009. The particular 

conditions of her permission to remain entitles her to take up employment with any employer 

in the State within her skills category. 

Prison Education Service. 

302. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he 

will assist a person (details supplied). [4030/08] 

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I would like to refer 

the Deputy to my answer to Question No. 1261 of 30 January 2008. The position remains 

unchanged. 

Safety Cameras. 

303. Deputy Jimmy Deenihan asked the Minister for Justice, Equality and Law Reform if 

the process of selecting the preferred bidder for the provision and operation of safety cameras 

has been completed; if he has submitted proposals to appoint the successful bidder to Government; 


Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): An Garda Síochána 

continue to focus their enforcement activities on the main causes of deaths and serious injury 

on the roads — drunk driving, speeding and the non-wearing of safety belts. The Garda Policing 

Plan for 2008 aims to increase in the course of the year by 10% detections for driving while 

intoxicated, speeding and also road transport offences. The continuing increase in the strength 

of the Garda Traffic Corps, which will reach its planned level of 1,200 by the end of this year, 

is enabling a continuing increase in enforcement activity to take place. Along with the increase 

in its strength, a corresponding allocation of vehicles and other resources is being made to the 

Traffic Corps. 

With regard to combating speeding, detailed analysis by An Garda Síochána of collision data 

is under way to identify locations and times where the greatest tendency for speed related 

collisions occur. Speed enforcement will be prioritised on a risk assessment basis on such 

592


locations and at such times. The public will continue to be made aware of roads which have 

been identified as having a propensity for speed related collisions, including through the 

Garda website. 

The Gardaí are planning to replace their existing vehicle-based mobile speed detection 

systems this year. They are also developing proposals to introduce in a range of Garda vehicles 

an automatic number plate recognition capability, which in addition to assisting in detecting 

suspect and untaxed vehicles will have a speed detection capability. 

With regard to outsourcing the provision and operation of safety cameras to a service provider, 

following the issue of a Request for Tender, tenders were received and evaluated. Issues 

have arisen because costs involved would now be substantially higher than had been estimated 

for the Government previously. 

I intend to bring proposals before my colleagues in Government shortly taking into account 

issues of value for money and the commitment, as is evidenced by the enhanced activity by An 

Garda Síochána which I have outlined, to reduce speeding on our roads. 

Road Traffic Offences. 

304. Deputy John Curran asked the Minister for Justice, Equality and Law Reform the action 

that can be taken by Gardaí to deal with motor vehicles parked on public roads but not displaying 

valid motor tax and insurance discs; if these motor vehicles can be towed away and 

impounded; and if he will make a statement on the matter. [4043/08] 

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Under sections 73 

and 76 of the Finance Act, 1976 (as amended by section 63 of the Finance Act, 1993), it is an 

offence to use, park or otherwise keep a mechanically propelled vehicle in a public place while 

there is not fixed to and exhibited on the vehicle a tax disc which is issued in respect of the 

said vehicle. 

Under the Road Traffic (Insurance Disc) Regulations,1984 as substituted by article 4 of the 

Road Traffic (Insurance Disc) (Amendment) Regulations 1986, it is an offence to use a vehicle 

in a public place, after ten days from the authentication of the certificate of insurance, unless 

an insurance disc is displayed in the proper position. The owner, if not the user, is also liable, 

but the owner may defend such a charge if he shows the use of the vehicle on the occasion in 

question was unauthorised. 

Section 41 of the Road Traffic Act, 1994 as amended, provides for the making of regulations 

authorising the detention, removal and storage of vehicles (and their subsequent release) when 

used in a public place. An Garda Síochána is authorised to detain such a vehicle when he or 

she is of the opinion that the vehicle is being used without insurance or road tax. 

I am informed by the Garda authorities that all members of An Garda Síochána fully enforce 

the legislation in relation to the seizure, storage cost, release and disposal of these vehicles 

when they are observed in use in a public place. 

Garda Vetting Services. 

305. Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform if he 

will take action to speed up the process of securing Garda vetting clearance for prospective 

staff for the intellectual disability sector as it takes in excess of three months for clearance 

causing serious problems for service providers and the families for whom they cater; and if he 


593


Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I would refer the 

Deputy to my reply to Parliamentary Questions Nos. 637, 641 and 642 of 5 February, 2008. 

Residency Permits. 

306. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform 

the current or expected residency position in the case of a person (details supplied) in Dublin 

24; and if he will make a statement on the matter. [4191/08] 


arrived in the State on 4 July 2003 and applied for asylum. Her application was refused 

following consideration of her case by the Office of the Refugee Applications Commissioner 

and, on appeal, by the Refugee Appeals Tribunal. 

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), she 

was informed, by letter dated 27 September 2005, that the Minister proposed to make a deportation 

order in respect of her. She 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 

submitting written representations to the Minister setting out the reasons why she should be 

allowed to remain in the State. Representations have been received on behalf of the person 

concerned and will be fully considered before the file is passed to me for decision. 

307. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when a 

decision will be made in respect of a residency application of a person (details supplied) in 

County Carlow; and if he will make a statement on the matter. [4231/08] 

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Officials in the long 

term residency section of my Department inform me that there is no record of an application 

for long term residency received from the person referred to in the Deputy’s question. 

An application for a certificate of naturalisation was received in the Citizenship section of 

my Department in January 2007. On examination of the application it was determined that the 

person concerned did not meet the statutory residency requirements as set out in the Irish 

Nationality and Citizenship Act 1956, as amended. A letter informing her of this was issued on 

11 April 2007. 

It is open to the individual in question to lodge a new application if and when she is in a 

position to meet the statutory requirements applicable at that time. 

Water and Sewerage Schemes. 

308. Deputy Dinny McGinley asked the Minister for the Environment, Heritage and Local 

Government if there are plans to upgrade, extend or provide sewerage facilities in Falcarragh, 

County Donegal; and if he will make a statement on the matter. [3909/08] 

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): 

The Falcarragh Sewerage Scheme is included in my Department’s Water Services Investment 

Programme 2007 — 2009 as a scheme to start construction in 2008. My Department is awaiting 

submission of Donegal County Council’s Preliminary Report for the scheme. 

Local Authority Funding. 

309. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Government 

if he will meet a delegation comprising of Houses of the Oireachtas Members, the Mayor 

594


of Clare, councillors and council officials to discuss the general purpose grants allocations to 

Clare County Council; and if he will make a statement on the matter. [3913/08] 

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I 

am providing some \999.2 million in general purpose grants from the Local Government Fund 

to local authorities for 2008. These grants are my contribution to local authorities to meet the 

difference between the cost to them of providing an acceptable level of day to day services and 

the income available to them from local sources and from specific grants. The amount being 

made available for general purpose grants this year represents an increase of some \51.5 million, 

or 5.4%, over the amount provided for 2007 and continues the trend of providing 

additional general purpose funding to local authorities. 

Clare County Council’s general purpose allocation for 2008 is \16,476,569, an increase of 

5.13% over the 2007 allocation. General purpose grants to Clare County Council have 

increased by some 460% since 1997 which is more than twice the average increase to local 

authorities over that period. 

In addition, Local Government Funding of \23.4 million has been made available this year 

to assist local authorities with the operational costs of newer water and waste water treatment 

infrastructure. Relevant expenditure by Clare County Council will be taken into account in the 

determination of the 2008 allocations. 

In summary, and recognising that the Council has recently agreed its budget for 2008, I am 

satisfied that the funding available to it from all sources, including general purpose grants, will 

enable it to provide an acceptable level of services to all its customers. In the circumstances, 

while no useful purpose would be served by meeting the proposed delegation in the context of 

the 2008 general purpose grant allocations, I will take an opportunity to meet with the Council 

as part of a programme of visits to local authorities during the year. 

Private Rented Accommodation. 

310. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local 

Government the number of prosecutions taken against landlords in 2007 for not meeting the 

minimum standard for private rental accommodation; and if he will make a statement on the 

matter. [3937/08] 

311. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local 

Government if he will provide a report detailing the figures from each city and county council 

in relation to the number of prosecutions taken against landlords in the relevant local authority 

area for failing to meet the minimum standard for private rental accommodation; and if he will 


Minister of State at the Department of the Environment, Heritage and Local Government 

(Deputy Batt O’Keeffe): I propose to take Questions Nos. 310 and 311 together. 

Minimum standards for private rented accommodation are prescribed in the Housing 

(Standards for Rented Houses) Regulations 1993. All landlords have a legal obligation to 

ensure that their rented properties comply with these regulations. Failure to do so is an offence, 

subject, on summary conviction, to a fine not exceeding \3,000, or a term of six months in 

prison or both and \250 for each day of a continuing offence. Responsibility for enforcing the 

regulations rests with the relevant local authority. 

The number of legal actions initiated on a county/city basis for breaches of the regulations, 

as reported by local authorities, is published in the Annual Housing Statistics Bulletins, which 

595

[Deputy Batt O’Keeffe.] 


are available in the Oireachtas Library and on the Department’s website at www.environ.ie. 

Data for 2007 are not yet available. 

A report published by the Centre for Housing Research in November 2007 points out that 

landlords’ responsiveness to notices of non-compliance issued by local authorities has ensured 

that the need to prosecute is relatively low. The report also concludes that the low volume 

of cases taken each year suggests that most examples of non-compliance are on a relatively 

minor scale. 

Water and Sewerage Schemes. 

312. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local 

Government his views on a letter by a company (details supplied) dated 25 January 2007; if a 

reply was issued; and if he will make a statement on the matter. [4000/08] 

314. Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government 

his views and actions he proposes to take in relation to a submission (details supplied); 


Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I 

propose to take Questions Nos. 312 and 314 together. 

A reply to the letter dated 25 January 2007 issued from the Office of my predecessor on 22 

February 2007. The reply set out the position in regard to wastewater treatment systems under 

the national Building Regulations. 

Part H of the Building Regulations (Drainage and Waste Water Disposal) sets out the 

requirements for the treatment of effluent from wastewater systems. The relevant Technical 

Guidance Document H (TGD-H) provides guidance on how to comply with the requirements 

of Part H and calls up, inter alia, Irish Standard Recommendation SR:6 of 1991 — Recommendations 

for Domestic Effluent Treatment and Disposal from a Single Dwelling House, 

issued by the National Standards Authority of Ireland (NSAI). 

TGD-H also acknowledges that wastewater treatment systems other than septic tanks may 

be used. Such systems are accepted as satisfactory provided it can be shown that they are fit 

for the use for which they are intended and for the conditions in which they are used. Part D 

of the Building Regulations (Materials and Workmanship) specifies alternative ways of proving 

compliance, including compliance with appropriate product standards or being subject to certification 

by an appropriate national certification body. 

The Irish Agreement Board (IAB) is the national and European recognised body for certifying 

new building products or systems for which national standards do not exist. The IAB is an 

independent body which operates under the aegis of the Department of Enterprise, Trade 

and Employment. 

A new European Standard (EN 12566-3) for small wastewater treatments plants has been 

introduced and is now in the transitional phase of implementation. The need for new systems 

to comply with this standard has been brought to the attention of Local Authorities by Departmental 

Circular Letters BC16/2006 and BC 2/2008, dated 8 November 2006 and 28 January 

2008 respectively. 

The Environmental Protection Agency (EPA) is currently finalising a revised edition of 

their Manual on Wastewater Treatment Systems serving Single Houses, in consultation with 

all interested parties. It is understood that the EPA Manual will refer to relevant European 

Standards and that the NSAI propose to withdraw SR6: 1991, in favour of the proposed new 

596


edition of the EPA Manual, when available. My Department plans to amend TGD-H to call 

up the EPA Manual and to consider any related issues at that time. 

Rural Renewal Scheme. 

313. Deputy Eamon Scanlon asked the Minister for the Environment, Heritage and Local 

Government when a final inspection will be carried out for a person (details supplied) in 

County Sligo; and if he will make a statement on the matter. [4001/08] 


(Deputy Batt O’Keeffe): Additional information/documentation, which is necessary to enable 

this application to be further processed, was requested from the applicant in March 2005 and 

is still awaited. 


Social and Affordable Housing. 

315. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local 

Government if his attention has been drawn to the hardship being endured by tenants and 

former tenants of a complex (details supplied) in Dublin 1; and when his Department will 

approve the refurbishment of same. [4101/08] 


(Deputy Batt O’Keeffe): An application by Dublin City Council for the approval of funding 

to demolish the existing 67-unit Fr. Scully House scheme, and to replace it with 90 one-bedroom 

and 9 two-bedroom apartments, was received in my Department in December, 2007. The proposal, 

costing an estimated \34 million, is under active consideration at present and a decision 

will be made as soon as possible. 

Post Office Network. 

316. Deputy Seymour Crawford asked the Minister for Communications, Energy and Natural 

Resources if he has a role or has had discussions with the management of An Post regarding 

the type of service they provide in both rural and urban Ireland; and if he will make a statement 


Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Ido 

not have a direct role in the provision of services by An Post. Statutory requirements on the 

company are principally set out in the Postal and Telecommunications Services Act 1983, and 

the European Communities (Postal Services) Regulations 2002. Under this legislation, An Post 

is required to provide a nationwide postal service including a delivery to every address in the 

country on every working day, irrespective of location. Section 12 of the 1983 Act sets out the 

requirements with regard to the provision of counter services. The Commission for Communications 

Regulation, ComReg, is responsible for regulating the postal service. 

Telecommunications Services. 

317. Deputy Ulick Burke asked the Minister for Communications, Energy and Natural 

Resources further to Parliamentary Question No. 408 of 19 December 2007, if he will define 

what is meant by a reasonable request under the national broadband scheme; the criteria that 

will be used to assess the reasonable nature of the request; the person who will make these 

requests to the national broadband scheme for this service; if it will be local authorities, public 

597

[Deputy Ulick Burke.] 


representatives, community associations, local enterprise boards or individuals; and if he will 


Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The 

procurement process for a National Broadband Scheme (NBS) is under way. The NBS will 

provide broadband services to areas that are currently unserved and will ensure that all reasonable 

requests for broadband in unserved areas are met. 

The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now 

complete, and four candidates pre-qualified to enter the next phase of the procurement process. 

The four candidates were, in alphabetical order, BT Communications Ireland Ltd Consortium, 

eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium. 

Following the withdrawal of the IFA/Motorola Consortium as a candidate the remaining 

three candidates have now commenced ‘Competitive Dialogue’ with the Department and are 

developing their proposed solutions to meet the Department’s requirements for the delivery 

of broadband to the unserved areas of the country. 

The determination as to what constitutes a reasonable request is currently being considered 

in the context of the overall requirements, which form part of the procurement process for the 

supply of broadband services under the NBS. The three candidates are considering a requirement 

to meet all requests for broadband coverage and the cost of meeting such a requirement. 

My officials will continue the competitive dialogue process on this and other requirements over 

the coming months. It is expected that all requirements will be finalised in advance of the 

issuing of the Invitation to Tender in April 2008. 

Any individual or body, whether public or private, in a NBS covered area will be able to 

request a product from the winning service provider. It is anticipated that a preferred bidder 

for the scheme will be selected and appointed in June 2008. 

598

Written Answers. - Parliamentary Debates - Houses of the Oireachtas

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