Job Losses. 730. Ms McManus asked the Minister for Enterprise ...

493 Questions— 25 January 2006. Written Answers 494
Job Losses.
730. Ms McManus asked the Minister for
Enterprise, Trade and Employment the number
of jobs lost in the private sector in County
Wicklow in the years 2002, 2003, 2004 and
2005. [1062/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The tabular statement sets
out the losses in full-time jobs and the full-time
job gains in companies assisted by the enterprise
development agencies, Enterprise Ireland and
IDA, in County Wicklow for the years 2002 to
2005. While these figures reflect the more difficult
global market of the last few years, it remains the
case that full-time employment in agency assisted
companies in Wicklow is 12% higher in 2005 than
it was a decade ago, increasing from 6,332 to
7,120 employed. In the broader local economy,
the live register for County Wicklow shows a fall
of 125 between December 2004 and December
2005, from 4,554 to 4,429.
The enterprise development agencies are committed
to promoting Wicklow as a location for
investment, as well as supporting and developing
businesses already present in the county. IDA
Ireland continues to work with its existing base
of companies with a view to supporting such companies
with potential expansions and the agency
also targets potential new investment projects.
For example, the European Headquarters of
Nabi, a biopharma company from the United
States, was officially opened in April 2005 at the
IDA business park in Bray and is expected to
employ between 30 and 40 people by the end of
this year. Enterprise Ireland activity, in terms of
job creation, is focused on the retention and
creation of new jobs in existing companies, the
creation of new jobs by supporting entrepreneurs
to set up high potential start-up companies and
also through enhancing the innovation capability
of Ireland at a national and regional level by supporting
research in companies and third level
institutions. Since 2003, Enterprise Ireland has
approved \8.606 million and paid \6.603 million
to client companies in the county. During 2005
Wicklow CEB approved a total of \263,773 to 23
projects and paid out more than \494,000 in capital
assistance throughout the region. In 2006,
Wicklow CEB will continue to be actively
involved in the county’s economic and social
development and will continue to be proactive in
ensuring available funds are targeted to maximize
entrepreneurial development throughout the
locality. I am confident the strategies and policies
being pursued by the development agencies,
together with the ongoing commitment of
Government to regional development will bear
fruit in terms of additional sustainable investment
and jobs for County Wicklow.
Full-Time Employment: Changes in Agency Assisted Companies
in County Wicklow
2002 2003 2004 2005
Job losses −540 −760 −1,099 −1,947
Job Gains 1,004 1,201 553 761
Net loss/Gain +464 +441 −546 −1,186
EU Directive.
731. Mr. Quinn asked the Minister for
Enterprise, Trade and Employment if EU
Directive 2001/84/EC was implemented before 1
January 2006; if the directive was not
implemented by 1 January 2006 the reason
Ireland did not meet its obligations to implement
this directive before the deadline; and if he will
make a statement on the matter. [1113/06]
Minister of State at the Department of
Enterprise, Trade and Employment (Mr. M.
Ahern): Directive 2001/84/EC, on the resale right
for the benefit of the author of an original work
of art, has not as yet been transposed. Because
of the novelty of such right to Irish law and the
directive’s provision of options as to how several
key aspects may be implemented, transposition
by means of primary legislation rather than regulations
under the European Communities Act is
required. My Department, in consultation with
the Office of the Attorney General and
Parliamentary Counsel to the Government, is
preparing an intellectual property (miscellaneous
provisions) Bill intended to transpose this and
several other EU directives in the field of intellectual
property. It is intended that this Bill will be
published in the first half of the year.
Job Creation.
732. Mr. McEntee asked the Minister for
Enterprise, Trade and Employment the number
of jobs created in 2005 by the economic development
agencies in County Meath; and if he will
make a statement on the matter. [1117/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): State support for enterprise
and job creation is channelled through the industrial
development agencies, IDA Ireland, which
has responsibility for foreign direct investment
and Enterprise Ireland, which is concentrating on
the development of indigenous industries. The
Forfás Annual Employment Survey records jobs
gained and lost in companies supported by the
industrial development agencies. A total of 486
new jobs were created in companies supported by
Enterprise Ireland in 2005, which is concentrating
on the development of indigenous industries. My
Department also provides funding to the Meath
County Enterprise Board, which was established
in October 1993 to provide support for small businesses
with ten employees or fewer. The board
assisted in the creation of 92 net jobs in the

495 Questions— 25 January 2006. Written Answers 496
[Mr. Martin.]
county in the year ending 31 December 2005.
Final figures for jobs created at county level for
2005 in respect of IDA client companies are not
available from the IDA as yet. However, in the
year to 31 December 2004, a total of 49 new jobs
were created in companies supported by IDA
Ireland, which has responsibility for foreign direct
investment. I am confident the strategies and
policies being pursued by the development agencies
in Louth, together with the ongoing commitment
and support of the county enterprise board
for small business, will bear fruit in terms of
additional sustainable investment and jobs for the
people of Meath.
Company Registration.
733. Mr. Hogan asked the Minister for
Enterprise, Trade and Employment the reason
the Companies Office has refused a company
name (details supplied); and if he will make a
statement on the matter. [1134/06]
Minister of State at the Department of
Enterprise, Trade and Employment (Mr. M.
Ahern): A company may not be registered, under
the terms of the Companies Acts 1963 to 2005,
with a name that is, in the opinion of the Registrar
of Companies too similar to that of a company
on the Register of Companies. When considering
whether to allow a name for a new
company, the words “Irish” or “Ireland” are not
considered to be distinguishing words because all
companies registered in the State are Irish and
because of overuse of the words on the register.
The words have become too generic. When the
word “Irish” was removed in this case, the name
left was too similar to that of another company
on the register. Accordingly, it was refused. an
appeal was lodged by the presenter’s solicitor
regarding this refusal on 11 January 2006. The
reasons for the refusal have been explained to the
solicitor and discussions on other proposed
names are ongoing.
Departmental Appointments.
734. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment the number
of public appointments made by his Department
1997. [1154/06]
735. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment the number
of public appointments currently vacant and yet
to made by his Department. [1155/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): I propose to take Questions
Nos. 734 and 735 together.
A total of 712 public appointments have been
made by my Department since 1997. Details of
the public appointments made, as well as the
number of vacancies where they exist, are set out
in the following tables:
Interim Personal Injuries Assessment Board —
12 Appointments — Nil vacancies
Appointee
Term of Appointment
Ms Dorothea Dowling 2002-2004
Senator Joe O’Toole 2002-2004
Ms Patricia Byron 2002-2004
Mr. Tom Wall 2002-2004
Mr. Tom Noonan 2002-2004
Mr. Pat Healy 2002-2004
Ms Carmel Foley 2002-2004
Ms Mary O’Dea 2002-2004
Ms Frances Cooke 2002-2004
Mr. Frank Cuneen 2002-2004
Professor Denis Cusack 2002-2004
Mr. Chris Flood 2002-2004
Personal Injuries Assessment Board —
11 Appointments — Nil vacancies
Appointee
Date Appointed
Ms Dorothea Dowling 2004
Senator Joe O’Toole 2004
Ms Patricia Byron 2004
Mr. John Fay 2004

497 Questions— 25 January 2006. Written Answers 498
Appointee
Date Appointed
Mr. Tom Noonan 2004
Mr. Pat Healy 2004
Ms Carmel Foley 2004
Ms Mary O’Dea 2004
Ms Frances Cooke 2004
Mr. Frank Cuneen 2004
Professor Denis Cusack 2004
Motor Insurance Advisory Board —
37 Appointments — Nil vacancies
Appointee
Date Appointed
Ms Dorothea Dowling August, 1998
Mr. Dermot Jewell August, 1998
Mr. Michael Horan August, 1998
Mr. Michael Kemp August, 1998
Mr. David O Connor August, 1998
Mr. Seamus O’Hare February, 2003
Mr. Tom Noonan August, 1998
Mr. Cyril Mc Hugh August, 1998
Ms Sheila Mc Cabe August, 1998
Mr. Patrick J Burke August, 1998
Ms Cora Collins July, 2002
Mr. Desmond Bruen August, 1998
Mr. Joe Langan June, 2003
Mr. Desmond Kelly August, 1998
Mr. Adrian Cummins March, 2001
Mr. John Doyle March, 2001
Mr. Tommy Murray August, 1998
Ms Anne Troy September, 2000
Ms Rady Redmond July, 2002
Mr. Stephen Watkins March, 2003
Mr. John Parker August, 1998
Mr. Patrick Costello July, 1999
Mr. Cyril Connolly August, 1998
Ms Liz Walsh August, 1998
Mr. Garrett Byrne September, 1999
Mr. Barry O’ Connor November, 2001
Mr. Niall Cullen January, 2002
Ms Oonagh McPhillips October, 2002
Mr. John O Brien August, 1998
Mr. Al Mc Hugh September, 1999
Mr. Denis Fitzpatrick March, 2001
Ms Riona Ní Fhlanghaile August, 1998
Mr. John Kiernan April, 2000
Ms Hilary D’alton January, 2001
Mr. Liam Dolan March, 2001
Mr. Desmond Cummins August, 1998
Mr. Robert Prole August, 1998

499 Questions— 25 January 2006. Written Answers 500
[Mr. Martin.]
National Competitiveness Council —
35 Appointments — 2 vacancies
Appointee
Date Appointed
Mr. Brian Patterson 14 May 1997
Mr. Eddie Brown 14 May 1997
Ms Patricia O’Donovan 14 May 1997
Mr. Donal Byrne 14 May 1997
Ms Lorraine Sweeney 14 May 1997
Mr. Martin Swarbrick 14 May 1997
Mr. Alan Gray 14 May 1997
Ms Martha O’Byrne 14 May 1997
Mr. Kevin Bonner 14 May 1997
Mr. John Travers 14 May 1997
Mr. Billy McCann 14 May 1997
Mr. Des Geraghty 9 February 1998
Mr. William Burgess 14 April 1998
Ms Jackie Harrison 18 June 1998
Ms Annette Hughes 22 April 1999
Ms Áine Mizzoni 21 September 1999
Mr. Neil Ormonde 27 October 1999
Mr. Rory Ardagh 18 July 2000
Ms Jane Williams 18 July 2000
Ms Joan Carmichael 29 June 2001
Mr. Bernard Collins 29 June 2001
Dr. Don Thornhill 7 March 2005
Mr. Rory Ardagh 18 July 2000
Mr. Martin Cronin 21 June 2002
Dr. John Fingleton 1 June 2003
Mr. Brendan Butler 30 September 2003
Mr. Peter McLoone 1 June 2003
Mr. Seamus Ó Móráin 1 June 2003
Mr. Willy Slattery 1 June 2003
Mr. John Travers 14 May 1997
Professor Ferdinand von Prondzynski 27 February 2002
Mr. Pat Delaney 7 March 2005
Mr. Paul Sweeney 7 March 2005
Mr. Patrick O’Brien 7 March 2005
Ms Thia Hennessey 7 March 2005
IDA Ireland —
17 Appointments — 2 vacancies
Appointee
Date Appointed
Mr. Pat Dineen 1997
Mr. Denis Hanrahan 23 December 1998
Mr. Sean Dorgan 23 December 1998
Mr. Frank McCabe 19 January 1999
Mr. John Dunne 22 December 1999
Mr. Ronald Long 22 December 1999
Ms Ann Marie Gill 23 November 2000
Mr. Gary Kennedy 22 December 2000
Mr. Thomas G Lynch 02 February 2001
Ms Bríd Horan 29 January, 2002
Mr. Bernard Collins 31 January 2002

501 Questions— 25 January 2006. Written Answers 502
Appointee
Date Appointed
Mr. Kieran Corrigan 5 March 2003
Ms Loretta Brennan Glucksman 5 March 2003
Mr. Brian Whitney 19 September, 2003
Mr. Paul MacKay 15 January 2004
Mr. Niall Ring 15 January 2004
Mr. Gerard O’Mahoney 3 February 2005
Enterprise Ireland was established on 23rd July
1998, with the merger of Forbairt and an Bord
Tráchtála (ABT), along with the FÁS Services to
Industry. Ministerial appointments to the boards
of Forbairt and ABT prior to 23rd July 1998 and
to the board of Enterprise Ireland following that
date are as follows:
Forbairt —
4 Appointments — Nil vacancies
Appointee
Date Appointed
Mr. Michael Conlon 23 March 1997
Mr. David Dilger 23 March 1997
Mr. Barry O’Halloran 6 February 1998
Mr. Tim Collins 6 February 1998
ABT —
2 Appointments — Nil vacancies
Appointee
Date Appointed
Ms Margo Monahan 11 September 1997
Mr. Gus Fitzpatrick 11 September 1997
Enterprise Ireland —
17 Appointments — Nil vacancies
Appointee Date Appointed Date Reappointed
Mr. Pat Molloy 23 July 1998 23 July 2003, 7 July 2005
Mr. Kieran McGowan 23 July 1998
Mr. Gus Fitzpatrick 23 July 1998 24 July, 2002
Mr. Brian Kearney 23 July 1998 24 July, 2002
Ms Heather Ann McSharry 23 July 1998 31 July 2001, 7 July 2005
Ms Veronica Perdisatt 23 July 1998 23 July 1999, 28 July 2003
Mr. Gerard O’Malley 17 September 2004
Ms Lorraine Benson 31 July 2001 26 July, 2004
Mr. John Connolly 26 September 2001 7 July 2005
Ms Elaine Farrell 8 May 2002
Ms Margaret Daly 17 September 2004
Ms M O’Callaghan July 1998 23 July 2000
Mr. David McKenna 8 March 1999 14 July 2002
Mr. Ned Costello 23 July 1998 July 1999
Mr. David Dilger 23 July 1998
Mr. Barry O’Halloran 23 July 1998 23 July 2000
Mr. Tim Collins 23 July 1998

503 Questions— 25 January 2006. Written Answers 504
[Mr. Martin.]
Craft Council of Ireland —
13 Appointments — Nil vacancies
Appointee Date Appointed Date Reappointed
Mr. Martin Walsh 26 June 1997 31 October 2000
Ms Cathy Honan 31 October 2000 17 June 2003
Mr. Giles O’Neill 8 November 2001 15 May, 2004
Ms Jean Byrne 28 January 2002 10 May, 2005
Ms Mary Ann O’Brien 9 April 2003
Mr. Jim Dunne 10 May 2005
Ms Ann Foy 9 February 2005
Dr. Frances Ruane 19 January 1995 23 January, 2002
Ms Cathy Byrne 26 June 1997
Mr. Liam Kearney 26 June 1997 31 October 2000
Mr. Kevin Neligan 26 June 1997
Ms Patricia Caffrey 31 October 2000
Mr. Martin Walsh 26 June 1997
Shannon Development —
15 Appointments — Nil vacancies
Appointee Date Appointed Date Reappointed
Mr. Kieran Keenaghan 11 August 1994 11 May 1998
Ms Agnes Aylward Pre 1994 25 June, 1997
Mr. Liam McElligott 25 June 1996 27 September 2000
22 May, 2002
Mr. Morgan Stack 25 June 1997
Mr. Brian O’Connell 11 May 1998 25 April, 2003
Ms Patricia Collins 23 December 1998 27 September, 2000
12 May, 2005
Mr. Sean Gorman 28 May 1999
Mr. Paul O’Brien 28 May 1999 12 May, 2005
Mr. William Loughnane 20 December 1999 25 June, 2004
Mr. Noreen Foran 10 October 2000 22 May 2002
Mr. Kieran Grace 30 April 2001 25 June, 2004
Mr. Ron Carroll 4 July 2001
Ms Frieda Keane-Carmody 4 July 2001
Mr. Peter Schutz 5 July 2001
Mr. Roger Downer 28 June 2002
Forfas —
16 Appointments — 3 vacancies
Appointee Date Appointed Date Reappointed
Mr. J Lynch 26 June, 1997
Mr. P Haran 9 June 1997
Mr. W. Scally 26 June 1997
Prof. M. Hillery 23 January, 1998 7 February, 2002
Mr. F. O’Rourke 23 September, 1998 7 February, 2002
Mr. P. Cassells 1 January, 1999
Prof. Y. Scannell 1 January, 1999
Mr. T. Wall 26 Feb 2001
Dr. D. Thornhill 18 June, 2003
Mr. Eoin O’Driscoll 13 July, 2004

505 Questions— 25 January 2006. Written Answers 506
Appointee Date Appointed Date Reappointed
Mr. Rody Molloy 23 November, 2000 1 November, 2004
Mr. Sean Gorman 1 November, 2004
Mr. William Murphy 1 January, 1994 26 February 2001
Ms Jane Williams 26 February, 2001 17 February, 2005
Ms Rosheen McGuckian 13 April, 2005
Intertrade Ireland —
16 Appointments — 2 vacancies
Appointee
Date Appointed
Dr. Martin Naughton 1999
Barry Fitzsimons 1999
Jackie Harrison 1999
Feargal McCormack 1999
Carl McCann 1999
Inez McCormack 1999
Mary Ainscough 1999
John Fitzgerald 1999
Robbie Smith 2002
Trevor Campbell 2002
Jack Gilmour 2002
Mary Breslin 1999
Dr. Harold Ennis 1999
Kieran McGowan 1999
His Grace The Duke of Abercorn 1999
Mr. Liam Nellis 1999
NSAI —
35 Appointments — Nil vacancies
Appointee
Date Appointed
Mr. Simon Kelly 15 December, 1997
Mr. Dan Tierney 14 April, 1997
Ms Mary Carroll 14 April, 1997
Mr. Sean Wallace 14 April, 1997
Mr. Brian Griffin 14 April, 1997
Ms Jackie Fitzgerald 14 April, 1997
Mr. Frank Dawe 14 April, 1997
Mr. John Coady 14 April, 1997
Mr. Doug Burns 14 April, 1997
Mr. Neil Buckley 14 April, 1997
Ms Kay Hallahan 14 April, 1997
Ms Ann-Christin Cederland 1 August 1997
Dr. Ursula MacEvilly 14 April 1997
Ms Annemarie O’Connor 7 April, 1998
Dr. Brendan Finucane 3 June 1999
Ms Jean Cahill 3 June, 1999
Mr. Patrick Geraghty 3 June, 1999
Mr. Vincent Delaney 15 May 2000
Ms June Finnegan 15 May 2000
Mr. John McGowan 23 January 2001

507 Questions— 25 January 2006. Written Answers 508
[Mr. Martin.]
Appointee
Date Appointed
Dr. Catherine Caulfield 14 April 2001
Ms Anne Riordan 14 April 2001
Mr. Martin Lynch 14 April 2001
Dr. Sean J McCarthy 17 April 2002
Ms Dorothea Dowling 17 April 2002
Mr. Patrick Coffey BE 17 April 2002
Mr. Conor O’Mahony 25 February 2003
Ms Rose Hynes 21 May 2003
Mr. D O’Loughlin 21 May 2003
Mr. Niall Fitzsimons 21 May 2003
Mr. Patrick Rigney 21 May 2003
Mr. Páraig Hennessy 04 September 2003
Mr. Edmond Stack 19 November, 2003
Mr. John N. Hewitt 15 April 2004
Mr. Paul Bennett 05 November, 2004
FÁS —
43 Appointments — Nil vacancies
Appointee Date Appointed Date Reappointed
Mr. Patrick Lynch January 1998
Mr. Brian Geoghegan January 1998 January 2000
Mr. Peter McLoone January 2006
Mr. William Attley January 1998
Mr. Gerry Fleming January 1998
Ms Alice Prendergast January 1998
Mr. Owen Wills January 1998
Mr. Des Geraghty February 1999
Ms Sally Anne Kinahan January 2006
Ms Cathy Crowley January 1998
Mr. Plev Ellis January 1998
Mr. Joe Morgan January 1998
Mr. Sexton Cahill January 2001
Ms Caroline Casey January 2001 January 2006
Mr. Jenny Hayes January 2006
Mr. Brian Keogh January 2006
Mr. Danny McCoy January 2006
Mr. Niall Saul January 2006
Mr. Paddy McDonagh January 1998
Ms Kathleen McLoughlin January 2001
Ms Ruth Carmody November 2004
Mr. John Hynes January 1998
Ms Bernadette Lacey January 2001
Mr. Brian O’Raghallaigh January 2006
Mr. Dermot Lacey January 1998
Mr. James O’Leary January 2006
Ms Bernadette Corridan January 1998
Mr. Peter Cullen January 2001
Mr. Michael Dolan January 2001
Ms Margaret Mernagh January 2006
Mr. Frank Walsh January 2006

509 Questions— 25 January 2006. Written Answers 510
Appointee Date Appointed Date Reappointed
Mr. Colm Breslin January 1998
Mr. Dermot Quigley September 1999
Mr. Jim O’Brien November 2001
Mr. Eamonn Kearns March 2004
Mr. Tim Duggan January 2006
Mr. Dermot O’Callaghan January 1998
Mr. Séamus Ó Moráin July 1998
Mr. Seán Gorman January 2001
Mr. Dermot Mulligan March 2005
National Training Advisory Committee (NTAC) —
7 Appointments — Nil vacancies
Appointee
Date Appointed
Ms Anne Heraty (Chairperson) 2001
Ms Aileen O’Donoghue 2001
Mr. Peter Rigney 2001
Ms Linda Tanham 2001
Ms Rachael Stewart 2001
Ms Caroline McQuaid 2001
Mr. Senan Cooke 2001
Science Foundation Ireland —
12 Appointments — Nil vacancies
Appointee
Date Appointed
Prof. Patrick Fottrell 25 July, 2003
Mr. Frank Mc Cabe 25 July, 2003
Mr. Erich Bloch 25 July, 2003
Dr. Kristina Johnson 25 July, 2003
Dr. Anita Jones 25 July, 2003
Mr. John Travers 25 July, 2003
Dr. Jane Grimson 25 July, 2003
Dr. Jim Mountjoy 25 July, 2003
Dr. Martina Newell McGloughlin 25 July, 2003
Mr. Ned Costello 25 July, 2003
Dr. Don Thornhill 25 July, 2003
Dr. Jacqueline Hunter 13 October, 2003
Appointments to the Employment Appeals Tribunal
Period of Appointment: 30 January 1998 to 29 January 2002
Mary Faherty
Sarah Berkely Conor Bowman Gerard Brady
Anne Bunni Dympna Cusack Emile Daly
Tony Halpin Maureen Harewood Dan Horan
Dermot McCarthy Declan McHugh Michael Moloney
Michael Mulcahy Rosemary O’Connell Peter J O’Leary
Kate O’Mahony Moya Quinlan Joe Revington

511 Questions— 25 January 2006. Written Answers 512
[Mr. Martin.]
Period of Appointment: 16 February 1998 to 29 January 2001
Thomas Ryan
Elva Kearney
Period of Appointment: 30 January 1998 to 29 January 2001
Eveta Brezina Nick Broughall Eddie Browne
Mary Burke Paul Clarke Anne Clune
Marie Corcoran Eddie Cronin Michael Crowe
Jim Dorney Breda Fell Gerry Fleming
Sean Galavan Nóirín Greene Phil Harrington
Michael Hayes Nuala Kehir Tony Kennelly
Aidan McCormack Michael McGarry Lenore Mrkwicka
Tom Murphy Sam Nolan Clare O’Connor
Seamus O’Donnell Paddy O’Shaughnessy Sean Redmond
Gerry Shanahan Kitty Warnock Paddy Woods
Harry J Baird Patrick Bracken Clare Carroll
Mary Cromer Ann Delahunt Michael Dunne
Carl Fay TP Flood Michael Forde
Ann Griffin Pat Harrington Michael C Hennigan
John J Jennings Richard Keating Ben Keeley
Richard Keenan Patrick McKeown Des Morrison
Billy O’Carroll Paul O’Grady Margaret O’Leary
Paul O’Leary James O’Neill C A Ormond
Jas A Power Robert D E Prole Jim Redmond
John Reid Edmond Sheehy Declan F Winston
Period of Appointment: 30 January 2002 to 29 January 2005 (resigned on 18 April 2002)
Ms Mary Faherty
Period of Appointment: 30 January 2001 to 29 January 2004
Sarah Berkely Gerard Brady Anne Bunni
Ailbhe Burke Emile Daly Triona Daly
Tony Halpin Dan Horan Elva Kearney
Dermot MacCarthy Lisa McDonald Paul McGarry
Penelope McGrath Rosemary O’Connell Peter J O’Leary
* Kate O’Mahony Moya Quinlan Joe Revington
Patricia Ryan Tom Ryan Jeremiah Sheedy
Eveta Brezina Nick Broughall Mary Burke
Anne Clune Jim Dorney Breda Fell
Sean Galavan Noirin Greene Philomena Harrington
John Kane Ben Kearney Nuala Kehir
Tony Kennelly Mary Maher Des Mahon
Aidan McCormack John McDonnell Michael McGarry
Bernard McKenna Alice Moore Lenore Mrkwicka
Clare O’Connor Kevin O’Connor Seamus O’Donnell
Paddy O’Shaughnessy Tommy Perkins Sean Redmond
Ciaran Ryan Kitty Warnock Paddy Woods
Harry J Baird Patrick Bracken Clare Carroll

513 Questions— 25 January 2006. Written Answers 514
Period of Appointment: 30 January 2001 to 29 January 2004
Ann Delahunt Michael Dunne Carl Fay
T P Flood Michael Forde Pat Harrington
Michael C Hennigan Richard Keating Ben Kealey
Richard Kennan Tina Leonard Gerry McAuliffe
Patrick McKeown Des Morrison Billy O’Carroll
Paul O’Grady Margaret O’Leary Paul O’Leary
James O’Neill C A Ormond Jas A Power
William Power Robert D E Prole Jim Redmond
John Reid Edmond Sheehy Declan F Winston
*Appointed Chairman on 19 April 2002 to 29 January 2005
Period of Appointment: 30 January 2005 to 29 January 2008
Kate O’Mahony
Period of Appointment: 30 January 2004 to 29 January 2007
Kieran Buckley Dympna Cusack Emile Daly
Catherine Egan John Fahy Fergal T Fitzgerald-Doyle
James Flanagan Myles Gilvarry Clodagh Gleeson
Bernadette Glynn Patrick G Goold Con Guiney
Tony Halpin Dara Hayes Elva Kearney
Kevin P Kilrane Margaret Levey Dermot MacCarthy
Sean Mahon Eoin Martin Penelope McGrath
Leachlain Ó Catháin Mark O’Connell Thomas O’Donoghue
Peter J O’Leary Marian Petty Moya Quinlan
Joe Revington Tom Ryan Jeremiah Sheedy
Geraldine Small
Period of Appointment: 30 January 2004 to 29 January 2007
Patrick Bracken Joe Browne William Brown
Pat Casey Frank Cunneen Anne Delahunt
T P Flood Michael Forde Tom Gill
James Goulding John Guinan Richard Keating
Ben Kealy Mel Kennedy Gerry McAuliffe
Cyril McHugh Don Moore Desmond Morrison
Michael J Murphy Roger Murphy Terence O’Donnell
Paul O’Leary James O’Neill C A Ormond
Gerry Phelan Pat Pierce Peter Pierson
Jas A Power William Power Robert Prole
Jim Redmond John Reid Eamonn Ryan
Maire Sweeney John Walsh Declan Winston
Frank Barry Rita Bergin Eveta Brezina
Nick Broughall Brendan Byrne Paul Clarke
Anne Clune Jim Dorney Breda Fell
Kay Garvey Nóirín Greene George Hunter
Ben Kearney Hilary Kelleher Tony Kennelly
George Lamon Sean Mackell Mary Maher
Des Mahon Rita McArdle John McDonnell
Dominic McEvoy Michael McGarry Bernard McKenna

515 Questions— 25 January 2006. Written Answers 516
[Mr. Martin.]
Period of Appointment: 30 January 2004 to 29 January 2007
Alice Moore Jim Moore Sam Nolan
Owen Nulty Clare O’Connor Kevin O’Connor
Seamus O’Donnell Emer O’Shea Ciaran Ryan
Catherine Warnock Patrick Woods Tom Wall
Rights Commissioners Service —
10 Appointments — Nil vacancies
Appointee Date Appointed Date(s) Reappointed
Mr. Tony Bregazzi 26 March 2001 5 December, 2002
5 December, 2003
5 December, 2004
5 December, 2005
Mr. David Iredale 1 September, 2003
Mr. Mark A McGrath 1 February 2004
Mr. Michael Rooney 6 August, 1996 6 August, 1999
23 September, 2002
23 September, 2005
Janet Hughes 26 August, 1997 26 August, 2000
26 August, 2003
Gerry Fleming 4 August, 1998 4 August, 2001
4 August, 2001
Ms Joan Carmichael 26 July, 2004
Ms Lenore Mrkwicka 1 August, 2001 1 August, 2004
Mr. Finn Lawless 1 August, 2001
Mr. Colin Walker 1 October, 1999 27 June, 2000
Labour Relations Commission —
17 Appointments — Nil vacancies
Appointee
Date Appointed
Mr. Kieran Mulvey 4 February, 2001
Mr. Maurice Cashell 1 April, 2003
Ms Caitriona Murphy 29 March 2000
Ms Catherine Forde 4 February 1997
Mr. Peter Bunting 10 February 2004
Mr. Liam Downey 04 February 1997
Mr. Peter McLoone 29 March 2000
Ms Josephine Feehily 29 March 2000
Ms Breege O’Donoghue 1 April 2003
Mr. Brendan McGinty 6 November 2000
Mr. Tom Wall 2 March 1998
Mr. Rory O’Donnell 29 March 2000
Mr. Kevin Duffy 4 February 1997
Ms Joyce O’Connor 4 February 1997
Mr. Mary Redmond 4 February 1997
Mr. Turlough O’Sullivan 4 February 1997
Mr. Jimmy Somers 4 February 1997

517 Questions— 25 January 2006. Written Answers 518
Labour Court —
21 Appointments — Nil vacancies
Appointee
Date Appointed
Mr. Hugh O’Neill 2006
Mr. Peter Murphy 2005
Mr. Raymond McGee 2004
Mr. Finbarr Flood 2004
Mr. Jack Nash 2004
Mr. John Doherty 2003
Mr. Robert Grier 2003
Mr. Jimmy Somers 2003
Mr. Eamon Carberry 2001
Mr. Patrick Pierce 2001
Mr. Noel O’Neill 2000
Mr. Jimmy Somers 2000
Mr. Bernard Rorke 1999
Mr. Finbarr Flood 1998
Ms Caroline Jenkinson 1998
Ms Padraigín NíMhurchú 1998
Mr. Vincent Keogh 1998
Mr. Cormac McHenry 1998
Mr. Kevin Duffy 1997
Mr. Noel O’Neill 1997
Mr. Declan Brennan 1997
Joint Labour Committee —
11 Appointments — Nil vacancies
Appointee
Date Appointed
Mr.Tony Bregazzi 2004
Mr. Colin Walker 2003
Mr. Des Casey 2003
Mr. Patricia Mc Carthy 2003
Mr. Colin Walker 2002
Mr. Tom McGrath 1998
Mr. Jim Philips 2000
Ms Margaret Payne 1998
Mr. Kevin Foley 1998
Ms Marie Mates 1998
Mr. Aidan Bunyan 1997
Health and Safety Authority —
36 Appointments — Nil vacancies
Appointee
Date Appointed
Mr. T. Wall March 1990 to February 1998
Mr. F. Whelan [replaced Mr. T Wall]
February 1998 to present
Mr. S. Cronin
December 1995 to present
Ms L. Mrkwicka December 1995 to December 2001

519 Questions— 25 January 2006. Written Answers 520
[Mr. Martin.]
Appointee
Date Appointed
Mr. T. Briscoe
November 1989 to present
Mr. P. Walsh November 1989 to September 2000
Ms G. Higgins December 1995 to December 1998
Ms M Rock December 1998 to December 2004
Mr. P. McCabe [replaced Mr. P Walsh]
September 2000 to present
Ms M. Buckley (Chairperson) December 1995 to December 1998
Mr. F. Cunneen (Chairman) December 1998 to December 2004
Ms M. Darlington December 1995 to December 1998
Mr. E. Fleming December 1995 to December 1998
Ms M. Slattery December 1995 to December 1998
Mr. F. McCafferty December 1995 to September 2000
Mr. C. Ó Cuinneagáin [replaced Mr. F. McCafferty] September 2000 to September 2002
Mr. M. Lynch [replaced Mr. C. Ó Cuinneagáin])
September 2002 to present
Mr. J. Hegarty December 1998 to December 2004
Mr. S. Daly
December 1998 to February 2001-resigned
Ms M. Coy [replaced Mr. S Daly] February 2001 to December 2001
Ms M. Dorgan December 1998 to December 2001
Ms S. Corbett December 2001 to December 2004
Mr. D. J. Gilroy December 2001 to December 2004
Ms C. McEleney
December 2004 to present
Ms L. O’Donnell
December 2001 to present
Mr. P. Kearney
December 2004 to present
Ms R. Sheerin
December 2004 to present
Mr. J Lyons
December 2004 to present
Ms Y. Sullivan
December, 2004 to present
Ms AM. Hayes
September 2005 to present
Interdepartmental/Agency Review Group on Public Safety —
28 Appointments — Nil vacancies
Appointee
Date Appointed
Dr. Daniel O’Hare 1999
Mr. Michael Byrne 1999
Mr. Niall Cahill 1999
Mr. Alan Connolly 1999
Mr. Pat Costello 1999
Mr. Patrick Cregg 1999
Mr. Vincent Delaney 1999
Mr. Michael Donovan 1999
Mr. Christopher Doyle 1999
Mr. Michael Fitzsimmons 1999
Mr. Kieran Grace 1999
Mr. Sean Griffin 1999
Ms Finola Rossi 1999
Mr. Paddy Heffernan 1999
Mr. Noel Kilkenny 1999
Mr. Philip Lane 1999
Mr. Ken Macken 1999
Mr. Michael Manley 1999
Mr. Fergus McCafferty 1999
Mr. Brendan McInerney 1999

521 Questions— 25 January 2006. Written Answers 522
Appointee
Date Appointed
Mr. Lorcan Nolan 1999
Mr. Ken O’Leary 1999
Mr. Donal O’Sullivan 1999
Ms Helen Raftery 1999
Ms Ann Ruane 1999
Ms Brigitta Guerin 1999
Ms Sylvia Wood 1999
Mr. Frank Wyse 1999
Taskforce on the Prevention of Workplace Bullying established in 21 September 1999 —
14 Appointments — Nil vacancies
Appointee
Date Appointed
Ms Eileen Doyle September, 1999
Ms Áine de Bairtiséil September, 1999
Ms Noreen Walsh September, 1999
Ms Mary Faherty September, 1999
Barbara Cashen September, 1999
Dan Murphy September, 1999
Marie Rock September, 1999
Neil McGuinness September, 1999
Freida Murray September, 1999
Lenore Mrkwicka September, 1999
Louise O’Donnell September, 1999
Caroline Jenkinson September, 1999
Liam Kelly September, 1999
Catherine Smith May, 2000
Expert Advisory Group on Workplace Bullying established in September 2004 —
16 Appointments — Nil vacancies
Appointee
Date Appointed
Paul J Farrell September, 2004
Patricia Murray September, 2004
Seamus Doher September, 2004
Barbara Cashen September, 2004
Fergus Whelan September, 2004
Peter Flood September, 2004
Brian Montague September, 2004
Maura Harte September, 2004
Jarleth McInerney September, 2004
Mona O’Moore September, 2004
Marie Corcoran September, 2004
Kevin Walsh September, 2004
Marie Rock September, 2004
Louise O’Donnell September, 2004
Martin Lynch September, 2004
Lucy Fallon Byrne September, 2004

523 Questions— 25 January 2006. Written Answers 524
[Mr. Martin.]
Irish Auditing and Accounting Supervisory Authority —
15 Appointments — Nil vacancies
Appointee
Date Appointed
Ms Karen Erwin January, 2003
Mr. Tony Kelly January, 2003
Mr. David Martin January, 2003
Mr. Donal O’Connor January, 2003
Ms Marie Daly January, 2003
Senator Joe O’Toole January, 2003
Mr. Paul Appleby January, 2003
Ms Helene Coffey January, 2003
Mr. Michael Deasy January, 2003
Mr. Seán Hawkshaw January, 2003
Mr. Tom Healy January, 2003
Mr. Pat A Houlihan January, 2003
Mr. Jim Kelly January, 2003
Ms Anne Maher January, 2003
Competition Authority —
6 Appointments — 2 vacancies at present
Appointee Date Appointed Date Reappointed
Dr. John Fingleton May, 2000 May, 2005
Declan Purcell April, 1998 November, 2001
Dr. Paul Gorecki June, 2000 June, 2005
Ms Isolde Goggin November, 2001
Mr. Terry Calvani May, 2002
Mr. Ted Henneberry September, 2003
National Consumer Agency (Interim Board) —
13 Appointments — Nil vacancies
Appointee
Date Appointed
Ms Ann Fitzgerald June, 2005
Ms Carmel Foley June, 2005
Ms Gillian Kelly June, 2005
Ms Marie Barry Ring June, 2005
Mr. Alex Schuster June, 2005
Dr. Edward Shinnick June, 2005
Mr. Stephen Costelloe June, 2005
Mr. Eddie Hobbs June, 2005
Ms Inez Bailey June, 2005
Mr. Robin O’ Sullivan June, 2005
Ms Deirdre McDonnell June, 2005
Dr. John Fingleton June, 2005
Ms Celia Larkin July, 2005

525 Questions— 25 January 2006. Written Answers 526
Company Law Review Group —
29 Appointments — Nil vacancies at present
Appointee
Term(s) of Appointment
Dr. Thomas B. Courtney 2000-2003 2004-2007
Mr. Paul Appleby 2000-2003 2004-2007
Ms Marie Daly 2000-2003 2004-2007
Mr. Paul Egan 2000-2003 2004-2007
Mr. Alocoque Condon 2000-2003
Mr. Paul Farrell 2000-2003 2004-2007
Mr. Michael Halpenny 2000-2003 2004-2007
Mr. Martin Jacob 2000-2003
Mr. William Johnston 2000-2003 2004-2007
Mr. Roger Kenny 2000-2003
Mr. Ralph McDarby 2000-2003 2004-2007
Mr. Vincent Madigan 2000-2003 2004-2007
Ms Tanya Holly 2000-2003 2004-2007
Ms Maire O’Connor 2000-2003 2004-2007
Mr. John O’Donnell SC 2000-2003
Ms Nora Rice 2000-2003 2004-2007
Ms Geraldine Jones 2000-2003
Ms Deirdre Somers 2000-2003 2004-2007
Mr. Enda Twomey 2000-2003
Ms Muriel Hinch 2000-2003 2004-2007
Mr. Frank Cuneen 2000-2003
Mr. Conall O’Halloran 2004-2007
Mr. Ian Drennan 2004-2007
Ms Mary Burke 2004-2007
Mr. Jonathan Buttimore 2004-2007
Mr. Lyndon MacCann 2004-2007
Ms Fiona Delahunty 2004-2007
Mr. Jon Rock 2004-2007
Mr. Noel Rubotham 2004-2007
Review Group on Auditing —
Appointments — Nil vacancies
Appointee
Date of Appointments
Senator Joe O’Toole 17 February, 2000
Professor Niamh Brennan 17 February, 2000
Mr. Joe Brady 17 February, 2000
Mr. Shay Cody 17 February, 2000
Mr. John Corcoran 17 February, 2000
Mr. Brendan Dennehy 17 February, 2000
Mr. Colm Dunne 17 February, 2000
Mr. Alan Farrelly 17 February, 2000
Mr. Robert Grier 17 February, 2000
Mr. Jim Kelly 17 February, 2000
Mr. David Leonard 17 February, 2000
Dr. Irene Lynch-Fannon 17 February, 2000
Mr. Conor O’Mahony 17 February, 2000
Dr. Liam O’Reilly 17 February, 2000
Mr. Terence O’Rourke 17 February, 2000
Dr. James Stewart 17 February, 2000

527 Questions— 25 January 2006. Written Answers 528
[Mr. Martin.]
Credit Union Advisory Committee —
12 Appointments — Nil vacancies
Appointee
Date of Appointments
Mr. Michael Woods 1997
Mr. Pat Coughlan 1997
Mr. James O’Connell 1997
Mr. Tim Molan 1997
Mr. Andrea Mulhall 1997
Mr. Selina Gilleece 1997
Mr. Brian Sherry 1997
Ms Maureen Monaghan January, 2001
Ms Anne Forde January, 2001
Mr. Tim Molan January, 2001
Mr. Martin Nolan January, 2001
Mr. Gerry Thompson January, 2001
Office of Director of Corporate Enforcement —
1 Appointment — Nil vacancies
Appointee
Date of Appointment
Mr. Paul Appleby 28 November, 2001
Office of Consumer Affairs —
1 Appointment — Nil vacancies
Appointee Date Appointment Date of Reappointment
Ms Carmel Foley 13 November, 1998 13 November, 2003
Business Regulation Forum —
20 Appointments — Nil vacancies
Appointee
Date of Appointment
Dr. Donal De Buitléir November, 2005
Mr. Diarmuid Bradley November, 2005
Ms Marie Daly November, 2005
Mr. Pat Delaney November, 2005
Mr. Gearóid Doyle November, 2005
Mr. Pat Farrell November, 2005
Mr. Mark Fielding November, 2005
Mr. Maurice Healy November, 2005
Mr. Eoin Gahan November, 2005
Mr. Trevor Holmes November, 2005
Mr. Dermot Jewell November, 2005
Mr. Philip Kelly November, 2005
Mr. Ronald Long November, 2005
Professor Irene Lynch Fannon November, 2005
Mr. Andrew McDowell November, 2005
Mr. Pat Nolan November, 2005

529 Questions— 25 January 2006. Written Answers 530
Appointee
Date of Appointment
Senator Feargal Quinn November, 2005
Ms Imelda Reynolds November, 2005
Ms Miriam Ryan November, 2005
Dr. John Thompson November, 2005
Proposed Legislation.
736. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment his plans to
strengthen legislation to implement the Seveso 2
directive into Irish law. [1175/06]
Minister of State at the Department of
Enterprise, Trade and Employment (Mr.
Killeen): My Department recently received the
draft text of Regulations from the Health and
Safety Authority, which are designed to transpose
Council Directive 96/82/EC on the control of
major accident hazards involving dangerous substances,
as amended by Directive 2003/105/EC of
the European Parliament and of the Council.
This is more generally known as the Seveso 2
directive. The new regulations will revoke and
replace (i) the European Communities (Control
of Major Accident Hazards Involving Dangerous
Substances) Regulations 2000 (S.I. No. 476 of
2000), and (ii) the European Communities
(Control of Major Accident Hazards Involving
Dangerous Substances) (Amendment) Regulations
2003 (S.I. No. 402 of 2003). The regulations
will apply to establishments where dangerous
substances are present in amounts equal to
or exceeding certain application thresholds.
Operators of establishments will be required to
take all necessary measures to prevent the occurrence
of major accidents and to limit the consequences
of accidents for people and the environment.
The regulations will impose duties in
respect of safety management systems, preparation
of safety reports and emergency preparedness
and they will also deal with provision
of advice on major hazards in the context of landuse
planning decisions. I expect the legal text of
the regulations will be settled in the near future,
which will enable me to sign the statutory instrument
to bring the directive into force.
Ministerial Appointment.
737. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment the arrangements
which have been made regarding the
appointment of a chief scientific adviser.
[1177/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): Following the resignation of
the Chief Science Adviser late last year, I
announced that the post would be filled by open
competition. The CSA is appointed by the
Government and I intend to bring forward proposals
to Government on this matter in the near
future.
Departmental Staff.
738. Mr. Quinn asked the Minister for
Enterprise, Trade and Employment the number
of staff in his Department on leave undertaking
full-time study paid for by his Department; the
number who are undertaking part-time or
evening study paid for by his Department; the
subject areas in which these persons are studying;
the qualifications which are expected to be
achieved; his plans to make best use of those
qualifications upon completion of the study
period; and if he will make a statement on the
matter. [1319/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): Under my Department’s
refund of fees scheme, the costs of appropriate
third level courses, which are pursued in officers’
own time, are refunded on successful completion
of such courses. All staff are encouraged to participate
in the scheme, as the pursuit of appropriate
third level qualifications enhances their
personal development and assists the Department
to meet its business objectives more effectively.
A total of 39 officers in my Department are pursuing
third level courses under the scheme in the
subject areas of business, accounting, management,
public administration, industrial relations,
law, IT and psychology. On successful completion
of their studies, five officers will be awarded postgraduate
qualifications, 24 will be awarded
primary degrees, seven will be awarded diplomas
and three will be awarded certificates. My
Department also recognises that there is a need
to form a cadre of officers who are qualified academically
to address the future challenges it faces
and, accordingly, strategically nominates officers
to pursue appropriate post graduate courses as it
sees fit. Three officers are pursuing postgraduate
courses, the costs of which are being met in full
by my Department. One officer was successful in
the interdepartmental competition organised by
the Department of Finance in 2005 to select candidates
to participate in the 2005-07 masters programme
in public policy analysis on a full-time
basis. In accordance with the terms of the programme,
this officer has been granted leave with
pay to attend lectures during the 2005-06
academic year. The other two officers are pursuing,
on a part-time basis, the doctorate in governance
offered jointly by the Institute of Public
Administration, Dublin, and Queen’s University,

531 Questions— 25 January 2006. Written Answers 532
[Mr. Martin.]
Belfast. In accordance with my Department’s HR
Strategy 2005-2007, every effort will be made to
obtain the maximum return on investment in
third level education by ensuring the best match,
in the light of business needs of the Department,
between the knowledge, skills and competencies
of the staff member and their role in the
Department.
Health and Safety Regulations.
739. Caoimhghín ÓCaoláin asked the Minister
for Enterprise, Trade and Employment the
reason the death of a person (details supplied) in
a road accident on the N59 at Murrivagh, County
Mayo, on 22 December 2004 does not meet the
Health and Safety Authority’s definition of a
worksite fatality, in view of Mayo County
Council’s admission that work was ongoing at the
site where the accident, which was due to an
unmarked temporary road surface, occurred; if he
will meet the family of the deceased; and if he
will make a statement on the matter. [1364/06]
Minister of State at the Department of
Enterprise, Trade and Employment (Mr.
Killeen): There was understandable upset at this
tragic accident at Mulranny, County Mayo, where
this young woman was killed in December 2004.
I have replied to parliamentary questions on the
accident and I have received a number of representations
from the family concerned and from
elected representatives. Following the accident,
the Health and Safety Authority made inquiries
and concluded that, although road works were
ongoing on a stretch of the road, the work on the
section where the accident took place had been
completed, even to the extent that lines had been
marked on the road. The authority wrote on 25
April 2005 to the family concerned and explained
why it was not carrying out an investigation stating
that the remit of the authority is confined to
the investigation of occupational accidents and
that the primary responsibility for investigating
accidents which occur on public roads lies with
the Garda.
I am not aware that the family wishes to meet
me but I understand that the chief executive
officer of the HSA had a meeting with the family
of the deceased on 1 December 2005. As a result
of the meeting, and the provision of new information
by the family, the authority carried out a
review of the circumstances of the accident with
a view to establishing whether health and safety
legislation governed the circumstances surrounding
the accident. In this regard, two senior inspectors
were appointed by the authority to compile
a report. The report is completed and, as a result,
a full investigation by the authority is following
in line with its remit. The chief executive officer
of the authority has been in contact with the
family directly regarding the findings of the
review.
740. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment the permitted
levels of carbon monoxide to which workers
killing mink in fur farming operations are allowed
to be exposed to. [1366/06]
743. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment if inspectors
from his Department have investigated the working
conditions of persons engaged in killing mink
in fur farming operations. [1377/06]
Minister of State at the Department of
Enterprise, Trade and Employment (Mr.
Killeen): I propose to take Questions Nos. 740
and 743 together.
The Safety, Health and Welfare at Work
(Chemicals Agents) Regulations 2001 (S.I. No.
619 of 2001) deal with protecting workers from
the risks related to chemical agents at work. The
regulations serve to ensure a workplace using
chemical agents must have an associated risk
assessment performed, outlining the prevention
and protection measures required to adequately
protect the safety and health of those involved,
where there is potential for exposure to occur.
The regulations apply to all workplaces and work
activities where there is a risk of exposure to a
chemical used which may potentially have an
adverse affect on workers. The associated Code
of Practice for Chemical Agents, published by the
Health and Safety Authority in 2002, sets out designated
occupational exposure limit values,
OELVs, for more than 700 chemicals, including
an OELV for carbon monoxide at 20 ppm — 23
mg/m3 — as the value not to be exceeded over
an eight hour reference period. The OELV for
carbon monoxide is applicable to all work places
and work activities where there is a risk of
exposure to carbon monoxide while workers are
at work, including at mink farms.
Where a chemical is known to be used and
where workers could potentially be exposed to
that chemical, employers are required, under the
chemical agents regulations, to perform a site
specific risk assessment to ensure their workers
are adequately protected against the risk of such
exposures occurring, including the implementation
of all necessary control measures to
prevent exposure to that chemical. Inspectors
from the Health and Safety Authority last carried
out a series of routine inspections on a number
of mink farms in 2002 and no major issues relating
to workers’ safety were identified then. The
authority received no complaints regarding
worker safety, health or welfare on mink farms
last year but if complaints are received in the
future, they will be investigated.
Job Protection.
741. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment the Government
policy on indefinite duration contracts; and

533 Questions— 25 January 2006. Written Answers 534
the measures which can be put in place to offer
greater job security to persons who are employed
under such contracts. [1375/06]
Minister of State at the Department of
Enterprise, Trade and Employment (Mr.
Killeen): Government policy on indefinite duration
contracts is dictated by the Protection of
Employee (Fixed-Term Work) Act 2003. The Act
provides that a fixed-term contract employee
shall not be treated less favourably than a comparable
permanent employee in respect of conditions
of employment including pay and pensions.
To invoke the anti-discrimination
provisions in the Act, the fixed-term employee
must find a permanent comparator with (a) the
same or associated employer (b) as specified in a
collective agreement or (c) in the same sector or
industry. In the case of (a) and (c), the fixed-term
employee and the comparable permanent
employee must perform the same or similar work
or work of greater or equal value.
The Act also provides that where a fixed-term
employee whose contract of employment commenced
before the commencement of the 2003
Act on 14 July 2003 completes or has completed
three years of continuous employment with his or
her employer or associated employer, the fixedterm
contract may only be renewed once more by
the employer for a period of no longer than one
year and if it is renewed again after that it is
deemed to be a contract of indefinite duration
unless the employer has objective grounds for
renewing the contract again on a fixed-term basis.
In addition, the Act provides that , in the case
of a fixed-term employee recruited after the
enactment of the Act, if he or she is employed by
his or her employer or associated employer on
two or more continuous fixed-term contracts the
aggregate duration of such contracts shall not
exceed four years after which if the contract is
renewed again it is deemed to be a contract of
indefinite duration unless the employer has
objective grounds for renewing the contract again
on a fixed-term basis. Under the Act, a ground
would be considered as an objective ground for
treatment in a less favourable manner, including
the renewal of a fixed-term employee’s contract
for a further fixed term, if it is based on considerations
other than the status of the employee as a
fixed-term employee and the less favourable
treatment is for the purpose of achieving a legitimate
objective of the employer and such treatment
is necessary for that purpose. If a fixed-term
employee feels that he or she is being treated less
favourably as regards conditions of employment
including pay and pensions than a permanent
comparator or if he or she considers that he or
she is entitled to a contract of indefinite duration
and if his or her employer refuses to concede this,
it is open to him or her to refer the matter to a
rights commissioner for adjudication.
Industrial Disputes.
742. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment the Government
policy on agencies which receive State funding
but do not accept decisions of the Rights
Commissioners, the Labour Relation Commission
or the Labour Court. [1376/06]
Minister of State at the Department of
Enterprise, Trade and Employment (Mr.
Killeen): The system of industrial relations in
Ireland is essentially voluntary in nature. The
State has established a number of institutions to
assist in the resolution of trade disputes between
employers and workers. These institutions are the
Labour Relations Commission, the Rights Commissioner
Service and the Labour Court. The
Labour Relations Commission’s conciliation
service is a voluntary mediation process. In this
process, a professional mediator assists employers
and their employees to resolve disputes when
their efforts to do so have not succeeded. The
process can be described as a facilitated search
for agreement between parties in dispute. Where
the process ends in continuing disagreement the
parties have the option of referring the dispute to
the Labour Court for a recommendation.
The Labour Court conducts hearings on trade
disputes and then issues recommendations setting
out its opinion on the dispute and the terms on
which it should be settled. In accordance with the
voluntarist nature of the industrial relations
machinery in this country, the Labour Court
cannot compel a company to comply with its
recommendations. As the Labour Court is a court
of last resort in the industrial relations process, it
is expected that the parties come to the process
in good faith and consequently are prepared to
accept the outcome of the process namely the
Labour Court recommendation.
The Industrial Relations (Amendment) Act
2001, as amended, provides legislative procedures
for resolving disputes between trade unions and
employers where collective bargaining arrangements
are not in place. The Act and the associated
enhanced code of practice on voluntary dispute
resolution provide the parties with the
opportunity to negotiate a settlement or to accept
a recommendation of the Labour Court. If none
of these procedures are successful in resolving the
dispute, the Labour Court may be asked to issue
a determination that can be enforced through the
Circuit Court.
Rights Commissioners investigate trade disputes
referred by individuals or small groups of
workers. Having carried out an investigation, a
Rights Commissioner issues a recommendation,
which is not binding on the parties involved, giving
his or her opinion on the merits of the dispute.
A party to a dispute under the Industrial
Relations Acts may, however, appeal against a
Rights Commissioner’s recommendation to the
Labour Court. The decision of the court on such

535 Questions— 25 January 2006. Written Answers 536
[Mr. Killeen.]
appeals is binding on the parties to the dispute.
Section 20(1) of the Industrial Relations Act 1969
provides a means whereby a case can be brought
directly to the Labour Court without the case
having been previously heard by a Rights Commissioner.
To refer a case to the Labour Court
under this section, however, the party or parties
referring the case must agree in advance that they
will accept the recommendation of the Labour
Court. Ultimately, responsibility for the settlement
of a trade dispute rests with the parties to
the dispute. The law on industrial relations disputes
does not generally seek to impose a solution
on the parties to a dispute but to assist them
in arriving at a solution.
Question No. 743 answered with Question
No. 740.
Metrology Service.
744. Mr. Naughten asked the Minister for
Enterprise, Trade and Employment the last date
on which the metrology service carried out an
inspection at each meat export plant; it this complies
with the Metrology Act 1996; and if he will
make a statement on the matter. [1471/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The tabular statement that
follows sets out the inspections carried out by the
Legal Metrology Service during 2005. Furthermore,
the Legal Metrology Service has advised
that, while a limited inspection regime is
operated, a full programme of inspection of
weighing equipment in meat processing plants
will not be possible until an industrial relations
issue relating to the conveyance of testing equipment
is resolved. Negotiations with staff representatives
on the utilization of private haulage
firms to convey heavy equipment to and from
meat plants and provide assistance on site have,
to date, been unsuccessful and the matter is
awaiting hearing by the Labour Relations Commission.
Full compliance with the Metrology Act
1996 throughout the sector can only be established
when the industrial relations issue is
resolved and a full inspection regime is resumed.
Export Plant Location Date
AIBP Cahir, Co. Tipperary 11 January 2005
Dawn Meats Ballaghaderreen, Co. Roscommon 26 January 2005
Dawn Meats Ballyhaunis, Co. Mayo 18 February 2005
Slaney Foods Bunclody, Co.Wexford 17 May 2005
Ashbourne Meats Roscrea, Co. Tipperary 8 June 2005
AIBP Nenagh, Co. Tipperary 27 June 2005
Kepak Hacketstown, Co. Carlow 26 July 2005
AIBP Clones, Co. Monaghan 2 September 2005
Kepak Ballymahon, Co. Longford 16 October 2005
Donegal Meat Processors Carrigans, Co. Donegal 20 October 2005
Job Losses.
745. Mr. O’Dowd asked the Minister for
Enterprise, Trade and Employment if he will
make a statement on the recent job losses at a
company (details supplied) in County Louth; and
if there was consultation with the IDA before the
job losses were announced. [1526/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The company in question
announced through its corporate headquarters
that it was rationalising its European operations
and that this would require a reduction in job
numbers of 300 across its facilities. Part of its
manufacturing operation in Drogheda is being
transferred to a sister facility in Holland. This will
result in the loss of approximately ten permanent
and 15 part-time jobs in Drogheda. While there
was no consultation with IDA Ireland prior to the
announcement, I am aware that last year,
employment at the Drogheda facility increased
from 70 people to almost 130 people, as a result
of an earlier rationalisation which saw the
transfer of manufacturing activity from other
European facilities into Drogheda. Staff numbers
are expected to stabilise in Drogheda at approximately
100.
Job Creation.
746. Mr. O’Dowd asked the Minister for
Enterprise, Trade and Employment the number
of job losses and new jobs created by job creation
agencies in County Louth by location in the
county for each year since 2000; the amount
invested in job creation; the amount of land
zoned for employment by location in County
Louth for each of these years; his plans to attract
new employment to the county; and if he will
make a statement on the matter. [1527/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): Job creation and job losses
are a feature of economic development in all
countries as various sectors expand and contract
in response to market demand for goods and
services, competitive forces, restructuring and

537 Questions— 25 January 2006. Written Answers 538
technological change. State support for enterprise
and job creation is channelled through the industrial
development agencies, IDA Ireland, which
has responsibility for foreign direct investment
and Enterprise Ireland, which is concentrating on
the development of indigenous industries. The
Forfás Annual Employment Survey records jobs
gained and lost in companies supported by the
industrial development agencies. Data are compiled
on an annualised basis and are aggregated
at county level only. Final data for 2005 will not
be available until later this year. The following
tables provide details for each year between 2000
and 2004 of the total funding approved and paid
by each agency to companies in the county, the
number of supported companies and total
employment in these companies, job gains and
losses in supported companies and, in the case
of IDA Ireland, the total investment in propertyrelated
capital projects.
While the IDA maintains a property portfolio
to support and facilitate enterprise and job
creation in the county, the zoning of land is a
matter for the local authorities and not a matter
in which the agencies have a function, other than
in situations where, in furtherance of their statutory
briefs, it would be appropriate for the agen-
cies to make submissions or representations to
the local authorities. Both agencies actively promote
and encourage new investments and jobs
for County Louth and also work with existing
clients in the county with a view to helping them
expand and or move their activities up the value
chain. In addition to the activities of the development
agencies, my Department also provides
funding to the Louth County Enterprise Board,
which was established in October 1993 to provide
support for small businesses with ten employees
or fewer. Between 2000 and 2005 the board paid
out more than \1.4 million in grant aid to 172
projects in County Louth, which has assisted in
the creation of 504 jobs in the region. The board
has also organised 128 training programmes over
the same period in which 1,536 people participated.
With the exception of the period 2000 to
2001, there has been an overall net increase in the
number of jobs created by businesses assisted by
Louth CEB. In 2005 there was a net increase of
220 jobs in CEB assisted companies in the county.
I am confident the strategies and policies being
pursued by the development agencies in Louth,
together with the ongoing commitment of
Government to regional development will bear
fruit in terms of additional sustainable investment
and jobs for the people of Louth.
Enterprise Ireland
Louth 2000 2001 2002 2003 2004
Companies 225 207 185 190 177
Jobs 5,504 5,652 4,966 4,642 4,641
Gains 241 521 265 227 531
Losses −602 −373 −951 −551 −532
Payments \1,665,919 \3,154,837 \1,407,491 \1,276,173 \1,194,956
IDA Ireland.
Louth 2000 2001 2002 2003 2004
Companies 25 22 19 19 18
Jobs 3,771 2,621 2,524 2,201 2,143
Gains 1,012 155 179 39 101
Losses −759 −1,305 −276 −362 −159
Payments \21,864192 \34,430 \316,468 \29,890 \241,195
Consultancy Contracts.
747. Mr. Naughten asked the Minister for
Enterprise, Trade and Employment the funds
spent by his Department since June 1997 on consultants,
legal experts and external advice; the
number of reports produced under such contracts
and the number implemented to date by his
Department; the cost of such advice in 2005 and
the planned expenditure for 2006; and if he will
make a statement on the matter. [1534/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The information requested by
the Deputy is being compiled by my Department
but is not yet complete. Given the broad range of
activities involved and the time period encompassed
by the question, together with the
Deputy’s decision not to set a minimum cost
threshold below which the data were not
required, my Department is unable to supply the
material sought by the Deputy within the timescale
requested. Officials in my Department are
however, well advanced in bringing together the
information sought by the Deputy which I will to
forward to him shortly.

539 Questions— 25 January 2006. Written Answers 540
Job Creation.
748. Mr. Ring asked the Minister for
Enterprise, Trade and Employment the number
of people who were working in a company
(details supplied) in County Mayo on 12 January
2006; and when he expects the additional jobs as
announced on that day to be filled in that particular
company. [1557/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): Current employment at the
company’s Westport facility is 40 and is expected
to increase to sixty by the end of the year. The
company is recruiting for high level financial
services positions on an ongoing basis and this has
enabled management to attract additional high
level activities for the business in County Mayo.
Industrial Development.
749. Mr. Ring asked the Minister for
Enterprise, Trade and Employment the number
of jobs created with the assistance of the IDA in
County Mayo in 2005; the breakdown of the jobs
lost in County Mayo for the same period; the
companies which lost or increased jobs in 2005;
and the number of persons currently employed in
IDA supported factories in County Mayo; and if
he will make a statement on the matter.
[1580/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): IDA Ireland is the agency
with statutory responsibility for the attraction of
foreign direct investment, FDI, to Ireland and its
regions. The Forfás annual employment survey
records jobs gained and lost in companies supported
by the IDA. Data is compiled on an annualised
basis and provisional data on a county basis
for 2005 in respect of IDA client companies is not
yet available from the agency.
At the end of 2004, 22 IDA supported companies
were operating in County Mayo, employing
3,213 persons. During 2004, 145 new jobs were
created in IDA supported companies in the
county and 400 jobs were lost in supported companies.
The table below provides a sectoral
breakdown of jobs created and lost in IDA supported
companies in County Mayo.
NACE Sector Breakdown for Job Losses Job Gains
County Mayo 2004 2004
Metals & Engineering −283 37
International Services −68 85
Chemicals −44 23
Paper & Printing −5 0
Work Permits.
750. Mr. Kehoe asked the Minister for
Enterprise, Trade and Employment the status of
the work permit application for a person (details
supplied); when a decision will be made on the
permit; and if he will make a statement on the
matter. [1602/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The work permit section of
my Department has informed me it has no record
of any valid application in this instance. Incomplete
or incorrectly completed applications are
returned to the employer concerned for
amendment.
Industrial Development.
751. Mr. Ring asked the Minister for
Enterprise, Trade and Employment the number
of jobs created with the assistance of Enterprise
Ireland in County Mayo in 2005; the breakdown
of the jobs lost in County Mayo for the same
period; the companies which lost or increased
jobs in 2005; the number of people currently
employed in Enterprise Ireland supported factories
in County Mayo. [1707/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The issues of job creation and
retention in Enterprise Ireland supported companies
is a day-to-day matter for the agency itself,
and not one in which I am directly involved.
In 2005, a total of 122 Enterprise Ireland supported
companies provided 3,054 full time jobs in
County Mayo. During the year, Enterprise
Ireland client companies in the county showed
employment gains of 400 and losses of 143,
resulting in a net change of 257. The net change
of 257 shows a positive reversal of the trend in
2004 and 2003 which showed losses of 39 and 56,
respectively. The table below shows the sectoral
breakdown of these gains and losses. As part of
its strategy to facilitate the creation and retention
of jobs, Enterprise Ireland continues to works
with companies in its portfolio in County Mayo
to assist them in growing their sales and exports
and improving innovation so they can compete
on world markets.
Gains Losses Net
change
International Services 5 −15 −10
Mining & Quarrying 54 −11 43
Manufacturing 341 −117 224
Health and Safety Regulations.
752. Mr. Morgan asked the Minister for
Enterprise, Trade and Employment his views on
whether the unconstitutionality of random drug
testing for drivers also applies to similar drug testing
of employees as provided for in the Safety,
Health and Welfare at Work Act 2005. [1714/06]
753. Mr. Morgan asked the Minister for
Enterprise, Trade and Employment the expected
date of publication of regulations regarding the

541 Questions— 25 January 2006. Written Answers 542
drug testing of employees as provided for in the
Safety, Health and Welfare at Work Act 2005.
[1715/06]
Minister of State at the Department of
Enterprise, Trade and Employment (Mr.
Killeen): I propose to take Questions Nos. 752
and 753 together.
Section 13(1)(c) of the Safety, Health and Welfare
at Work Act 2005 requires an employee,
while at work, “if reasonably required by his or
her employer”, to submit to any “appropriate,
reasonable and proportionate tests for intoxicants
by, or under the supervision of a registered medical
practitioner who is a competent person, as
may be prescribed”.
I have asked the Health and Safety Authority
to develop proposals for a statutory instrument
under the 2005 Act to give effect to this provision.
I expect the authority, in line with its normal
practice, to take into account all relevant matters
relating to testing for intoxicants during the
development of its proposals, which will include
a public consultation process as provided for in
section 57(2) of the 2005 Act. I look forward to
receiving the authority’s proposals in due course.
In line with my undertaking to the House during
the passage of the Bill through the
Oireachtas, I will also submit the proposed draft
regulations on intoxicant testing in the workplace
under the 2005 Act to the Joint Committee on
Enterprise and Small Business for consideration.
Work Permits.
754. Mr. Ring asked the Minister for
Enterprise, Trade and Employment when a work
permit will be issued to a person (details
supplied) in County Mayo. [1745/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The work permits section of
my Department received an application for a
work permit renewal in respect of the above
named individual on 3 January 2006. A reply will
issue within a week.
Science and Technology Advisers.
755. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment if the former
Government chief science advisor advised the
Government on the subject of the incineration of
waste; and if so, if such advice will be made publicly
available. [1766/06]
756. Mr. Boyle asked the Minister for
Enterprise, Trade and Employment if the former
Government chief science advisor advised the
Government on the subject of the genetic modification
of food; and if so, if such advice will be
made publicly available. [1767/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): I propose to take Questions
Nos. 755 and 756 together.
The post of chief science advisor, CSA, to the
Government was established to provide independent
scientific advice to the Government on a
confidential basis. The CSA did not advise the
Government on the subjects of the incineration
of waste and the genetic modification of food.
Industrial Development.
757. Mr. Morgan asked the Minister for
Enterprise, Trade and Employment the average
cost per job of jobs created by the IDA in 2004
and 2005. [1776/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): IDA Ireland is the agency
with statutory responsibility for the attraction of
foreign direct investment, FDI, to Ireland and its
regions. The cost per job sustained in IDA supported
companies is calculated by taking into
account all IDA Ireland expenditure to all firms
in the period of calculation and is calculated using
data collated for the Forfás annual employment
survey. Only jobs created during, and sustained
to the end of, each seven-year period are credited
in the calculations. The cost per job for the sevenyear
period to the end of 2005 is not yet available.
The table below outlines the position for each
of the seven-year periods indicated.
Cost Per Job Sustained
Constant 2004 Prices
1994/2000 1995/2001 1996/2002 1997/2003 1998/2004
\ Euro
IDA Ireland 14,861 14,799 16,815 16,529 14,673
Source: Forfás Annual Employment Survey 2004.
County Enterprise Boards.
758. Mr. Morgan asked the Minister for
Enterprise, Trade and Employment the average
cost per job of jobs created by city and county
enterprise boards in 2004 and 2005. [1777/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): County and city enterprise
boards, CEBs, assist enterprises in the microenterprise
sector, that is, enterprises with no
more than ten employees. The primary role of the
CEBs is to develop indigenous enterprise poten-

543 Questions— 25 January 2006. Written Answers 544
[Mr. Martin.]
tial by stimulating economic activity and promoting
the establishment of micro-enterprises at
local level.
The average cost per job created by the CEBs
in 2004 stands at \4,463 per job. In 2005, the average
cost per job in CEB assisted enterprises
stands at \4,484. The value for money principle
remains fundamental to the business approach
taken by the CEBs. The cost per job created in
2004 and 2005 represents a highly economic cost
to the State. The above calculations are based on
a census of all surviving firms carried out at year
end 2004 and 2005 and incorporate the total
employment in such firms at that date.
Job Creation.
759. Mr. Morgan asked the Minister for
Enterprise, Trade and Employment the average
cost per job of jobs created by Enterprise Ireland
in 2004 and 2005. [1778/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The issue of job creation by
companies supported by the enterprise development
agencies is a day-to-day matter for the relevant
agencies, and not one in which I am directly
involved. Average cost per job is calculated by
taking into account all direct agency expenditure
on Enterprise Ireland client companies. Only jobs
created during, and sustained at the end of, each
seven-year period are represented in the calculations.
Accordingly, the average cost per job created
in companies with assistance from Enterprise
Ireland in the period 1998-2004 was \7,956. an
average cost per job for the period 1999-2005
cannot be calculated until such time as Enterprise
Ireland’s 2005 financial statements are fully audited
by the Comptroller and Auditor General, as
required under section 22 of the Industrial
Development (Enterprise Ireland) Act 1998.
Average cost per job for 2005 will be published
in Enterprise Ireland’s annual report, which is
expected to be released by mid-2006.
Consumer Protection.
760. Mr. J. O’Keeffe asked the Minister for
Enterprise, Trade and Employment if his attention
has been drawn to the widespread concerns
in the Cork and Kerry areas arising from the
operation of pyramid gifting progression
schemes; the information available to him regarding
the operation of such schemes; his views on
whether the Pyramid Selling Act 1980 needs to
be updated; and his proposals in this regard.
[1789/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): I am aware from media
reports that a certain scheme or schemes, involving
people “gifting” sums of money to other
people in the expectation that they would receive
multiples of the original sum involved, has been
operating in the Cork and Kerry area. I understand
the Garda Síochána in County Cork is
investigating this scheme under the Pyramid Selling
Act 1980. This legislation prohibits pyramid
selling schemes and also prohibits the inducement
of people to join such schemes. The Act applies
to goods and services and there may be some
doubt as to whether it applies to situations where
no goods or services are involved. It is ultimately
for the courts to decide whether an infringement
has taken place.
The Unfair Commercial Practices Directive,
2005/29/EC, which was adopted in May 2005,
increases protection for consumers across the EU
by outlawing certain practices. One of the practices
that will be outlawed is “establishing,
operating or promoting a pyramid promotional
scheme where a consumer gives consideration for
the opportunity to receive compensation that is
derived primarily from the introduction of other
consumers into the scheme rather than from the
sale or consumption of products”. A review of the
law on pyramid selling will be undertaken in the
context of the general ongoing review of consumer
legislation and the transposition of the
Unfair Commercial Practices Directive,
2005/29/EC.
I urge people to be vigilant in how they use
their money. They should reflect on whether it is
realistic to expect other people to give them large
sums of money for nothing. Everyone is free to
spend their money as they wish but schemes that
appear too good to be true are probably just that.
Pension Provisions.
761. Mr. P. McGrath asked the Minister for
Enterprise, Trade and Employment the amount
of money collected by his Department by way of
superannuation payments by employees in 2003,
2004 and 2005; and where applicable, the amount
paid into the social insurance fund by those
employees in each of these years; and if he will
make a statement on the matter. [1811/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The total amount collected
by my Department by way of contributions from
employees to superannuation schemes for civil
servants for each of the years 2003, 2004 and 2005
is set out in the first table below. The figures
include payments by established and non-established
civil servants to contributory pension
schemes and to spouses’ and children’s pension
schemes. Additional voluntary contributions and
personal retirement savings account, PRSA, contributions
are not included in the figures.

545 Questions— 25 January 2006. Written Answers 546
Table 1 — Superannuation contributions collected from
employees
2003 2004 2005
\845,950.74 \1,023,177.20 \1,145,429.24
The amount of PRSI collected from employees of
the Department and paid to the social insurance
fund in each of the years 2003, 2004 and 2005 is
provided in the second table below. These figures
comprise contributions made by all employees of
my Department in the years in question.
Table 2 — PRSI contributions collected from employees.
2003 2004 2005
\1,347,806 \1,559,548 \1,662,886
There is no direct correlation between the
amounts collected by way of superannuation contributions
and PRSI contributions. Some
employees who paid PRSI contributions did not
pay superannuation contributions in the years
2003, 2004 and 2005. These include, for example,
employees who are members of a non-contributory
pension scheme and who opted out of the
spouses’ and children’s pension scheme. Equally,
some employees who paid pension contributions
in 2003, 2004 and 2005 may have been exempted
from payment of PRSI due to the level of their
earnings.
Bullying in the Workplace.
762. Mr. Timmins asked the Minister for
Enterprise, Trade and Employment the reason
the recommendations of an expert advisory group
established in 2004 to examine the issue of bullying
have not been implemented to date; and if he
will make a statement on the matter. [1896/06]
Minister of State at the Department of
Enterprise, Trade and Employment (Mr.
Killeen): In August 2004, my predecessor,
Deputy Fahey, established a widely representative
expert advisory group on workplace bullying,
the terms of reference of which were to advise
and report on the effectiveness of measures relating
to the prevention of workplace bullying, the
identification of improvements in procedures and
how to address the contribution made by bullying
to the incidence of workplace stress. On 17
August 2005, I launched the group’s report, a
copy of which is available free of charge on my
Department’s website, www.entemp.ie. The principles
laid down by the group in its report will
underpin future consideration of the issue by the
Government, as anything less is not acceptable in
a fair, safe and equitable workplace.
Following publication of the report, I sought
and obtained the views of the social partners on
this matter. In addition, in September 2005, as
part of the follow up consultation process, my
Department, in the national newspapers and on
my Department’s website, sought the views of
interested parties on how best the recommendations
of the group might be implemented.
Fifteen submissions were received.
My Department is in the process of implementing
one of the key recommendations of the
expert advisory group which was to conduct a follow-up
survey on workplace bullying which is
similar to the survey conducted for the last report
on this subject, published in 2001, in order to
obtain an up-to-date picture of the incidence of
workplace bullying. The tender process for the
award of a contract to conduct the survey commenced
last November but when an insufficient
number of proposals was received, it was decided
to extend the advertising process to the EU Journal.
All the relevant documentation is available
on the www.etenders.gov.ie website. I expect the
successful tenderer to start the survey in the
second quarter of 2006 and to complete it within
as short a timescale as possible. I intend to publish
the results of the survey, hopefully by the end
of this year.
It is essential to have a complete and up-todate
picture of the incidence of the problem in
workplaces before submitting proposals to
Government for consideration, which I intend to
do.
763. Mr. Timmins asked the Minister for
Enterprise, Trade and Employment the policy to
deal with bullying in his Department; if same has
been circulated to all employees; if there are outstanding
law cases regarding the issue by
employees; if cases were dealt with or settled
since 1 January 2000, and if so, the number of
same; if his Department has legislation dealing
with the issue of bullying or plans to introduce
such legislation; and if he will make a statement
on the matter. [1907/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The revised Civil Service
policy on harassment, sexual harassment and
bullying in the workplace, A Positive Working
Environment, which came into effect on 1
September 2005, is the basis for dealing with
bullying issues in my Department. This policy,
which was launched in October 2005, was circulated
to all employees in November 2005. There
have been no law cases dealt with or settled in my
Department in regard to this issue since 1 January
2000 and there are no outstanding law cases.
In August 2004, the then Minister of State in
my Department, Deputy Fahey, established a
widely representative expert advisory group on
workplace bullying, the terms of reference of
which were to advise and report on the effectiveness
of measures relating to the prevention of
workplace bullying, the identification of improvements
in procedures and how to address the con-

547 Questions— 25 January 2006. Written Answers 548
[Mr. Martin.]
tribution made by bullying to the incidence of
workplace stress. On 17 August 2005, the Minister
of State in my Department, Deputy Killeen,
launched the group’s report, a copy of which is
available free of charge on my Department’s
website, www.entemp.ie. The principles laid down
by the group in its report will underpin future
consideration of the issue by the Government.
The key recommendation of the expert advisory
group is that legislation be brought forward
to deal with workplace bullying. This legislation
should apply to all employees in the workforce,
irrespective of employment status. Following
publication of the report, the Minister of State,
Deputy Killeen, sought and obtained the views of
the social partners and other interested parties on
this matter.
My Department is in the process of implementing
the group’s recommendation to conduct
a follow-up survey on workplace bullying which
is similar to the survey conducted for the last
report on this subject, published in 2001, in order
to obtain an up-to-date picture of the incidence
of the workplace bullying. The tender process for
the award of a contract to conduct the survey is
ongoing. I expect the successful tenderer to start
the survey in the second quarter of 2006 and to
complete it within as short a timescale as possible.
The Minister of State, Deputy Killeen, intends
to publish the results of the survey and to bring it
to Government along with the views of the social
partners and other interested parties for decision
on how best to implement the recommendations
of the expert advisory group.
Departmental Staff.
764. Mr. Timmins asked the Minister for
Enterprise, Trade and Employment the bonuses
paid to his staff for the year ending 31 December
2005; the amount of money paid; the way in
which this was calculated; and if he will make a
statement on the matter. [1922/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): Performance related awards
totalling \141,375 were paid in the year ended 31
December 2005 to 13 individuals who held posts
at assistant secretary and deputy secretary level
in my Department and some bodies under the
aegis of my Department. The awards were made
on the basis of a scheme of performance related
awards that operates for these grades across the
Civil Service and is overseen by the committee
for performance awards, established by the Minister
for Finance. The funding available for the
awards is on the basis of 10% of the annual payroll
for the posts covered by the scheme and,
within this limit, awards of up to 20% can be
made to individuals.
Work Permits.
765. Caoimhghín ÓCaoláin asked the Minister
for Enterprise, Trade and Employment if, as
stated on his Department’s website, the work permits
section will renew all work permits whose
terms of issue were adhered to by both the
employer and employee; and if his Department
has adopted a policy that work permits may not
be renewed for unskilled workers. [2081/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): It is my Department’s policy
to consider favourably applications from
employers for the renewal of existing work permits,
in all sectors, where the employment and
immigration conditions pertaining to the issue of
the original permit continue to be met by
employers.
Community Employment Schemes.
766. Dr. Cowley asked the Minister for
Enterprise, Trade and Employment his views on
the Disability Act which claims to protect and
develop services for people with disabilities; if he
is aware that it is unsatisfactory that the most
vital and basic services are being delivered by
community employment scheme participants; if
his attention has further been drawn to the fact
that the use of community employment
employees is no longer sufficient or appropriate
to supply necessary services to groups (details
supplied) due to the non-continuance of service
as there is a time limit on these schemes; if he is
further aware that 3,000 people weekly rely on
these services; his plans to rectify this situation;
and if he will make a statement on the matter.
[2146/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): This Government is committed
to addressing the needs of those with disabilities
and, in particular, to removing the
obstacles which make it difficult for people with
disabilities to participate in the labour market.
Community employment is an active labour
market programme designed to provide eligible
long-term unemployed people and other
disadvantaged persons, including those with a disability,
with an opportunity to engage in work
and training within their communities on a fixedterm
basis. Experience has shown that CE helps
unemployed people to re-enter the active workforce
by breaking the cycle of unemployment
through a return to a work routine. It also assists
in the enhancement and development of both
their technical and personal skills.
In addition, CE enables the provision of a wide
range of social and community services at local
level which augment and support statutory
service arrangements. Optimum benefit is
derived when CE schemes are aligned with
services provided by the Department of Health
and Children. I am informed that many CE par-

549 Questions— 25 January 2006. Written Answers 550
ticipants go on to become qualified professional
workers in selected employments such as child
care and as personal care assistants.
The ring fencing and prioritisation of places for
health related services, child care and drugs task
force clients is in place for the past five years. As
a result, CE participation within these sectors has
and continues to be maintained at a constant and
supportive level.
Public Procurement Policy.
767. Mr. Kenny asked the Minister for
Enterprise, Trade and Employment if his Department
has produced an annual corporate procurement
plan in respect of each of the years 2000
to 2005; and if he will make a statement on the
matter. [2242/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): Following publication of the
national public procurement policy framework by
the Department of Finance in May 2005, which
included a proposal that Departments should
produce corporate procurement plans, it is the
intention of my Department to prepare such a
plan during the course of 2006.
Departmental Bodies.
768. Ms Shortall asked the Minister for
Enterprise, Trade and Employment the bodies
under the aegis of his Department which have not
provided him with a 2004 annual report; and in
the case of each body from whom he has received
such a report, if same has been laid before the
Houses of the Oireachtas. [2281/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): I am awaiting annual reports
for 2004 from two county enterprise boards, the
Registrar of Friendly Societies and the NSAI. In
regard to the annual reports received from the
other bodies under the aegis of my Department,
the report submitted by the Employment
Appeals Tribunal has not yet been laid before the
Houses of the Oireachtas. However, I understand
that this will be done shortly.
Work Permits.
769. Ms M. Wallace asked the Minister for
Enterprise, Trade and Employment the position
in regard to a United States citizen who wishes to
work here; if this person can apply for a work
permit or work visa; the circumstances in which
to make such an application; and if he will make
a statement on the matter. [2292/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The work permits section of
my Department will consider granting an
employer a work permit for highly skilled and
highly paid positions within certain sectors. The
sectors for which work permits may not be
applied are on the Department website at
www.entemp.ie.
The working visa and work authorisation
scheme was introduced by my Department for
designated sectors of the employment market
where skill shortages are particularly acute. The
scheme requires that particular qualifications
have been met and is administered through the
Department of Foreign Affairs. Applications are
only processed at Irish embassies and consulates
abroad and application forms are available from
same. Further information is available on my
Department’s website at www.entemp.ie.
Job Creation.
770. Mr. Ring asked the Minister for
Enterprise, Trade and Employment the number
of jobs lost and created in 2005 and to date in
2006 in County Mayo. [2360/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): Employment data in respect
of enterprise agency supported firms is collated
by Forfás on a calendar year basis, January to
December, and accordingly no data is available
in respect of 2006. During 2005, 609 full-time jobs
were created in enterprise agency assisted firms
while 474 were lost, giving a net gain of 135 jobs
for the year. Permanent employment in agency
assisted companies in County Mayo at the end of
2005 stands at 6,793. In addition, during 2005,
Mayo County Enterprise Board, CEB, approved
a total of \437,965 to 23 projects and paid out
\301,239 in grant assistance which resulted in the
creation of 53 net jobs in CEB assisted companies
throughout the county.
The latest live register analysis from the CSO
for the 12-month period to December 2005, at
5,141, shows a decrease of 279 compared to
December 2004, at 5,420, for County Mayo.
While the live register is not a true record of the
level of unemployment, it is nevertheless a useful
indicator of the current employment trend. Furthermore,
the most recent quarterly national
household survey figures, for the third quarter of
2005, shows an unemployment rate for the west
of 3.9%, which is significantly below the national
average figure of 4.6%.
771. Cecilia Keaveney asked the Minister for
Enterprise, Trade and Employment the status of
the interdepartmental committee looking into the
employment needs of Donegal; and if he will
make a statement on the matter. [2380/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The interdepartmental group
on Donegal, chaired by the Secretary General of
my Department, has met on three occasions. The
terms of reference of the group are to: identify
the various local issues representing barriers to
the establishment and operation of enterprises;
take stock of relevant projects and actions

551 Questions— 25 January 2006. Written Answers 552
[Mr. Martin.]
already under way or planned; and identify
measures that could be taken by the relevant
Departments and agencies to support the environment
for enterprise development and quantify
the resources required.
I have asked the group to report to me as a
matter of urgency and, when I have had an
opportunity to consider its findings, I intend to
bring them to Government.
Company Closures.
772. Mr. Timmins asked the Minister for
Enterprise, Trade and Employment the amount
of money owed to the unsecured creditors at a
company (details supplied) in County Wicklow;
when same will be paid; and if he will make a
statement on the matter. [2431/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The determination of any
payments due to creditors of IFI is a matter solely
for the liquidator. The position of unsecured
creditors can only be determined by the liquidator
when all the assets of the company have
been realised and all liabilities established. In this
regard, I understand the liquidator has made considerable
progress in realising the assets of the
company and establishing the full extent of its
liabilities.
I also understand the liquidator informed a
meeting of creditors yesterday that he intends to
make an interim payment of 10% to unsecured
creditors shortly and that he envisages the final
payout to creditors could be of the order of 40%
to 45% of the money owed to them.
Grant Payments.
773. Mr. Timmins asked the Minister for
Enterprise, Trade and Employment the discussions
he has had with a company (details
supplied) in County Wicklow since 1 January
2006; the outcome of these discussions; and if he
will make a statement on the matter. [2478/06]
774. Mr. Timmins asked the Minister for
Enterprise, Trade and Employment the grants a
company (details supplied) in County Wicklow
received since its establishment; the basis on
which it received same; the conditions attached;
and if he will make a statement on the matter.
[2479/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): I propose to take Questions
Nos. 773 and 774 together. Executives of IDA
Ireland met parent company representatives on
12 January 2006 to discuss the restructuring which
is taking place within the company in question.
The meeting confirmed the company’s commitment
to its operations in Arklow and Cherrywood,
County Dublin, and to developing sales in
the European market. I understand Arklow will
be one of two processing centres of excellence for
the company’s business and is a key element of
its future strategy. The Irish employees have been
briefed on the company’s future plans.
The company in question has been paid grants
amounting to \1.1 million. These grants were
paid subject to IDA Ireland’s normal grant conditions
and on the basis of 343 jobs being created.
It is envisaged that the company will maintain a
minimum of 350 jobs. Current employment
stands at 372 in Arklow and 54 in Cherrywood.
Consultations regarding the redundancies
required by the company are ongoing between
the company itself and its business focus forum,
which comprises representatives of staff and management.
These consultations are expected to
conclude shortly.
775. Mr. Timmins asked the Minister for
Enterprise, Trade and Employment the amount
of grant assistance given to assist job creation
directly in 2005; and if he will make a statement
on the matter. [2480/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): A range of financial supports
and non-financial supports are provided to clients
annually by the enterprise development agencies
in support of various objectives such as improving
competitiveness, improving client export capability,
improving research and development and
innovation, and improving employee skill levels,
all of which combined result in stronger and
healthier companies capable of retaining and
increasing levels of employment as business
grows. While agencies may provide direct grant
assistance for the purpose of job creation, it
should be noted that the assistance is generally
part of a suite of supports which are mutually
reinforcing.
Figures for 2005, across the agencies, will only
be available later in the year when accounts are
finalised for 2005. However, the agencies have
provided provisional figures for 2005. Enterprise
Ireland reports that it approved \85.5 million,
including research and development and equity
supports, in 2005 and made payments of circa \68
million, including research and development and
equity supports, to its client companies. The total
funding approved in 2005 for employment grants
amounted to \4.5 million while \3.3 million was
paid directly to companies in the form of employment
grants in this period. Employment grants
reflect just one element of the comprehensive
Enterprise Ireland business development offer.
In 2005, IDA Ireland approved grants totalling
\173.4 million, which will give rise to payments
being made over a number of years. I understand
provisional figures for IDA Ireland for 2005 show
\84.4 million was paid in grant-aid to client companies
during the year. Of this amount, \73.0 million
was paid from the agency’s Exchequer allo-

553 Questions— 25 January 2006. Written Answers 554
cation and the balance of \11.4 million from own
resources. Shannon Development reports that
\6.9 million was approved and \7.7 million paid
in grants for its clients in 2005. Of this, \263,000
was in respect of employment grant approvals
and \993,000 was paid in respect of employment
grant.
Initial statistics for 2005 indicate the 35 county
and city enterprise boards, CEBs, approved \12.5
million and paid \10.8 million in grant assistance
to 948 projects and contributed to the creation of
an additional 1,897 full-time and 697 part-time
jobs throughout the country. The total number
currently employed in CEB assisted companies
from the establishment of the boards in 1993 to
31 December 2005 now stands at 32,518 full-time
and 9,240 part-time jobs. Provisional figures for
2005 indicate the CEBs approved employment
grants to more than 280 projects nationally
throughout the year.
Freedom of Information.
776. Ms Burton asked the Minister for
Enterprise, Trade and Employment the public
bodies and agencies within his Department
exempted from the full remit of the freedom of
information legislation; and if he will make a
statement on the matter. [2737/06]
Minister for Enterprise, Trade and Employment
(Mr. Martin): The following bodies under
the remit of my Department are subject to the
full remit of the freedom of information legislation:
the Competition Authority, the Office of
the Director of Consumer Affairs, the Companies
Registration Office, the Office of the Registrar
of Friendly Societies, the Patents Office, Forfás,
Enterprise Ireland, IDA Ireland, Nítrigin Éireann
Teoranta, in liquidation, Shannon Development
and FÁS.
In addition, on 21 October 2005, the Minister
for Finance announced the extension of FOI to a
number of additional bodies. Some 41 of these
bodies, comprising 35 city and county enterprise
boards, the Crafts Council of Ireland, the Company
Law Review Group, the European Social
Fund Financial Control Unit, the Labour Court,
Science Foundation Ireland and Skillnets, come
under the aegis of my Department. With the
exception of the Labour Court, all of them will
come under the full remit of FOI when the appropriate
regulations are brought into effect. The
Labour Court will come under the remit of FOI
with respect to its administrative functions.
The bodies listed below, which come under the
remit of my Department, are subject to the provisions
of the Freedom of Information Act in
respect of certain functions only. A full listing of
the functions covered by FOI is provided in the
relevant statutory instrument, Freedom of Information
Act 1997 (Prescribed Bodies) (No. 3)
Regulations 2001, SI 128 of 2001.
In respect of the Labour Relations Commission,
records relating to the provision of
services regarding particular trade disputes,
employers, trade unions, employers’ organisations
and employees or their representatives are
outside the scope of the FOI Act. In regard to
the National Standards Authority of Ireland, FOI
applies only with respect to the functions of management,
administration, finance, commercial
activity, communications, making of contracts of
or for service with any person, company or other
body, making and development of policy, and
certification. I refer the Deputy to the Freedom
of Information Act 1997 (Prescribed Bodies) (No.
2) Regulations 2001, SI 127 of 2001. In regard to
the Office of the Director of Corporate Enforcement,
ODCE, the Company Law Enforcement
Act 2001, which established the ODCE, provides
that FOI will apply to the office in respect of
records relating to its general administration. In
regard to the Health and Safety Authority, the
Safety, Health and Welfare at Work Act 2005
limits the applicability of FOI to records concerning
the authority’s enforcement functions.
Social Welfare Appeals.
777. Mr. Gregory asked the Minister for Social
and Family Affairs if the decision to refuse a diet
supplement to a person (details supplied) in
Dublin 1 will be reviewed. [1097/06]
Minister for Social and Family Affairs (Mr.
Brennan): People on social welfare or Health
Service Executive payments who have been prescribed
a special diet as a result of a medical condition,
and whose means are insufficient to meet
their needs, may qualify for a diet supplement
under the supplementary welfare allowance
scheme. This scheme and related supplements are
administered on my behalf by the community
welfare division of the Health Service Executive,
and neither I nor my Department has any function
in regard to individual claim decisions.
The amount of supplement payable depends on
which of two categories of diet, low-cost or highcost,
has been prescribed by the applicant’s medical
adviser, as well as the income of the individual
and his or her dependants. Diet supplement is not
payable in cases where the total cost of the diet
is less than or equal to one third of the person’s
income.
The Dublin-mid-Leinster area of the Health
Service Executive has advised that the person
concerned has been prescribed a low-cost diet,
and applied to the executive for a diet supplement
in October 2005. In accordance with the
regulations governing the scheme, the amount of
diet supplement payable in this case would be
\48.66, less one third of the applicant’s income.
On this basis, the person concerned did not qualify
as one third of his income exceeds the cost of
the diet. The executive has further advised that

555 Questions— 25 January 2006. Written Answers 556
[Mr. Brennan.]
he has been unsuccessful in appealing against this
decision to its area appeals officer.
Social Welfare Benefits.
778. Ms Burton asked the Minister for Social
and Family Affairs the regulations in regard to
the changes in maternity benefit announced in
budget 2006; his views on applying the new
arrangements from the date of the budget or from
1 January 2006; and if he will make a statement
on the matter. [1217/06]
779. Ms C. Murphy asked the Minister for
Social and Family Affairs his views on amending
the regulations set out by him in budget 2006 to
allow women who will commence their maternity
leave prior to 1 March 2006 and who will still be
on maternity leave as of 1 March 2006 to avail
of the extended paid and unpaid maternity leave
provisions; and if he will make a statement on the
matter. [2470/06]
780. Ms C. Murphy asked the Minister for
Social and Family Affairs the reason women who
commence their maternity leave prior to 1 March
2006 but who will still be on maternity leave subsequent
to 1 March 2006 cannot avail of the
extended maternity leave entitlements
announced in budget 2006; and if he will make a
statement on the matter. [2471/06]
785. Mr. Gogarty asked the Minister for Social
and Family Affairs the arrangements in place to
ensure persons taking maternity leave under the
new increase in reckonable weekly earnings as of
1 January 2006 will benefit from the amendments
to the Social Welfare Bill 2005 on the extension
of paid maternity leave by four weeks, which is
due to take effect in March 2006; if transitionary
arrangements have been put in place; and if he
will make a statement on the matter. [40285/05]
793. Ms Burton asked the Minister for Social
and Family Affairs the regulations in regard to
the changes in maternity benefit announced in
budget 2006; his views on applying the new
arrangements from the date of the budget or from
1 January 2006; the cost of providing the added
benefits from this earlier date; the number of persons
who would be affected by it; and if he will
make a statement on the matter. [1218/06]
Minister for Social and Family Affairs (Mr.
Brennan): I propose to take Questions Nos. 778,
779, 780, 785 and 793 together. My Department
pays maternity benefit to women who have
accumulated the required number of PRSI contributions
on their social insurance record and who
are on maternity leave from work. Entitlement to
maternity benefit for employees is contingent on
entitlement to maternity leave, legislation for
which is the responsibility of my colleague, the
Minister for Justice, Equality and Law Reform.
Budget 2006 brought forward a considerable
improvement in the rate of payment for women
in receipt of maternity benefit during 2006. With
effect from 2 January of this year, and in accordance
with commitments made by the Government
during the mid-term review of Sustaining
Progress, the rate at which the level of maternity
benefit is assessed as a proportion of reckonable
earnings is increased from 75% to 80%. This
measure will benefit most women in receipt of
maternity benefit from that date onwards. Only
those women who remain on the minimum payment
rate will not gain from this measure,
although they will still benefit from the \17
increase in the minimum rate.
The weekly rate of maternity benefit is calculated
by dividing the gross reckonable earnings in
the relevant income tax year by the number of
weeks worked in that year, subject to a maximum
of \332.00 per week. 80% of reckonable earnings
will be payable subject to a minimum payment
of \182.60 and a maximum rate of \265.60. The
minimum and maximum rate for 2005, based on
75% of reckonable earnings, stood at \165.60 and
\249.00, respectively. This year’s increase in the
percentage level of reckonable earnings is projected
to cost \8.2 million during 2006 and will
impact upon some 9,900 women.
Budget 2006 also provided for core maternity
leave — and, thus, maternity benefit payments —
to be extended from 18 to 22 weeks. These
additional four weeks of maternity leave will be
effective from 1 March 2006, for all paid and
unpaid leave commencing on or after that date.
A further four weeks of unpaid maternity leave
will also be available to all women who commence
their paid or unpaid leave on or after 1
March 2006. Employees are legally required to
give four weeks’ notice to the employer of the
intention to take up their leave entitlement.
Based on current averages of both the number
of recipients and the rate of payment, the
increase in the duration of maternity benefit will
assist some 10,800 women each week. Some \35
million has been allocated in budget 2006 for the
implementation of this measure. Of this, \27 million
will come from the social insurance fund,
reflecting the fact that women will be claiming
maternity benefit for longer periods, and the
remaining \8 million will be met from the
Exchequer to cover the expected payroll costs of
public servants who do not pay the full PRSI contribution
rate. The full-year cost of the 2006
extension will be \42.5 million, of which \32 million
will be drawn from the social insurance fund.
There will be a further four-week extension to
both paid and unpaid maternity leave in 2007,
bringing the total period of paid maternity leave
to 26 weeks and that of unpaid maternity leave
to 16 weeks. Taken together, the full-year cost of
the 2006 and 2007 extensions will be \85 million,

557 Questions— 25 January 2006. Written Answers 558
of which \64 million will come from the social
insurance fund. These extensions will be given
effect in two separate pieces of legislation — the
Social Welfare Reform and Pensions Act 2006
and by order of the Minister for Justice, Equality
and Law Reform under the relevant provisions of
existing maternity protection legislation, which is
expected to be in place in February.
The revised arrangements with regard to the
duration of maternity leave and benefit will take
effect from the earliest possible date, which is 1
March 2006, rather than 1 January. Those who
commence their paid leave on or after 1 March
2006 will be entitled to the additional four weeks
of paid leave. Furthermore, those who commence
their unpaid leave on or after 1 March 2006 will
be entitled to the additional four weeks of unpaid
leave, even if they were not entitled to the
extended paid leave period. Similar arrangements
are being put in place to provide for payment of
adoptive benefit for the increased duration of
statutory adoptive leave.
With any initiative of this nature, a specific
introduction date means it is inevitable that a
number of individuals will miss out on eligibility.
This commencement date is driven by the need
to make the necessary legislative and operational
adjustments and the legal requirement for
employers to receive the required statutory notification
of maternity leave from employees. It is
estimated that the cost of implementing the
increased duration of maternity leave and
consequent entitlement to maternity benefit from
1 January 2006 would have been in the region of
\6 million.
Pension Provisions.
781. Mr. Carey asked the Minister for Social
and Family Affairs if 1953 was chosen arbitrarily
by the then Minister in 1973 as a cut-off point for
the payment of old age pensions; and if he will
make a statement on the matter. [40192/05]
Minister for Social and Family Affairs (Mr.
Brennan): The old age, contributory, pension was
first introduced in 1961 and social insurance contributions
were increased at the time to reflect
the additional coverage being provided under the
social welfare system from then. The retirement
pension was introduced in 1970. In general, all
contributions paid or credited at the appropriate
rate on a person’s record are assessed when their
entitlement to a pension is being examined.
However, while pre-1953 insurance contributions
may be counted towards the basic number of paid
contributions required, they may not be used to
satisfy the average contributions test. Contributions
made prior to 1953 are not fully recognized
for pension purposes because such contributions
were not made under the unified system
of social insurance which became effective in
1953. The pre-1953 contributions are very different
in nature to those made under the unified
system and do not contain any provision for
pensions.
A special half-rate old age, contributory, pension
was introduced in 2000 to enable people with
pre-1953 insurance, who could not qualify for a
payment under normal qualifying conditions, to
receive a pension. People already qualifying for
pensions at less than half rate could also benefit
from the scheme. In order to be eligible for the
payment, a person requires 260 paid contributions
at the appropriate rate, which can comprise
a mixture of pre and post-1953 contributions.
Social Welfare Benefits.
782. Mr. Timmins asked the Minister for Social
and Family Affairs the position in regard to a person
who has decided to leave work to start up
their own business; and if he will make a statement
on the matter. [40225/05]
Minister for Social and Family Affairs (Mr.
Brennan): Unemployment benefit provides for
periods of involuntary unemployment and is not
payable in respect of any day during which a person
is engaged in insurable employment or selfemployment.
In certain circumstances, however,
a self-employed person may be entitled to claim
unemployment benefit for part of a week. For
example, if engaged under a contract for service,
that is, self-employed, for up to three days per
week, unemployment benefit may be payable for
the remainder of the week provided that all qualifying
conditions are satisfied.
A person may be disqualified from receiving
unemployment benefit for up to nine weeks from
the date of leaving employment if he or she has
left the employment voluntarily and without just
cause. To qualify for payment, a person must be
available for and genuinely seeking full-time
work in respect of each declared day of unemployment.
This means being prepared to accept
any offers of suitable full-time employment
immediately, having regard to the person’s skills,
qualifications, experience, and duration of unemployment.
As there is an onus on the individual to
show that this condition is satisfied on an ongoing
basis, he or she would not qualify for payment of
unemployment benefit while setting up a business
or engaging in self-employment.
Where a person is not eligible for unemployment
benefit, arrangements are in place where by
a self-employed person, whose overall income
falls below the rate of payment appropriate to his
or her family size, can qualify for an unemployment
assistance payment, which is means-tested.
In assessing means, account is taken of net
income that the person may reasonably expect to
receive in the following year, after all expenses
necessarily incurred are deducted.

559 Questions— 25 January 2006. Written Answers 560
School Meals Programme.
783. Mr. Quinn asked the Minister for Social
and Family Affairs if the proposals included in
the review of urban and district school meals
schemes, including the transition to the school
food programme, will be implemented; the timetable
for implementation; when the implementation
will commence; the cost of the implementation;
and if he will make a statement on the
matter. [40230/05]
Minister for Social and Family Affairs (Mr.
Brennan): The school meals programme operated
by my Department gives funding towards provision
of food services for disadvantaged school
children through two schemes. The first is the
long-standing statutory urban school meals
scheme, currently operated by 36 local authorities.
The Department jointly funds the food
costs with these local authorities, who also manage
and fund the administration of the scheme.
The second is the school meals local projects
scheme, through which funding is provided by my
Department to participating schools and voluntary
community groups in both urban and rural
areas for specific school meals projects. This
scheme also supports pre-schools that are community
based and which operate on a not-for-profit
basis.
Under its programme of expenditure reviews,
my Department completed a review of the school
meals scheme in 2003. The review group recommended
that a new scheme called the school food
programme, SFP, should be established, targeting
secondary schools with the highest concentrations
of pupils at risk of early school-leaving and their
feeder primary schools. Given the scale of this
initiative, the group recommended the new programme
should be phased in, in conjunction with
the school meals project, targeting the most
disadvantaged areas initially.
In order to advance recommendations made in
the review of the school meals scheme, my
Department assigned additional staff in the
Donegal area to pilot additional ways of encouraging
schools and groups to participate in the
scheme. This project has resulted in a total of 16
new schools becoming involved in the school
meals local project scheme in Donegal. These
schools, and schools already operating the programme,
are enthusiastic about its benefits.
Improved attendance, attention and behaviour
are reported. This project has been extended into
the Sligo and Leitrim areas in 2006. Options for
extending this project into other areas are being
examined.
There is ongoing liaison between my Department
and the Department of Education and
Science on school meals issues. In 2005, the
Department of Education and Science initiated a
new action plan — delivering equality of opportunity
in schools, DEIS, which incorporates many
of that Department’s existing schemes which target
educational disadvantage. an updated list of
schools identified for inclusion in its school support
programme will be available shortly. My
Department will use this list to ensure
disadvantaged schools are prioritised for
inclusion in the school meals programme.
While I am satisfied that the phased approach
recommended in the 2003 report is proving effective,
I have asked my Department to estimate as
a matter of urgency how implementation on a
wider basis can be accelerated. In 2004, expenditure
on the school meals programme was \4.65
million in total. In 2005, expenditure increased by
more than 50% to \8.24 million in total — \7.08
million for the school projects and \1.16 million
for the urban school meals scheme. A total of
\9.1 million has been allocated for the school
meals programme in 2006. I expect to see expenditure
on school meals increase over future years
as the school meals programme is greatly
extended.
Social Welfare Benefits.
784. Ms Shortall asked the Minister for Social
and Family Affairs if legislation will be amended
to allow entitlement to the household benefits
package in the case of a person (details supplied)
in Dublin 11; if he will review this provision and
amend same to reflect the not untypical participation
of dependent children in full-time education
beyond their 22nd birthday due to either
the length of the course or the fact they take a
year out of the course; and if he will make a statement
on the matter. [40263/05]
Minister for Social and Family Affairs (Mr.
Brennan): The household benefits package,
which comprises the electricity or gas allowance,
telephone allowance and television licence
schemes, is generally available to people living
permanently in the State, aged 66 years or over,
who are in receipt of a social welfare type payment
or who satisfy a means test. The package
is also available to carers in receipt of a carer’s
allowance and to people with disabilities under
the age of 66 who are in receipt of certain welfare
type payments. People aged over 70 years can
qualify regardless of their income or household
composition. Widows and widowers aged from 60
to 65 whose late spouses had been in receipt of
the household benefits package retain that
entitlement to ensure households do not suffer a
loss of entitlements following the death of a
spouse.
In order to qualify for the household benefits
package, the applicant must live alone or only
with certain excepted people. A dependent child
aged under 18, or under age 22 and in full-time
education, is considered an excepted person. The
person concerned applied for the household
benefits package on 28 November 2005. The
application was refused because his son, aged
over 22, in full-time education, resides with the

561 Questions— 25 January 2006. Written Answers 562
applicant. The person concerned was in receipt of
an increase in respect of a child dependant on his
invalidity pension up to June 2003. This increase
was stopped when his son ceased full-time education.
If he returned to full-time education
before his 22nd birthday, the person concerned
may have an entitlement to an increase in respect
of a child dependant until his son’s 22nd birthday.
My officials will be in touch with the person concerned
shortly to establish his entitlement in this
regard.
Further extensions to the household benefits
package could only be considered in a budgetary
context and taking account of the financial and
other needs of those not covered by the existing
arrangements.
Question No. 785 answered with Question
No. 778.
786. Mr. G. Mitchell asked the Minister for
Social and Family Affairs if the living alone
allowance has not been increased for nine years;
and if he will make a statement on the matter.
[40314/05]
Minister for Social and Family Affairs (Mr.
Brennan): The living alone allowance is an
additional payment of \7.70 per week made to
people aged 66 years or over who are in receipt
of certain social welfare payments and who are
living alone. It is also available to people under 66
years of age who are living alone and who receive
payments under one of a number of invalidity
type schemes. It was last increased in 1996.
The policy in relation to support for pensioners
has been, for many years, to live priority to
increasing the personal rates of pension rather
than focusing on payments such as the living
alone allowance. This approach ensures that the
position of all pensioners is improved.
The Government is committed to increasing
the level of the basic State pension to \200 per
week by 2007. Further significant progress
towards achieving this target was made in budget
2006, which provided for increases in pensions of
between \14 and \16 per week. The maximum
rate of the old age contributory pension is now
\193.30 per week with the non-contributory pension
paid at \182 per week.
787. Mr. Bruton asked the Minister for Social
and Family Affairs if his attention has been
drawn to the fact that bereavement grant is payable
on the death of a child under 18, but over
18, it will not be paid unless the person has 156
paid stamps; his views on extending same to cover
a child of an insured person who lives with
them. [40367/05]
Minister for Social and Family Affairs (Mr.
Brennan): The bereavement grant, which is a
payment based on PRSI contributions, is
designed to assist families in dealing with death
and funeral expenses. The grant is payable on the
death of an insured person or a family member,
including a child under age 18, or under age 22 if
in full-time education. In the case of persons over
these ages, the grant is paid on the basis of their
own PRSI contributions. Where there are insufficient
PRSI contributions a person may receive
assistance under the supplementary welfare
allowance scheme. Under this arrangement, the
HSE may make a single payment to help meet
exceptional expenditure, for example, for funeral
expenses, which a family could not reasonably be
expected to meet out of their income.
I appreciate that this is an issue that must be
dealt with sensitively and I will keep the possible
need to extend the grant under review.
788. Mr. O’Shea asked the Minister for Social
and Family Affairs his proposals to extend the
period whereby persons in receipt of the disability
benefit can engage in work of a rehabilitative
nature; and if he will make a statement on the
matter. [40410/05]
Minister for Social and Family Affairs (Mr.
Brennan): My Department operates a number of
schemes which provide income support to those
persons who are unfit to work due to illness or
disability. These payments include disability
benefit which is a social insurance based scheme.
Facilitating return to work or participation in
the active labour force is one of the main objectives
of the social welfare system. There are a
number of specific employment and training
incentives available within the system to encourage
and facilitate people with illness or disability
to take up available work or training options.
These include exemptions from the general “no
work” conditions of the disability benefit and
invalidity pension schemes to facilitate a person
to undertake employment of a rehabilitative nature.
These exemptions are granted, on the advice
of the Department’s medical assessors, usually for
a period of twelve months, but may be renewed
for a further period, subject to review, if a person
seeks an extension. There are no immediate plans
to extend the period of exemption but my
Department is considering issues in relation to
the type of employment allowed and also in
relation to the income support arrangements for
persons in these circumstances in light of a review
of the illness and disability schemes which was
under the expenditure review programme.
Family Support Services.
789. Mr. Bruton asked the Minister for Social
and Family Affairs the options under consideration
for a more family friendly child payment
which would overcome the low take-up of family
income supplement and the very rigid withdrawal
of one parent family allowance once a person is
earning an income of over the minimum wage;
and his views on integrating a family friendly

563 Questions— 25 January 2006. Written Answers 564
[Mr. Bruton.]
child payment into the tax code which would
ensure a higher take-up. [1007/06]
Minister for Social and Family Affairs (Mr.
Brennan): My Department provides cash support
by way of weekly payments to families at work on
low pay, through the family income supplement
scheme. A number of improvements have been
made to the scheme over the years, including
assessment of entitlement on the basis of net
rather than gross income and progressive
increases in the income thresholds, making it easier
for lower income households to qualify for
payment. As a result, there are currently over
17,488 families receiving a weekly FIS payment,
reaching nearly 33,956 children. This is the highest
number of FIS recipients in the history of
the scheme.
A lone parent can earn up to \146.50 per week
without affecting the lone parent’s payment.
Earnings above this limit are assessed at 50% up
to \293 per week. When the lone parents earnings
go above this limit, transitional arrangements
allow for the payment of lone parent’s allowance
for a further six months. Budget 2006 provided
for the upper earnings limit to be increased from
\293 per week to \375 per week, effective from
July 2006. This will cost \5 million in 2006 and
\10 million in a full year. It should be noted that
recipients of lone parent’s allowance may still
receive FIS while they are receiving their lone
parent’s allowance and that if their lone parent’s
allowance is reduced they may qualify for a
higher rate of FIS.
The National Economic and Social Council was
asked to examine the feasibility of merging of
family income supplement and child dependant
allowance into a second tier child income support.
Such a payment would be aimed specifically at
targeting child poverty by channelling resources
to low income families without creating significant
disincentives to employment. The NESC is
currently considering its draft report which, when
finalised, will be of significant assistance in
informing the future direction of child income
support policy.
Payment of FIS through the tax system has
been considered by a working group, including
the social partners, the remit of which was to
examine the role which refundable tax credits
could play in the tax and welfare system. While
the report of the group has not been finalised, it
is expected that it will recommend that FIS continue
to be paid by my Department, with a modified
system of delivery and sustained efforts to
improve take up.
In a determined effort to increase awareness of
the FIS support and to improve take-up levels,
my Department is currently preparing an awareness
campaign that will be launched in the near
future and which will include media and promotion
initiative at national and regional level.
Social Welfare Benefits.
790. Mr. Rabbitte asked the Minister for Social
and Family Affairs if his attention has been
drawn to the problems that can arise where persons
with an intellectual disability inherit money
when same is assessed by his Department as
means, thereby eliminating or significantly reducing
the entitlement to a social welfare payment;
if he will review this practice, particularly in the
case where a person’s disability is such that it
effectively prevents access to or use of the money;
and if he will make a statement on the matter.
[1037/06]
Minister for Social and Family Affairs (Mr.
Brennan): Social protection of the population in
general is provided through a combination of
insurance-based payments and assistance payments
targeted at need. The purpose of the
means test is to ensure that, for those who do not
have social insurance cover or who have insufficient
PRSI contributions to qualify for benefit,
resources are targeted most effectively. The
weekly rate of means-tested social welfare payments
must, under legislation, be reduced by the
amount of any weekly means assessed. The main
items counted as means include cash income
which the claimant or his-her spouse or partner
may have, the value of savings, investments,
shares, land etc., or any property other than the
claimant’s home. Capital owned by a recipient of
a social assistance payment is assessed in the normal
way, with a disregard of the first \20,000 of
the amount held.
In the case of inheritance, some persons making
a will give consideration to the creation of a
discretionary trust for people with a disability and
this has somewhat different implications for the
assessment of means. A discretionary trust may
be created by deed during a parent’s, or other
relative’s, lifetime when perhaps a lump sum or
windfall is to be invested or it can be established
in a will along with the naming of trustees. Funds
within a discretionary trust are administered at
the discretion of the trustees and whether they
are assessable as means will depend on how they
are administered.
Where a discretionary trust fund is set up for a
recipient of social welfare means-tested payment,
a life interest in such a fund would mean that any
cash income that she or he may reasonably be
expected to receive from it during a particular
year is assessable as means. Accordingly, periodic
payments received from the fund are regarded as
cash income and assessed as means. However,
funds used to purchase items of capital expenditure
or services on behalf of the beneficiary do
not constitute means, for example, money spent
on renovating the house in which the claimant
resides, the purchase of a car or holiday or
assistive technology. Similarly, occasional sums
withdrawn or received by the claimant for particular
purposes are not normally regarded as cash

565 Questions— 25 January 2006. Written Answers 566
income for means purposes. Transfers of capital
to the beneficiary are assessable as capital.
Unspent balances held by the claimant, for
example, in the claimant’s own bank account, are
assessable under the rules governing capital. On
secondary benefits, the free travel pass and any
other extra benefit entitlements will remain with
the person as long as they are in receipt of the
relevant social welfare payment, whether at full
or reduced rate.
If the Deputy wishes to obtain further information
on a particular case or situation, my
Department will be happy to provide a response.
Ministerial Appointments.
791. Mr. Boyle asked the Minister for Social
and Family Affairs the number of public appointments
made by his Department 1997. [1156/06]
792. Mr. Boyle asked the Minister for Social
and Family Affairs the number of public appointments
currently vacant and yet to be made by his
Department. [1157/06]
Minister for Social and Family Affairs (Mr.
Brennan): I propose to take Questions Nos. 791
and 792 together.
The five statutory agencies operating under the
aegis of my Department are the Pensions Board,
the Combat Poverty Agency, Comhairle, previously
the National Social Services Board,
NSSB, the Social Welfare Tribunal and the
Family Support Agency. The number of appointments
made to these boards since 1 January 1997
are as follows:
Agency
No. of Appointments
Pensions Board 40
Combat Poverty 45
Comhairle, established June 2000 50
NSSB 23
Social Welfare Tribunal 17
Family Support Agency 20
There are currently no vacancies on the Pensions
Board or on the boards of the Social Welfare Tribunal
or the Family Support Agency. At present,
there is one vacancy on the board of the Combat
Poverty Agency, CPA, which will be filled by a
CPA staff representative. There are five vacancies
on the board of Comhairle. However, the
Comhairle (Amendment) Bill 2004 proposes to
reduce the membership of the board from 20 to
15.
Question No. 793 answered with Question
No. 778.
Social Welfare Benefits.
794. Mr. McGuinness asked the Minister for
Social and Family Affairs if rent allowance will be
granted to a person (details supplied) in County
Kilkenny. [1314/06]
Minister for Social and Family Affairs (Mr.
Brennan): The supplementary welfare allowance
scheme, which includes rent supplement, is
administered on my behalf by the community
welfare division of the Health Service Executive.
Neither I nor my Department has any function in
regard to decisions on individual claims.
The southern area of the Health Service
Executive has advised that the person concerned
has been in receipt of a rent supplement since
January 2004 at a rate appropriate to her location
and financial circumstances.
795. Mr. McGuinness asked the Minister for
Social and Family Affairs if the rent allowance
will be approved in the case of a person (details
supplied) in County Kilkenny; and if approval
will be back dated to the date of their original
application. [1321/06]
Minister for Social and Family Affairs (Mr.
Brennan): The supplementary welfare allowance
scheme, which includes rent supplement, is
administered on my behalf by the community
welfare division of the Health Service Executive.
Neither I nor my Department has any function in
relation to decisions on individual claims.
The southern area of the Executive has advised
that it has rejected a claim for rent supplement
from the person concerned and this decision has
been appealed to the executive’s designated
appeals officer. The person concerned will be
notified of the outcome of the appeals officer’s
decision in due course.
Family Support Services.
796. Mr. F. McGrath asked the Minister for
Social and Family Affairs his views on increasing
the threshold for family income supplement by an
extra \35 a week in order to assist low paid
workers; and if he will make a statement on the
matter. [1386/06]
Minister for Social and Family Affairs (Mr.
Brennan): Family Income Supplement, FIS, is
designed to provide cash support for employees
on low earnings with families. This preserves the
incentive to remain in employment in circumstances
where the employee might only be marginally
better off than if he or she were unemployed
and claiming other social welfare
payments. FIS is paid on a weekly basis over a
period of 52 weeks, taking into account a family’s
net earnings and the number of children under
aged 18 or aged between 18 and 22 years and in
full time education.
In Budget 2006, FIS income thresholds were
increased by a range of earnings limits, from \19
per week for a one child family to \282 per week
for an eight child family. This represents a net

567 Questions— 25 January 2006. Written Answers 568
[Mr. Brennan.]
increase of between \11.40 per week for a one
child family to \169.20 per week for an eight child
family, effective from January 2006. A table
showing the increases in FIS thresholds from 2005
to 2006 is provided.
Since 2002, FIS thresholds for a one child
family have increased by \103 or 28.5%, while
thresholds for an eight child family have
increased by \366 or 67.9%, providing significant
increases to all families while concentrating
additional resources on larger families and ensuring
that households in poverty are targeted. The
estimated cost of the improvement in FIS thresholds
is \25 million in a full year. The number
of families receiving FIS payments at the end of
December 2005 was 17,488 in respect of 33,956
children, the highest in the history of the scheme.
This represents an increase of approximately
45% in the past three years.
In a sustained effort to further increase takeup
of FIS, my Department is currently preparing
an awareness campaign that will include media
and promotion initiatives at national and
regional level.
Table: FIS thresholds 2005 and 2006, and increase in family
payment
Number of 2005 2006 Increase in
Children Threshold Threshold Family
Payment
\ \ \
1 446 465 11.40
2 472 510 22.80
3 497 565 40.80
4 522 630 64.80
5 554 705 90.60
6 580 775 117.00
7 601 845 146.40
8 623 905 169.20
Social Welfare Benefits.
797. Mr. Bruton asked the Minister for Social
and Family Affairs if consideration was given in
the preparation of budget 2006 to the extension
of half rate carer’s allowance to persons who are
undertaking full time caring responsibilities but
who are in receipt of a social welfare pension; if
estimated costings for the proposal were
developed by his Department; and the priority
which will be given by his officials to the desirability
of such a change. [1459/06]
Minister for Social and Family Affairs (Mr.
Brennan): The carer’s allowance is a social assistance
payment which provides income support to
people who are providing certain elderly or incapacitated
persons with full-time care and attention
and whose incomes fall below a certain limit.
The primary objective of the social welfare
system is to provide income support and, as a
general rule, only one weekly social welfare payment
is payable to an individual. This ensures
that resources are not used to make two income
support payments to any one person. Persons
qualifying for two social welfare payments always
receive the higher payment to which they are
entitled.
From June 2005, the annual respite care grant
was extended to all carers who are providing fulltime
care to a person who needs such care regardless
of their income. Those persons in receipt of
other social welfare payments, excluding unemployment
assistance and benefit, are entitled to
this payment subject to meeting the full time care
condition. This arrangement was introduced to
acknowledge the needs of carers especially in
regard to respite. In the recent budget, provision
was made to increase the amount of the respite
care grant from \1,000 to \1,200 from June 2006.
According to census 2002, there are more than
48,000 people providing personal care for over
four hours per day. More than 25,800 of these are
in receipt of either carer’s allowance or carer’s
benefit. It is likely that a proportion of the
balance is in receipt of a different social welfare
payment, for example an old age pension. It is
not possible to estimate the number of people
who are in this situation and it is therefore not
possible to estimate the cost of the Deputy’s
proposal.
In addition to the increase in the level of the
respite care grant, I also announced a significant
increase in the rate of carer’s allowance. From
the beginning of this month, the rate of carer’s
allowance increased to \200 per week for carers
age 66 years and over. This rate of payment may
be higher in many instances than the rate of old
age pension or widow or widower’s pension payable
to a person. Such a person who is providing
full time care and attention to a person who
requires such care may be entitled to receive this
higher rate of carer’s allowance.
I would strongly urge a person in this position
to make inquiries with my Department. I am
always prepared to consider changes to existing
arrangements where these are for the benefit of
recipients and financially sustainable within the
resources available to me. Those recommendations
involving additional expenditure can
only be considered in a budgetary context.
798. Mr. McGuinness asked the Minister for
Social and Family Affairs if an exceptional needs
payment will be made to a person (details
supplied) in County Carlow for home heating
oil. [1503/06]
Minister for Social and Family Affairs (Mr.
Brennan): The supplementary welfare allowance
scheme, which is administered on my behalf by
the community welfare division of the Health
Service Executive, provides for exceptional needs
payments to assist with essential, once-off expenditure
which a person could not reasonably be
expected to meet out of his or her household

569 Questions— 25 January 2006. Written Answers 570
income or other resources. Neither I nor my
Department has any function in relation to
decisions on individual claims.
The southern area of the executive has advised
that it has refused a claim from the person concerned
for an exceptional needs payment in
respect of home heating oil costs on the grounds
that the circumstances in this case did not warrant
payment.
799. Mr. Durkan asked the Minister for Social
and Family Affairs the reason rent allowance has
not been approved in the case of a person (details
supplied) in County Kildare; and if he will make
a statement on the matter. [1504/06]
Minister for Social and Family Affairs (Mr.
Brennan): The supplementary welfare allowance
scheme, which includes rent supplement, is
administered on my behalf by the community
welfare division of the Health Service Executive.
Neither I nor my Department has any function in
regard to decisions on individual claims.
The Dublin-mid-Leinster area of the executive
has advised that the only application for rent supplement
it received from the person in question
was in February 2005. This application was
refused by the executive, as she was deemed not
to have a housing need. The executive has further
advised that if the circumstances of the person
concerned have changed then she should make a
fresh application for rent supplement.
800. Mr. Naughten asked the Minister for
Social and Family Affairs when he intends to
make regulations under section 7 of the Social
Welfare and Pension Act 2005; if he intends to
make regulations covering section 196A (1)(e) of
section 7 of the Act; and if he will make a statement
on the matter. [1506/06]
Minister for Social and Family Affairs (Mr.
Brennan): Up to 2005, the respite care grant was
payable to persons who were in receipt of either
the carer’s allowance or carer’s benefit payments
on the date that the grant was payable, the first
Thursday of June. Section 7 of the Social Welfare
and Pensions Act 2005 amended the scheme, by
increasing the amount of the grant to \1,000 and
by extending entitlement to the grant, subject to
certain employment-related conditions, to all persons
providing full-time care and attention to a
person requiring such care. Section 7 also conferred
powers to make regulations detailing
requirements for entitlement to the grant.
The relevant regulations, the Social Welfare
(Consolidated Payments Provisions)
(Amendment) (No. 3) (Respite Care Grant)
Regulations 2005, SI 231 of 2005, were promulgated
on 29 April 2006, and they provide for such
matters as the date on which the grant is payable;
the period for which the carer must provide fulltime
care and attention to the care recipient; certain
circumstances in which a carer is to be
regarded as continuing to provide the full-time
care and attention; the conditions to be satisfied
by a carer who is not residing with the care recipient,
as provided for in section 196A(1)(e) as
quoted by the Deputy; the conditions under
which a person may engage in employment or
self-employment but continue to be regarded as
providing full-time care and attention; certain
requirements as to the medical certification of the
care recipient; and the time limit for application.
Further improvements to the respite care grant
scheme were announced in Budget 2006. These
include a further increase of \200, bringing the
amount of the grant to \1,200, in addition to provision
to increase, from ten to 15, the number of
hours which a carer may engage in employment
or self-employment and still be considered to be
providing full-time care and attention to the person
requiring care. The necessary primary legislation
will be brought forward during the current
parliamentary session.
Departmental Expenditure.
801. Mr. Naughten asked the Minister for
Social and Family Affairs the funds spent by his
Department since June 1997 on consultants, legal
experts and external advice; the number of
reports produced under such contracts and the
number implemented to date by his Department;
the cost of such advice in 2005 and the planned
expenditure for 2006; and if he will make a statement
on the matter. [1535/06]
Minister for Social and Family Affairs (Mr.
Brennan): My Department’s activities require the
engagement of a range of consultancy expertise.
Broadly, expertise is sought under three main
headings as follows:
Support with a number of strategic multiannual
programmes aimed at enhancing the
delivery of the Department’s services e.g. the
Service Delivery Modernisation Programme,
SDM; Technical consultancies relating to the
ongoing development of information technology
systems; Consultancy assistance in other
areas, including policy development.
The amounts paid by my Department on the
engagement of consultants in each year since
1997 is as follows:
Year
Total Paid
1997 IEP 608,590
1998 IEP 577,000
1999 IEP 1,251,000
2000 IEP 1,876,000
2001 IEP 3,605,000
2002 \4,704,000
2003 \1,975,000
2004 \2,822,000
2005 Provisional Outturn \3,893,426

571 Questions— 25 January 2006. Written Answers 572
[Mr. Brennan.]
These amounts exclude Reach, the Civil Registration
Modernisation Programme and the Secure
Authentication Framework Environment project,
SAFE, which have been financed as cross-departmental
projects as part of the Government’s e-
Government initiative.
It is estimated that an amount of \9,242,000
will be spent by my Department in 2006 in meeting
the cost of ongoing projects, principally in
connection with the SDM programme, including
a document and records information management
project and the development of the Department’s
overpayments and debt management
system. This expenditure excludes consultancy on
REACH and other inter-departmental e-Government
projects.
The detailed information sought by the Deputy
regarding reports produced under consultancy
contracts is being compiled. A letter will issue to
the Deputy in the near future.
Social Welfare Benefits.
802. Mr. Ring asked the Minister for Social and
Family Affairs the reason a person (details
supplied) in County Mayo was refused the carer’s
allowance. [1543/06]
Minister for Social and Family Affairs (Mr.
Brennan): Under social welfare legislation,
decisions in relation to claims must be made by
deciding officers and appeals officers. These
officers are statutorily appointed and I have no
role in regard to making such decisions.
The person concerned was refused carer’s
allowance on the grounds that full-time care and
attention as prescribed in regulations was not
required. She was notified of this decision and of
her right to appeal to the Social Welfare
Appeals Office.
Arising from representations from the Deputy,
the case was referred for further review.
However, despite further requests to the person
concerned to submit additional medical evidence
in support of her application, this has not as yet
been provided to my Department.
803. Mr. Ring asked the Minister for Social and
Family Affairs if unemployment benefit will be
awarded to a person (details supplied) in County
Mayo. [1546/06]
Minister for Social and Family Affairs (Mr.
Brennan): A claim for unemployment benefit by
the person concerned was disallowed by the
deciding officer on the grounds that she has not
sustained a substantial loss of employment from
that which is deemed to have been her normal
level of employment.
The person appealed against this decision to
the Social Welfare Appeals Office and in accordance
with the statutory requirements the relevant
departmental papers and comments of my
Department were sought. These are now to hand
and the case has been referred to an appeals
officer who proposes to hold an oral hearing. The
person will be informed as soon as the arrangements
for the hearing are in place.
Under social welfare legislation, decisions in
relation to claims must be made by deciding
officers and appeals officers. These officers are
statutorily appointed and I have no role in regard
to making such decisions.
804. Mr. Ring asked the Minister for Social and
Family Affairs when the invalidity pension appeal
will be finalised for a person (details supplied) in
County Mayo. [1551/06]
Minister for Social and Family Affairs (Mr.
Brennan): A claim for invalidity pension by the
person concerned was disallowed by the deciding
officer on the grounds that he was not considered
to be permanently incapable of work.
The person appealed against this decision to
the Social Welfare Appeals Office and in accordance
with the statutory requirements the relevant
departmental papers and comments of my
Department were sought. These are now to hand
and the case has been referred to an appeals
officer who proposes to hold an oral hearing. The
person will be informed as soon as the arrangements
for the hearing are in place.
Under social welfare legislation, decisions in
relation to claims must be made by deciding
officers and appeals officers. These officers are
statutorily appointed and I have no role in regard
to making such decisions.
805. Mr. Howlin asked the Minister for Social
and Family Affairs if his attention has been
drawn to the application by a person (details
supplied) in County Wexford for the carer’s
allowance in which the weekly means figure has
been incorrectly assessed; if his attention has
further been drawn to the extenuating circumstances
of the applicant; the reason the disregard
of your own home principle cannot be applied in
this case; the steps he intends to take to ensure
that the net weekly income of the applicant is
examined for the purposes of means testing; and
if he will make a statement on the matter.
[1604/06]
Minister for Social and Family Affairs (Mr.
Brennan): The person concerned applied for
carer’s allowance on 8 July 2005. Following the
necessary investigations her application was
refused on 12 September 2005 on the grounds
that her means exceed the statutory limit for
receipt of this allowance.
Under social welfare legislation, the capital
value of property owned but not personally used
or enjoyed, where it is rented to a third party, is
assessed as means in accordance with a formula
set out in legislation. The fact that the property
let in this case was previously the home of the
person concerned is not relevant in the means

573 Questions— 25 January 2006. Written Answers 574
test. Such a property cannot be disregarded as
your own home in cases where that property is
let. Property must be capable of being sold, let or
put to profitable use before a capital value assessment
is applied. In the case of property that is
let, the amount assessed as means is the notional
assessment provided for in legislation, not the
rental income. The income assessed as means in
this case consists of \1,090 per week derived from
capital held and the capital value of property not
personally used and enjoyed. Following the application
of the \270 income disregard, that applies,
her weekly means equate to a net \820. She was
notified of this decision, the reasons for it and of
her right to appeal to the Social Welfare Appeals
Office. She appealed this decision on 19
September 2005. Her file has been submitted to
the social welfare appeals officer for determination.
Under social welfare legislation, decisions in
relation to claims must be made by deciding
officers and appeals officers. These officers are
statutorily appointed and I have no role in regard
to making such decisions. Any revision to the
existing means test that applies would have to be
considered in a budgetary context.
806. Mr. Ring asked the Minister for Social and
Family Affairs when an oral hearing will be
scheduled for a person (details supplied) in
County Mayo in order that their carer’s allowance
can be finalised. [1608/06]
Minister for Social and Family Affairs (Mr.
Brennan): The person’s application for carer’s
allowance was disallowed by a deciding officer on
the basis that he is working, on his holding, for
more than ten hours per week. The person
appealed this decision to the Social Welfare
Appeals Office. In accordance with the statutory
requirements, a submission from the deciding
officer was sought. The papers have been referred
to the appeals officer who proposes to hold an
oral hearing. The person will be informed as soon
as the arrangements for the hearing are in place.
At present the person concerned is in receipt
of unemployment assistance. Under social welfare
legislation, decisions in relation to claims
must be made by deciding officers and appeals
officers. These officers are statutorily appointed
and I have no role in regard to making such
decisions.
Pension Provisions.
807. Ms Burton asked the Minister for Social
and Family Affairs if he has received the national
pensions review report from the Pensions Board;
when the details will be published; and if he will
make a statement on the matter. [1652/06]
Minister for Social and Family Affairs (Mr.
Brennan): I received the report of the Pensions
Board on the national pensions review in
November 2005 and the report was published on
17 January. The report is a comprehensive assessment
of the progress we have made in regard to
our overall pensions strategy, the appropriateness
of the coverage and other targets which were suggested
in the national pensions policy initiative
and which have underpinned pensions policy for
the last seven years, and the future changes in
the structure of our population together with the
additional pension costs which will arise as a
result of these changes. The report also draws on
experience in other countries and assesses a
number of alternative models which could be
adopted in pursuit of our overall pension goals.
The key messages emerging from the report
are that, in the future, pensions costs which will
be much higher than previously thought, will be
costly for all concerned including Government,
employers and employees no matter how
financed; supplementary pension provision
remains inadequate and is unlikely to improve
without changes to the present system; and there
are also concerns in regard to the adequacy of
pension provision.
The Pensions Board has put forward suggestions
for improvements in regard to the existing
voluntary pension system. In particular, they have
suggested a restructuring of the system of tax
relief for personal retirement savings accounts to
capture the elements of the SSIA system which
made that so attractive to the public. I am discussing
the costs and practicalities of implementing
these suggestions with my colleague, the
Minister for Finance.
There is no doubt that the measures suggested
by the Pensions Board may well result in
improvements in the current situation. However,
we must be prepared to consider more radical solutions
and, in this regard, I will be asking the Pensions
Board to carry out further work in some
areas. In particular, I will be asking the board to
build on the excellent work it has done in the
context of the report in the area of mandatory
pensions with a view to designing and costing a
suitable model for Irish circumstances.
The contents of this report pose many questions
for Irish society, including the manner and
the extent to which we are prepared to make provision
for retirement. I hope that the publication
of the report will engender a national debate on
these issues that will assist in arriving at a solution
which will be effective in securing the future of
people in retirement and which will command
wide acceptance. In this regard I intend, in the
near future, to convene a national conference to
consider the report and to debate the issues which
have been highlighted.
Social Welfare Benefits.
808. Mr. Lowry asked the Minister for Social
and Family Affairs the average length of time
involved in processing an application for the
carer’s allowance (details supplied); if additional

575 Questions— 25 January 2006. Written Answers 576
[Mr. Lowry.]
staff will be appointed; and if he will make a
statement on the matter. [1681/06]
Minister for Social and Family Affairs (Mr.
Brennan): My Department is committed to providing
a quality customer service to all its
customers. This includes ensuring that applications
are processed and that decisions on
entitlement are issued as expeditiously as possible
having regard to the relevant eligibility
conditions.
Entitlement to carer’s allowance is based on an
applicant satisfying medical, means and residency
conditions. In cases of extreme or terminal illness
my Department has specific arrangements in
place to ensure that such applications are processed
as quickly and sensitively as possible so
that payment can be put into place at the earliest
possible juncture.
In determining entitlement to the allowance
there are, in certain cases unavoidable time lags
involved in making the necessary investigations
and enquiries to enable accurate decisions to be
made. In addition to the work my Department
has to carry out, there is an onus also on applicants
to furnish all necessary documentation.
Time can elapse through delays by persons applying
for the allowance in supplying all the necessary
information in support of their claim. The
average time for deciding an application for
receipt of carer’s allowance is currently 7.5 weeks,
although in many cases they are processed within
a far shorter timeframe. Many applicants for
carer’s allowance are already in receipt of
another social welfare payment while their claim
is being processed. Such payments normally continue
until entitlement to their carer’s allowance
is determined.
In the case of carer’s allowance, the Department’s
performance target is to award 70% of
claims within nine weeks. This target has been
met in two of the last three months, the exception
being December when 65% of claims were
decided within nine weeks.
The staff and other resources available to my
Department are deployed to ensure good customer
service, to prevent fraud and abuse of the
schemes and to achieve value for money. The
situation is reviewed on a regular basis. I am satisfied
that the resources assigned to the carer’s
allowance scheme are adequate to meet the
demands of the service.
809. Mr. Ring asked the Minister for Social and
Family Affairs the number of people who applied
for the carer’s allowance in 2005; the number of
claimants who were successful and the number
who were refused; the numbers refused in each
category of refusal such as means, caring being
provided and so on; and if he will make a statement
on the matter. [1709/06]
Minister for Social and Family Affairs (Mr.
Brennan): There are currently 25,077 persons
receiving carer’s allowance. This is the highest
total since the scheme was introduced. My
Department received 8,846 applications for
carer’s allowance in 2005. A total of 8,793 were
decided, of which 5,066 applications were
awarded and another 960 were withdrawn. The
number of persons who had their initial application
for the allowance refused was 2,767.
Following the submission of additional medical
information or other relevant information to my
Department, a number of these applications were
subsequently reviewed. Some 792 refusals were
either revised in favour of the applicant or
awarded on appeal. As a result, the number of
persons who were refused the allowance was
1,975. Accordingly, the rate of refusal for the
allowance is 22% of all applications that were
received in 2005.
The reasons these 1,975 did not qualify for the
allowance are as follows. Some 966 applications
were refused as the care was deemed to be not in
need of full-time care and attention; 199 applications
were refused as means were in excess of
the weekly limit; 106 applications were refused as
the carer was employed in excess of ten hours per
week; 193 applications were refused as full-time
care and attention was not being provided; and
58 applications were refused as the habitual residence
condition was not satisfied. The remaining
453 claims were refused for other reasons. All
persons who apply for carers allowance are
informed regarding any decision on their entitlement
and the reasons for it. In addition, where a
person is refused the allowance he or she is
advised of a right of appeal to the Social Welfare
Appeals Office.
Support for and recognition of carers is a continuing
priority for Government. Payments to
carers have been improved and qualifying conditions
for carers allowance have been significantly
eased. Coverage of the scheme has been
extended and new schemes such as the respite
care grant have been introduced and enhanced.
The further development of support for carers
continues to be a priority for me and for Government
as reflected in the various budget enhancements
I am providing for in 2006.
810. Mr. Ring asked the Minister for Social and
Family Affairs the reason a person (details
supplied) in County Mayo was not entitled to the
unemployment benefit on ceasing employment;
the further reason this has been determined as an
overpayment; and if he will make a statement on
the matter. [1743/06]
Minister for Social and Family Affairs (Mr.
Brennan): The person concerned received unemployment
benefit for the period 9 September 2003
to 18 February 2004. When he made his application
he stated that his employment had termin-

577 Questions— 25 January 2006. Written Answers 578
ated due to lack of work. On 9 September 2003,
the employer was requested to confirm this. On
20 February 2004, the employer replied to the
query stating that the person concerned was on a
career break. A deciding officer, therefore, disallowed
the unemployment benefit claim of the
person concerned for the period 9 September
2003 to 18 February 2004 as he was not available
for work. The person concerned did not appeal
this decision. As result of the decision the person
concerned received unemployment benefit
amounting to \3,888.60, to which he is not
entitled and which is recoverable.
The person concerned is in receipt of disability
benefit at the weekly rate of \165.80 since 26
September 2005.
Tax and Social Welfare Codes.
811. Mr. Boyle asked the Minister for Social
and Family Affairs the way in which his Department
determines the irregular income of artists
and musicians in assessing entitlement to social
welfare payments. [1768/06]
Minister for Social and Family Affairs (Mr.
Brennan): I understand that the Deputy is referring
to the assessment of means of a person who
has an irregular income for the purposes of claiming
unemployment assistance. In applying the
legislation, deciding officers do not treat artists or
musicians any differently to any other unemployment
benefit or assistance claimant.
Unemployment assistance is a means tested
payment. Assessment of means includes any cash
income, the value of any saving or investments,
property other than the person’s home and any
other maintenance received by the claimant. The
income of a claimant with no dependants and
who is casually employed is assessed as follows.
A disregard of \12.70 is deducted for each day
worked and 60% of the balance is assessed as
means. If the claimant has a spouse-partner who
works up to three days each week a disregard of
\38.09 applies when assessing the claimant’s
means. If the spouse-partner works four days or
more per week, a disregard of \88.88 applies. A
full qualified adult allowance is payable where
the spouse-partner earns up to \88.88 per week
and a reduced qualified adult allowance is payable
where the spouse earns between \88.89 and
\239.99 per week. No qualified adult allowance is
payable where the weekly earnings of the spousepartner
are in excess of \240.
Where a person claims unemployment assistance
and continues to be engaged in self-employment,
the deciding officer, in the absence of any
other means of ascertaining it, will assess the net
income received in the past year. Income from
irregular-self employment may vary from week to
week and the current arrangements of assessing
the income over a full year avoids the necessity to
continuously recalculate a person’s means. I am
satisfied that this arrangement is a fair and
reasonable method of estimating income from
irregular-self employment for the purposes of
unemployment assistance. However, if there is a
change in the person’s position which is likely to
have an ongoing effect on the amount earned
from self employment, this matter should be
brought to the attention of the deciding officer
or, alternatively, if the person is already in receipt
of unemployment assistance, a review of means
should be sought. I would also like to point out
that a person may appeal to the independent
social welfare appeals office if he or she is dissatisfied
with any decision of a deciding officer.
Social Welfare Fund.
812. Mr. P. McGrath asked the Minister for
Social and Family Affairs the amount of money
collected by his Department by way of superannuation
payments by employees in 2003, 2004 and
2005; and where applicable, the amount paid into
the social insurance fund by those employees in
each of these years; and if he will make a statement
on the matter. [1812/06]
Minister for Social and Family Affairs (Mr.
Brennan): The amount of money collected by
way of superannuation payments by employees of
the Department in each of the years 2003 to 2005,
is as follows:
2003 — \2,243,102.35
2004 — \2,585,313.17
2005 — \2,859,248.20
These moneys were paid over to the superannuation
and retired allowances Vote of the Department
of Finance.
Moneys collected by way of PRSI contributions
by employees of the Department in those years
were paid into the Social Insurance Fund. The
amounts collected were as follows:
2003 — \4,292,298.29
2004 — \4,694,418.80
2005 — \4,933,599.91.
Social Welfare Benefits.
813. Mr. Ring asked the Minister for Social and
Family Affairs if a person (details supplied) in
County Mayo will qualify for the back to education
allowance scheme. [1881/06]
Minister for Social and Family Affairs (Mr.
Brennan): To qualify for back to education allowance
a customer must have been in receipt of a
social welfare payment for a minimum of 156
days prior to commencing the course.
The person concerned received unemployment
benefit from 30 June 2005 to 26 October 2005.
He does not, therefore, qualify for the back to
education allowance.
Bullying in the Workplace.
814. Mr. Timmins asked the Minister for Social
and Family Affairs the policy to deal with bully-

579 Questions— 25 January 2006. Written Answers 580
[Mr. Timmins.]
ing in his Department; if same has been circulated
to all employees; if there are outstanding law
cases regarding the issue by employees; if cases
were dealt with or settled since 1 January 2000,
and if so, the number of same; if his Department
has legislation dealing with the issue of bullying
or plans to introduce such legislation; and if he
will make a statement on the matter. [1908/06]
Minister for Social and Family Affairs (Mr.
Brennan): The Civil Service policy dealing with
bullying, harassment and sexual harassment in
the workplace — “A Positive Working Environment”
— was introduced across the Civil
Service in July 2000. A copy of the policy was
distributed to all staff in my Department. The
policy was reviewed last year to take account of
subsequent developments at national and EU
level and also to take on board the experience
gained in the operation of the original policy. A
revised policy came into effect from 1 September
2005, which is designed to ensure compliance with
codes of practice issued under the Safety, Health
and Welfare at Work Act 2005; the Industrial
Relations Act 1990 and the Employment
Equality Acts 1998 and 2004.
A copy of the revised policy was issued to all
staff in my Department, along with an information
leaflet. The policy document is also available
electronically on internal shared computer
systeMs Information on the revised policy is
given to all new staff at entry to the Department
and information and advice in regard to dealing
with allegations of bullying are given on departmental
management training courses.
There are three outstanding law cases taken by
employees of this Department in regard to allegations
of bullying. One case has been settled
since 1 January 2000. Legislation in the area of
employment law is not the responsibility of this
Department. Policies for the Civil Service in
regard to bullying are issued centrally through the
Department of Finance. My Department is committed
to the implementation of these policies
and procedures, which are aimed at ensuring that
the work environment is free from bullying and
harassment and that any cases of complaint,
which arise, are investigated as appropriate.
Departmental Staff.
815. Mr. Timmins asked the Minister for Social
and Family Affairs the bonuses that were paid to
his staff for the year ending 31 December 2005;
the amount of money that was paid; the way in
which this was calculated; and if he will make a
statement on the matter. [1923/06]
Minister for Social and Family Affairs (Mr.
Brennan): Civil Service posts at the levels of
Assistant Secretary and Deputy Secretary are
covered by a scheme of performance related
awards. Recommendations in regard to awards
are made by the Secretary General of each
Department and the operation of the scheme is
overseen by the Committee for Performance
Awards. The funding for awards is based on 10%
of the payroll for the posts covered by the
scheme. Within this overall limit, payments of up
to 20% can be made to individuals.
Details of the procedures, the numbers covered
by the scheme, the range of awards and the total
amounts paid in Departments are outlined in the
annual reports of the committee, available on the
website www.finance.gov.ie. The committee does
not identify the amount paid to individuals as this
is regarded as personal information.
Submissions in respect of the year ending 31
December 2005 have been forwarded to the committee
for its consideration. In addition, there is
a scheme for recognition of exceptional performance
by staff which operates across the Civil
Service. This scheme has been in operation since
1996 and allows secretaries general to make
awards for sustained exceptional performance to
staff. Awards may be made in respect of performance
above the level which would reasonably be
expected in the normal course from the grade of
staff involved. All staff in the Department, irrespective
of grade, can nominate another staff
member or a team for an award, at any time during
the year.
The total expenditure on the scheme, which in
my Department is called the Fiúntas scheme, may
not exceed 0.2% of payroll costs. In the year ending
31 December 2005, expenditure on the
Fiúntas scheme, including any tax and PRSI liability
covered by my Department’s pay budget
was \268,963.
Social Welfare Benefits.
816. Mr. Ring asked the Minister for Social and
Family Affairs the reason a person (details
supplied) in County Mayo did not qualify for the
disability benefit; and if their UK contributions
will be taken into consideration when determining
their eligibility for this payment. [1947/06]
Minister for Social and Family Affairs (Mr.
Brennan): The person concerned lodged a claim
for disability benefit on 20 December 2005. He
did not qualify for disability benefit as he did not
satisfy the qualifying conditions based on his Irish
contributions alone. In particular, he did not have
any contributions in the governing contribution
year 2003.
As the person concerned has advised the
Department that he was resident in the UK for
an extensive period up to May 2005, the UK authorities
have been requested to provide details of
his employment contributions during this period.
On receipt of this information, his entitlement to
disability benefit will be reviewed. In the meantime,
if his means are not sufficient to meet his
needs, the person concerned should contact the
community welfare officer at his local Health

581 Questions— 25 January 2006. Written Answers 582
Service Executive office, who will advise him of
his possible entitlement to supplementary welfare
allowance.
817. Dr. Cowley asked the Minister for Social
and Family Affairs if he will extend free travel to
older Irish emigrants, at the very least to Irish
pensioners living in the UK, when they return
here on their holidays; and if he will make a statement
on the matter. [2138/06]
Minister for Social and Family Affairs (Mr.
Brennan): The free travel scheme is available to
all people living in the State aged 66 years, or
over. It is also available to carers and to people
with disabilities who are in receipt of certain
social welfare payments. It applies to travel
within the State and cross-Border journeys
between here and Northern Ireland.
There have been a number of requests and
inquiries in regard to the extension of entitlement
to free travel for Irish born people living outside
Ireland, particularly in the UK. The legal advice
available to me is that such a proposal would be
contrary to the EC treaty, which prohibits discrimination
on the grounds of nationality, I am
continuing to examine all aspects of this possible
scheme.
Significant improvements have been made to
the free schemes, including the free travel
scheme, in recent budgets both in terms of the
qualifying conditions and the coverage of the
schemes. I will continue to review the operation
of these schemes with a view to identifying the
scope for further improvements as resources
permit.
818. Mr. Ring asked the Minister for Social and
Family Affairs if assistance is available to unemployed
people who wish to apply for a truck driving
licence in view of the fact that the costs of the
necessary driving lessons is prohibitive while on
unemployment assistance or unemployment
benefit and in view of the fact that if they could
obtain the licence they could get employment;
and the help available to people towards the
truck driving lessons. [2217/06]
Minister for Social and Family Affairs (Mr.
Brennan): My Department assists and encourages
long-term unemployed, and other welfare recipients
to return to work, training or further education
through a range of measures administered
by my Department’s social and family support
service. In addition, my Department’s locally
based facilitators operate the technical assistance
and training grants, TATS, and special projects
fund to provide enhanced support to people who
need additional help to progress to further training
and employment.
The technical assistance and training grants
fund was originally established for self-employed
participants in the back to work allowance
scheme to provide them with training in the areas
of start your own business, book-keepingaccounts,
preparation of business plans, marketing,
literacy and computer training and assistance
with the purchase of small items of equipment.
It also provides assistance with the cost of HGV
training and licence to individuals where appropriate.
Since 2003, the fund has been extended
to support other welfare customers. In 2005, over
4,000 grants were provided at a cost of \1.879 million.
The amount allocated for 2006 is \2.55
million.
My Department’s special projects fund also
enables facilitators to assist more marginalised
groups and demonstrates the positive results of a
partnership approach between my Department,
the voluntary and community sector and other
local players in identifying and addressing local
needs in terms of training and development.
Some of the projects supported include personal
development, computer training,
literacy/numeracy and life skills. HGV driving
lessons for welfare recipients may also be supported
from this fund. In 2005, a total of 198
special projects were funded, co-funded or partfunded
at a cost of \2.8 million. The budget for
2006 is \2.5 million.
Departmental Expenditure.
819. Mr. Kenny asked the Minister for Social
and Family Affairs if his Department has produced
an annual corporate procurement plan in
respect of each of the years 2000 to 2005; and if
he will make a statement on the matter.
[2243/06]
Minister for Social and Family Affairs (Mr.
Brennan): My Department did not produce a formal
annual corporate procurement plan for the
years in question. However, I can assure the
Deputy that my Department maintains rigorous
oversight of procurement matters through established
control mechanisms.
Furthermore, my Department has participated
in a Department of Finance-led procurement
capacity building initiative and is now drawing up
a procurement strategy for the Department, a key
component of which will be an annual procurement
plan. The plan will operate in support the
procurement strategy to ensure the Department
continues to maximise the potential to deliver
value for money in the area of procurement.
Publication of Reports.
820. Ms Shortall asked the Minister for Social
and Family Affairs the bodies under the aegis of
his Department which have not provided him
with a 2004 annual report; and in the case of each
body from whom he has received such a report
if same has been laid before the Houses of the
Oireachtas. [2282/06]

583 Questions— 25 January 2006. Written Answers 584
Minister for Social and Family Affairs (Mr.
Brennan): The five statutory agencies operating
under the aegis of my Department are the Pensions
Board, the Combat Poverty Agency, Comhairle,
the Family Support Agency, and the Social
Welfare Tribunal. In addition, the Pensions
Ombudsman comes under the remit of my
Department.
The Pensions Board, the Combat Poverty
Agency, Comhairle, and the Pensions Ombudsman
have each provided me with a copy of their
2004 annual report, all of which have been laid
before the Houses of the Oireachtas. The Family
Support Agency has provided me with a copy of
their 2004 annual report which it is planned to lay
before the Houses of the Oireachtas in the near
future. There is no statutory requirement for the
Social Welfare Tribunal to submit an annual
report.
Social Welfare Benefits.
821. Mr. P. McGrath asked the Minister for
Social and Family Affairs if the regulations governing
the payment of the reduced rate of contributory
old age pension to those self employed
persons who did not have ten years of social
insurance payments will be reviewed; if a 60%
payment to those who had a six year contribution
record and a 70% payment to those who had
seven years contribution and so on will be
awarded; and if he will make a statement on the
matter. [2312/06]
Minister for Social and Family Affairs (Mr.
Brennan): The qualifying conditions for contributory
old age pensions require a person to have
paid at least 260 contributions at the appropriate
rate, enter insurance ten years before pension age
and achieve a yearly average of at least ten contributions
paid or credited on their social
insurance record from 1953, when the unified
system of social insurance came into effect, or the
date of entry into insurance, if later. an average
of 48 contributions is required to qualify for a
pension at the maximum rate.
The special half-rate pension for self-employed
people was one of a number of measures which
was introduced by the Government to provide a
basic payment for groups who would not otherwise
qualify for a social welfare pension. In this
case, the measure was designed to benefit selfemployed
people who were already over 56 years
of age when compulsory self employed social
insurance was introduced in 1988 and who could
not therefore satisfy the condition of having
entered insurance ten years before pension age.
This particular group also had the option of
receiving a refund of a portion of their social
insurance contributions.
The special pension, which is based on five
years contributions, is payable at 50% of the standard
rate and, as already indicated, its objective
was to provide a basic payment to people who
would not otherwise qualify for a pension. A
similar arrangement was provided to cater for
people with pre-1953 social insurance. This
special pension was seen as a reasonable response
to the position of the self-employed and represents
good value for the contributions made.
There are no proposals to enhance the payment
on the lines suggested.
Pension Provisions.
822. Cecilia Keaveney asked the Minister for
Social and Family Affairs the progress being
made in relation to bringing forward the introduction
of an entitlement for people to choose to
work beyond the current age of retirement; and
if he will make a statement on the matter.
[2370/06]
Minister for Social and Family Affairs (Mr.
Brennan): An increase in workforce participation
of older people is one of the more important
means of ensuring the sustainability of pensions
systems in the future and has been recognised as
such internationally.
It is important that we encourage and facilitate
people who would like to continue to work
beyond normal retirement age. The Government
is already committed to removing the retirement
condition associated with the retirement pension
so that people will not have to leave work before
qualifying for a pension. In budget 2006, I
announced the introduction of an earnings disregard
for recipients of non-contributory pensions,
which will lessen the impact of working on
these pensions. The Pensions Board in its report
on the national pensions review has recommended
further measures in the social welfare
context and I will be considering the costs and
practicality of introducing the suggested changes.
However, issues surrounding social welfare
payments represent only one aspect of the problem.
As I indicated at the publication of the
national pensions review, we require a change in
attitudes in relation to longer working from both
employers and employees. Employers must seek
to retain older employees and create the conditions
which will make longer working both
attractive and feasible for older workers. The
creation of an entitlement for people to work
beyond normal retirement ages would be a
matter for my colleague the Minister for
Enterprise, Trade and Employment.
Social Welfare Code.
823. Mr. Stanton asked the Minister for Social
and Family Affairs his views on making the back
to education allowance available to all lone
parents; and if he will make a statement on the
matter. [2466/06]
Minister for Social and Family Affairs (Mr.
Brennan): The back to education allowance is a

585 Questions— 25 January 2006. Written Answers 586
second chance education opportunities programme
designed to encourage and facilitate
people on certain social welfare payments to
improve their skills and qualifications and, therefore,
their prospects of returning to the active
work force.
At present, to qualify for participation in the
BTEA scheme an applicant must be at least 21
years of age — 18 years of age for people with
disabilities. Lone parents and others may access
the scheme at 18 years of age if they are out of
formal education for two years or more. an applicant
must also be in receipt of a relevant social
welfare payment for at least six months, in the
case of people wishing to complete a second level
course, or 12 months in the case of people wishing
to pursue third level qualifications. The 12 month
requirement is reduced to nine in the case of
people who wish to attend a third level course
and who are participating in the national employment
action plan.
The eligibility criteria for participation in the
scheme are considered reasonable and necessary
in order to ensure that resources are targeted at
those who are most in need, bearing in mind that
the objective of the scheme is to assist people
who have been claiming a social welfare payment
on a long-term basis.
As part of my social policy reform measures, I
have identified increased opportunities for lone
parents as a priority. In this context, obstacles to
lone parents returning to employment, training or
education are being closely examined and access
to the back to education allowance will form part
of this assessment.
Departmental Staff.
824. Mr. Stanton asked the Minister for Social
and Family Affairs the staff vacancies that exist in
his Department; the areas where these vacancies
occur; his plans to fill such vacancies; and if he
will make a statement on the matter. [2467/06]
Minister for Social and Family Affairs (Mr.
Brennan): The number of posts filled in my
Department at present is 4,281. This is 96 posts
higher than the Department’s authorised number
of core posts as set under the Government policy
on public service numbers. The filling of posts,
where they fall vacant, is considered in the context
of the overall excess on sanctioned numbers,
but taking account of the needs of the service.
The present position is that the Department is
currently working on the filling of a number of
posts in local offices and other areas. The fact
that the Department is heavily decentralised and
localised, and is in the process of further decentralisation,
presents particular challenges for the
management of this process.
Pension Provisions.
825. Mr. Stanton asked the Minister for Social
and Family Affairs his views on the fact that only
40% of occupational pension schemes that
reported to the Pensions Board in 2005 failed to
meet the funding standard required under legislation;
the action he will take to rectify this
situation; and if he will make a statement on the
matter. [2468/06]
Minister for Social and Family Affairs (Mr.
Brennan): The current minimum funding standard,
which applies to defined benefit, DB, occupational
pension schemes under the Pensions Act
1990, is a wind-up standard. It is designed to
ensure that, if a funded DB scheme winds up,
there are sufficient assets to meet the liabilities at
that point in time.
However, that is only one aspect of the overall
funding standard regime. Provisions which are in
place provide a mechanism to enable underfunded
schemes to return to full funding within a
defined period and in a planned and managed
way whether the shortfall relates to the asset or
liability side of the fund. These provisions were
recommended in a review of the funding standard
by the Pensions Board, completed in December
2004, and implemented via the Social Welfare
and Pensions Act 2005.
At the end of the day there is no magic formula
to address these issues. I believe the current
regime achieves the required balance between
member protection and encouraging continued
pension provision. However, I am aware concerns
continue to be expressed and I will be asking the
Pensions Board to review the situation.
826. Mr. Stanton asked the Minister for Social
and Family Affairs his views on whether the pensions
system is unattractive to young people; and
if he will make a statement on the matter.
[2469/06]
Minister for Social and Family Affairs (Mr.
Brennan): In 2004 just over 52% of those at work
had a supplementary pension. This figure falls to
about 23% for those aged 20 to 24. Coverage figures
for those aged 25 to 34 is approaching the
overall average at just over 50% while those in
the age bracket of 35 to 44 have a coverage rate
of over 62%.
Clearly, coverage among younger workers is a
problem and the Pensions Board has sought to
target this particular group through its pensions
awareness activities. The reasons people do not
contribute to pension schemes are many and
varied. People may have other priorities in their
earlier years, such as house purchase, but there
may also be a degree of complacency involved
with savings for retirement being well down their
list of priorities. The long-term nature of pensions

587 Questions— 25 January 2006. Written Answers 588
[Mr. Brennan.]
savings and the lack of access to these funds have
also been cited as disincentives to participation.
I recently published the report of the Pensions
Board on the National Pensions Review and this
contains recommendations designed to make
pensions saving more attractive for the public. I
will be discussing the further development of
policy in the pensions area in the light of the
recommendations of the report.
Freedom of Information.
827. Ms Burton asked the Minister for Social
and Family Affairs the public bodies and agencies
within his Department exempted from the full
remit of the Freedom of Information legislation;
and if he will make a statement on the matter.
[2738/06]
Minister for Social and Family Affairs (Mr.
Brennan): The bodies and agencies under the
aegis of my Department that are subject to Freedom
of Information legislation, in respect of certain
functions only, are Comhairle and the Office
of the Pensions Ombudsman. The nature of the
exemptions is as follows: For Comhairle, exemption
from disclosure, without the consent of the
Comhairle board, of confidential information
obtained by staff, a committee member or an
adviser or consultant to the Comhairle board in
the course of their duties; and for the Office of
the Pensions Ombudsman, exemption from disclosure,
without the consent of the Pensions
Ombudsman, of information obtained by
employees, advisers or consultants to the Pensions
Ombudsman while performing or having
performed their duties.
It is intended to make arrangements for these
non-disclosure provisions to be overridden by
freedom of information. This will require amendments
to the Third Schedule of the Freedom of
Information Acts 1997 and 2003. Following the
amendments, the Office of the Pensions Ombudsman
will be subject to the freedom of information
legislation on the same limited basis as applies to
any other ombudsman, that is, freedom of information
will not apply to a record relating to an
examination or investigation carried out by an
ombudsman.
Road Safety.
828. Mr. O’Shea asked the Minister for Transport
his proposals to introduce random breath
testing for motorists (details supplied); and if he
will make a statement on the matter. [40208/05]
Minister for Transport (Mr. Cullen): The question
of the adoption of changes in the circumstances
where the driver of a vehicle can be made
the subject of a preliminary roadside breath test
has been the subject of considerable debate and
consideration for some time.
The current road safety strategy recommends
that the introduction of random breath testing
should be pursued within its operational time
frame of 2004 to 2006. Against that background
my Department is examining the development of
a scheme for a more general basis for roadside
testing in close consultation with the Attorney
General’s office.
I met the chairman of the Oireachtas Committee
on Transport and all the party spokespersons
for a discussion focused solely on this issue late
last year at which I outlined the legal concerns as
I understand them. I am endeavouring to find an
approach to this issue which crosses party boundaries.
In the meantime, the gardaí are empowered
to require that all drivers involved in road collisions
or detected committing any traffic offences
must submit to roadside breath tests. This is in
addition to the limiting power to demand that a
driver who in the opinion of a garda has consumed
alcohol must submit to such a test.
Port Development.
829. Mr. Bruton asked the Minister for Transport
the nature of land leases in Dublin Port; if
these leases hamper the effective use of port
lands; if Dublin Port has made proposals to his
Department in relation to these leases; and if he
will make a statement on the matter. [40369/05]
Minister for Transport (Mr. Cullen): Land
leases at Dublin Port are an operational matter
for the port company concerned. Dublin Port
Company has expressed a view to the Department
that the application of the provisions of the
Landlord and Tenants Acts to the port companies
operating under the Harbours Acts 1996 and 2000
is not appropriate to the management of the port
estates. The Maritime Safety Act 2005 added the
port companies referred to above, to the list of
State bodies to which the Landlord and Tenant
(Ground Rents) (No. 2) Act 1978 does not apply.
This Act provides inter alia for a general right to
acquire the fee simple.
The Ports Policy Statement published in
January 2005 states that the Department
acknowledges the view of port companies that the
provisions of the Landlord and Tenant Acts
impose restrictions on their ability to effectively
facilitate the development within their ports of an
efficient and competitive market for port services,
including new entrants. The Ports Policy Statement
indicates that, as recommended by the High
Level Review of the State Commercial Ports published
in May 2003, the Department intends to
give consideration, in the context of future legislative
changes, to the possible adaptation of the
provisions of the Landlord and Tenant Acts to
the particular circumstances of the ports.

589 Questions— 25 January 2006. Written Answers 590
830. Mr. Bruton asked the Minister for Transport
the progress which has been made during
2005 in developing a plan for the development of
port capacity on the east coast; and the targets
being set for 2006 and datelines for delivery.
[40370/05]
867. Mr. Broughan asked the Minister for
Transport his priorities in 2006 for the development
of Irish port capacity; his plans for Dublin
Port and the redevelopment of Drogheda Port at
Bremore in Fingal. [1481/06]
Minister for Transport (Mr. Cullen): I propose
to take Questions Nos. 830 and 867 together.
In January 2005, the Minister for Communications,
Marine and Natural Resources launched
the Government’s Ports Policy Statement. The
policy statement aims to better equip the port
sector and its stakeholders to meet national and
regional capacity and service needs. One of the
key challenges that lies ahead is the provision of
adequate in-time port capacity, particularly for
unitised trade. The policy statement sets out a
framework to ensure that capacity needs are
identified, planned and progressed in a coordinated
manner.
As an initial step in this process, the Department
consulted with the commercial ports handling
unitised trade, to determine their view of
port capacity and how they intended to deal with
the projected capacity requirement. The following
ports on the east coast responded in this
regard with information on their project proposals:
Drogheda, Greenore, Dublin and
Rosslare. Drogheda Port provided information
on its proposal to develop a new port at Bremore.
In addition, in September 2005, the Department
appointed Fisher Associates to inter alia
advise on evaluating the projects submitted by
the commercial ports. The purpose of this process
is to satisfy the Minister for Transport and the
Government in due course that the anticipated
capacity requirement to 2014 and beyond can be
efficiently and adequately met.
Road Network.
831. Mr. O’Dowd asked the Minister for Transport
the progress to date in the provision of funding
by each Department for the Drogheda
Northern Cross Route (details supplied); the nature
of meetings held and with whom; the submissions
received from Louth local authorities,
Drogheda Port Company and any other body or
organisation; and if he will make a statement on
the matter. [1024/06]
Minister for Transport (Mr. Cullen): The
Government’s Ports Policy Statement was
launched on 6 January 2005. In the chapter on
integrated transport policy, the policy statement
highlights the substantial role of the commercial
ports as part of the overall transport network and
their reliance on landside transport connectivity.
In this context the Department of Communications,
Marine and Natural Resources asked the
ports to co-ordinate a view on their landside
access priorities.
In this context, Drogheda Port Company made
a submission in April 2005 to the Department of
Communications, Marine and Natural Resources
concerning inter alia the Drogheda Northern
Cross Route. This information was forwarded to
both the Departments of Transport and Environment,
Heritage and Local Government. The
Department of Transport forwarded this information
to the National Roads Authority and in
response the NRA submitted to that Department
an update report regarding inter alia the Northern
Cross Route. The Department of the Environment,
Heritage and Local Government provided
the Department of Communications,
Marine and Natural Resources with an update as
to the status and financing in relation to inter alia
the Northern Cross route. In October 2005, the
Department of Communications, Marine and
Natural Resources forwarded both of the update
reports referred to above to Drogheda Port
Company.
In addition, I understand that the Drogheda
Northern Cross Route was among a number of
matters discussed at a meeting between the
Department of Communications, Marine and
Natural Resources and Drogheda Port Company
in December 2005.
Transport Policy.
832. Ms O. Mitchell asked the Minister for
Transport if officials from his Department have
carried out cost-benefit analyses on all the projects
set out for development under the Transport
21 plan; and if he will make a statement on the
matter. [1596/06]
871. Ms O. Mitchell asked the Minister for
Transport if his attention has been drawn to the
fact that all the projects set out in Transport 21
have been subjected to a cost-benefit analysis by
the Department of Finance; and if he will make
a statement on the matter. [1595/06]
Minister for Transport (Mr. Cullen): I propose
to take Questions Nos. 832 and 871 together.
All projects and programmes provided for in
Transport 21 will be subject to the Department
of Finance Guidelines for the Appraisal and
Management of Capital Expenditure and to the
value for money initiatives set out by the Minister
for Finance in October 2005.
Under the guidelines, responsibility for carrying
out the required appraisals rests with the

591 Questions— 25 January 2006. Written Answers 592
[Mr. Cullen.]
implementing agencies. I also refer the Deputy to
my reply to a question on 29 November 2005.
Parking Regulations.
833. Mr. McHugh asked the Minister for Transport
his views on changing policy in relation to
disabled parking discs in order to include people
with an intellectual disability such as people with
Down’s syndrome and so on as a qualifying category
of person; and if he will make a statement
on the matter. [2254/06]
Minister for Transport (Mr. Cullen): The Road
Traffic (Traffic and Parking) Regulations 1997
empower local authorities, the Irish Wheelchair
Association and the Disabled Drivers Association,
to grant a disabled person’s parking permit
where they are satisfied that the applicant is suffering
from a disability that prevents him or her
from walking or causes undue hardship to the
person in walking. It is a matter for each of the
issuing organisations to determine whether a disabled
person’s parking permit should be granted
based on each application submitted to it.
The qualifying criterion centres on the issue of
the mobility impairment of the applicant and no
specific medical condition is stipulated in the
regulations. I am of the view that the current
scheme, based on the personal mobility of the
applicant, represents the optimum approach for
the issue of these particular parking permits.
My Department is currently engaged in a consultation
process with groups representing the
interests of disabled persons, who are engaged in
the issue of the disabled person’s parking permits,
the gardaí, local authorities and the Department
of the Environment, Heritage and Local Government
in relation to the regulatory provisions
made under the Road Traffic Acts that relate to
the operation of disabled person’s parking permits
and the use of disabled person’s parking
bays.
Coastal Protection.
834. Mr. Stanton asked the Minister for Transport,
further to Question No. 30 of 15 June 2005,
if the review of the coast guard volunteer service
has been completed; and if he will make a statement
on the matter. [2455/06]
Minister for Transport (Mr. Cullen): The Irish
Coast Guard has commissioned independent consultants
Farrell Grant Sparks to undertake a
review of the coastal units, and this work is currently
under way.
It had been hoped to have the review completed
by end of 2005 but the compilation of certain
statistical data has taken longer than anticipated.
It is now expected that the consultant’s
report will be completed by end of February
2006.
835. Mr. Stanton asked the Minister for Transport,
further to Question No. 30 of 15 June 2005,
if the construction of a station house at Ballycotton
coastal unit is to be included under the
Irish Coast Guard’s station house building programme
in 2006; and if he will make a statement
on the matter. [2456/06]
836. Mr. Stanton asked the Minister for Transport,
further to Question No. 30 of 15 June 2005,
if the feasibility study on site suitability for the
construction of a station house at Ballycotton
coastal unit has been completed by the Office of
Public Works; if so, the outcome of the study; if
not, when same will be completed; and if he will
make a statement on the matter. [2457/06]
Minister for Transport (Mr. Cullen): I propose
to take Questions Nos. 835 and 836 together.
All of the 54 Irish Coast Guard units, including
Ballycotton, are considered under the ten year
Irish Coast Guard building programme which is
managed by the Office of Public Works, OPW.
While a feasibility study of a site for a station
house in Ballycotton has been undertaken it is
proposed to consider the development of a
station house on the site after a consultancy study
into the operation of coastal units, which is currently
under way, has been completed and
considered.
Decentralisation Programme.
837. Mr. O’Dowd asked the Minister for Transport
if he will make a statement on the progress
to date in relation to decentralisation of civil servants
to Drogheda, County Louth. [1017/06]
Minister for Transport (Mr. Cullen): A total of
47 staff members from the Irish Coast Guard and
the Maritime Safety Directorate of my Department
are due to transfer to Drogheda as part of
the Government’s decentralisation programme.
Some 17 formal offers to transfer to Drogheda
have issued to applicants under the central application
facility, CAF, to date, nine of whom have
accepted, and four have rejected their offers.
Seven of the nine CAF applicants who have
opted to transfer to Drogheda are currently
working in the Irish Coast Guard or Maritime
Safety Directorate of my Department. The following
table gives the breakdown in this respect.
I add that, in line with centrally agreed protocols,
contact has been made with Departments in
which staff have expressed an interest in moving
to Drogheda in order to further the decentralisation
process.
Matters relating to the provision of accommodation
and facilities in Drogheda are being pro-

593 Questions— 25 January 2006. Written Answers 594
gressed in consultation with the Office of Public
Works, OPW. The OPW is handling the process
of acquiring a suitable site for the relocating functions
in Drogheda. In parallel, a comprehensive
brief of accommodation requirements is currently
being finalised with the Department and will be
forwarded to OPW shortly.
Decentralisation of Marine Safety Directorate and Irish Coast Guard to Drogheda
General Service Posts
Grade Posts Current First Place Priority Offers Accepted to date
Applicants
Principal 1 1 0
Assistant Principal 2 2 0
Higher Executive Officer 7 16 3
Executive Officer 8 10 2
Clerical Officer 6 18 0
Total 24 47 5
Technical and Professional Posts.
Grade Posts Current First place Priority Offers accepted to date
Applicants
Chief Surveyor 1 1 0
Deputy Chief Surveyor 1 0 0
Marine Surveyors 5 1 0
Principal Radio Surveyor 1 0 0
Radio Surveyors 1 1 1
Director of Coast Guard 1 1 1
Assistant Director of Coast Guard 2 1 1
Regional Coast Guard Controllers 3 0 0
Divisional Controller 1 0 0
Deputy Divisional Controller 1 1 1
Operations and Training Officers 6 1 0
Total 23 7 4
Seven of the nine staff members who accepted
offers to decentralise are currently working in
areas-divisions decentralising to Drogheda. A
further four staff members who are working in
area-divisions decentralising to Drogheda have
received, but as yet, have not accepted offers to
decentralise.
Aviation Policy.
838. Mr. P. Breen asked the Minister for Transport
if, following the delay in the concluding of
negotiations between the EU and US on a new
aviation agreement, he will reconsider his
decision not to commission an economic impact
study for the Shannon area on the changeover to
an open skies aviation policy; and if he will make
a statement on the matter. [40175/05]
Minister for Transport (Mr. Cullen): There is
no delay in the conclusion of the negotiations
between the EU and US on a new aviation agreement.
The full text of an agreement was settled
by EU and US officials at the end of their last
negotiation session in Washington, on 18
November 2005. The only significant outstanding
issue is the outcome of the US’s moves to amend
its ownership and control rules in order that EU
carriers, for example, could have much greater
control over the commercial activities of US airlines
that they invest in. The US began its public
consultation process at the beginning of
November 2005, and its own procedures for this
means that it cannot publish the result of the process
until about March 2006. This timescale may
not be sufficient to allow for a final decision at
the March Transport Council, but a final decision
will, I expect, be taken no later than the June
Transport Council, with a view to the EU-US
Aviation Agreement coming into effect in
November 2006. The time scales for all of the
above mentioned staging posts along the way to
the EU-US Agreement have been known to the
US and to EU Ministers from November 2005,
and they are all proceeding on schedule. As I
have said in the House many times before, the
conclusion that open skies will be good for Irish

595 Questions— 25 January 2006. Written Answers 596
[Mr. Cullen.]
tourism, aviation, business links and the economy
generally is clear.
The transitional arrangement for Shannon has
now been finalised, and the period of time for
Shannon to prepare is now known. It is now a
matter for the management and staff of Shannon
Airport to use that transitional period in the best
way possible, and to look forwards and grasp the
undoubted opportunities that open skies offers.
In addition to the extra time that the transitional
period allows Shannon, I also announced
my intention to develop a tourism and economic
development plan for Shannon Airport, in consultation
with my colleagues, the Ministers for
Arts, Sport and Tourism and Enterprise, Trade
and Employment, following the negotiation in
November 2005 of the transitional arrangement
for Shannon Airport. Work has begun in my
Department on that plan. I am consulting both
Ministers concerned on the scope of the plan and
the structures to manage the development and
implementation of the plan given the crossdepartmental
nature of the issues involved.
I also met with a group from the Mid-West
Regional Authority, which also included representatives
from SIGNAL, Shannon Development,
IBEC, Shannon Airport and local authorities.
A further meeting of that group was also
recently attended by a senior official of my
Department in order that the group can liaise
with my Department regarding the cross-departmental
work under way, and have a means to
input suggestions or material of their own.
Road Safety.
839. Mr. Bruton asked the Minister for Transport
his views on introducing a public awareness
campaign to promote good driving behaviour
(details supplied); and if he will make a statement
on the matter. [40176/05]
Minister for Transport (Mr. Cullen): The
National Safety Council is the agency mandated
with responsibility for road safety education and
advertising. The council has in the past produced
short advertising campaigns encompassing information
about roundabouts, motorways and overtaking
manoeuvres, which highlighted safe driving
practice in these key areas. I understand that
the National Safety Council has proposals to
develop further advertising campaigns focusing
on good driver behaviour later this year.
Public Transport.
840. Mr. Bruton asked the Minister for Transport
if he has received a report from Dublin Bus
regarding the fitting of security cameras to its
fleet; the number of buses in the fleet which have
the cameras installed; the improvements in passenger
safety which has resulted; and the number
of prosecutions which have been pursued as a
result of the camera installations. [40184/05]
Minister for Transport (Mr. Cullen): Dublin
Bus has advised me that the company has fitted
digital video surveillance equipment to 965 of its
vehicles to date, which has improved safety to
both customers and staff. This has contributed to
a reduction of anti-social behaviour both on and
off the buses. Dublin Bus advises that the Garda
have used the footage to detect both on-bus and
on-street crime and a number of files are currently
under investigation.
Driving Tests.
841. Mr. Bruton asked the Minister for Transport
the reason the driver tester is not permitted
to discuss the details of the test with the applicant
at the end of the process in relation to the current
driving test process in order that the applicant
who fails the test can fully understand their mistakes.
[40185/05]
Minister for Transport (Mr. Cullen): My
Department is considering the introduction of a
short verbal debrief to test candidates who
request it at the end if their test. This short verbal
feedback would refer to the type of fault that was
incurred or to where it occurred on the route.
Training has already been provided to the driver
testers to deliver this feedback and its introduction
is subject to negotiations with the testers’
union, and will also be influenced by a reduction
in the present backlog of tests.
842. Mr. Bruton asked the Minister for Transport
the standards which are used to certify driver
tester ability and competence and the way in
which these standards are maintained through
regular training. [40186/05]
Minister for Transport (Mr. Cullen): Arrangements
for the recruitment of driver testers are
principally the responsibility of the Public
Appointments Service. As part of the recruitment
process candidates for the position of driver
tester are obliged to undertake a psychometric
test, undergo a practical driving test and interview
which assesses their suitability for the position.
The driving test in Ireland is designed in accordance
with the requirements of the European
Directive 91/439/EEC on driving licences, which
sets out the skills a driver must demonstrate during
a driving test.
Following recruitment each driver tester
undergoes a six week training course which
covers all aspects of the driving test. The work of
driver testers is monitored on an ongoing basis by
supervisory driver testers to ensure that a uniform
standard of test is maintained. There are
procedures in place to ensure that further training
is provided if difficulties in applying this standard
are identified.
All driver testers underwent a comprehensive
two week refresher training programme in 2002
which covered procedures for carrying out driving
tests, guidelines for assessing driving faults
and training to enhance customer service in the
delivery of the driving test. The training course

597 Questions— 25 January 2006. Written Answers 598
undertaken by recruit driver testers is currently
under review.
Road Safety.
843. Mr. Healy-Rae asked the Minister for
Transport if the necessary legislation to allow the
introduction of the new temporary speed limits
which are required at central locations throughout
the country will be introduced (details
supplied); and if he will make a statement on the
matter. [40213/05]
Minister for Transport (Mr. Cullen): The legislative
basis for the application of speed limits on
roads generally is set out in the Road Traffic Act
2004 and came into operation on 20 January 2005.
That Act establishes a range of speed limits that
apply to particular classes of road on a default
basis and also provides the basis for county
councils and city councils to apply special speed
limits in lieu of these default speed limits. The
power to apply special speed limits is given under
section 9 of the Act to the elected members of
county and city councils acting following consultation
with the Garda, the written consent of the
National Roads Authority in respect of proposals
for national roads and motorways and a public
consultation process. The range of speed limit
values that can be applied as special speed limits
is set in that section.
Section 9 of the 2004 Act also provides that
the Minister for Transport may issue guidelines
to county and city councils in relation to the
application of special speed limit by-laws. I issued
such guidelines on 18 April 2005 to the county
and city managers. Special speed limits of 120
km/h and 30 km/h can only be applied in accordance
with those guidelines. A copy of the guidelines
is available in the Oireachtas Library and
may also be viewed on my Department’s website.
That section also provides that county and city
councils may make by-laws to support the deployment
of special speed limits on a periodic basis or
where special circumstances prevail.
Section 10 of the Road Traffic Act 2004, in
force since 20 January 2005, provides that a
county or city manager may make a road works
speed limit order for the application of a speed
limit on any road or part of a road, including a
motorway, where road works are being carried
out. A road works speed limit order can be
applied for any period of not more than 12
months and the minimum speed limit that may be
put in place by such an order is 30 km/h.
In January 2005, I made regulations, the Road
Traffic (Speed Limit — Traffic Signs) Regulations
2005 (SI No. 10 of 2005), prescribing the
regulatory traffic signs displaying metric units of
measurement — km/h — that the road authorities
must provide on public roads to indicate the
speed limit in force. This range of traffic signs can
be deployed to indicate that a default speed limit,
a special speed limit or a road works speed limit
is in force. On 30 November 2005, I made further
regulations, the Road Traffic (Traffic Signs —
Periodic Special Speed Limits) Regulations 2005
to provide an alternative format of a speed limit
traffic sign which may be deployed to indicate
that a periodic special speed limit is applied.
Airport Development Projects.
844. Mr. P. Breen asked the Minister for Transport,
further to Question No. 322 of 6 December
2005, if the extension of 1,000 ft to Cork Airport
runway 17/35 in 1989 was notified to Cork County
Council; if his Department formally requested
that the Cork county development plan be varied
accordingly at that time to implement the necessary
revision to the associated red zone; if he is
satisfied that such a variation was made to the
development plan; and if he will make a statement
on the matter. [40244/05]
845. Mr. P. Breen asked the Minister for Transport
if Aer Rianta obtained the approval of his
Department for the development of commercial
car parks on the grass area beside the Team Aer
Lingus building for a number of summer periods
prior to 1 January 1998 when such lands were formally
transferred to Aer Rianta; and if he will
make a statement on the matter. [40245/05]
846. Mr. P. Breen asked the Minister for Transport,
further to Question No. 354 of 30 November
2004, the precise purpose for which the lands in
question were compulsorily acquired in 1945; the
reason these lands were not utilised for that very
purpose by his Department; and if he will make
a statement on the matter. [40246/05]
Minister for Transport (Mr. Cullen): I propose
to take Questions Nos. 844 to 846, inclusive,
together.
I understand that the construction of the runway
extension and the consequent amendment of
the red — safety — area of runway 17 at Cork
Airport was advised to Cork County Council at
the time by the then Aer Rianta. The subsequent
inclusion of that information in any development
plan was a matter for Cork County Council.
With regard to car-parking at Dublin Airport,
I understand from the Dublin Airport Authority
that the use of the area in question for this purpose
was an operational decision required to
alleviate serious congestion at the airport during
peak travel periods. This was a normal day-to-day
operational matter for Aer Rianta for which it
was not considered necessary to seek the
approval of the Department.
With regard to the purchase of certain lands in
1945 at Shannon Airport, these were compulsorily
acquired to cater for the potential expansion
of the airport over the following 50 year
period. Following the construction of runway
06/24 at Shannon, it became evident that these

599 Questions— 25 January 2006. Written Answers 600
[Mr. Cullen.]
lands would not be required for airport infrastructure
development but could potentially be
utilised for other aviation-related activities.
However, subsequent to the development of a
major public road on these lands to serve the
Shannon Aerospace maintenance business, the
portion of lands which remained north of this
road became isolated from the airfield with no
possibility of direct contact with the airfield infrastructure
in the foreseeable future. However, the
lands south of the road have been retained for
aviation related development for the benefit of
the airport.
Rail Network.
847. Mr. Crowe asked the Minister for Transport
his proposals for the development of the
Navan railway line; and when funding for the
development of the line will become available for
the project. [40250/05]
Minister for Transport (Mr. Cullen): Under
Transport 21, the Navan railway line will be
developed in two phases. The first phase will
involve a spur off the Maynooth line at Clonsilla
to Pace, beyond Dunboyne. Iarnród Éireann has
already completed a feasibility study for this
phase and funding for design and planning work
will be provided by my Department in 2006. A
railway order will be required to allow construction
of the line to proceed. Under Transport 21,
phase one is scheduled to be completed in 2009.
Further studies will be undertaken by Iarnród
Éireann in the near future in relation to phase
two of the project, the extension of the line from
Pace to Navan.
Driving Licences.
848. Mr. McCormack asked the Minister for
Transport the progress being made on the introduction
of issuing reminder notification in the
renewal of driving licences; and if he will make a
statement on the matter. [40265/05]
Minister for Transport (Mr. Cullen): The
Department of the Environment, Heritage and
Local Government hold and administer the
national driver file which contains driving licence
records. My Department is in consultation with
that Department with a view to having the necessary
arrangements for the issue of driving licence
renewal notices from the national driver file put
in place.
I understand that the Department of Environment,
Heritage and Local Government have
issued a tender for the provision of enhancements
to the national vehicle and driver file including
the facility to issue driving licence reminders, and
that the tendering process is ongoing.
Road Traffic Accidents.
849. Ms O’Donnell asked the Minister for
Transport the type of investigation or inquiry put
in train where there is a fatal road traffic accident;
the role of his Department, the National Roads
Authority, the relevant local authority and the
Health and Safety Authority, in that inquiry process;
the recourse open to the family of the victim
of a road traffic accident should they be dissatisfied
with that investigative procedure or its outcome;
and if he will make a statement on the
matter. [40321/05]
Minister for Transport (Mr. Cullen): The
primary immediate investigative role in relation
to road accidents is vested in the Garda Síochána.
Priority in such an investigation must be given to
the determination of the causes of road accidents
including, where appropriate, road construction
or surface standards, and in particular whether a
breach of the road traffic laws contributed to
the occurrence.
The Garda Síochána is the body empowered to
make such a determination and to launch criminal
proceedings against any person who the
Garda consider should be accused of the commission
of an offence. Garda reports on these
investigations are forwarded to the National
Roads Authority and subsequently to each local
authority for the purpose of the establishment of
accident trends and causes generally and to facilitate
the carrying out of remedial works relating
to road infrastructure where such action is
deemed to be necessary.
The Health and Safety Authority is the
national body in Ireland with responsibility for
securing health and safety at work. For this
reason, the involvement of the HSA in accident
investigation only arises where a collision takes
place in the context of a place of work, for
example, where an involved vehicle constitutes a
workplace or where road works are being
carried out.
The primary focus of the investigations made
in relation to a road traffic collision is to establish
the immediate cause for the occurrence, to pursue
actions to address those causes where appropriate
and, where necessary, to pursue criminal prosecutions.
The outcome of criminal proceedings
instigated on behalf of the Garda or, in the case
of a fatality, an inquest, or the determinations
made in respect of other contributory causes, may
influence the family of a victim to pursue issues
with the appropriate authority or through the
civil courts.
Driving Test Centres.
850. Mr. O’Dowd asked the Minister for Transport
if Drogheda will be designated as a driving
test centre in view of the very significant growth
in population in south Louth-east Meath; and if

601 Questions— 25 January 2006. Written Answers 602
he will make a statement on the matter.
[1018/06]
Minister for Transport (Mr. Cullen): There are
no plans to open a driving test centre in
Drogheda. The existing centres in Dundalk,
Navan and Finglas provide adequately for the
demand in Drogheda and the general area.
851. Mr. O’Dowd asked the Minister for Transport
the location of existing driving test centres
here; the year each centre was opened; the facilities
provided to the public at each such centre
and the ownership of such centres; the cost of
acquiring or renting same including the annual
running cost for each such centre; if such premises
are in local authority possession; the staff
numbers employed at each centre whether parttime,
contract or full-time and the cost of staff
per annum; the throughput at each centre in 2005;
the waiting list for testing at each centre; and if he
will make a statement on the matter. [1019/06]
Minister for Transport (Mr. Cullen): Table 1
sets out the location and number of testers
assigned to headquarter centres at present.
Driver testers are in turn assigned from headquarter
centres to meet the demand in other test
centres. The table does not include the chief
supervisory tester or the ten supervisory testers.
Table 1 also sets out details of whether a centre
is owned by the OPW or leased by it on my
Department’s behalf. No centre is in local authority
possession. The total number of staff in all
driving test centres is 126 comprising one chief
tester, nine supervisory testers, one temporary
supervisor tester, 109 driver testers — this
number includes four driver testers who workshare,
and six retired driver testers. There are no
records available in my Department as to when
driving test centres were first opened.
Table 2 sets out the number of driving tests
conducted at each test centre in 2005 and the
waiting times at each centre at 23 January 2006.
As the OPW is responsible for sourcing and leasing
buildings on my Department’s behalf, acquisition
and rental costs are borne by it. The total
cost of providing a national driving test service in
2005 was approximately \12 million. A figure for
each individual test centre is not available. Facilities
available vary from centre to centre.
However, the basic facilities include an interview
and waiting room in all centres. Neither Dundalk,
Killarney or Kilrush have a designated waiting
room. These are temporary centres operating
from alternative premises, such as hotels, while
the OPW sources suitable permanent sites.
Table 1. Testers Headquartered at Test Centres and ownership
details
Driving Test Centres Testers Ownership
Headquartered
North Leinster Region
Finglas 17 Leased
Raheny 8 Leased
Dundalk — Owned
Mullingar — Owned
Navan 1 Owned
South Leinster Region
Churchtown/Rathgar 15 Leased
Tallaght 10 Leased
Gorey — Leased
Naas 2 Leased
Tullamore — Owned
Wicklow — Leased
West Region
Athlone 2 Leased
Birr — Leased
Castlebar 4 Leased
Clifden — Leased
Ennis 3 Owned
Galway 6 Leased
Loughrea 2 Leased
Roscommon — Owned
Tuam — Leased
North West Region
Ballina — Owned
Buncrana — Leased
Carrick-on-Shannon 2 Owned
Cavan 2 Leased
Donegal — Leased
Letterkenny 3 Leased
Longford — Owned
Monaghan 1 Owned
Sligo (Cranmore) 2 Owned
South East Region
Carlow 1 Leased
Clonmel 2 Owned
Dungarvan — Leased
Kilkenny 2 Owned
Nenagh — Owned
Portlaoise 1 Owned
Thurles — Owned
Tipperary — Leased
Waterford 4 Leased
Wexford 4 Leased
South West Region
Cork 13 Leased
Killarney 2 Owned
Kilrush — Rented
Limerick 4 Leased
Mallow — Owned
Newcastle West — Owned
Shannon — Leased
Skibbereen — Leased
Tralee 2 Owned

603 Questions— 25 January 2006. Written Answers 604
[Mr. Cullen.]
Table 2. The number of tests conducted in 2005* and waiting times at each centre as of 23 January 2006.
Centre No. Tests Conducted 2005 Applications on Hand Average Weeks Longest Weeks
Waiting
Waiting
Nth. Leinster
Finglas 10,220 11,285 36 50
Dundalk 3,819 3,598 36 46
Mullingar 2,076 1,876 33 45
Navan 4,265 5,042 38 56
Raheny 7,195 7,738 46 58
Sth. Leinster
Churchtown/ Rathgar 11,586 11,904 24 54
Gorey 1,911 2,471 47 56
Naas 6,287 6,157 20 53
Tullamore 1,704 2,012 36 53
Wicklow 1,895 2,872 50 52
Tallaght 8,111 10,010 21 57
West
Athlone 1,857 1,109 26 26
Birr 1,696 1,343 36 40
Castlebar 2,917 1,964 29 38
Clifden 545 367 23 23
Ennis 1,855 1,481 32 34
Galway 3,427 3,724 37 47
Loughrea 1,710 1,112 31 31
Roscommon 1,378 1,065 30 34
Tuam 1,631 1,195 36 38
Nth. West
Ballina 1,635 1,061 28 38
Buncrana 1,020 638 34 37
Carrick-on-Shannon 1,632 927 29 29
Cavan 2,353 1,685 30 38
Donegal 1,314 1,118 42 44
Letterkenny 2,497 2,278 24 51
Longford 1,292 867 28 35
Monaghan 1,907 1,145 34 35
Sligo 1,818 1,842 42 42
Sth. East
Carlow 2,707 2,489 27 47
Clonmel 1,801 2,021 47 51
Dungarvan 1,369 1,464 45 52
Kilkenny 3,074 1,695 25 32
Nenagh 780 742 40 41
Portlaoise 1,268 1,878 17 63
Thurles 1,211 1,123 44 45
Tipperary 845 1,100 28 58
Waterford 3,552 2720 33 39
Wexford 3,132 2,246 29 38
Sth. West
Cork 8,950 7,384 29 38
Killarney 2,542 1,909 39 42
Kilrush 656 497 27 38

605 Questions— 25 January 2006. Written Answers 606
Centre No. Tests Conducted 2005 Applications on Hand Average Weeks Longest Weeks
Waiting
Waiting
Limerick 3,880 4,574 46 50
Mallow 2,348 2,242 42 43
Newcastle West 2,161 1,706 34 41
Shannon 859 1,029 45 51
Skibbereen 2,122 1,899 42 44
Tralee 2,540 1,423 28 32
TOTALS
Overall Total 137,350 130,027 33.9 43.4
* Figures are provisional as at 1 January 2005 to 31 December 2005.
Road Network.
852. Ms O. Mitchell asked the Minister for
Transport if his attention has been drawn to
whether the construction work on the Dublin
Port tunnel is completed; if not, the reason therefor;
and if he will make a statement on the
matter. [1025/06]
855. Ms O. Mitchell asked the Minister for
Transport the steps he intends taking to stem the
flood of public money into the port tunnel project;
if he has identified the cause or causes of the
cost overruns and time delays; and if he is satisfied
that similar problems will not arise on future
tunnelling projects such as the interconnector and
metro. [1119/06]
856. Ms O. Mitchell asked the Minister for
Transport if he will make a statement on the latest
delays to the Dublin Port tunnel project; when
the tunnel will be open to the public; the cost
overruns of same; the person who will be liable
for these cost overruns; the amount of damage
which has been caused by the recent flooding; the
steps he is taking to control costs on this project;
if delays in opening will be kept to a minimum.
[1120/06]
Minister for Transport (Mr. Cullen): I propose
to take Questions Nos. 852, 855 and 856 together.
The planning, design and implementation of
national road improvement projects, including
the Dublin Port tunnel, is a matter for the
National Roads Authority, NRA, and the local
authorities concerned. Progress continues to be
made on the construction of the tunnel. I am
informed that the civil engineering work within
the tunnels has now been largely completed and
that the main focus of work has shifted to the
installation of the mechanical and electrical
systems which make up the safety and control
features of the project. I understand from the
NRA that the tunnel is expected to be open to
traffic in summer 2006 following the testing and
commissioning of the tunnels’ operational and
safety features.
Claims for additional costs submitted by the
contractor in this case are a matter for Dublin
City Council in the first instance. It should be
noted that the making of a claim by a contractor
does not inevitably lead to additional payments.
I understand from the NRA that the estimated
cost of the Dublin Port tunnel remains at \751
million.
The tunnel’s construction work has been monitored
in detail since the project commenced in
2001. Design and construction is monitored by
construction supervisors appointed by Dublin
City Council. When problems arise, as they
inevitably do with projects of this size, Dublin
City Council and its construction supervisors
ensure that they are detected and rectified. If
remedial measures are called for at any stage the
contractor is required to implement them at their
own expense. I also understand that contrary to
the impression that may have been created, the
tunnels are safe and stable.
853. Mr. F. McGrath asked the Minister for
Transport if the new video evidence on major
cracks and flooding at the Dublin Port tunnel will
be investigated; and if the maximum safety
measures will be given for the workers and local
residents above the tunnel. [1056/06]
859. Mr. F. McGrath asked the Minister for
Transport if his attention has been drawn to an
independent consultants’ report regarding the
port tunnel detailing poor ventilation and the fact
that the rate of leakage of ground water is almost
seven times the acceptable level; if his attention
has further been drawn to inadequate pumping
arrangements, defective lining of the tunnel roof
and the lack of adequate concrete on the ceiling;
and the completion date for the port tunnel.
[1187/06]
Minister for Transport (Mr. Cullen): I propose
to take Questions Nos. 853 and 859 together.
The construction of the Dublin Port tunnel and
issues related thereto are matters for the contractor,
Dublin City Council, and the National Roads
Authority, NRA, in the first instance. I understand
from the NRA that a safety audit of the
project confirms that the Dublin Port tunnel complies
in all respects with the requirements of the

607 Questions— 25 January 2006. Written Answers 608
[Mr. Cullen.]
proposed EU directive on safety in road tunnels
and that national and EU air quality standards
have been fully taken into account in the design
and construction of the tunnel. In supervising the
design and construction of the Dublin Port tunnel
the NRA have been fully cognisant of the need
to ensure the highest standard of safety provision
and has taken account of the most up-to-date
standards and guidance. The operating system for
the tunnel and the ventilation and safety systems
have been designed with safety as a paramount
parameter. Measures to deal with accidents,
breakdowns and fires in the tunnel are all being
installed.
The tunnel’s construction work has been monitored
in detail since the project commenced in
2001. Design and construction is monitored by
construction supervisors appointed by Dublin
City Council. When problems arise, as they
inevitably do with projects of this size, Dublin
City Council and its construction supervisors
ensure that they are detected and rectified.
If remedial measures are called for at any stage
the contractor is required to implement them at
their own expense. I also understand, contrary to
the impression that may have been created, that
the tunnels are safe and stable. At no time could
or have these leaks contributed any risk to the
health and safety of the workforce or to residents
hundreds of metres away. I understand that the
tunnel is expected to be completed and open to
traffic in summer 2006.
Harbours and Piers.
854. Mr. Sargent asked the Minister for Transport
if his Department will be contributing to the
essential repairs to Balbriggan and Skerries Harbours
now that his Department has finalised the
ownership transfer from Dublin Port Company to
Fingal County Council; and if he will make a
statement on the matter. [1059/06]
Minister for Transport (Mr. Cullen):
Balbriggan and Skerries Harbours were transferred
from the ownership of Dublin Port Company
to the control of Fingal County Council in
2004 as provided for in the Harbours Act 1996.
Following receipt of a submission regarding
works required at Balbriggan and Skerries Harbours
by Fingal County Council in 2005, the
Department responsible at the time, the Department
of Communications, Marine and Natural
Resources, made a once-off payment of \231,817
as a contribution to the total work required at the
harbours. Further contributions from this Department
are not currently under consideration.
Government policy in relation to ports, including
the regional harbours, is set out in the Ports
Policy Statement published in January 2005. The
policy statement notes that many regional harbours
have neither the resources nor the capability
to comply with aspects of the code of practice
for the governance of State bodies, whereas
their transfer to local authority control would
bring improved corporate governance and allow
the harbours to realise their amenity potential.
The Department is working with the Department
of the Environment, Heritage and Local
Government to advance the implementation of
the Ports Policy Statement with regard to the
transfer of regional harbours to local authority
control. The Department has invested in essential
public safety works at a number of regional harbours
in 2004-05 and plans to continue with a
similar programme of works in 2006. The Department
proposes to make funds available to allow
additional works to be undertaken at the regional
harbours where appropriate and justifiable, to
protect the public and the fabric of the harbours.
The Department is currently assessing what
essential works might be undertaken in 2006
within the limited budget available.
Questions Nos. 855 and 856 answered with
Question
No. 852.
Ministerial Appointments.
857. Mr. Boyle asked the Minister for Transport
the number of public appointments made by
his Department since 1997. [1162/06]
858. Mr. Boyle asked the Minister for Transport
the number of public appointments currently
vacant and yet to be made by his Department.
[1163/06]
Minister for Transport (Mr. Cullen): I propose
to take Questions Nos. 857 and 858 together.
The Department of Transport was set up in
June 2002. Since that date vacancies arising on
State boards have been filled according to the
requirements of the relevant legislation. The current
level of board membership together with the
number of vacancies to be filled are detailed on
the following table.
State Body No. of board members June 2002 to Current Vacancies
date
Aer Lingus 12 1
Dublin Airport Authority 13 Nil
Cork Airport Authority 13 Nil
Shannon Airport Authority 12 1

609 Questions— 25 January 2006. Written Answers 610
State Body No. of board members June 2002 to Current Vacancies
date
Córas Iompair Éireann 11 1
Irish Aviation Authority 9 1
Dublin Transportation Office 15 2
National Roads Authority 13 1
Railway Procurement Agency 7 1
Medical Bureau of Road Safety 5 Nil
National Safety Council 10 *
Taxi Regulator 18 Nil
Arklow Harbour Company 11 Nil
Port of Cork Company 17 Nil
Drogheda Port Company 11 Nil
Dublin Port Company 12 Nil
Dundalk Port Company 11 1
Dún Laoghaire Harbour Company 12 Nil
Shannon Foynes Port Company 12 Nil
Galway Harbour Company 12 Nil
New Ross Port Company 13 Nil
Waterford Harbour Commissioner 12 Nil
Wicklow Port Company 11 Nil
*The Government decided in July 2005 that the functions of the National Safety Council would be assigned to a new body to be
known as the Road Safety Authority. an interim board for the authority will be set up in the coming weeks pending the legislation
to provide for the establishment of the authority.
State Body No. of board members June 2002 to Current Vacancies
date
Aer Lingus 12 1
Dublin Airport Authority 13 Nil
Cork Airport Authority 13 Nil
Shannon Airport Authority 12 1
Córas Iompair Éireann 11 1
Irish Aviation Authority 9 1
Dublin Transportation Office 15 2
National Roads Authority 13 1
Railway Procurement Agency 7 1
Medical Bureau of Road Safety 5 Nil
National Safety Council 10 *
Taxi Regulator 18 Nil
Arklow Harbour Company 11 Nil
Port of Cork Company 17 Nil
Drogheda Port Company 11 Nil
Dublin Port Company 12 Nil
Dundalk Port Company 11 1
Dún Laoghaire Harbour Company 12 Nil
Shannon Foynes Port Company 12 Nil
Galway Harbour Company 12 Nil
New Ross Port Company 13 Nil
Waterford Harbour Commissioner 12 Nil
Wicklow Port Company 11 Nil
* The Government decided in July 2005 that the functions of the National Safety Council Would be assigned to a new body to be
known as the Road Safety Authority. an interim board for the authority will be set up in the coming weeks pending the legislation
to provide for the establishment of the authority.

611 Questions— 25 January 2006. Written Answers 612
[Mr. Cullen.]
Question No. 859 answered with Question
No. 853.
Aer Lingus.
860. Ms O. Mitchell asked the Minister for
Transport if he has fulfilled his commitment to
review the holding company concept proposed by
ICTU as a solution to Aer Lingus ownership; the
outcome of that review. [1263/06]
Minister for Transport (Mr. Cullen): I have not
entered into any commitment in the terms suggested
by the Deputy. The decision to dispose of
a majority shareholding in Aer Lingus was made
following detailed and comprehensive consideration
of the issue by my Government colleagues
and me. In accordance with the terms of Sustaining
Progress, I engaged with the trade unions on
the issue early in 2005 before the Government
finalised its consideration of the matter. The Irish
Congress of Trade Unions made a proposal for a
State-owned holding company which would
become the vehicle for State ownership of and
investment in commercial State companies. In
advance of the Government finalising its consideration
on the future of Aer Lingus, I understand
that the many issues and concerns which
would arise from ICTU’s proposal were conveyed
in detail to ICTU by the Department of the
Taoiseach.
Rail Accidents.
861. Ms O. Mitchell asked the Minister for
Transport the number of derailments that have
taken place to date on the Luas line; if their cause
has been identified; and if he will make a statement
on the matter. [1264/06]
Minister for Transport (Mr. Cullen): I have
been informed by the Railway Procurement
Agency that there have been nine derailments on
the Luas line to date, of which five occurred in
circumstances in which the tram was not in passenger
service. Eight of the derailments were
caused by operational errors while the ninth case
arose as a result of an articulated truck driving
into the side of the tram.
Public Transport.
862. Ms O. Mitchell asked the Minister for
Transport the progress which has been made in
relation to the formation of a Dublin transport
authority; when the board of this body will be
appointed; when same will begin its work; and if
he will make a statement on the matter.
[1273/06]
Minister for Transport (Mr. Cullen): On 6
November last, I announced the appointment of
a team, led by Professor Margaret O’Mahony,
charged with establishing a new transport authority
for the greater Dublin area. I have asked the
team to finalise a structure for the new authority,
detailing its remit and responsibilities and identifying
the human resources which are critical to its
success, taking into account best practice and best
experience internationally. I expect to receive the
team’s report in the near future. I intend to bring
proposals to the Government for decision as soon
as I have had an opportunity to consider the
report. In the meantime, I do not propose to preempt
the outcome of the team’s deliberations and
any future Government decision on the matter.
Road Network.
863. Ms O. Mitchell asked the Minister for
Transport the cost estimate for the completion of
the national roads improvement programme as
set out in the national development plan; when
the programme will be fully completed; and if he
will make a statement on the matter. [1332/06]
Minister for Transport (Mr. Cullen): Transport
21 provides the strategic framework for the
development of the national roads network. It
provides for a more extensive upgrade programme
than that provided for in the national
development plan. In such circumstances, separate
costings for the completion of the national
road improvement programme provided for in
the national development plan have not been
abstracted.
Railway Stations.
864. Ms O. Mitchell asked the Minister for
Transport the steps he is taking to ensure that the
cement silos at Horgan’s Quay are relocated to
the Iarnród Éireann facility at North Esk, County
Cork. [1391/06]
Minister for Transport (Mr. Cullen): I advise
the Deputy that I have no function in respect of
this matter. Responsibility for the development
of rail freight operations at particular locations
rests with the company in question.
Tourism Industry.
865. Mr. P. Breen asked the Minister for Transport
his plans to seek the retention of the 12 day
derogation for rest periods for drivers of tourist
coaches (details supplied); if his attention has
been drawn to the critical part coach tourism has
in the overall tourism industry, particularly in the
West; if his attention has further been drawn to
the regressive effects the ending of such a derogation
will have on coach tourism; and if he will
make a statement on the matter. [1475/06]
866. Mr. G. Mitchell asked the Minister for
Transport his views on the concerns of coach
operators (details supplied); and if he will make
a statement on the matter. [1480/06]

613 Questions— 25 January 2006. Written Answers 614
870. Ms O. Mitchell asked the Minister for
Transport if his attention has been drawn to the
concerns of coach tour operators regarding imminent
changes to Regulation (EEC) 320/85, Article
6(1) which will remove a derogation which
allowed a single driver for a 12 day tour; and if
he has considered and raised these concerns with
the Commission. [1591/06]
873. Mr. Carey asked the Minister for Transport
if his attention has been drawn to the concerns
of the coach tourism sector regarding the
implications of recent EU legislation (details
supplied) relating to road transport; and if he will
make a statement on the matter. [1664/06]
875. Mr. Gregory asked the Minister for Transport
his response to the issues raised in correspondence
from a company (details supplied);
and if he will make a statement on the matter.
[1734/06]
Minister for Transport (Mr. Cullen): I propose
to take Questions Nos. 865, 866, 870, 873 and
875 together.
On 6 December 2005, the European Parliament
and the European Council reached agreement
through the conciliation process on a new
EU regulation designed to improve driving times
and rest periods for professional drivers. The new
rules will replace the existing drivers’ hours rules
which have not been updated since 1985. It is
expected that the legal text of the new regulation
will be formally adopted later this month and will
enter into force throughout the EU as soon as it
is published in the EU Official Journal. The new
regulation includes a number of changes to the
existing rules, including the removal of the existing
provision that allows drivers of passenger
vehicles involved in non-regular services to drive
for up to 12 continuous days before taking a
weekly rest period. As the provisions of the new
regulation have been agreed at EU level, there is
no scope for making changes at this stage.
Question No. 867 answered with Question
No. 830.
Consultancy Contracts.
868. Mr. Naughten asked the Minister for
Transport the funds spent by his Department
since June 1997 on consultants, legal experts and
external advice; the number of reports produced
under such contracts and the number
implemented to date by his Department; the cost
of such advice in 2005 and the planned expenditure
for 2006; and if he will make a statement on
the matter. [1536/06]
Minister for Transport (Mr. Cullen): I refer the
Deputy to my answer to Question No. 337 of 12
October 2005, which set out details of contracts
awarded since the Department of Transport was
established in June 2002. Advice received as a
result of such consultancies is an integral step in
the formulation and implementation of the policies
of the Department of Transport. The cost of
such advice in 2005 was \1,353,000. The specific
allocation for consultancy expenditure in 2006 is
\2,373,000.
Light Rail Project.
869. Ms O. Mitchell asked the Minister for
Transport if a post project review, as recommended
by the Department of Finance guidelines
on capital projects, has been undertaken in
relation to the two completed Luas lines; if not,
the reason for that; if one is planned; and if he
will make a statement on the matter. [1587/06]
Minister for Transport (Mr. Cullen): I understand
from the Railway Procurement Agency that
a look-back study is being completed in respect
of the two Luas lines. It is expected that the study
will be completed in the coming months and the
main findings will be made available in due
course.
Question No. 870 answered with Question
No. 865.
Question No. 871 answered with Question
No. 832.
State Airports.
872. Mr. P. Breen asked the Minister for Transport
if he will be honouring the commitment
made by his predecessor, Deputy Brennan, that
Cork and Shannon airports will not begin independent
operations from Aer Rianta-Dublin Airport
Authority burdened with debt; and if he will
make a statement on the matter. [1660/06]
Minister for Transport (Mr. Cullen): The new
Shannon and Cork Airport authorities were
incorporated in September 2004. In line with the
framework provided by the State Airports Act
2004, the two new authorities will own and
operate the airports when sufficient distributable
reserves are available to the Dublin Airport
Authority to transfer the relevant airport assets
to them. Under the 2004 Act, the Ministers for
Transport and Finance must be satisfied about
the authorities’ state of operational and financial
readiness before the assets of the airports can be
vested in them. The formulation of comprehensive
business plans will be a key aspect of achieving
operational and financial readiness. The capital
structures of each of the State airports is
subject to determining the optimum mechanisms
for allocating airport assets among the three airports,
having regard to the capital maintenance
rules and other provisions of the Companies
Acts. The position on the transfer of assets to the
Cork Airport Authority was set out during the
passing of the State Airports Act 2004. The tight-

615 Questions— 25 January 2006. Written Answers 616
[Mr. Cullen.]
ness of the Dublin Airport Authority’s distributable
reserves meant that a phased approach to
restructuring was outlined at the time. The option
of the negotiation of a finance lease covering a
portion of Cork Airport’s assets, to facilitate the
earlier establishment of that airport as a fully
independent airport, was also mentioned. I assure
the Deputy that Cork Airport’s ability to operate
on a completely commercial basis will be fully
assessed as part of the business planning process
and will be factored into the decisions made.
Question No. 873 answered with Question
No. 865.
Driving Licences.
874. Mr. N. O’Keeffe asked the Minister for
Transport the criteria for renewal of driving
licences; and the position regarding a person
(details supplied) in County Cork whose general
practitioner has refused to certify them medically
fit to drive. [1690/06]
Minister for Transport (Mr. Cullen): Under the
Road Traffic (Licensing of Drivers) Regulations,
1999 to 2004, persons who suffer from any of a
prescribed list of diseases or disabilities must submit
a medical report certifying them as medically
fit to drive with their application for a driving
licence or renewal of a driving licence. This
requirement is in line with general EU requirements
on the periodic medical assessment of
licence holders to set standards. It is in the
interests of the individuals concerned, other road
users and road safety generally.
Question No. 875 answered with Question
No. 865.
Public Transport.
876. Mr. Sargent asked the Minister for Transport
the reason the Dublin Transport Office
advisory committee has not been reconstituted in
view of the fact that it last met in May 2003, that
Dublin local authorities appointed members to
the committee after the local elections in June
2004 and that the he stated in Dáil Éireann on 1
March 2005 that he intended to reconstitute the
committee at an early date. [1757/06]
Minister for Transport (Mr. Cullen): Pending
the receipt and consideration of the report of the
Dublin transport authority establishment team,
which I recently put in place to make recommendations
on the establishment of a transport
authority for the greater Dublin area, it is not
proposed to take any initiative in respect of the
Dublin Transport Office advisory committee.
Rail Services.
877. Mr. Naughten asked the Minister for
Transport his plans to upgrade the Dublin to
Westport rail service; and if he will make a statement
on the matter. [1763/06]
Minister for Transport (Mr. Cullen): The
Dublin to Westport line has been totally re-laid
with modern continuous welded track in recent
years. Significant investment has been made in
associated infrastructure, such as bridges, level
crossings and fencing. Work is under way on a
project to modernise the signalling system on the
line, to be completed in 2007. Iarnród Éireann
will begin taking delivery in 2007 of 150 new
Intercity railcars to replace old rolling stock on a
number of lines including the Westport line.
Combined with the upgrading of the fixed infrastructure,
the new railcars will allow the company
to operate an increased frequency and improved
journey times on the line, as well as improved
reliability and comfort. Iarnród Éireann has indicated
that it proposes to provide a service pattern
of five services daily in each direction on the
Westport line when the new rolling stock comes
into service.
Traffic Management.
878. Mr. Bruton asked the Minister for Transport
his views on allowing motor bikes to use bus
lanes as a means of helping motor bike safety,
and also of utilising the existing space that is
there for bus lanes; and if he will make a statement
on the matter. [1783/06]
Minister for Transport (Mr. Cullen): The use
of bus lanes is provided for in the Road Traffic
(Traffic and Parking) Regulations 1997 and 1998.
The primary purpose of bus lanes is to facilitate
and promote bus based public transport. The
regulations, which have national application, generally
limit the use of bus lanes to buses and, in
the case of with-flow bus lanes, to cyclists. an
exemption to the restriction relating to the use of
with-flow bus lanes is allowed in respect of taxis,
having regard to their role in providing an onstreet
immediate hire service, when they are
being used in the course of business. Many representations
have been received by the Department
of Transport from interests seeking to
extend access to bus lanes to a wide range of
other road users, including hackney and limousine
operators and motorcyclists. A review of the
access issue, which was carried out in 2001, took
account of the physical characteristics of the
vehicles seeking access, including motorcycles.
The views of the director of traffic of Dublin City
Council, the Dublin Transportation Office and
the Garda Síochána were sought as part of that
review. All those bodies suggested there should
be no change to the current position. That
remains the position.

617 Questions— 25 January 2006. Written Answers 618
Social Insurance Fund.
879. Mr. P. McGrath asked the Minister for
Transport the amount of money collected by his
Department by way of superannuation payments
by employees in 2003, 2004 and 2005; and where
applicable, the amount paid into the social
insurance fund by those employees in each of
these years; and if he will make a statement on
the matter. [1813/06]
Minister for Transport (Mr. Cullen): The
amount of superannuation collected from
employees of the Department of Transport was
\379,686 in 2003; \438,600 in 2004 and \467,587
in 2005. Superannuation contributions are not
paid into the social insurance fund. The payrelated
social insurance contributions collected
from employees of the Department of Transport
came to \650,395 in 2003; to \722,690 in 2004 and
to \769,366 in 2005. Those moneys are paid to the
Revenue Commissioners, which make payments
to the social insurance fund based on the earnings
and insurance class of individuals. Such moneys
also include a 2% health contribution, which is
paid to the Department of Health and Children
by the Revenue Commissioners.
Bullying in the Workplace.
880. Mr. Timmins asked the Minister for Transport
the policy to deal with bullying in his
Department; if this has been circulated to all
employees; if there are outstanding law cases
regarding the issue by employees; if cases were
dealt with or settled since 1 January 2000, and if
so, the number of these; if his Department has
legislation dealing with the issue of bullying or
plans to introduce such legislation; and if he will
make a statement on the matter. [1909/06]
Minister for Transport (Mr. Cullen): The
Department of Transport operates under the
Department of Finance’s 2000 policy document,
A Positive Working Environment, which was
amended in 2005. The document sets out, inter
alia, the policy of the Civil Service on bullying.
The document has been circulated to all
employees. There are no outstanding law cases
regarding the issue by employees. Three cases
have been dealt with in the Department since 1
January 2000. The Department has no legislation
dealing with bullying nor does it plan to introduce
such legislation.
Departmental Staff.
881. Mr. Timmins asked the Minister for Transport
the bonuses that were paid to his staff for
the year ending 31 December 2005; the amount
of money that was paid; the way in which this was
calculated; and if he will make a statement on the
matter. [1924/06]
Minister for Transport (Mr. Cullen): Some
\84,900 was paid to staff of the Department of
Transport as bonus or merit award payments for
the year ending 31 December 2005. Some \44,900
was paid to those holding posts of assistant secretary,
which are covered by a scheme of performance
related awards overseen by the Committee
for Performance Awards. The funding for
awards is based on 10% of the payroll for the
posts covered by the scheme. Payments of up to
20% can be made to individuals within this overall
limit. The remaining \40,000 was paid to staff
under a merit award scheme, under which awards
can be made in the event of exceptional performance
in the course of duty, up to a maximum of
0.2% of the A1 (salaries) budget.
National Safety Council.
882. Mr. Neville asked the Minister for Transport
the budget for the National Safety Council
for 2006. [2083/06]
Minister for Transport (Mr. Cullen): The
National Safety Council has been allocated
\5.559 million from the Exchequer for 2006. The
council also receives funding from the Irish
Insurance Federation and from private
sponsorship.
Driving Tests.
883. Mr. Connaughton asked the Minister for
Transport the reason a driver testing facility for
rigid lorries is to be discontinued at Loughrea,
County Galway; the further reason the testing of
drivers for articulated lorries is discontinued in
Galway city and transferred to either Sligo or
Limerick; if his attention has been drawn to the
inconvenience this will cause to many people; and
if he will make a statement on the matter.
[2090/06]
Minister for Transport (Mr. Cullen): Driving
tests for category C, rigid truck, in Loughrea and
category EC tests, articulated truck, in Galway
city are suspended, as certain manoeuvres which
form part of the test can no longer be safely conducted
on test routes in the respective locations.
The Department of Transport has asked the
Office of Public Works to secure a suitable offroad
compound so that HGV tests can be conducted
safely.
Rail Services.
884. Dr. Cowley asked the Minister for Transport
the situation regarding freight services in
Ballina, County Mayo which were cancelled in
the middle of 2005 and were supposed to re-start
under new management in August 2005 and then
in December 2005; his views on whether this is
an essential service in view of the fact that his
Department has not provided the essential roads

619 Questions— 25 January 2006. Written Answers 620
[Dr. Cowley.]
infrastructure in the west; and if he will make a
statement on the matter. [2140/06]
Minister for Transport (Mr. Cullen): Iarnród
Éireann has advised me that it is in negotiations
with a shipping company about the transport of
full container trains between Ballina and Waterford
Port. Subject to clarification on a number of
outstanding issues, this service is due to commence
in mid-April this year. It is my policy that
Iarnród Éireann should remain in the rail freight
business. I am aware that it has made great strides
in restructuring this element of its operations. To
help to achieve the goal of returning the freight
business to profitability, Iarnród Éireann withdrew
from loss-making single container movements
on common user liner trains between
Dublin and provincial railheads on 29 July last
year. This business continued to lose substantial
moneys despite significant rationalisation of the
cost base and increases in rates. Iarnród Éireann
remains keen to provide economically viable container
transport by rail on the basis of full trainloads,
point-to-point. Iarnród Éireann continues
to pursue a policy of growing its rail freight business
where opportunities present.
Driving Tests.
885. Ms O. Mitchell asked the Minister for
Transport the figures on the number of drivers
with provisional licences; the number of drivers
awaiting a driving test nationally; and the waiting
times for a driving test at each test centre
nationally. [2235/06]
Minister for Transport (Mr. Cullen): Provisional
driving licences issued by licensing authorities
are recorded on the national driver file,
held and administered by the Department of
Environment, Heritage and Local Government,
which has advised that 404,607 provisional
licences were current at 31 December 2005. Information
on numbers awaiting driving tests and
waiting times is set out in the following table:
Applications on Hand Average No. of Longest No. of
Weeks Waiting Weeks Waiting
North Leinster
Finglas 11,285 36 50
Dundalk 3,598 36 46
Mullingar 1,876 33 45
Navan 5,042 38 56
Raheny 7,738 46 58
South Leinster
Churchtown/Rathgar 11,904 24 54
Gorey 2,471 47 56
Naas 6,157 20 53
Tullamore 2,012 36 53
Wicklow 2,872 50 52
Tallaght 10,010 21 57
West
Athlone 1,109 26 26
Birr 1,343 36 40
Castlebar 1,964 29 38
Clifden 367 23 23
Ennis 1,481 32 34
Galway 3,724 37 47
Loughrea 1,112 31 31
Roscommon 1,065 30 34
Tuam 1,195 36 38
North-West
Ballina 1,061 28 38
Buncrana 638 34 37
Carrick-on-Shannon 927 29 29
Cavan 1,685 30 38
Donegal 1,118 42 44
Letterkenny 2,278 24 51
Longford 867 28 35
Monaghan 1,145 34 35

621 Questions— 25 January 2006. Written Answers 622
Applications on Hand Average No. of Longest No. of
Weeks Waiting Weeks Waiting
Sligo 1,842 42 42
South-East
Carlow 2,489 27 47
Clonmel 2,021 47 51
Dungarvan 1,464 45 52
Kilkenny 1,695 25 32
Nenagh 742 40 41
Portlaoise 1,878 17 63
Thurles 1,123 44 45
Tipperary 1,100 28 58
Waterford 2,720 33 39
Wexford 2,246 29 38
South-West
Cork 7,384 29 38
Killarney 1,909 39 42
Kilrush 497 27 38
Limerick 4,574 46 50
Mallow 2,242 42 43
Newcastle West 1,706 34 41
Shannon 1,029 45 51
Skibbereen 1,899 42 44
Tralee 1,423 28 32
Overall Total 130,027 33.9 43.4
Departmental Strategy Statements.
886. Mr. Kenny asked the Minister for Transport
if his Department has produced an annual
corporate procurement plan in respect of each of
the years between 2000 and 2005; and if he will
make a statement on the matter. [2244/06]
Minister for Transport (Mr. Cullen): The
requirement to produce an annual corporate procurement
plan comes from the national public
procurement policy framework, which was issued
by the Department of Finance in May 2005. In
response to the policy document, the Department
has undertaken steps to produce a corporate procurement
plan in 2006.
Departmental Bodies.
887. Ms Shortall asked the Minister for Transport
the bodies under the aegis of his Department
which have not provided him with a 2004 annual
report; and in the case of each body from whom
he has received such a report if same has been
laid before the Houses of the Oireachtas.
[2283/06]
Minister for Transport (Mr. Cullen): Most of
the bodies under the aegis of the Department of
Transport have submitted their annual reports for
2004. The reports have been laid before the
Houses of the Oireachtas if there is a legislative
requirement to do so. The exceptions are the
National Safety Council and the Dublin Transportation
Office.
Drug Testing.
888. Ms Shortall asked the Minister for Transport
further to information provided at the Joint
Committee on Transport on 2 November 2005,
the number of positive tests for drugs conducted
by the MBRS on samples found to be below the
legal limit for alcohol in 2004 and 2005; the
number of drugs tests conducted in both of these
years; and the total that were confirmed positive
by the State laboratory in both of these years.
[2294/06]
889. Ms Shortall asked the Minister for Transport
the number of blood, urine and breath tests
received by the MBRS in 2004 and 2005 with a
breakdown for each category and each year; the
number of tests in each year that were found to
be above the legal limit for alcohol; and if he will
make a statement on the matter. [2295/06]
Minister for Transport (Mr. Cullen): I propose
to take Questions Nos. 888 and 889 together.
I have not directed a date under Article 18(1)
of the Medical Bureau of Road Safety Establishment
Order 1968 by which the medical bureau is
required to submit its annual report. The bureau
submits its annual report and accounts to the
Department on the completion of the audit of the
accounts by the Office of the Comptroller and

623 Questions— 25 January 2006. Written Answers 624
[Mr. Cullen.]
Auditor General, and after the translation of the
report into Irish under section 10 of the Official
Languages Act 2003. The bureau submitted the
2004 annual report and audited accounts to the
Department in November 2005 and the report
was laid before the Houses of the Oireachtas in
December 2005. It is a matter for the bureau to
publish the report. I understand, in this context,
that the report is being printed at present, and
will be published in the coming weeks. Work is
commencing in the bureau on the preparation of
the 2005 annual report and accounts.
Data relating to the results of the tests carried
out by the Medical Bureau of Road Safety in
respect of the establishment of the presence of
drugs and/or alcohol in samples presented to it by
the Garda are set out in the bureau’s annual
reports. Data relating to 2005 is not yet available.
However, in 2004, 569 specimens were tested for
the presence of a drugs or drugs. This figure
includes all the specimens received which were
under the legal limit for alcohol and 32 specimens
where the alcohol level was over the legal limit
and drug analysis was requested by the Garda.
There were also four specimens where subsequent
drug analysis was requested by the Garda
in respect of persons who had been required to
submit to evidential breath tests.
The 2004 report does not give details of the
number of positive tests for drugs on samples
found to be below the legal limit for alcohol.
However, 354 specimens tested positive and 247
specimens were confirmed positive. In 2004, a
total of 12,161 blood, urine and breath specimens
were analysed for alcohol concentration. Some
4,103 blood and urine specimens were received
for analysis in 2004 and 8,058 breath specimens
were taken at Garda stations. Some 84.6% of
blood and urine samples analysed were found to
be over the legal limit for alcohol and 80.1% of
breath specimens were over the legal limit.
Traffic Management.
890. Ms Shortall asked the Minister for Transport
the regulations, including SI references,
made under section 82 of the Road Traffic Act
1961. [2296/06]
Minister for Transport (Mr. Cullen): A large
number of regulations have been made under
section 82 of the Road Traffic Act 1961, as
amended. A number of them have been repealed.
The regulations made under section 82 which
remain in force, in part or in full, are as follows:
Road Traffic (Public Service Vehicles) Regulations,
1963, (S.I. No. 191 of 1963); Road Traffic
(Public Service Vehicles) Regulations, 1964, (S.I.
No. 106 of 1964); Road Traffic (Public Service
Vehicles (Amendment) Regulations, 1968, (S.I.
No. 273 of 1968); Road Traffic (Public Service
Vehicles) (Amendment) (No. 2) Regulations,
1970, (S.I. No. 200 of 1970); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1973, (S.I. No. 225 of 1973); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1974, (S.I. No. 296 of 1974); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1976, (S.I. No. 24 of 1976); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1977, (S.I. No. 111 of 1977); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1978, (S.I. No. 15 of 1978); Road Traffic (Public
Service Vehicles) (Licensing) Regulations, 1978,
(S.I. No. 292 of 1978); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1983, (S.I. No. 273 of 1983); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1987, (S.I. No. 139 of 1987); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1995, (S.I. No. 136 of 1995); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1997, (S.I. No. 193 of 1997); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
1998, (S.I. No. 47 of 1998); Road Traffic (Public
Service Vehicles) (Amendment) (No.2) Regulations,1995,
(S.I. No. 295 of 1998); Road Traffic
(Public Service Vehicles) (Amendment) (No.2)
Regulations, 1999, (S.I. No. 316 of 1999); Road
Traffic (Public Service Vehicles) (Amendment)
(No.3) Regulations, 1999, (S.I. No. 445 of 1999);
Road Traffic (Public Service Vehicles)
(Amendment) (No.2) Regulations, 2000, (S.I. No.
255 of 2000); Road Traffic (Public Service
Vehicles) (Amendment) (No.3) Regulations,
2000, (S.I. No. 367 of 2000); Road Traffic (Public
Service Vehicles) (Amendment) Regulations,
2001, (S.I. No. 38 of 2001); Road Traffic (Public
Service Vehicles) (Amendment) (No.2) Regulations,
2001, (S.I. No. 534 of 2001); Road Traffic
(Public Service Vehicles) (Amendment) Regulations,
2002, (S.I. No. 411 of 2002); and Road
Traffic (Public Service Vehicles) (Amendment)
Regulations 2004, (S.I. No. 157 of 2004).
National Car Test.
891. Ms Shortall asked the Minister for Transport
the national car test first-time pass rate and
retest pass rate by vehicle make and model for
each year for which figures are available; and if
he will make a statement on the matter.
[2297/06]
Minister for Transport (Mr. Cullen): Data on
test results is not compiled by the Department of
Transport. Statistics relating to test activity at
each national car test centre for 2002, 2003 and
2004 is contained in the Irish Bulletin of Vehicle
and Driver Statistics, which is published annually
by the Department of the Environment, Heritage
and Local Government. The data relates to
vehicles generally but not by make or model and
includes the number of vehicles which passed at
initial test, the number which failed at initial test
and the number which passed following re-tests.
The 2004 bulletin is the latest available bulletin.

625 Questions— 25 January 2006. Written Answers 626
Commencement Orders.
892. Ms Shortall asked the Minister for Transport
the Acts or sections or other provisions of
Acts coming wholly or partly under the auspices
of his Department, or for the commencement of
which his Department is wholly or partly responsible,
which are not in force and which require
the future making of a commencement order; if,
in each case, it is intended to make such an order;
if so, when; the reason for the failure to make
such an order to date; and if he will make a statement
on the matter. [2298/06]
Minister for Transport (Mr. Cullen): The information
sought by the Deputy is outlined in the
following table:

627 Questions— 25 January 2006. Written Answers 628
Section of Act not yet in force Provisions of section What is the current position?
Taxi Regulation Act 2003 — section 35. Section 35 provides that any decision made to refuse to Commencement of this section will require some prior consultation with and
grant, suspend or revoke a licence can be reviewed at briefing of the licensing authorities, local authorities and an Garda
the request of the applicant or licence holder and that Síochána, as well as consultations involving the Commission for Taxi
where the decision is upheld; an appeal can be made Regulation and the Courts Service, to ensure that the appropriate
to the District Court. It provides for a revised appeals arrangements for implementation are in place before it is commenced.
procedure to that contained in existing regulations.
Taxi Regulation Act 2003 — section 36, as Section 36 introduces a system of automatic Commencement of this section requires further consultation with and briefing
amended by section 36 of the Road Traffic disqualification from applying for or holding a licence of licensing authorities, an Garda Síochána, the Courts Service, the
Act 2004 (No. 44 of 2004). for those who have been convicted of one of a range Commission for Taxi regulation and others, to ensure that the appropriate
of very serious offences. The section includes arrangements for implementation are in place. Specific legal advice on a
provisions through which a person who is affected by number of issues surrounding the practical application of the section has
this provision can request the courts to allow them to been sought from the Office of the Attorney General. It will be necessary
apply for a licence in certain restricted circumstances. to give an appropriate period of advance notice of the proposed
In addition, where a person has committed one of a commencement of this section to allow persons who may be affected by the
number of serious traffic offences he or she will be provisions, in particular existing licence holders, to clarify their position
disqualified from holding a licence to drive a small with the courts. Commencement of the section will be considered in
public service vehicle for a period additional to any consultation with the Commission for Taxi Regulation, when the legal and
driving disqualification that is applied. Some administrative issues have been resolved.
amendments were made to section 36 in section 36 of
the Road Traffic Act 2004.
Taxi Regulation Act 2003 — section 44(5). This subsection specifies the penalties to be applied on This subsection will not be commenced pending the commencement of
Conviction for an offence under section 36(6) of the section 36 of the Taxi Regulation Act 2003.
Act.
Road Transport Act 1999 — section 16. This subsection provides for an “on-the-spot” fine in lieu A commencement order has not been made in respect of Section 16 of the
of prosecution for offences under the Road Transport Road Transport Act 1999. This section provides for a payment in lieu of
Acts and EU regulations on drivers’ hours and rest prosecution system for offences under the Road Transport Acts and
periods. regulations on drivers’ hours and rest periods. It was intended to use
Section 16 as the basis for a fixed penalty charge system for such offences.
However, the Office of the Attorney General has advised that a new
provision in primary legislation is necessary for the type of fixed penalty
system envisaged. As a result, there are no plans to commence Section 16
of the Road Transport Act 1999.
Road Transport Act 1999 — section 23. When the Road Transport Act, 1999 was commenced by A commencement Order is required to give effect to the remaining provisions
S.I. 264 of 1999, Section 24 provided for the exclusion of Section 23 (Repeals) of the road Transport Act 1999, concerning
of Sections 4 to 8, 11, 16 and 23 as certain procedures technical drafting issues consequent on forthcoming consolidation of
had to be put in place. Since September, Sections 4 to legislation.
8, 11 and certain provisions in the schedule of repeals
(Section 23) were commenced.

629 Questions— 25 January 2006. Written Answers 630
Section of Act not yet in force Provisions of section What is the current position?
Aer Lingus Act 2004 — sections 3,4 and 5 Provisions for the legal framework to facilitate third Provisions, which provide the legal framework to facilitate third party
making provisions to facilitate third party party investment in the company and other provisions investment, will be commenced immediately prior to an investment
investment, section 6 relating to Board relating to ESOT Board representation and new transaction. Provisions relating to ESOT Board representation and new
representation and section 9 relating to new pension schemes. pension schemes will be commenced as required.
pension schemes.
Road Traffic Act 2004 — Part 5. Provisions were included to deal with the possibility that This situation has not arisen and therefore Part 5 has not been commenced.
the current unlimited liability for third party motor
insurance cover could prove to be unsustainable in the
market.
Road Traffic Act 1961 — section 93 as amended These provisions relate to the protection of bridges from These provisions are being examined in the context of the review of the
by section 61 of the Road Traffic Act 1968. excessive burdens. Traffic Signs Manual (1996) that is being undertaken at present. A decision
regarding the commencement of this section will be taken when that review
is completed.
Road Traffic Act 2002 — section 9, as amended Provisions relating to disqualification pursuant to the These provisions will be commenced when reciprocal measures at national
by section 25 of the Road Traffic Act 2004 European Convention on Driving Disqualification . and international level are in place.
(and associated Second Schedule to 2002
Act).
Section 12 (1),(3) & (4) of the Road Traffic Act These provisions relate to the application and These provisions, except insofar as already commenced, will be progressively
2002, as amended by section 23 of the Road enforcement of the fixed charge system and the commenced as the operation and enforcement of the fixed charge system is
Traffic Act 2004, together with the related application of penalty points system to certain road extended to the specified offences. This will occur once the Garda Siochana
Parts 1,2,3,4 and 5 of the First Schedule traffic offences. information technology processing system and related administrative
Penalty Points of the Road Traffic Act, 2002. supports are in place.
Sections 13 and 14 of the Roads Traffic Act These are broad enabling provisions. There are no proposals to commence these sections at this time.
2002.
Road Traffic Act 2002 — section 16 This section provides for the replacement of section 85 of It is proposed that consideration will be given to the transfer of functions
the Principal Act and introduces a new statutory required under section 16 of the Road Traffic Act 2002 to local authorities
framework for determining the location and use of bus in 2006.
stops. The principal change is to transfer from the
Garda Commissioner to road authorities of decisionmaking
in this matter.
Road Traffic Act 2002 — section 17. Section 17 provides for increased penalties for motor Commencement of Section 17 was deferred largely because of the
insurance offences compared with the penalties preparatory work being put into the development of Part 5 of the Road
provided for in earlier Road Traffic legislation. Traffic Act 2004. Part 5 consolidates the original section 56 of the Road
Traffic Act 1961 (and also increases the penalties for motor insurance
offences) while also providing a framework to deal with the issue of a
ceiling on motor insurance cover, if/when such is required. The question of
a ceiling on liability is likely to arise when it is no longer possible for
insurance companies to re-insure for their present unlimited exposure. The
insurance industry has informed this Department that this situation will
arise over the next year or so as re-insurance companies refuse to provide
reinsurance cover for unlimited liabilities. Therefore Part 5 of the 2004 Act
will not be commenced until the requirement for a limit on motor
insurance is proven.

631 Questions— 25 January 2006. Written Answers 632
[Mr. Cullen.]
Section of Act not yet in force Provisions of section What is the current position?
Railway Safety Act 2005 — section 38 Safety Management Systems and Safety Cases of railway It is expected that this section will come into operation on 1st March, 2006.
undertakings
Railway Safety Act 2005 — section 81 Establishment of the Railway Safety Advisory Council. It is expected that this section will come into operation on 1st April, 2006.
Nominations for Council members are currently being sought by the
Department.
Railway Safety Act 2005 — section 84 Relates to intoxicants and persons working on railway It is expected that this section will come into operation on 1st March, 2006.
infrastructure.
Railway Safety Act 2005 — section 92 Offences by persons working on railway infrastructure. It is expected that this section will come into operation on 1st March, 2006.
Railway Safety Act 2005 — section 130 Borrowings by CIE for Capital purposes. Section 130 of the Act requires EU approval in relation to the proposed
increase in the State Guarantee which is required for the proposed increase
in the CIE borrowings limit. No date for a commencement order is
available as yet.
Sea Pollution (Hazardous Substances) Gives effect in Irish law to the International Convention The Convention has not yet entered into force internationally as not
(Compensation) Act 2005, No. 9 of 2005 on Liability and Compensation for Damage in sufficient States are in a position to become Parties thereto. It is intended
Enacted May 2005 connection with the carriage of Hazardous and that the Commencement date for the Act should, if possible, coincide with
Noxious Substances by Sea, 1996. international entry into force — this is not yet known. Section 28 of the
Act amends the Merchant Shipping (Liability of Shipowners and Others)
Act 1996 to give effect to the Protocol of 1996 to amend the Convention on
Limitation of Liability for Maritime Claims 1976. Consideration is being
given to commence this provision separately in advance of the remaining
sections of the Act.
Adventure Activities Standards Authority Act, The establishment of an Adventure Activities Standards Not known.
2001 Authority is being reviewed in the light of the
Minister’s decision that the safety services provided by
the Department, in particular the Irish Coast Guard
and Maritime Safety Directorate, be brought together
in a single agency responsible for all elements of
marine safety and emergency response services, to
ensure there is no duplication of responsibilities and
that the most effective and efficient structures are put
in place.

633 Questions— 25 January 2006. Written Answers 634
Road Safety.
893. Ms Shortall asked the Minister for Transport
the membership of the high level group on
road safety; the number of meetings of this group
held in the past three years; the way in which the
activity of the group is accounted for; the way in
which members are selected or appointed; the
funding provided to this group in 2005 and to
date in 2006; and if he will make a statement on
the matter. [2299/06]
Minister for Transport (Mr. Cullen): The high
level group on road safety, which is chaired by
the Department of Transport, comprises representatives
of the Departments of Justice,
Equality and Law Reform, Environment, Heritage
and Local Government and Health and Children,
the Garda, the National Roads Authority,
the National Safety Council, the Medical Bureau
of Road Safety, the County and City Managers
Association and the Irish Insurance Federation.
Representation is chosen from all the Departments
and agencies which provide input into road
safety policy generally, as the group is mandated
with responsibility for the development of the
road safety strategy and monitoring its delivery.
The group, which has met 11 times in the last
three years, does not receive funding. However,
each agency and Department represented on the
group which is responsible for implementing
specific measures in the strategy, receives funding
from within the relevant Vote to allow them to
carry out the functions which come within their
remit.
EU Directives.
894. Ms Shortall asked the Minister for Transport
the position in respect of the proposed Eurovignette
directive; and if he will make a statement
on the matter. [2301/06]
Minister for Transport (Mr. Cullen): The EU
Commission’s proposal for a directive of the
European Parliament and of the Council amending
Directive 1999/62/EC on the charging of
heavy goods vehicles for the use of certain infrastructures,
more commonly known as the Eurovignette
directive, has been under consideration
by the Transport, Telecommunications and
Energy Council and by the European Parliament
since its publication in July 2003. It was agreed
by the European Parliament on 15 December on
the basis of a compromise text put forward by
the Transport, Telecommunications and Energy
Council in response to the European Parliament’s
amendment proposals. Ireland’s negotiating position
was discussed in some detail at the meeting
of the Joint Committee on Transport held on
Wednesday, 20 October 2004. As outlined at that
meeting, our focus in the negotiations was to
ensure that the proposed directive achieved an
acceptable balance between ensuring that the
approach to toll calculation did not increase
transport costs in accessing European markets by
road, and the need to maintain flexibility to
design tolling schemes that would continue to
attract private sector financing for the roads programme
through toll based PPPs. I consider that
the amending directive, as now agreed, to which
we contributed considerable effort during our
Presidency in 2004, provides a good framework
for HGV charging which acknowledges the
special circumstances of toll based PPPs.
Driving Tests.
895. Mr. Wall asked the Minister for Transport
the reason a person with a full US driving licence
for 13 years and without endorsements is only
allowed to drive in Ireland if the person applies
for a provisional licence here and seeks a driving
test; and if he will make a statement on the
matter. [2333/06]
Minister for Transport (Mr. Cullen): Irish driving
licence regulations are required to operate
within the framework of a harmonized EU
system, the requirements of which differ in significant
respects from those of individual states
within the United States of America. Accordingly,
a bilateral agreement with the United
States of America for the mutual exchange of
driving licences is not envisaged at present.
Rail Network.
896. Mr. Stagg asked the Minister for Transport
the amount of funding provided in 2006 to commence
the Kildare route project. [2405/06]
Minister for Transport (Mr. Cullen): Transport
21 includes a financial provision to cover the
anticipated capital cost of the Kildare route project.
The railway order process for the project is
under way. I understand that the public inquiry
commenced this week. The amount of construction
work that can take place in 2006 on this project,
and consequently the funding required for
the year, will be influenced by the timing and nature
of the decision on the railway order application.
A total capital provision of \491.5 million
is available to the Department of Transport in
2006 for public transport projects. Iarnrod
Éireann will be given the amount of capital funding
it requires in the course of the year to progress
the Kildare route project.
Rail Services.
897. Mr. Stagg asked the Minister for Transport
further to Parliamentary Question No. 232 of 15
December 2005 if Iarnród Éireann has been
requested to outsource the work whereby the
completion date of the resignalling work will be
brought forward. [2406/06]
Minister for Transport (Mr. Cullen): The
resignalling project for the city centre, to increase

635 Questions— 25 January 2006. Written Answers 636
[Mr. Cullen.]
train paths from 12 to 16 per hour through
Connolly Station, is a key element of the Transport
21 programme for rail. Iarnród Éireann is
currently assembling a design team and it is
anticipated that work will commence in the latter
part of 2006.
I have not requested Iarnród Éireann to outsource
the work. However, I understand from the
company that while the work involved will be
carried out primarily by in-house staff, the company
intends to tender for additional resources as
necessary in a support capacity.
Public Transport.
898. Mr. Stagg asked the Minister for Transport
if he has received the Dublin Bus review of its
network; and if he will sanction the purchase of
additional buses as promised under Transport
21. [2422/06]
Minister for Transport (Mr. Cullen): I understand
that Dublin Bus is finalising the review of
its bus network and I expect to receive the completed
report shortly. The company has just submitted
an application for funding for additional
fleet requirements, which has due regard to the
emerging findings of the network review. I will
make a decision when the assessment has been
completed.
Park and Ride Facilities.
899. Mr. Stagg asked the Minister for Transport
the amount of funding available in 2006 for park
and ride facilities in County Kildare; and the
details of proposals he has received. [2427/06]
Minister for Transport (Mr. Cullen): Under
Transport 21, \5 million in capital funding has
been allocated in 2006 for the development of
park and ride facilities in the greater Dublin area.
Allocation of funding to specific projects is
dependent on the submission of proposals supported
by a capital appraisal, which will be
assessed on their merits. There is no predetermined
county-by-county breakdown of this allocation.
I am awaiting project proposals.
Park and ride facilities have a crucial role to
play in attracting more people out of private cars
and onto public transport. For this reason, my
Department last year approved the Dublin Transportation
Office’s strategy for rail-based park and
ride facilities in the greater Dubllin area, and provision
of park and ride facilities is an integral part
of Transport 21.
Air Services.
900. Mr. Stanton asked the Minister for Transport
the measures in place to ensure that people
with disabilities are not prevented from travelling
as passengers on commercial airlines to and from
the State; the restriction that he is aware of in this
regard; if he has had discussions with airlines and
other interested bodies on this issue; and if he will
make a statement on the matter. [2454/06]
Minister for Transport (Mr. Cullen): Currently
in Europe there are criteria laid down by the joint
aviation authorities, JAA, for the carriage of persons
with reduced mobility, PRMs, by airline
operators. Those criteria mean that airlines must:
establish procedure for the carriage of PRMs, follow
the guidelines on the locations of PRM, and
ensure that the aircraft commander is notified of
PRMs on board.
In designing their procedures for dealing with
PRMs airline operators take into account emergency
and evacuation situations and particular
conditions applicable to their flight operations
including different types of aircraft, equipment on
board and crewing levels.
Each airline’s procedures for the carriage of
PRMs form part of their operating manual, and
is approved by the Irish Aviation Authority,
IAA, as part of the IAA’s safety regulation of the
airline. Airlines can therefore carry PRMs up to
the limit allowed under their procedures.
Under a new European regulation, expected to
be approved by Council in March 2006, and
which was strongly supported by Ireland, new
rights will be put in place to ensure that PRMs
are given assistance at airports and while
embarking and disembarking aircraft. This legislation
will ensure that PRMs can only be refused
carriage on aircraft in order to meet applicable
safety requirements established by international,
Community or national law, in order to meet
safety requirements established by the authority
that issued the air operator’s certificate to the air
carrier concerned, or if the size of the aircraft or
its doors makes the embarkation or carriage of
that disabled person or person with reduced
mobility physically impossible.
These rights in the regulation will come into
force in early 2007, while other parts of the regulation
will come into force one year later. The
proposed regulation envisages that each national
aviation authority can establish common rules for
aircraft on its register regarding the number and
manner of carriage of PRMs on different aircraft.
My Department has already written to the IAA
about this new regulation, to ensure that Ireland
and the IAA will be in a position to comply fully
with its requirements from the beginning of 2007
onwards. The proposed new regulation also provides
for a national enforcement body to be put
in place in each member state. When the regulation
is formally adopted and becomes law, I will
finalise my consideration of which body should
be designated, and designate that body in due
course.
Under the Disability Act 2005, I, along with
five other Ministers, am obliged to prepare and
publish a sectoral plan on matters specified in the
Act. The sectoral plan must be laid before the

637 Questions— 25 January 2006. Written Answers 638
Houses of the Oireachtas by 28 July 2006. My
Department held a seminar and workshops on
accessible transport in Dublin Castle on 13
January 2006, to launch a discussion paper on the
sectoral plan, and comments received will be
taken into account when finalising the plan for
presentation to the Oireachtas.
Transport Plans.
901. Mr. Curran asked the Minister for Transport
the plans submitted by Dublin Bus to his
Department regarding the quality bus corridor on
the Nangor Road, Clondalkin; when this plan will
be approved; and if additional funding will be
provided to Dublin Bus to acquire additional
buses to provide a service on this quality bus corridor
for the people of Clondalkin. [2474/06]
Minister for Transport (Mr. Cullen): I understand
that Dublin Bus is currently finalising the
review of its bus network and I expect to receive
the completed report shortly. The company has
just submitted an application for funding for
additional fleet requirements, which has due
regard to the emerging findings of the network
review. I will make a decision when the assessment
has been completed. While the document
includes proposed improvements for the
Clondalkin area, the deployment of its fleet is a
day to day matter for Dublin Bus.
I understand that the south Clondalkin QBC is
almost completed. Upon resolution of some outstanding
issues by the contractor, South Dublin
County Council will be in a position to issue the
remaining certificates of completion and take
possession of the entire site. It is hoped that the
corridor will be operational in the near future.
Freedom of Information.
902. Ms Burton asked the Minister for Transport
the public bodies and agencies within his
Department exempted from the full remit of the
Freedom of Information legislation; and if he will
make a statement on the matter. [2739/06]
Minister for Transport (Mr. Cullen): The
bodies and agencies under the aegis of my
Department are listed as bodies under the First
Schedule of the Freedom of Information Acts; no
exemptions from the full remit of the Freedom of
Information Acts have been provided.
Community Services Programme.
903. Mr. Boyle asked the Minister for Community,
Rural and Gaeltacht Affairs the regulations
that apply to social economy scheme
workers where their work responsibilities are outsourced;
and if such workers have the right to bid
for the provision of such services. [1176/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): Contracts with community
services programme, social economy, projects
relate to the provision of specific services.
There are no statutory regulations covering the
programme in relation to the specific matter
raised and I am not aware of any project where
the outsourcing of work responsibilities is an
issue. If the Deputy has details of any such project
I will be happy to have the matter investigated
by my Department.
Security of the Elderly.
904. Mr. G. Mitchell asked the Minister for
Community, Rural and Gaeltacht Affairs if three
more closing dates will be created per annum for
submissions of applications for security grants for
the elderly in view of the circumstances (details
supplied). [1200/06]
Minister of State at the Department of Community,
Rural and Gaeltacht Affairs (Mr. N.
Ahern): The matter raised by the Deputy in
regard to the operation of the scheme of community
supports for older people will be borne in
mind when the details of the scheme for 2006 are
being finalised.
Grant Payments.
905. Mr. Walsh asked the Minister for Community,
Rural and Gaeltacht Affairs if approval
will be given for a farm electrification grant to a
person (details supplied) in County Cork.
[1751/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): Grant approval for the
above application was advised to the ESB by my
Department on 16 January 2006. I understand the
ESB is in contact with the applicant with a view
to arranging installation of the supply.
Youth Services.
906. Cecilia Keaveney asked the Minister for
Community, Rural and Gaeltacht Affairs his
views on whether due to the increased capital
development in community facilities there is a
need for a strategic approach to delivering personnel
on the ground to engage young people in
activities; and if he will make a statement on the
matter. [2376/06]
Minister of State at the Department of Community,
Rural and Gaeltacht Affairs (Mr. N.
Ahern): My Department has responsibility for a
range of community-based schemes, including the
young people’s facilities and services fund.
Through the young peoples facilities and services
fund allocations are made towards the construction
and running costs of community facilities
which are specifically aimed at attracting “at risk”
young people in disadvantaged areas into activities
that will divert them from the dangers of substance
abuse. In this context we fund the employ-

639 Questions— 25 January 2006. Written Answers 640
[Mr. N. Ahern.]
ment of dedicated youth workers to deliver
activities in these centres. In all, approximately
450 facility and services projects are being supported
and the total allocation under the Fund to
date is approximately \97 million.
In broader terms, I understand that, under the
Youth Work Act 2001, the Department of Education
and Science, in conjunction with the VECs,
plans to develop youth work plans in each of the
VEC areas. In addition, funding for community
facilities is made available through the Department
of the Environment, Heritage and Local
Government and through the sports capital
grants of the Department of Arts, Sports and
Tourism.
Security of the Elderly.
907. Mr. Hayes asked the Minister for Community,
Rural and Gaeltacht Affairs if funding
will be provided for Cahir community alert, for
the provision of panic buttons and security aids
for elderly persons in the area. [40287/05]
Minister of State at the Department of Community,
Rural and Gaeltacht Affairs (Mr. N.
Ahern): A grant of \5,670 was paid to the group
in question in respect of its application for the
provision of security equipment including
socially-monitored personal alarms under the
2005 scheme of community supports for older
people.
National Drugs Strategy.
908. Mr. G. Mitchell asked the Minister for
Community, Rural and Gaeltacht Affairs if the
current round of emerging needs fund as per the
criteria agreed in early 2005 will be implemented;
if a realistic budget will continue to be made
available for the delivery of related services; if
he will ensure that the NDS and LDTFs will reembark
on a clear strategic planning process; and
if he will make a statement on the matter.
[40327/05]
909. Ms O. Mitchell asked the Minister for
Community, Rural and Gaeltacht Affairs if, in
view of the concern expressed by those involved
in the implementation of the national drugs
strategy, he plans to increase the emerging needs
funds and to provide a clear mandate, matched
by resources, to persons implementing the
strategy to embark on strategic planning which
would allow an integrated and co-ordinated
response to the drugs crisis. [1044/06]
Minister of State at the Department of Community,
Rural and Gaeltacht Affairs (Mr. N.
Ahern): I propose to take Questions Nos. 908 and
909 together.
As I outlined in my reply to Question No. 247
on 14 December 2005, the emerging needs fund
was devised to address an evolving situation in
regard to the misuse of drugs on a flexible basis
and in a timely manner. To date I have allocated
almost \850,000 under the fund to 14 projects. I
hope to be in a position to make further allocations
in the near future, following full consideration
by me of the final budgetary allocations for
2006. I look forward to successful outcomes from
the initiatives that will be allocated monies under
this fund.
With regard to the question of the local drugs
task forces, LDTFs, embarking on a further process
of strategic planning, they are, for the most
part, implementing their second round of action
plans, with full implementation of some of the
plans being achieved in the last year. Before considering
the development of further strategies, it
is my intention to have interim projects funded
under this second round evaluated with a view to
making decisions on the mainstreaming of projects
where appropriate. I am arranging for this
process to be initiated.
Dormant Accounts Fund.
910. Mr. Noonan asked the Minister for Community,
Rural and Gaeltacht Affairs the way in
which the money allocated for housing for the
disabled from dormant accounts will be allocated;
if local authorities and voluntary organisations
may apply for these funds; if disabled persons in
need of housing may apply directly for funds; and
if he will make a statement on the matter.
[1085/06]
Minister of State at the Department of Community,
Rural and Gaeltacht Affairs (Mr. N.
Ahern): Disbursements from the dormant
accounts fund are designed to assist three broad
categories of persons; those who are socially or
economically disadvantaged, those who are educationally
disadvantaged and persons with a
disability.
The Dormant Accounts (Amendment) Act
2005 provided for significant changes in relation
to the disbursement of funds from dormant
accounts. Under this new legislation, the Minister
is required to consult with appropriate Ministers
for the purpose of developing a proposal for submission
to Government for approval. This proposal
will include the programmes and types of
projects in relation to which applications for disbursements
will be invited, as well as the criteria
to be applied in assessing applications made in
response to the invitation.
After consulting with the appropriate Ministers
and having obtained the approval of Government,
I announced details on 4 January 2006 concerning
the allocation of \24 million in 2006 for
the purpose of supporting programmes and types
of projects tackling social and economic disadvantage.
Details of the announcement are available
on the website of my Department at
www.pobail.ie.

641 Questions— 25 January 2006. Written Answers 642
With regard to the other two categories,educational
disadvantage and persons with a disability,
the consultation process required under
the legislation is not yet completed. It is anticipated
that further announcements will be made
shortly in relation to proposals under these headings
when work ongoing in both the Departments
of Education and Science and Health and Children
is completed and specific measures are submitted
to Government for consideration.
Ministerial Appointments.
911. Mr. Boyle asked the Minister for Community,
Rural and Gaeltacht Affairs the number
of public appointments made by his Department
since 2002. [1168/06]
912. Mr. Boyle asked the Minister for Community,
Rural and Gaeltacht Affairs the number
of public appointments currently vacant and yet
to be made by his Department. [1169/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): I propose to take Questions
Nos. 911 and 912 together.
The position is as follows. A new board of
seven members was appointed to the Western
Development Commission, WDC, in 2002. In
2003, one replacement appointment was made to
this board. A new board of five members was
appointed in 2004. There are currently no vacancies
on the WDC board.
Three appointments were made to the board of
Údarás na Gaeltachta in 2005. Three appointments
were made to the board of Arramara Teoranta
in 2003. There are no vacancies at present
on either board.
Appointments to the board of the Foras
Teanga are made jointly by myself and the appropriate
Northern Ireland Minister acting as the
North South Ministerial Council. The Foras
Teanga comprises of two agencies: the Ulster
Scots Agency and Foras na Gaeilge. Each has a
separate board, which together constitutes the
board of the North South Language Body, an
Foras Teanga. There are 14 members on the
board of Foras na Gaeilge, who were appointed
in 2002. Two other board members appointed in
2002 resigned, leaving two vacancies at present.
The question of making appointments to fill the
two existing vacancies will be considered in due
course in the North-South context.
The board of the Ulster Scots Agency, eight
members, was appointed in 2002. There are no
vacancies at present.
Twelve members of Bord na Leabhair Gaeilge
were appointed in 2005. There are currently no
vacancies on this board.
The 12 members of an Coimisiún Logainmneacha
were appointed in 2003. There are no vacancies
at present.
One appointment was made to the Dormant
Accounts Fund Disbursements Board in 2003 to
fill a vacancy. In 2005, four reappointments were
made to the board in respect of members whose
terms of office had expired. The Dormant
Accounts (Amendment) Act provided for the dissolution
of the Dormant Accounts Fund Disbursements
Board and for the establishment of a
reconstituted board, Dormant Accounts Board. I
established this board on 4 January 2006, and
appointed a chairperson and 11 members. There
are no vacancies on this board.
For the sake of completeness, two appointments
have been made by Government, in
accordance with the Charities Act 1961 to the
board of the Commissioners of Charitable
Donations and Bequests for Ireland since 2002.
There is a one vacancy on the board.
An additional five members nominated by
Government were appointed to the board of
Area Development Management Limited, ADM,
in 2004 under the company’s memorandum and
articles of association at the time. In 2005, following
changes to the articles and memorandum of
association, which included a change of name to
Pobal, the Government appointed seven
members to the board. There are no vacancies on
the board of Pobal.
Dormant Accounts Fund.
913. Mr. O’Shea asked the Minister for Community,
Rural and Gaeltacht Affairs his proposals
to fund voluntary organisations providing frontline
services for the Irish community living in
Britain who are in very poor marginalised circumstances
from the dormant accounts fund; and if he
will make a statement on the matter. [1281/06]
Minister of State at the Department of Community,
Rural and Gaeltacht Affairs (Mr. N.
Ahern): Disbursements from the dormant
accounts fund are designed to assist three broad
categories of persons; those who are socially or
economically disadvantaged, those who are educationally
disadvantaged and persons with a
disability.
While it is my intention that the focus of dormant
accounts funding should be directed
towards tackling disadvantage in Ireland, the
Government is committed to providing supports
for vulnerable Irish communities living abroad.
This commitment is clearly demonstrated by the
allocation of significant funding from the
Exchequer through the Department of Foreign
Affairs. In this regard, over \8.25 million was
allocated for emigrant services in 2005. Most of
this allocation, more than \7 million, was distributed
in grants to groups in Britain providing
services to the Irish community living there. In
2006, funding for emigrant services will exceed
\12 million and it can be anticipated that most of
this funding will again be directed at groups in
Britain providing services to the Irish community
and in particular to support the most vulnerable
and marginalised.

643 Questions— 25 January 2006. Written Answers 644
Rural Development.
914. Mr. O’Shea asked the Minister for Community,
Rural and Gaeltacht Affairs his proposals
to produce a strategic plan in regard to the disbursement
of the allocation of \500 million rural
development funding earmarked for Ireland
under the 2007-2013 EU financial perspectives;
and if he will make a statement on the matter.
[1381/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): The Department of
Community, Rural and Gaeltacht Affairs
together with the Department of Agriculture and
Food are preparing a joint national strategy for
rural development as required by the new EU
Council regulation on tural development. This
task is being carried out in association with the
EU Commission and it is envisaged that the
strategy will be formally agreed and adopted
early in 2006.
In October 2005 advertisements were placed in
the national newspapers inviting representative
organisations with an interest in rural development
in Ireland to indicate if they wished to be
consulted on preparation of the national strategy.
In December 2005 a consultation document —
Draft — Ireland Rural Development National
Strategy Plan, NSP, 2007-2013 — issued to
interested representative organisations.
It is intended that a detailed national programme
will follow on from the national strategy
and be agreed with the EU Commission by the
middle of 2006, in time to allow commencement
in January 2007. an indicative amount of EU
funding for rural development programming was
agreed at the December 2005 European Council.
These allocations will have to be formally agreed
at an upcoming meeting of the EU Council of
Agriculture Ministers.
Scéim Labhairt na Gaeilge.
915. D’fhiafraigh Mr. Kenny den Aire Gnóthaí
Pobail, Tuaithe agus Gaeltachta an dtabharfaidh
sé torthaí Scéim Labhairt na Gaeilge don scoilbhliain
2003-04, 2004-05 i leith gach Gaeltachta
sa tír agus an inseoidh sé, maidir le gach toghroinn
ceantair i ngach Gaeltacht, cad é an líon
teaghlach a rinne iarratas ar an scéim, an líon a
fuair an deontas iomlán, an líon a fuair an
deontas laghdaithe agus an líon ar diúltaíodh
dóibh agus costas na scéime; agus an ndéanfaidh
sé ráiteas ina thaobh. [1405/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): Leagtar amach sa tábla
leis an t-eolas atá iarrtha ag an Teachta maidir
le líon na dteaghlach a rinne iarratas faoi Scéim
Labhairt na Gaeilge, an líon a thuill an deontas
iomlán, an líon a thuill an deontas laghdaithe
agus an líon ar diúltaíodh deontas dóibh de réir
toghranna ceantair i ngach Contae Gaeltachta do
na scoilbhlianta 2003-04 agus 2004-05. Tá roinnt
bheag iarratas le scrúdú fós don scoilbhliain 2004-
05 agus tá sonraí fúthu sin sa tábla freisin. Bhí
caiteachas de \695,500 ar an scéim don scoilbhliain
2003-04 agus caiteachas de \692,510 don
scoilbhliain 2004-05 go dtí seo.
Co. Dhún na nGal 2003/04
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas laghdaithe
SLG
Cill Ghabhlaigh 8 1 5 2
Inis Chaol 1 0 1 0
Ghleann Gheis. (Cuid) 2 1 1 0
Mulmusóg. (Cuid) 3 0 3 0
Na Gleannta. (Cuid) 3 0 3 0
An Grafadh 5 5 0 0
Alt na Péiste. (Cuid) 5 2 2 1
An Clochán. (Cuid) 28 8 19 1
Baile na Finne 22 13 9 0
Gleann Léithín 1 1 0 0
Leitir Mhic an Bháird 29 5 20 4
Na Dubhcharraigh 5 0 3 2
Machaire 1 0 1 0
Cró Beithe 8 6 2 0
An Clochán Liath 29 1 13 15
Inis Mic an Duirn 10 3 4 3
Árainn Mhór 47 24 20 3
Anagaire 132 86 42 4
Machaire an Chlochair 235 196 37 2
Mín an Chladaigh 132 112 18 2

645 Questions— 25 January 2006. Written Answers 646
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas laghdaithe
SLG
Gort an Choirce 151 130 19 2
Dún Lúiche 40 35 4 1
Mín anLábáin (Cuid) 1 0 1 0
An Croisbhealach (Cuid) 98 55 36 7
Dún Feannachaidh (Cuid) 1 1 0 0
Tearmon (Cuid) 3 0 2 1
Loch Caol (Cuid) 1 0 1 0
Carraig Airt (Cuid) 12 0 12 0
Ros Guill 28 2 15 11
Fánaid Thiar (Cuid) 14 7 7 0
Fánaid Thuaidh (Cuid) 20 7 12 1
Crannphort (Cuid) 5 0 4 1
Galltacht (Co. Dhún na 3 2 1 0
nGall)
Cill Charthaigh 16 4 8 4
Málainn Bheag 5 1 3 1
Gleann Cholmcille 30 14 14 2
IOMLÁN 1,134 722 342 70
Co. Dhún na nGall 2004/05
Toghroinn Cheantair Líon na Líon a thuill an Líon a thuill an Líon Diúltaithe Líon iarratas le
dTeaghlach a Deontas Deontas scrúdú fós
rinne iarratas ar Iomlán Laghdaithe
S.L.G
Cill Charthaigh 20 5 8 7 0
Málainn Bheag 6 1 1 4 0
Gleann Cholmcille 23 10 7 6 0
Cill Ghabhlaigh 8 2 3 3 0
Cró Caorach 1 0 0 1 0
Inis Chaol 1 0 1 0 0
Ghleann Gheis (Cuid) 2 1 1 0 0
Mulmusóg (Cuid) 3 0 2 1 0
Ard an Rátha (Cuid) 1 0 1 0 0
Na Gleannta (Cuid) 2 1 1 0 0
An Grafadh 6 5 1 0 0
Alt na Péiste (Cuid) 7 5 2 0 0
An Clochán (Cuid) 25 9 15 1 0
Baile na Finne 21 11 9 1 0
Gleann Léithín 3 2 1 0 0
Leitir Mhic an Bháird 30 5 13 12 0
Na Dubhcharraigh 2 0 1 1 0
Machaire 2 0 1 1 0
Cró Beithe 8 7 0 1 0
An Clochán Liath 27 1 8 18 0
Inis Mhic an Duirn 12 3 4 5 0
Árainn Mhór 42 18 19 5 0
Anagaire 128 81 39 8 0
Machaire an Chlochair 230 188 41 1 0
Mín an Chladaigh 125 103 17 1 4
Gort an Choirce 152 130 20 2 0

647 Questions— 25 January 2006. Written Answers 648
[Éamon Ó Cuív.]
Toghroinn Cheantair Líon na Líon a thuill an Líon a thuill an Líon Diúltaithe Líon iarratas le
dTeaghlach a Deontas Deontas scrúdú fós
rinne iarratas ar Iomlán Laghdaithe
S.L.G
Dún Lúiche 40 35 4 1 0
Sidhe-chor (cuid) 1 0 1 0 0
An Croisbhealach (Cuid) 108 54 18 4 32
Tearmon (Cuid) 2 2 0 0 0
Carraig Airt (Cuid) 12 0 10 2 0
Ros Guill 20 1 7 12 0
Fánaid Thiar (Cuid) 11 7 4 0 0
Fánaid Thuaidh (Cuid) 24 8 14 2 0
Crannphort (Cuid) 6 0 4 2 0
Galltacht 3 2 1 0 0
IOMLÁN 1,114 697 279 102 36
Co Mhaigh Eo Scoilbhliain 2004/05
Toghroinn Cheantair Líon na Líon a thuill an Líon a thuill an Líon Diúltaithe Líon iarratas le
dTeaghlach a Deontas Deontas scrúdú fós
rinne iarratas ar Iomlán Laghdaithe
S.L.G
Acaill 21 4 15 2 0
Corrán Acla 17 0 6 11 0
Dumhach Éige 26 3 17 6 0
Cnoc an Daimh 40 23 5 6 6
Cnoc na Lobhar 23 2 11 10 0
Cnoc na Rátha 11 1 0 7 3
Muing na Bó 16 3 10 2 1
An Geata Mór Theas 68 39 11 13 5
An Geata Mór Thuaidh 10 3 4 3 0
Gleann Chaisil 7 0 0 5 2
Béal an Mhuirthid 14 5 5 4 0
Na Muingí 7 0 4 2 1
Béal Deirg Mór 2 0 2 0 0
Gleann na Muidhe 3 0 2 0 1
Baile an Chalaidh 10 0 3 4 3
Baile Odhbha (Cuid) 4 2 2 0 0
Abhainn Brain 5 2 1 1 1
An Ceapach Dubh 9 0 3 3 3
Partraighe (Cuid) 1 1 0 0 0
IOMLÁN 294 88 101 79 26
Co. na Gaillimhe Scoilbhliain 2003/04
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas Laghdaithe
SLG
Camus 29 28 1 0
Abhainn Ghabhla 25 25 0 0
An Cnoc Buidhe 77 62 13 2
Scainimh 74 66 8 0
An Turloch 35 32 3 0

649 Questions— 25 January 2006. Written Answers 650
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas Laghdaithe
SLG
Na hUilleannaí 5 4 1 0
Cill Chuimín (Uachtar Ard) 5 3 1 1
Garmna 139 131 6 2
Leitir Móir 86 79 5 2
An Crampán 226 216 9 1
Cill Chuimín (Gaillimh) 107 97 9 1
Sailchearnach 132 123 9 0
Cill Aithninn 69 61 8 0
An Spidéal 71 57 12 2
Na Forbacha 52 21 22 9
Bearna. Tuathcheantar (Cuid) 18 6 8 4
Tulach Aodháin (Cuid) 3 1 1 1
Mágh Cuilinn 18 4 9 5
Sliabh an Iongna 16 8 5 3
An Chorr 7 1 2 4
Leitir Breacáin (Cuid) 1 0 0 1
Conga 27 12 12 3
An Fháirche 9 2 5 2
An Carn Mór 5 0 3 2
Baile Chláir na Gaillimhe 3 0 1 2
Eannach Dhúin 3 0 0 3
Inis Mór 108 92 12 4
Bearna (Barda) 18 12 4 2
Mionlach (Barda) 10 1 6 3
An Caisleán Gearr (Barda) 5 4 1 0
Galltacht 2 1 1 0
IOMLÁN 1,385 1,149 177 59
Co. na Gaillimhe Scoilbhliain 2004/05
Toghroinn Cheantair Líon na Líon a thuill an Líon a thuill an Líon Diúltaithe Líon iarratas le
dTeaghlach a Deontas Deontas scrúdú fós
rinne iarratas ar Iomlán Laghdaithe
S.L.G
Camus 29 24 4 1 0
Abhainn Ghabhla 26 23 2 0 1
An Cnoc Buidhe 82 60 12 5 5
Scainimh 73 65 6 1 1
An Turloch 40 34 6 0 0
Muighros (Cuid) 1 0 0 1 0
Na hUilleannaí 5 1 1 1 2
Cill Chuimín (Uachtar Ard) 5 3 2 0 0
Garmna 130 125 2 2 1
Leitir Móir 88 85 1 1 1
An Crampán 215 208 4 3 0
Cill Chuimín (Gaillimh) 120 102 9 2 7
Sailchearnach 130 122 5 1 2
Cill Aithninn 73 65 5 1 2
An Spidéal 71 55 13 1 2
Na Forbacha 58 28 21 9 0
Bearna Tuathcheantar. (Cuid) 46 14 28 4 0

651 Questions— 25 January 2006. Written Answers 652
[Éamon Ó Cuív.]
Toghroinn Cheantair Líon na Líon a thuill an Líon a thuill an Líon Diúltaithe Líon iarratas le
dTeaghlach a Deontas Deontas scrúdú fós
rinne iarratas ar Iomlán Laghdaithe
S.L.G
Tulach Aodháin (Cuid) 5 2 2 1 0
Mágh Cuilinn 20 5 8 7 0
Sliabh an Iongna 14 8 6 0 0
An Chorr 9 2 3 3 1
Leitir Breacáin (Cuid) 1 0 0 1 0
An Ros 2 1 0 0 1
Conga 29 11 17 1 0
An Fháirche 9 1 5 2 1
An Carn Mór 6 0 4 1 1
Baile Chláir na Gaillimhe 5 0 2 2 1
Eannach Dhúin 4 0 1 3 0
Inis Mór 111 93 13 2 3
Bearna (Barda) 27 11 14 2 0
Mionlach (Barda) 3 0 1 1 1
An Caisleán Gearr (Barda) 5 2 2 1 0
Galltacht 3 1 0 0 2
IOMLÁN 1,445 1,151 199 60 35
Co. Chiarraí Scoilbhliain 2003/04
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas Laghdaithe
SLG
An Daingean 19 4 9 6
Na Gleannta 53 27 20 6
Cill Chúáin 40 36 4 0
Fionntraigh 36 23 13 0
Dún Caoin 16 13 3 0
Dún Urlann 28 24 4 0
Cill Maolchéadar 44 36 6 2
Márthain 13 10 3 0
Mináird 32 6 21 5
Cinnáird 19 4 12 3
Cnoc Bréanainn 3 1 1 1
An Clochán 19 4 13 2
Cathair Domhnall (Cuid) 1 0 1 0
An Gleann Iarthach 5 0 4 1
Maistir Gaoithe 4 0 4 0
Doire Fionán 1 0 1 0
Na Beitheacha (Cuid) 1 0 1 0
An tImleach (Cuid) 13 1 7 5
Ceanúig (Cuid) 7 0 5 2
Baile an Sceillig 11 0 9 2
Doire Ianna 9 5 3 1
Baile Bhric (Cuid) 2 2 0 0
Galltacht (Co. Chiarraí) 3 0 3 0
Baile Dubh 2 0 0 2
IOMLÁN 381 196 147 38

653 Questions— 25 January 2006. Written Answers 654
Co. Chiarraí Scoilbhliain 2004/05
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas Laghdaithe
S.L.G
An Daingean 15 4 10 1
Na Gleannta 57 22 31 4
Cill Chúáin 41 38 3 0
Fionntraigh 28 17 10 1
Dún Caoin 17 14 3 0
Dún Urlann 31 26 4 1
Cill Maolchéadar 45 37 7 1
Márthain 14 12 2 0
Mináird 27 9 16 2
Cinnáird 19 6 11 2
Cnoc Bréanainn 5 1 3 1
An Clochán 20 4 15 1
Baile Dubh 2 0 1 1
Cathair Domhnall (Cuid) 1 0 1 0
An Gleann Iarthach 6 0 5 1
Maistir Gaoithe 5 0 5 0
Doire Fionán (Cuid) 1 0 1 0
Na Beitheacha (Cuid) 1 0 1 0
An tImleach (Cuid) 9 0 8 1
Ceanúig (Cuid) 6 0 4 2
Baile an Sceillig 13 0 10 3
Doire Ianna 9 5 4 0
Baile Bhric (Cuid) 2 2 0 0
Loch an Choireáin (Cuid) 1 0 0 1
Galltacht (Co. Chiarraí) 3 0 3 0
IOMLÁN 378 197 158 23
Co. Chorcaí Scoilbhliain 2003/04
Toghroinn Cheantair Líon na dTeaghlach a Líon a thuill an Líon a thuill an Líon
rinne iarratas ar SLG Deontas Iomlán Deontas Laghdaithe Diúltaithe
Béal Átha an Ghaorthaidh (M) (Cuid) 32 8 21 3
Béal Átha an Ghaorthaidh (D) (Cuid) 16 0 11 5
Gort na Tiobratan 31 15 14 2
Doire Finghín 6 1 4 1
Sliabh Riabhach 28 2 19 7
Na hUláin 26 6 14 6
Cill na Martra (Cuid) 6 0 5 1
Ceann Droma (Cuid) 8 0 8 0
Claonráth (Cuid) 6 3 2 1
Oileán Cléire (Cuid) 8 2 6 0
IOMLÁN 167 37 104 26

655 Questions— 25 January 2006. Written Answers 656
[Éamon Ó Cuív.]
Co. Chorcaí Scoilbhliain 2004/05
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas
S.L.G
Laghdaithe
Béal Átha an Ghaorthaidh (M) (Cuid) 31 8 22 1
Béal Átha an Ghaorthaidh (D) (Cuid) 16 0 12 4
Gort na Tiobratan 31 14 15 2
Doire Finghín 10 0 7 3
Sliabh Riabhach 34 3 23 8
Na hUláin 24 5 15 4
Cill na Martra (Cuid) 6 0 4 2
Ceann Droma (Cuid) 8 0 8 0
Claonráth (Cuid) 5 2 3 0
Oileán Cléire (Cuid) 6 3 3 0
IOMLÁN 171 35 112 24
Co. Phort Láirge Scoilbhliain 2003/04
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas Laghdaithe
SLG
Baile Mhac Airt 13 1 10 2
An Rinn (Cuid) 51 19 32 0
Ard Mhór (Cuid) 1 0 1 0
IOMLÁN 65 20 43 2
Scoilbhliain 2004/05
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas Laghdaithe
S.L.G
Baile Mhac Airt 13 0 11 2
An Rinn (Cuid) 55 20 32 3
IOMLÁN 68 20 43 5
Co. na Mí Scoilbhliain 2003/04
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas Laghdaithe
SLG
Ráth Mór (Cuid) 21 13 8 0
Cill Bríde (Cuid) 4 4 0 0
Baile Átha Buí (Cuid) 2 1 1 0
Domhnach Pádraig (Cuid) 15 1 10 4
Tailtin (Cuid) 4 0 4 0
Galltacht (Co na Mí) 1 1 0 0
IOMLÁN 47 20 23 4

657 Questions— 25 January 2006. Written Answers 658
Scoilbhliain 2004/05
Toghroinn Cheantair Líon na dTeaghlach Líon a thuill an Líon a thuill an Líon Diúltaithe
a rinne iarratas ar Deontas Iomlán Deontas Laghdaithe
S.L.G
Ráth Mór (Cuid) 22 14 7 1
Cill Bhríde 4 4 0 0
Baile Átha Buí (Cuid) 0 0 0 0
Domhnach Pádraig (Cuid) 14 2 8 4
Tailtin (Cuid) 4 0 4 0
IOMLÁN 44 20 19 5
Departmental Expenditure.
916. Mr. Naughten asked the Minister for Community,
Rural and Gaeltacht Affairs the funds
spent by his Department since June 1997 on consultants,
legal experts and external advice; the
number of reports produced under such contracts
and the number implemented to date by his
Department; the cost of such advice in 2005 and
the planned expenditure for 2006; and if he will
make a statement on the matter. [1537/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): I would refer the
Deputy to my replies to Parliamentary Questions
Nos. 523 of 28 June 2005 and 425 and 427 of 2
November 2005, which gave details of the engagement
of consultants, including legal experts and
costs of same from the establishment of my
Department in June 2002 up to 2 November 2005.
Payments made under these contracts since 2
November 2005 amount to \51,315.10. Six new
consultancies have been entered into since 2
November 2005. These include the following:
Mazars was engaged to prepare procedures manuals
for the Department’s Corepay at a cost of
\10,000;, Montague Communications public
relations and event management services to the
NACD at a cost of \29,8;, Eamonn Ó Domhnaill
— Review of departmental expenditure on
NUIG education projects in the Gaeltacht at a
cost of \27,830; Aqua Fact International Services
Limited — Survey of flora on site of Inishbofin
airstrip at a cost of \15,125;, Petrus Consulting to
carry out a review of capital expenditure on the
islands from 1998 to 2004 at a cost of \54,147.50;,
and Philip Lee Solicitors — Engaged by NACD
to advise on research contracts at a cost of
\13,352.50. The cost of consultancies in 2005 was
\349,000, including \25,636.67 for contracts for
legal advice. Estimated expenditure for consultancies
in 2006 is \500,000.
Due to the diverse nature of my Department’s
activities, I am not in a position to provide a
response in regard to the number of reports that
were produced under consultancies since June
2002, within the time available. My Department
is collating the material for reply and I will forward
the material directly to the Deputy when it
is complete.
Grant Payments.
917. Mr. Ring asked the Minister for Community,
Rural and Gaeltacht Affairs when a grant
will be approved for a project (details supplied)
in County Mayo. [1548/06]
Minister of State at the Department of Community,
Rural and Gaeltacht Affairs (Mr. N.
Ahern): I assume that the Deputy is referring to
Mulranny Western Holdings from which group
an application has been received under the 2005
programme of grants for locally-based community
and voluntary organisations.
Each application received under the scheme
was assessed by Pobal on behalf of my Department
by reference to the criteria set out in the
published guidelines, and scored accordingly. The
application from the organisation in question
failed to achieve a sufficiently high score to
enable it to be considered for funding on this
occasion. It is open to the applicant organisation
to have the decision reviewed by applying in writing
to the Department as advised in the notification
letter which issued to the organisation
recently.
Water and Sewerage Schemes.
918. Mr. Ring asked the Minister for Community,
Rural and Gaeltacht Affairs when CLÁR
funding will be provided to Mayo County Council
(details supplied). [1552/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): An application for
CLÁR funding in respect of the upgrading of the
Shraheen-Aughagower group water scheme was
received in my Department in November 2005.
My Department is examining the matter in consultation
with Mayo County Council and the
Department of the Environment, Heritage and
Local Government.
Under the conditions governing CLÁR funding
for group water schemes, the Department is consulted
on all schemes costing more than \80,000
to CLÁR. As the CLÁR funding requested in
this instance was \1,563,021, this application was
referred to the Department. A decision on the
application will be made as soon as possible.

659 Questions— 25 January 2006. Written Answers 660
Regional Development.
919. Mr. Ring asked the Minister for Community,
Rural and Gaeltacht Affairs the funding
allocated in 2005 to a group (details supplied); the
projects which were grant-aided; the costs which
were incurred in relation to administration costs,
staffing and so on; the budget in 2005 for this
group; and the projects that were grant aided by
this project. [1555/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): The Western Development
Commission, WDC, is a body under the
aegis of my Department, established under the
WDC Act 1999, to promote the economic and
social development of the western region. In
2005, the WDC had an operational budget of
\1,843,000 as set out in the revised estimates. This
included \915,000 for pay — 15 staff — and
\928,000 for non-pay, which included administration
costs. In addition, allocations totalling
\4.3 million were made by the WDC under the
Western Investment Fund. WDC initiatives
included the following: Promotion of the Region:
The Look West Campaign which highlights the
attractions of living and working in the western
region. Transport, communications and energy
infrastructure: Supporting the development of
Knock Airport as a regional development hub.
Monitoring provision of broadband telecommunications
in the region. Monitoring of transport
infrastructure including the western rail corridor.
Monitoring of energy infrastructure. Rural
Development: Facilitation of the Western
Development Tourism Programme, WDTP,
which is a partnership with key national and
regional tourism stakeholders, for example. the
Green Box and Walking in the West initiatives.
Supporting the development of the organic agrifood
sector. Working on models of rural development.
Renewable Energy: Building on recommendations
in the “To Catch the Wind” report
on community ownership of wind farMs Preliminary
review of the regional biomass sector. WIF:
The WDC provides funding by way of loans and
equity through the western investment fund,
WIF. It does not provide grant aid. Investments
are made on a commercial basis by way of ordinary
share capital, preference share capital, and
loans, or a combination of these mechanisMs In
2005, the WIF allocation of \4.3 million funded
13 investments in areas, including telecommunications,
computer software, medical devices
and fisheries. Details are set out in the following
list of investment projects.
WIF 2005
Project Name Location Sector Amount Equity/Loan
Disbursed
3Touch Ltd Roscommon Information Communications 167,000 Equity
Technology
AMT3D Mayo Information Communications 158,500 Equity
Technology
Ballaghaderreen Community Roscommon Social & Economic Infrastructure 25,000 Loan
Park Ltd.
Connaught Airport Dev. Co. Mayo Social & Economic Infrastructure 1,000,000 Convertible Loan
Ltd.
Maoiniu Mara Teo (MMT) Galway Aquaculture & Fisheries 500,000 Loan
MASSN Medical Ltd. Mayo Bio/Medical Devices 80,000 Loan
Metamusic Ltd. Galway Information Communications 100,000 Equity
Technology
Proxy Biomedical Ltd. Galway Bio/Medical Devices 316,828 Equity
Torc Interactive Ltd. Donegal Information Communications 117,000 Equity
Technology
Vigisoft Galway Information Communications 100,000 Equity
Technology
Xancom Ltd t/a Lightstorm Galway Information Communications 1,000,000 Equity
Networks
Technology
Xtender Teo Donegal Information Communications 317,000 Equity
Technology
Zerusa Ltd. Galway Bio/Medical Devices 117,000 Equity
Total 3,998,328*
* Difference between the amount disbursed and the WIF allocation of \4.3 million was due to a project not being in a position to
draw down funding before the 31 December 2005. The unspent money remains in the fund for disbursement in 2006 to this project.
\
Grant Payments.
920. Mr. Ring asked the Minister for Community,
Rural and Gaeltacht Affairs his plans to
introduce legislation pertaining to Údarás na
Gaeltachta to amend the situation which currently
exists whereby a person can be given a

661 Questions— 25 January 2006. Written Answers 662
grant without having to make an application for
same as there is no statutory requirement on
Údarás na Gaeltachta to receive a formal grant
application form before payment of a grant; and
if he will make a statement on the matter.
[1564/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): First, I wish to clarify
that it is not the position that a person can obtain
a grant from Údarás na Gaeltachta without submitting
an application.
I would draw the Deputy’s attention to my
response to Parliamentary Question No. 248 on
15 December 2005 in which I explained that an
application can be made in either of two ways: by
means of a generic application form which elicits
the essential data for assessment of the application,
or by means of other acceptable documentation,
such as a formal business plan, which
also includes the essential data required. The
position is likewise in the case of submitting
claims for payment. The need for amending legislation
in this matter does not arise.
921. Mr. Ring asked the Minister for Community,
Rural and Gaeltacht Affairs his views on
the decision of Mr. Pádraig Ó hAoláin, Chief
Executive of Údarás na Gaeltachta, following
their interview on Galway Bay FM on 18
November 2005 not to pursue the directors of a
quarry company (details supplied) operating outside
the Gaeltacht which was wrongly awarded a
substantial grant, particularly having regard to
the fact that by letter dated 25 July 2005 Údarás
revoked the grant with the reason given that the
company failed to develop a quarry located in the
Gaeltacht. [1577/06]
922. Mr. Ring asked the Minister for Community,
Rural and Gaeltacht Affairs his views on
the decision of Mr. Pádraig Ó hAoláin, Chief
Executive of Údarás na Gaeltachta, following
their interview on Galway Bay FM on 18
November 2005 not to pursue the directors of a
quarry company operating outside the Gaeltacht
which was wrongly awarded a substantial grant,
in view of the fact that the company used a bogus
address on the grant contract dated 16 December
1998 and that the contract was signed by one of
the directors of the company which the letter
failed to mention on 25 March 1999; and if he will
make a statement on the matter. [1578/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): I propose to take Questions
Nos. 921 and 922 together. As I have indicated
to the House on numerous occasions, I
have no direct function in this case. Moreover, as
I am satisfied that the matter has been dealt with
appropriately and comprehensively by both the
Comptroller and Auditor General and the Committee
of Public Accounts, I do not propose to
make any further comment.
Health Services.
923. Dr. Cowley asked the Minister for Community,
Rural and Gaeltacht Affairs if funding
will be awarded to case number 96426 (details
supplied) to enable this group to supply a meals
on wheels service to persons in need in their community;
if his attention has been drawn to the fact
that same was applied for in May 2005; and if he
will make a statement on the matter. [1605/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): As the Deputy may be
aware, this is a matter primarily for the Health
Board Executive. I understand that a grant has
already been approved by the executive for the
services in question. I am happy to inform the
Deputy that my Department has recently sanctioned
a top-up grant of \2,000 in this instance.
Housing Grants.
924. Mr. Ring asked the Minister for Community,
Rural and Gaeltacht Affairs if there is
any incentive available to assist a person wishing
to build a home on an off-shore island in County
Mayo (details supplied). [1607/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): Under the Housing
(Gaeltacht) Acts, a maximum grant of \15,300 is
payable to assist a qualified applicant to build a
new house on a Gaeltacht island. My Department
does not provide assistance towards the building
of a new house on a non-Gaeltacht island.
Social Insurance Fund.
925. Mr. P. McGrath asked the Minister for
Community, Rural and Gaeltacht Affairs the
amount of money collected by his Department by
way of superannuation payments by employees in
2003, 2004 and 2005; and where applicable, the
amount paid into the social insurance fund by
those employees in each of these years; and if he
will make a statement on the matter. [1814/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): I wish to inform the
Deputy that the amount of money collected by
my Department in 2003, 2004 and 2005 in respect
of superannuation payments by employees, and
the amount paid into the Social Insurance Fund
by these employees is as follows:
Year Superannuation Social Insurance
\ \
2003 167,207.51 287,032.07
2004 214,534.24 362,219.70
2005 226,012.26 375,172.07

663 Questions— 25 January 2006. Written Answers 664
Bullying in the Workplace.
926. Mr. Timmins asked the Minister for Community,
Rural and Gaeltacht Affairs the policy to
deal with bullying in his Department; if same has
been circulated to all employees; if there are outstanding
law cases regarding the issue by
employees; if cases were dealt with or settled
since 1 January 2000, and if so, the number of
same; if his Department has legislation dealing
with the issue of bullying or plans to introduce
such legislation; and if he will make a statement
on the matter. [1910/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): “A Positive Working
Environment”, the revised anti-harassment, sexual
harassment and bullying policy for the Civil
Service was published by the Department of Finance
in July 2005. This policy applies to all civil
servants, including staff on contract in Departments,
and has been circulated to all members of
staff in the Department of Community, Rural and
Gaeltacht Affairs.
The Department was established in 2002. In the
intervening period, a legal action has been taken
by one employee. The matter is outstanding. The
Department does not have specific legislation or
plans to introduce legislation regarding bullying.
Departmental Staff.
927. Mr. Timmins asked the Minister for Community,
Rural and Gaeltacht Affairs the bonuses
that were paid to his staff for the year ending 31
December 2005; the amount of money that was
paid; the way in which this was calculated; and if
he will make a statement on the matter.
[1925/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): Under this Department’s
scheme of exceptional performance, 0.2%
of the administrative budget, A1, may be made
available to staff in recognition of exceptional
contribution or performance by individuals or
teaMs Merit awards may be awarded to all grades
up to and including principal officer.
Each principal officer is given a per capita allocation
proportionate to the number of staff in hisher
area. Awards are decided in conference by
the principal officer and his-her assistant principal
officers, covering the grades of services
officer, clerical officer, executive officer, administrative
officer and higher executive officer. an
allocation is also made to the secretary general
and assistant secretaries proportionate to the
number of assistant principals and principal
officers in the Department. Awards are decided
in conference by the secretary general and the
assistant secretaries, covering the grades of assistant
principal and principal officer. Awards range
from \400 minimum to \800 maximum for individual
and group awards under this scheme.
In 2005, \23,465 gross was awarded under the
merit award scheme to 16 groups and 36 individuals.
Under the Department of Finance scheme
of performance-related awards for posts at the
level of deputy secretary and assistant secretary,
the Central Committee for Performance Awards
considers recommendations made by secretaries
general. In 2005, awards totalling \22,700 were
made to two assistant secretaries in my
Department.
Departmental Programmes.
928. Mr. Kenny asked the Minister for Community,
Rural and Gaeltacht Affairs if his
Department has produced an annual corporate
procurement plan in respect of each of the years
2000 to 2005; and if he will make a statement on
the matter. [2245/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): My Department carries
out its procurement functions in accordance with
the relevant Department of Finance guidelines. It
has a procurement officer who provides guidance
and assistance to line divisions in regard to procurement
matters. In addition, customised
internal guidelines on procurement have been
made available to all staff.
In the context of building on current capacity
in this area, my Department is in contact with the
Department of Finance in regard to the provision
of appropriate specialised training, which will
facilitate the production of a departmental corporate
procurement plan. I anticipate that such a
plan will be in place later this year.
Drugs Treatment Programme.
929. Mr. O’Connor asked the Minister for
Community, Rural and Gaeltacht Affairs the
actions in place to deal with the problem of
cocaine in the Tallaght region; and if he will make
a statement on the matter. [2256/06]
Minister of State at the Department of Community,
Rural and Gaeltacht Affairs (Mr. N.
Ahern): Under the National Drugs Strategy 2001-
2008, each of the 14 local drugs task forces,
including that for Tallaght, has in place an action
plan to tackle drug misuse in their area, based on
their own identified priorities.
Specifically focusing on cocaine, I approved
funding of almost \400,000 for four pilot cocaine
treatment projects and a training initiative
operating in various drugs task force areas. One
of these treatment projects is located in the
Tallaght area. It is run by the community addiction
response project, Killinarden and St. Dominic’s,
and it is targeted at problematic intranasal
cocaine users. Generally the feedback from these
pilot projects has been positive and it is hoped
that they will help in generating an overall
response to the cocaine problem. Formal assess-

665 Questions— 25 January 2006. Written Answers 666
ment of the projects is being undertaken by
Goodbody Economic Consultants Limited and it
is expected that a preliminary report will be available
in the coming months. As there is no substitution
treatment drug for cocaine, services such
as counselling and behavioural therapy are utilised
to help misusers. In that regard, the health
services have recruited additional counsellors and
outreach workers in the last number of years.
I am satisfied that, through the implementation
of the actions in the national drugs strategy and
the projects and initiatives operated through the
local drugs task force, the problem of cocaine in
the Tallaght region is being addressed.
Publication of Reports.
930. Ms Shortall asked the Minister for Community,
Rural and Gaeltacht Affairs the bodies
under the aegis of his Department which have not
provided her with a 2004 annual report; and in
the case of each body from whom he has received
such a report if same has been laid before the
Houses of the Oireachtas. [2284/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): I can confirm to the
Deputy that of the 13 agencies and other bodies
reporting to or within the ambit of my Department
are listed in the attached appendix. Three
have not as yet provided a 2004 annual report —
the Ulster Scots Agency, Bord na Leabhair
Gaeilge and the National Advisory Committee
on Drugs. These are expected to be furnished to
me shortly.
The annual reports for 2004 received from the
other bodies have been lain before the Houses of
the Oireactas, except in the case of an Coimisiún
Logainmneacha, National Drugs Strategy Team,
Arramara Teoranta, and Foras na Gaeilge. The
reports from an Coimisiún Logainmneacha and
the national drugs strategy team have been
received but are not normally laid before the
Houses, as is also the case with the report of the
national advisory committee on drugs. The
reports for Arramara Teoranta and Foras na
Gaeilge have been received and are currently
being examined prior to being laid before the
Houses of the Oireachtas.
Appendix
Agency
1. Pobal (formerly ADM Limited).
2. Arramara Teo.
3. Bord na Leabhar Gaeilge.
4. Office of the Commissioners of Charitable Donations
and Bequests for Ireland.
5. Dormant Accounts Fund Disbursements Board.
6. Foras na Gaeilge.
7. The Boord o Ulster Scotch.
8. Údarás na Gaeltachta.
9. Waterways Ireland.
Agency
10. Western Development Commission (WDC).
11. An Coimisiún Logainmneacha.
12. National Advisory Committee on Drugs (NACD).
13. National Drugs Strategy Team (NDST).
Fuel Production.
931. Mr. O’Shea asked the Minister for Community,
Rural and Gaeltacht Affairs the discussions
he has had with the Departments of Finance,
Agriculture and Food, Enterprise, Trade
and Employment and Communications, Marine
and Natural Resources regarding the viability of
ethanol and biodiesel production as a rural
enterprise; the action he proposes to take in
regard to this potential rural enterprise; and if he
will make a statement on the matter. [2357/06]
932. Mr. O’Shea asked the Minister for Community,
Rural and Gaeltacht Affairs his proposals
to set up an expert group to examine the viability
of ethanol and biodiesel production as a rural
enterprise; if recommendations and a report will
be made on same; and if he will make a statement
on the matter. [2358/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): I propose to take Questions
Nos. 931 and 932 together.
I refer the Deputy to my reply to Parliamentary
Question 32690/05 of 8 November 2005. In that
reply, I advised the Deputy of the 2004 amendment
to the Finance Act 1999 which provided for
the introduction of a scheme for mineral oil tax
relief for biofuels. A scheme under the Act was
launched by the Department of Communications,
Marine and Natural Resources in April 2005 and
was open to applicants from all areas, including
rural and Gaeltacht areas. A total of 34 applications
were received under the call for proposals
by the closing date and eight projects were
awarded excise relief under the scheme over a
two-year period to 2007. Among the successful
projects were proposals for the Galway, Donegal,
Kilkenny, Wexford and Wicklow regions. The
scheme is an initial measure designed to stimulate
market development, and will cost \6 million in
excise foregone over the two year period.
Following the success of this pilot biofuels
scheme, a package of excise relief valued at \205
million was announced in the context of budget
2006 and will allow Ireland reach a target of 2%
market penetration of biofuels by 2008. Funding
is also being provided towards the capital cost of
developing biofuels processing facilities. The
Department of Communications, Marine and
Natural Resources is now developing a suite of
measures to roll out the new biofuels programme,
in consultation with the Department of Finance.
A more detailed study on policy options for

667 Questions— 25 January 2006. Written Answers 668
[Éamon Ó Cuív.]
development of a biofuels market will be published
by Sustainable Energy Ireland shortly. This
follows publication of the “Liquid Biofuels
Strategy Study for Ireland” by Sustainable
Energy Ireland in 2004 and referred to in my earlier
reply.
The Department of Communications, Marine
and Natural Resources is responsible for the promotion
and development of renewable energy
including biofuels. In the circumstances, I have no
plans for this Department to carry out additional
research in this area. However, as part of my
Department’s overall remit in relation to rural
development matters, I continue to maintain a
close interest in matters relevant to the development
of rural areas especially in an emerging
policy context. In this regard, I should mention
that my officials are in ongoing discussions with
Sustainable Energy Ireland, Comhdháil Oileáin
na hÉireann-The Irish Islands Federation and
individual island communities regarding the promotion
of sustainable energy projects on the
islands.
Freedom of Information.
933. Ms Burton asked the Minister for Community,
Rural and Gaeltacht Affairs the public
bodies and agencies within his Department
exempted from the full remit of the Freedom of
Information legislation; and if he will make a
statement on the matter. [2740/06]
Minister for Community, Rural and Gaeltacht
Affairs (Éamon Ó Cuív): The public bodies and
agencies under the aegis of my Department that
are subject to Freedom of Information legislation
are subject to the full remit of the legislation.
Grant Payments.
934. Mr. Lowry asked the Minister for Agriculture
and Food the status of an application for
entitlement under the national reserve for a person
(details supplied) in County Tipperary; and if
she will make a statement on the matter.
[40160/05]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application for an allocation of entitlements from
the single payments scheme national reserve
under category B.
Category B caters for farmers who, between 1
January 2000 and 19 October 2003, made an
investment in production capacity in a farming
sector for which a direct payment under livestock
premia and/or arable aid schemes would have
been payable during the reference period 2000 to
2002. Investments can include purchase or long
term lease of land, purchase of suckler and/or
ewe quota or other investments.
The position is that over 23,000 applications for
an allocation of entitlements from the national
reserve were received when account is taken of
farmers who applied under more than one category.
Processing of these applications is continuing
and the intention is to make allocations to
successful applicants at the earliest opportunity.
My Department will be in contact with individual
applicants as soon as their applications are
fully processed and formal letters setting out my
Department’s decision will be issued in the near
future.
EU Directives.
935. Ms Enright asked the Minister for Agriculture
and Food if her attention has been drawn
to the differences between the best practice
environmental standards as set out in the rural
environment protection scheme and those
recently enacted under the nitrates directive; the
action she will take to ensure that farmers currently
complying with the REP scheme will not
be penalised as a result of the enactment of the
nitrates directive; and if she will make a statement
on the matter. [40161/05]
Minister for Agriculture and Food (Mary
Coughlan): The European Communities (Good
Agricultural Practice for Protection of Waters)
Regulations 2005, S.I. No. 788 of 2005, were made
by the Minister for the Environment, Heritage
and Local Government on 11 December 2005 and
will come into force on 1 February 2006.
All farmers, including those in REPS, will be
required to comply with the regulations. Farmers
in REPS will not be required to amend their
existing plans, but they may need to make adjustments
to their farming systems such as storage for
animal manure, restrictions on spreading periods
and overall fertiliser limits. Like all farmers, they
should consult their advisers about the practical
steps that may need to be taken.
The specifications for REPS planners are currently
being amended in line with the nitrates
regulations and the new version will be provided
to REPS planners shortly. REPS plans drawn up
subsequently will be required to meet these specifications.
936. Ms Enright asked the Minister for Agriculture
and Food the negotiations currently
under way to ensure that Ireland secure a 170 kg
nitrates derogation under the nitrates directive; if
her Department is directly involved in these
negotiations; if this target can be reached; and if
she will make a statement on the matter.
[40162/05]
Minister for Agriculture and Food (Mary
Coughlan): The implementation of the nitrates
directive is a matter, in the first instance, for the
Minister for the Environment, Heritage and
Local Government, who signed regulations giving

669 Questions— 25 January 2006. Written Answers 670
legal effect to Ireland’s national action programme
on nitrates on 11 December 2005.
Ireland is proceeding with its request for a
derogation designed to allow certain farmers to
operate, under appropriate conditions and controls,
up to a level of 250 kg of organic nitrogen
per hectare per annum. My Department is taking
the lead in this matter and, with the support of
Teagasc, will continue to work with the Department
of the Environment, Heritage and Local
Government toward achieving a successful
outcome.
The process commenced formally at a meeting
of the EU nitrates committee in December, when
an outline of Ireland’s proposal was presented.
Detailed discussions between officials of my
Department, the Department of the Environment,
Heritage and Local Government and the
European Commission have since taken place.
Following these discussions the detailed scientific
argument in support of the proposal is being
finalised, and will be submitted formally to the
Commission very shortly. Other member states
will then have the opportunity to ask questions
prior to a more detailed presentation at next
meeting of the nitrates committee in March.
I am aware of the need to conclude the process
quickly and I am hopeful that the approval process
can be finalised as early as possible in 2006.
Grant Payments.
937. Mr. Deasy asked the Minister for Agriculture
and Food when payment under the single
farm payment will issue to a person (details
supplied) in County Waterford. [40198/05]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
14 May 2005. Payment amounting to \43,729.77
in respect of the single payment scheme issued to
the person named on 16 December 2005.
938. Mr. Timmins asked the Minister for Agriculture
and Food the position in regard to a person
(details supplied) in County Wicklow who
has been informed that they will not receive the
full amount of the single payment scheme; if, in
view of the circumstances the full payment can be
made; and if she will make a statement on the
matter. [40228/05]
Minister for Agriculture and Food (Mary
Coughlan): An application under the 2005 single
payment scheme was received from the person
named on 10 May 2005. One land parcel was
included on the application, which was processed
by my Department and paid on 1 December 2005.
The person named then contacted my Department
to indicate that another land parcel had
been omitted from his application. In accordance
with the EU legislation governing the implementation
of the single payment scheme, the person
named was informed that the closing date for
adding parcels to his application was 10 June 2005
and that no parcels could be added after that
date.
The person named appealed this decision to
the single payment section, and his appeal was
rejected. However, my Department is now aware
that additional evidence has been forwarded for
consideration. On receipt of this evidence, the
case will be reviewed and the person named will
be informed of the outcome of the review.
939. Mr. P. Breen asked the Minister for Agriculture
and Food the reason a person (details
supplied) in County Clare was deducted a sum of
money from their single payment scheme; and if
she will make a statement on the matter.
[40259/05]
963. Mr. P. Breen asked the Minister for Agriculture
and Food if an application for single farm
payments entitlements for a person (details
supplied) in County Clare will be reviewed; and
if she will make a statement on the matter.
[1262/06]
Minister for Agriculture and Food (Mary
Coughlan): I propose to take Parliamentary
Questions Nos. 939 and 963 together.
The person named established 49.45 entitlements
under the single payment scheme. The person
named declared a total of 32.03 eligible hectares
and 17.70 forestry hectares in his 2005 single
payment application. Under EU legislation, in
order to draw down the full single payment an
applicant must declare an eligible hectare in
respect of each entitlement. This requirement was
set out clearly in the documentation supplied to
farmers on a number of occasions. Therefore,
payment of \2,456.94 issued to the applicant
based on 32.03 eligible forage hectares declared
on the 2005 single payment application form.
All applicants who did not receive the full single
payment due to their failure to submit an
application for consolidation of their entitlements
were requested to submit a letter outlining their
particular circumstances. My Department intends
to begin examining all such cases in the near
future.
940. Mr. Deenihan asked the Minister for Agriculture
and Food when payments will be made
under the single payment scheme to a person
(details supplied) in County Kerry; and if she will
make a statement on the matter. [40305/05]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
27 April 2005. The application has been fully processed
and payment has issued in respect of the
single payment scheme to the person named.

671 Questions— 25 January 2006. Written Answers 672
Turbary Rights.
941. Dr. Cowley asked the Minister for Agriculture
and Food if bogland at Kilbride, County
Sligo is under the ownership of persons (details
supplied) in County Mayo; and if she will make a
statement on the matter. [40330/05]
Minister for Agriculture and Food (Mary
Coughlan): It appears from my Department’s
records that ownership of the rights of turbary,
but not the fee simple, of the bogland in question
is in the name of the Minister for Agriculture and
Food, as successor to the former Land Commission.
It is anticipated that a scheme for the
allotment of the said rights of turbary will be prepared
by my inspectorate later this year.
942. Mr. O’Dowd asked the Minister for Agriculture
and Food her plans to abolish the three
hectare minimum limit rule in regard to the
disadvantaged areas compensatory allowance
(details supplied); and if she will make a statement
on the matter. [40372/05]
Minister for Agriculture and Food (Mary
Coughlan): Ireland’s rural development plan
2000-06 has its legal basis in EU Council Regulation
1257/1999, Article 14.2 of which states,
“Compensatory allowances shall be granted per
hectare of areas used for agriculture to farmers
who farm a minimum area of land to be defined”.
The minimum area of three hectares has been
applicable in Ireland since the introduction of
compensatory allowances in 1975. The requirements
for the disadvantaged areas scheme in the
new rural development plan 2007-13 will be
finalised in the coming months.
Grant Payments.
943. Mr. Kehoe asked the Minister for Agriculture
and Food the reason a person (details
supplied) in County Wexford has not received the
single farm payment; when payment will be
made; and if she will make a statement on the
matter. [40386/05]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on 9
May 2005. The herd number of the named person
changed ownership on 30 November 2004 and the
entitlements under the single payment scheme
were established under the previous ownership.
The applicant submitted a transfer of entitlements
application form as requested by my
Department on 18 January 2006. This case has
now been fully processed and it is expected that
payment will issue shortly.
944. Mr. Deenihan asked the Minister for Agriculture
and Food when a decision will be made
on the level of single payment entitlement for a
person (details supplied) in County Kerry; and if
she will make a statement on the matter.
[1021/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
11 May 2005. The application has been fully processed
and payment has issued in respect of the
single payment scheme to the person named.
945. Mr. Kehoe asked the Minister for Agriculture
and Food the reason for the delay in processing
the single farm payment for a person
(details supplied) in County Wexford; when payment
will be made; and if she will make a statement
on the matter. [1048/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
the 16 May, 2005. However, the person named
applied to consolidate but had forwarded no supporting
documentation. My Department has been
in contact with the applicant, who has now confirmed
that he does not want to consolidate his
entitlements. His application has now been fully
processed and payment of \23,043.24 will issue in
the coming days.
Animal Diseases.
946. Mr. McGuinness asked the Minister for
Agriculture and Food if all rams identified in
2005 with scrapie and categorised as 4 or 5 were
slaughtered out; the numbers affected; and if she
will make a statement on the matter. [1069/06]
Minister for Agriculture and Food (Mary
Coughlan): Under the scrapie programme,
infected flocks are restricted and all of the animals
are genotyped. Following the receipt of the
genotype results the susceptible animals, including
rams in category 4 and category 5 are valued
and sent for slaughter. In 2005 a total of 63 rams
from 19 positive flocks were identified in category
4 and category 5. These animals were valued and
slaughtered and compensation was paid to the
flock owners concerned.
National Genotyping Programme.
947. Mr. McGuinness asked the Minister for
Agriculture and Food her views on the need for
an extensive national genotype programme and
the non-availability of category 1 and 2 breeding
stock; and if her Department will support farmers
financially whose incomes have been affected
while they try to rebuild their depleted stocks.
[1070/06]
Minister for Agriculture and Food (Mary
Coughlan): My Department has operated a voluntary
national genotype programme since May
2004. At 31 December 2005, almost 43,000 sheep
had been genotyped. Between 1 September and

673 Questions— 25 January 2006. Written Answers 674
18 November last, a number of financial enhancements
were added to the programme and contributed
to a significant increase in participation
levels.
My Department has had discussions over
recent months with farming bodies and pedigree
breeders on arrangements for the introduction of
a compulsory breeding programme, pursuant to
Commission decision 2003/100/EC. I expect that
these discussions will conclude shortly and the
compulsory programme should be in place soon
thereafter.
The principal aims of the programme are to
increase the frequency of the ARR allele in the
Irish sheep flock while, at the same time, reducing
the prevalence of the VRQ alleles which have
been shown to contribute to susceptibility to
TSEs, leading to their eventual elimination.
The effect of this will be to increase the resistance
of the national sheep flock to classical
scrapie through the use of genotyping to determine
resistance. This is very important in improving
the overall health status of the flock and the
subsequent reduction in the incidence of scrapie.
The introduction of the forthcoming programme
also reflects the increasing emphasis being
placed on the quality and safety of fresh meat. It
is in the interest of all sheep breeders to anticipate
a future demand for sheep of certain genotypes
and the compulsory programme will play a
long-term and central role in the breeding of animals
and the marketing of sheepmeat.
In regard to the non-availability of category 1
and 2 breeding stock, provision is made in the
Commission decision for individual breeding
programmes to be implemented taking account of
the frequency of the different alleles within each
breed in order to avoid the danger of inbreeding
or genetic drift. The forthcoming compulsory
breeding programme will take account of this
concern.
Although the Commission decision does not
make provision for the payment of compensation
to flock owners who are required to slaughter
sheep identified as highly susceptible to scrapie,
the forthcoming programme will include a compensation
dimension in respect of sheep that have
to be slaughtered. It is not, however, intended to
include an income support element in this
programme.
Grant Payments.
948. Mr. McGuinness asked the Minister for
Agriculture and Food if issues relating to the single
farm payment have been resolved in the case
of a person (details supplied) in County
Kilkenny; if the payments are up to date; and if
she will make a statement on the matter.
[1073/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
27 April 2005. A query arose in regard to an overclaim
on one parcel and clarification was sought
from the person concerned. A reply was received
stating that a site had been inadvertently included
in the parcel concerned and should be removed.
The site was duly removed and the parcel
adjusted accordingly. This resulted in a small
reduction in the amount due to the applicant. The
application was processed on this basis and payment
amounting to \9,050.13 issued to the person
named on 20 December 2005.
EU Directives.
949. Mr. Quinn asked the Minister for Agriculture
and Food if EU Directive 2004/41/EC was
implemented before 1 January 2006; if the
directive was not implemented by 1 January 2006
the reason Ireland did not meet its obligations to
implement this directive before the deadline; and
if she will make a statement on the matter.
[1107/06]
Minister for Agriculture and Food (Mary
Coughlan): Directive 2004/41/EC repealed a
number of directives when the food and feed
hygiene legislation came into effect on 1 January
2006. The implementing statutory instrument giving
effect to this directive and the food and feed
hygiene legislation is S.I. 910 of 2005.
Grant Payments.
950. Mr. Deenihan asked the Minister for Agriculture
and Food when payment under the single
payment scheme will be awarded to a person
(details supplied) in County Kerry; and if she will
make a statement on the matter. [1124/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
16 May 2005. The application has been fully processed
and payment has issued in respect of the
single payment scheme to the person named.
Departmental Appointments.
951. Mr. Boyle asked the Minister for Agriculture
and Food the number of public appointments
made by her Department or her predecessors
since 1997. [1152/06]
Minister for Agriculture and Food (Mary
Coughlan): Since 1997, there have been 121
appointments to the State boards which currently
come under the aegis of my Department. This
does not include appointments made to Horse
Racing Ireland and Bord na gCon which have
been the responsibility of the Minister for Arts,
Sport and Tourism since June 2002 and the Western
Development Commission which has been
the responsibility of the Minister for Community,
Rural and Gaeltacht Affairs since June 2002.

675 Questions— 25 January 2006. Written Answers 676
952. Mr. Boyle asked the Minister for Agriculture
and Food the number of public appointments
currently vacant and yet to made by her
Department. [1153/06]
Minister for Agriculture and Food (Mary
Coughlan): The position in regard to vacancies to
State boards which come under the aegis of my
Department is that four vacancies currently exist
in Bord Bia and it is anticipated that they will be
filled shortly. There is one vacancy at present in
the National Milk Agency. My Department has
requested the relevant nominating group to select
a replacement and a response is awaited.
Grant Payments.
953. Mr. J. O’Keeffe asked the Minister for
Agriculture and Food if the penalty imposed on
a 2005 suckler cow grant to a person (details
supplied) in County Cork will be reviewed.
[1205/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application for 2004 suckler cow premium which
was received in the local office of my Department
on 4 May 2004. The application form was
returned to the person named as he had not indicated
the number of animals he wished to submit
for premium. This was returned and the person
named confirmed that the application was in
respect of nine cows and three heifers.
A number of queries arose following validation
of the application; six of the cows applied on had
no calves registered to them prior to the application
date of 4 May 2004. One of the six cows
was also found not to have been in the ownership
and possession of the person named at the time of
application, following validation against the cattle
movement monitoring system, CMMS, database.
Another tag number showed an invalid breed
error. an agricultural officer visited the farm to
confirm the breed of the animal showing invalid
breed error and this query was resolved. A letter
issued to the person named on 14 November
2004, advising him that six cows were being
rejected and that he had a right to appeal this
decision.
Following a second validation, it was found
that another of the animals applied on had been
slaughtered during the six-month retention
period. The slaughter records showed this animal
as having been slaughtered out of a herd other
than that of the person named. The applicant was
advised in writing on 22 March 2005 that this animal
was also rejected.
The person named was not an applicant under
any of the other bovine schemes for 2004. Therefore,
following the rejection of seven of the animals
submitted under the suckler cow scheme
there were only five remaining eligible animals.
Since the non-compliance in this case is equivalent
to 140%, the number rejected by the
number eligible, no premium was payable under
the 2004 scheme.
In addition, in accordance with the EU legislation
governing the suckler cow scheme, a penalty
of \1,569.05 was applicable. This amount was
deducted from the amount due to the person
named under the single payment scheme in 2005.
It is open to the person named to lodge an
appeal in regard to the decision of my Department
to reject his 2004 suckler cow application
and to apply a penalty. To date, no letter of
appeal has been received in regard to either of
the rejection letters that issued. However, should
the person named wish to lodge an appeal in
regard to the findings as outlined, he should do
so in writing, without further delay, outlining
clearly the basis of his appeal.
954. Mr. J. O’Keeffe asked the Minister for
Agriculture and Food if a person (details
supplied) in County Cork will be paid the 2005
single payment. [1206/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted applications
for consideration in respect of the transfer
of entitlements by way of private contract clause
and transfer as a result of the change of name on
the herd number. Following processing of both
applications, the person named was paid
\20,571.17 on 18 January 2005 in respect of the
single payment scheme.
955. Mr. J. O’Keeffe asked the Minister for
Agriculture and Food if a person (details
supplied) in County Cork will be paid the 2005
disadvantaged areas scheme grant. [1207/06]
Minister for Agriculture and Food (Mary
Coughlan): Payment in respect of the
disadvantaged areas scheme issued to the person
named on 11 January 2006.
EU Directives.
956. Mr. P. Breen asked the Minister for Agriculture
and Food the reason small pig producers
who do not require an integrated pollution, prevention
and control licence do not have a 20-
month derogation from the statutory instrument
signed on foot of the nitrates directive similar to
pig producers who require such a licence; and if
she will make a statement on the matter.
[1213/06]
957. Mr. P. Breen asked the Minister for Agriculture
and Food the reason pig producers not
requiring an integrated pollution, prevention and
control licence were not given a similar derogation
period to licensed producers in the application
of the EU nitrates directive; and if she will
make a statement on the matter. [1214/06]

677 Questions— 25 January 2006. Written Answers 678
958. Mr. P. Breen asked the Minister for Agriculture
and Food her plans to provide assistance
and support to pig producers not requiring an
integrated pollution, prevention and control
licence in order that they can maintain their
stocks and comply with the provisions of the
statutory instrument signed on foot of the nitrates
directive; and if she will make a statement on the
matter. [1215/06]
959. Mr. P. Breen asked the Minister for Agriculture
and Food her views on whether pig farmers
who do not require an integrated pollution,
prevention and control licence have a viable
future; if so, the reason they are being treated
unfairly in comparison to producers requiring an
integrated pollution, prevention and control
licence; and if she will make a statement on the
matter. [1216/06]
Minister for Agriculture and Food (Mary
Coughlan): I propose to take Questions Nos. 956
to 959, inclusive, together.
The implementation of the nitrates directive is
a matter, in the first instance, for the Minister for
the Environment, Heritage and Local Government.
That Department, in association with my
Department and in consultation with Teagasc,
has been engaged in prolonged and difficult discussions
with the European Commission on
Ireland’s proposals to implement the directive.
These discussions culminated in the making of
the European Communities (Good Agricultural
Practice for Protection of Waters) Regulations
2005 by the Minister for the Environment, Heritage
and Local Government. The regulations
come into effect on 1 February.
Throughout the discussions, the Commission
took a firm position on all matters relating to the
pig industry. The regulations include limits on the
quantities of nitrogen and phosphorus in livestock
manure that may be landspread. The
immediate imposition of these limits on the entire
pig sector would have caused difficulties since the
majority of producers do not have enough land
on which to spread the livestock manure they
produce.
The regulations, as finally agreed with the
Commission, include a significant provision that
will apply to pig producers holding IPC-IPPC
licenses, who are responsible for 80% of production.
Pending a review of each case by the
EPA, to be completed by October 2007, such producers
may continue to operate under the
licences they currently hold. This means that the
arrangements these producers have in place for
exporting their manure will continue to be valid
for some time. The most important aspect of this
is that the farmers who take pig manure from
these producers can continue to take it in accordance
with their existing nutrient management
plans.
This important concession negotiated with the
Commission recognises that these producers are
already operating under a system of regulation
approved by the EPA. Regrettably, it was not
possible to secure a similar concession for
unlicensed producers. I am aware that a number
of these producers may encounter difficulty in
finding lands on which their manure can be utilised.
I have, therefore, called on Teagasc advisers
and REPS planners to encourage their clients to
take in pig manure as a substitute for chemical
fertiliser. By doing so they will save money, while
at the same time giving valuable help to their colleagues
in the pig sector.
Following a meeting with pig industry representatives
in Donegal, I recently agreed with
Teagasc to set up a working group within the
county which will assist pig producers in meeting
the requirements of the nitrates directive. The
group will be chaired by Teagasc and will include
officials of my Department, agricultural consultants
and representatives of the farming sector,
especially pig producers and arable farmers.
Other farmers such as cereal and potato producers
would have an important complementary
role to play in assisting in the utilisation of valuable
nutrients from pig farms, and co-operation
between farmers will be critical in protecting the
future of pig production. I hope that a similar
type approach can be adopted in other counties
in assisting pig and poultry sectors in meeting the
challenges of the nitrates directive.
In the medium term, I would encourage pig
producers to look into changes in feeding regimes
which will reduce the phosphorus content of pig
manure, and to consider the use of new
technologies to separate dry matter from liquid.
Proposals for grant aid, which my officials are
currently discussing with the European Commission,
will include assistance for the purchase
of such technology. I also intend to make funds
available to support the demonstration of new
technologies for the treatment and possible use
in bio-energy production of livestock manures, in
particular from the pig and poultry sectors.
The regulations also include a separate provision
which will benefit smaller units with 100
pigs or fewer. For these, a lesser storage requirement,
16, 18, 20 or 22 weeks depending on the
zone, applies on condition that there are
adequate spreadlands on the holding to utilise all
the manure produced there without exceeding
the nitrogen and phosphorus limits in the
regulations.
Sugar Industry Reform.
960. Mr. Hogan asked the Minister for Agriculture
and Food when compensation will be paid
to a company (details supplied) in County Carlow
arising from closure of the sugar factory at
Carlow; and if she will make a statement on the
matter. [1250/06]

679 Questions— 25 January 2006. Written Answers 680
Minister for Agriculture and Food (Mary
Coughlan): The recent agreement on the reform
of the EU sugar regime provides for partial compensation
for growers for the drop in the minimum
price of beet. In the event that sugar production
ceases in Ireland, a once off payment of
almost \44 million would be available for growers
and a restructuring fund of up to \145 million,
would become available to provide compensation
for the economic, social and environmental costs
arising from factory closure. The agreement provides
that 10% of the restructuring fund shall be
reserved for sugar beet growers and machinery
contractors to compensate notably for losses arising
from investment in specialised machinery.
This amount may be increased by member states
after consultation with interested parties provided
that an economically sound balance
between the elements of the restructuring plan
is ensured.
The formal texts giving effect to the agreement
will be adopted by the Council of Ministers early
this year. The Commission will then come forward
with proposals for detailed implementing
rules. Pending the adoption of the relevant regulations
it is not possible to give further definitive
information at this stage.
Grant Payments.
961. Mr. Walsh asked the Minister for Agriculture
and Food if payment of single payment
and area based compensation will be made to a
person (details supplied). [1251/06]
Minister for Agriculture and Food (Mary
Coughlan): Payment in respect of the
disadvantaged areas scheme issued to the person
named on 16 January 2006 and payment in
respect of the single payment scheme issued to
the person named on 13 January 2006.
962. Mr. P. Breen asked the Minister for Agriculture
and Food if an application for single farm
payments for a person (details supplied) in
County Clare will be reviewed; and if she will
make a statement on the matter. [1261/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application, supported by medical evidence, for
consideration of his circumstances under the
force majeure measure of the single farm payment
scheme. While the medical evidence was nonspecific
in respect of the effect on production or
the applicant’s ability or inability to farm, it was
nevertheless accepted in good faith by my
Department. It was, therefore, decided to exclude
the 2000-2002 reference period and to base the
single farm payment entitlements on the earlier
reference period 1997-99.
However, the person named appealed this
decision on the grounds that he wished to have
1999 excluded from the calculations and have his
entitlements based on 1997 and 1998 only. During
the course of the examination of the circumstances
surrounding this appeal, it transpired that
very significant increases had occurred in the
quantity of milk quota held by the person named,
as set out in the following table.
Year
1998 quota held 50,247 gallons approximately
1999 quota held 52,033 gallons approximately
2000 quota held 68,484 gallons approximately
2001 quota held 113,437 gallons approximately
2002 quota held 116,000 gallons approximately
While the increase in 2001 is mainly attributable
to the annexation of the quota held by his spouse,
it was clear that over the years the person named
had increased his quota by approximately 23,000
gallons in his own right. My Department was of
the view that such increases were inconsistent
with an inability to farm and indicated a clear
decision by the person named to focus his production
on his dairy enterprise with a consequential
reduction in his beef enterprise. My Department
had no option but to reverse the decision to
base entitlements on the 1997-99 reference
period.
Consequently, the person named was informed
on 26 November 2005 that his single farm payment
entitlements would be based on the 2000-02
reference period. Entitlements for this reference
period, including the decoupled dairy premium,
are in excess of \13,000. There are no grounds
at this point which would merit a review of this
decision by my Department. However, the person
named may appeal this decision to the single payment
appeals committee which will carry out a
full assessment of my Department’s decision in
this case.
Question No. 963 answered with Question
No. 939.
964. Mr. P. Breen asked the Minister for Agriculture
and Food if assistance will be given to a
person (details supplied) in County Clare in their
national reserve entitlements. [1276/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application for an allocation of entitlements from
the single payments scheme national reserve
under categories B(i), B(ii) and C.
Category B caters for farmers who, between 1
January 2000 and 19 October 2003, made an
investment in production capacity in a farming
sector for which a direct payment under livestock
premia and/or arable aid schemes would have
been payable during the reference period 2000 to
2002. Investments can include purchase or longterm
lease of land, purchase of suckler and/or
ewe quota, or other investments. Category C cat-

681 Questions— 25 January 2006. Written Answers 682
ers for farmers who, between 1 January 2000 and
19 October 2003, sold their milk quota into the
milk quota restructuring scheme and converted
their enterprise to a farming sector for which a
direct payment under livestock premia and/or
arable aid schemes would have been payable during
the reference period 2000 to 2002.
More than 23,000 applications for an allocation
of entitlements from the national reserve were
received when account is taken of farmers who
applied under more than one category. Processing
of these applications continues and the
intention is to make allocations to successful
applicants at the earliest opportunity. My Department
will be in touch with individual applicants
as soon as their applications are fully processed
and formal letters setting out my Department’s
decision will issue in the near future.
965. Mr. Perry asked the Minister for Agriculture
and Food when the dairy premium will be
released for a person (details supplied); the
reason for the delay; and if she will make a statement
on the matter. [1282/06]
Minister for Agriculture and Food (Mary
Coughlan): Under EU legislation, in order to
draw down his or her full single payment, an
applicant must declare an eligible hectare to
accompany each entitlement. This requirement
was set out clearly in the documentation supplied
to farmers on a number of occasions.
While the person named established 14.48
entitlements, the single payment scheme application
form received on 10 May 2005 declared
only 13.78 forage hectares. During processing of
the application, an over-claim was discovered
which resulted in a reduction of the forage area
down to 12.1 hectares. Payment under the
scheme, amounting to \450.58, which issued on 1
December 2005 and included the dairy premium,
was based on the 12.1 eligible hectares. If the person
named declares sufficient land on his 2006
single payment scheme application, he will be in
a position to claim full entitlements.
966. Mr. Perry asked the Minister for Agriculture
and Food the reason a person (details
supplied) has not received their single payment;
the amount that will be issued; when payment will
be released; and if she will make a statement on
the matter. [1283/06]
Minister for Agriculture and Food (Mary
Coughlan): An application under the single payment
scheme was received from the person
named on 16 May 2005. A query arose in regard
to one parcel and clarification was requested
from the person named by letter dated 11
November 2005. As no reply was received my
Department issued a reminder on 9 December
2005. To date, no reply has been received from
the person named. The application cannot be
processed for payment until this issue is resolved.
967. Mr. Perry asked the Minister for Agriculture
and Food the reason a person (details
supplied) has not received their single payment;
the amount that will be issued; when payment will
be released; and if she will make a statement on
the matter. [1284/06]
Minister for Agriculture and Food (Mary
Coughlan): Payment under the single payment
scheme, in the amount of \11,467.69, issued to
the person named on 18 January 2006.
This payment represents the full amount due
to the person named, based on the area declared
on his SPS application. While the person named
had established 58.29 entitlements during the reference
period, the payment made was based on
57.54 entitlements, in accordance with the rules
of the scheme. The application received from the
person named on 16 May 2005 declared a total of
57.54 eligible hectares, together with a further
5.74 hectares for forestry.
Under EU legislation, in order to draw down
his or her full single payment, an applicant must
declare an eligible hectare to accompany each
entitlement. This requirement was set out clearly
in the documentation supplied to farmers on a
number of occasions. If the person named
declares sufficient land on his 2006 single payment
application, he will be in a position to claim
full entitlements.
968. Mr. Perry asked the Minister for Agriculture
and Food the reason a person (details
supplied) has not received their single payment;
the amount that will be issued; when payment will
be released; and if she will make a statement on
the matter. [1285/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
29 April 2005. Payment amounting to \10,073.75
in respect of the single payment issued to the person
named on 10 January 2006.
969. Mr. Perry asked the Minister for Agriculture
and Food the reason a person (details
supplied) has not received their single and area
aid payments; the amount that will be issued;
when payment will be released; and if she will
make a statement on the matter. [1286/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single paymentdisadvantaged
areas scheme on 4 May 2005. Following
initial processing, a problem was identified
with one of the parcels claimed and the person
was written to seeking clarification. The parcel in
question was the subject of a dual claim and, following
investigation, the parcel was not awarded
to the person named and was rejected
accordingly.

683 Questions— 25 January 2006. Written Answers 684
[Mary Coughlan.]
The person in question established 39.74
entitlements for 2005 with a net unit value of
\87.45, giving a total value of \3,475.26. Following
the processing of the application, however,
the rejection of the parcel concerned resulted in
an adjusted area of 31.74 hectares for payment
purposes. Payment of \2,766.78, which represented
this adjusted area, issued to the person
named on 20 January 2006.
970. Mr. Perry asked the Minister for Agriculture
and Food the reason a person (details
supplied) has not received their single payment;
the amount that will be issued; when payment will
be released; and if she will make a statement on
the matter. [1287/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application for consideration in respect of the
inheritance measure of the single payment
scheme. Following processing of that application,
the person named was notified on 20 January
2006 of the decision, that as the lands were leased
the entitlements could not be transferred by way
of gift or inheritance. an application form for the
transfer of entitlements by way of private contract
clause was forwarded to the person named
for completion.
Upon receipt of the application for transfer of
entitlements by way of private contract clause, my
Department will notify the person named of the
result of that application and arrange for the payment
of the single payment scheme if
appropriate.
971. Mr. Perry asked the Minister for Agriculture
and Food the reason a person (details
supplied) has not received their single payment;
the amount that will be issued; when payment will
be released; and if she will make a statement on
the matter. [1288/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named had submitted an
application for consideration in respect of the
inheritance measure of the single payment
scheme. Following processing of her application
the person named was notified on 19 January
2006 that her application was successful and payment
of her single payment will issue shortly.
972. Mr. Perry asked the Minister for Agriculture
and Food the reason the single payment
for a person (details supplied) has been reduced;
when the balance of payment will be released;
and if she will make a statement on the
matter. [1289/06]
Minister for Agriculture and Food (Mary
Coughlan): In general, the single payment
scheme is applicable to farmers who actively
farmed in all or any of the three reference years
2000, 2001 and 2002, who were paid livestock premia
and/or arable aid payments in one or more
of those years and who, or whose successors submit
a valid 2005 single payment scheme application.
Based on the farming activity during the
reference years, the person named established
2.43 entitlements with a net unit value of \224.55
giving a total of \545.65. an application under the
single payment scheme was received on 12 May
2005 from the person named. Payment amounting
to \545.65 which represents the full entitlement
value, issued to the person named on 1
December 2005.
The person named also applied under category
C of the national reserve which caters for farmers
who, between 1 January 2000 and 19 October
2003, sold the milk quota into the milk quota
restructuring scheme and converted their
enterprise to a farming sector for which a direct
payment under livestock premia or arable aid
schemes would have been payable during the reference
period 2000 to 2002. Allocations from the
national reserve have yet to be decided.
973. Mr. Perry asked the Minister for Agriculture
and Food the reason the single payment
for a person (details supplied) has been reduced;
when the balance of payment will be released;
and if she will make a statement on the
matter. [1290/06]
Minister for Agriculture and Food (Mary
Coughlan): Under EU legislation, in order to
draw down his or her full single payment, an
applicant must declare an eligible hectare to
accompany each entitlement. This requirement
was set out clearly in the documentation supplied
to farmers on a number of occasions. While the
person named established 73.69 entitlements, the
single payment scheme application form received
on 5 May 2005 declared a total of 45.42 forage
hectares. Payment under the scheme, therefore,
was based on the 45.42 hectares declared. If the
person named declares sufficient land on his 2006
single payment scheme application, he will be in
a position to claim full entitlements.
974. Mr. Perry asked the Minister for Agriculture
and Food when a person (details
supplied) will receive their single payment
scheme; the reason for the delay; and if she will
make a statement on the matter. [1309/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
13 May 2005. The person named applied to have
his entitlements consolidated under the 2005 single
payment scheme. His application has now
been fully processed by my Department and full
payment amounting to \5,530.70 will issue in the
coming days.

685 Questions— 25 January 2006. Written Answers 686
975. Mr. Perry asked the Minister for Agriculture
and Food when the single payment for a
person (details supplied) will be released; the
reason for the delay; and if she will make a statement
on the matter. [1349/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
10 May 2005. The person named applied to have
his entitlements consolidated under the 2005 single
payment scheme. His application has been
fully processed and full payment amounting to
\13,127.92 has issued on 24 January 2006.
976. Mr. Hayes asked the Minister for Agriculture
and Food when payment will issue under
the single payment scheme to a person (details
supplied) in County Tipperary. [1351/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named applied for consideration
in respect of the new entrant and
inheritance measures of the single payment
scheme. Following processing of his applications,
he was notified that he was successful under both
measures. However, the new entrant measure is
more financially beneficial to him and arrangements
have been made to exclude the years 2000
and 2001 from the calculation of his single payment
and to base his entitlements on 2002 only.
Arrangements have been made to have payment
in respect of this scheme issued to the person
named shortly.
977. Mr. Deenihan asked the Minister for Agriculture
and Food when payment under the single
payment scheme will be awarded to a person
(details supplied) in County Kerry; and if she will
make a statement on the matter. [1356/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
16 May 2005. The application has been fully processed
and payment has issued in respect of the
single payment scheme to the person named.
978. Mr. Hayes asked the Minister for Agriculture
and Food when payment will issue to a
person (details supplied) in County Tipperary
under the single payment scheme. [1360/06]
Minister for Agriculture and Food (Mary
Coughlan): The application under the 2005 single
payment scheme for the person named has been
fully processed and payment has issued.
Fur Farming.
979. Mr. Boyle asked the Minister for Agriculture
and Food if she has witnessed the recent
video filmed by a group (details supplied) on killing
practices at fur farming operations; and the
actions she intends to take on foot of what has
been revealed. [1371/06]
980. Mr. Boyle asked the Minister for Agriculture
and Food if her Department has engaged
in an investigation after witnessing the recent
video filmed by a group (details supplied) on killing
practices at fur farming operations; and the
outcomes which have resulted from such investigations.
[1372/06]
Minister for Agriculture and Food (Mary
Coughlan): I propose to take Questions Nos. 979
and 980 together.
Veterinary inspectors from my Department
have concluded after viewing the video referred
to by the Deputy that a breach of the license conditions
may have occurred in respect of the euthanasia
procedures. The farm owner has been interviewed
and the matter is being pursued.
Grant Payments.
981. Mr. Hayes asked the Minister for Agriculture
and Food if payment has issued to a person
(details supplied) in County Tipperary.
[1384/06]
Minister for Agriculture and Food (Mary
Coughlan): The application under the 2005 single
payment scheme for the person named has been
fully processed and payment has issued. The person
named also submitted an application under
category C of the national reserve measure which
caters for farmers who, between 1 January 2000
and 19 October 2003, sold their milk quota into
the milk quota restructuring scheme and converted
their enterprise to a farming sector for
which a direct payment under livestock premia
or arable aid schemes would have been payable
during the reference period 2000 to 2002.
More than 23,000 applications for an allocation
of entitlements from the national reserve were
received when account is taken of farmers who
applied under more than one category. Processing
of these applications is continuing and the
intention is to make allocations to successful
applicants at the earliest opportunity. My Department
will be in touch with individual applicants
as soon as their applications are fully processed
and formal letters setting out my Department’s
decision will be issued in the near future.
Farm Retirement Scheme.
982. Mr. Naughten asked the Minister for Agriculture
and Food the status of her Department’s
request to the EU Commission for approval to
increase the rate of pension for existing participants
of the ERS or early retirement scheme; and
if she will make a statement on the matter.
[1389/06]
Minister for Agriculture and Food (Mary
Coughlan): The rate of pension payable under

687 Questions— 25 January 2006. Written Answers 688
[Mary Coughlan.]
the 1994 scheme of early retirement from farming
is the maximum amount provided for by the EU
Council regulation under which the scheme was
introduced. My Department’s original proposals
for the current early retirement scheme, which
commenced on 27 November 2000 and is one of
the measures in the CAP rural development plan
for the period 2000-06, included provision for
annual increases in pension over the period of the
plan. The European Commission rejected this
proposal and insisted on legal grounds that a
fixed rate be set instead. I have not put proposals
to the Commission for an increase in the pension
under either scheme.
Grant Payments.
983. Mr. Perry asked the Minister for Agriculture
and Food when the single payment will
be issued to a person (details supplied); the
reason for the delay; and if she will make a statement
on the matter. [1411/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
16 May 2005. Payment in respect of the single
payment scheme amounting to \7,157.42 issued
to the person named on 18 January 2006.
984. Mr. McGuinness asked the Minister for
Agriculture and Food if all payments due in the
case of a person (details supplied) in County
Kilkenny have been awarded; if there is unresolved
issues in respect of the claim; and if she
will make a statement on the matter. [1442/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
29 April 2005. Following initial processing, a
problem was highlighted with one of the parcels
listed. The person named was written to by my
Department on 14 November 2005 and on 10
January 2006 requesting clarification of the issue
concerned. One of my officials has since been in
direct contact with the person named requesting
that the appropriate documentation be forwarded
to the single payment Unit. The case cannot be
processed for payment until the required documentation
is submitted by the applicant.
Forestry Sector.
985. Mr. Sargent asked the Minister for Agriculture
and Food if the benefits of more extensive
broadleaf tree planting particularly in terms of
the quantity of carbon dioxide which can be
sequestered per acre of broadleaf trees planted
on an annual basis have been assessed. [1458/06]
Minister for Agriculture and Food (Mary
Coughlan): The benefits of planting broadleaves
are well understood and at the start of the current
programming period, 2000-06, an ambitious target
was set to increase the planting of broadleaves
from 13% of new afforestation to 30% by the end
of the programme. I am happy to say that we are
well on path to reaching this target, with broadleaf
planting now representing some 29% of
new planting.
In terms of its contribution to carbon sequestration,
current estimates, averaged over the main
broadleaf species, indicate that approximately 1.3
tonnes of carbon dioxide can be sequestered per
hectare, per annum. This is equivalent to 0.54
tonnes of carbon dioxide per acre. The value of
carbon sequestration is not confined to broadleaf
species because conifers also sequester carbon
and indeed do so at a faster rate initially than
broadleaves. Over the long term, however, storage
of carbon is similar for both conifers and
broadleaves.
Departmental Properties.
986. Mr. Naughten asked the Minister for Agriculture
and Food when she intends to provide a
temporary office for the district veterinary office
in County Leitrim in view of her announcement
in 2005; the status of the temporary office project;
when she intends to have the permanent offices
completed; and if she will make a statement on
the matter. [1472/06]
Minister for Agriculture and Food (Mary
Coughlan): A site has already been acquired in
Drumshanbo for the new local office for County
Leitrim and I have asked the Office of Public
Works to complete the office as soon as possible.
In the interim it is my intention to have temporary
accommodation provided in Drumshanbo at
an early date.
Grant Payments.
987. Mr. Lowry asked the Minister for Agriculture
and Food the reason for a reduction in the
rate of a single farm payment to a person (details
supplied) in County Tipperary; if full payment
will be issued; when same will issue; and if she
will make a statement on the matter. [1508/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted applications
for consideration in respect of two
measures of the single payment scheme. The
inheritance measure for lands received by way of
gift, and the transfer of entitlements by way of
private contract clause as a result of lands leased
with accompanying entitlements. Following processing
of her Inheritance application the person
named was informed on 9 November 2005 that
her application was successful. The private contract
clause application has also been processed
and the person named was notified on 19 January
2006 that her application to transfer entitlements
for the duration of the lease was successful.

689 Questions— 25 January 2006. Written Answers 690
Arrangements are being made to have a supplementary
payment issued to the person named
as soon as possible.
988. Mr. Lowry asked the Minister for Agriculture
and Food if a single farm payment will
issue to a person (details supplied) in County
Tipperary; the reason for not issuing a payment
to date; when payment will issue; and if she will
make a statement on the matter. [1509/06]
Minister for Agriculture and Food (Mary
Coughlan): The application under the 2005 single
payment scheme for the person named has been
fully processed and payment has issued.
989. Mr. Lowry asked the Minister for Agriculture
and Food if a single farm payment will
issue to a person (details supplied) in County
Tipperary; the reason for not issuing payment to
date; when payment will issue; and if she will
make a statement on the matter. [1510/06]
Minister for Agriculture and Food (Mary
Coughlan): The establishment of entitlements is
based on farming activity during the reference
period 2000 to 2002. The person named did not
establish any entitlements based on these reference
years. The person named submitted an
application for an allocation of entitlements from
the single payments scheme national reserve
under categories A and D.
Category A caters for farmers who inherited
land or received land free of charge or for a nominal
sum from a farmer who had retired or died
by 16 May 2005 where the land in question was
leased to a third party during the reference period
2000-02. While the land concerned is being leased
by the person named, the fee involved does not
satisfy the criteria for eligibility under category
A.
Category D caters for farmers who commenced
farming after 31 December 2002 or who commenced
farming in 2002 but who received no
direct payments in respect of that scheme year.
In addition the farmer must have either purchased
or inherited land. As the person named
applied for an allocation of entitlements on
leased land only he does not quality under this
category.
Formal letters setting out my Department’s
decisions in national reserve cases will issue in the
coming weeks and all applicants will be given the
opportunity to appeal my Department’s decisions
to the Independent single payment appeals committee
at that stage.
Grant Payments.
990. Mr. Lowry asked the Minister for Agriculture
and Food the status of a REPS 2 application
for a person (details supplied) in County
Tipperary; and if she will make a statement on
the matter. [1511/06]
Minister for Agriculture and Food (Mary
Coughlan): The persons named began their
REPS contract on 1 November 1999. They were,
therefore, subject to the arrangements governing
the transition between the first REP scheme and
REPS 2. Accordingly they gave a written undertaking
to complete the measures specified in their
REPS plan over a five-year period and to integrate
and adapt that plan in a new commitment
under the new REP scheme when it came into
operation. The new scheme, REPS 2, came into
operation on 27 November 2000.
A REPS 2 plan from the persons named was
received on 31 December 200. It was rejected as
being ineligible and returned on 28 May 2002.
The persons named were given a further two
months to submit an acceptable REPS 2 plan, but
failed to do so. My Department had no option,
therefore, but to terminate their REPS plan and
seek a refund of the payments they had already
received. The persons named were told of their
right to appeal this decision to the agriculture
appeals office, but they did not exercise it. It is
open to the persons named to submit an application
under the current scheme, REPS 3. If their
application is successful, the amount to be recovered
may be offset against payments due under
REPS 3.
991. Mr. Lowry asked the Minister for Agriculture
and Food when payment will issue to a
person (details supplied) in County Tipperary;
the reason for the delay; and if she will make a
statement on the matter. [1512/06]
Minister for Agriculture and Food (Mary
Coughlan): The application under the 2005 single
payment scheme for the person named has been
fully processed and payment has issued.
992. Mr. Lowry asked the Minister for Agriculture
and Food when entitlements will be transferred
to a person (details supplied) in County
Tipperary; and if she will make a statement on
the matter. [1513/06]
993. Mr. Lowry asked the Minister for Agriculture
and Food when payment will issue to a
person (details supplied) in County Tipperary;
and if she will make a statement on the
matter. [1514/06]
Minister for Agriculture and Food (Mary
Coughlan): I propose to take Questions Nos. 992
and 993 together.
The person named sold a farm in Sligo and
retained his entitlements and purchased a holding
in Tipperary with entitlements included. The person
named subsequently, submitted applications
for consideration in respect of the transfer of
entitlements by way of gift-inheritance and
private contract clause. Following processing of
his inheritance application the person named was
notified that his inheritance application was

691 Questions— 25 January 2006. Written Answers 692
[Mary Coughlan.]
unsuccessful as he purchased the lands in question.
His private contract clause application to
transfer the entitlements purchased with the
Tipperary holding was successful, and payment of
\12,595.25 in respect of this transfer has issued.
Arrangements are being made to have the single
payment established in respect of his dairy premium
under the Tipperary herd number, amounting
to \8,359.38, issued to him as soon as possible.
My Department has forwarded application
form SPS/TR/10 to the person named, to enable
the transfer of the remaining single payment
entitlements to him, amounting to \ 3,116.75
under the Sligo herd number. Upon receipt and
processing of this form, my Department will be
in a position to notify the person named of the
outcome, and arrange for the further payment
to issue.
994. Mr. Kehoe asked the Minister for Agriculture
and Food when a single farm payment will
be awarded to a person (details supplied) in
County Kilkenny; and if she will make a statement
on the matter. [1515/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
15 May 2005. His application has been fully processed
and payment amounting to \19,495 in
respect of the single payment scheme will issue in
the coming days.
995. Mr. Connaughton asked the Minister for
Agriculture and Food when the single payment
entitlement will issue to a person (details
supplied) in County Galway; and if she will make
a statement on the matter. [1518/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named has been contacted
with regard to an overlap on a land parcel
included in her 2005 single payment scheme
application. When the single payment unit has
received a reply from the person named to
resolve this matter, her single payment application
will be processed and payment will be
issued.
996. Mr. McGuinness asked the Minister for
Agriculture and Food if the case of a person
(details supplied) in County Kilkenny will be
reviewed regarding the single payment scheme;
and if a response will be expedited. [1519/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named, having been notified
that the circumstances outlined by him did
not satisfy the criteria for force majeur — exceptional
circumstances under Article 40 of Council
Regulation (EC) No. 1782/2003, submitted an
appeal to the independent single appeals committee.
The findings of the committee were that the
circumstances put forward by the applicant did
not fall within the definition of force majeure and
that the decision of my Department should be
upheld. Subsequent to this decision, further representations
were submitted on behalf of the person
named by his agricultural consultant.
However, these papers, requesting a further
review of the case, were only received in my
Department in mid-December 2005. These papers
are under review at present and a response
will issue during the next fortnight to both the
person named and his agricultural consultant.
Consultancy Reports.
997. Mr. Naughten asked the Minister for Agriculture
and Food the funds spent by her Department
since June 1997 on consultants, legal experts
and external advice; the number of reports produced
under such contracts and the number
implemented to date by her Department; the cost
of such advice in 2005 and the planned expenditure
for 2006; and if she will make a statement on
the matter. [1538/06]
Minister for Agriculture and Food (Mary
Coughlan): The information requested by the
Deputy is being compiled and will be sent to him
within one week.
Grant Payments.
998. Mr. Ring asked the Minister for Agriculture
and Food when a person (details
supplied) in County Mayo will receive the single
farm payment. [1545/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application for consideration in respect of the
inheritance measure of the single payment
scheme. Following processing of his application,
the person named was notified on 19 January
2006 that his application was successful. Payment
in respect of the entitlements established by the
person named in his own right combined with
those transferred by way of inheritance will
issue shortly.
999. Mr. Ring asked the Minister for Agriculture
and Food when a decision will be made
on the reassessment request by a person (details
supplied) in County Mayo of a single farm payment
entitlements to include the sheep quota of
47 animals which was frozen under agri-environmental
measures. [1549/06]
Minister for Agriculture and Food (Mary
Coughlan): The review of the single payment
entitlements of applicants whose ewe quotas were
frozen under agri-environmental measures is
ongoing. My Department will make direct contact
with all of the farmers involved when the task has
been concluded.

693 Questions— 25 January 2006. Written Answers 694
1000. Mr. Ring asked the Minister for Agriculture
and Food if a person (details supplied) in
County Mayo will be allocated entitlements from
the national reserve. [1554/06]
Minister for Agriculture and Food (Mary
Coughlan): The application in this case concerns
an allocation of entitlements from the national
reserve under category B which caters for farmers
who, between 1 January 2000 and 19 October
2003, made an investment in production capacity
in a farming sector for which a direct payment
under livestock premia and/or arable aid schemes
would have been payable during the reference
period 2000 to 2002. Investments can include purchase
or long term lease of land, purchase of
suckler and/or ewe quota or other investments.
The application will be evaluated under the herd
number P2380534 which has been re-activated
since August 2005.
More than 23,000 applications for an allocation
of entitlements from the national reserve were
received when account is taken of farmers who
applied under more than one category. Processing
of these applications is continuing and the
intention is to make allocations to successful
applicants at the earliest opportunity. My Department
will be in touch with individual applicants
as soon as their applications are fully processed
and formal letters setting out my Department’s
decision will be issued in the near future.
Milk Quota.
1001. Mr. Ring asked the Minister for Agriculture
and Food her plans to assist the small
milk suppliers who got out of milk and have no
entitlements to the single farm payment scheme;
if assistance will be given particularly as only a
small number of people are in this situation; and
if she will make a statement on the matter.
[1563/06]
Minister for Agriculture and Food (Mary
Coughlan): Category C of the single payment
scheme national reserve caters for farmers who,
between 1 January 2000 and 19 October 2003,
sold their milk quota into the milk quota restructuring
scheme and converted their enterprise to a
farming sector for which a direct payment under
livestock premia/or arable aid schemes would
have been payable during the reference period
2000 to 2002. More than 3,000 applications in this
category have been received by my Department.
Registration of Title.
1002. Mr. Ring asked the Minister for Agriculture
and Food when a plot of land will be
resurveyed by the Irish Land Commission as the
absence of the map for the land is causing serious
delay to a Land Registry Office dealing application
for a person (details supplied) in County
Mayo; and if she will make a statement on the
matter. [1570/06]
Minister for Agriculture and Food (Mary
Coughlan): All necessary steps will be taken by
my staff in survey division with a view to resurveying
the plots of land within the next couple
of months.
Grant Payments.
1003. Mr. McGinley asked the Minister for
Agriculture and Food when the single farm payment
will issue to a person (details supplied) in
County Donegal. [1597/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
12 May 2005. Following initial processing of his
application certain problems were identified concerning
the boundaries of two of the parcels
listed. These matters have now been satisfactorily
resolved and payment should issue shortly.
1004. Mr. Lowry asked the Minister for Agriculture
and Food the number of farmers in
receipt of the single farm payment in each county;
the number of farmers who had payments
delayed in each county and the average length
of delay in each county; and if she will make a
statement on the matter. [1671/06]
1005. Mr. Lowry asked the Minister for Agriculture
and Food the number of farmers who
have had single farm payments delayed in County
Tipperary; the average length of each delay; when
all farmers in County Tipperary will have payments
made to them; and if she will make a statement
on the matter. [1672/06]
1006. Mr. Lowry asked the Minister for Agriculture
and Food if interest will be applied to the
payments of farmers whose single farm payments
were delayed through no fault of the individual
farmer involved; and if she will make a statement
on the matter. [1673/06]
1007. Mr. Lowry asked the Minister for Agriculture
and Food the number of staff assigned to
the single farm payments helpline each week
from December 2005 to date; the number of calls
answered each week; the average duration of
each call; if additional staff will be appointed to
assist this section; and if she will make a statement
on the matter. [1674/06]
Minister for Agriculture and Food (Mary
Coughlan): I propose to take Questions Nos. 1004
to 1007, inclusive, together.
The table supplied sets out the number of farmers
in each county whose payments under the
2005 single payment scheme had issued by 23
January 2006. The number of applications with

695 Questions— 25 January 2006. Written Answers 696
[Mary Coughlan.]
outstanding problems, which must be solved prior
to payment is also set out. Payments will continue
to issue to farmers as their applications are processed
to completion in accordance with the EU
legislation governing the single payment scheme.
Under this legislation member states may commence
payment under the single payment scheme
on 1 December of the year of application with
payments being fully processed by the following
30 June.
My priority in 2005, the first year of this new
scheme, was to maximize the number of payments
to eligible applicants by the earliest date
possible of 1 December and I am satisfied that
this was achieved. Since then it has been my
absolute priority to ensure that the issues that are
holding up the remaining cases are resolved with
the applicants concerned and that payments are
made without undue delay. To this end, I have
arranged that payments are issued on a very regular
basis as soon as the problems with the outstanding
cases are resolved.
A dedicated help line with a lo-call number was
established in April of 2005 by my Department
to assist farmers with queries relating to the single
payment scheme. From the beginning of
December the number of staff answering calls to
the help line was increased. The staff dealt with
over 17,000 calls during the first three weeks of
December. The dedication of staff to deal specifically
with the single lo-call number during
December allowed other staff to maximise the
rate of clearance of applications for payment.
Eleven lo-call numbers have replaced the single
lo-call number since 23 December. The dispersal
of the calls in a more targeted fashion was
designed to reduce the time spent by farmers in
contacting my Department and to ensure that the
person taking the call would be in a position to
deal with the specific detailed queries then being
received. This revised arrangement is working
well with farmers’ telephone queries being
resolved on an ongoing basis.
County-Code No. of SPS No. of SPS
applicants paid applicants not yet
cleared for
payment
Carlow 1,632 44
Cavan 4,744 193
Clare 5,886 296
Cork 12,316 839
Donegal 7,614 446
Dublin 642 33
Galway 11,803 581
Kerry 7,227 443
Kildare 1,983 132
Kilkenny 3,346 186
Laois 2,883 131
Leitrim 3,283 166
County-Code No. of SPS No. of SPS
applicants paid applicants not yet
cleared for
payment
Limerick 5,001 262
Longford 2,356 82
Louth 1,499 70
Mayo 11,259 473
Meath 3,641 215
Monaghan 3,859 260
Offaly 2,903 183
Roscommon 5,666 226
Sligo 3,869 199
Tipperary 6,687 418
Waterford 2,272 194
Westmeath 2,859 99
Wexford 3,979 165
Wicklow 2,006 122
Totals 121,215 6,458
1008. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food the reason for the delay in
having the EU single payment issued to a person
(details supplied) in County Cork. [1692/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted applications
for consideration in respect of both the
new entrant and inheritance measures of the single
payment scheme. Following processing of
both applications, he was notified that his application
for consideration in respect of the new
entrant measure was unsuccessful because he did
not commence farming activity during the reference
years from 2000 to 2002. The application for
consideration in respect of the inheritance
measure was successful. The application of the
person named was processed and payment
amounting to \15,142.46 in respect of the 2005
single payment scheme was made on 24 January
2006.
1009. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food the reason for the delay in
the EU single payment issuing to a person
(details supplied) in County Cork. [1693/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named lodged the single
payment scheme application form on 12 May
2005. Following initial processing of the application
a query was raised concerning a parcel of
land declared and a letter issued on 15 September
2005 to which a reply has not been received. an
official from the Department of Agriculture and
Food has contacted the person named with a view
to resolving this issue and the application will be
processed when the issue raised has been
resolved.

697 Questions— 25 January 2006. Written Answers 698
1010. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food the reason for the delay in
having payment of the EU single payment and
the forestry premium issued to a person (details
supplied) in County Cork. [1694/06]
Minister for Agriculture and Food (Mary
Coughlan): Under EU legislation, in order to
draw down his or her full single payment, an
applicant must declare an eligible hectare to
accompany each entitlement. This requirement
was set out clearly in the documentation supplied
to farmers on a number of occasions. While the
person named established 54.46 entitlements, the
single payment scheme application form received
on 26 April 2005 declared 52.07 forage hectares.
Payment amounting to \15,174.59 under the
scheme, therefore, was based on the 52.07 eligible
hectares declared. This payment was issued on 24
January 2006.
If the person named declares sufficient land on
his 2006 single payment scheme application, he
will be in a position to claim full entitlements.
Payment of the relevant forest premium will be
made in the next two weeks.
Food Labelling.
1011. Mr. P. Breen asked the Minister for Agriculture
and Food her plans to compel pork producers
to provide country of origin information
for their produce and to instigate a public awareness
campaign highlighting the existence of the
Bord Bia Origin Ireland logo; and if she will
make a statement on the matter. [1725/06]
Minister for Agriculture and Food (Mary
Coughlan): An enabling provision to allow for
the extension of our comprehensive beef labelling
regulations to require operators in the hotel, restaurant
and catering sectors to provide country of
origin information to their customers on the beef
they serve is at present before the Houses of the
Oireachtas. The Department is well advanced in
drafting the necessary beef regulations. While the
regulations will need to be submitted for EU
approval, it is hoped that this process will not
delay the making of the final regulations.
I have also written to the European Commissioner
for Health and Consumer Protection
requesting that consideration be given to
extending the rules in regard to origin labelling
of poultry meat. This is a follow up to my having
raised the issue in the Agriculture and Fisheries
Council some months ago.
The proposed enabling legislation currently
before the House will facilitate the extension of
origin labelling to pigmeat, as well as other meats.
However, all the regulations that would be necessary
will be subject to EU approval.
The Department of Agriculture and Food
ensures that primary producers and the food
industry pursue high standards of food safety and
quality. Only food produced to the highest standards
of food safety and quality should be placed
on the market. Responsibility for meeting these
standards rests primarily with the industry itself,
with the role of the regulatory authorities being
to provide assurances required by law.
In Ireland, there are a number of voluntary
quality assurance schemes in the food sector
offering additional assurances of quality. Bord
Bia operates such schemes in the beef, pigmeat,
horticulture, poultry and egg sectors. The
schemes describe the essential quality assurance
requirements from primary production right
through to the final consumer. In 2003, the European
Commission agreed to a change in the Bord
Bia “Quality Assurance Scheme” logo used on
pork and bacon to include an indication of the
country of origin. This logo provides consumers
with an assurance that all pork and bacon carrying
the logo is sourced from quality assured farms
and with information on the country of origin.
It is the policy of Bord Bia to encourage the
use of the new “Quality Assurance Scheme” logo
on eligible products, and a range of promotional
activities to increase consumer awareness of the
logo has been undertaken in recent years. In
2005, this involved a combination of television,
radio, press and outdoor advertising combined
with point of sale material in retail outlets. All
Bord Bia pigmeat promotions display the logo. A
recent national consumer awareness survey indicated
that two thirds of the population are now
aware of the “Quality Assurance Scheme” logo.
The promotional activity in this regard will continue
throughout the coming year.
Suckler Cow Quota.
1012. Mr. Neville asked the Minister for Agriculture
and Food the position regarding an application
for extra suckler quota from national
reserve for a person (details supplied) in County
Limerick. [1761/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application for an allocation of entitlements from
the single payments scheme national reserve
under categories B(i) and B(ii). Category B caters
for farmers who, between 1 January 2000 and 19
October 2003, made an investment in production
capacity in a farming sector for which a direct
payment under livestock premia and/or arable aid
schemes would have been payable during the reference
period 2000 to 2002. Investments can
include purchase or long-term lease of land, purchase
of suckler and/or ewe quota or other
investments.
More than 23,000 applications for an allocation
of entitlements from the national reserve were
received when account is taken of farmers who
applied under more than one category. Processing
of these applications is continuing and the
intention is to make allocations to successful
applicants at the earliest opportunity. The

699 Questions— 25 January 2006. Written Answers 700
[Mary Coughlan.]
Department of Agriculture and Food will be in
touch with individual applicants as soon as their
applications are fully processed and formal letters
setting out the Department of Agriculture and
Food’s decision will be issued in the near future.
Irish Horse Board.
1013. Mr. Naughten asked the Minister for
Agriculture and Food if, given that a person with
a stud-book is required to hold a valid licence,
the Irish Horse Board has such a licence when it
is in possession of stud-books; and if she will
make a statement on the matter. [1762/06]
Minister for Agriculture and Food (Mary
Coughlan): I am empowered under the provisions
of the European Communities (Equine Stud-
Book and Competition) Regulations 2004, S.I.
399 of 2004, to grant approval to a person, an
international association or organisation for the
purposes of maintaining a stud-book subject to
compliance with the requirements of the relevant
legislation in force. The Irish Horse Board is
approved to maintain the Irish horse register
which incorporates the Irish draught horse studbook
and the Irish sport horse stud-book.
Food Labelling.
1014. Mr. Naughten asked the Minister for
Agriculture and Food when she intends to introduce
country of origin food labelling within the
catering trade; and if she will make a statement
on the matter. [1765/06]
Minister for Agriculture and Food (Mary
Coughlan): An enabling provision to allow for
the extension of our comprehensive beef labelling
regulations to require operators in the hotel, restaurant
and catering sectors to provide country of
origin information to their customers on the beef
they serve is at present before the Houses of the
Oireachtas. The Committee Stage of the Bill is
due to be debated tomorrow.
The Department is well advanced in drafting
the necessary beef regulations and is currently in
consultation with the Department of Health and
Children and the FSAI on the details including
enforcement. While the regulations will then
need to be submitted for EU approval, it is hoped
that this process will not delay the making of the
final regulations. In the meantime, the representative
bodies for hotels, restaurants and pubs
have agreed to recommend to their members to
provide the information on a voluntary basis.
I have also written to the European Commissioner
for Health and Consumer Protection
requesting that consideration be given to
extending the rules on country of origin labelling
at EU level. I had raised the matter in the Agriculture
and Fisheries Council some months ago.
If this matter is not satisfactorily progressed at
EU level, I intend to bring forward proposals to
extend the information that will be available to
consumers here, on the origin of all meat they
purchase. The proposed enabling legislation currently
before the House will facilitate such a
development. However, all the regulations that
would be necessary will be subject to EU
approval.
Pension Provisions.
1015. Mr. P. McGrath asked the Minister for
Agriculture and Food the amount of money collected
by her Department by way of superannuation
payments by employees in 2003, 2004 and
2005; and where applicable, the amount paid into
the social insurance fund by those employees in
each of these years; and if she will make a statement
on the matter. [1815/06]
Minister for Agriculture and Food (Mary
Coughlan): The information requested by the
Deputy is as follows:
Year Superannuation Pay-Related Social
payments
Insurance payments
\ \
2003 2,984,675.66 4,705,645.97
2004 3,646,149.23 5,319,131.34
2005 3,821,061.97 5,535,955.63
Grant Payments.
1016. Mr. P. McGrath asked the Minister for
Agriculture and Food the reason for the delay in
processing a single payment application for a person
(details supplied) in County Westmeath; and
if the matter will be expedited. [1840/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted applications
requesting consideration in respect of new
entrant and inheritance measures of the single
payment scheme. Following processing of his
applications he was notified that his new entrant
application was refused as he had no premia payments
in the reference years from 2000 to 2002
and, therefore, he had not established entitlements
in his own right. His inheritance application
was not eligible as he had not received the
holding by way of gift or inheritance as the lands
were inherited by the mother of the person
named. The applicant was informed in writing on
23 March 2005 that his mother should apply for
the transfer of entitlements by inheritance.
To date no application requesting transfer by
way of inheritance has been submitted to the
Department of Agriculture and Food. The
Department forwarded another request on 24
January 2006 for the relevant inheritance application
form to be completed and an application
to subsequently transfer the entitlements to the

701 Questions— 25 January 2006. Written Answers 702
person named by private contract clause. Upon
receipt and processing of these documents, the
Department will be in a position to notify the person
named of his entitlements in respect of the
single payment scheme and arrange for the issue
of payment if appropriate.
1017. Mr. Kehoe asked the Minister for Agriculture
and Food the reason for the delay in processing
the single farm payment for a person
(details supplied) in County Wexford; when payment
will be made; and if she will make a statement
on the matter. [1875/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named applied to consolidate
his entitlements under the single payment
scheme. His application has been processed and
is eligible for consolidation. However, as the
applicant has declared 1.6 hectares of potatoes on
his 2005 single payment application form, a letter
has issued requesting him to confirm whether or
not he wishes to proceed with his consolidation
application. This confirmation is required
because, under the provisions of Article 51 of
Council Regulation (EC) No. 1782/2003, lands
used for the production of potatoes and/or fruit
and vegetables are not eligible to benefit from
payment under the single payment scheme and
the consolidated entitlements established in
respect of these lands will immediately revert to
the national reserve. Payment to the person
named will issue when the completed confirmation
form is returned to the Department of
Agriculture and Food.
1018. Mr. Aylward asked the Minister for Agriculture
and Food the reason for the delay in having
the single payment issued to a person (details
supplied) in County Kilkenny where all outstanding
queries have been resolved. [1892/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment and
disadvantaged areas schemes on 12 May 2005.
Following initial validation, queries arose on two
parcels claimed and the person named was written
to seeking clarification. The parcels in question
were the subject of a dual claim and the person
named contacted the Department of
Agriculture and Food to confirm that he did not
have the right to claim these parcels.
The application has now been processed for
payment. The two parcels will be rejected with
penalties, which will result in a reduced payment
to the person named. an official of the Department
of Agriculture and Food has been in direct
contact with the person advising him of the penalty
involved and of his right to appeal this
decision.
1019. Mr. Aylward asked the Minister for Agriculture
and Food the reason for the delay in having
the single payment issued to a person (details
supplied) in County Kilkenny where all outstanding
queries have been resolved. [1893/06]
Minister for Agriculture and Food (Mary
Coughlan): An application under the single payment
scheme was received from the person
named on the 11 May 2005. As part of the control
procedures under EU legislation governing the
single payment scheme, the application was randomly
selected for inspection. The inspection
process was completed and payment amounting
to \2,432.42 issued to the person named on 22
December 2005.
1020. Mr. Aylward asked the Minister for Agriculture
and Food the reason for the delay in having
the single payment issued to a person (details
supplied) in County Kilkenny where all outstanding
queries have been resolved. [1894/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted applications
for consideration in respect of the inheritance,
the private contract clause and the consolidation
measures of the single payment scheme.
During the processing of his inheritance application
the person named was requested on 20
April and 2 August 2005 to submit documentation
to enable the Department of Agriculture
and Food to process his application. He
was also contacted by telephone on 19 January
2006 reminding him to submit the requested
documentation. This documentation has yet to be
submitted to the Department of Agriculture and
Food. Upon receipt of a copy of the deed of
transfer, a decision will be made in respect of the
inheritance application.
The private contract clause application has
been processed and the person named was notified
on 11 November 2005 that his application to
transfer entitlements for the duration of the lease
was successful. The consolidation application was
rejected because it was established that the person
named did not need to consolidate his entitlements
in order to benefit from his single payment.
Bullying in the Workplace.
1021. Mr. Timmins asked the Minister for Agriculture
and Food the policy to deal with bullying
in her Department; if same has been circulated to
all employees; if there are outstanding law cases
regarding the issue by employees; if cases were
dealt with or settled since 1 January 2000, and if
so, the number of same; if her Department has
legislation dealing with the issue of bullying or
plans to introduce such legislation; and if she will
make a statement on the matter. [1911/06]
Minister for Agriculture and Food (Mary
Coughlan): A revised bullying policy document

703 Questions— 25 January 2006. Written Answers 704
[Mary Coughlan.]
entitled, A Positive Working Environment — an
Anti Harassment, Sexual Harassment and Bullying
Policy for the Civil Service, issued to all staff
in the Department of Agriculture and Food in
September 2005. This document was produced in
association with staff associations, agreed centrally
and applies across the Civil Service.
Accordingly, the harassment bullying policy of
the Department of Agriculture and Food is
guided by the principles and procedures set out
in this document.
There is currently one bullying law case outstanding
by a staff member yet to be settled.
Departmental Staff.
1022. Mr. Timmins asked the Minister for Agriculture
and Food the bonuses that were paid to
her staff for the year ending 31 December 2005;
the amount of money that was paid; the way in
which this was calculated; and if she will make a
statement on the matter. [1926/06]
Minister for Agriculture and Food (Mary
Coughlan): In recognition of exceptional performance
by staff, the Minister for Finance, with
effect from 1 November 1998, sanctioned expenditure
of not more than 0.2% of subhead A1, salaries,
wages and allowances, in respect of ex
gratia payments or other awards to individual
staff members or groups of staff by way of recognition
for exceptional performance of duty.
Awards under this provision can be made in the
case of all grades below assistant secretary level.
In 2005 a total of \334,160 was paid out in respect
of work carried out in 2004.
Civil Service posts at the levels of assistant secretary
and deputy secretary are covered by a
scheme of performance related awards, which are
paid by the Department of Finance.
Grant Payments.
1023. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food when payment of the EU
single payment will issue to a person (details
supplied) in County Cork; and the reason there
has been a delay in issuing this payment.
[1931/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
6 May 2005. The herdowner also applied to have
his entitlements consolidated under the 2005 single
payment scheme consolidation measure. This
application has been processed and full payment
in the amount of \17,843.49 will issue shortly.
1024. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food when the EU single payment
will issue to a person (details supplied) in
County Cork; and the reason there has been a
delay in issuing this payment. [1932/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named lodged a single
payment scheme application form on 15 May
2005. Following processing of the application certain
queries were raised that have now been fully
resolved. Payment will issue shortly.
1025. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food the reason the EU single
payment has not issued to a person (details
supplied) in County Cork. [1933/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted applications
for consideration in respect of the new
entrant measure of the single payment scheme,
for producers commencing an agricultural activity
during the reference years from 2000 to 2002 and
the transfer of entitlements by way of private contract
as a result of a lease. Following processing
of his new entrant application the person named
was notified that his application was successful
and that the years 2000 and 2001 would be
excluded from the calculation of his single payment.
He was also notified that his private contract
clause application was also successful and
the entitlements accompanying the leased land
have been transferred for the duration of the
lease to him. Payment in respect of single payment
scheme is scheduled to issue to the person
named shortly.
1026. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food the reason the EU single
payment has not issued to a person (details
supplied) in County Cork; and when this payment
will issue. [1934/06]
Minister for Agriculture and Food (Mary
Coughlan): An application under the single payment
scheme was received from the person
named on 11 May 2005. During processing of this
application a query arose which has since been
resolved and payment of \29,386.83 issued to the
person named on 20 January 2006.
1027. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food the reason for the delay in
having the EU single payment issued to a person
(details supplied) in County Cork; and if the
necessary arrangements will be made to have
payment issued. [1944/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
16 May 2005. The herdowner also applied to have
his entitlements consolidated under the 2005 single
payment scheme. This application has been
processed and full payment in the amount of
\15,363.02 will issue shortly.

705 Questions— 25 January 2006. Written Answers 706
Poultry Industry.
1028. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food if a registration form will
be forwarded to a person (details supplied) in
County Cork. [1945/06]
Minister for Agriculture and Food (Mary
Coughlan): An application for the poultry
flockowners register has been sent to the person
concerned and on completion it should be
returned to the Department’s local office in Cork.
The Deputy will be aware that it is a requirement
for all domestic poultry flockowners and for
those who trade in domestic poultry or other captive
birds for sale or sporting purposes, including
such enterprises as aviaries, pet farms, game clubs
and pigeon breeders, to have registered with the
Department of Agriculture and Food by 31
December 2005. The requirement to register does
not extend to owners of pet birds kept in
domestic households. Application forms for registration
are available from the Department of
Agriculture and Food’s local offices, from the
Department’s website or by contacting the
Department’s avian flu helpline at 01-6072512.
Grant Payments.
1029. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food the reason for the delay in
having the EU single payment issued to a person
(details supplied) in County Cork. [1946/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named to date has not
submitted a request to have entitlements transferred
to him as a result of the transfer of a holding
by way of gift or inheritance or private contract
clause. an application form to transfer
entitlements by way of gift or inheritance has
been posted to the person named for completion.
Upon receipt and processing of that application
form, the Department of Agriculture and Food
will be in a position to notify the person named of
his entitlements in respect of the single payment
scheme and arrange for the issue of payment, if
appropriate.
1030. Mr. Walsh asked the Minister for Agriculture
and Food if the single farm payment will
be awarded to a person (details supplied) in
County Cork. [2066/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
9 May 2005. The applicant also applied to have
his entitlements consolidated under the 2005 single
payment scheme consolidation measure. This
application has now been processed and full payment
will issue shortly.
1031. Mr. Walsh asked the Minister for Agriculture
and Food if the single farm payment will
be awarded to a person (details supplied) in
County Cork. [2067/06]
Minister for Agriculture and Food (Mary
Coughlan): Under EU legislation, in order to
draw down his or her full single payment, an
applicant must declare an eligible hectare to
accompany each entitlement. This requirement
was set out clearly in the documentation supplied
to farmers on a number of occasions.
While the person named established 25.51
entitlements, the single payment scheme application
form received on 11 May 2005 declared
21.90 forage hectares. Payment amounting to
\8,597.90 paid on 1 December 2005 was, therefore,
based on 21.90 hectares declared. If the person
named declares sufficient land on his 2006
single payment scheme application, he will be in
a position to claim full entitlements.
1032. Mr. Walsh asked the Minister for Agriculture
and Food if the single farm payment will
be made available to a person (details supplied)
in County Cork. [2073/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
12 May 2005. He applied to have his entitlements
consolidated under the 2005 single payment
scheme. His application has been processed and
payment amounting to \22,930.73 in respect of
the single payment scheme issued to the person
named on 24 January 2006.
1033. Mr. Walsh asked the Minister for Agriculture
and Food if the single farm payment will
be made available to a person (details supplied)
in County Cork. [2074/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
13 May 2005. The applicant also applied to have
her entitlements consolidated under the 2005 single
payment scheme consolidation measure. This
application has been processed and full payment
amounting to \5,253.99 will issue shortly.
1034. Mr. Walsh asked the Minister for Agriculture
and Food if the single farm payment will
be made available to a person (details supplied)
in County Cork. [2075/06]
Minister for Agriculture and Food (Mary
Coughlan): An application under the single payment
scheme was received from the person
named on 12 May 2005. Following initial processing,
a problem was identified in respect of
one land parcel listed. While the person named
has been written to by the Department of Agriculture
and Food, the issue raised has yet to be
satisfactorily resolved. It will be appreciated that

707 Questions— 25 January 2006. Written Answers 708
[Mary Coughlan.]
payment cannot be made while this matter
remains unresolved.
1035. Mr. Walsh asked the Minister for Agriculture
and Food if the single farm payment will
be made available to a person (details supplied)
in County Cork. [2076/06]
Minister for Agriculture and Food (Mary
Coughlan): The application received from the
person named under the 2005 single payment
scheme has been fully processed and payment
will issue shortly.
1036. Mr. Walsh asked the Minister for Agriculture
and Food if the single farm payment will
be made available to a person (details supplied)
in County Cork. [2085/06]
Minister for Agriculture and Food (Mary
Coughlan): Under EU legislation, in order to
draw down his or her full single payment, an
applicant must declare an eligible hectare to
accompany each entitlement. This requirement
was set out clearly in the documentation supplied
to farmers on a number of occasions. While the
person named established 46.77 entitlements, the
single payment scheme application form received
on 16 May 2005 declared only 37.92 forage hectares.
Payment amounting to \11,666.67 based on
37.92 eligible hectares will issue shortly to the
person named. If the person named declares
sufficient land on his 2006 single payment scheme
application, he will be in a position to claim full
entitlements.
1037. Mr. Walsh asked the Minister for Agriculture
and Food if the single farm payment will
be made available to a person (details supplied)
in County Cork. [2086/06]
Minister for Agriculture and Food (Mary
Coughlan): Under EU legislation, in order to
draw down his or her full single payment, an
applicant must declare an eligible hectare to
accompany each entitlement. This requirement
was set out clearly in the documentation supplied
to farmers on a number of occasions. While the
person named established 73 entitlements, the
single payment scheme application form received
on 13 May 2005 declared only 56.90 forage hectares.
Payment under the scheme, therefore, was
based on the 56.90 hectares declared and the
amount issued to the person named on 1
December 2005 was \18,868.28. If the person
named declares sufficient land on his 2006 single
payment scheme application, he will be in a position
to claim full entitlements.
1038. Mr. Walsh asked the Minister for Agriculture
and Food if the single farm payment will
be made available to persons (details supplied) in
County Cork. [2087/06]
Minister for Agriculture and Food (Mary
Coughlan): The persons named applied for consideration
in respect of the new entrant, inheritance
and private contract clause measures of the
single payment scheme. Following processing of
their applications they were notified that their
new entrant application was unsuccessful, as they
had established no entitlements during the reference
years from 2000 to 2002. The application to
transfer entitlements by way of private contract
clause was refused as the transfer in question was
by way of inheritance. Therefore, their inheritance
application was successful and the entitlements
received by way of inheritance have been
transferred to them.
Payment of \9,505.10 under the 2005 single
payment scheme issued to them on 24 January
2005. However it did not reflect the special condition
entitlements that they had established, in
their own right prior to the transfer. A supplementary
payment will issue to them early
next week.
1039. Mr. Connaughton asked the Minister for
Agriculture and Food when a decision will be
made on an application under the single payments
scheme for a person (details supplied) in
County Galway; and if she will make a statement
on the matter. [2091/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application for the transfer of entitlements by
way of private contract clause. In the course of
processing this application it was clear to the
Department of Agriculture and Food that the
person named should have applied for the
transfer of entitlements on the grounds of inheritance.
The applicant was notified of this matter on
15 November 2005 and the appropriate application
form was forwarded to the person named
for completion but no application has been
received to date.
Upon receipt of the application form and the
relevant supporting documentation, the Department
of Agriculture and Food will be in a position
to process the application and notify the person
named of her entitlements in respect of the
single payment scheme and arrange for the issue
of payment, if appropriate.
Poultry Industry.
1040. Caoimhghín ÓCaoláin asked the Minister
for Agriculture and Food the further
measures which have been undertaken to protect
the future of the poultry industry here in view of
the spread of avian flu in Turkey; and if she will
make a statement on the matter. [2142/06]
Minister for Agriculture and Food (Mary
Coughlan): The protection of the Irish poultry
industry is of critical importance in the face of a
threat of an outbreak of avian flu. However, the

709 Questions— 25 January 2006. Written Answers 710
recent events in Turkey, including the sad deaths
of a number of people, do not alter the risk of
the disease being introduced into Ireland. The
evidence is that the virus was introduced into
Turkey by migrating wild birds and the human
cases appear to have come from direct contact
with infected poultry.
While the Department of Agriculture and
Food has introduced a range of measures particularly
since last summer, aimed at minimising the
risk of the introduction of avian flu into Ireland,
we have not taken any specific additional
measures in response to the most recent events in
Turkey. However, when the initial outbreak was
confirmed in Turkey last October, the European
Commission extended the safeguard measures to
Turkey, which involve a ban on the importation
into the European Union of live poultry, most
poultry products and untreated feathers.
The Department of Agriculture and Food is
constantly reviewing its contingency arrangements
with a view to minimising Ireland’s
exposure to avian flu and, based on a risk assessment,
will introduce additional measures where
this is considered appropriate. Such additional
measures may, for example, require that all poultry
be kept indoors if it is determined that there
is a high risk of the introduction of highly pathogenic
avian flu.
In addition, the Department of Agriculture and
Food, has renewed an awareness campaign aimed
at advising people travelling abroad, poultry
flockowners, and employers of the measures they
can take to help maintain Ireland’s avian flu-free
status. This campaign includes the placing of
advice and information notices in the national
newspapers, the use of travel advice posters in
various languages at ports and airports and a
detailed information booklet is being posted to
every registered poultry flockowner in the country,
containing information on the symptoms of
the disease, biosecurity advice, advice for
employers as well as advice on the cleaning and
disinfection of poultry houses and vehicles. These
measures, if followed properly, will all help to
minimise the risk of introduction and spread of
the disease and will play a key role in protecting
the Irish poultry industry, should there be an
outbreak.
The Department of Agriculture and Food is
also working very closely with our colleagues in
the Department of Agriculture and Rural Affairs
in Northern Ireland on all matters of mutual concern
in relation to avian flu, including the presence
of a significant and intensive poultry industry
on either side of the Border.
I am satisfied that the wide range of measures
taken and implemented by the Department of
Agriculture and Food represents an appropriate
response to the current level of risk. This is something
which we keep under constant review and I
will not hesitate to introduce such additional
measures as may be considered appropriate from
time to time.
Grant Payments.
1041. Mr. Deasy asked the Minister for Agriculture
and Food the reason for the delay in payment
under the single payment scheme for a person
(details supplied) in County Waterford; and
when payment will issue. [2234/06]
Minister for Agriculture and Food (Mary
Coughlan): An application under the 2005 single
payment scheme was received from the person
named on 16 May 2005. Following initial processing,
a problem was identified in respect of
one land parcel listed on the application. On
receipt of correspondence from the person
named, an eligibility issue was identified regarding
this land parcel. The Department of Agriculture
and Food has again been in contact with
the person named seeking further clarification on
this matter. The Department of Agriculture and
Food cannot process this application while this
matter remains unresolved.
Departmental Programmes.
1042. Mr. Kenny asked the Minister for Agriculture
and Food if her Department has produced
an annual corporate procurement plan in respect
of each of the years 2000 to 2005; and if she will
make a statement on the matter. [2246/06]
Minister for Agriculture and Food (Mary
Coughlan): The Department of Agriculture and
Food has in place a financial procedures manual,
which incorporates substantial and detailed
guidelines on the procurement process. These
procedures are based on EU directives and
Department of Finance public procurement
guidelines. The Department of Agriculture and
Food ensures adherence to these guidelines.
The requirement to produce an annual corporate
procurement plan arises from the national
procurement policy framework, which was issued
by the Department of Finance in May 2005. In
line with this framework, the Department of
Agriculture and Food has undertaken steps to
produce a corporate procurement plan in 2006.
Departmental Bodies.
1043. Ms Shortall asked the Minister for Agriculture
and Food the bodies under the aegis of
her Department which have not provided her
with a 2004 annual report; and in the case of each
body from whom she has received such a report
if same has been laid before the Houses of the
Oireachtas. [2285/06]
Minister for Agriculture and Food (Mary
Coughlan): All of the bodies under the aegis of
the Department of Agriculture and Food have
provided annual reports in respect of 2004 and

711 Questions— 25 January 2006. Written Answers 712
[Mary Coughlan.]
they have been laid before the Houses of the
Oireachtas.
Grant Payments.
1044. Mr. P. McGrath asked the Minister for
Agriculture and Food the reason a person (details
supplied) in County Cork has received a single
farm payment cheque at a rate which is significantly
less than the amount stated in their letter
of eligibility; and if she will make a statement on
the matter. [2306/06]
Minister for Agriculture and Food (Mary
Coughlan): Under EU legislation, in order to
draw down his or her full single payment, an
applicant must declare an eligible hectare to
accompany each entitlement. This requirement
was set out clearly in the documentation supplied
to farmers on a number of occasions. While the
person named established 10.86 entitlements, the
single payment scheme application form received
on 10 May 2005 declared 7.83 eligible hectares.
Payment under the Scheme, which amounted to
\3,341.77, was based on the 7.83 hectares
declared. If the person named declares sufficient
land on his 2006 single payment scheme application,
he will be in a position to claim full
entitlements.
1045. Mr. N. O’Keeffe asked the Minister for
Agriculture and Food if the ongoing delay in having
payment issued to a person (details supplied)
in County Cork under the EU single payment
scheme will be investigated; if her attention has
been drawn to the fact that her Department was
notified on a number of occasions that the land
owner’s spouse was deceased since 1992 and that
this person has farmed the land in question since
1992 and earned the entitlements under this
scheme for the reference years, 2000 to 2002,
inclusive, in their own right; and if her attention
has further been drawn to the fact that this
spouse has received all premia payments.
[2323/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted applications
requesting consideration in respect of
transfer of entitlements by way of private contract
clause. Following processing of her application
she was notified on 7 December 2005 that
she should submit an application form in respect
of the inheritance measure to transfer the entitlements
as a result of her late husband’s death,
prior to transferring them by way of private contract
clause, to the qualifying transferee. To date
no application requesting transfer by way of
inheritance has been submitted. My Department
has issued a reminder for the submission of the
inheritance application form.
Upon receipt and processing of these documents,
my Department will be in a position to
notify the person named of her entitlements in
respect of the single payment scheme and arrange
for them to be transferred to the qualifying
transferee.
1046. Mr. Deenihan asked the Minister for
Agriculture and Food when payment under the
single payment scheme will be made to a person
(details supplied) in County Kerry; and if she will
make a statement on the matter. [2359/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the single payment scheme on
11 May 2005. The application has been fully processed
and payment has issued in respect of the
single payment scheme to the person named.
1047. Mr. P. Breen asked the Minister for Agriculture
and Food the reason extensification was
not included for the year 2000 in the single farm
payment for a person (details supplied) in County
Clare; and if she will make a statement on the
matter. [2366/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted two
applications under the 2000 special beef premium
scheme in respect of a total of 14 animals. The
first application, in respect of nine animals for
bull premium, was received on 20 October 2000
and the second application, in respect of three
animals for the second age premium and two animals
for the bull premium, was received on 29
December 2000.
In accordance with the provisions of the relevant
EU regulations the person named is
required to complete and return details of animals
held by him on his holding at five nominated
dates. As this information was not submitted, the
person named was not entitled to payment of the
extensification premium.
On-farm Investment Schemes.
1048. Mr. Walsh asked the Minister for Agriculture
and Food the position regarding on-farm
grants, such as rates of grant, criteria, thresholds
and so on from 1 January 2006. [2394/06]
Minister for Agriculture and Food (Mary
Coughlan): EU state aid approval has been
sought from the EU Commission for a revised
farm waste management scheme to enable farmers
meet the additional requirements of the
nitrates directive.
The proposed changes include: introduction of
a standard grant rate of 60%, with 70% being
available in the four zone C counties, for both
animal housing and slurry storage — the current
standard grant rate for such work is 40%; extension
of the maximum income unit ceiling for
farmers from 450 to 650 income units, with no
upper limit being applied in the case of pig and

713 Questions— 25 January 2006. Written Answers 714
poultry farmers; increase in the maximum eligible
investment from \75,000 to \120,000 per holding;
removal of any minimum income requirement
from farming from the scheme so all small farmers
can participate in the scheme; extension of the
scheme to include horses, deer, goats, pigs and
poultry and mushroom compost; introduction of
a new 40% grant rate for specialised equipment
with specific environmental advantages, subject
to a maximum eligible investment of \80,000 in
the case of decanter centrifuge systems and feeding
systems for pigs and \40,000 in the case of
specialised slurry spreading tankers and related
equipment; increase in the maximum eligible
investment for standard mobile equipment from
\11,000 to \15,000.
The revised scheme will be introduced as soon
as the required EU approval has been received.
There are no changes to the conditions of the
other general on-farm investment schemes
operated by my Department with effect from 1
January 2006, namely, the dairy hygiene scheme,
the alternative enterprises scheme and the pig
welfare scheme.
Grant Payments.
1049. Mr. Stanton asked the Minister for Agriculture
and Food when the single payment due
on 1 December 2005 will be awarded to a person
(details supplied) in County Cork; and if she will
make a statement on the matter. [2450/06]
Minister for Agriculture and Food (Mary
Coughlan): Under EU legislation, to draw down
his or her full single payment, an applicant must
declare an eligible hectare to accompany each
entitlement. This requirement was set out clearly
in the documentation supplied to farmers on a
number of occasions.
While the person named established 72.72 standard
and 7.34 set aside entitlements, the single
payment scheme application form received on 15
May declared 72.61 forage hectares and 1.61 eligible
hectares of set aside. He had also declared
5.73 hectares of forestry set aside, which does
satisfy eligibility requirements for set aside but is
not eligible for the set aside payment. Payment
under the scheme, therefore, was based on 74.22
hectares and issued to the person named on 24
January 2006.
If the person named declares sufficient lands
on his 2006 single payment scheme application,
he will be in a position to claim full entitlements.
1050. Mr. Stanton asked the Minister for Agriculture
and Food when the single payment due
on 1 December 2005 will be awarded to a person
(details supplied) in County Cork; and if she will
make a statement on the matter. [2451/06]
Minister for Agriculture and Food (Mary
Coughlan): An application under the single payment
scheme was received from the person
named on 16 May 2005. Following processing of
the application, a number of queries were raised
by my Department with the person named
regarding the land declared on his application
form. However, all issues are now resolved and
payment will issue shortly.
1051. Mr. Stanton asked the Minister for Agriculture
and Food when the single payment due
on 1 December 2005 will be awarded to persons
(details supplied) in County Cork; and if she will
make a statement on the matter. [2452/06]
Minister for Agriculture and Food (Mary
Coughlan): The persons named lodged their single
payment scheme application form on 3 May
2005. Following processing of the application
some queries were raised concerning the land
declared and a letter issued on 17 September 2005
to which a reply has not been received. an official
from my Department has recently contacted the
applicants with a view to resolving this issue.
1052. Mr. Perry asked the Minister for Agriculture
and Food the reason a person’s single
payment is so low (details supplied); and if she
will make a statement on the matter. [2465/06]
Minister for Agriculture and Food (Mary
Coughlan): In general, the single payment
scheme is applicable to farmers who actively
farmed in all or any of the three reference years
2000, 2001 and 2002, who were paid livestock premia
and/or arable aid payments in one or more
of those years and who, or whose successors, were
farming in 2005. Based on the farming activity
during the reference years, the person named
established 18.17 entitlements with a net unit
value of \78.36.
An application under the single payment
scheme was received on 9 May 2005 from the person
named. Payment amounting to \1,423.74,
which represents the full entitlement value, issued
to the person named on 1 December 2005.
1053. Mr. Penrose asked the Minister for Agriculture
and Food if she will take steps to ensure
that a single farm payment which is due to a person
(details supplied) in County Westmeath is
awarded to them, particularly in view of the circumstances
as set out in correspondence to her
Department on 9 January 2006; and if she will
make a statement on the matter. [2476/06]
Minister for Agriculture and Food (Mary
Coughlan): The person named submitted an
application under the 2005 single payment
scheme on 4 May 2005. However, the entitlements
under the scheme were established by the
late husband of the person named. No application
was received from the person named to have
these entitlements transferred. an official of my
Department is in direct contact with the person

715 Questions— 25 January 2006. Written Answers 716
[Mary Coughlan.]
named in an effort to resolve this issue as a
matter of urgency.
Farm Waste Management.
1054. Mr. Crawford asked the Minister for
Agriculture and Food when the new grant structures
will be available to farmers for necessary
farm buildings and slurry storage; if same will be
available to all farmers; and if she will make a
statement on the matter. [2534/06]
Minister for Agriculture and Food (Mary
Coughlan): EU state aid approval has been
sought for a revised farm waste management
scheme to assist farmers meet the additional
requirements of the nitrates directive.
Subject to receipt of the required EU approval,
the proposed changes include: introduction of a
standard grant rate of 60%, with 70% being available
in the four zone C counties, for both animal
housing and slurry storage — the current standard
grant rate for such work is 40%; extension
of the maximum income unit ceiling for farmers
from 450 to 650 income units, with no upper limit
being applied in the case of pig and poultry farmers;
increase in the maximum eligible investment
from \75,000 to \120,000 per holding; removal of
any minimum income requirement from farming
from the scheme so all small farmers can participate
in the scheme; extension of the scheme to
include horses, deer, goats, pigs and poultry, and
mushroom compost; introduction of a new 40%
grant rate for specialised equipment with specific
environmental advantages, subject to a maximum
eligible investment of \80,000 in the case of
decanter centrifuge systems and feeding systems
for pigs and \40,000 in the case of specialised
slurry spreading tankers and related equipment;
increase in the maximum eligible investment for
standard mobile equipment from \11,000 to
\15,000.
Freedom of Information.
1055. Ms Burton asked the Minister for Agriculture
and Food the public bodies and agencies
within her Department exempted from the full
remit of the freedom of information legislation;
and if she will make a statement on the
matter. [2741/06]
Minister for Agriculture and Food (Mary
Coughlan): There are currently no public bodies
or agencies within my Department exempted
from the full remit of the freedom of information
legislation. Currently the Freedom of Information
Acts are in the process of being extended
to apply to the Veterinary Council and the Irish
Horse Board.
Maternity Leave.
1056. Mr. Bruton asked the Minister for
Justice, Equality and Law Reform the reason the
extension of maternity leave has not come
immediately into effect; and if his attention has
been drawn to the fact that many mothers who
are due to take leave feel unfairly treated by waiting
two months to implement this change.
[40179/05]
1057. Mr. Rabbitte asked the Minister for
Justice, Equality and Law Reform the reason the
extended entitlements to paid and unpaid
maternity leave, announced in budget 2006, will
not come into operation until March 2006; if his
attention has been drawn to the sense of disappointment
among women due to take maternity
leave in January or February 2006; his views on
an earlier date for the introduction of the new
arrangements; if not, if administrative arrangements
will be made that would allow persons who
take maternity leave after 1 January 2006 to
reapply for the four week extension; and if he will
make a statement on the matter. [40264/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1056 and 1057 together.
I refer the Deputies to my detailed answer on
14 December last to Question No. 288 regarding
the increases in maternity and adoptive leave
announced by the Minister for Finance in his financial
statement of 7 December 2005. Draft
orders providing for the increases were placed
before both Houses on 18 January last and
motions regarding resolutions on the draft orders
are on today’s Order Papers for the Dáil and
Seanad. While I cannot pre-empt the decision of
the Oireachtas on this matter, I hope to be in a
position to make the orders on 1 February 2006,
with the consent of the Ministers for Finance and
Social and Family Affairs, giving effect to the
increases to employees who commence their
maternity leave or additional maternity leave on
or after 1 March 2006 and 1 March 2007 as the
case may be.
Under both the Maternity Protection Act 1994
and the Adoptive Leave Act 1995, a person taking
maternity or adoptive leave must give four
weeks notice to their employer of taking such
leave. It is, therefore, necessary for me to provide
that the orders will take effect four weeks after
they are signed into law in order to comply with
the four week notice requirements under both
Acts.
Visa Applications.
1058. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform the reason
non-nationals are asked to reapply for entry and
exit visas even when entitled to remain here; the
further reason this practice does not apply in
other EU countries; and if he will make a statement
on the matter. [1102/06]

717 Questions— 25 January 2006. Written Answers 718
Minister for Justice, Equality and Law Reform
(Mr. McDowell): All visa required non-national
residents in Ireland who wish to leave the State
and re-enter later are required to obtain a reentry
visa under the terms of the Immigration Act
2004 (Visas) Order 2005. Although the Schengen
area of the European Union does not have a reentry
visa requirement, it is my understanding
that some of the new member states do impose
such a requirement. There is no provision for exit
visas in Irish immigration law or practice.
The issue of the re-entry visa requirement was
addressed in the discussion document, Immigration
and Residence in Ireland, which I published
in April 2005. It was proposed that the reentry
visa regime should be reviewed in view of
the proposed developments in the visa service, in
particular computerisation and the ongoing
developments in the registration system operated
by the Garda National Immigration Bureau,
GNIB.
The re-entry visa processing function has
recently been transferred from the Department
of Foreign Affairs to the Irish naturalisation and
immigration service, INIS, which is an executive
office in my Department. The review of the reentry
visa regime will take place once the changes
resulting from the transfer have been fully
implemented within the INIS.
1059. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform if a visitor’s
visa will issue for a person (details supplied); and
if persons will be given the maximum support.
[1202/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I can advise the Deputy that the
visa was approved on 20 January 2006.
Juvenile Offenders.
1060. Mr. Bruton asked the Minister for
Justice, Equality and Law Reform the role his
office will take in youth justice; his plans to
further act on the report on the youth justice
review; the Department Secretary General who is
responsible for this policy implementation; and if
he will make a statement on the matter.
[1574/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): In October 2004, the Government
endorsed a joint proposal from the Minister
for Justice, Equality and Law Reform and from
the Minister of State with responsibility for children
to examine the scope for rationalising and
restructuring the delivery of the State’s services
in the area of youth justice in accordance with the
Children Act 2001. To this end, an internal project
team was established charged with: conducting
an overarching analytical review and
scoping exercise, both nationally and internationally;
consulting with stakeholders in the
governmental and non-governmental sectors;
bringing forward recommendations for any necessary
institutional reform.
The report on the youth justice review, a copy
of which has been placed in the Oireachtas
Library, was examined in the social inclusion
institutional framework last June. The Cabinet
committee on social inclusion, CCSI, approved
the thrust of the recommendations at that time.
The CCSI agreed also that proposals on the legal
and structural amendments necessary to give
effect to the recommendations should be brought
to Government before the end of the year.
On 13 December last, the Government noted
the youth justice report and approved its publication.
The Government agreed also to
implement the report’s key findings, including the
establishment on a non-statutory basis of a youth
justice service as an executive office of the
Department of Justice, Equality and Law Reform
under the strategic direction of the new office of
the Minister of State with responsibility for children.
The remit of the new youth justice service
is: to develop a unified youth justice policy; to
devise and implement a national youth justice
strategy; to manage all youth detention facilities;to
manage the implementation of the Children
Act 2001; to establish and administer
national and local youth justice oversight
arrangements.
The new measures require the transfer of legal
and administrative responsibilities for the detention
of offenders under 18 years from the Department
of Education and Science and from the Irish
Prison Service. However, the educational ethos
of the children detention schools will be retained
within the new structures, with a greater emphasis
on vocational training to cater for the broader
age group.
Other important elements agreed by Government
include the establishment within the Health
Service Executive of a parallel national management
structure for children in need of special care
and support. Responsibility for the continuation
of educational services for young offenders in
detention and the preparation of a global strategy
on such services for all children in special residential
accommodation will lie with the Department
of Education and Science.
The Government also approved the drafting of
the official amendments to the Criminal Justice
Bill 2004 necessary to give effect to the proposals
arising from the youth justice report and from
other related matters. I have circulated the proposed
amendments to the Human Rights Commission,
the Office of the Ombudsman for Children
and to the Joint Committee on Justice,
Equality, Defence and Women’s Rights.
In a separate but extremely relevant decision
last December, the Government established the
office of the Minister of State with responsibility
for children within the Department of Health and
Children. The new office brings together for

719 Questions— 25 January 2006. Written Answers 720
[Mr. McDowell.]
policy co-ordination purposes the relevant staff
working on a range of functions in the Departments
of Health and Children; Justice, Equality
and Law Reform; and Education and Science.
The youth justice service of the Department of
Justice, Equality and Law Reform will be located
at the new office. The purpose in bringing various
responsibilities together under one roof is to
maximise the co-ordination of policies for children
and young persons and to provide a strong
focus in the strategic linkage of services for children
and young people at the highest level.
In establishing this new policy framework, the
Government also approved the appointment of
Ms Sylda Langford as director general of the
office of the Minister of State with responsibility
for children.
Registration of Title.
1061. Mr. Kehoe asked the Minister for Justice,
Equality and Law Reform if, in view of the fact
that the stay has been lifted with regards to the
application to the Land Registry office for a person
(details supplied) in County Wexford, efforts
will be made to arrange the first registration; and
if he will make a statement on the matter.
[1748/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have requested the Land
Registry to contact him directly concerning the
current position of the application in question.
Re-interment of Volunteers.
1062. Mr. N. O’Keeffe asked the Minister for
Justice, Equality and Law Reform his plans to
have a person (details supplied) re-interred in
their home parish; if his attention has been drawn
to the fact that they were executed during the
1916 period and were interred in detention barracks
known as Collins Barracks, Cork.
[1937/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I understand from the governor
of Cork Prison that, in a previous attempt at reinterment,
the body of the person in question
could not be located in the grave. The authorities
in Cork Prison facilitate visits to the grave for
wreath laying by relatives and friends of veterans
of the War of Independence and, more recently,
by the Organisation of National Ex-Servicemen
and Women, ONE. The authorities in Cork
Prison will continue to facilitate such visits.
Proposed Legislation.
1063. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform the discussions
he has had with his European colleagues with a
view to introducing legislative regulations to
deter cyber-bullying or the use of the Internet for
other abusive purposes; and if he will make a
statement on the matter. [2200/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): With regard to the Internet, as
a general rule, what is illegal off-line is illegal online.
This could include illegal pornography, racist
or hate materials, financial fraud, intimidation or
any criminal activity carried out via the internet.
In that context, for example, bullying, harassment
or intimidation may constitute an offence of harassment
in breach of section 10 of the Non-Fatal
Offences Against the Person Act 1997, including
harassment via the Internet. The Garda Síochána
will examine any complaints reported to gardaí
and where a criminal offence is disclosed, the
matter is fully investigated.
My Department is active at national, EU and
international level, addressing and promoting the
means to combat any illegal and harmful uses of
the Internet on an ongoing basis.
Crime Prevention.
1064. Cecilia Keaveney asked the Minister for
Justice, Equality and Law Reform his plans to
deal in an interdepartmental manner with the
issue of anti-social behaviour that is manifesting
itself in many towns and villages; if he will make
a statement on the matter in view of its social
implications. [2361/06]
1065. Cecilia Keaveney asked the Minister for
Justice, Equality and Law Reform his plans to
deal in an interdepartmental manner with the
issue of anti-social behaviour that is manifesting
itself in many towns and villages and having
implications in the accident and emergency
services; and if he will make a statement on the
matter. [2362/06]
1066. Cecilia Keaveney asked the Minister for
Justice, Equality and Law Reform his plans to
deal in an interdepartmental manner with the
issue of anti-social behaviour that is manifesting
itself in many towns and villages and having
implications for the way in which tourists view
these locations; if he will make a statement on the
matter considering the substantial capital moneys
that have been made available through the lottery
scheme. [2365/06]
1201. Cecilia Keaveney asked the Minister for
Justice, Equality and Law Reform his plans to
deal in an interdepartmental manner with the
issue of anti-social behaviour that is manifesting
itself in many towns and villages; if he could make
a statement on the matter both from the perspective
of the residents of these towns and from the
interventions that can take place with people
involved in the disturbances. [2372/06]

721 Questions— 25 January 2006. Written Answers 722
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1064 to 1066, inclusive, and 1201 together.
Strong provisions are already in place to combat
anti-social and unlawful behaviour. The
primary basis for the law regarding public order
offences is the Criminal Justice (Public Order)
Act 1994, which modernised the law in this
regard. Furthermore, because of my concerns
about the abuse of alcohol and its contribution to
public order offending and broader social problems,
I brought forward tough new provisions to
deal with alcohol abuse and its effect on public
order in the Intoxicating Liquor Act 2003. One of
the provisions of the Act is to broaden the application
of the temporary closure order penalty,
which was originally introduced to combat underage
drinking, to cover also convictions for a series
of offences, such as a licensee supplying intoxicating
liquor to drunken persons and permitting disorderly
conduct on the licensed premises.
The Criminal Justice (Public Order) Act 2003
has also been enacted, the main purpose of which
is to provide the Garda Síochána with additional
powers to deal with late night street violence and
anti-social conduct attributable to excessive
drinking. I have recently published the general
scheme of the Intoxicating Liquor Bill 2005. The
main purpose of the proposed Bill is to streamline
and modernise our liquor licensing laws. It will
also contain provisions which will combat antisocial
behaviour.
I recently published my legislative proposals to
deal with anti-social behaviour, including provision
for anti-social behaviour orders. I propose
to introduce these proposals by way of Committee
Stage amendments to the Criminal Justice Bill
2004, which is currently before the House. In so
far as anti-social behaviour orders for children
are concerned, my colleague, Deputy Brian
Lenihan, Minister of State with special responsibility
for children, has obtained Government
approval for separate provisions relating to children
to be brought forward as Committee Stage
amendments to the Criminal Justice Bill 2004, as
part of a package of measures concerning juvenile
justice issues.
In formulating the proposals my Department
has, where the need arose, consulted with relevant
Departments. In this regard, discussions
have taken place with the Department of the
Environment, Heritage and Local Government
regarding housing legislation in so far as antisocial
behaviour is concerned.
I take great satisfaction in the Government’s
decision of October 2004 to approve the recruitment
of 2,000 additional gardaí to increase the
strength of the force to 14,000. As a result there
will be a combined organisational strength, of
both attested gardaí and recruits in training, of
14,000 in 2006. I have already promised that the
additional gardaí will not be put on administrative
duties but will be put directly into front line,
operational, high visibility policing.
The Garda Síochána is now better resourced
than at any time in its history. The Garda funding
which I secured in the Estimates for 2006 is at an
historic high of over \1.29 billion, and compares
to just \600 million in 1997. The provision for
Garda overtime in 2006 will be \83.5 million, an
increase of \23 million on the allocation for 2005.
This will greatly aid the planned deployment of a
visible policing service in a flexible, effective and
targeted response to criminal activity and to
crime prevention. The \83.5 million in overtime
will yield 2.725 million extra hours of policing by
uniformed and by special units throughout the
State.
I attach great importance to the development
of a real partnership between the Garda Síochána
and local authorities on matters affecting
policing. My intention and that of the Oireachtas,
as set out in the Garda Síochána Act 2005, is that
joint policing committees and local policing fora
established under them will provide arenas where
the Garda Síochána and local authorities can cooperate
and work together to address local
policing and other issues.
I will shortly issue guidelines for the establishment
and operation of the committees after consulting
my colleagues, the Minister for the Environment,
Heritage and Local Government and the
Minister for Community, Rural and Gaeltacht
Affairs. My view is that the best way forward is
to establish a small number of joint policing committees
on a pilot basis. Setting up a small
number of pilot committees will give an opportunity
to identify any teething problems that may
arise when they are operating in practice. Any
problems can then be addressed before the joint
policing committees are rolled out to the remaining
local authorities. I hope to be in a position to
make a further announcement in this area in the
near future.
Last month I approved grant funding to 13
applications under the community based CCTV
scheme. This initiative will allow communities to
press ahead with their own local CCTV system.
This scheme provides an ideal opportunity for
communities to work with local gardaí and their
local authority with a view to improving the
safety and well being of their area. CCTV has
proved extremely successful in the prevention
and detection of crime and is part of a series of
measures aimed at tackling street assaults and
public disorder.
I am informed by the Garda authorities that
they take a proactive approach to policing antisocial
and public disorder issues by immediate
intervention, arrest and prosecution or advice, as
appropriate. Under the juvenile diversion programme,
divisional juvenile liaison officers regularly
visit schools, youth clubs and social services
and give presentations under the education programme
and highlight alternative options for reg-

723 Questions— 25 January 2006. Written Answers 724
[Mr. McDowell.]
ular offenders. Community gardaí and the Garda
schools liaison officers also visit schools and
address young people on a variety of topics,
including anti-social behaviour.
The concept of restorative justice provides for
the bringing together of offenders and victims,
which can also help to highlight the impact of
anti-social behaviour, and other criminal behaviour,
on victims and other members of the community.
Members of the Garda Síochána are frequently
in contact with other Government and
non-governmental agencies, particularly the local
authorities, to develop a multi-agency approach
to addressing anti-social behaviour and public
disorder and other issues by introducing by-laws
regarding drinking in public places. These efforts
will continue.
There are currently 64 Garda youth diversion
projects established nationwide. Garda youth
diversion projects are a community based, multiagency
crime prevention initiative which seek to
divert young persons from becoming involved —
or further involved — in anti-social and/or criminal
behaviour by providing suitable activities to
facilitate personal development, promote civic
responsibility and improve long-term employability
prospects. By doing so, the projects also
contribute to improving the quality of life within
communities and enhancing Garda/community
relations. I am committed to the continuing
development and, as resources permit, the expansion
of Garda youth diversion projects. I have
secured a budget of \6.6 million for the projects
and local drugs task force projects in 2006, which
represents an increase of \1.2 million for youth
diversion.
I intend to ensure that 100 schemes will be
established nationwide before the end of 2007. I
have asked the Garda Commissioner to bring forward
proposals for further community based
initiatives in this area in light of the additional
funding.
A sub-group of the RAPID programme
national monitoring committee was set up in the
latter part of last year tasked with examining
mechanisms to improve departmental/agency
support and assisting RAPID areas in their
response to tackling anti-social behaviour. This
sub-group, which has commenced its work, comprises
my Department, the Departments of Community,
Rural and Gaeltacht Affairs, Environment,
Heritage and Local Government, Health
and Children, Education and Science, Social and
Family Affairs, the Garda Síochána, Pobal and
FÁS.
With regard to the implications of anti-social
behaviour for accident and emergency services,
my colleague, the Minister for Health and Children,
informs me that a recently published report
on alcohol and injuries in accident and emergency
departments has indicated that a significant
number of patients who attended had an injury
related to the consumption of alcohol.
In so far as anti-social behaviour has a social
impact, my colleague, the Minister for Social and
Family Affairs, informs me that under the current
NAP/inclusion process, people experiencing
urban poverty and rural disadvantage are identified
as vulnerable groups, and targets have been
set to tackle social exclusion in urban and rural
areas marked by disadvantage. The objective is
to create viable and sustainable communities with
access to employment, adequate income and
services. Key targets in this area include fostering
public safety and crime prevention, ensuring the
basic needs of all families are met through
enhanced and better co-ordinated State support
services, improving access to employment, health,
education and housing for rural dwellers and
improved transport services to rural dwellers.
Progress on these targets is ongoing.
Consultation for the 2006 to 2008 NAPinclusion
process was undertaken by the office for
social inclusion at the end of 2005. Under the process,
78 written submissions were received and
over 500 people participated in a number of
regional seminars. The issue of anti-social behaviour
was discussed during the consultation process,
with participants agreeing that this issue
affected both urban and rural areas. The input
from the consultation process will inform future
policy development as it will feed into the next
NAP/inclusion process.
In so far as anti-social behaviour impacts tourism,
my colleague, the Minister for Arts, Sport
and Tourism, informs me that his Department is
not aware of any survey suggesting recent
changes in tourists’ perceptions of Irish towns and
villages. It is understood that Fáilte Ireland’s visitor
attitudes surveys consistently show that
Ireland continues to deliver holidays that match,
and in many cases exceed, the expectation of
overseas holidaymakers, and that four in every
five holidaymakers are very satisfied with the
sense of safety and security in Ireland.
Residency Permits.
1067. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform if access to
residency will be made available after two years
whether on visa or work permit and family reunification
for those who wish; and if he will make a
statement on the matter. [1055/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): In considering changes to the
immigration system in the context of the proposed
Immigration and Residence Bill, the areas
of family reunification and residence status for
migrants are being considered fully.
At present there is no system of “long-term
resident” or “permanent resident” in the Irish
immigration system. A person can after a period
of time obtain permssion to remain “without con-

725 Questions— 25 January 2006. Written Answers 726
dition as to time”. I am, however, examining the
possibility of introducing a new status of “longterm
resident”. What is being considered is a new
status whereby a person who has been legally
resident in the State for a period of five years
could apply for long-term resident status. The
entitlements of long-term resident status would
be greater than those of short-term or temporary
residents and would in many respects be similar
to those given to Irish citizens. A model which
could be followed is that contained in the European
Council directive on the status of longterm
residents.
The present position relating to the admission
of family members to Ireland to join non-EEA
nationals already here is as as follows. In all cases
the person must be in a position to support
his/her family without recourse to public funds. A
non-EEA national who is not visa required and
is working in the State on an employment permit
or under the work authorisation scheme may
apply for family reunification — spouse, minor
child — immediately. A non-EEA national who
is working in the State under the working visa
scheme may be joined by his/her family —
spouse, minor children — in the State after three
months. A non-EEA national who is visa
required and is working in the State on an
employment permit may apply for family reunification
— spouse, minor child — on condition that
he/she has been working here for at least 12
months and is likely to remain so for a similar
period, that is, the work permit has been
renewed.
I should point out that, as a matter of course,
my Department reviews the situation regarding
family reunification and residence status for
migrants on an ongoing basis.
Departmental Correspondence.
1068. Ms O’Donnell asked the Minister for
Justice, Equality and Law Reform if he will
provide an updated reply as promised to Question
No. 489 of 8 November 2005; and if he will
make a statement on the matter. [40173/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): Correspondence relating to my
reply to Question No. 489 of 8 November 2005
issued from my office on 11 January 2006.
Road Traffic Offences.
1069. Ms O. Mitchell asked the Minister for
Justice, Equality and Law Reform the number of
motorists awarded penalty points for breaking
the temporary speed limit on the section of the
M1 where the Drynam interchange works are
under way. [40196/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): Statistics relating to penalty
points are a matter for my colleague the Minister
for Transport. I am informed by the Garda authorities
that statistics relating to detections for
exceeding the temporary speed limit at the
location mentioned are not readily available and
could only be obtained by the expenditure of a
disproportionate amount of Garda time and
resources, which could not be justified in the circumstances.
Ministerial Statements.
1070. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform his views on
the constitutional right of a person to due process
in the justice system here. [40255/05]
1071. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform his views on
the fundamental principle of presumption of
innocence until proved guilty in a court of law in
the justice system here. [40256/05]
1072. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform the reason he
is opposed to an independent body like the centre
of public inquiry investigating corruption and sleaze
in public life. [40257/05]
1073. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform his role and
relationship with the Director of Public Prosecution’s
office. [40258/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1070 to 1073, inclusive, together.
I refer the Deputy to my reply to Question No.
368 of 6 December 2005 and my comprehensive
statement to Dáil Éireann on 13 December 2005.
I am satisfied that I have acted in this matter
strictly in accordance with my responsibilities,
duties and obligations as Minister for Justice,
Equality and Law Reform.
Visa Applications.
1074. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform the position
regarding an application for family reunification
for a person (details supplied) in Dublin 15; and
if he will make a statement on the matter.
[40271/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The refugee in question made
an application for family reunification under
section 18 of the Refugee Act 1996 in May 2005.
A decision has recently been made on this application
and the person in question has been
informed of same.
Missing Persons.
1075. Ms O. Mitchell asked the Minister for
Justice, Equality and Law Reform the reason the

727 Questions— 25 January 2006. Written Answers 728
[Ms O. Mitchell.]
missing persons helpline launched by him in 2002
and funded by his Department was forced to
cease operating in 2005. [40281/05]
1076. Mr. Noonan asked the Minister for
Justice, Equality and Law Reform the steps he
will take to reinstate the missing persons helpline;
if he will ensure that same is adequately funded;
and if he will make a statement on the matter.
[40284/05]
1082. Mr. Quinn asked the Minister for Justice,
Equality and Law Reform the reason funding was
stopped for the national missing persons helpline
in March 2005; his views on whether another
service is in place to provide a central contact
point for missing persons cases; if funding will
recommence for the national missing persons
helpline; if he intends to create a new agency to
replace the national missing persons helpline;
when this agency will be in place; and if he will
make a statement on the matter. [40342/05]
1084. Ms O’Sullivan asked the Minister for
Justice, Equality and Law Reform if funding for
the missing person’s helpline will be restored; and
if he will make a statement on the matter.
[40349/05]
1086. Ms Enright asked the Minister for
Justice, Equality and Law Reform if his attention
has been drawn to the fact that the lo-call number
for the national missing persons helpline is no
longer in service; the reason funding for same was
discontinued (details supplied); and if he will
make a statement on the matter. [40357/05]
1087. Mr. O’Shea asked the Minister for
Justice, Equality and Law Reform his proposals
to meet the concerns of a person (details
supplied) in County Dublin in regard to a properly
funded missing persons helpline; and if he
will make a statement on the matter. [40364/05]
1091. Mr. Rabbitte asked the Minister for
Justice, Equality and Law Reform his views on
the establishment of a permanent missing persons
helpline to assist in the location of missing persons;
if adequate funding will be provided to
allow same be done by a voluntary organisation;
and if he will make a statement on the matter.
[40385/05]
1108. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform if he will work
with all other relevant Departments in assisting
and funding for a missing persons helpline; and if
the maximum support and advice will be given on
this service. [1122/06]
1120. Mr. J. O’Keeffe asked the Minister for
Justice, Equality and Law Reform the position
relating to a national missing persons helpline;
the operation and funding provided therefor; and
if he will make a statement on the matter.
[1249/06]
1149. Mr. Gormley asked the Minister for
Justice, Equality and Law Reform his proposals
for a permanent missing persons helpline; and if
he will make a statement on the matter.
[1484/06]
1156. Mr. Ring asked the Minister for Justice,
Equality and Law Reform if funding will be provided
to have a permanent missing persons helpline
established; and if he will make a statement
on the matter. [1566/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1075, 1076, 1082, 1084, 1086, 1087, 1091,
1108, 1120, 1149 and 1156 together.
Funding of \110,000 in respect of a national
missing persons helpline made available by my
Department in 2002 and 2003 was channelled
through the Victim Support organisation and was
in addition to the ongoing funding which that
organisation received for the provision of services
to victims of crime. This funding was provided
subject to the conditions that no funding beyond
the year 2003 should be implied and audited
accounts should be provided to my Department
on a calendar year basis. To date no audited
accounts have been received in my Department.
The Victim Support organisation received financial
support from the Department of Justice,
Equality and Law Reform from 1985 to 31 March
2005. Almost \5.5 million had been made available
over the five years up to 2005. In March
2005, I decided that continued funding of the Victim
Support organisation could no longer be justified
due to serious concerns relating to governance,
accountability for public funds and poor
service levels, after a lengthy period of instability
within the organisation.
The missing persons helpline was operated
from the headquarters of Victim Support alongside
Victim Support’s own helpline for victims of
crime. I understand that Victim Support Ltd.
closed its headquarters operation during 2005 and
a number of staff were made redundant, including
the person employed to operate the missing persons
helpline. My Department had no role in the
decision of Victim Support Ltd. to make a
number of its staff redundant, other than to insist
that statutory requirements — notice, holiday pay
and so forth — be met and the interests of the
staff protected.
Also in March 2005, I established a new commission
for the support of victims of crime to
devise an appropriate support framework for victims
of crime into the future and to disburse funding
for victim support measures. The commission
is entirely independent in its decision making and

729 Questions— 25 January 2006. Written Answers 730
examines each application on its merits. The commission
received an application from the Missing
in Ireland Support Service for \71,600 to establish,
staff and operate a helpline for missing persons.
After careful consideration of the application,
the commission decided to offer funding
of \25,000. This offer was rejected by the Missing
in Ireland Support Service. It should be borne in
mind in this context that the commission is
charged with funding support services for victims
of crime and that, while some persons who are
missing are crime victims, most are not.
It remains open to the Missing In Ireland Support
Service to make an application to my
Department for assistance if it so wishes. The
missing persons bureau in Garda headquarters is
responsible for maintaining data relating to missing
persons. All cases of a person reported missing
in suspicious circumstances remain open and
under ongoing review and investigation until the
person is located or, in the case of a missing person
who is presumed drowned, a verdict to that
effect by the coroner.
At present, local Garda management takes
direct responsibility for missing persons cases and
special investigation teams are appointed as
necessary. All missing persons are recorded on
the PULSE system. When a person is reported
missing, the local Garda superintendent takes
direct responsibility for the investigation and will
appoint an investigation team to include any
specialised unit deemed necessary, for example,
the National Bureau of Criminal Investigation or
the technical bureau. The systems put in place by
the Garda Síochána to manage and deal with
reports of missing persons are in line with best
international police practice and Garda management
is satisfied, and has assured me, that the
systems in place are adequate to deal with any
reported case of a missing person.
Child Care Services.
1077. Mr. Neville asked the Minister for
Justice, Equality and Law Reform if there are
developments concerning the provision of funding
for a new child care centre at Rathkeale,
County Limerick. [40286/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): Responsibility for the national
child care investment programme 2006-10 has
been assigned to the Department of Health and
Children as part of the establishment of the new
office of the Minister of State with responsibility
for children under Deputy Brian Lenihan. With
regard to the application for capital grant assistance
under the equal opportunities child care
programme 2000-06, I understand that the community
based group in question was approved
capital funding of \1.4 million in November 2005.
I understand from inquiries I have made that
Pobal — formerly known as Area Development
Management Ltd. — which administers the programme,
is currently in dialogue with the group
and is awaiting further information from it to progress
the revision of its application to reflect the
level of capital grant assistance approved.
Crime Prevention.
1078. Mr. Gilmore asked the Minister for
Justice, Equality and Law Reform the steps he is
taking to ensure that there are adequate
resources and services to respond to the high
rates of violence towards women. [40294/05]
1079. Mr. Gilmore asked the Minister for
Justice, Equality and Law Reform the measures
he intends to put in place to deal with the high
incidence of violence towards women, following
recent research carried out by the National Crime
Council which concluded that one in seven
women experience severe abuse from a partner.
[40295/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1078 and 1079 together.
There is a comprehensive range of civil and
criminal justice measures in place to tackle violence
against women and the operation of the law
in this area is kept under ongoing review. My
Department chairs and provides the secretariat to
the national steering committee on violence
against women, NSC. The committee’s remit is to
provide a forum for the co-ordination of
responses to violence against women and to
develop a strategy and action plan which will
build on the work achieved to date and chart progress
for the future.
The membership of the national steering committee
comprises representatives of the five
Government Departments and the key State
bodies with a role in the area of violence against
women and representatives of the relevant nongovernmental
organisations. The preparation of
the new strategy has involved extensive consultation
with interested parties as well as an evaluation
of the working methods and structures of
the NSC, with a view to further enhancing their
effectiveness and laying down a workplan for the
future. The strategic plan should be completed
this year and it is expected to include a long-term
strategy to raise awareness about violence
against women.
The provision of services to women experiencing
violence, including domestic violence, rape
and sexual assault, is the responsibility of the
Department of Health and Children, while the
Department of the Environment, Heritage and
Local Government is responsible for the provision
of refuges and other emergency accommodation.
A number of other Departments also
have an involvement in responding to the problem
of violence against women, including the
Department of Education and Science as well as
the Department of Community, Rural and Gael-

731 Questions— 25 January 2006. Written Answers 732
[Mr. McDowell.]
tacht Affairs, which assists community groups
dealing with the issue.
It is also worth noting that the Department of
Social and Family Affairs provides funding
through the Family Support Agency and that the
community employment schemes assist by means
of support staff at women’s refuges. The findings
of a sub-committee of the national steering committee
on the question of funding for the sector
generally are under consideration in the Departments
with responsibility in the area.
In addition to ensuring the necessary responses
from the civil and criminal justice system, my
Department is also responsible for preventative
and awareness measures, including a number of
intervention programmes for perpetrators of
domestic violence. Last year, the Department
funded the evaluation of two such perpetrator
programmes and the recommendations of the
evaluation are currently being implemented. Furthermore,
evaluation of a pilot project on
domestic violence intervention in a particular
area is nearing completion and the findings will
also contribute to the development of departmental
policy in this field.
Garda Ombudsman Commission.
1080. Mr. Costello asked the Minister for
Justice, Equality and Law Reform when the
ombudsman commission will be established;
when the commission will start work; if the commission
will consider complaints made prior to its
establishment; and if he will make a statement on
the matter. [40333/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I made an order on 12
December 2005 under the provisions of the
Garda Síochána Act 2005 establishing the Garda
Síochána Ombudsman Commission. The Government
decided on 13 December 2005 to nominate
the following persons for appointment by the
President to be members of the Garda Síochána
Ombudsman Commission: Mr. Justice Kevin
Haugh to be chairperson, Ms Carmel Foley and
Mr. Conor Brady.
In accordance with the requirements of the
Act, it will be necessary, in order that these persons
may be appointed to be the members of the
Garda Síochána Ombudsman Commission, for
Dáil and Seanad Éireann to resolve to recommend
them for appointment by the President.
The necessary resolution in respect of this House
is being considered today. Arrangements are
being made for the necessary resolution in
Seanad Éireann to be brought before that
House shortly.
While I anticipate that the members of the
ombudsman commission will be appointed very
soon I do not expect that the ombudsman commission
will become operational for some time. It
will be a matter for the members of the ombudsman
commission, when appointed, to determine,
in accordance with the provisions of the Act, how
they intend to proceed with certain types of complaints.
In addition, they will have to recruit and
train their staff. I expect that it may take up to 12
months before the ombudsman commission will
be in a position to start receiving complaints.
The provisions governing the time limits for
making complaints to the ombudsman commission
are set out in section 84 of the Act. A
complaint must be made within six months,
beginning on the date of the conduct complained
of. The section allows the ombudsman commission
to extend the time limit for making a
complaint if it considers that there are good
reasons for doing so.
Asylum Support Services.
1081. Mr. Costello asked the Minister for
Justice, Equality and Law Reform when payments
of \19.10 to an adult and \9.60 for a child
made to asylum seekers in receipt of direct provision
were last increased; his plans to increase
same, in view of the significant increase in social
welfare rates; and if he will make a statement on
the matter. [40336/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The direct provision system
seeks to ensure that the accommodation and
ancillary services provided by the State meet the
requirements of asylum seekers during the period
in which their requests for asylum are being processed.
In addition, a direct provision allowance
of \19.10 per adult and \9.60 per child was introduced
some years ago and is paid by community
welfare officers, operating under the aegis of the
Department of Social and Family Affairs, who
also have the discretion to make once-off exceptional
needs payments in special situations. The
direct provision allowance seeks to reflect the
value of the above mentioned services to the asylum
seeker and I have no plans to alter the
amount.
Question No. 1082 answered with Question
No. 1075.
Defence Forces Reserve.
1083. Mr. Quinn asked the Minister for Justice,
Equality and Law Reform if a member of the
Garda Síochána is permitted to also be a member
of the Defence Forces Reserve; if not, the reason
for same; and if he will make a statement on the
matter. [40343/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have been informed by the
Garda authorities that, in accordance with Regulation
7(d) of Defence Force Regulations, R.5,
New Series, Reserve Defence Force of 1 October
2005, a member of the Garda Síochána shall be
ineligible for enlistment in the Defence Forces

733 Questions— 25 January 2006. Written Answers 734
Reserve for service in the enlisted personnel,
Army Reserve, or the enlisted personnel, Naval
Service Reserve.
Question No. 1084 answered with Question
No. 1075.
Deportation Orders.
1085. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform if a person
(details supplied) will not be deported.
[40355/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person concerned arrived
in the State on 17 December 1999 and applied
for asylum. His application was refused following
consideration of his case by the Office of the
Refugee Applications Commissioner and, on
appeal, by the Office of the Refugee Appeals
Tribunal.
The person concerned was informed by letter
dated 31 December 2002, that the Minister proposed
to make a deportation order in respect of
him and afforded him three options in accordance
with section 3(3)(b)(ii) of the Immigration Act
1999, as amended, namely, to leave the State voluntarily,
to consent to the making of a deportation
order or to submit, within 15 working days,
representations to the Minister, in writing, setting
out the reasons he should be allowed to remain
temporarily in the State. Representations were
submitted on behalf of the person concerned by
his legal representatives.
His case was examined under section 3(6) of
the Immigration Act 1999, as amended, and
section 5 of the Refugee Act 1996 on the prohibition
of refoulement. Consideration was given to
all representations received on his behalf. On 9
November 2005, a deportation order was signed
in respect of the person concerned. Notice of this
order was served by registered post requiring him
to present himself to the Garda National Immigration
Bureau, GNIB, 13/14 Burgh Quay,
Dublin 2, on 24 November 2005, in order to make
arrangements for his deportation from the State.
The person concerned presented as required and
was given a further presentation date of 1
December 2005. He again presented as required
and was given a final presentation date of 8
December 2005.
The person concerned was deported from the
State on a charter flight to Lagos on the night of
8-9 December 2005.
Questions Nos. 1086 and 1087 answered with
Question No. 1075.
Child Care Services.
1088. Mr. O’Dowd asked the Minister for
Justice, Equality and Law Reform if further funding
will be provided for a group (details supplied)
in County Louth; and if he will make a statement
on the matter. [40371/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): As the Deputy may be aware,
responsibility for the National Childcare Investment
Programme 2006-2010 has been assigned to
the Department of Health and Children as part
of the establishment of the new Office of the
Minister for Children under the Minister of state
with responsibility for children, Deputy Brian
Lenihan.
With regard to the application for capital grant
assistance under the Equal Opportunities Childcare
Programme 2000-2006, I understand that the
community based group in question was
approved capital funding of \1.1 million in
March 2005.
I understand from inquiries I have made that
Pobal, formerly known as Area Development
Management Limited, which administers the
programme, is currently in dialogue with the
group and awaiting further information from it in
relation to some outstanding items, including the
tender for the proposed new project.
I am advised by Pobal that the group has submitted
an appeal for additional capital funding
and this appeal will undergo a thorough assessment
by Pobal prior to its recommendation being
forwarded to the programme appraisal committee
and a decision being made in relation to
additional capital funding.
Registration of Title.
1089. Mr. Allen asked the Minister for Justice,
Equality and Law Reform the reason an application
to register title (details supplied) in County
Cork by Cork City Council which was sent to the
Land Registry in June 2003 has not been
responded to. [40376/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have requested the Land
Registry to contact the Deputy directly concerning
the current position of the application in
question.
Residency Permits.
1090. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform if he has
sought or received clarification in respect of the
doubts expressed by the Garda Technical Bureau
regarding an application for family reunification
in the case of a person (details supplied) in
County Cork, having regard to translation and
documentation furnished from this office; and if
he will make a statement on the matter.
[40383/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The refugee in question made
an application for family reunification in respect
of her five children under section 18 of the Refu-

735 Questions— 25 January 2006. Written Answers 736
[Mr. McDowell.]
gee Act 1996. In support of her application she
submitted five passports. During the course of
processing this application, questions arose with
regard to the authenticity of documentation
submitted.
Following checks by document experts in the
Garda Technical Bureau, the said passports were
forwarded to the Garda National Immigration
Bureau for further investigation. Arrangements
have been made by that office to have the passports
examined by the appropriate Congolese
authorities to establish the authenticity or otherwise
of same. The documents remain in the custody
of the Garda Síochána. The opinion of the
Congolese authorities is expected to be available
shortly.
Question No. 1091 answered with Question
No. 1075.
Parental Leave.
1092. Ms O. Mitchell asked the Minister for
Justice, Equality and Law Reform his plans to
increase adoptive leave for parents (details
supplied). [40388/05]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I refer the Deputy to my reply
to Parliamentary Question No. 288 of 14
December 2005.
In the interests of maintaining the parity of
entitlements between adopting and natural
mothers paid adoptive leave will be increased to
20 weeks in March 2006 and to 24 weeks in March
2007. Unpaid adoptive leave will be increased to
12 weeks in March 2006 and to 16 weeks in March
2007. I intend to implement the increases by way
of secondary legislation.
Further to my answer to Question No. 288 of
14 December 2005, draft orders regarding the
proposed increases to maternity and adoptive
leave were placed before both Houses on 18
January last and motions regarding resolutions on
the draft orders are on today’s Order Papers for
the Dáil and Seanad. While I cannot pre-empt
the decision of the Oireachtas in relation to this
matter, I hope to be in a position to make an
order on 1 February 2006, with the consent of the
Ministers for Finance and Social and Family
Affairs, giving effect to the increases to
employees who commence their adoptive leave
or additional adoptive leave on or after 1 March
2006 and 1 March 2007 as the case may be.
Land Registry.
1093. Mr. Deenihan asked the Minister for
Justice, Equality and Law Reform if two arbitrators
will be appointed at the ground rent
section of the Land Registry; and if he will make
a statement on the matter. [1022/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The Land Registry operates
within the resources assigned to it and decides
accordingly on priority areas. Staff are assigned
taking into account the demand for services in
each area of activity. I understand that there are
no proposals to assign additional arbitrators to
the ground rent section at present.
Tribunals of Inquiry.
1094. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform the reason a
person (details supplied) has been completely
ignored by the Government since the first module
of the Morris tribunal was published; and if an
apology will issue to this person. [1027/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I refer the Deputy to my answer
to Parliamentary Question No. 491 on 8
November 2005.
As I explained in that reply, I am constrained
in what I can say because the person concerned
has a civil action in being arising from the events
in Donegal. The issues raised in this particular
case are being carefully examined so as to ensure
that they are responded to fully and appropriately
in the proceedings. The question of a formal apology
will arise for consideration in that context.
Garda Investigations.
1095. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform if his attention
has been drawn to serious allegations with regard
to fraud in the ESB; and his views on the information
from a person (details supplied); and if he
will make a statement on the matter. [1029/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that there is no allegation of fraud in
the ESB made by the person referred to by the
Deputy currently under investigation by the
Garda Síochána. If the Deputy provides further
information, or if a criminal complaint is made to
the Garda authorities by the person referred to
by the Deputy, I will have further inquiries made
in the matter.
Registration of Title.
1096. Mr. Noonan asked the Minister for
Justice, Equality and Law Reform if his attention
has been drawn to the fact that the Registrar of
Titles has placed a stay on the processing of all
applications made pursuant to rules 17 and 46 of
the Land Registration Rules 1972 or any case
where the title claimed is based on adverse possession;
if his attention has further been drawn to
the fact that a large number of sales of property
have been inhibited by this decision; if he will
ensure that the advice of the Attorney General
which has been sought by the Registrar of Titles

737 Questions— 25 January 2006. Written Answers 738
is forthcoming at the earliest possible date; if
legislation may be necessary; and if he will make
a statement on the matter. [1038/06]
1130. Mr. Naughten asked the Minister for
Justice, Equality and Law Reform if the Land
Registry has decided the action it intends to take
on section 49 applications in view of the European
Court of Human Rights judgment in the
case of Pye v. UK; and if he will make a statement
on the matter. [1388/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1096 and 1130 together.
The Registrar of Titles has informed me that
the temporary stay that she placed, with effect
from 7 December 2005, on the processing of
applications based on adverse possession of land
was temporary, pending consideration of the
European Court of Human Rights, ECHR,
judgment in the case of JA. Pye (Oxford) Ltd. v.
the United Kingdom. The stay was lifted with
effect from 5 January 2006.
The full implications of the judgment in this
case have yet to be determined. However, it does
not become effective until mid-February at the
earliest. In the event of a successful appeal of the
judgment by the UK authorities under existing
appeal mechanisms, a new judgment will be delivered
by the Grand Chamber in due course.
Visa Applications.
1097. Mr. Kehoe asked the Minister for Justice,
Equality and Law Reform the status of the application
to remain here for a person (details
supplied) in County Wexford; if efforts can be
made to process this application as soon as possible;
if there is temporary permission available
to them to allow them to travel outside and then
return to Ireland; and if he will make a statement
on the matter. [1053/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): An application for permission
to remain in the State based on marriage to an
Irish national was received from the person concerned
in April 2005. Applications of this type, in
fairness to all other such applicants, are dealt with
in chronological order and currently take
approximately 16 to 18 months to process. It
should be noted that marriage to an Irish national
does not confer an automatic right of residence
in the State.
A person who is awaiting a decision on a residency
application based on marriage to an Irish
national is free to leave the State at any time. A
visa-required national must be in possession of a
valid Irish visa to allow the person concerned
travel to the State. As the person in question is a
visa-required national, she would require a reentry
visa to return to the State. It is not the normal
practice of my Department to assist persons
who do not have residency in the State with a
re-entry visa prior to travelling except in certain
emergency circumstances. Applications of this
nature are considered on a case by case basis by
the immigration division of my Department.
Stardust Inquiry.
1098. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform the position in
relation to new evidence regarding the Stardust
fire tragedy in Artane on St. Valentine’s Day
February 1981; and if a fresh inquiry will be
initiated for the victims and their families.
[1061/06]
1150. Mr. Broughan asked the Minister for
Justice, Equality and Law Reform the position
regarding new evidence submitted on behalf of
the Stardust victims committee in relation to the
causes of the tragic and horrific fire at the Stardust
nightclub on St. Valentine’s Day 1981; the
further position regarding the expert report from
the forensic science laboratory. [1485/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1098 and 1150 together.
I can advise the Deputies that in 2004, following
a number of meetings between representatives
of the Stardust victims committee and
officials from my Department, the Department of
Health and Children and the Department of the
Environment, Heritage and Local Government, a
submission was presented to my Department on
behalf of the victims committee. This submission
was forwarded to the Garda Commissioner and
the forensic science laboratory for examination as
to whether it constituted “new evidence” or
material otherwise not dealt with by the tribunal
of inquiry. Both the Garda Commissioner and the
forensic science laboratory responded to the
Department stating that the report contained no
new evidence.
A meeting was subsequently held in November
2004 between the Stardust victims committee and
the Secretary General of my Department. The
committee was informed of the views of the
Garda Commissioner and the forensic science
laboratory and advised that in the absence of
compelling new evidence, the establishment of a
further tribunal of inquiry could not be recommended.
It was, however, made clear to the delegation
that any further submission they or their
representatives wished to make would be carefully
examined by the Department. To date no
such submission has been received.
My Department has recently received correspondence
from one of the members of the committee
which has been forwarded to the forensic
science laboratory for observations.

739 Questions— 25 January 2006. Written Answers 740
Crime Prevention.
1099. Mr. Gregory asked the Minister for
Justice, Equality and Law Reform if the Garda
Síochána are investigating illegal activities in a
premises (details supplied) in Dublin 1; if there is
an interdepartmental task force active on this
issue; and if he will make a statement on the
matter. [1065/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that local Garda management is aware
of the allegations of illegal activities referred to
and has taken the lead role in initiating and
steering a multi-agency approach to tackling certain
activities in the area, in particular in relation
to food related businesses. Local Garda management,
Dublin City Council, Dublin Fire Brigade,
the Revenue Commissioners, including Customs
and Excise, and the Health and Safety Authority
have prepared a strategy to address the illegal
activities referred to. I am further informed by
the Garda authorities that a number of prosecutions
are currently before the courts in respect
of drugs and, where the appropriate licences are
not held, quantities of alcohol seized from premises
operating in the area referred to.
Road Safety.
1100. Ms O. Mitchell asked the Minister for
Justice, Equality and Law Reform the number of
speed cameras here which are currently inoperative;
the location of same; the length of time they
have been out of order; if the Garda Síochána is
investigating the causes of this damage; and if he
will make a statement on the matter. [1080/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that there are 20 fixed camera installation
posts at various locations in the Dublin
area and Louth-Meath division. There are three
cameras rotated between these fixed camera
installation posts, two in the Louth-Meath division
and one in Dublin. There is a range of
mobile speed detection equipment, including six
GATSO vans — mobile units with on board cameras,
radar, and computer system — in operation
throughout the State. There is also currently in
use by the Garda Síochána laser speed detection
equipment, including hand held speed detection
devices and car-motor cycle systeMs I am further
informed by the Garda authorities that all speed
cameras are currently operable.
Violence Against Women.
1101. Mr. Gilmore asked the Minister for
Justice, Equality and Law Reform if he intends
to review the criminal and civil justice system to
ensure that it adequately prevents, investigates
and punishes violence against women; and if he
will make a statement on the matter. [1089/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I refer the Deputy to my reply
to Parliamentary Question No. 198 of Wednesday
7 December 2005, ref 38355/05. The position
remains as set out in that response.
Visa Applications.
1102. Mr. Howlin asked the Minister for
Justice, Equality and Law Reform if a visa application
from a person (details supplied) in County
Wexford has been received in his Department;
the position regarding this application; when a
decision will be made in relation to same; and if
he will make a statement on the matter.
[1094/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): According to records held in
the visa office of my Department, a visa application
was approved for a person of that name on
20 July 2005.
1103. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform the position in
relation to an application to remain here based
on humanitarian grounds in the case of a person
(details supplied) in County Meath; and if he will
make a statement on the matter. [1099/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I refer the Deputy to my
answers to his Dáil questions of 1 and 15
December 2005 in relation to this case. The position
remains that representations have been
received on her behalf and I expect the file to be
submitted for my consideration in due course.
Asylum Applications.
1104. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform the current
and expected residency status in the case of a person
(details supplied) in County Kildare; and if he
will make a statement on the matter. [1100/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person concerned arrived
in the State on 2 January 2000 and applied for
asylum. His application was 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 18 May 2005, 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 making
representations to the Minister setting out the

741 Questions— 25 January 2006. Written Answers 742
reasons he should be allowed to remain temporarily
in the State; leaving the State before an
order is made or consenting to the making of a
deportation order. Representations have been
received on behalf of person concerned.
This person’s case file, including all representations
submitted and the residency status of his
wife, will be considered under section 3(6) of the
Immigration Act 1999, as amended, and section 5
of the Refugee Act 1996, prohibition of refoulement.
I expect the file to be passed to me for
decision in due course.
EU Directives.
1105. Mr. Quinn asked the Minister for Justice,
Equality and Law Reform if EU Directive
2003/109/EC was implemented before 23 January
2006; if the directive was not implemented by 23
January 2006 the reason Ireland did not meets its
obligations to implement this directive before the
deadline; and if he will make a statement on the
matter. [1114/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): This instrument is based on
Title IV of the treaty establishing the European
Community which deals with visas, asylum, immigration
and other policies related to free movement
of persons. Ireland and the United
Kingdom do not automatically participate in such
measures and participation is on the basis of the
protocol on the position of Ireland and the
United Kingdom, annexed to the treaty on European
Union and the treaty establishing the European
Community. Ireland is not participating in
the adoption of this instrument in accordance
with Articles 1 and 2 of the protocol and without
prejudice to Article 4 of the said protocol. The
United Kingdom is not participating in the adoption
of this Council directive either.
1106. Mr. Quinn asked the Minister for Justice,
Equality and Law Reform if EU Directive
2004/80/EC was implemented before 1 January
2006; if the directive was not implemented by 1
January 2006 the reason Ireland did not meet its
obligations to implement this directive before the
deadline; and if he will make a statement on the
matter. [1115/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The directive in question is
being implemented in Ireland via the existing
national scheme of compensation for personal
injuries criminally inflicted, which is an administrative
scheme laid before both Houses of the
Oireachtas and operated by the Criminal Injuries
Compensation Tribunal, CICT. My Department
is satisfied that legislative change is not necessary
to give effect to the directive.
Under the existing national scheme of compensation,
persons who suffer criminal injury as a
result of a crime of violence in this jurisdiction
enjoy equal access to compensation regardless of
their country of origin. As such, the scope of the
Irish scheme is in fact already broader that
required by the directive, which applies only to
persons habitually resident in one of the member
states. I can also advise the Deputy that the Commission
has been informed that the CICT is the
deciding authority for such claims in Ireland and
also that it will act as the assisting authority for
persons resident in Ireland who wish to transmit
a request for compensation to the national
schemes of other member states, as envisaged by
the directive. Consideration is also being given to
the introduction of an explicit reference in the
text of the scheme to the directive.
Departmental Staff.
1107. Mr. Quinn asked the Minister for Justice,
Equality and Law Reform the number of staff in
his Department currently on leave undertaking
full time study paid for by his Department; the
number undertaking part-time or evening study
paid for by his Department; the subject areas
these persons are studying; the qualifications
which are expected to be achieved; his plans to
make best use of those qualifications upon completion
of the study period; and if he will make a
statement on the matter. [1116/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): There are currently six staff on
paid full-time study, while 166 staff are undertaking
part-time or evening study paid for by the
Department. The figure of 166 includes 70 staff
from the Department and its agencies who are
completing a one-year Diploma in Justice Studies,
a specially designed course developed by the
Institute of Public Administration.
Department of Finance Circular 21/78 sets out
conditions under which refunds of fees may be
paid. The scheme covers such subjects as accountancy,
business administration, economics, general
management, law, personnel management and
public administration to name but a few. To qualify
for a refund of fees the course undertaken
must be deemed to be relevant to the work of the
officer concerned and the Department. Most of
the courses undertaken by staff lead to a third
level qualification.
Where possible, staff with particular skills or
qualifications are assigned to positions which
maximise the use of their qualifications for the
benefit of the Department and the individual
concerned.
Question No. 1108 answered with Question
No. 1075.

743 Questions— 25 January 2006. Written Answers 744
Crime Prevention.
1109. Mr. Gormley asked the Minister for
Justice, Equality and Law Reform if his attention
has been drawn to the increase in vandalism and
intimidation around the Ropewalk Mews area of
Ringsend; the steps he intends to take to deal
with same; if closed circuit television will be
installed in the area; and if he will make a statement
on the matter. [1129/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that the area referred to is policed by
uniform and detective gardaí from Irishtown
Garda station. Patrolling is also undertaken by
the divisional crime task force, the community
policing unit and the crime prevention unit.
A number of incidents of vandalism and intimidation
in the area are currently under investigation
by gardaí. Gardaí recently held a meeting
with the local residents and a follow-up meeting
Name of Board
with other agencies has been arranged to address
particular issues of concern.
I am further informed by the Garda authorities
that there are no plans at this time to install
closed circuit television in the area, but that the
possible introduction of initiatives is kept under
review. I am assured that local Garda management
will continue to ensure that high visibility
policing is maintained in the area and that antisocial
and public order issues will continue to be
priority policing matters.
Departmental Appointments.
1110. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform the number of public
appointments made by his Department since
1997. [1150/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The information requested by
the Deputy is set out in the following tabular
statement:
Number of Public
Appointments since 1997
(including re-appointments)
Interim Parole Board 15
Peace Commissioners 921
Prison Visiting Committees 463
Prisons Authority Interim Board 14
National Crime Council 77
Land Registry/Registry of Deeds Interim Board 6
Registration of Title Rules Committee 2
Courts Service Board and Transitional Board 14
Judicial Appointments Advisory Board 9
The Committee on Court Practice and Procedure 5
Censorship of Publications Board 12
Censorship of Publications Appeal Board 16
Refugee Appeals Tribunal 90
Independent Monitoring Committee for the Refugee Legal Service 13
Interim Advisory Board of the Reception and Integration Agency 16
Criminal Injuries Compensation Tribunal 24
Department of Justice, Equality & Law Reform Audit Committee 6
An Garda Síochána (Discipline) Appeals Board 6
National Disability Authority 56
State Pathologist Office 2
Film Censor’s Office 8
Censorship of Films Appeal Board 20
The Committee to Review The Offences Against the State Acts, 1939-1998 and Related
Matters 14
Private Security Authority 10
Remembrance Commission 5
Victims Commission 1
Legal Aid Board 18
The Commission for the Support of Victims of Crime 5
Internet Advisory Board 29

745 Questions— 25 January 2006. Written Answers 746
1111. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform the number of public
appointments currently vacant and yet to be
made by his Department. [1151/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The information requested by
the Deputy is set out in the following table:
Name of Board
Vacancy
Censorship of Publications Board 1
Criminal Injuries Compensation Tribunal 1
National Crime Council 1
Committee on Court Practice & Procedure 1
Interim Parole Board 1
Arbour Hill Prison Visiting Committee 2
Clover Hill Prison Visiting Committee 2
Loughan House Place of Detention Visiting
Committee 1
Mountjoy Prison Visiting Committee 1
Portlaoise Prison Visiting Committee 6
Shelton Abbey Place of Detention 2
St. Patrick’s Institution Visiting Committee 4
Training Unit Place of Detention Visiting
Committee 4
Wheatfield Prison Visiting Committee 2
The Deputy should note that the above vacancies
refer to appointments made by my Department
only and do not include vacancies on bodies
associated with my Department but where
appointments are made by the Government or
the President.
Garda Operations.
1112. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform if his attention has
been drawn to the fact that Garda Síochána intelligence
is keeping files on serving Members of the
Houses of the Oireachtas; and the number of
such files that may be in existence. [1170/06]
1113. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform if his attention has
been drawn to the fact that Garda Síochána intelligence
is keeping files on former Members of the
Houses of the Oireachtas; and the number of
such files that may be in existence. [1171/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1112 and 1113 together.
I am informed by the Garda authorities that it
is not generally their policy to make any comment
regarding the existence or otherwise of any intelligence
information that relates to the security of
the State.
Citizenship Applications.
1114. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform the number of citizenships
that have been granted to non-nationals
married to Irish citizens in 2005. [1172/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The Irish Nationality and
Citizenship Act 1956, as amended, provides for
two methods by which non-nationals who are
married to Irish citizens can obtain Irish citizenship.
Non-nationals who are married to Irish citizens,
who are Irish other than by marriage, naturalisation
or honorary citizenship, can make a
declaration of Irish citizenship as post-nuptial
citizenship following three years of marriage. This
process was repealed in the Irish Nationality and
Citizenship Act 2001, which came into effect on
30 November 2002. A transition provision in that
Act, which allowed persons who married prior to
that date to make a declaration, ended on 29
November 2005. A total of 2,622 persons who had
lodged such declarations received certificates during
2005 confirming their Irish citizenship.
Non-nationals who are married to persons who
obtained Irish citizenship through the process of
naturalisation can make an application for naturalisation
following three years marriage and
three years residence in Ireland. While records
are not maintained in such a way which would
identify the spouses of naturalised Irish citizens
from other applicants, it is estimated that
approximately 80 such persons received certificates
of naturalisation in 2005.
Crime Prevention.
1115. Mr. Carey asked the Minister for Justice,
Equality and Law Reform his plans to re-establish
the crime diversion project, known as the
BAY project in Ballymun, Dublin 11; when same
will take place; and if he will make a statement
on the matter. [1193/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): In June 1991, a Garda youth
diversion project was established in Ballymun,
Dublin 11 under the acronym BAY. The community
based committee established a limited
company, trading as BAY Limited, to act as a
management agency to manage the project. In
February 2003, this limited company was wound
up and consequently the project closed.
I understand that the community relations
section of the Garda Síochána is currently finalising
negotiations with a new management agency
to facilitate the establishment of a new Garda
youth diversion project in Ballymun.
Residency Permits.
1116. Mr. O’Shea asked the Minister for
Justice, Equality and Law Reform the reason the
application for residency on the basis of an Irish

747 Questions— 25 January 2006. Written Answers 748
[Mr. O’Shea.]
born child of a person (details supplied) in
County Waterford was refused; and if he will
make a statement on the matter. [1195/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person in question made an
application for permission to remain in Ireland
under the revised arrangements announced by
me on 15 January 2005, for the parents of Irish
born children born before 1 January 2005. One of
the requirements of these revised arrangements
is that the applicant must have been continuously
resident in Ireland with their Irish born child
since its date of birth. Satisfactory evidence of
this continuous residency must be supplied with
each application. The application was made on 29
March 2005. The applicant was written to in both
June 2005 and October 2005 and asked to provide
satisfactory evidence of residency during the
period March 2004 and April 2005. She did not
provide satisfactory evidence of her residency in
Ireland during this time and accordingly her
application for permission to remain under the
revised arrangements was refused.
Garda Investigations.
1117. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform the reason a
person (details supplied) in Dublin 5 was
detained and charged; and the legal position
regarding a person not giving their name to the
Garda Síochána while in plain clothes. [1203/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that as the incident involving the person
referred to is sub judice it would not be
appropriate for me to comment at this time.
I am further informed by the Garda authorities
that the legal position regarding a person not giving
their name to the Garda Síochána is as follows:
section 24(2) of the Criminal Justice (Public
Order) Act 1994 states that where a member of
the Garda Síochána is of the opinion that an
offence has been committed under a relevant provision
of the Act, the member of the Garda
Síochána may: a) demand the name and address
of any person whom the member suspects, with
reasonable cause, has committed, or whom the
member finds committing, such an offence; b)
arrest without warrant any such person who fails
or refuses to give his name and address when
demanded, or gives a name and address which the
member has reasonable grounds for believing is
false or misleading. Section 24(3) states that any
person who fails or refuses to give his name and
address when demanded by virtue of section
24(2) or gives a name or address which is false or
misleading shall be guilty of an offence.
Asylum Applications.
1118. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform the position
regarding a person (details supplied); and if the
maximum support will be given. [1226/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person to whom the
Deputy refers arrived in the State on 11 May 2001
and sought asylum. It was decided to refuse refugee
status and a deportation order in respect of
the person was made on 22 February 2005.
Judicial review proceedings challenging the
deportation order were instituted on 27 April
2005 and, accordingly, as the matter is sub judice,
I do not propose to comment further.
Visa Applications.
1119. Mr. O’Dowd asked the Minister for
Justice, Equality and Law Reform if a visa will be
granted to a person (details supplied) in County
Donegal. [1245/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The applicant applied to join his
spouse in Ireland on a long-term basis. The visa
application in question was refused by my
Department at initial stage on 19 November 2005
on several grounds. First, the visa officer was not
satisfied that an adequate relationship history
existed prior to the marriage. Second, on the basis
of documentation supplied in support of the
application, there were insufficient finances available
to support the spouse. It was also noted that
the applicant had previously applied for and been
refused a visa.
The applicant’s spouse had arrived in the State
in 2000 and made an application for asylum. She
subsequently sought and obtained residency
solely on the basis of an Irish-born child. The
general policy in operation does not provide for
family members to join family in the State on
that basis.
An appeal was received on 9 January 2006. The
visa appeals officer who re-examined the appeal
found no reason to overturn the decision of the
visa officer.
Question No. 1120 answered with Question
No. 1075.
Asylum Applications.
1121. Cecilia Keaveney asked the Minister for
Justice, Equality and Law Reform the position in
relation to an application for a person (details
supplied) in County Donegal; and if he will make
a statement on the matter. [1275/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person concerned arrived
in the State on 14 March 2003 and applied for
asylum. His application was refused following

749 Questions— 25 January 2006. Written Answers 750
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 16 February 2005 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 making
representations to the Minister setting out the
reasons he should be allowed to remain temporarily
in the State; leaving the State before an
order is made or consenting to the making of a
deportation order. His case file, 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,
prohibition of refoulement. I expect the file to be
passed to me for decision in due course.
Proposed Legislation.
1122. Mr. Gilmore asked the Minister for
Justice, Equality and Law Reform the consideration
he has given to the recommendations of the
auctioneering and estate agency review group; if
he intends to introduce legislation based on the
recommendations; and if he will make a statement
on the matter. [1277/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): In October 2005 I sought and
obtained Government approval for the publication
of the report of the auctioneering and
estate agency review group, for the establishment
of a new regulatory authority to assume responsibility
for the licensing and regulation of auctioneers,
estate agents, property letting and property
management agents and for the preparation of
legislation to give effect to the central recommendations
made by the review group.
An implementation group is in place to assist
and advise on preparations for the new authority,
including such matters as the recruitment of a
chief executive and the establishment of a headquarters
in Navan. Preparations for necessary
changes in legislation are also ongoing in my
Department and that legislation is included in the
Government’s legislation programme,
announced today.
Citizenship Applications.
1123. Ms O’Sullivan asked the Minister for
Justice, Equality and Law Reform when a
decision will be made in relation to a person
(details supplied) in County Limerick who has
applied for naturalisation under the Irish-born
child regulations; and if he will make a statement
on the matter. [1325/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person to whom the
Deputy refers arrived in the State on 27 April
2005 and applied for a declaration of refugee
status. On 3 May 2005, the person withdrew that
application and made an application for leave to
remain under the revised arrangements for the
processing of applications from the non-national
parents of Irish-born children born before 1
January 2005.
Based on the refusal of refugee status a deportation
order was made on 21 July 2005. The person
was informed on 24 August 2005 that his application
for leave to remain could not be considered
under the revised arrangements as his
application had been received too late for consideration.
Judicial review proceedings were
instituted on 29 September 2005 and accordingly,
as the matter is sub judice, I do not propose to
comment further on it.
Garda Deployment.
1124. Ms O. Mitchell asked the Minister for
Justice, Equality and Law Reform the number of
gardaí who form part of the traffic corps; the
increase in number of the corps for 2006; and if
he will make a statement on the matter.
[1330/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have been informed by the
Garda authorities that the total number of gardaí
allocated to the traffic corps as at 31 December
2005 was 570 — all ranks. While the members of
the traffic corps are specifically dedicated to
traffic duties, all gardaí have responsibility, to
deal, inter alia, with traffic duties as they arise.
As a result of the Government’s approval of
my proposal to increase the strength of the Garda
Síochána to 14,000 members, the Garda Commissioner
will be in a position, as each cycle of
recruit training is completed, to assign additional
new members to the areas of greatest need with
particular regard to certain priorities. These
priorities will include the traffic corps. Between
now and 2008, the traffic corps will increase its
numbers to a complement of 1,200 on the following
phased basis: 2006, 805; 2007, 1,030; and
2008, 1,200.
The timescale for achieving the target strength
of 14,000 members of the Garda Síochána in line
with the commitment in an Agreed Programme
for Government remains as when I announced
the Government approval in October 2004 for my
proposals to achieve this objective. The phased
increase in the strength of the Garda Síochána to
14,000 will lead to a combined strength, of both
attested gardaí and recruits in training, of 14,000
by the end of this year. As part of the accelerated
recruitment campaign to facilitate this process, a
total of 1,125 trainee gardaí were inducted into
the Garda College to commence training during
2005. The college will induct 1,100 recruits this
year and a further 1,100 in 2007, by way of intakes
to the Garda College of approximately 275

751 Questions— 25 January 2006. Written Answers 752
[Mr. McDowell.]
recruits every quarter. This project is fully on target
and will be achieved.
Visa Applications.
1125. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform the reason the
spouse of a person (details supplied) in Dublin 5
was refused a visa; and if the maximum support
and assistance will be given. [1335/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): This visa application was
approved by my Department on 11 January 2006.
Road Traffic Offences.
1126. Mr. Haughey asked the Minister for
Justice, Equality and Law Reform if he has satisfied
himself that the laws preventing cycling on
footpaths are being implemented; and if he will
make a statement on the matter. [1341/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that members of the Garda Síochána
enforce the law on cycling on footpaths on an
ongoing basis. When traffic is heavy it is difficult
for Garda motorcyclists and patrol cars to intercept
offenders, and the most effective means of
targeting this offence is through the use of Garda
mountain bike units.
I have been assured by the Garda authorities
that breaches of the Road Traffic Acts 1961, as
amended, are regularly targeted by way of various
operations. Garda operations target specific
localities for breaches of road traffic legislation,
including cycling on footpaths. In addition, all
Garda members enforce breaches of the traffic
legislation as part of their normal duties. I am
further informed by the Garda authorities that
during the most recent Operation Freeflow this
particular offence was targeted by personnel on
the beat and mobile patrols, who had been
directed to pay specific attention to pedal cyclists
on footpaths and failure by cyclists to stop at
red lights.
Question No. 1127 withdrawn.
Proposed Legislation.
1128. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform the measures he
intends to take to outlaw the practice of gazumping
in regard to property sales. [1369/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I commissioned the auctioneering-estate
agency review group in July 2004 to
examine the licensing and regulatory requirements
for property practitioners against a background
of serious public concern regarding certain
selling practices in the property industry. The
review group reported in July 2005 and made a
number of recommendations aimed at protecting
consumers from such practices as gazumping. It
noted that it is sellers who gazump, and that,
barring any changes to the law of contract, it will
always be the right of the individual sellers to
raise or lower their price demands or to withdraw
their property from sale, and of buyers to reduce
purchase offers or to back away from a purchase,
up to the point where contracts have been signed
by both parties and exchanged. In its report on
gazumping — LRC59-99 — the Law Reform
Commission, after extensive examination of the
issue, concluded that “the only practicable
reforms are to take steps to inform buyers, and
in that way, to protect them”.
Following Government approval, I am proceeding
to establish a new regulatory authority
which will assume responsibility for the licensing
and regulation of all auctioneering, estate agency,
property letting and property management
service providers. The new regulatory authority
will have a consumer information function aimed
at ensuring that consumers entering into contracts
to purchase a property will do so fully
understanding what rights and entitlements or
otherwise are conferred on each party by the payment
of a deposit. It will not have a function in
relation to builders and property developers who
are selling their own property. However, in the
case of any auctioneer acting as agent in such
transactions, it is intended that the regulatory
authority will have an oversight function regarding
the services they provide. It will also have a
complaints mechanism for the public who have
not achieved satisfaction through any existing
mechanisms.
Prison Staff.
1129. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform if his attention has
been drawn to the damage being caused to family
life as result of prison officers, formerly employed
at Fort Mitchel Prison, Spike Island, being asked
to rotate between Cork and Limerick prisons,
regardless of the effects of this policy on family
life. [1370/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am aware of the issue referred
to by the Deputy. The position is that former staff
of Fort Mitchel Place of Detention have been
temporarily assigned to both Cork and Limerick
prisons since Fort Mitchel was closed on 10
February 2004. It has now become necessary to
deploy those staff on a permanent basis in the
context of the roll-out of the terms of the proposal
for organisational change in the Prison
Service, which was accepted by staff at ballot in
August 2005, and in the context of the establishment
of a dedicated prison service escort corps
within the Prison Service which is an important
element of the change programme.

753 Questions— 25 January 2006. Written Answers 754
The Deputy should be aware that the initial
redeployment of the staff in question on a temporary
basis was done in a manner which sought
to minimise the disruption to the staff and their
families. All of the staff were deployed within the
Munster region, notwithstanding the demands of
the service in other regions where there were
pressing needs.
As regards the rotation of staff between the
Prison Service escort corps regional base in Cork
and the Limerick regional base of the corps, the
position is that this is a temporary arrangement
which was sought by the staff as an alternative to
the preferred option of the Irish Prison Service,
which was to assign eight former Fort Mitchel
staff to the Prison Service escort corps regional
base at Limerick. The arrangement, which was
put in place with effect from 19 January 2006,
involves eight staff from the Cork regional base
of the escort corps reporting for duty to the
Limerick regional base of the corps each day. The
need for such rotation will diminish and eventually
be eliminated over time through natural
wastage and the assignment of the requisite
number of staff to the Limerick regional base of
the escort corps from elsewhere in the service. In
recent days, the number on rotation has already
decreased to seven.
Question No. 1130 answered with Question
No. 1096.
Garda Investigations.
1131. Mr. Kenny asked the Minister for Justice,
Equality and Law Reform the actions he has
taken and proposes to take in regard to the activities
and responsibilities of the persons referred to
as the Colombia Three before and since their
return here; and if he will make a statement on
the matter. [1398/06]
1135. Mr. Kenny asked the Minister for Justice,
Equality and Law Reform his views on whether
the persons referred to as the Colombia Three
are a threat to the integrity of the State; and if he
will make a statement on the matter. [1403/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1131 and 1135 together.
I am informed by the Garda authorities that
the Garda Síochána continues to conduct an
extensive investigation into the so-called Columbia
Three. To date, this investigation has involved
the arrest and/or voluntary interview of persons.
Moreover, Garda inquiries of the Colombia authorities
are continuing in respect of the use of Irish
passports in that jurisdiction.
Documents seeking the extradition of the Colombia
Three were received from the Colombian
authorities in September 2005. There has been
subsequent contact with those authorities and no
final decision has yet been taken in the case.
The involvement of any person in terrorist
activities, inside or outside the State, is selfevidently
a threat to the security and integrity of
the State, whether directly or indirectly, not least
by threatening the rule of international law.
1132. Mr. Kenny asked the Minister for Justice,
Equality and Law Reform the success to date of
the Garda Síochána in dealing with issues relating
to the Northern Bank raid; and if he will make a
statement on the matter. [1399/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that the relevant issues continue to be
subject to active investigation and, upon completion,
a file will be submitted to the Director of
Public Prosecutions. In this regard, the Deputy
will be aware that the Garda Síochána has publicly
confirmed the link between the money-laundering
operation uncovered in 2005 and the proceeds
of the Northern Bank robbery. As the
Garda investigation is ongoing, detailed comment
on the matter would be inappropriate.
Garda Remuneration.
1133. Mr. Kenny asked the Minister for Justice,
Equality and Law Reform the extent of overtime
hours allocated to each Garda division for the
recognised Christmas period for each of the past
five years; the breakdown of these overtime hours
for each major station; and if he will make a statement
on the matter. [1400/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have been informed by the
Garda authorities, which are responsible for the
detailed allocation of resources, including personnel,
that the Commissioner devolves the annual
overtime budget through the rank structure to
superintendents or district officer. When
determining the budget allocations, the operational
exigencies of regular and special policing
operations, such as Operation Freeflow, which is
intended to cater for the traditional motoring
Christmas period, are taken into account. I have
been further informed by the Garda authorities
that, in general, as districts are allocated the overtime
budgets on an annualised basis and not for
specific operations, it is not possible to give a
breakdown of the overtime hours for each major
station over the past five years for the recognised
Christmas period.
Proscribed Organisations.
1134. Mr. Kenny asked the Minister for Justice,
Equality and Law Reform if the IRA is still a
proscribed organisation; and if he will make a
statement on the matter. [1402/06]
1136. Mr. Kenny asked the Minister for Justice,
Equality and Law Reform if the IRA still exists;

755 Questions— 25 January 2006. Written Answers 756
[Mr. Kenny.]
and if he will make a statement on the matter.
[1404/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1134 and 1136 together.
Pursuant to section 18 of the Offences against
the State Act 1939 and the Unlawful Organisation
(Suppression) Order 1939, the Irish Republican
Army — also the IRA and Óglaigh na
hÉireann — remains an unlawful organisation
which I am satisfied continues to exist and should
continue to be proscribed.
Question No. 1135 answered with Question
No. 1131.
Question No. 1136 answered with Question
No. 1134.
Legal Aid Service.
1137. Mr. Gormley asked the Minister for
Justice, Equality and Law Reform if he has
received correspondence from a person (details
supplied) on 22 November 2005; the steps he will
take to address the issues contained therein; and
if he will make a statement on the matter.
[1414/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I can confirm for the Deputy
that the correspondence referred to was received
in my Department. Observations were sought and
received from the Legal Aid Board and a reply
issued to the individual concerned last week.
Under the terms of the Civil Legal Aid Act
1995, the Legal Aid Board has sole responsibility
for deciding if an applicant is eligible for its
services. The Act further provides that I, as Minister
for Justice, Equality and Law Reform, cannot
have any involvement in individual cases. In the
circumstances, therefore, I am sure the Deputy
will appreciate that I cannot intervene in this
case.
Garda Investigations.
1138. Mr. Gregory asked the Minister for
Justice, Equality and Law Reform the reason that
personal items were not returned to a person
(details supplied); and if the issue of compensation
will be reconsidered for the sole survivor
of the Grangegorman murders. [1419/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The personal items referred to
were taken into the possession of the Garda
Síochána as part of the investigation into the
deaths at Grangegorman. That investigation is
ongoing. In January 2001 compensation was paid
by the Garda Síochána to the person referred to
and the original items remain in Garda custody.
1139. Mr. Gregory asked the Minister for
Justice, Equality and Law Reform further to
Question No. 520 of 15 November 2005, if the
Garda investigation is complete; and if he will
make a statement on the matter. [1420/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that the Garda investigation has been
completed and the investigation file has been submitted
to the law officers for consideration.
Parking Regulations.
1140. Mr. Gregory asked the Minister for
Justice, Equality and Law Reform further to
Question No. 496 of 8 November 2005, if the
matter has been clarified; and if he will make a
statement on the matter. [1421/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that under Dublin City Council bylaws
all vehicles whose laden weight is deemed to
be three tonnes or over are prohibited from parking
on streets within the Dublin City Council
administrative area except at designated parking
locations for such vehicles. The only signage
relating to these by-laws is erected by Dublin City
Council at the boundaries to the Dublin city
administrative area at the city limits on the main
artery roads into the city. Signage is not provided
on any individual roads or streets within the city
limits. Signs are provided at 16 designated parking
locations for heavy goods vehicles, HGV’s,
throughout the city where such vehicles can park.
These locations are listed in a booklet produced
by Dublin City Council in June 2005. The
location mentioned by the Deputy is not listed in
this booklet.
Closed Circuit Television Systems.
1141. Mr. McGuinness asked the Minister for
Justice, Equality and Law Reform when a closed
circuit television system will be installed in
Kilkenny city; the status of the project; and if he
will make a statement on the matter. [1436/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): As the Deputy is aware,
Kilkenny is one of the 11 remaining locations
nationwide which form part of the Garda CCTV
programme. As part of this programme, Garda
town centre CCTV systems are to be
implemented in the following locations: Athlone,
Ballyfermot, Carlow, Castlebar, Clondalkin,
Clonmel, Ennis, Kilkenny, Sligo, Tallaght and
Waterford.
As I have indicated previously, I am anxious
to accelerate the implementation of this CCTV
programme and reduce as far as possible the
workload of the Garda Síochána in this regard. I
believe that the answer is to outsource the installation
of Garda CCTV systems to the greatest

757 Questions— 25 January 2006. Written Answers 758
extent possible, making use not only of the technical
but also of the project management expertise
in the private sector.
In recent months the Garda Síochána has conducted
a thorough examination of all aspects of
Garda involvement in CCTV systems, including
the installation, operation and management of
CCTV systems; monitoring, recording and related
activities; accommodation and situation of facilities
and staff in regard to the town CCTV system
and Garda station premises; assessment of civilianisation
of Garda CCTV monitoring conducted
under the management of the Garda Síochána;
and the most appropriate procurement
model in terms of commercial viability and costeffectiveness
for the provision of town centre
CCTV systems.
I have recently received a comprehensive and
innovative proposal for the project management
and the outsourced service provision of 11 CCTV
systems, including Kilkenny, from the Garda
Commissioner. I have also approved a further six
locations to be added to this project.
The Garda authorities wish to commence the
initial public procurement process and I am also
anxious to proceed urgently with this comprehensive
request for tender to source the best CCTV
service possible for Kilkenny and the other 16
locations selected. This will happen in conjunction
with the imminent commencement of section
38 of the Garda Síochána Act 2005, which provides
a legislative basis for the operation of
CCTV in public places. My Department is currently
in consultation with the Department of
Finance with a view to proceeding as quickly as
possible with the procurement process to contract
the project managers and outsourced service providers
for the development, installation and management
of these CCTV systems.
My ambition is to have a Garda CCTV system
operating in Kilkenny and in the other locations,
at the earliest opportunity, subject to the limitations
of compliance with relevant procurement
legislation and procedures.
Deportation Orders.
1142. Mr. McGuinness asked the Minister for
Justice, Equality and Law Reform further to
Question No. 521 of 22 March 2005 regarding a
person (details supplied) in County Kilkenny, if
the deportation order will be withdrawn under
section 17.7 of the Refugee Act 1996 in view of
the additional information submitted to his
Department; and if he will make a statement on
the matter. [1441/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I signed a deportation order in
respect of the person concerned on 26 August
2004 following an assessment of his case under
section 3 of the Immigration Act 1999, as
amended, and section 5 of the Refugee Act 1996,
as amended, on the prohibition of refoulement.
As the Deputy is aware, the person concerned
had previously had his asylum claims rejected by
the statutory independent offices of the Refugee
Applications Commissioner and, on appeal, the
Refugee Appeals Tribunal.
The person concerned subsequently, through
his legal representatives, sought to be readmitted
to the asylum process in accordance with the provisions
of section 17(7) of the Refugee Act 1996,
as amended. The Deputy might wish to note that
a stay was put on his deportation order while the
request under section 17(7) was being considered
and this stay remains in place even though that
request under section 17(7) of the Act was
refused. A further similar request, under section
17(7) to have the person concerned readmitted to
the asylum process was received in my Department
on 6 December 2005. This request has now
been examined and, in recent days, a representative
from my Department has responded to this
request, refusing the request on the basis that no
new evidence or information has been adduced
that has not already been considered by the Refugee
Applications Commissioner or the Refugee
Appeals Tribunal as would add to the likelihood
of the person concerned qualifying for asylum.
The person concerned has served judicial
review proceedings challenging decisions of the
Minister for Justice, Equality and Law Reform
and the Refugee Appeals Tribunal and, as a
result of these proceedings, it would not be
appropriate for me to make any further comment
on the case of the person concerned at this time.
Departmental Correspondence.
1143. Dr. Cowley asked the Minister for
Justice, Equality and Law Reform the number of
times he has been contacted directly by a person
(details supplied) in connection with Garda
activity relating to the Corrib gas project; and if
he will make a statement on the matter.
[1449/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I can inform the Deputy that I
was not contacted directly regarding Garda issues
by the person to whom he has referred. The person
was in contact with my Department. He subsequently
attended a meeting in my Department
to discuss security issues relating to the Corrib gas
project. Like other Ministers, I received standard
correspondence from Shell Exploration & Production
setting out its version of events surrounding
the project.
Garda Operations.
1144. Dr. Cowley asked the Minister for
Justice, Equality and Law Reform the cost to the
taxpayer here of the ongoing Garda operations in
the Rossport-Ballinaboy area in north Mayo; his
views on whether the high level of Garda activity
is a waste of Garda time and manpower; if Garda

759 Questions— 25 January 2006. Written Answers 760
[Dr. Cowley.]
resources will not be better employed elsewhere;
and if he will make a statement on the matter.
[1451/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am advised by the Garda authorities,
which are responsible for the detailed
allocation of resources, that the total cost to 31
December 2005 of the Garda operation at Rossport-Ballinaboy,
including basic salary, overtime,
subsistence allowance and travelling expenses
plus other ancillary costs, amounted to \932,964.
This ongoing operation is regularly reviewed to
ensure the most effective and efficient use of
resources.
As section 7 of the Garda Síochána Act 2005
makes clear, the function of the force is to
provide policing and security services for the
State, with the objectives of, inter alia, preserving
peace and good order, protecting life and property,
and preventing crime. The Garda authorities
advise that these objectives are what motivate the
continued Garda presence in the Glengad, Rossport
and Ballinaboy areas. Garda resources are
deployed by local Garda management based on
an assessment of the situation pertaining locally
and other policing requirements.
The Garda Síochána also maintains a crime
prevention, criminal intelligence and road safety
initiative role in the areas it patrols, which is
incorporated in the Garda duty to monitor the
situation at Corrib gas project sites so as to preserve
the peace.
Garda management state that Garda personnel
assignments throughout the country, together
with overall policing arrangements and operational
strategy, are continually monitored and
reviewed. Such monitoring ensures that optimum
use is made of Garda resources and the best possible
service is provided for the public.
1145. Mr. F. McGrath asked the Minister for
Justice, Equality and Law Reform the reason for
the continuing overt Garda activity and surveillance
of local persons in the Rossport-Ballinaboy
area of north Mayo; his views on whether the persons
of the Rossport-Ballinaboy area are a threat
to the security of the State in view of the ongoing
heavy Garda activity; and if he will make a statement
on the matter. [1453/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that the Corrib gas project sites are
located at Glengad, Rossport and Ballinaboy,
County Mayo. A number of protesters are currently
present on the side of the public road at
Ballinaboy, County Mayo. I am further informed
by the Garda authorities that the reason for the
continued Garda presence in the Glengad, Rossport
and Ballinaboy areas is to enable the Garda
Síochána to perform in an impartial manner its
functions, which include preserving peace and
public order and protecting life and property, as
set out in the Garda Síochána Act 2005. The level
of Garda resources deployed is decided by local
Garda management, taking into consideration its
assessment of the situation and other policing
requirements.
Registration of Title.
1146. Mr. Ring asked the Minister for Justice,
Equality and Law Reform when a dealing in the
Land Registry will be completed for a person
(details supplied) in County Mayo. [1461/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have requested the Land
Registry to contact the Deputy directly concerning
the current position of the application in
question.
Residency Permits.
1147. Mr. Hogan asked the Minister for Justice,
Equality and Law Reform the position regarding
a residency application for a person (details
supplied); and if he will make a statement on the
matter. [1482/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I informed the Deputy in
response to Question No. 297 on 12 October 2004
and again on 28 September 2005 that it was
anticipated that the application in question would
be finalised in or around May 2006. This was on
the basis that the processing time for such applications
was 24 months at that time. That is still
the position.
The circumstances set out in the details that
accompany the Deputy’s question have not been
brought to the attention of my Department prior
to his question. I assume these circumstances are
mentioned in the context of the person concerned
wishing to travel to her country of origin. My
officials have informed me that the person concerned
has a valid passport from her country of
birth and that it is open to her to apply for a reentry
visa should she wish to leave the State.
Garda Reserve Force.
1148. Mr. Curran asked the Minister for
Justice, Equality and Law Reform the position
regarding the new Garda reserve force; the role
and functions of same; the areas in which
members will be stationed; the training members
will undergo; and when he envisages this force to
be operational. [1483/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The Garda Síochána Act 2005
provides for the establishment of a Garda reserve
and the Deputy will recall that the measure won
widespread support in the House during the passage
of the Act.

761 Questions— 25 January 2006. Written Answers 762
The Act lays special emphasis on training for
members of the Garda reserve. The Act further
provides that the power to appoint persons to the
reserve may only be exercised if the Commissioner
has submitted proposals to the Minister
for Justice, Equality and Law Reform for the
training of persons to be appointed and regulations
have been made concerning their recruitment,
training and terms and conditions.
In July 2005, the Garda Commissioner wrote
to me proposing a Garda reserve with a strength
of 4,000 members. I was supportive of the Commissioner’s
proposal and, as a first step, asked the
Commissioner to recruit 900 reserve members by
September 2006.
The Garda Commissioner is now drawing up
proposals on the recruitment and training of
reserve members and the duties they will be
given. No doubt the Commissioner will study
carefully the successful experience of volunteer
police in the UK and other jurisdictions, where
they provide important support for the regular
police.
When I receive the Garda Commissioner’s proposals,
I will engage in consultation with the
Garda representative associations before bringing
draft regulations to Government. I believe that
there is significant public support for the concept
of a Garda reserve. I also believe that the public
will have confidence in the Garda reserve system
that is implemented. I call on the Garda associations
to engage positively in the consultative
process.
The reserve will supplement the strength of the
Garda Síochána in policing local communities. It
is not a replacement for gardaí — as is proven by
the increase, currently under way, in the strength
of the force from 12,000 to 14,000. This project is
fully on target and will be achieved.
Question No. 1149 answered with Question
No. 1075.
Question No. 1150 answered with Question
No. 1098.
Prison Staff.
1151. Ms Enright asked the Minister for
Justice, Equality and Law Reform the areas in
which prison officers are being compelled to do
overtime; the number who are being so compelled;
the number of same who have not done
overtime before; the number of same there are in
Portlaoise Prison and the Midlands Prison, Portlaoise.
[1523/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The Deputy will be aware that
in August last year prisons staff voted by a substantial
majority to accept the revised proposal
for organisational change in the Irish Prison
Service, which, when implemented, will see the
elimination of overtime working in the Prison
Service and its replacement with a new additional
hours system. The new additional hours system,
which is based on the concept of annualised
hours, has been rolled out in ten institutions to
date, including the Midlands and Portlaoise
prisons. Accordingly, overtime is no longer being
worked in those institutions. The new system will
be rolled out in the remaining institutions on 12
February 2006, bringing about the total elimination
of overtime working in prisons across the
service.
Under the new system, staff contract to work a
fixed number of additional hours in the year and
they are paid for those hours whether they are
required to be worked, thereby encouraging
smart working and generating benefits for both
staff and management. Management will have
staff available when they are needed most, while
staff will have predictable attendance patterns
and earnings. The net effect of the new system
will be to reduce by more than half the level of
hours required to be worked by staff over and
above the normal working week.
Visa Applications.
1152. Mr. P. Breen asked the Minister for
Justice, Equality and Law Reform the progress
which has been made regarding holiday visa
applications lodged in October 2005 by persons
(details supplied); and if he will make a statement
on the matter. [1525/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The family applications to
which the Deputy refers were not for a holiday
but were sought to join the spouse-parent in the
State. The applicants were advised to submit a
P60 which has not yet been received. Once this
has been received a decision will be made.
Consultancy Contracts.
1153. Mr. Naughten asked the Minister for
Justice, Equality and Law Reform the funds spent
by his Department since June 1997 on consultants,
legal experts and external advice; the
number of reports produced under such contracts
and the number implemented to date by his
Department; the cost of such advice in 2005 and
the planned expenditure for 2006; and if he will
make a statement on the matter. [1539/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): Such detailed information as is
readily available in my Department in respect of
expenditure on external consultancy is set out in
the following table. Given the range and complexity
of issues addressed by my Department,
additional external advice has an important role
in providing skills and experience not readily
available within the Department, notably in the
areas of gender and disability equality.

763 Questions— 25 January 2006. Written Answers 764
[Mr. McDowell.]
Year Recipient of Contract Description Amount Paid
2003 Penna HR Consulting A “staff attitudinal/climate” survey undertaken
in the probation and welfare service 14,805
2003 Centre for Gender and Women’s Report of work life balance research
Studies, TCD 143,990
2003 DTZ Study of gender pay gap at sectoral level 38,517
2003 E-Training International Women and men as entrepreneurs and business
managers-report 32,881
2003 Jane Pillinger, Sheila Quinn and Ursula Pilot Gender Auditing Initiative
Barry 72,600
2003-2005 Michael McGrath Legal research in connection with codification of 115,676
the licensing laws
(ongoing)
2003 Farrell Grant Sparks Consulting Report on sexual harassment in the workplace in
EU member states 54,208
2003 Domestic Violence Responses An evaluation of intervention programmes in
Ireland working with abusive men 61,187
2003 Mr. Bernard Feeney Consultation on Disability Legislation 1,027
2003 Lansdowne Market Research European year of People with Disabilities Preand
Post-Advertising Research 26,620
2003 Ralaheen Research and Design Analysis of Success of 3% Target for
Employment of People with Disabilities in the
Public service 52,903
2003 Jane Pillinger Equal Status Review North Western Health
Board 33,580
2003 Community Legal Resources Integrated Approach to Equality Proofing 13,333
2003 Community Workers Co-operative Manual to support community sector
participation in equality proofing 15,600
2003 FÁS Equality Proofing Project on Employment
Services 18,089
2003 Millward Brown Irish Marketing Research into general opinions on racism and
Surveys Ltd.
attitudes to minority groups on behalf of the
National Anti-Racism Awareness Programme,
“Know Racism” 48,170
2003 National Consultative Committee on Report on a proposed framework for the
Racism and Interculturalism
National Action Plan Against Racism and
assistance in drafting the Action Plan itself 73,466
2003 Johnny Connolly Study analysing the effects of crime/drug misuse
in North Inner City Dublin — report
“Monitoring quality of Life in the North Inter
City” 10,800
2003 Pricewaterhouse Coopers Preparation of Financial Report, Land Registry 19,360
2003 Renaissance Contingency Services Ltd. Design and Implement a Disaster
Recovery/Business Plan Recovery for the
Refugee Appeals Tribunal 6,655
2003 Sharon Rusu Consultancy to conduct a strategic review and
analysis of the Refugee Documentation
Centre 22,464
2003-2004 RITS Risk Analysis in relation to transfer of files to
Payroll Division, Killarney 38,502
2003-2004 Capita Business Services Ltd. In-depth examination of the maintenance/trades
functions in the prisons 107,656
2003 Dr. Ann Hope Consultant on Physical Education in Irish
Prisons 4,200
2003-2004 Ross Anderson Biomechanics Advice regarding the development and
evaluation of gym equipment 4,639
2003-2004 Pricewaterhouse Coopers Tax advice 10,254
2003 Gordon Lakes Expert support for Irish Prison Service Staffing
and Operations Review Team (SORT) 11,254
2003-2004 David Evans Expert support for Irish Prison Service Staffing
and Operations Review Team (SORT) 43,380
2003 Warrington Fire Research Advice on fire rating of doors 3,393
\

765 Questions— 25 January 2006. Written Answers 766
Year Recipient of Contract Description Amount Paid
2003 Byrne O’Clerigh Risk Assessment on storage of explosives 23,731
2003 Pricewaterhouse Cooper Review of Internal Audit 24,388
2003 ETCI Development of audit Tool Phase 2 24,684
2003 Excellence Ireland Pilot of National standards for Disability
Services 47,311
2003 The Children’s Research Centre TCD To prepare discussion paper on Researching
Children with Disabilities 37,500
2003-2005 Fleishman Hillard Saunders Public Relations, National Disability Authority 406,339
(due to end
31/01/06)
2003-2005 Fleishman Hillard Saunders Public Relations, National Disability Authority 135,408
(ongoing)
2003-2005 Secta Consulting Evaluation of the National Standards for 34,696
disability services
(ongoing)
2003 Goodbody Economic Consultants Evaluation of European Refugee Fund 35,514
2004 Pricewaterhouse Cooper Review, Develop and Document IT Strategy,
Legal Aid Board 20,500
2004 GFP Consult Devising a Framework for monitoring,
evaluating and developing PMDS 32,631
2004 Hibernian Consulting Guidance sheets on incorporating gender
equality not the National development Plan
(NDP) 59,955
2004 E-Training International Gender statistics on transport and housing 23,183
2004 E-Training International An Attitudinal Survey of the role of Women on
the Farm 34,206
2004 Fitzpatrick Associates Developing Indicators for the National Women’s
Strategy 40,000
2004 John Wylie Legal Research and drafting of Bill(s) to codify
land and conveyancing law 114,553
2005 Document Evidence Forensic examination of documents 6,978
2004-2005 Marcus Bourke Drafting of Bill(s) to codify land and 22,260
conveyancing law
(ongoing)
2004 Helm Corporation External review of internal audit (as required by
Report of the Working Group on the
Accountability of Secretaries General and
Accounting Officers (Mullarkey) 45,827
2004 Finbarr Crowley Provided engineering expertise in the field of
road safety cameras — King group on speed
cameras. 5,957
2004 Carr Communications Consultation on National Disability Strategy 12,000
2004 Open Interface Ltd. Accessibility Audit of the Department Website 2,141
2004 Siobhain Lynam Review and Evaluation of the National Anti
Racism Awareness Programme Know Racism 19,314
2004 Chartered Institute of Transport in Evaluation of transport tender
Ireland 1,600
2004 Purchasing Solutions Evaluation of inspection tender and evaluation
of tenders for Management Services at various
State owned centres 9,680
2004 University of Limerick Sanctuary A survey of refugees and persons with leave to
Initiative remain in Limerick. 15,000
2004 Conal Devine & Associates Investigation into allegations of bullying and
harassment in the Probation and Welfare
Service 9,149
2004 Excellence Ireland Quality Assurance Business excellence organisational review of the
Probation and Welfare Service 18,713
2004 Nifast Conduct safety audit of all the Registries
premises to produce a risk assessment
document and a revised safety statement in
compliance with statutory requirements to
conduct a training course for staff 21,425
2004 Pricewaterhouse Coopers Review Financial information, prepare new set
of projections to comment on viability and risk
factors, Land Registry 26,015
2004 Conal Devine & Associates IR Services, Legal Aid Board 13,275
2004 Haley and Associates IR Services, Legal Aid Board 17,032
\

767 Questions— 25 January 2006. Written Answers 768
[Mr. McDowell.]
Year Recipient of Contract Description Amount Paid
\
2004 Pricewaterhouse Coopers Document Management Options Analysis for
the Office of the Refugee Applications
Commissioner 7,999
2004 PA Consulting Group Consultancy Services to assist with Business
Analysis and Review of the Asylum,
Immigration and Citizenship Areas 128,220
2004 Capgemini Requirements specification of projects in the
proposed Asylum, Immigration and
Citizenship, IT Strategy Implementation 390,739
Programme.
(ongoing)
2004 Brendan Shiels Business Case Research 46,464
2004 Achilles Procurement Advice & Analysis 54,993
(ongoing)
2004 KPMG Review of Fund Management Contracts 12,463
2004 Epsilon Consulting Evaluation of the Expenditure Review Report 5,433
2004 Dr. Jane Pillinger International Review of the National Disability Nil
Authority
(ongoing)
2004 Tns-MRBI Social Inclusion of People with Disabilities —
Survey Module 33,058
2004 Trinity College Dublin A review of primary education for children with
disabilities in Ireland 36,808
2004 Equality Strategies Ltd. Peer Review for National Disability Authority
Accessibility Awards 2,400
2004-2005 Centre for Inclusion Technology Peer Review for National Disability Authority Nil
Accessibility Awards
(ongoing)
2004-2005 Dr. Jane Pillinger A guide to the Disability Commitments in the
City/County Development Board Strategy
Plans and Actions 6,655
2004-2005 Excellence Ireland Quality Association Study to Evaluate the National Disability
Authority accessibility Audit Tools 14,520
2004-2005 Jane Sixsmith, Centre for Health Research Proposal — to identify health service
Promotion Studies, University College inequalities experienced by persons with a 40,000
Galway disability (ongoing)
2004-2005 Maureen Gilbert Agreement on Style Book for National 5,000
Disability Authority Written Communications (ongoing)
2004-2005 Fionnula Rogerson Architects The effectiveness of Part M of the Building
Regulations 2000 — to examine the
effectiveness of Part M at making buildings 30,000
accessible to people with disabilities.
(ongoing)
2004-2005 Economic and Social Research Institute Social Inclusion of People with Disabilities —
Analysis of Social inclusion variables in 36,211
existing data sets
(ongoing)
2004 David Forrestal Accessibility Guidelines for Educational
Establishments 2,150
2004-2005 System Dynamics Solutions Ltd. Development and re-formatting of website 153,532
including work on Library catalogue
(ongoing)
2004-2005 Beauchamps Legal Advice, National Disability Authority 23,944
(ongoing)
2004 Frontend Usability Engineering Ltd. IT Accessibility Guidelines — to provide
comprehensive direction on making
electronically delivered services widely
accessible to people with disabilities 64,200
2004 Goodbody Economic Consultants Monitoring — Research into people with
Disabilities 14,833
2004 QE5 Management and Recruitment A discussion paper on disability and sexual
orientation 7,999
2004 Booz Allen Hamilton Accessibility of Public Services 49,429
2004-2005 FGS Organisational Review — Review of the
National Disability Authority resources and 22,401
structures
(ongoing)
Note: The above tabular statement sets out those projects which constitute consultancy as defined in the Department of Finance
guidelines on the subject for the period 2003 to 2004, and ongoing where indicated. It does not incorporate information on the
Garda Síochána.

769 Questions— 25 January 2006. Written Answers 770
Citizenship Applications.
1154. Mr. Ring asked the Minister for Justice,
Equality and Law Reform when a decision will
be made on an application for naturalisation by a
person (details supplied) in County Mayo.
[1547/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): An application for a certificate
of naturalisation from the person referred to by
the Deputy was received in the citizenship section
of my Department on 18 March 2004. The average
processing time for such applications is 24
months at present. It is likely, therefore, that the
case will be finalised in the next few months. I
will be in touch with both the Deputy and the
applicant when I have reached a decision on the
matter.
Garda Deployment.
1155. Mr. Ring asked the Minister for Justice,
Equality and Law Reform the number of gardaí
who were stationed in County Mayo for each of
the past five years; and if he will provide a breakdown
of these figures. [1556/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have been informed by the
Garda authorities, which are responsible for the
detailed allocation of resources, including personnel,
that the number of gardaí stationed in
County Mayo as at 31 December for each of the
past five years was as set out in the folowing
table:
Mayo Division 2001 2002 2003 2004 2005
District: Castlebar
Castlebar 56 61 62 58 57
Ballyvary 1 1 1 1 1
Ballyglass 2 1 1 1 1
Balla 1 2 2 2 2
Partry 2 2 2 2 2
Glenisland 1 1 1 1 1
Tourmakeady 1 1 1 1 1
District: Ballina
Ballina 38 36 37 37 38
Killala 2 2 2 2 2
Ballycastle 1 1 1 1 1
Bonniconlon 1 1 1 1 1
Crossmolina 4 4 4 2 3
Lahardane 1 1 1 1 1
Enniscrone 3 3 3 3 3
Easkey 3 3 3 3 3
District: Belmullet
Belmullet 16 19 19 19 19
Blacksod 2 2 2 1 1
Bellacorrick 1 1 1 1 1
Bangor Erris 3 3 3 3 3
Mayo Division 2001 2002 2003 2004 2005
Ballycroy 1 1 1 1 1
Glenamoy 1 1 1 2 2
District: Claremorris
Claremorris 22 23 23 21 21
Kilmaine 1 1 0 1 1
Ballindine 1 1 1 1 1
Knock 4 3 4 4 4
Ballinrobe 8 9 11 11 11
Cong 1 1 0 1 1
Shrule 3 1 1 1 1
Hollymount 1 1 1 1 1
District: Swinford
Swinford 19 22 24 24 22
Kiltimagh 4 3 4 4 3
Charlestown 4 4 4 4 2
Kilkelly 2 2 2 2 2
Ballyhaunis 9 9 10 9 8
Foxford 3 2 2 2 2
District: Westport
Westport 24 27 27 27 25
Newport 2 2 2 2 2
Achill Sound 5 4 5 4 4
Mulranny 1 1 1 1 1
Louisburgh 2 2 2 2 2
Keel 0 1 1 1 1
The timescale for achieving the target strength of
14,000 members of the Garda Síochána in line
with the commitment in an Agreed Programme
for Government remains as when I announced
the Government approval in October 2004 for my
proposals to achieve this objective. The phased
increase in the strength of the Garda Síochána to
14,000 will lead to a combined strength, of both
attested gardaí and recruits in training, of 14,000
by the end of this year. As part of the accelerated
recruitment campaign to facilitate this process,
1,125 Garda recruits were inducted to the Garda
College during 2005. The college will induct 1,100
recruits this year and a further 1,100 in 2007, by
way of intakes to the Garda College of approximately
275 recruits every quarter. This project is
fully on target and will be achieved.
Question No. 1156 answered with Question
No. 1075.
Registration of Title.
1157. Mr. P. Breen asked the Minister for
Justice, Equality and Law Reform further to
Parliamentary Question No. 373 of 6 December
2005, if the Land Registry will expedite an application
for a person (details supplied) in County
Clare; and if he will make a statement on the
matter. [1576/06]

771 Questions— 25 January 2006. Written Answers 772
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have requested the Land
Registry to contact the Deputy directly concerning
the current position of the application in question.
I understand that, in circumstances where
the completion of an application in a particular
case is urgent, the Land Registry will make every
reasonable effort to facilitate such requests on
receipt of a written explanation as to the reason
underlying the urgency.
Garda Strength.
1158. Mr. Quinn asked the Minister for Justice,
Equality and Law Reform the number of Gardaí
attached to each station in the Dublin metropolitan
region at year end in each of 1997, 2002 and
2005; the number of Gardaí here on each of the
same dates; and if he will make a statement on
the matter. [1585/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have been informed by the
Garda authorities, which are responsible for the
detailed allocation of resources, including personnel,
that the number of gardaí attached to each
station in the Dublin metropolitan region at 31
December 1997, 2002 and 2005 was as set out in
the following table.
1997 2002 2005
D.M.R. South Central District “A”
Kevin St. 124 117 122
Kilmainham 75 76 81
District “B”
Pearse St. 231 214 253
Harcourt Tce. 91 79 74
District “E”
Donnybrook 126 114 121
Irishtown 60 49 56
D.M.R. South District “G”
Crumlin 82 88 87
Sundrive Rd. 54 57 65
District “M”
Rathfarnham 63 74 70
Tallaght 133 159 167
District “P”
Rathmines 90 67 70
Terenure 49 84 97
D.M.R. North District “H”
Santry 93 91 119
Whitehall 45 40 34
Ballymun 57 64 62
Dublin Airport 50 19 21
District “R”
Coolock 93 84 88
Malahide 43 43 40
Swords 45 57 65
1997 2002 2005
District “J”
Raheny 64 64 59
Clontarf 57 64 63
Howth 30 41 49
D.M.R.West District “K”
Blanchardstown 89 132 167
Cabra 82 76 69
Finglas 76 78 76
District “Q”
Lucan 58 73 68
Leixlip 11 24 25
Ronanstown 58 72 88
District “L”
Ballyfermot 72 73 80
Clondalkin 56 82 81
Rathcoole* 11* 21 25
D.M.R. North Central District “C”
Store St. 231 225 271
District “U”
Fitzgibbon St. 120 116 119
Mountjoy 78 82 90
District “D”
Bridewell 156 157 162
D.M.R. East District “F”
Dun Laoghaire 109 106 99
Dalkey 27 29 26
Kill-O’the-Grange 35 36 33
Cabinteely 42 39 39
District “N”
Bray 76 79 88
Enniskerry 6 5 5
Shankhill 50 53 60
Greystones 28 28 29
District “W”
Blackrock 71 66 75
Dundrum 62 69 75
Stepaside 40 36 29
*Rathcoole Garda station was formerly part of the Carlow-
Kildare division and became part of the Dublin metropolitan
region, west division, in 1998.
The timescale for achieving the target strength of
14,000 members of the Garda Síochána in line
with the commitment in an Agreed Programme
for Government remains as when I announced
the Government approval in October 2004 for my
proposals to achieve this objective. The phased
increase in the strength of the Garda Síochána to
14,000 will lead to a combined strength, of both
attested gardaí and recruits in training, of 14,000
by the end of this year, with a fully attested
strength of 14,000 by 2008. As part of the accelerated
recruitment campaign to facilitate this process,
1,125 garda recruits were inducted to the
Garda College during 2005. The college will
induct 1,100 recruits this year and a further 1,100

773 Questions— 25 January 2006. Written Answers 774
in 2007 by way of intakes to the Garda College
of approximately 275 recruits every quarter. This
project is fully on target and will be achieved.
Garda Deployment.
1159. Mr. Quinn asked the Minister for Justice,
Equality and Law Reform the number of gardaí
allocated to Pearse Street Garda station on 1
January 2006; the number engaged in local
policing duties; the number engaged in community
policing; the number engaged specifically
in working on drugs-related crimes; the number
engaged in specialist duties; the number assigned
to diplomatic and governmental protection
duties; the number assigned to citywide response
units; the number assigned to administrative
duties; the number assigned to specialist duties
carried out by Pearse Street Garda station covering
the patrol areas of other Garda stations; the
average number of gardaí on duty in any particular
shift; the number of man-days lost to sick
leave during 2005 in Pearse Street Garda station;
and if he will make a statement on the matter.
[1586/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have been informed by the
Garda authorities, which are responsible for the
detailed allocation of resources, including personnel,
that the personnel strength of Pearse Street
Garda station as at 1 January 2006 was 253, all
ranks. Garda management further state that
Garda personnel assigned to Garda stations in
the Dublin metropolitan region are attached to
uniform, detective, task force, special resource,
mountain bike, community policing and drugs
units. Resources are augmented from within each
district or division, as required. Garda management
further state that for security and operational
reasons it is not Garda policy to disclose
the number of personnel on duty in any particular
area over a specific period of time. The total
number of man-days lost to sick leave in Pearse
Street Garda station in 2005 was 1,108. The timescale
for achieving the target strength of 14,000
members of the Garda Síochána in line with the
commitment in an Agreed Programme for
Government remains as when I announced the
Government approval in October 2004 for my
proposals to achieve this objective. The phased
increase in the strength of the Garda Síochána to
14,000 will lead to a combined strength, of both
attested Gardaí and recruits in training, of 14,000
by the end of this year, with a fully attested
strength of 14,000 by 2008. As part of the accelerated
recruitment campaign to facilitate this process,
1,125 Garda recruits were inducted to the
Garda College during 2005. The college will
induct 1,100 recruits this year and a further 1,100
in 2007, by way of intakes to the Garda College
of approximately 275 recruits every quarter. This
project is fully on target and will be achieved.
Garda Stations.
1160. Mr. N. O’Keeffe asked the Minister for
Justice, Equality and Law Reform his views on
establishing a new Garda sub-station at a location
(details supplied) in County Cork. [1691/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have been informed by the
Garda authorities, which are responsible for the
detailed allocation of resources, including personnel,
that the personnel strength of Mallow Garda
station as at 20 January, 2006 was 32 all ranks.
Local Garda management states that it is satisfied
that there is no need to establish a new Garda
sub-station on the south side of Mallow town as
the current arrangements in place in Mallow are
adequate to meet the present policing needs of
the area. Garda management further state that
Garda personnel assigned throughout the country,
together with overall policing arrangements
and operational strategy are continually monitored
and reviewed. Such monitoring ensures that
optimum use is made of Garda resources and the
best possible service is provided for the public.
Legislative Programme.
1161. Mr. Deenihan asked the Minister for
Justice, Equality and Law Reform if section 5 of
the Arbitration Act 1980 will be reviewed as
under the present legislation there is not recourse
to the courts in the event of a party to an arbitration
being dissatisfied with the arbitrator’s
decision; and if he will make a statement on the
matter. [1716/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): It is an essential characteristic
of the arbitration process, in this jurisdiction as in
others, that the decision of the arbitrator is
intended to be final and binding upon the parties.
This does not, however, preclude a limited, supervisory
role for the courts in certain circumstances.
I have no plans to amend the law to effect a
change in this position.
Electural Register.
1162. Mr. Gilmore asked the Minister for
Justice, Equality and Law Reform his plans to
change the way in which juries are assembled in
view of the unreliability of the electoral register;
if he has received complaints from families that
deceased persons are being summonsed for jury
duty; and if he will make a statement on the
matter. [1736/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): Under the Juries Act 1976, each
citizen aged 18 years or upwards and under the
age of 70 who is entered in a register of Dáil electors
is liable to serve as a juror. I have no plans
to change this provision. The compilation of such
registers is a matter for the relevant local auth-

775 Questions— 25 January 2006. Written Answers 776
[Mr. McDowell.]
orities and, as Minister for Justice, Equality and
Law Reform, I have no function in the matter.
The register is published each 1 November. Anyone
can inspect this register which is available at
all local authority offices, post offices, Garda
stations and public libraries. I can confirm that I
have recently replied in these terms to correspondence
received in the matter.
Asylum Support Services.
1163. Mr. Ferris asked the Minister for Justice,
Equality and Law Reform his proposals to close
the publicly owned asylum accommodation units
at Ballymullen Barracks, Atlas House and
Johnston Marina, Tralee while retaining those
which are currently in private ownership; and if
he will make a statement on the matter.
[1737/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The Reception and Integration
Agency, RIA, is charged with providing accommodation
under the Government policy of direct
provision for asylum seekers. Decisions regarding
the opening, reclassification or closing of centres
are made in the context of the overall demand for
accommodation and the need to achieve value for
money in the context of managing a very large
property portfolio.
Such management requires responses both to
the changing numbers of persons seeking asylum
and to the numbers of asylum seekers requiring
accommodation from the RIA. A considerable
number of asylum seekers have left RIA accommodation
having been granted leave to remain in
the State on the basis of having an Irish-born
child. This exodus from RIA accommodation
allied to the reduced number of persons seeking
asylum requires RIA to engage in a major review
of its accommodation needs. It is incumbent on
the RIA to optimise overall service provision,
make the best use of its accommodation
resources and provide accommodation in a sensitive,
balanced and proportionate way.
In 2005, the RIA closed a number of centres.
However, a more detailed examination of the
accommodation needs is now required. To that
end, the RIA is currently engaged in a major
review of all accommodation centres throughout
the State, including State-owned centres, in order
to ascertain the most appropriate level of accommodation
required by the RIA in the short to
medium-term future.
At this time, the RIA has made no decision on
the future of the named, State-owned centres in
Tralee and any such decision will be made in the
context of an overall assessment of the accommodation
needs of asylum seekers.
Deportation Orders.
1164. Mr. Naughten asked the Minister for
Justice, Equality and Law Reform if deportation
orders will be reviewed for persons (details
supplied); and if he will make a statement on the
matter. [1764/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The persons to whom the
Deputy refers arrived in the State on 20 January
2005 and sought asylum. It was decided to refuse
refugee status and deportation orders in respect
of the persons were made on 23 November 2005.
Judicial review proceedings challenging the
deportation orders were instituted on 13 January
2006 and, accordingly, as the matter is sub judice,
I do not propose to comment further on the
matter.
Residency Permits.
1165. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform the number of people
who are awaiting a decision on leave to remain
here as per 31 December 2005. [1770/06]
1166. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform the number of people
who have sought leave to remain here, at his
behest, since 1 June 2002. [1771/06]
1167. Mr. Boyle asked the Minister for Justice,
Equality and Law Reform the number of people
who have been refused leave to remain here, at
his behest, since 1 June 2002. [1772/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to answer Questions
Nos. 1165 to 1167, inclusive, together.
I presume that the Deputy is referring to applications
for leave to remain in the State made pursuant
to section 3(6) of the Immigration Act 1999,
as amended. an application for leave to remain in
the State in these circumstances arises where a
non-national is served with a notice of intent to
deport under section 3(3)(a) of the Immigration
Act 1999. A person served with such a notice of
intent to deport is afforded three options: to leave
the State voluntarily; to consent to the making of
a deportation order; or to make representations
in writing within 15 working days setting out
reasons a deportation order should not be made
and temporary leave to remain in the State be
granted instead. Leave to remain, outside that
granted on the grounds of parentage of an Irish
born child or marriage to an Irish or EU national,
is considered in the context of deciding whether
to deport a non-national.
In determining whether to make a deportation
order or grant temporary leave to remain in the
State, I must have regard to the 11 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

777 Questions— 25 January 2006. Written Answers 778
made by, or on behalf of, the persons concerned.
Statistics are not maintained in a way which distinguishes
between those who have made an
application for leave to remain and those who
have not. Moreover, it must be borne in mind
that many of those who failed the asylum process,
and who did not opt to return voluntarily or consent
to deportation, nonetheless left the State
before a decision to deport or grant leave to
remain was made.
The figures in the following table refer to persons
who received notification of intention to
deport under section 3(b)(ii) of the Immigration
Act 1999, as amended, but were subsequently
granted temporary leave to remain in the State
for an initial period of one year. The majority of
these would have been persons who were refused
refugee status in the State.
Leave to remain granted
Year 2002 2003 2004 2005
Number of persons 158 86 207 135
The figures in the table above do not include persons
who have been granted permission to remain
in the State on the basis of parentage of an Irishborn
child either under the revised scheme
announced in January 2005 or under the earlier
arrangements, or those granted residency on the
basis of marriage to Irish or EU nationals. Many
of these persons would otherwise have been considered
for leave to remain in the context of the
deportation system described above. For
example, in the case of the Irish-born child
scheme initiated in January of last year, a total
of 17,920 applications for leave to remain were
received, of which, as of 31 December 2005,
16,800 have been granted.
Criminal Records.
1168. Mr. O’Shea asked the Minister for
Justice, Equality and Law Reform his proposals
to put a limit on the length of time the record of
a criminal conviction in the District Court is held
in District Court records and available to any
member of the public, where the convicted person
does not reoffend over many years; and if he
will make a statement on the matter. [1779/06]
1169. Mr. O’Shea asked the Minister for
Justice, Equality and Law Reform his proposals
to put a limit on the length of time the record of
a criminal conviction in the District Court is held
by the Garda Síochána where the convicted person
does not reoffend over many years; and if he
will make a statement on the matter. [1780/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to answer Questions
Nos. 1168 and 1169 together.
As the Deputy will be aware, a criminal conviction
reflects a verdict of the courts. There is currently
no provision for expunging a criminal conviction
from either court or Garda records. With
the introduction of the Children Act 2001, provision
was made for a limited “wiping of the
slate” in respect of most offences committed by
persons under 18 once certain conditions have
been met. This provision, which came into operation
on 1 May 2002, limits as far as possible the
effects of a finding of guilt, where those conditions
have been met, by treating the person for
all purposes in law as a person who has not committed,
been charged with, prosecuted for, found
guilty or dealt with for an offence.
The Law Reform Commission, LRC, as part
of its second programme for the period 2000-07
proposes to consider the longevity of criminal
records and the expunging of certain offences. I
understand that the LRC intends to prepare a
consultation paper examining the issues surrounding
the matter of spent convictions. I will
consider any recommendations the commission
may make on the matter.
Residency Permits.
1170. Mr. Bruton asked the Minister for
Justice, Equality and Law Reform when a person
(details supplied) in Dublin 24 will be granted
residency to remain here; and if he will make a
statement on the matter. [1782/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person concerned, a
Romanian national, arrived in the State on 27
May 1997 and applied for asylum. He withdrew
his asylum application and lodged an application
based on the parentage of a child born in the
State. He was notified that his application for permission
to remain in the State was refused
because he did not form part of a family unit
within the State with the child concerned or the
child’s mother. Subsequently, in accordance with
section 3 of the Immigration Act 1999, the person
concerned was informed on 18 October 2001 that
the Minister proposed to make a deportation
order in respect of him. Following consideration
of the person’s case file and representations submitted
on his behalf, a deportation order was
signed in respect of him on 2 August 2002.
Following judicial review proceedings in
relation to this deportation order, it was revoked
on 13 June 2003. Fresh representations will be
requested from the person concerned and these
will be considered in conjunction with representations
previously received. When this is done,
the individual’s file will be passed to me for consideration.

779 Questions— 25 January 2006. Written Answers 780
Crime Levels.
1171. Mr. J. O’Keeffe asked the Minister for
Justice, Equality and Law Reform the number of
offences committed by accused persons while out
on bail for 2002, 2003, 2004 and 2005; and if he
will provide a breakdown of the number in this
category who were convicted of or charged with
having committed crimes of homicide, rape or
other sexual assault or drug offences. [1787/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I regret that it has not been possible
in the time available to obtain the information
requested by the Deputy. I will contact
the Deputy again when the information is to
hand.
Asylum Applications.
1172. Mr. J. O’Keeffe asked the Minister for
Justice, Equality and Law Reform if the commission
of crimes or breaches of the law here are
factors taken into account in determining
whether to grant refugee status. [1788/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): All applications for asylum in
the State are processed in accordance with the
provisions of the Refugee Act 1996 and in particular
having due regard to the definition of a
”refugee“ in section 2 of that Act, which states
that a ”refugee“ is: a person who, owing to a well
founded fear of being persecuted for reasons of
race, religion, nationality, membership of a particular
social group or political opinion, is outside
the country of his or her nationality and is unable
or, owing to such fear, is unwilling to avail himself
or herself of the protection of that country; or
who, not having a nationality and being outside
the country of his or her former habitual residence,
is unable or, owing to such fear, is unwilling
to return to it”. However, this definition does
not include a person who: (i) has committed a
crime against peace, a war crime, or a crime
against humanity, as defined in the international
instruments drawn up to make provision in
respect of such crimes; (ii) has committed a
serious non-political crime outside the State prior
to his or her arrival in the State; or (iii) has been
guilty of acts contrary to the purposes and principles
of the United Nations. The task, therefore,
in the case of each individual asylum seeker, is to
determine whether, following investigation, he or
she is deemed to come within the terms of that
definition on the basis of all the information provided
and on the basis of comprehensive country
of origin information drawn from independent
sources, such as the UNHCR.
A person seeking the status of refugee in the
State may apply to the Minister for Justice,
Equality and Law Reform under section 8 of the
1996 Act for a declaration to the effect that such
person is a refugee in accordance with the definition
as outlined. As provided for in the 1996 Act,
the investigation of individual applications is
carried out by two independent offices, namely,
at first instance, by the Office of the Refugee
Applications Commissioner, ORAC, which
makes a recommendation to the Minister as to
whether an applicant should or should not be
declared to be a refugee. an appeal by the applicant
against a first instance recommendation is
made to the Refugee Appeals Tribunal, RAT,
which may affirm or set aside the recommendation.
While the commission of crimes or breaches of
the law in the State are not normally relevant to
the asylum investigation by the two independent
agencies, the issuing of a declaration by the Minister
pursuant to a recommendation of ORAC or
a decision of the RAT is governed by section 17
of the 1996 Act which, inter alia, provides for the
Minister to take national security and public
policy matters into account.
Registration of Title.
1173. Mr. P. Breen asked the Minister for
Justice, Equality and Law Reform , further to
Parliamentary Question No. 370 of 6 December
2005, if the Land Registry will expedite an application
for a person (details supplied) in County
Clare; and if he will make a statement on the
matter. [1792/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have requested the Land
Registry to contact the Deputy directly concerning
the current position of the application in question.
I understand that, in circumstances where
the completion of an application in a particular
case is urgent, the Land Registry will make every
reasonable effort to facilitate such requests on
receipt of a written explanation as to the reason
underlying the urgency.
1174. Mr. Ring asked the Minister for Justice,
Equality and Law Reform if he will ascertain
from the Land Registry the position regarding a
dealing application for persons (details supplied)
in County Mayo; if this application will be
expedited; and when same will be completed.
[1798/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have requested the Land
Registry to contact the Deputy directly concerning
the current position of the application in question.
I understand that, in circumstances where
the completion of an application in a particular
case is urgent, the Land Registry will make every
reasonable effort to facilitate such requests on
receipt of a written explanation as to the reason
underlying the urgency.

781 Questions— 25 January 2006. Written Answers 782
Pension Provisions.
1175. Mr. P. McGrath asked the Minister for
Justice, Equality and Law Reform the amount of
money collected by his Department by way of
superannuation payments by employees in 2003,
2004 and 2005; and where applicable, the amount
paid into the social insurance fund by those
employees in each of these years; and if he will
make a statement on the matter. [1816/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The amount of money collected
by my Department by way of superannuation
payments by employees in 2003, 2004, 2005 and
the amount paid into the social insurance fund by
those employees in each of these years is as
follows:
Superannuation Payments
Garda Vote Prison Vote Justice Land Registry Courts Service
2003 24,344,443 4,154,524 975,523 416,817 705,173
2004 26,970,051 4,475,933 1,247,397 516,545 836,936
2005 28,445,624 4,857,399 1,538,380 566,168 942,500
Social Insurance Contributions
Garda Vote Prison Vote Justice Land Registry Courts Service
2003 21,698,371 6,713,061 1,556,204 675,165 1,207,335
2004 24,557,128 6,669,720 1,859,643 810,092 1,381,430
2005 26,295,870 7,239,527 1,963,613 834,860 1,442,287
Figures in respect of 2005 are provisional at this stage.
Prison Staff.
1176. Aengus Ó Snodaigh asked the Minister
for Justice, Equality and Law Reform the amount
of savings in spending on prison officers’ overtime
which has been directly reinvested in
rehabilitation measures since the resolution of
the dispute. [1836/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The proposal for organisational
change in the Prison Service which is currently
being implemented across the prison system
allows for delivery of a full range of services to
prisoners and for the ongoing development of
services for prisoners. The staffing and attendance
arrangements will enable the introduction of
a coherent training and development policy for
all grades of staff in the Prison Service to ensure
the availability of multi-skilled staff who can participate
effectively in rehabilitative programmes.
Furthermore, the industrial programme in the
Prison Service, which provides structured
vocational training to offenders enabling them to
acquire certified skills and equipping them for
gainful employment after their release, will be
expanded and developed under the agreement.
The Deputy will appreciate that the level of
change comprehended by the proposal for organisational
change in the Prison Service cannot be
implemented overnight and that the timeframes
agreed for implementing the various elements of
the proposal must be respected. The new
additional hours system, which is based on the
concept of annualised hours, has been rolled out
in ten institutions to date and will be rolled out
in the remaining institutions on 12 February 2006,
bringing about the total elimination of overtime
working in prisons across the service.
It is not yet possible to indicate the amount,
to be saved in overtime payments, which will be
directly allocated to rehabilitation measures.
When the new working arrangements have been
rolled out fully and the savings envisaged have
been realised, the question of further enhancing
prisoner regimes will be considered in consultation
with the Department of Finance. Any
additional resources coming available may also
be used to continue modernisation of prison
facilities which would improve prisoner
conditions.
Question No. 1177 withdrawn.
Closed Circuit Television Systems.
1178. Mr. Gregory asked the Minister for
Justice, Equality and Law Reform the process by
which community groups which were recently
grant-aided for closed circuit television systems
will utilise same; the person who will monitor
same; and the controls and restrictions which will
be exercised and by whom. [1887/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): Section 38 of the Garda Síochána
Act 2005 provides a statutory basis for the
operation of CCTV systems in public places by
the Garda Síochána and certain other bodies. The

783 Questions— 25 January 2006. Written Answers 784
[Mr. McDowell.]
provision outlines significant oversight powers for
the Garda Síochána in the exercise of this function
on behalf of the State. I am about to commence
the provisions of section 38 of the Act,
among others, and will shortly bring proposals to
Government for the criteria to apply to community
groups operating CCTV systems.
As the Deputy is aware, I launched the community-based
CCTV scheme last year in response
to a demonstrated demand from local communities
across Ireland for the provision of CCTV
systeMs The purpose of the scheme is to support
local communities which wish to install and maintain
CCTV security systems in their area, with the
aim of increasing public safety and reducing the
risk of anti-social and criminal activity. The
scheme is designed to provide financial assistance
for qualifying local organisations, towards meeting
the capital costs associated with the establishment
of local community CCTV systeMs The
scheme is being managed, on behalf my Department,
by Pobal, formerly Area Development
Management Limited.
In December 2005 I announced my decisions
to provide grant aid assistance for a considerable
number of groups throughout the country under
the scheme. The payment of grant assistance to
these groups will proceed shortly subject to the
successful outcome of consultations involving the
joint policing committee in the area in which each
community-based system is located.
Contract negotiations are under way between
each successful applicant and Pobal, which will
oversee and monitor this process, to ensure that
the allocated funds will be spent on the purposes
for which they are given and to ensure that normal
accounting practices, relating to public funds,
are adhered to. Books and records must be made
available for inspection for the purposes of auditor
verification visits if required. Detailed
accounts of the expenditure of the grant will also
be required. Groups will be required to provide
six-monthly reports, including a declaration and
breakdown of budget and balance.
A code of practice for the community-based
CCTV scheme, which sets out the basic conditions
of use under the scheme, has been published
and includes requirements on monitoring
standards and compliance. Each successful applicant
group or organisation has signed a declaration
stating that it agrees to be bound by the
CCTV code of practice and is subject to the Data
Protection Acts and the Freedom of Information
Act.
Under the terms of the scheme and for the purposes
of the Data Protection Act 1988, each local
authority must undertake to act as the data controller.
A manager or designated person will be
nominated by the data controller in each instance.
This individual will have responsibility for ensuring
the proper, efficient and orderly day to day
operation of the CCTV system. It is the responsibility
of the data controller to ensure that there
is full compliance with the code of practice. Contravention
of a provision of the Data Protection
Acts 1988 and 2003 may expose a person to prosecution
under the Acts. The community-based
group is required, at all times, to ensure the
proper and responsible operation of the CCTV
system under their control. This includes ensuring
that all persons operating or monitoring the
system are appropriately trained in the system’s
use and understand the restrictions and legal obligations
imposed upon them and the need to
maintain an appropriate record of the system’s
effectiveness.
These CCTV systems will have to be installed
to a high-end technical specification and operated
in compliance with a strict code of practice.
Access to the CCTV systems will also have to be
given to the Garda Síochána as required, thereby
adding to the technical resources available to the
Garda Commissioner in crime prevention and
detection.
Criminal Prosecutions.
1179. Mr. Gregory asked the Minister for
Justice, Equality and Law Reform the number of
persons charged in 2003, 2004 and 2005 for the
possession of crack cocaine in the State, Dublin
city and the north central Garda district of Dublin
city. [1888/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that the information sought is not
readily available and that research is necessary to
retrieve the relevant data. I will be in further contact
with the Deputy when the information is to
hand.
Garda Operations.
1180. Mr. Gregory asked the Minister for
Justice, Equality and Law Reform the liaison
between the Garda Síochána and the Refugee
Applications Commissioner regarding applicants
who are charged with serious offences, including
drug supply. [1889/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that the Garda National Immigration
Bureau liaises with the Office of the Refugee
Applications Commissioner on a regular basis. I
am further informed that it is the policy of the
Garda National Immigration Bureau to advise
the director general, Irish Naturalisation and
Immigration Service and the Refugee Applications
Commissioner when any applicant for
refugee status is charged with any offence, including
offences under misuse of drugs legislation. In
determining an application for asylum, the Refugee
Applications Commissioner, who is independent
in the exercise of her functions, will only

785 Questions— 25 January 2006. Written Answers 786
consider information which is relevant to the
investigation of the particular application.
1181. Mr. Gregory asked the Minister for
Justice, Equality and Law Reform the liaison
between the immigration authorities and the
Garda Síochána for cross-referencing of fingerprints
of persons charged with serious
offences. [1890/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The Garda National Immigration
Bureau is one of the specialist functions
within the Garda Síochána concerned with operational
immigration matters. The use of fingerprint
evidence in relation to criminal offences is
a matter for the Garda Commissioner in accordance
with the law.
Criminal Prosecutions.
1182. Mr. Gregory asked the Minister for
Justice, Equality and Law Reform the number of
persons (details supplied) charged with serious
offences in 2005 where the Garda Síochána
objected to bail which was then granted in the
High Court following which the person failed to
reappear. [1891/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am informed by the Garda
authorities that the information requested by the
Deputy is not readily available, as objections, and
the reason for such objections, by the Garda
Síochána to the granting of bail are not captured
on the crime recording system and would require
the expenditure of an inordinate and unjustifiable
amount of personnel hours to collate. The Garda
authorities also inform me that the nationality of
all offenders is not necessarily known, or
recorded, at the time a bail application is being
made. It is, therefore, not possible to provide
statistics, on the basis of nationality, for persons
who fail to honour bail.
Garda Training.
1183. Mr. Timmins asked the Minister for
Justice, Equality and Law Reform the number of
Garda recruits enlisted for training between 1
January 2005 and 1 January 2006; when the various
groups were taken in; the number of
members in each group; the number who have
left; the locations where these personnel are
accommodated; the number he intends to take in
and when between 1 January 2006 and 1 January
2007; the locations where these will be accommodated;
and if he will make a statement on the
matter. [1897/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I have been informed by the
Garda authorities, which are responsible for the
detailed allocation of resources, including personnel,
that a total of 1,125 student gardaí were
inducted into the Garda College between 1
January 2005 and 1 January 2006, as set out in
the following table.
Intake Recruits Date
A 275 7/2/2005
B 275 3/5/2005
C 275 2/8/2005
D 300 7/11/2005
The Garda authorities have also informed me
that four student gardaí resigned voluntarily and
one student garda resigned in lieu of dismissal
during 2005.
Garda management state that students starting
on phase I training are accommodated initially at
the Garda College and then in private houses
when phase V students return. Garda management
also state that students returning on phase
III training are accommodated in private houses.
Probationer gardaí returning on phase V training
are accommodated at the Garda College.
The Garda authorities plan that the following
intakes of 275 student gardaí will commence
training on the dates as set out as follows:
Intake Recruits Date
A 275 6/2/2006
B 275 1/5/2006
C 275 7/8/2006
D 275 6/11/2006
Garda management also anticipates that student
gardaí inducted during 2006 will be accommodated
in the same manner as previously outlined
in relation to student gardaí in 2005.
Bullying in the Workplace.
1184. Mr. Timmins asked the Minister for
Justice, Equality and Law Reform the policy to
deal with bullying in his Department; if same has
been circulated to all employees; if there are outstanding
law cases regarding the issue by
employees; if cases were dealt with or settled
since 1 January 2000, and, if so, the number of
same; if his Department has legislation dealing
with the issue of bullying or plans to introduce
such legislation; and if he will make a statement
on the matter. [1912/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The policy for dealing with
bullying in the Civil Service is set out in the
revised policy document entitled, A Positive
Working Environment: an Anti-Harassment, Sexual
Harassment and Bullying Policy for the Civil
Service. This policy was circulated to all staff in
my Department in August 2005 prior to the new
code becoming effective on 1 September 2005.
My Department endeavours to resolve all alle-

787 Questions— 25 January 2006. Written Answers 788
[Mr. McDowell.]
gations of bullying under the code, without the
necessity of recourse to legal proceedings. I am
aware of one case where legal proceedings have
been initiated.
The question of legislation in this area falls
with the remit of my colleague, the Minister for
Enterprise, Trade and Employment. On this
point, the Department of Enterprise, Trade and
Employment recently published the report of the
expert advisory group on workplace bullying
which made a number of recommendations
including the possibility of introducing legislation
in this area. It also recommended that new
research be carried out to update the research
compiled for the 2001 report of the task force on
the prevention of workplace bullying.
Staff Remuneration.
1185. Mr. Timmins asked the Minister for
Justice, Equality and Law Reform the bonuses
that were paid to his staff for the year ending 31
December 2005; the amount of money that was
paid; the way in which this was calculated; and if
he will make a statement on the matter.
[1927/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): As I understand the question, I
wish to confirm that no bonuses were paid to staff
in my Department for the year ending 31
December 2005. My Department does, however,
operate an exceptional performance awards
scheme for staff below the grade of assistant secretary.
The total amount available for payment of
awards cannot exceed 0.2% of the Department’s
payroll from the sanctioned subheads. Individual
and group awards may be made in respect of genuinely
exceptional performance where regard is
had to the nature and quality of the activities
involved and to the circumstances under which
they are carried out. Particular regard is paid to
the grade level of the staff member concerned
and where the work is considered to be over and
above the high quality performance normally
expected of such grades. While the figures for
2005 are not collated as yet it is likely that the
average individual award would be less than \100.
Assistant secretaries and deputy secretaries are
covered by a separate scheme of performance
related awards. The operation of the scheme is
overseen by the committee for performance
awards. The funding for awards is based on 10%
of the payroll for the posts covered by the
scheme. Within this overall limit, payments of up
to 20% can be made to individuals. Details of the
procedures, the numbers covered by the scheme,
the range of awards and the total amounts paid
in Departments are outlined in the annual reports
of the committee, available on the website
www.finance.gov.ie.
Citizenship Applications.
1186. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform if consideration
will be given to an application for naturalisation
in the case of a person (details supplied) in
County Kildare; and if he will make a statement
on the matter. [2016/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I am advised by officials in the
citizenship section of my Department that there
is no record of an application for a certificate of
naturalisation having been received from the
individual concerned.
Residency Permits.
1187. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform if he will
review the decision to refuse permission to
remain in the State on the basis of parentage of
an Irish-born child in the case of a person (details
supplied) in Dublin 24 having particular regard to
the fact that their child was born on 1 January
2005 and not after 1 January 2005 thereby raising
the question as to whether they should in fact
qualify; and if he will make a statement on the
matter. [2017/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person in question submitted
an application for permission to remain in the
State on the basis of being the non-national
parent of an Irish-born child born prior to 1
January 2005, under the revised arrangements
announced by me on 15 January 2005. The child
in question was born on 1 January 2005 and
therefore does not qualify to be considered for
residency under the revised arrangements.
Accordingly, the application for permission to
remain was not considered.
Deportation Orders.
1188. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform if his attention
has been drawn to the possible persecution and
deprivation of human rights or life threatening
situation in the event of the deportation of a person
(details supplied) in Dublin 2; and if he will
make a statement on the matter. [2069/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person concerned, with her
child, arrived in the State on 25 February 2005
and applied for asylum. Their application was
refused following consideration of their case by
the Office of the Refugee Applications Commissioner
and, on appeal, by the Office of the
Refugee Appeals Tribunal.
The person concerned was informed by letter
dated 22 August 2005 that the Minister proposed
to make deportation orders in respect of her and
her child and afforded them three options under

789 Questions— 25 January 2006. Written Answers 790
section 3(3)(b)(ii) of the Immigration Act 1999,
as amended, namely, to make representations to
the Minister setting out the reasons they should
be allowed to remain temporarily in the State, to
leave the State voluntarily or to consent to the
making of deportation orders. No representations
were received from or on behalf of the person
concerned by the due date. Their case was examined
under section 3(6) of the Immigration Act
1999, as amended, and section 5 of the Refugee
Act 1996, prohibition of refoulement.
On 27 September 2005, deportation orders
were signed in respect of the person concerned
and her older child. The existence of another
child born in the State on 5 August 2005 was only
made known to my Department on 12 September
2005 by officials from the Department of Social
and Family Affairs. Following consideration of
late representations for leave to remain in the
State, the deportation orders in this case were
affirmed. The legal representative of the person
concerned was notified to this effect by letter
dated 10 October 2005.
Notice of the deportation orders was served by
registered post requiring the family to present
themselves to the Garda National Immigration
Bureau, GNIB, 13/14 Burgh Quay, Dublin 2, on
Thursday, 6 October 2005, in order to make
arrangements for their deportation from the
State. The family presented as required and were
given a further presentation date of 13 October
2005. The family failed to present themselves on
that occasion and were classified as “evaders”.
In addition to the 11 factors contained in
section 3(6) of the Immigration Act 1999, as
amended, I must also have regard to section 5 of
the Refugee Act 1996, prohibition of refoulement,
before making a deportation order. The safety of
returning a person, or refoulement as it is referred
to, is fully considered in every case when deciding
whether to make a deportation order. This means
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, including the UNHCR, in evaluating the
safety of making returns to Nigeria and other
third countries.
I am satisfied that applications for asylum and
leave to remain in the State of the person concerned,
together with all refoulement issues, were
comprehensively and fairly considered and, as
such, their deportation should proceed. To this
end, I urge the person concerned to come forward
and present herself to the GNIB as soon
as possible.
Citizenship Applications.
1189. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform the position
arising from reply to Parliamentary Question No.
228 of 24 November 2005; and if he will make a
statement on the matter. [2070/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): My response to Parliamentary
Question No. 228 of 24 November was expanded
further in my reply to the Deputy’s Parliamentary
Question No. 210 of 8 December 2005 regarding
the same person. At that time I explained that
certain aspects of the person’s declaration
required clarification and that there were difficulties
in contacting the applicant at the address
she had provided for the Department. The
Deputy provided staff in the citizenship section
of my Department with an updated address for
the person in question and a registered letter was
issued on 7 December 2005. This was returned
to the Department undelivered. A further letter
issued to the person in question on 6 January
2006 by registered post and an Post records show
this was delivered on 12 January 2006. A reply
has not been received to this letter to date. Processing
of the declaration will continue when a
reply to the letter is received and I will advise
both the Deputy and the applicant when the
matter has been concluded.
Asylum Applications.
1190. Mr. Durkan asked the Minister for
Justice, Equality and Law Reform his views on
the application for refugee status in the case of a
person (details supplied) in County Kerry; and if
he will make a statement on the matter.
[2071/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The person concerned applied
for asylum on 5 May 2004. The claim was investigated
at first instance by the Refugee Applications
Commissioner who concluded that the
person concerned did not meet the criteria for
recognition as a refugee. The commissioner’s
recommendation was communicated to the person
concerned by letter dated 23 February 2005.
The person concerned appealed this recommendation
to the Refugee Appeals Tribunal which, following
consideration of the appeal, affirmed the
earlier recommendation. The outcome of the
appeal was made known to the person concerned
by letter dated 14 December 2005.
In accordance with normal procedures, the file
of the person concerned was forwarded to the
ministerial decisions unit in my Department for
final processing. I understand that a representative
of that unit has written to the person concerned
in recent days to inform them of my formal
decision in their case and of the options now
open to them vis à vis their position in the State.
This position applies equally to the dependant
children included in the asylum application of the
person concerned.

791 Questions— 25 January 2006. Written Answers 792
Sex Offenders Register.
1191. Mr. Connolly asked the Minister for
Justice, Equality and Law Reform if he intends
to introduce an all-Ireland sex offenders register
in conjunction with Northern Ireland authorities;
and if he will make a statement on the matter.
[2137/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The Sex Offenders Act 2001
contains provisions relating to persons travelling
to and from this jurisdiction. Persons who have
been convicted of sex offences outside the jurisdiction
are subject to the notification requirements
of the Act when, at the time of the conviction
or thereafter, they become resident for a
qualifying period in the State. Furthermore, a
person subject to the notification requirements of
the Act who leaves the State for an intended continuous
period of seven days or more at a time
must inform the Garda Síochána in advance of
leaving. If the person, when leaving, did not
intend to remain outside the State for a continuous
period of seven days, but does, she or he must
so inform the Garda Síochana within a further
seven days. These provisions cover persons travelling
between the State and Northern Ireland.
Close liaison is maintained between the Garda
Síochana and the Police Service of Northern
Ireland in respect of persons subject to the Act,
and information on the movements of such persons
is exchanged when necessary for policing
purposes. A memorandum of understanding on
information sharing arrangements between
Ireland and the UK, including Northern Ireland,
relating to sex offenders has been negotiated by
my Department and the Home Office, and I will
shortly seek Government approval for its
signature.
In the context of the Good Friday Agreement
and the subsequent criminal justice review of
Northern Ireland, an intergovernmental agreement
on North-South co-operation on criminal
justice matters was signed on behalf of the Irish
and British Governments in July 2005. One of the
items included in the work programme for the
first year is the establishment of a working group
to review the arrangements for exchanging information
on registered sex offenders.
The first meeting of the working group of
officials to implement the agreement took place
in Dublin in November 2005. The meeting agreed
to the establishment of a registered sex offenders
advisory group. This group will evaluate the
potential for sharing information, including
potential benefits and barriers, and will identify
areas for future co-operation. The group will consist
of representatives of the Garda Síochána, the
Police Service of Northern Ireland, my Department
and the Northern Ireland Office. The advisory
group will report to the next meeting of the
working group of officials which is scheduled to
take place in March. Following that, officials will
make recommendations to Ministers in both
jurisdictions for future action.
Asylum Applications.
1192. Mr. Hayes asked the Minister for Justice,
Equality and Law Reform the position regarding
the case of a person (details supplied) in County
Tipperary. [2229/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): This application was approved
on appeal on 17 January 2006.
Visa Applications.
1193. Caoimhghín ÓCaoláin asked the Minister
for Justice, Equality and Law Reform the
statistical information his Department keeps on
applicants for visitors visas. [2230/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): Applications for visas, including
visitor visas, are received in Irish embassies and
consulates abroad. Under a delegated sanction
arrangement, most visas are granted by Department
of Foreign Affairs personnel without reference
to Department of Justice, Equality and Law
Reform. Only the more problematic types are
referred to Department of Justice, Equality and
Law Reform in Dublin for decision. Special
arrangements apply in Moscow, Beijing and New
Delhi where dedicated visa officers process all
visa applications.
My Department has statistical information
from May 2005 on visit visas referred for decision
to Dublin. The offices in Beijing and Moscow also
provide statistics for my Department on a
monthly basis. The recently established office in
New Delhi will do likewise in the future.
A computerisation project under development
will enable compilation of more comprehensive
statistical information on all visitor applications.
Departmental Expenditure.
1194. Mr. Kenny asked the Minister for Justice,
Equality and Law Reform if his Department has
produced an annual corporate procurement plan
in respect of each of the years 2000 to 2005; and
if he will make a statement on the matter.
[2247/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): Procurement activity in my
Department continues to be managed in accordance
with established public sector guidelines.
The requirement to produce an annual corporate
procurement plan arises from the national public
procurement policy framework, which was issued
by the Department of Finance in May 2005. In
response to that, my Department has undertaken
steps to produce a corporate procurement plan in
2006 which will seek to evaluate existing
approaches to procurement, set future goals and

793 Questions— 25 January 2006. Written Answers 794
develop indicators to evaluate practical procurement
reform outcomes.
My Department, with others, has participated
in a capacity building exercise run by the national
public procurement policy unit of the Department
of Finance, in line with its role as a resource
for the roll-out of procurement management
reform in the public sector generally.
Vetting Procedures.
1195. Caoimhghín ÓCaoláin asked the Minister
for Justice, Equality and Law Reform if the
British authorities have given a reason for their
decision to cancel the service formerly provided
for the Garda Síochána of vetting British or Six
County residents who have applied to work with
children here; the steps he proposes to take to
enable vetting of such applicants in the wake of
this decision; if a reversal of the decision will be
sought; and if he will make a statement on the
matter. [2252/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): On 13 December 2005, the British
National Central Bureau of Interpol issued a
communiqué to all Interpol member states,
including Ireland, signalling changes in British
vetting procedures. The nature of these changes
would have the potential to create significant
difficulties for the Garda Síochána in submitting
requests for vetting to the British authorities.
Accordingly, high level contact is occurring
between the Garda authorities and their British
Interpol counterparts with a view to reaching a
satisfactory resolution of the potential difficulties.
I am closely monitoring developments. Should
a satisfactory resolution not be reached at a
police-to-police level, I will not hesitate to pursue
the matter in other fora.
Asylum Support Services.
1196. Mr. Ring asked the Minister for Justice,
Equality and Law Reform if the decision to move
asylum seeking people from the town of Kiltimagh
to Ballyhaunis and Sligo will be reconsidered
in view of the fact that the children of these
people are in the mid-term of their school year;
if only an absolutely necessary move will be made
and only when the academic school year is complete.
[2255/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The Reception and Integration
Agency, RIA, is charged with providing accommodation
under the Government policy of direct
provision for asylum seekers. Decisions regarding
the opening, reclassification or closing of centres
are made in the context of the overall demand for
accommodation and the need to achieve value for
money in the context of managing a very large
property portfolio.
Such management requires responses both to
the changing numbers of persons seeking asylum
and to the numbers of asylum seekers residing in
RIA centres. A considerable number of asylum
seekers have left RIA accommodation having
been granted leave to remain in the State on the
basis of having an Irish born child. This exodus
from RIA accommodation allied to the reduced
number of persons seeking asylum requires RIA
to engage in a major review of its accommodation
needs. It is incumbent on the RIA to optimise
overall service provision, make the best use of its
accommodation resources and provide accommodation
in a sensitive, balanced and proportionate
way.
The RIA is currently engaged in a major
review of all accommodation centres throughout
the State in order to ascertain the most appropriate
level of accommodation required by the
RIA in the short to medium term future. The
review will inevitably require the RIA to close
centres and to reclassify some centres for accommodation
for single persons.
The RIA is aware that the necessary adjustments
to its accommodation portfolio will result
in disruption for some residents and endeavours
to keep such disruption to a minimum. In the case
of Kiltimagh, the RIA is examining the possibility
of facilitating the continued residence at the
centre of families with school-going children, as
far as practicable.
The agency operates several regional centres
with pre-school facilities for small children. Any
families choosing to move from the centre who
have pre-school children will be offered accommodation
at one of those centres.
Car Compounds.
1197. Ms Shortall asked the Minister for
Justice, Equality and Law Reform the location
and capacity of each Garda car-pound in each
Garda division; and in each case if same are full
or the approximate spare capacity within each.
[2271/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The two car compounds are
located at Parkgate Street and Santry. The capacity
in Parkgate Street is: 200-220 cars, 50 motorcycles
and four or five articulated lorries. The
capacity at Santry is: 301 cars, 100 motorcycles
and 46 stolen cars.
Some stations around the country have facilities
to hold cars in a portion of the station yard,
but these are not known as car-pounds.
Departmental Bodies.
1198. Ms Shortall asked the Minister for
Justice, Equality and Law Reform the bodies
under the aegis of his Department which have not
provided his with a 2004 annual report; and in the
case of each body from whom he has received

795 Questions— 25 January 2006. Written Answers 796
[Ms Shortall.]
such a report if same has been laid before the
Houses of the Oireachtas. [2286/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The information requested by
the Deputy is set out as follows:
Name of Agency — 2004 Has Minister been Have copies been If No, why not
Report (Yes/No) provided with a copy laid before Houses
of the Report of Oireachtas
(Yes/No)
(Yes/No)
The Courts Service — Yes Yes Yes N/A
The Judicial Appointments Yes Yes N/A
Advisory Board — Yes
The Probation and Welfare No No The Probation and Welfare Service is in the
Service — No
process of managerial re-organisation
following the appointment of a new Director
of the Service in September 2005. It is
expected that the Annual Report for 2004 will
be available by the end of March 2006
Forensic Science Laboratory — No No An internal Annual Report has been prepared
Yes
in line with previous practice to date. A copy
of same is available on request.
Legal Aid Board — Yes Yes Yes N/A
National Disability Authority — Yes Yes N/A
Yes
Film Censor’s Office/Films Yes Yes N/A
Appeal Board — Yes
Equality Authority — Yes Yes Yes N/A
Equality Tribunal — Yes Yes Yes N/A
Criminal Injuries Compensation No No Document currently being translated into Irish
Tribunal — Yes
and will be laid before Houses of the
Oireachtas in February 2006.
Garda Síochána Complaints Yes Yes N/A
Board — Yes
Data Protection Commissioner Yes Yes N/A
— Yes
Criminal Assets Bureau — Yes Yes Yes N/A
Interim Parole Board — Yes Yes Yes N/A
Inspector of Prisons and Places Yes Yes N/A
of Detention — Yes
Arbour Hill Prison Visiting Yes Yes N/A
Committee — Yes
Castlerea Prison Visiting Yes Yes N/A
Committee — Yes
Cloverhill Prison Visiting Yes Yes N/A
Committee — Yes
Cork Prison Visiting Committee Yes Yes N/A
— Yes
Limerick Prison Visiting Yes Yes N/A
Committee — Yes
Loughan House Place of Yes Yes N/A
Detention Visiting Committee
— Yes
Midlands Prison Visiting Yes Yes N/A
Committee — Yes
Mountjoy Prison Visiting Yes Yes N/A
Committee — Yes
Portlaoise Prison Visiting Yes Yes N/A
Committee — Yes
St. Patrick’s Institution Visiting Yes Yes N/A
Committee — Yes
Shelton Abbey Place of Yes Yes N/A
Detention Visiting Committee
— Yes
Training Unit Place of Yes Yes N/A
Detention Visiting Committee
— Yes

797 Questions— 25 January 2006. Written Answers 798
Name of Agency — 2004 Has Minister been Have copies been If No, why not
Report (Yes/No) provided with a copy laid before Houses
of the Report of Oireachtas
(Yes/No)
(Yes/No)
Wheatfield Prison Visiting Yes Yes N/A
Committee — Yes
Irish Prison Service — Yes Yes No The report will be laid before both Houses
when printed copies become available in
February 2006
Land Registry — Yes Yes No Not presented formally. However copies given
to Deputies in the Houses of the Oireachtas
Office of the Refugee Yes Yes N/A
Applications Commissioner
— Yes
Refugee Appeals Tribunal — Yes Yes N/A
Yes
Independent Monitoring Yes No No statutory obligation to lay report before the
Committee for the Refugee
Oireachtas
Legal Service
Remembrance Commission — Yes No The Report is being translated into Irish and
Yes
consideration is being given to compiling a
combined 2004 and 2005 Report
An Garda Síochána Yes Yes N/A
The Office of the State Pathologist does not issue
annual reports. It does, however, issue to my
Department a list of all section 33 cases in respect
of which the State pathologist or deputy state
pathologist have been called out.
There is no statutory requirement that the Censorship
of Publications Board or Appeal Board
provide annual reports. The Private Security
Authority was established on 29 October 2004
and, therefore, would not have completed its first
year of operation until October 2005. Consequently
no report was due in respect of 2004.
Residency Permits.
1199. Mr. Penrose asked the Minister for
Justice, Equality and Law Reform if a decision
will be made on an application for residency by
a person (details supplied) on the basis of their
marriage to an Irish citizen; and if he will make a
statement on the matter. [2293/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): An application for permission
to remain in the State based on marriage to an
Irish national was received from the person concerned
in October 2005 and will be processed in
due course. Applications of this type are dealt
with in chronological order, in fairness to all such
applicants and take 16 to 18 months to process. It
should be noted that marriage to an Irish national
does not confer an automatic right of residence
in the State.
Crime Prevention.
1200. Mr. O’Shea asked the Minister for
Justice, Equality and Law Reform the action he
proposes to take following his recent meeting
with the executive director of the UN Office on
Drugs and Crime; and if he will make a statement
on the matter. [2308/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The executive director of the
UN Office on Drugs and Crime, UNODC, met
me recently to discuss the issue of improving the
rule of law in developing and post-conflict countries
and to seek Ireland’s support for measures
to achieve this. I indicated that I would consider
positively any proposals which the UNODC
wished to make formally in this regard.
Question No. 1201 answered with Question
No. 1064.
Garda Deployment.
1202. Cecilia Keaveney asked the Minister for
Justice, Equality and Law Reform when the
Garda Síochána will be more visible on the
streets of our towns and villages given the prevalence
of public nuisance and the value of community
policing in general; and if he will make a
statement on the matter. [2373/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): Every effort is made to provide
a high visibility presence throughout the country’s
towns and villages. Garda management
states that uniform and detective units and divisional
traffic corps, supplemented by community
policing units and Garda mountain bike units —
all of which provide a highly visible local presence
— continue to police the community and to take
a proactive approach to addressing anti-social
and public disorder issues by way of immediate
intervention, arrest and prosecution, or advice as
appropriate.

799 Questions— 25 January 2006. Written Answers 800
[Mr. McDowell.]
Members of the Garda Síochána are in frequent
contact with other Government and nongovernment
agencies, particularly local authorities,
in order to facilitate a multi-agency
approach to addressing criminal issues including
anti-social behaviour and public disorder, such as
the introduction of by-laws regarding drinking in
public places. This liaison will continue.
Recently I also announced that the Commissioner
is reserving \5 million of his \83.5 million
overtime budget in 2006 for an extension of
operation encounter which is an ongoing public
order and visible policing initiative. In this
stepped-up programme, gardaí will be more
intensively deployed on foot and cycle patrols at
areas where there are major movements of
people such as schools, shops, major traffic intersections
and so forth.
The timescale for achieving a record Garda
Síochána strength of 14,000, in line with the commitment
in an Agreed Programme for Government,
remains as when I announced the Government
approval in October 2004 for my proposals
to achieve this objective. This phased increase in
force strength will lead to a combined strength,
of both attested gardaí and recruits in training,
of 14,000 by the end of this year. As part of the
accelerated recruitment campaign to facilitate
this process, 1,125 Garda recruits were inducted
to the Garda College during 2005. The college
will induct 1,100 recruits this year and a further
1,100 in 2007, by way of intakes to the Garda
College of approximately 275 recruits every quarter.
This project is fully on target and will be
achieved.
The Commissioner will draw up plans on how
best to distribute and manage these additional
resources. These will be targeted at the areas of
greatest need, as is envisaged in the programme
for Government. The programme identifies in
particular areas with a significant drugs problem
and significant public order offences, but it will
be possible to address other priorities as well,
such as the need to increase significantly the
number of gardaí allocated to traffic duties as
part of the Garda traffic corps. I have already
promised that the additional gardaí will not be
put on administrative duties. They will be put
directly into frontline, operational, high visibility
policing where they will make a real impact.
Bullying in the workplace.
1203. Mr. Gormley asked the Minister for
Justice, Equality and Law Reform the number of
cases of bullying in his Department and in the
Garda Síochána; if subsequent investigations can
confirm the bullying; the results and outcomes of
these investigations; if persons who made the allegations
are still in employment in the same area
of work; the number who are left; and if he will
make a statement on the matter. [2390/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The policy for dealing with
bullying in the Civil Service is set out in the
revised policy document entitled, A Positive
Working Environment: an Anti-Harassment, Sexual
Harassment and Bullying Policy for the Civil
Service. This policy was circulated to all staff in
my Department in August 2005 prior to the new
code becoming effective on 1 September 2005.
Since 2000, my Department’s personnel division
has dealt with ten cases formally referred
for investigation under the policy. The cases variously
refer to allegations of harassment, sexual
harassment and bullying. Central, however, to the
operation of the policy is the principle that all
allegations are dealt with confidentially. It is not
therefore, possible to give further information as
to do so would risk identifying the parties
involved. All complaints are taken seriously and
investigated fully in accordance with the guidelines
set down in the policy.
In regard to the Garda Síochána, it has not
been possible to collate this information in the
time available. I will, however, arrange for the
information to be forwarded directly to the
Deputy in the next few days.
Garda Deployment.
1204. Mr. Stagg asked the Minister for Justice,
Equality and Law Reform if guidelines have been
issued to the Garda Commissioner regarding the
deployment of additional gardaí; and if he will
make a statement on the matter. [2396/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The allocation of Garda
resources is a matter for the Garda Commissioner
who takes into account various factors including
population, crime trends and the operational
policing needs of each division.
In regard to Garda resources generally, the
accelerated recruitment campaign of 1,100 Garda
recruits each year to reach a record force strength
of 14,000, in line with the commitment in an
Agreed Programme for Government, is fully on
target. This will lead to a combined strength, of
both attested gardaí and recruits in training, of
14,000 by the end of 2006.
The Commissioner will draw up plans on how
best to distribute and manage these additional
resources which will be targeted at the areas of
greatest need, as envisaged in the programme for
Government. The programme identifies in particular
areas with a significant drugs problem and
significant public order offences, but it will be
possible to address other priorities as well, such
as the need to increase significantly the number
of gardaí allocated to traffic duties as part of the
Garda traffic corps. I have already promised that
the additional gardaí will not be put on administrative
duties. They will be put directly into frontline,
operational, high visibility policing where
they will have a real impact.

801 Questions— 25 January 2006. Written Answers 802
Departmental Website.
1205. Mr. Stanton asked the Minister for
Justice, Equality and Law Reform , further to the
commencement of the Irish Nationality and
Citizenship Act 2004 of 1 January 2005 when an
updated leaflet will be posted on his Department’s
website containing up-to-date information
on this issue; and if he will make a statement on
the matter. [2458/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The Irish Nationality and
Citizenship Act 2004 made certain changes to
Irish citizenship law. The Act came into force on
1 January 2005. an extensive information note,
located on the Department’s website at Immigration,
Asylum and Citizenship — Publications
since late December 2004, explains these changes
as they apply to the entitlement to Irish citizenship
of any child born in the island of Ireland on
or after 1 January 2005. Copies of the statutory
declaration forms can also be downloaded from
this site.
Crime Levels.
1206. Mr. Wall asked the Minister for Justice,
Equality and Law Reform the crime figures for
Kildare for each of the past five years; and if he
will make a statement on the matter. [2530/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The following tables provide
the total offences for the ten headline offences
groups recorded and detected in the Garda districts
of Baltinglass, Carlow, Naas and Kildare for
the years 2001 to 2005.
The figures provided for 2005 are provisional,
operational and liable to change.
The PULSE computer system to record crime
figures was introduced in 1999. As with the introduction
of any new system it took time before
users were fully competent in its use. Senior management
of the Garda Síochána has stated that
since its introduction a more accurate base year
to use is 2002.
Any interpretation of the crime figures should
factor in the increase in our population in the past
ten years. In 1995, with a population of almost 3.6
million people, there were 29 crimes per 1,000 of
the population. In the year up to 30 September
2005, with a population of over 4.1 million, there
was the equivalent of 24 crimes per 1,000 of the
population.
Table 1
Headline Offences Recorded and Detected for Garda District of Baltinglass for Years 2001 to 2005
District: Baltinglass 2005 2004 2003 2002 2001
Rec Det Rec Det Rec Det Rec Det Rec Det
Homicide 1 0 0 0 0 0 0 0 0 0
Assault 27 9 15 10 29 16 28 21 3 3
Sexual Offences 14 6 16 9 11 3 24 14 18 17
Arson 16 8 11 1 3 0 5 1 7 6
Drugs 7 7 2 2 6 6 1 1 5 5
Thefts 327 64 343 60 315 51 226 21 142 57
Burglary 333 29 333 34 256 14 275 30 207 24
Robbery 11 4 9 2 2 0 6 3 5 3
Fraud 10 8 27 21 11 10 15 4 27 24
Other 7 6 9 7 7 5 7 6 6 5
Total 753 141 765 146 640 105 587 101 420 144
Table 2
Headline Offences Recorded and Detected for Garda District of Carlow for Years 2001 to 2005
District: Carlow 2005 2004 2003 2002 2001
Rec Det Rec Det Rec Det Rec Det Rec Det
Homicide 0 0 0 0 0 0 0 0 1 1
Assault 48 39 61 37 64 47 84 71 38 31
Sexual Offences 25 18 28 16 75 57 44 31 18 14
Arson 25 5 9 1 20 1 11 3 5 3
Drugs 38 38 22 22 23 22 9 9 21 21

803 Questions— 25 January 2006. Written Answers 804
[Mr. McDowell.]
District: Carlow 2005 2004 2003 2002 2001
Rec Det Rec Det Rec Det Rec Det Rec Det
Thefts 651 279 616 252 575 197 467 149 351 139
Burglary 387 50 424 39 460 39 453 43 359 44
Robbery 23 11 20 6 30 9 26 14 18 5
Fraud 35 25 42 29 48 36 55 33 112 96
Other 18 14 18 10 18 16 27 24 10 9
Total 1,250 479 1,240 412 1,313 424 1,176 377 933 363
Table 3
Headline Offences Recorded and Detected for Garda District of Naas for Years 2001 to 2005
District: Naas 2005 2004 2003 2002 2001
Rec Det Rec Det Rec Det Rec Det Rec Det
Homicide 1 1 0 0 0 0 0 0 1 1
Assault 72 51 79 60 84 60 107 81 42 32
Sexual Offences 14 4 18 12 44 31 26 11 18 14
Arson 22 4 19 2 17 2 23 5 23 3
Drugs 33 33 45 44 28 28 34 34 39 39
Thefts 971 237 881 196 946 338 871 225 805 195
Burglary 562 60 562 94 560 100 562 71 546 76
Robbery 43 5 26 12 26 5 33 8 41 19
Fraud 66 39 71 51 114 92 85 56 33 24
Other 21 10 19 12 19 15 25 22 9 9
Total 1,805 444 1,720 483 1,838 671 1,766 513 1,557 412
Table 4
Headline Offences Recorded and Detected for Garda District of Kildare for Years 2001 to 2005
District: Kildare 2005 2004 2003 2002 2001
Rec Det Rec Det Rec Det Rec Det Rec Det
Homicide 1 1 0 0 0 0 1 1 2 2
Assault 52 43 48 42 45 34 63 54 36 32
Sexual Offences 24 7 25 16 32 18 27 14 23 16
Arson 9 1 22 9 22 7 16 1 15 5
Drugs 35 35 17 17 34 34 40 40 17 17
Thefts 458 192 449 183 462 151 483 153 363 134
Burglary 356 53 314 44 332 48 386 68 322 65
Robbery 20 4 20 9 17 1 15 6 16 4
Fraud 56 48 31 19 38 28 45 37 31 30
Other 14 12 16 11 9 7 25 23 13 11
Total 1,025 396 942 350 991 328 1,101 397 838 316
Garda Strength.
1207. Mr. Wall asked the Minister for Justice,
Equality and Law Reform his plans to increase
Garda numbers in the Kildare area; if so, the
timeframe of same; and if he will make a statement
on the matter. [2531/06]
1208. Mr. Wall asked the Minister for Justice,
Equality and Law Reform the figures for Garda

805 Questions— 25 January 2006. Written Answers 806
numbers serving in Kildare for each of the past
five years; and if he will make a statement on the
matter. [2532/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I propose to take Questions
Nos. 1207 and 1208 together.
I have been informed by the Garda authorities,
which are responsible for the detailed allocation
of resources, including personnel, that the personnel
strength, all ranks, of the Carlow-Kildare
division as at 31 December in each of the past
five years was as set out as follows:
Year
Strength
2001 321
2002 323
2003 323
2004 323
2005 331
Garda divisional boundaries do not correlate with
county boundaries.
Garda personnel assigned throughout the
country, together with overall policing arrangements
and operational strategy, are constantly
monitored and reviewed. Such monitoring
ensures that optimum use is made of Garda
resources and that the best possible service is provided
for the public.
Garda management states that when additional
personnel next become available the needs of the
Carlow-Kildare Garda division will be fully considered
within the overall context of the needs of
Garda divisions throughout the country. In this
context I should mention that the timescale for
achieving the target strength of 14,000 members
of the Garda Síochána in line with the commitment
in an Agreed Programme for Government
remains as when I announced the Government
approval in October 2004 for my proposals to
achieve this objective. The phased increase in the
strength of the Garda Síochána to 14,000 will lead
to a combined strength, of both attested gardaí
and recruits in training, of 14,000 by the end of
this year. As part of the accelerated recruitment
campaign to facilitate this process, 1,125 Garda
recruits were inducted to the Garda College during
2005. The college will induct 1,100 recruits
this year and a further 1,100 in 2007, by way of
intakes to the Garda College of approximately
275 recruits every quarter. This project is fully on
target and will be achieved.
Garda Operations.
1209. Mr. Wall asked the Minister for Justice,
Equality and Law Reform the arrest and conviction
rates for Kildare for each of the past five
years; and if he will make a statement on the
matter. [2533/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): I regret that it has not been possible
in the time available to obtain the information
requested by the Deputy. I will contact
the Deputy again when the information is to
hand.
Departmental Expenditure.
1210. Mr. Ring asked the Minister for Justice,
Equality and Law Reform the amount the
Government spend each year for security in moving
money and cash around the country, and the
details of the costs for each of the past five
years. [2680/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): The position on costs associated
with escorted cash movements, including cash
escorts of moneys for an Post, principally in
respect of social welfare payments, throughout
the State is as set out in the following table.
Year
Amount
\
2000 6,224,523
2001 7,574,055
2002 6,536,323
2003 5,598,100
2004 6,094,928
Figures for 2005 costs are not yet available.
From 2000 to 2002 inclusive a contribution of
\950,000 per annum was received from the banks
towards the above costs. This contribution
increased to \3 million with effect from 2003. My
Department is engaged in negotiations with the
banks about future contributions.
Freedom of Information Acts.
1211. Ms Burton asked the Minister for Justice,
Equality and Law Reform the public bodies and
agencies within his Department exempted from
the full remit of the Freedom of Information
legislation; and if he will make a statement on the
matter. [2742/06]
Minister for Justice, Equality and Law Reform
(Mr. McDowell): No bodies under the aegis of
my Department, which are covered by the Freedom
of Information Acts, are subject to the Acts
in respect of certain functions only.
School Curriculum.
1212. Mr. Costello asked the Minister for Education
and Science her views on the issues raised
in correspondence (details supplied); and if she
will make a statement on the matter. [40331/05]
Minister for Education and Science (Ms
Hanafin): The question of introducing a road
safety and driver education syllabus into schools

807 Questions— 25 January 2006. Written Answers 808
[Ms Hanafin.]
has been examined by the National Council for
Curriculum and Assessment, NCCA, on foot of a
report from a task group set up in 2000 and which
included representatives of the Department of
Education and Science, the Department of the
Environment, Heritage and Local Government,
the National Safety Council, the Garda Síochána,
the Irish Insurance Federation, the Society of the
Irish Motor Industry, Rosary College Crumlin,
the CCEA Northern Ireland and the NCCA. The
NCCA also commissioned a study of driver education
in post-primary schools from Dr. Ray
Fuller of Trinity College Dublin.
The NCCA, whose role is to advise the Minister
for Education and Science on curriculum and
assessment issues, recommended that road safety
be addressed within the context of social, personal
and health education, SPHE, and that
driver education, and specifically learning to
drive for pupils aged 17, should not become part
of the school curriculum. The NCCA noted that
this concurred with the practice in other jurisdictions.
At the start of the 2001-02 school year the
National Safety Council, with assistance from my
Department, distributed copies of Staying Alive
— a road safety resource for transition year and
the senior cycle — to all second level schools.
This pack contained a wide range of learning
opportunities and activities on topics such as personal
responsibility and decision-making,
environmental issues and risks and rules for road
users. A CD-ROM with additional material
downloaded from the Internet was included in
the pack, with copies of the Rules of the Road.
In the preparation of the Staying Alive resources
material, views were sought from a range of
organisations with interests in the promotion of
road safety. Prior to its issue to second level
schools, the material was piloted in 20 schools
and the response from teachers in those schools
was very positive.
Decentralisation Programme.
1213. Mr. P. McGrath asked the Minister for
Education and Science the situation regarding the
decentralisation programme to Mullingar; if progress
has been made in regard to the sourcing of
a suitable property for the transfer of her Department;
the number of Departmental staff listed as
willing to transfer to Mullingar; her plans for a
preliminary relocation of some staff to facilitate
the smooth transfer of his Department; and if she
will make a statement on the matter. [1838/06]
Minister for Education and Science (Ms
Hanafin): Issues relating to property and accommodation
for the overall decentralisation programme
are the responsibility of the Office of
Public Works, OPW. I understand that the OPW
is engaged in the process of site acquisition for
Mullingar but that the matter has not yet been
concluded.
The data available to my Department on individuals
wishing to decentralise to Mullingar relate
to applications made through the Central Applications
Facility, CAF, on or before 7 September
2004 indicating Mullingar as a first choice of
location. Several new entrants who have undertaken
to relocate to Mullingar on decentralisation
have also been assigned to my Department. The
total number involved in these categories is 59. In
addition, there are 122 external CAF applicants
in respect of the decentralisation of my Department
to Mullingar. Applications may still be
made through the CAF and the position is liable
to change on an ongoing basis.
Special Educational Needs.
1214. Mr. Durkan asked the Minister for Education
and Science the reason that the advertised
post for a temporary teacher required for a
special school in County Mayo from 1 September
2005 was filled by a teacher who did not have the
training and experience in working with visual
and hearing impaired children specified as necessary
in the advertisement; the further reason a
temporary teacher with eight years’ experience in
the school and the training and experience in
working with visual and hearing impaired children
was rejected for the post; the further reason
that the fourth paragraph of section six of the
regulations governing the appointment and retention
of teachers in primary schools for the school
years 2005-06 was ignored. [40166/05]
Minister for Education and Science (Ms
Hanafin): Responsibility for the recruitment and
appointment of staff rests with the board of management
of the school concerned subject to my
Department’s rules and guidelines governing the
appointment and retention of teachers in schools.
These rules state that a fully qualified primary
teacher must be appointed to all vacancies arising
in schools.
The Deputy should note that the fourth paragraph
of section six of the regulations governing
the appointment and retention of teachers in
primary schools for the school years 2005-06 has
not been ignored in this case as it appears that
the school has appointed a fully qualified primary
teacher. It is my understanding that the person
referred to by the Deputy is not recognised by
my Department as a qualified primary school
teacher.
With regard to teacher training, the Deputy
may be interested to know that my Department
established the special education support service
which is based at Cork Education Centre in
September 2003. The aim of the service is to
enhance the quality of teaching and learning with
particular reference to the education of children
with special needs. The service provides support
for school personnel working with pupils and

809 Questions— 25 January 2006. Written Answers 810
students with special educational needs in a variety
of educational settings including special
schools and special classes. Professional development
and support is available to principals,
middle management in schools, class teachers,
subject teachers, special-class teachers, resource
teachers and special needs assistants.
It is open to the management authorities in
schools to address any additional training needs
for staff employed in their schools through the
special education support service.
Inquiry into Child Abuse.
1215. Dr. Upton asked the Minister for Education
and Science if her attention has been
drawn to a statement which a person (details
supplied) sent to her Department at the end of
March 1988 regarding the industrial and reformatory
school system; if her attention has further
been drawn to the statement referred to in a
meeting on 18 March 1988 between the person
who wrote same and the then Secretary General
of her Department; if the statement referred to a
discussion with a member of the Garda Síochána
regarding a possible fraud in one of the schools;
and if she will make a statement on the
matter. [40167/05]
Minister for Education and Science (Ms
Hanafin): I am aware of the statement regarding
the industrial and reformatory school system
referred to in the Deputy’s question. I can also
confirm that this statement was provided in its
entirety for the Commission to Inquire into Child
Abuse in June 2003. My Department, however,
has no record of the meeting on 18 March 1988
to which the Deputy refers.
In regard to allegations of fraud, I can confirm
that audit investigations were made in 1988 and
a more comprehensive audit and evaluation took
place between 1991 and 1994. Certain matters
which came to light during the course of the comprehensive
audit were reported to the Garda
Síochána in December 1992 and the Revenue
Commissioners in July 1993. As a result of irregularities
which came to light, a member of the staff
of Trinity House school was suspended from duty
in November 1992. The detailed Garda investigation
into alleged fraud at Trinity House failed
to disclose any primary evidence to support a
criminal charge.
Departmental Correspondence.
1216. Dr. Upton asked the Minister for Education
and Science if she has satisfied herself that
statements made by members of her Department
over the period 1992 to 1996 regarding representations
made by a person (details supplied) were
accurate and comprehensive; if not, her views on
same; and if she will make a statement on the
matter. [40168/05]
Minister for Education and Science (Ms
Hanafin): I am satisfied that, at all times, officials
in my Department endeavour to ensure that
responses issued to representations are accurate
and comprehensive. If the Deputy has any particular
concern in this regard, she may wish to
provide me with further details in order that I can
have the matter investigated.
Special Educational Needs.
1217. Mr. Gogarty asked the Minister for Education
and Science her views on the disparity
between students with learning and other disabilities
attending post-primary schools in north
and south west Clondalkin and those in the
Clondalkin village and Lucan areas. [40178/05]
Minister for Education and Science (Ms
Hanafin): The enrolment of pupils, including
pupils with special educational needs, is a matter
in the first instance for schools, parents and
guardians. The Education Act 1998 requires all
schools to have in place an admissions policy,
detailing admission to, and participation by,
students with disabilities or who have other
special educational needs. The Act also requires
schools to ensure that as regards that policy the
principles of equality and the right of parents to
send their children to a school of the parents’
choice are respected.
My Department provides a range of supports
for all schools to enable them to welcome
students with special educational needs. My
Department allocates additional teacher support
and special needs assistant support to second
level schools and VECs to cater for students with
special educational needs. The nature and level
of support provided in each case is based on the
professionally assessed needs of the individual
student.
The level of resources being made available to
support students with special educational needs
in the second level system has grown significantly
in recent years. In the current school year, my
Department has allocated approximately 1,639
whole-time equivalent teachers and 1,082 special
needs assistants to second level schools to cater
for pupils with special educational needs. This
represents an increase of approximately 250
teaching posts and 450 special needs assistant
posts on the previous school year.
Under section 29 of the Education Act 1998,
parents of a student who has been refused enrolment
in a school may appeal that decision to the
Secretary General of my Department. Such
appeals are dealt with within 30 days of their
receipt and where an appeal is upheld the Secretary
General is empowered to direct the school
to enrol the student.
With effect from 1 January 2005, the National
Council for Special Education, NCSE, has taken
over key functions from my Department in
regard to special educational provision. I am confident
that the advent of the NCSE will prove of

811 Questions— 25 January 2006. Written Answers 812
[Ms Hanafin.]
major benefit in ensuring that all children with
special educational needs receive the support
they require, when and where they require it.
1218. Mr. Bruton asked the Minister for Education
and Science if schools have been surveyed
to ascertain their experiences with the delivery of
speech therapy services; if her attention has been
drawn to the reports from many schools (details
supplied) that pupils are being forced to pay privately;
and if she will review the relationship with
the Health Service Executive regarding the delivery
of this vital educational support. [40181/05]
Minister for Education and Science (Ms
Hanafin): My Department has not undertaken a
survey of schools in relation to the provision of
speech therapy services. The provision of therapy
services for people with disabilities, including
speech therapy, is a matter for the Health Service
Executive, HSE to which funding is provided for
such purposes. My Department does not employ
speech therapists for the delivery of speech therapy
services to schools or determine the children
who should receive these services. In the circumstances,
the provision of speech therapy should
be raised with the local HSE office by the school
in question.
Gaelscoileanna Statistics.
1219. Mr. Bruton asked the Minister for Education
and Science if, in respect of every gaelscoil
in the 26 Counties, she will provide the name and
address, the approximate size, the date on which
it first opened its doors and accepted pupils, the
source of the gaelscoil’s site, that is sourced privately
by the school itself or provided by the
State and if provided by the State, the date on
which the site was made available. [40182/05]
Minister for Education and Science (Ms
Hanafin): A list of all the gaelscoileanna in the
26 counties follows for the Deputy’s information.
The level of detail relating to opening dates,
source of each site etc. is not readily available in
the format requested by the Deputy. However, if
the Deputy wishes to request information on a
particular school officials in my Department’s
school planning section will be pleased to
assist.
Roll No. School Name Address
18451J Scoil Lorcáin Cearnóg Eaton, Baile na Manach, Co. Átha Cliath
18817C S N Brighde Cullenswood House, Br. Feadha Cuilinn, Raghnallach, B ÁthaC6
19309L Scoil Neasain Baile Harmáin, Baile Átha Cliath 5,
19437U Scoil Naithi Baile an tSaoir, Dun Droma, Baile Átha Cliath 16
19430G Scoil an tSeachtar Laoch Bóthar Bhaile Munna, Baile Munna, Baile Átha Cliath 9
19395H Scoil Mobhí Bóthar Mobhí, Glas Naíon, Baile Átha Cliath 9
19503H Scoil Chrónáin Sráid Mhór, Ráth Cúil, Co. Átha Cliath
19505L SN Oilibhéir Baile an Bhlácaigh, Cluain Saileach, Baile Átha Cliath 15
19589U Gaelscoil Inse Chór 700-701 an Cuarbhóthar Theas, Droichead na hInse, Baile Átha
Cliath 8
20048Q Gaelscoil Liosna nÓg Teach Fhiodh Cuilinn, 21a Bóthar Oakley, Raghnallach, Baile
Átha Cliath 6
20047O Gaelscoil Bharra Naomh Fionnbarra C.L.G., Ascaill an Fhásaigh, an Chabrach,
Bac 7
20043G Gaelscoil Chnoc Liamhna Hallana nGasoóga, Bóthar Cnoc Liamhna, Baile Átha Cliath 16
20015B Gaelscoil Bhaile Munna 187 Bóthar Choltraí, Baile Munna, Baile Átha Cliath 9
20020R Gaelscoil Thaobh na Coille Cill Tiarnáin, B.A.C. 18,
19991A Gaelscoil na Camoige Áras Chrónáin, Bóthar an Ólloird, Cluain Dolcáin, Baile Átha
Cliath 22
19940G Gaelscoil Naomh Pádraig Leamhcan, Co. Baile Átha Cliath,
19926M Gaelscoil Choláiste Mhuire 4 Cearnóg Pharnell, B.Á.C. 1,
19907I Gaelscoil Mologa Bóthar Clareville, Baile Átha Cliath 6w,
20223I Gaelscoil Eiscir Riada C/O ras CLG na Sáirséalaigh/, Leamhcan 12ú Loc, Leamchan,
Co. Átha Cliath
20220C Gaelscoil Uí Earcain C/O W.F.T.R.A. Hall, Bóthar Maelíosa, Fionnghlas, B.Á.C. 11
20095C Gaelscoil Brian Boroimhe Seanbhaile, Bóthar Chill Dheagláin, Sord, Contae Átha Cliath
20056P Gaelscoil Phadráig Ascaill Shileann, Baile Breac, Co. Átha Cliath
20052H Gaelscoil Cholmcille St. Kevin’s Boys’ Club, Br. Crestfield, Cnoc na Fuiseoige,
Fionnbhru, B.Á.C. 9
19898K Gaelscoil an Duinnínigh Draighneán, Feltrim Sord, Co. Baile Átha Cliath
19872P Scoil Cháitlín Maude Cnoc Mhuire, Tamhlacht, Baile Átha Cliath 24

813 Questions— 25 January 2006. Written Answers 814
Roll No. School Name Address
19855P Gaelscoil Chluain Dolcáin Bóthar Nangor, Cluain Dolcáin, Baile Átha Cliath 22
19831B Scoil Chaoimhín Sráid Mhaoilbhríde, Baile Átha Cliath 1,
19777V Gaelscoil Mide Bóthar an Ghleantáin, Ghlais Cill Bharróg, Baile Átha Cliath 5
19646G Scoil Santain Bóthar na hAbhann Mhór, Tamhlacht, Áth Cliath 24
20026G Gaelscoil an Cabháin Scouts’ Den, Railway Road, Cabhán
19811S S N Eoghan Uí Thuairisc Bóthar Phollerton, Carlow
19631Q Gaelscoil Mhic Easmainn Ráth Rónáin, Trá Lí, Co. Chiarraí
20013U Gaelscoil Lios Tuathail Lios Tuathail, Co. Chiarraí,
19941I Gaelscoil Faithleann Cill Airne, Co. Chiarraí
19917L Gaelscoil Naomh Aogáin Bóthar Luimnigh, Oileán Chiarraí, Co. Chiarraí
19680G Scoil C. Uí Dhálaigh Léim an Bhradáin, Co. Chill Dara
20192A Gaelscoil Átha Í A.F.C. Bhaile Átha Í, Bóthar Átha Cliath, Baile Átha Í, Co. Chill
Dara
20159C Gaelscoil Nás naRíogh Nás, Co. Chill Dara
19897I Scoil Uí Riada Cill Choca, Co. Chill Dara
20058T Scoil Uí Fhiaich Achadh Aoibhinn, Má Nuad, Co. Chill Dara
20023A Gaelscoil Chill Dara Lóiste Herbert, an Curragh, Co. Chill Dara
19856R Gaelscoil Osraí Loch Buí, Cill Channaigh
19584K Scoil Chualann Bóthar Vevay, Bré, Co. Chill Mhantáin
20016D Gaelscoil Uí Cheadaigh Bré, Co. Chill Mhantáin,
20080M Gaelscoil an Inbhir Mhóir Fernbank Park, Cemetery Road, An tInbhear Mhóir, Co. Chill
Mhantáin
20045K Gaelscoil Chill Mhantáin An Casadh Meidhreach, Ráth Naoi, Co. Cill Mhantáin
18339P SN Iosef Naofa An Mhaigh, Leacht Uí Chonchubhair, Inis, Co. an Chláir
19838P Gael Scoil Mhíchíl Chíosóg Inis, Co. an Chláir,
19999Q Gaelscoil Uí Choimin An tIonad Óige, Cill Rois, Co. an Chláir
19849U Gaelscoil Donncha Rua Sionna, Co. an Chláir
18292P Gaelscoil an Teaghlaigh Naofa Baile Feithean, Co. Chorcaí
20006A Gaelscoil Chloich na Coillte Sráid na Scoile, Cloich na Coillte, Co. Chorcaí
20001N Gaelscoil Bheanntraí Tigh Warner, Sráid na Bearaice, Beanntraí, Co. Chorcaí
19993E Gaelscoil an Ghoirt Álainn Aibhinne Murmont, Gort Álainn, Corcaigh
19909M Gaelscoil Peig Sayers Unit 42 North Point Business Park, New Mallow Road, Corcaigh
19908K Gaelscoil Mhachan Carraig Dubh, Corcaigh
19899M Gaelscoile Cobh Cobh, Co. Chorcaí
19886D Gael Scoil Thomáis Dáibhis Magh Ealla, Co. Chorcaí
19882S Scoil an Athair Tadhg Ó Murchú Dúglas, Corcaigh
19881Q Gaelscoil Carrig Uí Leighinn Carrig Uí Leighinn, Co. Chorcaí
20151J Gaelscoil Mhuscraí c/o Blarney United Soccer Club, Páirc Radharc na hAbhainn,
Teamhair, an Bhlárna, Co. Chorcaí
20107G Gaelscoil Mhainistir na Corann Ionad an Phobail, Mainistir na Corann, Contae Chorcaí
20025E Gaelscoil Droichead na Bandan c/o G.A.A. Pavilion, Charley Hurley Park, Droichead na Bandan,
Co. Corcaí
20009G Gaelscoil Dr. M. Uí Shúilleabháin An Sciobairín, Co. Chorcaí
19852J Gaelscoil Uí Riada Baile an Easpaig, Co. Chorcaí
19851H Gaelscoil De hIde Mainistir Fhearmaí, Co. Chorcaí
19839R Gael Scoil Uí Riordáin Cúl Rua, Baile an Chollaigh, Co. Chorcaí
19833F Gaelscoil Chorain Sráid na Trá, Eochaill, Co. Chorcaí
18422C Scoil na nÓg Gleann Maghair, Co. Chorcaí
16937c S N Fursa Fursa, Co. na Gaillimhe
19371Q S N Iognáid Bóthar na Sliogán, Gaillimh
19858V Gaelscoil Dara Bóthar Bhaile Átha Cliath, Rinn Mór, Gaillimh
20123E Gaelscoil Riabhach Baile Locha Riach, Co. na Gaillimhe
20061I Gaelscoil Iarfhlatha Community Centre, Sr. an Easbaig, Tuaim, Co. na Gaillimhe
19998O Gaelscoil De hIde Óran Mór, Co. na Gaillimhe

815 Questions— 25 January 2006. Written Answers 816
[Ms Hanafin.]
Roll No. School Name Address
19994G Gaelscoil Mhic Amhlaigh An Coimín Mór, Cnoc na Cathrach, Gaillimh
19969H SN Uí Cheithearnaigh Cúirt an Chumainn, Béal Átha na Slua, Contae na Gaillimhe
19948W Sc na gCeithre Máistrí Díseart Mhuire, BótharnaDíthreibhe, Áth Luain, Co. na hIarmhí
20002P Gaelscoil an Mhuilinn An Muileann Cearr, Co. na hIarmhí
15446B Trummera N S Trummera, Mountrath, Co. Laois
20224K Gaelscoil an tSlí Dála Boiris Mór Ossarí, Contae Laoise
20081O Gaelscoil Phort Laoise Gort bhFraoch, Bóthar Baile Átha Cliath, Portlaoise, Co. Laois
20212D Gaelscoil Liatroma C L G Naomh Mhuire,Áit Tí Fhionn Laoigh, Cora Droma Rúisc,
Co. Liatroma
20083S Gaelscoil an Longfoirt Baile Longfoirt, Co. Longfoirt
20008E Gaelscoil Loch Garman Uisce an Easpaig, Loch Garman
20057R Gaelscoil Inis Córthaidh Inis Córthaidh, Co. Loch Garman
20165U Gaelscoil Mhoshíológ Cluain Aitinn, Guaire, Co. Loch Garman
19883U Gaelscoil Ó Doghair Caisleán Nua Thiar, Co. Luimnigh
19956V Gaelscoil Sáirséal Sráid an Droichid, Luimneach
20181S Gaelscoil an Ráithín Dooradoyle Road, Limerick City,
20148U Gaelscoil Chaladh an Treoigh Chaladh an Treoigh, Luimneach,
19931F Gaelscoil Sheoirse Clancy, An Cnoc Theas, Luimneach
19894C An Mhodh Scoil Ascaill Uí Chonaill, Luimneach
19740V S N Aonghusa Geata an Domhnaigh, Droichead Átha, Co. Lú
19892V Gaelscoil Dhún Dealgan Muirthéimhne Mór, Dún Dealgan, Co. Lú
19725C Gaelscoil Éanna Br. Áth Throim, an Uaimh, Co. na Midhe
19867W Scoil na Ríthe Dún Seachlainn, Co. na Mí
20051F Gaelscoil na Bóinne Dublin Road, Trim, Co. Meath
20082Q Gaelscoil Dhún Buinne Dún Buinne, Co. na Mí
19779C Gaelscoil na Cille Cill Dhéagláin, Ashbourne, Co. Meath
19832D Scoil Raifteirí Faiche an Aonaigh, Gort na Fuaráin, Caisleán an Bharraigh, Co.
Mhaigh Eo
20084U Gaelscoil Bháal an Átha Corraí Mhuireann, Báal an Átha, Co. Mhaigh Eo
20046M Gaelscoil na Cruaiche Sráid Altamount, Cathair na Mart, Co. Mhaigh Eo
19972T S N Uileog De Búrca Clár Chlainne Mhuiris, Co. Maigh Eo
19857T Gaelscoil Carrickmacross Carraig Mhachaire Rois, Co. Mhuineacháin,
20055N Gaelscoil Eois Eanach Cille, An Chuil Darach, Co. Mhuineacháin
19936P Gaelscoil Ultáin An Cnoc, Muineachán
19814B Scoil Gearbháin Sráid Emmett, Dún Garbháin, Port Láirge
20050D Gaelscoil na nDeise Bóthar Grásta Dé, Port Láirge
19885B Gealscoil Philib Barun Teach Réalt na Mara, An Trá Mhór, Co. Phort Láirge
19853L Gaelscoil Phort Láirge Baile Mhic Gonair, Port Láirge
20126K Gaelscoil De hIde Cnoc na Crúibe, Br. na Gaillimhe, Ros Comáin, Co. Ros Comáin
20044I Gaelscoil Chnoc na Ré Bóthar Baile Uí Dhugáin, Sligeach,
19937R Gaelscoil Aonach Bóthar Naomh Chonláin, Aonach Urmhumhan, Co. Thiobraid
Árann
20085W Gaelscoil Charraig na Siúire c/o Carrick Utd. Football Club, Coolnamuck Road, Carrick-On-
Suir, County Tipperary
20007C Gaelscoil Chluain Meala Baile Gaelach, Cluain Meala, Co. Thiobraid Árann
20027I Gaelscoil Thiobraid Árann Morgáiste, Baile Thiobraid Árann, Co. Thiobraid Árann
19968F Gaelscoil Durlas Eile Durlas, Co. Tiobraid Árainn,
19971R Gaelscoil Adhamhnáin Gleann Cearra, Leitir Ceanainn, Co. Dhún na nGall
20144M Gaelscoil Chois Feabhaill Gaa, Bun an Phobail, Co. Dhún na nGall
20167B Gaelscoil Éirne Fearainn an Bhaile, Beal Átha Seannaigh, Co. Dhún na nGall
20096E Gaelscoil na gCeithre Máistrí Baile Dún na nGall, Co. Dún na nGall,
20097G Gaelscoil Bhun Crannach Bun Crannach, Dhún na nGall
19990V Gaelscoil an Eiscir Riada Cluain Calga, An Tulach Mhór, Co. Uibh Fhailí

817 Questions— 25 January 2006. Written Answers 818
Schools Building Project.
1220. Mr. Bruton asked the Minister for Education
and Science the reason for the continued
delays in the purchasing of the site off Oscar
Traynor Road, Dublin 5, earmarked for a gaelscoil
(details supplied) from Dublin City
Council. [40183/05]
Minister for Education and Science (Ms
Hanafin): My Department is fully aware of the
need to provide a solution for the long-term
accommodation needs of the school to which the
Deputy refers and is actively considering two
options. One option is the provision of a new
school on a greenfield site. This matter is being
pursued by the property management section of
the Office for Public Works, which acts on behalf
of my Department in regard to site acquisitions
generally. The second option, which could offer a
better value for money solution, involves rationalisation
of existing providers in the area. While
agreement in principle to this proposal has been
received in my Department discussions are
ongoing regarding the practical delivery of this
accommodation solution.
Special Educational Needs.
1221. Mr. P. Breen asked the Minister for Education
and Science if consideration will be given
for a special needs assistant for a person (details
supplied) in County Clare together with a lap top
that would be adapted to their needs; and if she
will make a statement on the matter. [40187/05]
Minister for Education and Science (Ms
Hanafin): With effect from 1 January 2005, the
National Council for Special Education, NCSE,
has taken over responsibility for processing
resource applications for children with disabilities
who have special educational needs. Under the
new arrangements, the council, through the local
special educational needs organiser, SENO, will
process the relevant application for resources and
inform the school of the outcome. The SENO will
outline the process to the school and parents,
where appropriate, and will at the end of the process
outline the basis on which the decision was
made. My officials have confirmed that the school
authorities have been in contact with the local
SENO regarding an application for resource
teaching support only. There is no indication of
an application for a special needs assistant and
assistive technology support for the pupil to
whom the Deputy refers.
School Staffing.
1222. Mr. Costello asked the Minister for Education
and Science if all of the 20 one-teacher
schools will have a second person working in the
school on health and safety grounds; and if she
will make a statement on the matter. [40191/05]
1225. Mr. Ferris asked the Minister for Education
and Science if the necessary funding will
be made available to ensure that a second teacher
is appointed to all remaining one teacher schools;
and if she will make a statement on the
matter. [40214/05]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1222
and 1225 together. Under the staffing schedule
for primary schools, an enrolment of 12 recognised
pupils at the end of September 2004 is
required for the employment of a principal and
one mainstream classroom teacher. However, the
provisional enrolment figures, which have been
submitted to my Department, indicate that a
minimum of 12 recognised pupils were enrolled
in several schools which have one teacher and, on
this basis, the schools concerned would qualify
for the appointment of a mainstream teacher in
2006. Following detailed consideration of the
position of these schools, I am pleased to inform
the Deputies that, as an entirely exceptional
matter, I decided that a mainstream class teacher
may be appointed in those schools immediately
rather than with effect from 1 September 2006
which is the position which would normally apply
in these circumstances and the boards of management
of the schools concerned were notified
accordingly. A detailed review of the position of
the 13 one-teacher schools with fewer than 12
pupils enrolled on 30 September 2004, is being
undertaken and will be completed as speedily as
possible.
In accordance with the Safety, Health and Welfare
at Work Act 1989, it is the responsibility of
individual school management authorities to have
a safety statement in place in their schools. The
statement should identify potential hazards,
assess the risks to health and safety and put
appropriate provision in place to safeguard the
safety and health of employees and pupils. The
safety statement should be reviewed on a regular
basis.
1223. Mr. J. Higgins asked the Minister for
Education and Science if the ratio of one guidance
counsellor to 250 pupils will be restored.
[40195/05]
Minister for Education and Science (Ms
Hanafin): My Department makes a specific exquota
allocation of teaching posts in respect of
guidance to schools in the second level system.
This allocation is based on the pupil enrolment in
September of the preceding school year. As a
result of my decision to allocate an additional 100
posts to guidance from September 2005 an
enhanced guidance allocation provision was put
in place for the 2005-06 school year. As a result
for schools in the free education or block grant
schemes, the level of allocation ranges from eight
hours per week for schools with enrolments

819 Questions— 25 January 2006. Written Answers 820
[Ms Hanafin.]
below 200 pupils to 47 hours per week for schools
with an enrolment of 1,000 pupils or more. In
addition, certain schools which had been allocated
hours in response to particular needs or as
part of the guidance enhancement initiative, have
been permitted to retain this higher allocation for
the 2005-06 school year.
In the case of schools outside the free education
or block grant schemes, 11 hours per week
are allocated in respect of schools in the 350-499
enrolment category and a full post is allocated in
the case of schools with 500 or more pupils. My
decision to allocate 100 additional posts to
enhance existing provision reflects the importance
which I attach to the area of guidance.
Higher Education Grants.
1224. Dr. Upton asked the Minister for Education
and Science the way in which the review of
her Department’s policy towards persons holding
non-vocational postgraduate degrees in law seeking
higher education grants for the vocational
barrister-at-law degree at the King’s Inns which
she referred to in Parliamentary Questions Nos.
149 of 14 April 2005, 397 of 26 April 2005, 607
of 30 June 2005 and 254 of 26 October 2005 is
progressing; the outcome of same; when same will
be concluded; and if her attention has been drawn
to the fact that a person (details supplied)
presently enrolled in the King’s Inns may have to
cease their studies unless the outcome of this
review is determined soon. [40212/05]
Minister for Education and Science (Ms
Hanafin): Following consideration of information
supplied by the Honourable Society of the King’s
Inns, it has been decided that candidates entering
the King’s Inns barrister-at-law course who
already hold a Masters degree in law as their
highest qualification, will be recognised as progressing
under the terms and conditions of the
higher education grants scheme 2005. This will
allow such candidates, including the candidate to
whom the Deputy refers, to be considered for
funding from the academic year 2005-06. It will
bring the conditions for progression in respect of
this particular course into line with the arrangements
in place in respect of the professional practice
course of the Incorporated Law Society.
Question No. 1225 answered with Question
No. 1222.
Special Educational Needs.
1226. Mr. O’Shea asked the Minister for Education
and Science the discussions which have
taken place involving officials of her Department
and officials of the South Eastern Health Board
and Health Service Executive, south east area,
regarding the need for enhanced educational
facilities for special needs children in pre-school,
children with autism spectrum disorder, children
with specific language disorder and children in
the moderate, severe and profound range of
learning disability in west Waterford; and if she
will make a statement on the matter. [40215/05]
Minister for Education and Science (Ms
Hanafin): Officials from the special education
section of my Department meet their counterparts
in the Department of Health and Children,
the Health Service Executive, HSE, and the
National Council for Special Education, NCSE,
on a regular and ongoing basis to discuss issues
of mutual concern. However, no recent meeting
involving the HSE, south east area, has taken
place regarding the matters to which the Deputy
refers and there has been no request for a meeting
to discuss such matters with the special education
section. If it is the case, however, that the
HSE, south east area, has concerns of the nature
described by the Deputy, it should write directly
to my Department outlining the exact nature of
those concerns. Once such information is
received I will ensure that it receives attention
from the appropriate areas of my Department.
It may be the case that the matters would fall
to be dealt with by the NCSE which is responsible
for processing applications for special educational
needs, SEN, supports and for identifying appropriate
educational settings for children with
special educational needs. If this is the case, I will
ensure that any information sent to my Department
is referred for appropriate action to the
NCSE.
Educational Disadvantage.
1227. Mr. Ó Fearghaíl asked the Minister for
Education and Science if her attention has been
drawn to the work of the Kildare Community and
Education Partnership; if her Department will
assist with the ongoing work of the partnership;
and if she will make a statement on the
matter. [40217/05]
Minister for Education and Science (Ms
Hanafin): I am aware of the work undertaken by
the partnership and recently received a copy of
its objectives and work plan for 2005-06. These
documents have been forwarded to my Department’s
social inclusion unit. The partnership has
received support from my Department since 2004
through the secondment of a primary school
teacher, on a full cost recoupment basis, to work
with the partnership as a full-time education
officer.
A key focus of the Government’s education
policy is to prioritise investment in favour of
those most at risk and to optimise access, participation
and outcomes at every level of the system
for disadvantaged groups. Delivering Equality of
Opportunity in Schools, DEIS, the new action
plan for educational inclusion, aims to ensure that
the educational needs of children and young

821 Questions— 25 January 2006. Written Answers 822
people from disadvantaged communities are
prioritised and effectively addressed.
A key element of DEIS is putting in place a
standardised system for identifying levels of disadvantage
in our primary and second level
schools for the purposes of qualifying for
resources, both human and financial, according to
the degree of disadvantage experienced. This
standardised system will replace all of the existing
arrangements for targeting schools for participation
in initiatives to address disadvantage. This
process is being managed by the educational
research centre on behalf of my Department, and
is being supported by quality assurance work coordinated
through my Department’s regional
offices and the inspectorate.
As a result of the identification process, which
involved a new survey of all mainstream primary
schools conducted by the centre in May 2005 and
the updating by them of existing data sources on
the levels of disadvantage in second level schools,
approximately 600 primary schools, comprising
300 urban or town, and 300 rural, and 150 second
level schools will be included in a new school support
programme. This will bring together and
build upon a number of existing interventions for
schools and school clusters or communities with
a concentrated level of educational disadvantage.
The identification process is nearing completion
and we anticipate being in a position to notify
participating schools shortly.
School Staffing.
1228. Mr. Timmins asked the Minister for Education
and Science the position in regard to the
health and safety issue in the other 13 oneteacher
schools; if the necessary moneys will be
sanctioned in order that a second adult may be
appointed; and if she will make a statement on
the matter. [40229/05]
1233. Mr. Durkan asked the Minister for Education
and Science her views on allocating a
second teacher to 13 one-teacher schools on
health and safety grounds; and if she will make a
statement on the matter. [40306/05]
1241. Ms Enright asked the Minister for Education
and Science her views on the operation of
one-teacher schools from a health and safety perspective
in view of the possibility of an accident
happening within the school; her further views on
providing either a second teacher or a classroom
assistant; and if she will make a statement on the
matter. [40361/05]
1245. Ms Enright asked the Minister for Education
and Science her views on the operation of
one-teacher schools from a health and safety perspective,
particularly in view of the possibility of
an accident happening within the school; her
further views on providing either a second
teacher or a classroom assistant; and if she will
make a statement on the matter. [40379/05]
1384. Mr. Sargent asked the Minister for Education
and Science the progress which has been
made on the review being undertaken of the way
in which one-teacher schools can be assisted with
the necessary staffing to meet modern health and
safety requirements and still maintain schools in
areas where these schools are operating.
[2348/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1228,
1233, 1241, 1245 and 1384 together.
The mainstream teacher allocation of all
primary schools, including one-teacher schools, is
determined by reference to the enrolment of the
school on 30 September of the previous school
year. The staffing schedule is outlined in a circular
which is issued annually to all primary schools.
In addition such schools may be eligible for
additional teacher or special needs assistant allocations
in accordance with the criteria for the
allocation of special needs resources.
Sections 14, 15 and 23 of the Education Act
1998 assign each board of management and principal
teacher responsibility for the day-to-day
management of schools at both primary and postprimary
level. Principals should organise supervision
for the order and general behaviour of
pupils during school hours. In particular, they
should organise and participate in the effective
supervision of the pupils during breaks, lunchbreaks,
assembly and dismissal.
Rules 121(4) and 124(1) of the rules for
national schools and section 23(2) of the Education
Act 1998 oblige teachers to take all reasonable
precautions to ensure the safety of pupils
and to participate in supervising pupils when the
pupils are on school premises, during school time
and-or on school activities. Accordingly, the
responsibility of all teachers individually and collectively
to provide for a duty of care at all times
towards the pupils in the school in which they
teach, including periods of supervision, remains.
Special needs assistants, who may be assigned to
schools to cater for pupils with significant care
needs, may be required to assist such pupils, if
appropriate.
In accordance with the Safety, Health and Welfare
at Work Act 1989, it is the responsibility of
individual school management authorities to have
a safety statement in place in their schools. The
statement should identify potential hazards,
assess the risks to health and safety and put
appropriate provision in place to safeguard the
safety and health of employees and pupils. The
safety statement should be reviewed regularly.
A detailed review of the position of oneteacher
schools with fewer than 12 pupils enrolled
on 30 September 2004 is being undertaken and
will be completed as speedily as possible.

823 Questions— 25 January 2006. Written Answers 824
Schools Recognition.
1229. Mr. Timmins asked the Minister for Education
and Science the position regarding an
application for recognition as a national primary
school by a school (details supplied) in County
Wicklow in conjunction with Educate Together;
if recognition can be sanctioned as the school is
anxious to make the transition to open as a
national school in September 2006; and if she will
make a statement on the matter. [40234/05]
1236. Ms McManus asked the Minister for Education
and Science the steps she plans to take
with regard to the application from a school
(details supplied) in County Wicklow, which
would result in a transition to a national primary
school in partnership with Educate Together; the
timeframe for such a transition; and if she will
make a statement on the matter. [40323/05]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1229
and 1236 together.
A notification of an intention to apply for the
recognition of a new Educate Together school in
Blessington, County Wicklow has been lodged.
The proposal is for Educate Together to take
over patronage of the existing Montessori school.
The closing date for receipt of a formal and full
application for recognition is 31 January 2006.
The new schools advisory committee, NSAC,
which was established in 2002, independently
assesses and makes recommendations to me on
all such applications. Decisions in respect of
applications for the recognition of new schools
with effect from the commencement of the 2006-
07 school year will issue to applicants by 17
April 2006.
Higher Education Grants.
1230. Mr. Rabbitte asked the Minister for Education
and Science the reason for the delay in
processing an application first made in 2002 for a
higher education grant by a person (details
supplied) in County Mayo; the further reason her
Department has not responded to the letters sent
to them by the person’s general practitioner; if
she has satisfied herself regarding the way in
which this application has been treated.
[40252/05]
Minister for Education and Science (Ms
Hanafin): The higher education grant schemes
operate under the Local Authorities (Higher
Education Grants) Acts 1968 to 1992. When
assessing the means of students, other than independent
mature students, the Acts specify that
the students’ means and those of their parents or
guardians must be below a prescribed limit.
As regards the operation of third level grants
schemes, I should point out that the decision on
eligibility for third level grants is a matter for the
relevant local authority or VEC, which in the case
referred to by the Deputy is Mayo County
Council. These bodies do not refer individual
applications to my Department except, in exceptional
cases, where, for example, advice or
instruction regarding a particular clause in the
relevant scheme is desired.
Mayo County Council contacted my Department
for direction concerning certain matters in
this case. My Department is still in communication
with Mayo County Council and the applicant
and his representatives concerning issues
which have arisen in the context of the examination
of this grant application. We expect to be
in a position shortly to finalise a decision.
Schools Building Projects.
1231. Mr. Neville asked the Minister for Education
and Science the position regarding the proposed
extension for a school (details supplied) in
County Limerick. [40253/05]
Minister for Education and Science (Ms
Hanafin): An application has been received from
the school authority for capital funding towards
the provision of an extension to provide ancillary
accommodation. The application has been
assessed in accordance with the published prioritisation
criteria and is being considered in the
context of the school building and modernisation
programme 2006-10.
Residential Institutions Redress Board.
1232. Mr. Noonan asked the Minister for Education
and Science if her attention has been
drawn to the campaign by former residents of the
Morning Star mother and baby unit to be
included on the schedule of institutions whose
former residents are eligible for compensation
from the Redress Board; and if she will make a
statement on the matter. [40283/05]
1258. Mr. F. McGrath asked the Minister for
Education and Science the position regarding the
case of a person (details supplied); and if the
Children’s Act 1908 is a solution to this case.
[1057/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1258
and 1232 together.
Section 4 of the Residential Institutions
Redress Act 2002 provides that the Minister for
Education and Science may, by order, insert
additional institutions in the Schedule to the Act.
For an institution to be considered under section
4, it must be an industrial school, a reformatory
school, an orphanage, a children’s home, a special
school for children with a physical or intellectual
disability, or a hospital providing medical or
psychiatric services to people with a physical or
mental disability or mental illness. It must also be
one in which children were placed and resident,

825 Questions— 25 January 2006. Written Answers 826
and in respect of which a public body had a regulatory
or inspection function.
The case in question concerns the Regina Coeli
hostel which provided shelter for homeless
women, mothers with young children and expectant
mothers. However, as such hostel facilities do
not come within the scope of section 4 of the Act,
it is not open to me to consider the inclusion of
this institution in the Schedule. The question of
including additional institutions has now been
fully considered by my Department in consultation
with relevant Government Departments
and it is not proposed to add any further institutions
to the Schedule.
The Children Act 1908 was an Act to consolidate
and amend the law on the protection of children
and young persons. It also provided for the
recognition of reformatory and industrial schools
and for sanctions to be imposed relating to
offences concerning children and young people.
Many of the sections of this Act have since been
amended by a number of more recent Acts. Part
IV of the Act deals with the certification and
management of industrial and reformatory
schools. However, as the Regina Coeli hostel
does not come within the description of either an
industrial or reformatory school, it does not
appear that the 1908 Act can be of assistance in
this case.
Question No. 1233 answered with Question
No. 1228.
Higher Education Grants.
1234. Mr. Durkan asked the Minister for Education
and Science the reason the higher education
grant has not been approved in the case of
a person (details supplied) in County Kildare
under the 2005 PLC maintenance grant scheme;
and if she will make a statement on the
matter. [40307/05]
Minister for Education and Science (Ms
Hanafin): My Department funds three meanstested
maintenance grant schemes for third level
education students in respect of attendance on
approved courses in approved third level institutions
and one maintenance grant scheme in
respect of students attending approved post leaving
certificate courses in approved PLC centres.
These are the higher education grants scheme,
the vocational education committees’ scholarship
scheme, the third level maintenance grants
scheme for trainees and the maintenance grant
scheme for students attending post leaving certificate
courses.
Under the terms of the maintenance grants
scheme for post leaving certificate courses 2005,
grants are available to eligible candidates who are
entering approved PLC courses for the first time
in the 2005-06 academic year. Candidates are
ineligible if they already hold a FETAC level 5
qualification, formerly known as a FETAC
(NCVA) level 2 qualification, a FETAC level 6
qualification, formerly known as a FETAC
(NCVA) level 3 qualification, or a third level
qualification at level 6 or higher.
However, notwithstanding this condition, candidates
who already hold a qualification no
higher than FETAC level 5, formerly known as a
FETAC (NCVA) level 2 qualification, and are
now pursuing a course that offers progression,
may be deemed eligible for grant aid.
Under the scheme, a grant is tenable for the
normal duration of the approved PLC course and
is renewable annually subject to the satisfactory
participation, attendance and the approval of the
vocational education committee. A record of
achievement is generally issued in respect of individual
modules of a course, whereas a full award
— FETAC level 5 formally known as a FETAC
(NCVA) level 2 qualification, a level 6 qualification,
formally known as FETAC (NCVA) level
3 qualification — is issued were all modules of a
particular course have been successfully
completed.
My Department understands that the candidate
referred to by the Deputy has previously pursued
an approved PLC course at FETAC level 5.
However, she did not attain the terminal qualification
on completing the course. In the circumstances
she may not be deemed as progressing
under the terms of the of the PLC scheme.
Schools Building Projects.
1235. Ms Enright asked the Minister for Education
and Science if a school (details supplied)
in County Donegal can be included in the small
school initiative programme for 2005/2006; and if
she will make a statement on the matter.
[40322/05]
Minister for Education and Science (Ms
Hanafin): The application has been assessed in
accordance with the published prioritisation
criteria and is being considered in the context of
the school building and modernisation programme
2006-10.
Question No. 1236 answered with Question
No. 1229.
School Accommodation.
1237. Mr. Blaney asked the Minister for Education
and Science the position in relation to an
application by a school (details supplied) in
County Donegal for an extra classroom in
September 2006; and if she will make a statement
on the matter. [40337/05]
Minister for Education and Science (Ms
Hanafin): The application has been assessed in
accordance with the published prioritisation
criteria and is being considered in the context of
the school building and modernisation programme
2006-10.

827 Questions— 25 January 2006. Written Answers 828
1238. Mr. O’Connor asked the Minister for
Education and Science if her attention has been
drawn to the serious need for educational support
for the international cohort of children in schools
(details supplied) in Dublin 24; if account will be
taken of the crisis situation developing in this
regard; the action she will take; and if she will
make a statement on the matter. [40356/05]
Minister for Education and Science (Ms
Hanafin): Schools catering for non-national
pupils who have significant English language deficits
are entitled to assistance to enable these
pupils gain full access to the curriculum.
Schools that have 14 to 27 non-English speaking
non-national pupils enrolled are entitled to a
full-time temporary language support teaching
post at primary level. Schools with 28 or more
such pupils are entitled to two full-time temporary
language support teachers. In exceptional
cases, following consideration by my Department’s
inspectorate, a third teaching post may
be sanctioned.
The support for an individual pupil is provided
for a period of up to two years. On the basis that
the non-national pupils for whom support was
sought are enrolled in the schools referred to by
the Deputy on 30 September 2005, my Department
sanctioned the retention of a third language
support teacher in the junior school and a second
language support teacher in the senior school
concerned for the 2005-06 school year.
1239. Ms Enright asked the Minister for Education
and Science the progress which has been
made regarding the amalgamation of schools
(details supplied) in County Laois; and if she will
make a statement on the matter. [40359/05]
Minister for Education and Science (Ms
Hanafin): As the Deputy is aware, the schools to
which she refers have agreed to amalgamate. A
technical inspection of the existing buildings
found that neither would be suitable to act as a
host for the new school. Therefore, it is necessary
to apply a greenfield site solution to facilitate
the amalgamation.
The school authorities advertised for sites and
details of replies have been submitted to my
Department for consideration. When a decision
has been taken on a suitable site, acquisition will
be considered in the context of the school building
and modernisation programme from 2006
onwards.
Summer Works Scheme.
1240. Ms Enright asked the Minister for Education
and Science when a decision will be made
on an application under the summer works
scheme by a school (details supplied) in County
Offaly; and if she will make a statement on the
matter. [40360/05]
Minister for Education and Science (Ms
Hanafin): The school to which the Deputy refers
has submitted an application for a mechanical
upgrade under the summer works scheme 2006.
All applications under this scheme are currently
being assessed and I expect to be in a position to
publish the list of successful applicants shortly.
Question No. 1241 answered with Question
No. 1228.
School Staffing.
1242. Ms Enright asked the Minister for Education
and Science the staffing arrangements for
learning support teachers and resource teacher
positions available to two schools (details
supplied) in County Offaly; the number of hours
allocated to each school; and if she will make a
statement on the matter. [40362/05]
Minister for Education and Science (Ms
Hanafin): As the Deputy is aware, a general allocation
scheme has been introduced under which
mainstream primary schools have been provided
with resource teaching hours, based on enrolment
figures, to cater for children with high incidence
special educational needs, SEN, such as dyslexia
and those with learning support needs. All
schools were notified of their general allocation
for the 2005-06 school year last May.
The Deputy will be aware that the National
Council for Special Education, NCSE, through
the local special educational needs organiser,
SENO, is responsible for processing applications
from schools for special needs supports such as
resource teaching hours support for children with
low-incidence SEN, on the basis of applications
in respect of individual pupils.
The first school referred to by the Deputy has
a total allocation of 31.5 hours teaching support
to provide for all pupils with special educational
needs in the school while the second school has a
total allocation of 67 hours.
Higher Education Grants.
1243. Mr. Allen asked the Minister for Education
and Science if a situation whereby a person
(details supplied) in County Cork has been
refused a third level grant will be investigated.
[40374/05]
Minister for Education and Science (Ms
Hanafin): My Department funds three meanstested
maintenance grant schemes for third level
education students in respect of attendance on
approved courses in approved third level institutions
and one maintenance grant scheme in
respect of students attending approved post leaving
certificate courses in approved PLC centres.
These are the higher education grants scheme,
the vocational education committees’ scholarship
scheme, the third level maintenance grants
scheme for trainees and the maintenance grant

829 Questions— 25 January 2006. Written Answers 830
scheme for students attending post leaving certificate
courses.
Under the terms of the maintenance grants
scheme for post leaving certificate courses 2005,
grants are available to eligible candidates who are
entering approved PLC courses for the first time
in the 2005-06 academic year.
Candidates are ineligible if they already hold a
FETAC level 5 qualification, formerly known as
a FETAC (NCVA) level 2 qualification, a
FETAC level 6 qualification, formerly known as
a FETAC (NCVA) level 3 qualification, or a
third level qualification at level 6 or higher.
However, notwithstanding this condition, candidates
who already hold a qualification no higher
than FETAC level 5, formerly known as a
FETAC (NCVA) level 2, and are now pursuing
a course that offers progression may be deemed
eligible for grant aid.
My Department understands that the candidate
referred to by the Deputy has previously completed
an NCVA level 2 course in information
processing. Accordingly, with reference to the
above provisions of the PLC scheme, I regret that
she is ineligible for grant assistance in respect of
another course at FETAC level 5. She would be
eligible to be assessed for a grant if she was pursuing
a FETAC level 6 course which would be
deemed a higher qualification than a FETAC
level 5 course.
Special Educational Needs.
1244. Mr. Bruton asked the Minister for Education
and Science if an assessment of the needs
of a special school (details supplied) in Dublin 9
has been carried out; her views on the shortcomings
in teaching resource, therapy resource
and physical facilities to provide these badly
needed support services; and if she will make a
statement on the matter. [40377/05]
Minister for Education and Science (Ms
Hanafin): I wish to advise the Deputy that the
school in question wrote directly to my office concerning
the matters now referred to and I furnished
a comprehensive response to the school
recently. My letter contained advice to the school
as to how it might address the specific issues that
are of concern to it and my officials will be happy
to follow up on any issues with them.
Question No. 1245 answered with Question
No. 1228.
School Accommodation.
1246. Mr. O’Dowd asked the Minister for Education
and Science her proposals to expand education
facilities in existing primary and post
primary schools in County Louth, in view of the
significant growth in population particularly in
Drogheda, Dundalk and Ardee; if she intends to
build new primary and secondary schools in
County Louth; and if she will make a statement
on the matter. [1011/06]
Minister for Education and Science (Ms
Hanafin): My Department is aware that the
population of County Louth continues to increase
and that this is causing some strain on existing
educational provision at primary and postprimary
level. However, my Department has
undertaken a number of measures to address the
current and future need for pupil places in this
area in general and in the areas referred to by the
Deputy in particular.
In this regard, at primary level, extensions were
recently provided at Walshestown NS, Tullyallen
NS, Scoil Mhuire in Muchgrange, and Scoil
Mhuire Gan Smál in Cartown. In addition a new
32 classroom school has been approved for
Drogheda and major extensions have been
approved for Ardee Monastery NS, Scoil Mhuire
na nGael Dundalk and St. Buite’s NS Tenure. A
new school building has also been approved for
Mell NS Drogheda.
At post-primary level, an extension to Scoil Uí
Mhuire Dunleer is currently under construction
and extension projects at Drogheda Grammar
School and Dundalk Grammar School are in
architectural planning. All of these initiatives represent
huge capital investment and demonstrates
my Department’s commitment to meeting the
needs of the areas concerned.
My Department has also had discussions with
Louth County Council which has appointed consultants
to draw up a master plan for three new
residential neighbourhoods as identified under
the local area plan for north Drogheda environs
2004. My Department received draft working
papers on the planning strategy for this master
plan and officials subsequently met with the local
authority to discuss the plan. Following this, my
Department corresponded with the local authority
outlining its initial assessment of educational
requirements at both primary and postprimary
level for the area based on a proposal in
the plan to deliver up to 7,500 new houses over
the next ten to 15 years.
My Department also received correspondence
from Dundalk Town Council with regard to a
proposed development plan for the south west
sector of Dundalk. This correspondence outlined
proposals for the development of three areas of
residential development comprising of some
7,300 units. As a result my Department outlined
its initial assessment of educational requirements
for this area based on the proposed development.
The next stage in this process is the preparation
of a draft development plan by the local authority
which my Department will be commenting on
when available.
Apart from this, as the Deputy will also be
aware, a new school planning model involving
published area development plans is being piloted
in five areas over the current school year.

831 Questions— 25 January 2006. Written Answers 832
[Ms Hanafin.]
Drogheda is included in the pilot scheme as part
of an overall plan for the north Dublin/east
Meath and south Louth area. The need for
additional primary and post-primary schools in
the area will be further considered in this context.
The purpose of this new approach to school
planning is to ensure that, in future, the provision
of school infrastructure will be decided only after
a transparent consultation process. In this regard,
parents, trustees, sponsors of prospective new
schools and all interested parties from a locality
will have the opportunity to have their voices
heard in the process.
The draft plan for north Dublin/east Meath and
south Louth is nearing completion in the school
planning section of my Department and I hope to
be in a position to publish it shortly.
Third Level Funding.
1247. Mr. O’Shea asked the Minister for Education
and Science the amount of money allocated
to each of the institutes of technology in
2005 to cover recurrent expenditure; and if she
will make a statement on the matter. [1012/06]
Minister for Education and Science (Ms
Hanafin): Details of recurrent funding provided
to each institute of technology in 2005 are set out
in the following table.
The annual budget for each institute of technology
is at present allocated on the basis of its
total pay and non-pay requirements following
consideration of its annual programmes and
budget submission which is required under the
RTC/DIT Acts. The allocation takes into account
the complexity of the institute, the range of
courses and facilities offered to students, the total
number of students, both full-time and part-time,
and the nature of the infrastructure. Decisions on
the allocations also have regard to government
policy and priorities.
Recurrent Funding provided to Institutes of Technology 2005.
Institute of Technology
Recurrent Funding
2005
\000’s
Athlone 20,234
Blanchardstown 9,440
Carlow 18,163
Cork 46,438
Dundalk 19,756
Dún Laoghaire 10,516
GMIT 31,569
Letterkenny 14,773
Limerick 20,558
Sligo 19,830
Tallaght 18,929
Tralee (inc CoD) 19,968
T.R.B.D.I. 8,776
Waterford 33,528
DIT 107,196
TOTAL 399,674
1248. Mr. O’Shea asked the Minister for Education
and Science the amount of capital funding
allocated to each of the institutes of technology
in 2005; and if she will make a statement on the
matter. [1013/06]
1249. Mr. O’Shea asked the Minister for Education
and Science the amount of capital funding
allocated to each of the universities in 2005; and
if she will make a statement on the matter.
[1014/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1248
and 1249 together.
I am pleased to advise the Deputy of all payments
made during the 2005 fiscal year in respect
of capital works in the third level sector. The following
tables outline in detail capital funding paid
to the institute of technology sector and the university
sector.
Institute 2005 PRTLI Total
Athlone Institute of Technology 912,656 0 912,656
Institute of Technology, Blanchardstown 204,112 0 204,112
Institute of Technology, Carlow 196,894 0 196,894
Cork Institute of Technology 11,807,236 0 11,807,236
Dublin Institute of Technology 2,616,055 669,786 3,285,841
Dundalk Institute of Technology 366,211 0 366,211
Dún Laoghaire Institute of Art, Design and Technology 607,659 0 607,659
Galway-Mayo Institute of Technology 1,131,129 0 1,131,129
Killybegs Tourism College 37,940 0 37,940
Letterkenny Institute of Technology 292,430 0 292,430
Limerick Institute of Technology 584,679 584,679
Institute of Technology, Sligo 364,120 187,421 551,541

833 Questions— 25 January 2006. Written Answers 834
Institute 2005 PRTLI Total
Institute of Technology, Tallaght 203,803 0 203,803
Institute of Technology, Tralee 420,827 0 420,827
Tipperary, Rural and Business Development Institute 53,262 0 53,262
Waterford Institute of Technology 541,556 1,192,062 1,733,618
Annual Total 20,340,568 2,049,269 22,389,837
College 2005 PRTLI Total
UCD 5,260,829 7,790,108 13,050,937
DCU 1,500,000 1,277,138 2,777,138
UCC 6,185,428 16,047,314 22,232,743
MIC 1,787,928 0 1,787,928
NCAD 0 0 0
NUIM 0 198,377 198,377
UL 8,860,132 128,498 8,988,630
TCD 513,295 4,809,857 5,323,152
NUIG 6,785,303 5,865,013 12,650,316
RCSI 838,098 6,793,411 7,631,509
SPD 268,205 0 268,205
DIAS 0 554,032 554,032
TOTAL 31,999,218 43,463,748 75,462,966
1250. Mr. O’Shea asked the Minister for Education
and Science the amount of money allocated
to each of the universities in 2005 to cover
recurrent expenditure; and if she will make a
statement on the matter. [1015/06]
Minister for Education and Science (Ms
Hanafin): The recurrent funding allocated to each
university in 2005 is given as follows.
\ million
University College Dublin 158.79
University College Cork 108.23
National University of Ireland, Galway 83.34
National University of Ireland, Maynooth 40.14
Trinity College Dublin 114.32
University of Limerick 65.62
Dublin City University 46.26
Special Educational Needs.
1251. Mr. F. McGrath asked the Minister for
Education and Science the reason there are no
places for 29 children with autism on the northside
of Dublin. [1030/06]
1252. Mr. F. McGrath asked the Minister for
Education and Science if funding and permission
will be granted to a school (details supplied) in
County Dublin. [1031/06]
1253. Mr. F. McGrath asked the Minister for
Education and Science if a premises will be found
for a school (details supplied) in County
Dublin. [1032/06]
1254. Mr. F. McGrath asked the Minister for
Education and Science her views on paragraph
7.5.4 of the task force on autism regarding the
length of the pre-school day and if she will apply
this to 29 persons on waiting lists (details
supplied). [1033/06]
1255. Mr. F. McGrath asked the Minister for
Education and Science if she will grant quality
ABA services to all children with autism on the
northside of Dublin. [1034/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1251
to 1255, inclusive, together.
I am most anxious that children, including children
with autistic spectrum disorders or ASD,
receive an education appropriate to their needs.
My Department provides the following dedicated
facilities for the education of children with
autism including the area in question. Some 159
special classes for children with autism, attached
to special schools and mainstream schools, have
been created. Fifteen pre-school classes for children
with autism have been established. Five
special classes for children with Aspergers syndrome
have been established. Furthermore, my
Department sanctions home tuition grants for
children with autism for whom a home-based
ABA programme is considered appropriate or in

835 Questions— 25 January 2006. Written Answers 836
[Ms Hanafin.]
cases where such children are awaiting an appropriate
school placement.
In addition to the provision outlined above, my
Department is currently funding 11 autism specific
facilities that are operating on a pilot basis.
Some of these facilities provide an applied
behavioural analysis, ABA, model of response,
which is one of a range of models of approach to
the education of children with autism. Approval
has also been given for the establishment of a
further three such facilities.
My Department’s preferred approach to the
provision of appropriate education for all children,
including children with autism, is through
the primary and post primary school network,
whether through placement in mainstream
classes, in special classes or in special schools. My
Department would also support an eclectic
approach in regard to the education of children
with autism where a range of teaching methods
are used, for example, treatment and education of
autistic and related communication handicapped
children, TEACH, ABA, picture exchange communication
system, PECS, etc.
While the preferred approach of my Department
is to provide appropriate provision through
the recognised primary and post primary school
network, it will continue, in conjunction with the
National Council for Special Education, to consider
applications that may be received for the
establishment of futher stand alone autism facilities.
These applications will be carefully examined
and considered on a case by case basis and
account will be taken of a number of factors, such
as the availability of appropriate school based
provision in a particular area, before any
decisions are made.
With regard to the request for the facility
referred to by the Deputy, I must point out that
many of the children in question are already
enrolled in special classes for children with autism
that have been established in primary schools.
The NCSE is currently progressing the application
and my Department is liaising with it in
this regard. The matter of approval for this
facility or sourcing accommodation can only be
considered when this process has been fully
completed.
The recommendations of the task force on
autism provide an invaluable basis for the
development of educational services and supports
for persons with autism. However, in responding
to the recommendations, my Department has had
to give priority to a number of key areas before
detailed individual recommendations can be
addressed. These key areas involve the implementation
of the core legislative and structural
measures required to underpin service development
and delivery. This approach is critical to the
implementation of many of the individual recommendations
of the task force including those concerning
assessment, parental involvement, service
delivery, information dissemination, promotion
of inclusion and co-ordination between health
and education authorities.
My Department, in conjunction with the
NCSE, is continuing to prioritise the development
of the network of special educational provision
for children with autism and I believe that
the steps taken in recent years and those currently
in hand represent significant progress in
the development of those services.
The enactment of the Education for Persons
with Special Education Needs Act and the establishment
of the NCSE have provided the key to
underpin service delivery in the future.
Stay Safe Programme.
1256. Mr. Perry asked the Minister for Education
and Science the number of schools in Sligo
which run the stay safe programme; and if she
will make a statement on the matter. [1039/06]
Minister for Education and Science (Ms
Hanafin): The issue of child protection and ensuring
that all children in every primary school are
aware of child protection issues are high priority
areas for my Department.
The Stay Safe programme is a personal safety
programme for children. It is designed to give
children the knowledge and necessary skills to
help them deal with potentially abusive or threatening
situations. However, it is also recognised
that the programme must cover those individuals
closely involved with children on a daily basis,
namely parents/guardians and teachers. To this
end, professional in-service courses for teachers
and parent awareness seminars have been put in
place at individual school level. This is in addition
to the teaching of a personal safety skills programme
to pupils.
The training of teachers, parents and boards of
management in the Stay Safe programme and the
development of guidelines and procedures for a
school policy on child protection are provided by
a network of 31 regionally-based teachers who
are available to the programme on a part-time
basis. This support supplements the assistance
provided by the Department of Health and Children
which maintains an administrative office for
the Stay Safe programme.
An initial one-day in-service training seminar
on the Stay Safe programme has been provided
for all primary schools. Since the programme was
introduced, 99.7% of primary schools have participated
in this training.
The Department does not have an accurate
survey of each school in county Sligo which is
implementing the Stay Safe programme specifically.
It should be noted, however, that while the
Stay Safe programme is not mandatory, the
teaching of a personal safety programme to
ensure child protection is now an integral element
of the curricular subject of social, personal and
health education, SPHE, and is mandatory in all
primary schools. This ensures that child protec-

837 Questions— 25 January 2006. Written Answers 838
tion issues remain central to teaching and learning
in our schools.
However, in order to ensure that the most
accurate up-to-date information about the implementation
of the Stay Safe programme in all
primary schools in the State, I have instructed
officials in my Department to liaise with the relevant
personnel charged with the delivery of the
Stay Safe programme to examine whether an upto-date
survey of schools is required.
The introduction of SPHE as subject on the
revised primary school curriculum combined with
the implementation of the national child protection
guidelines, Children First, gave an additional
impetus to the Stay Safe programme.
It is a priority of my Department to ensure that
a high level of awareness and necessary skills to
address child protection issues, which includes the
implementation of the Stay Safe programme, is
maintained in all schools. For this reason, my
Department will continue to support the promotion
of child protection within the context of
the social, personal and health education
curriculum.
Physical Education Facilities.
1257. Ms O. Mitchell asked the Minister for
Education and Science the intended use for a
sports hall (details supplied) in Dublin 16; if the
site of this building is required for the new school
and her views on making the site and the building
available to the local authority to meet local
sports clubs needs. [1042/06]
Minister for Education and Science (Ms
Hanafin): The sports hall to which the Deputy
refers will be demolished on completion of the
new school building in order to provide external
hard play courts on the site.
Question No. 1258 answered with Question
No. 1232.
School Accommodation.
1259. Mr. Howlin asked the Minister for Education
and Science if her attention has been
drawn to the fact that the lowest tender available
for construction of the additional classroom
approved for a school (details supplied) in
County Wexford is \150,000; if her attention has
further been drawn to the fact that the grant of
\100,000 from her Department for the purpose of
providing this accommodation is therefore inadequate;
if the community will raise the balance of
funding required to advance this project; if her
Department will therefore increase the grant in
order that the full cost of the new classroom will
be met; and if she will make a statement on the
matter. [1078/06]
Minister for Education and Science (Ms
Hanafin): As part of the expansion of the
devolved scheme 2005 for primary school building
works a grant of \100,000 was sanctioned to
enable the management authorities of the school
in question to provide one additional permanent
classroom.
The initiative allows boards of management to
address their accommodation and building priorities
with a guaranteed amount of funding and
gives boards of management control of the building
project.
My Department does not intend increasing the
amount of the grant offered to the school. This is
because a central tenet of the devolved scheme is
that the school, granted discretion and funding,
must equally accept responsibility for prioritisation,
adherence to statutory regulations, control
of costs, and ensuring value for money.
The intention of the scheme is to provide funding
to schools to enable them to undertake
wanted building projects. The scheme is not
intended to leave schools with significant fundraising
needs but for the school to tailor the scope
of capital works commissioned to the available
funding. The decision on whether to continue
participating in the scheme or to drop out, if the
scope of build is more than the funding envelope
permits, is a matter for each school authority.
Schools Building Projects.
1260. Mr. Blaney asked the Minister for Education
and Science the position in relation to an
application for an extension by a school (details
supplied) in County Donegal; and if she will
make a statement on the matter. [1083/06]
Minister for Education and Science (Ms
Hanafin): The application has been assessed in
accordance with the published prioritisation
criteria and is being considered in the context of
the school building and modernisation programme
2006-10.
Third Level Admissions.
1261. Mr. Durkan asked the Minister for Education
and Science if a person (details supplied)
in County Dublin can be admitted to third level
education; and if she will make a statement on
the matter. [1103/06]
Minister for Education and Science (Ms
Hanafin): The admission of students to higher
education institutions level is a matter for the
individual institutions and the central applications
office.
Departmental Staff.
1262. Mr. Quinn asked the Minister for Education
and Science the number of staff in her
Department currently on leave undertaking fulltime
study paid for by her Department; the
number undertaking part-time or evening study
paid for by her Department; the subject areas
these persons are studying; the qualifications
which are expected to be achieved; her plans to
make best use of those qualifications upon com-

839 Questions— 25 January 2006. Written Answers 840
[Mr. Quinn.]
pletion of the study period; and if she will make
a statement on the matter. [1106/06]
Minister for Education and Science (Ms
Hanafin): There are currently two members of
staff on leave undertaking full-time study paid for
by my Department. The number of staff undertaking
part-time or evening study in the 2005-06
academic year that will be refunded by my
Department is 72.
My Department recognises the importance of
training and developing its staff and seeks to promote
a learning and development culture within
the organisation. Continuous learning is central
to enhanced performance. Staff are encouraged
to avail of self-learning opportunities, including
pursuit of third level qualifications in their own
time. My Department operates a refund of course
and examination fees scheme under Department
of Finance guidelines, circular 21/78, and has, to
date, been in a position to refund 100% of the
costs of course and examination fees for
approved courses.
The subject areas being studied and the qualifications
which are expected to be achieved are
shown in the attached table. Training and
development is seen as a key element of the performance
management and development system,
PMDS. Staff are supported in acquiring the skills
and competencies needed to perform to a high
standard and meet their objectives, including
career expectations.
As well as the refund of fees scheme, my
Department has a pilot scheme in place for the
advance payment of fees for post graduate studies
undertaken in the officer’s own time and of particular
relevance to the Department, for example,
a master’s degree in educational disadvantage, a
master of science in educational matters, a doctorate
in special education, or a doctorate in educational
psychology.
Under the terms of the refund of fees scheme
and the pilot scheme for advance payment of
fees, staff undertake in writing to refund the payment
in the event of leaving the public service
before completing one year’s service in respect of
each academic year or course period for which a
payment has been made.
Course Name
Cognitive Psychology
Computer Science
Contemporary Studies (Multidisciplinary)
Corporate Governance
Counselling Skills
Dana (Translation of English
Documents)
Education
Education
Education (Leadership &
Management)
Educational Psychology
Educational Psychology
French
Human Resource Management
Human Resource Management
ICT in Physical Education
Information Technology
International Relations
Irish
Irish Law
Law
Legal Studies
Office Management
Payroll Technician
People Management
Psychology
Public Management
Public Management
Public Management
Research
School Psychology
Social Science (Understanding Social
Change)
Sociology, History & Literature
Spanish
Special Education
Supervisory Management
Visual Impairment Studies
Qualification
Degree
Degree
Certificate
Doctorate
Certificate
Diploma
Doctorate
Masters
Masters
Diploma
Doctorate
Diploma
Degree
Masters
Doctorate
Diploma
Masters
Diploma
Degree
Degree
Diploma
Diploma
Certificate
Diploma
Degree
Degree
Diploma
Other
Doctorate
Doctorate
Certificate
Degree
Diploma
Doctorate
Certificate
Certificate
Department of Education and Science
Refund of Fees Scheme 2005/06
Course Name
Qualification
Business Administration
Masters Degree
Business in Management
Degree
Business Studies
Certificate
Business Studies
Degree
Business Studies
Diploma
Certified Public Accountancy
Certificate
Civil Service & State Agency Studies Certificate
Cognitive Neuropsychology
Masters Degree
Special Educational Needs.
1263. Mr. F. McGrath asked the Minister for
Education and Science the position regarding
recent changes in relation to the teaching of children
with mild learning difficulties and the new
general allocation system and if she will ensure
that all children with disabilities get proper
resource teaching hours. [1123/06]
Minister for Education and Science (Ms
Hanafin): As the Deputy is aware, a new general
allocation system has been introduced under
which all mainstream primary schools have been
provided with learning support/resource teacher,

841 Questions— 25 January 2006. Written Answers 842
LS/RT support, based on their enrolment figures,
to cater for children with high incidence special
needs such as mild general learning disability and
those with learning support needs.
My Department issued a comprehensive circular,
Sp Ed 02/05, to all primary schools last year
regarding the organisation of teaching resources
for pupils who need additional support in mainstream
primary schools. The main purpose of this
circular is to provide guidance for schools on the
deployment and organisation of the teaching
resources that were allocated under the general
allocation model. Reference is also made in this
circular to the deployment of additional teaching
resources that are allocated to schools for the
support of individual pupils with low-incidence
disabilities, such as moderate general learning
disability, for example.
It is a matter for each school to determine the
pupils with learning support and high-incidence
special education needs that will receive supplementary
teaching support. Each school will
have enough resource teaching hours to provide
its pupils with a level of support appropriate to
their needs.
The school can use its professional judgement
to decide how these hours are divided between
different children in the school, to ensure that all
their needs are met. Research shows that some
children with special needs will respond better
with one-to-one tuition. Others, however, do
better when taught in small groups. Often it is
best for resource teachers to work with children
in the classroom rather than taking them away to
a separate room, as the children then have to
catch up on work done by the rest of the class in
their absence. The point is that the type of
response needed depends on the child. There is
nothing to stop the school from allocating one-toone
resource teaching support to any pupil if they
feel that this is the best type of support to meet
their needs.
Departmental Appointments.
1264. Mr. Boyle asked the Minister for Education
and Science the number of public appointments
made by her Department or her predecessors
since 1997. [1160/06]
1265. Mr. Boyle asked the Minister for Education
and Science the number of public appointments
currently vacant and yet to be made by her
Department. [1161/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1264
and 1265 together.
There were 672 public appointments made by
me or my predecessors since 1997. At present
there are 53 public appointment vacancies due for
consideration in my Department, the majority of
which are replacements on management bodies
of State colleges.
Schools Building Projects.
1266. Mr. Boyle asked the Minister for Education
and Science the level of progress regarding
the provision of new primary school development
in Passage West, County Cork. [1178/06]
Minister for Education and Science (Ms
Hanafin): A site has been acquired for the
development of a new primary school in Passage
West, which will accommodate the amalgamated
boys and girls schools. The long-term accommodation
needs are being finalised at present and
the building project required to deliver the new
school building is being considered in the context
of the school building and modenisation programme
2006-10.
School Completion Programme.
1267. Mr. Boyle asked the Minister for Education
and Science the level of progress regarding
the provision of a new primary school development
in Rochestown, County Cork. [1179/06]
Minister for Education and Science (Ms
Hanafin): My Department acknowledges the
need for a new primary school in the Rochestown
area of Cork. A site has been reserved by the
local authority. Acquisition of the site and the
building project required to deliver a new school
building are being considered in the context of
the School Building and Modernisation Programme
2006-2010.
1268. Mr. Boyle asked the Minister for Education
and Science the level of progress regarding
the provision of a new primary school development
in Ballygarvan, County Cork. [1180/06]
Minister for Education and Science (Ms
Hanafin): The property management section of
the OPW, which acts on behalf of my Department
regarding the acquisition of sites generally,
is in the process of acquiring a suitable site to
accommodate a replacement building for the
school in Ballygarvan.
When the site acquisition is finalised, the building
project required to delivery the new school
building will be considered in the context of the
School Building and Modernisation Programme
2006-2010.
School Accommodation.
1269. Ms Enright asked the Minister for Education
and Science when a new classroom,
resource room and library will be provided for
a school (details supplied) in County Offaly to
alleviate the overcrowding situation; if her attention
has been drawn to the fact that a teacher
is accommodated in a small prefab following an
application for temporary accommodation which
was refused by her Department; and if she will
make a statement on the matter. [1189/06]

843 Questions— 25 January 2006. Written Answers 844
Minister for Education and Science (Ms
Hanafin): The school referred to by the Deputy
has made an application to my Department for
funding under the additional accommodation
scheme 2006.
All applications under that scheme are currently
being assessed by staff in the school planning
section. The list of successful applicants will
be published shortly.
School Transport.
1270. Mr. Perry asked the Minister for Education
and Science the action she will take on
behalf of a person (details supplied) in County
Leitrim; if school transport will be granted; and if
she will make a statement on the matter.
[1303/06]
Minister for Education and Science (Ms
Hanafin): My Department understands that the
pupil referred to by the Deputy in the details supplied
lives in a closed school area.
In the case of amalgamations, pupils residing in
a closed school area may be deemed eligible for
transport to the school of amalgamation only. My
Department further understands that the pupil is
not attending the amalgamated school.
In such circumstances, the pupil may be considered
for concessionary fare-paying transport to
the school being attended, subject to several conditions
including the availability of spare accommodation
on the bus. Bus Éireann has informed
my Department that there is no capacity available
on the bus.
Schools Building Projects.
1271. Mr. McGuinness asked the Minister for
Education and Science the status of an application
for funding relative to a school building
project for a school (details supplied) in County
Kilkenny; if consideration has been given to the
submission and further information made available
to Department officials by the school; if the
application will be expedited; and if she will make
a statement on the matter. [1315/06]
Minister for Education and Science (Ms
Hanafin): The school planning section of my
Department is in receipt of an application for a
new school building from the management authority
of the school to which the Deputy refers.
The application has been assessed in accordance
with the published prioritisation criteria for largescale
projects and assigned a band 2 rating. Progress
on the proposed works is being considered
in the context of the school building and modernisation
programme from 2006 onwards.
Site Acquisitions.
1272. Mr. Naughten asked the Minister for
Education and Science the steps she is taking to
acquire a site for a college (details supplied) in
County Leitrim; if she has satisfied herself regarding
the delay in completing this process; and if she
will make a statement on the matter. [1338/06]
Minister for Education and Science (Ms
Hanafin): I am pleased to advise the Deputy that
contracts for the transfer of the site for the school
in question have been signed.
For that transaction to close formally, the
agreement of the Commissioners of Charitable
Donations and Bequests is required. It is the
responsibility of the vendor to refer the transfer
contracts to the Commissioners. Accordingly,
confirmation from the vendor’s solicitor of the
agreement of the Commissioners is now awaited.
The question of the project proceeding to construction
will be considered further when the site
transfer closes.
School Accommodation.
1273. Mr. Naughten asked the Minister for
Education and Science the status of an application
with her Department from Leitrim
vocational educational committee for postprimary
education in Ballinamore; and if she will
make a statement on the matter. [1339/06]
Minister for Education and Science (Ms
Hanafin): The property management section of
the OPW, which acts on behalf of my Department
regarding site acquisitions generally, is
engaged in sourcing a site to accommodate the
new community school in Ballinamore.
When a site has been acquired, the building
project required to deliver the new community
school will be considered in the context of the
School Building and Modernisation Programme
2006-2010.
School Transport.
1274. Mr. P. Breen asked the Minister for Education
and Science further to Parliamentary
Questions Nos. 203 of 21 October 2003, 113 of 6
November 2003 and 257 of 4 February 2004, if a
bus service can be re-routed for a person (details
supplied) in County Clare owing to the change of
circumstances; and if she will make a statement
on the matter. [1342/06]
Minister for Education and Science (Ms
Hanafin): The case of the pupil referred to by the
Deputy in the details supplied has been examined
on several occasions by the medical adviser who
advises my Department on such matters.
My Department has decided that the pupil concerned
does not qualify for a home pick-up based
on the medical advice received. It is open to the
family to appeal my Department’s decision to the
independent School Transport Appeals Board.
School Curriculum.
1275. Mr. P. Breen asked the Minister for Edu-

845 Questions— 25 January 2006. Written Answers 846
cation and Science her views on whether physical
education comprises an essential part of the
school curriculum; the progress which has been
made in the application for the provision of a
sports hall for a college (details supplied) in
County Clare; when approval for the project will
be granted; and if she will make a statement on
the matter. [1363/06]
Minister for Education and Science (Ms
Hanafin): I believe that a well planned physical
education programme has a vitally important role
to play in a broad and balanced curriculum for
our primary and second level students.
At primary level, physical education is one of
the seven curriculum areas within the primary
school curriculum, which was revised in 1999. A
minimum of one hour of physical education per
week is recommended for all primary school
pupils.
At second level, while physical education is not
a mandatory subject, it should form part of the
curriculum. The programme that each school
plans and delivers should be based on my Department’s
approved syllabi, and the teaching hours
should be registered on the school timetable. The
time recommended for physical education is two
hours per week.
The phasing in of a revised syllabus at junior
cycle level for non-examination physical education
commenced in September 2003. The syllabi
at both primary and second level have been
developed on the understanding that facilities
available in schools vary. Consequently, they
offer flexibility regarding the physical activities
undertaken so that each individual school can
design a programme that can be delivered using
the resources and supports available to the
school.
The school referred to by the Deputy has made
an application for capital funding towards the
provision of a PE hall. The application has been
assessed in accordance with the published prioritisation
criteria. The project is being considered
in the context of the School Building and Modernisation
Programme 2006-2010.
1276. Mr. Quinn asked the Minister for Education
and Science the year in which syllabi for
English and music at junior and leaving certificate
level were first introduced; the years in which
each was updated; if she intends to update any of
those syllabi in the future; if so, when; and if she
will make a statement on the matter. [1413/06]
Minister for Education and Science (Ms
Hanafin): At junior certificate level, the current
syllabi for English at higher, ordinary and foundation
levels were introduced in September 1989
and first examined in June 1992. At leaving certificate
level, the current syllabi for English at
higher and ordinary levels were introduced in
September 1999 and first examined in June 2001.
The current syllabi for junior certificate music
at higher and ordinary levels were introduced in
September 1991 and first examined in June 1994.
Regarding leaving certificate music, the current
syllabi at higher and ordinary levels in were introduced
in September 1997 and first examined in
June 1999.
Full details of the current syllabi are published
on my Department’s website at www.education.ie.
The National Council for Curriculum and Assessment,
NCCA, is reviewing junior certificate syllabi
on a phased basis. Work on English and
music is well advanced.
As a next step in advancing senior cycle
reform, I have asked the NCCA to prioritise the
reconfiguration of subjects generally within the
leaving certificate to review content and learning
outcomes, embed key skills, and to provide for a
second assessment component. English will be in
the first phase of subjects to be reviewed in that
way.
Psychological Service.
1277. Ms Enright asked the Minister for Education
and Science when a meeting between the
National Educational Psychological Service and
the Health Service Executive, midlands area will
take place in regard to the needs for children in
the autism unit at a school (details supplied).
[1417/06]
Minister for Education and Science (Ms
Hanafin): I understand that an initial exploratory
meeting took place between officials from the
National Educational Psychological Service,
NEPS, of my Department and from the HSE on
20 December 2005 and that a further meeting is
planned for 8 February 2006. The purpose of
those meetings is to discuss a proposal for a
general review of the current situation in the unit
in question and to explore how the services can
best work together to respond to the needs of all
the children. The needs of individual children will
be discussed with the HSE and with the school
community in the context of that work.
School Completion Programme.
1278. Mr. McGuinness asked the Minister for
Education and Science the status of the construction
of a new school for a school (details
supplied) in County Kilkenny; if contracts have
been accepted; when construction will commence;
the timeframe for completion; and if she will
make a statement on the matter. [1435/06]
Minister for Education and Science (Ms
Hanafin): The school referred to by the Deputy
was listed among the 43 schools that I announced
in March of 2005 to start architectural planning.
The brief is for a new 16-classroom school.
Apart from the civil and structural engineer,
which my Department hopes to have appointed

847 Questions— 25 January 2006. Written Answers 848
[Ms Hanafin.]
in the near future, all other design team members
have been appointed. The architectural service
for this project is being dealt with in-house by the
school building section, and substantial works on
the early stages of the design process have
already been completed.
The school authorities wrote to my Department
in December 2005 requesting amendments
to the brief, and that is currently being examined
by my officials. When that has been completed,
my Department will be in further contact with the
school authorities as to the next step required to
advance the project.
It is not possible at this point to indicate when
the architectural planning process will be completed.
There are five stages in the process, and
the timeframe for completing those stages is contingent
on various factors, including any unexpected
issues that may arise, the period of time for
the granting of planning permission, and
obtaining a fire certificate.
Progression of projects to construction will be
considered in the context of the School Building
and Modernisation Programme 2005-2009.
School Transport.
1279. Mr. P. Breen asked the Minister for Education
and Science if a person (details supplied)
in County Clare will be facilitated with alternative
school transport; and if she will make a statement
on the matter. [1455/06]
Minister for Education and Science (Ms
Hanafin): My Department has approved a taxi
service to and from school for the pupil referred
to in the details supplied by the Deputy. My
Department has no plans to provide funding for
an alternative service.
It is open to the family to appeal my Department’s
decision to the independent School Transport
Appeals Board.
School Staffing.
1280. Mr. Blaney asked the Minister for Education
and Science the position regarding the
review of one-teacher schools with fewer than 12
pupils enrolled on 30 September 2004 with particular
reference to a school (details supplied) in
County Donegal; and if she will make a statement
on the matter. [1457/06]
Minister for Education and Science (Ms
Hanafin): The mainstream teacher allocation of
all primary schools, including one-teacher
schools, is determined by reference to the enrolment
of the school on the 30 September of the
previous school year. The staffing schedule is outlined
in a circular which is issued annually to all
primary schools. In addition, such schools may be
eligible for additional teacher or special needs
assistant allocations in accordance with the
criteria for the allocation of special needs
resource.
A detailed review of the position of oneteacher
schools with fewer than 12 pupils enrolled
on the 30 September 2004, including the school
referred to by the Deputy, is being undertaken
and will be completed as speedily as possible.
Schools Building Projects.
1281. Mr. Ring asked the Minister for Education
and Science if tenders will be invited for
the extension to a school (details supplied) in
County Mayo. [1464/06]
Minister for Education and Science (Ms
Hanafin): The building project for the school
referred to by the Deputy is at an advanced stage
of architectural planning. My Department authorised
the school, in a letter dated 12 January
2006, to prepare a stage 4 and 5 submission, preparation
of detailed design and tender documents.
Progression of projects to construction will be
considered in the context of the School Building
and Modernisation Programme 2006-2009.
Higher Education Grants.
1282. Mr. Lowry asked the Minister for Education
and Science when a higher education
course will be sanctioned by her department
(details supplied); and if she will make a statement
on the matter. [1488/06]
Minister for Education and Science (Ms
Hanafin): My Department has received correspondence
from the Incorporated Law Society of
Ireland seeking approval for the inclusion of the
winter streams of the professional practice course
1 under the higher education grant scheme for
2005-06.
The application for course approval is still currently
under active consideration within my
Department. A decision is expected shortly, and
the Incorporated Law Society of Ireland will be
notified accordingly.
Schools Building Projects.
1283. Mr. Lowry asked the Minister for Education
and Science the status and progress of a
building project (details supplied); the steps
which are required to expedite the project; the
resources which will be committed to the project
by her Department; and if she will make a statement
on the matter. [1489/06]
Minister for Education and Science (Ms
Hanafin): An application for a new PE hall at the
school to which the Deputy refers has been
assessed in accordance with the published prioritisation
criteria for large-scale building projects.
The project has been assigned a band 4 rating,
and its progress will be considered in the context

849 Questions— 25 January 2006. Written Answers 850
of the school building and modernisation programme
from 2006 onwards.
1284. Mr. Lowry asked the Minister for Education
and Science when an appeal will be
resolved and the findings issued to a school
(details supplied) in County Tipperary; and if she
will make a statement on the matter. [1490/06]
Minister for Education and Science (Ms
Hanafin): As part of the expansion of the
devolved scheme for primary school building
works, a grant was sanctioned to enable the management
authorities of the school in question to
provide additional accommodation. The initiative
allows the board of management to address its
accommodation and building priorities with a
guaranteed amount of funding and gives boards
of management control of the building project.
The intention of the small schools’ initiative is
to provide funding to schools to enable them to
undertake wanted building projects. The initiative
is not intended to leave the schools with significant
fund-raising needs but for the schools to
tailor the scope of capital works commissioned to
the available funding. The decision on whether to
continue participating in the scheme or to drop
out, if the scope of building is more than the
funding envelope permits, is a matter for each
school authority.
An appeal by the school in question was considered
by the appeals board, and it is satisfied
that, under the terms of the scheme, the school
does not warrant additional funding. The board
of management has been informed of the
position.
1285. Mr. Lowry asked the Minister for Education
and Science if her attention has been
drawn to the contents of a whole-school evaluation
report (details supplied); if consideration
will be given to providing funds to the necessary
extension in view of the report; and if she will
make a statement on the matter. [1491/06]
Minister for Education and Science (Ms
Hanafin): My Department is in receipt of an
application for capital funding towards the provision
of an extension at the school referred to by
the Deputy. I am also aware of the recent wholeschool
evaluation report which was completed on
the school.
The school’s application has been assessed in
accordance with the published prioritisation
criteria and is being considered in the context of
the School Building and Modernisation Programme
2005-2009.
School Accommodation.
1286. Mr. Curran asked the Minister for Education
and Science the arrangements she intends
to put in place to allow the new sports halls at
schools (details supplied) to be used by the local
community and local sports clubs outside of normal
school hours; and if she is in discussions with
South Dublin County Council with a view to the
local authority managing those facilities.
[1492/06]
Minister for Education and Science (Ms
Hanafin): This issue is being considered at
present, and my Department will be in contact
with the school authorities in due course.
Youth Services.
1287. Mr. Gormley asked the Minister for Education
and Science if \25,000 has been allocated
to Rathmines Information and Community
Services Centre Limited; her views on whether
that is adequate for a youth service in Rathmines;
if support will be given to this group’s applications
for special projects for youth; and if she
will make a statement on the matter. [1493/06]
Minister for Education and Science (Ms
Hanafin): The youth affairs section of my Department
received an application for funding under
my Department’s special projects for youth
scheme, on behalf of the centre referred to by the
Deputy. While it was not possible to accede to
the request for mainstreaming this project in
2005, owing to the large number of applications
received, a once-off grant was made available late
in 2005 to assist the project in its work.
In 2005, ten new projects were sanctioned and
an additional 20 upgraded from single-worker
projects to two-worker projects, under the special
projects for youth scheme. That represents considerable
and notable progress for the scheme
and the youth sector generally.
Applications for the 2006 round of grants are
currently being examined, and consideration will
be given to any renewed application from the
project, having regard to the overall financial provision
for the youth sector and the number of
applications received.
Adult Education.
1288. Mr. Stanton asked the Minister for Education
and Science the student capacity of the
new National Maritime College; the number of
personnel from the Naval Service which can be
accommodated at the college as students at any
one time; the number of students from CIT which
can be accommodated at the college at any one
time; and if she will make a statement on the
matter. [1494/06]
1289. Mr. Stanton asked the Minister for Education
and Science the number of students currently
enrolled on courses at the National Maritime
College; and if she will make a statement on
the matter. [1495/06]

851 Questions— 25 January 2006. Written Answers 852
1290. Mr. Stanton asked the Minister for Education
and Science the number of academic staff
employed by the National Maritime Collage; her
plans to increase staff numbers at the college; and
if she will make a statement on the matter.
[1496/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1288,
1289 and 1290 together.
The full-time capacity of the National Maritime
College is 750 students, including Cork Institute
of Technology and Naval Service students.
Up to 300 personnel from the Naval Service
and 450 students from Cork Institute of Technology
can be accommodated at the college at
any one time. Some of the personnel from the
Naval Service would normally be attending on a
part-time basis. Currently, 405 full-time students
and 511 part-time students are enrolled on
courses at the National Maritime College of
Ireland.
Academic staff of the National Maritime
College of Ireland are employees of Cork
Institute of Technology. Currently, there are 15
permanent whole-time staff and ten part-time
staff. In addition, some lecturing is provided from
the main Bishopstown CIT campus in subject
areas such as mathematics, engineering and physics.
Taken together, the whole-time equivalent
number of CIT posts is 25. A further 29 Naval
Service staff provide services in the college as
required.
Determining the appropriate staffing allocation
for the National Maritime College is a matter for
the Cork Institute of Technology in consultation
with the Naval Service.
Special Educational Needs.
1291. Mr. McGuinness asked the Minister for
Education and Science if the educational requirements
and supports required by a person (details
supplied) in County Kilkenny have been assessed
by her Department; if a special needs assistant
will be appointed; and if she will make a statement
on the matter. [1497/06]
Minister for Education and Science (Ms
Hanafin): The Deputy will be aware that the
National Council for Special Education, NCSE,
which was established recently, and which has
been operational since 1 January 2005, is responsible
for processing applications for special educational
needs supports.
My officials have been advised by the NCSE
that the pupil referred to by the Deputy currently
has access to a special needs assistant on a fulltime
basis.
Consultancy Contracts.
1292. Mr. Naughten asked the Minister for
Education and Science the funds spent by her
Department since June 1997 on consultants, legal
experts and external advice; the number of
reports produced under such contracts and the
number implemented to date by her Department;
the cost of such advice in 2005 and the planned
expenditure for 2006; and if she will make a statement
on the matter. [1540/06]
Minister for Education and Science (Ms
Hanafin): The information which the Deputy has
sought is being compiled and will be forwarded
to him as soon as it has been finalised.
School Accommodation.
1293. Mr. Kehoe asked the Minister for Education
and Science if she will authorise the
requested increase to the grant for an additional
classroom for a school (details supplied) in
County Wexford, taking into account the fact that
the lowest tenders are 50% in excess of what has
been approved and the way in which the school
is to meet such a large shortfall; and if she will
make a statement on the matter. [1582/06]
Minister for Education and Science (Ms
Hanafin): As part of the expansion of the
devolved 2005 scheme for primary school building
works, a grant of \100,000 was sanctioned to
enable the management authorities of the school
in question to provide one additional permanent
classroom.
The initiative allows boards of management to
address their accommodation and building priorities
with a guaranteed amount of funding and
gives boards of management control of the building
project.
My Department does not intend increasing the
amount of the grant offered to the school. This is
because a central tenet of the devolved scheme is
that the school, granted discretion and funding,
must equally accept responsibility for prioritisation,
adherence to statutory regulations, control
of costs, and ensuring value for money.
The intention of the scheme is to provide funding
to schools to enable them to undertake
wanted building projects. The scheme is not
intended to leave schools with significant fundraising
needs but for the school to tailor the scope
of capital works commissioned to the available
funding. The decision on whether to continue
participating in the scheme or to drop out, if the
scope of building is more than the funding envelope
permits, is a matter for each school authority.
School Management.
1294. Ms Shortall asked the Minister for Education
and Science the reason for the continuing
delay in the formulation of a fully representative
board of management for schools (details
supplied) in Dublin 9; if she has satisfied herself
that neither she nor her Department is respon-

853 Questions— 25 January 2006. Written Answers 854
sible for the delay; and if she will make a statement
on the matter. [1590/06]
Minister for Education and Science (Ms
Hanafin): My Department was informed late last
year of the proposed membership of the board of
management of the school concerned. Approval
for the new board has now been granted in line
with the agreed arrangements. That means that
the new board is effectively in office.
Special Educational Needs.
1295. Mr. Bruton asked the Minister for Education
and Science her policy regarding the
further development of the CABS education
system for children in the autistic spectrum
(details supplied). [1598/06]
Minister for Education and Science (Ms
Hanafin): My Department is currently funding 11
autism-specific facilities, which are operating on
a pilot basis. Some of those facilities provide an
applied behavioural analysis, ABA, model of
response, which is one of a range of models of
approach to the education of children with
autism. Approval has also been given for the
establishment of a further three such facilities.
In addition to the autism specific facilities outlined
above, my Department also provides the
following dedicated facilities for the education of
children with autism. Some 159 special classes for
children with autism, attached to special schools
and mainstream schools, have been created.
Some 15 pre-school classes for children with
autism have been established, and five special
classes for children with Asperger’s syndrome
have been created.
Furthermore, my Department may sanction
home tuition grants for children with autism for
whom a home-based ABA programme is considered
appropriate or in cases where such children
are awaiting an appropriate school
placement.
My Department’s preferred approach to the
provision of appropriate education for all children,
including children with autism, is through
the primary and post-primary school network,
whether through placement in mainstream
classes, in special classes or in special schools. My
Department would also support an eclectic
approach in regard to the education of children
with autism where a range of teaching methods
are available, for example, treatment and education
of autistic and related communicationhandicapped
children, TEACH, ABA, and picture
exchange communication system, PECS.
While the preferred approach of my Department
is to provide appropriate provision through
the recognised primary and post-primary school
network, it will continue, in conjunction with the
National Council for Special Education, to consider
applications that may be received for the
establishment of further stand-alone autism facilities.
Those applications will be carefully examined
and considered on a case-by-case basis, and
account will be taken of several factors, such as
the availability of appropriate school-based provision
in a particular area, before any decisions
are made.
On a more general point, my Department has
developed a strategy designed to meet the continuing
professional development needs of all
school personnel working with children with
special educational needs, including children with
autism. The increased training provision is
specifically designed to address the complex
range and variety of training needs in the area of
special education needs.
Specifically, since the strategy was introduced
it has produced a major expansion of the range of
post-graduate professional training programmes;
the introduction of a range of new training programmes
to provide a mix of intensive induction
training and more advanced training in specific
areas; and the establishment of the Special Education
Support Service, SESS, in September 2003.
The major increase in post-graduate training
places will further increase the number of
teachers who have already developed their skills
over previous years under the strategy. It is
important to note that the new diploma programmes
are aimed not only at providing development
and support at individual teacher level, but,
crucially, at whole-school staff level. That ensures
the optimum learning outcomes for Special Education
Needs, SEN, students.
My Department also funds the development of
an ABA training programme in Trinity College
Dublin, and it supported the participation of 12
teachers on the course in 2003-04. The successful
participants are now available as classroom
teachers and, more importantly, as a further
training resource for other teachers in this area.
Short-term induction programmes in SEN are
provided annually by several teacher training
colleges, usually two or three courses per college,
catering for up to 120 teachers.
The Special Education Support Service, SESS,
was established to manage, co-ordinate and
develop a range of supports in response to identified
training needs, including autism. Hosted in
Cork Education Support Centre, the SESS, which
is funded by my Department, has recently undergone
a significant expansion in available
resources in response to the education and
development needs of teachers and other school
staff working with students with special educational
needs.
In addition, and as indicated earlier, the
National Council for Special Education is now
operational. A specific function of the NCSE,
through its network of local special educational
needs organisers, SENOs, is to identify appropriate
educational placements for all children
with special educational needs, including children
with autism.

855 Questions— 25 January 2006. Written Answers 856
[Ms Hanafin.]
In the circumstances I am confident that the
steps that I have outlined above, and those in
hand, especially the establishment of the NCSE,
will ensure that an appropriate educational provision
can be put in place for all children with
special needs, including children with autism, in a
timely manner.
1296. Mr. Bruton asked the Minister for Education
and Science the number of educational
assessments of children with special needs that
have been carried out in the past 12 months in
respect of which the State has paid for the cost;
and if that level of service is adequate to ensure
that all children with special needs have the nature
of their learning difficulty identified at the
earliest possible opportunity. [1599/06]
Minister for Education and Science (Ms
Hanafin): I assume that when the Deputy refers
to educational assessments, he is referring to
psychological assessments and other professional
assessments undertaken by professionals who are
not employed directly by schools.
All primary and post-primary schools have
access to psychological assessments, either
directly through the National Educational
Psychological Service, NEPS, or through the
scheme for commissioning psychological assessments,
SCPA, full details of which are available
on my Department’s website.
In the school year 2003-04, NEPS psychologists
carried out a total of 5,024 assessments — not all
assessments involved full cognitive IQ assessments.
In the same school year, a total of 3,611
assessments were completed under the terms of
SCPA, administered and paid for by NEPS.
The figures for 2004-05 are not yet available,
but I am arranging for that information to be forwarded
to the Deputy as soon as it becomes
available.
Assessments by professional services that have
a bearing on education provision for children,
especially young children with special needs, are
often undertaken directly through the Health
Service Executive, HSE, or through voluntary
agencies funded by HSE. My Department does
not have the statistical data in that regard.
In common with many other psychological
services, NEPS operates a staged model of service
to schools, whereby an initial referral usually
leads to a consultation and provision of advice to
teachers and parents on appropriate teaching and
management strategies. Progress is kept under
review, and only those children who fail to
respond to these interventions will need referral
for full psychological assessment. That allows the
psychologists to offer early appointments to
young children in urgent need of support, and
early advice to teachers in respect of those children
whose needs are perhaps less pressing but
who still need additional help in school.
As the Deputy will be aware, my Department
has introduced a general allocation model of
additional resources to all primary schools for
children in the high incidence category of special
educational needs as set out in my Department’s
Circular Sp Ed 02/05. That enables an automatic
response on the part of schools to any child
deemed to be in need of additional teaching
resources, including children whose needs may
not emerge immediately. The needs of such children
are normally kept under review by the
school, and it is for the school authorities in conjunction
with the various support agencies to
make application for psychological and other
assessment to determine whether a child falls into
the category of low incidence. Subsequently, the
school authorities can make application to the
NCSE for additional resources in the case of a
child diagnosed as being within any of the lowincidence
categories of disability.
In many cases, children with special needs categorised
as being within the low incidence category
of need have already been assessed and
identified prior to enrolment in school. In that
event, application can be made immediately to
the NCSE for the provision of additional and
appropriate support for those children in school.
The system of assessment and provision is kept
under constant review by my Department, and I
am satisfied that in general the current arrangements
in that regard for children with special
needs are adequate.
School Staffing.
1297. Mr. Durkan asked the Minister for Education
and Science if extra teaching staff can or
will be allocated to a school (details supplied) in
County Kildare based on the class size and the
number of pupils attending; and if she will make
a statement on the matter. [1609/06]
Minister for Education and Science (Ms
Hanafin): The mainstream staffing of a primary
school is determined by applying the enrolment
of the school on 30 September of the previous
school year to a staffing schedule which is issued
annually to all primary schools.
The general rule is that the schedule provides
at least one classroom teacher for every 29 pupils
in the school. Of course, schools with only one or
two teachers have much lower staffing ratios than
that — with two teachers for just 12 pupils in
some cases and so on — but the general rule is
that there is at least one classroom teacher for
every 29 children in the school. Next year that is
being reduced to 28 children per classroom
teacher, and in 2007-08 it will be reduced to 27
children per classroom teacher. Officials of my
Department are currently drawing up the revised
staffing schedule necessary to achieve that.
Schools will be asked to use the extra class
teachers provided as a result of the revised sched-

857 Questions— 25 January 2006. Written Answers 858
ule to provide for smaller classes in the junior
grades.
The mainstream staffing of the school referred
to by the Deputy for the current school year is a
principal and nine mainstream class teachers,
based on an enrolment of 243 pupils at 30
September 2004. The school also has one permanent
learning support or resource post, one permanent
special class post, and the services of a
shared permanent learning support or resource
post, a shared temporary resource post and a
shared temporary language support post, all
based in the school.
According to data submitted to my Department
by the board of management, the enrolment
in the school on 30 September 2005 was 248
pupils. The staffing for the 2006-07 school year
will be determined on the basis of this figure and
in accordance with the revised staffing schedule.
Schools Building Projects.
1298. Mr. Durkan asked the Minister for Education
and Science if the process to allocate the
necessary major capital funding to facilitate
requirements at a school (details supplied) in
County Kildare will be expedited; and if she will
make a statement on the matter. [1610/06]
1305. Mr. Durkan asked the Minister for Education
and Science the position regarding extra
facilities required at a school (details supplied) in
County Kildare; and if she will make a statement
on the matter. [1617/06]
1309. Mr. Durkan asked the Minister for Education
and Science the position regarding provision
of a permanent school building at a school
(details supplied) in County Kildare; and if she
will make a statement on the matter. [1621/06]
1310. Mr. Durkan asked the Minister for Education
and Science the position regarding provision
of additional accommodation at a school
(details supplied) in County Kildare; and if she
will make a statement on the matter. [1622/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1298,
1305, 1309 and 1310 together.
I am pleased to inform the Deputy that the
schools to which he refers are included in my
recent announcement of 62 large-scale building
projects countrywide which have been approved
to advance under the school building and modernisation
programme. Those will be advanced by
way of the appointment of a design team under
my Department’s capital programme for 2006.
The building section of my Department will be
providing information to the schools concerned
shortly on how their projects will be advanced on
foot of this announcement.
Site Acquisitions.
1299. Mr. Durkan asked the Minister for Education
and Science the progress which has taken
place in the matter of clarification of site and
premises of a new school at Kill, County Kildare
(details supplied); and if she will make a statement
on the matter. [1611/06]
1388. Mr. Stagg asked the Minister for Education
and Science the progress to date in acquiring
a site for a new national school for Kill,
County Kildare; if a site has been identified in
conjunction with officials from Kildare County
Council following the meeting between the Office
of Public Works and Kildare County Council
officials; if negotiations are underway to purchase
same; and if she will make a statement on the
matter. [2397/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1299
and 1388 together.
The property management section of the
Office of Public Works, which acts on behalf of
my Department regarding site acquisitions generally,
has been requested to source a site for the
provision of a new school building for Kill
National School. Officials from that section
expect to meet with officials in Kildare County
Council shortly to discuss site options.
1300. Mr. Durkan asked the Minister for Education
and Science the progress which has taken
place in the matter of a site for a new school at
Ardclough, County Kildare; and if she will make
a statement on the matter. [1612/06]
1391. Mr. Stagg asked the Minister for Education
and Science if the contract documents for
the purchase of a site for new national school in
Ardclough, County Kildare have been signed;
and if she will make a statement on the
matter. [2400/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1300
and 1391 together.
I am pleased to advise the Deputy that a suitable
site for a new school at Ardclough, County
Kildare has been identified. The property management
section of OPW is now awaiting receipt
of the relevant contract documents.
Schools Building Projects.
1301. Mr. Durkan asked the Minister for Education
and Science the progress which has taken
place in regard to the provision of the extra facilities
required at a school (details supplied) in
County Kildare; and if she will make a statement
on the matter. [1613/06]
Minister for Education and Science (Ms
Hanafin): The building project for the school

859 Questions— 25 January 2006. Written Answers 860
[Ms Hanafin.]
referred to by the Deputy is at an early stage of
architectural planning. The school in question
was listed in my announcement of April 2005 as
a project to progress through architectural planning
up to pre-tender stage, i.e. up to and including
advanced architectural planning.
To bring this project to the required stage, my
Department’s officials have requested and
received various amendments to the stage 3 submission,
detailed plans and costs, during 2005.
Most recently, my Department’s officials wrote to
the school authorities on 21 September 2005 with
some further queries, and a response has been
received. This will be examined as soon as possible,
and my officials will then be in further contact
with the school authorities with regard to the
next steps involved in advancing the project.
Progression of projects to construction will be
considered in the context of the School Building
and Modernisation Programme 2005-2009.
1302. Mr. Durkan asked the Minister for Education
and Science when a project will be completed
and ready for occupation at a school
(details supplied) in County Kildare; and if she
will make a statement on the matter. [1614/06]
Minister for Education and Science (Ms
Hanafin): I am pleased to inform the Deputy that
the extension project at the Maynooth postprimary
school started on site in December 2005,
with a contract period of 15 months. It is expected
that the project will be completed early in 2007.
Pupil-Teacher Ratio.
1303. Mr. Durkan asked the Minister for Education
and Science her plans to improve the
pupil-teacher ratio at a school (details supplied)
in County Kildare in line with best practice elsewhere;
and if she will make a statement on the
matter. [1615/06]
Minister for Education and Science (Ms
Hanafin): The mainstream staffing of the school
referred to by the Deputy for the 2005-06 school
year is a principal and 21 mainstream class teaching
posts. That is based on an enrolment of 588
pupils at 30 September 2004. The school also has
three learning support or resource teaching posts,
two special class posts, and two temporary language
support posts.
It is open to the board of management of a
primary school to submit an appeal, under certain
criteria, to the Primary Staffing Appeals Board.
The board adjudicates on appeals on mainstream
staffing allocations in primary schools and
operates independently of the Minister and my
Department. The board’s decisions are final.
Major improvements in school staffing have
been made in recent years, with the hiring of
more than 5,000 additional primary teachers.
That represents the largest increase in teacher
numbers since the expansion of free education.
Currently there is one teacher for every 17 children,
the lowest pupil-teacher ratio in the history
of the State.
Aside from decreasing average class size, the
unprecedented increase in school staffing in
recent years has also greatly improved the
services provided for children with special needs
and those from disadvantaged areas. Under the
action plan for tackling disadvantage published
earlier this year, there will be a reduction in class
sizes to 24:1 at senior level and 20:1 at junior level
in 150 primary schools serving communities with
the highest concentrations of disadvantage. With
more than 600 extra resource teachers put in
place this term, children with special needs are
getting more support than ever before. It should
be acknowledged how much progress has been
made in this area in recent years.
There is more to be done to reduce class sizes
further. Recently I announced that I have secured
sufficient funding to provide even smaller classes
in our primary schools in the next school year,
and the Minister for Finance has committed himself
to a further reduction in class size in the following
year. Accordingly, over the next two
years, my Department will put 500 extra teachers
into our schools to reduce class size and to
tackle disadvantage.
The staffing of a primary school is determined
by reference to the enrolment of the school on 30
September of the previous school year. The
actual number of mainstream posts sanctioned is
determined by reference to a staffing schedule
which is issued annually to all primary schools.
The general rule is that the schedule provides
at least one classroom teacher for every 29 pupils
in the school. Of course, schools with only one or
two teachers have much lower staffing ratios than
that — with two teachers for just 12 pupils in
some cases and so on — but the general rule is
that there is at least one classroom teacher for
every 29 children in the school. Next year, that is
being reduced to 28 children per classroom
teacher, and in 2007-08 it will be reduced to 27
children per classroom teacher. Officials of my
Department are currently drawing up the revised
staffing schedule necessary to achieve that.
Schools will be asked to use the extra class
teachers provided as a result of the revised schedule
to provide for smaller classes in the junior
grades.
In speaking about staffing in our schools, we
have consistently said that priority would be
given in the first instance to children in
disadvantaged schools and those with special
needs. We have done that. Now, in line with the
Government commitment, mainstream class sizes
are also being reduced.
School Staffing.
1304. Mr. Durkan asked the Minister for Education
and Science when extra teaching staff will

861 Questions— 25 January 2006. Written Answers 862
be appointed having particular regard to local
demographics at a school (details supplied) in
County Kildare; and if she will make a statement
on the matter. [1616/06]
Minister for Education and Science (Ms
Hanafin): The staffing of a primary school is
determined by reference to the enrolment of the
school on 30 September of the previous school
year. The actual number of mainstream posts
sanctioned is determined by reference to a staffing
schedule which is issued annually to all
primary schools.
The general rule is that the schedule provides
at least one classroom teacher for every 29 pupils
in the school. Schools with only one or two
teachers have much lower staffing ratios than that
— with two teachers for just 12 pupils in some
cases and so on — but the general rule is that
there is at least one classroom teacher for every
29 children in the school. Next year this is being
reduced to 28 children per classroom teacher and
in 2007-08 it will be reduced to 27 children per
classroom teacher. Officials in my Department
are currently drawing up the revised staffing
schedule necessary to achieve this. Schools will
be asked to use the extra class teachers provided
as a result of the revised schedule to provide for
smaller classes in the junior grades.
With regard to the specific school referred to
by the Deputy, the enrolment in the school at 30
September 2004 was 148 pupils which warranted
a staffing of principal and five mainstream class
teaching posts for the 2005-06 school year.
However, the school was granted two extra mainstream
class teachers for the 2005-06 school year
under developing school criteria due to a projected
increased enrolment of 187 pupils on 30
September 2005. In addition, the school also has
one learning support-resource post and one temporary
resource post.
To ensure openness and transparency in the
system an independent Appeal Board is now in
place to decide on any appeals on mainstream
staffing. The criteria under which an appeal can
be made are set out in Department Primary Circular
19/02, which is also available on my Department’s
website.
Question No. 1305 answered with Question
No. 1298.
Schools Building Projects.
1306. Mr. Durkan asked the Minister for Education
and Science the position in relation to
extra facilities required at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1618/06]
1307. Mr. Durkan asked the Minister for Education
and Science the position in relation to
extra facilities required at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1619/06]
1308. Mr. Durkan asked the Minister for Education
and Science the position in relation to
extra facilities required at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1620/06]
1311. Mr. Durkan asked the Minister for Education
and Science the position in relation to the
progress by way of extension at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1623/06]
1314. Mr. Durkan asked the Minister for Education
and Science if extra facilities required at a
school (details supplied) in County Kildare will
be undertaken in the context of the school building
and modernisation programme 2006; and if
she will make a statement on the matter.
[1626/06]
1323. Mr. Durkan asked the Minister for Education
and Science when a decision will be taken
to progress an application for major capital funding
which has been assessed by her Department
regarding a school (details supplied) in County
Kildare; the progress to date in bringing this
matter to a satisfactory conclusion; and if she will
make a statement on the matter. [1635/06]
1328. Mr. Durkan asked the Minister for Education
and Science when extra facilities will be
provided at a school (details supplied) in County
Kildare; and if she will make a statement on the
matter. [1640/06]
1329. Mr. Durkan asked the Minister for Education
and Science when extra facilities will be
provided at a school (details supplied) in County
Kildare; and if she will make a statement on the
matter. [1641/06]
1330. Mr. Durkan asked the Minister for Education
and Science when extra facilities will be
provided at a school (details supplied) in County
Kildare; and if she will make a statement on the
matter. [1642/06]
1332. Mr. Durkan asked the Minister for Education
and Science the position in relation to
extra facilities required at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1644/06]
1335. Mr. Durkan asked the Minister for Education
and Science the position in relation to
extra facilities required at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1647/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1306

863 Questions— 25 January 2006. Written Answers 864
[Ms Hanafin.]
to 1308, inclusive, 1311, 1314, 1323, 1328 to 1330,
inclusive, 1332 and 1335 together.
The school planning section of my Department
has received applications for major capital funding
from the management authorities of the
schools to which the Deputy refers. The applications
have been assessed in accordance with the
published prioritisation criteria for large scale
projects. Progress on the proposed works is being
considered in the context of the school building
and modernisation programme from 2006
onwards.
Questions Nos. 1309 and 1310 answered with
Question No. 1298.
Question No. 1311 answered with Question
No. 1306.
1312. Mr. Durkan asked the Minister for Education
and Science if she has received the stage
two submission regarding the extension to a
school (details supplied) in County Kildare; when
this matter will be progressed; and if she will
make a statement on the matter. [1624/06]
Minister for Education and Science (Ms
Hanafin): The building project for the school
referred to by the Deputy is at an early stage of
architectural planning.
My Department’s officials wrote to the school
authorities in September 2005 advising them that
they should now proceed to prepare and submit
a stage 2 submission, outline sketch scheme. The
school authorities had expected to have the submission
with my Department by the end of
November 2005 but this has been revised to the
end of January 2006. As the board of management
is the client for this project, responsibility
for ensuring that this timeframe is maintained lies
with them.
Further progression of their project can be
made when the stage 2 submission is received.
1313. Mr. Durkan asked the Minister for Education
and Science if the provision of extra facilities
at schools (details supplied) in Dublin 24 is
proceeding in line with targets in respect of costs
and completion date; and if she will make a statement
on the matter. [1625/06]
Minister for Education and Science (Ms
Hanafin): The refurbishment and extension project
for the school referred to by the Deputy is
currently on site. Work commenced in October
2005 and is due to be completed in October 2006.
The project is proceeding in line with targets in
respect of costs and completion date.
Question No. 1314 answered with Question
No. 1306.
1315. Mr. Durkan asked the Minister for Education
and Science the position regarding extra
facilities at a school (details supplied) in County
Kildare; and if she will make a statement on the
matter. [1627/06]
Minister for Education and Science (Ms
Hanafin): The tender report for the proposed
extension at the school to which the Deputy
refers has recently been received by my Department
and is currently being examined. The school
will be contacted in the matter as soon as this
examination is completed.
1316. Mr. Durkan asked the Minister for Education
and Science if extension to a school
(details supplied in County Kildare is on schedule
for completion; and if she will make a statement
on the matter. [1628/06]
Minister for Education and Science (Ms
Hanafin): I am pleased to inform the Deputy that
construction work is well under way on an extension
to the school in question. The extension is
scheduled for completion in the first quarter of
2006.
1317. Mr. Durkan asked the Minister for Education
and Science the result of the examination
by her Department’s technical staff of proposed
extension of facilities at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1629/06]
Minister for Education and Science (Ms
Hanafin): I am pleased to inform the Deputy that
the tender for the work at the school in question
has been accepted and it is envisaged that construction
will commence in February 2006.
1318. Mr. Durkan asked the Minister for Education
and Science the position regarding an
extension project at a school (details supplied) in
County Kildare; and if she will make a statement
on the matter. [1630/06]
Minister for Education and Science (Ms
Hanafin): The building project for the school
referred to by the Deputy is at an early stage of
architectural planning.
Officials from my Department visited the
school in question in June of last year to carry
out a technical inspection of the existing accommodation
and to assess the needs of the pupils
attending the school.
The school authorities have embarked on a
major redevelopment programme which is currently
at a very early design stage. They are
assessing the needs into the future of the residents
with special needs on the campus and outreach
facilities and the many support services and
industries around them.
The school’s design team is currently preparing
a development control plan for the site, of which

865 Questions— 25 January 2006. Written Answers 866
this school forms part, and my Department is
awaiting its response before the project can proceed
further.
1319. Mr. Durkan asked the Minister for Education
and Science the position in relation to the
relocation of a school to extend its capacity to
1,000 pupils at a school (details supplied) in
County Kildare; and if she will make a statement
on the matter. [1631/06]
Minister for Education and Science (Ms
Hanafin): The management authority of the
school in question, County Kildare Vocational
Education Committee, is currently progressing
plans to relocate the school and extend capacity
to 1,000 pupils. A formal planning application has
been lodged with the local authority. That authority
has asked for further information, which the
committee’s consultants are now in the process
of providing.
1320. Mr. Durkan asked the Minister for Education
and Science the outcome of the projects
design teams examination of the tenders for the
provision of extra facilities at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1632/06]
Minister for Education and Science (Ms
Hanafin): I am pleased to inform the Deputy that
in May 2005 my Department gave devolved authority
for the project in question to proceed to tender
and construction. Tenders for the project
were returned in late October and the tender
report which was received in my Department in
late December is currently being examined by my
Department’s technical staff.
1321. Mr. Durkan asked the Minister for Education
and Science if works in respect of a school
(details supplied) in County Kildare will be completed
on time; and if she will make a statement
on the matter. [1633/06]
Minister for Education and Science (Ms
Hanafin): I am pleased to inform the Deputy that
construction is well under way on the extension
at the school in question. The project is scheduled
for completion in the first half of 2006.
1322. Mr. Durkan asked the Minister for Education
and Science when a decision will be taken
to progress application for extra facilities at a
school (details supplied) in County Kildare; and
if she will make a statement on the matter.
[1634/06]
Minister for Education and Science (Ms
Hanafin): My officials have requested the school
authorities to submit a revised sketch scheme as
an addendum to the original stage 2 report,
developed sketch scheme. No further progress
can be made until this is received.
Question No. 1323 answered with Question
No. 1306.
1324. Mr. Durkan asked the Minister for Education
and Science the position in relation to an
application for the provision of a new school at a
school (details supplied) in County Kildare; and
if she will make a statement on the matter.
[1636/06]
Minister for Education and Science (Ms
Hanafin): My Department’s officials wrote to the
school authorities in October 2005 giving
approval to proceed to stage 3, detailed planscosts,
of architectural planning. Pending receipt
in my Department of the stage 3 submission from
the school authorities, no further progression can
be made on this project.
Pupil-Teacher Ratio.
1325. Mr. Durkan asked the Minister for Education
and Science her plans to bring pupilteacher
ratios into line with commitments entered
into at the 2002 general election at primary and
second level throughout the country, with particular
reference to County Kildare; and if she will
make a statement on the matter. [1637/06]
Minister for Education and Science (Ms
Hanafin): Major improvements in school staffing
have been made in recent years with the hiring of
more than 5,000 additional primary teachers. This
represents the largest increase in teacher
numbers since the expansion of free education.
Today, there is one teacher for every 17 children,
the lowest pupil teacher ratio in the history
of the State.
Significant improvements have also been made
in the pupil teacher ratio at post-primary level in
recent years. The ratio has fallen from 16:1 in the
1996-97 school year to 13.4:1 in the 2004-05
school year.
Aside from decreasing average class size, the
unprecedented increase in school staffing in
recent years has also greatly improved the
services provided for children with special needs
and those from disadvantaged areas. Under the
action plan for tackling disadvantage published
earlier this year, there will be a reduction in class
sizes of 24:1 at senior level and 20:1 at junior level
in 150 primary schools serving communities with
the highest concentrations of disadvantage. With
more than 600 extra resource teachers put in
place this term, children with special needs are
getting more support than ever before. It should
be acknowledged how much progress has been
made in this area in recent years.
There is more to be done to reduce class sizes
further. Recently I announced that I have secured
sufficient funding to provide even smaller classes
in our primary schools in the next school year,
and the Minister for Finance has committed to a
further reduction in class size in the following

867 Questions— 25 January 2006. Written Answers 868
[Ms Hanafin.]
year. Accordingly, over the next two years, my
Department will put 500 extra teachers into
primary schools to reduce class size and to tackle
disadvantage. This will be done by changing the
staffing schedule. As the Deputy will be aware,
the mainstream staffing of a primary school is
determined by applying the enrolment of the
school on 30 September of the previous school
year to a staffing schedule, which is issued annually
to all primary schools.
The general rule is that the schedule provides
at least one classroom teacher for every 29 pupils
in the school. Schools with only one or two
teachers have much lower staffing ratios than that
— with two teachers for just 12 pupils in some
cases and so on — but the general rule is that
there is at least one classroom teacher for every
29 children in the school. Next year this is being
reduced to 28 children per classroom teacher and
in 2007-08 it will be reduced to 27 children per
classroom teacher. Officials of my Department
are currently drawing up the revised staffing
schedule necessary to achieve this. Schools will
be asked to use the extra class teachers provided
as a result of the revised schedule to provide for
smaller classes in the junior grades.
In speaking about staffing in our schools, we
have consistently said that priority would be
given in the first instance to children in
disadvantaged schools and those with special
needs. We have done this and now, in line with
the Government commitment, mainstream class
sizes are also being reduced.
Special Educational Needs.
1326. Mr. Durkan asked the Minister for Education
and Science when she expects to meet the
full requirement in respect of special needs
teachers and assistants in all schools throughout
the country with particular reference to speech
and language therapy requirements, remedial,
resource or other special needs; the optimum
number of positions awaiting to be filled in this
regard; and if she will make a statement on the
matter. [1638/06]
1337. Mr. Durkan asked the Minister for Education
and Science when she expects to be in a
position to meet the requirements in terms of
accommodation, staff, remedial, resource or
special needs teachers and classroom assistants in
each of the schools at primary and post-primary
level in Leixlip, Kilcock, Celbridge, Maynooth,
Naas and Clane; her plans over the course of the
next 12 months in this regard; and if she will make
a statement on the matter. [1649/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1326
and 1337 together.
My Department’s policy is to ensure the
maximum possible integration of children with
special educational needs, SEN, into ordinary
mainstream schools. Where mainstream provision
is not appropriate children can be catered for in
special schools which are dedicated to particular
disability groups. There are 107 special schools in
the country at present. These schools cater for
children from four to 18 years of age and each
school enjoys a significantly reduced pupil
teacher ratio and other staffing supports.
Additional special needs assistant, SNA, support
is provided if deemed necessary. Special schools
also receive increased rates of capitation funding.
Children with SEN can also attend special
classes attached to ordinary mainstream schools.
All special classes enjoy the same increased levels
of staffing and funding as are made available to
the special schools. Children with SEN attending
special classes attached to ordinary schools may
also, where appropriate, be integrated into ordinary
classes for periods of the school day.
A general allocation scheme has been introduced
under which mainstream primary schools
have been provided with resource teaching hours,
based on enrolment figures, to cater for children
with high incidence SEN such as dyslexia and
those with learning support needs. All schools
were notified of their general allocation for the
2005-06 school year last May.
The Deputy will be aware that the National
Council for Special Education, NCSE, through
the local special educational needs organiser,
SENO, is responsible for processing applications
from schools for special needs supports such as
resource teaching hours and SNA support for
children with low-incidence SEN, on the basis of
applications in respect of individual pupils. Once
a school has been advised of its general allocation
and the SENO has allocated hours and SNA support
if appropriate in respect of pupils with lowincidence
SEN, it is a matter for the school authority
to recruit the relevant staff.
There has been enormous progress made over
the past number of years in relation to increasing
the number of teachers in our schools who are
specifically dedicated to providing education for
children with SEN. At primary level there are
now approximately 5,000 teachers in our primary
schools working directly with children with
special needs, including those requiring learning
support. This compares to under 1,500 in 1998.
Indeed, one out of every five primary school
teachers is now working specifically with children
with special needs.
At second level approximately 1,637 whole
time equivalent additional teachers are in place
to support pupils with special educational needs.
This compares to the approximately 200 teachers
that were in place in 1998 for such pupils. In
addition, there are 532 whole time equivalent
learning support teachers in our second level
schools.
The precise model of provision made available
at second level will depend on the assessed needs

869 Questions— 25 January 2006. Written Answers 870
of the pupils involved. Some pupils are capable
of attending ordinary classes on an integrated
basis with additional teacher and-or SNA support.
In other cases, placement in special dedicated
classes or units attached to the school may
be the more appropriate response. Such special
classes operate at significantly reduced pupil
teacher ratios. Pupils attached to these special
classes may be facilitated in attending ordinary
subject classes on an integrated basis wherever
possible.
Enormous progress has also been made in
relation to increasing the number of SNAs in our
schools who specifically cater for the care needs
of children with special educational needs. There
are over 7,200 whole time equivalent SNAs in
primary and second level schools supporting children
with special needs.
With regard to accommodation requirements
in the areas referred to by the Deputy, I am
aware that the areas, like many areas located
within close proximity to Dublin, continue to
experience population growth, a position that
almost inevitably places some strain on existing
educational provision. I am pleased to inform the
Deputy that a range of significant measures has
been undertaken by my Department to address
the current and future need for pupil places in the
areas in question. While the information sought is
not readily available in the format requested by
the Deputy, the following is an outline of the
measures undertaken by my Department to
ensure that there are adequate places available in
these areas to meet demand.
As the Deputy will be aware, following widespread
local consultation, my Department
recently published an area development plan for
the N4-M4 corridor. This plan outlines my
Department’s long-term educational strategy at
both primary and post-primary level for this area
which includes Leixlip, Kilcock, Celbridge,
Maynooth and Clane. Implementation of the
recommendations in the plan is being considered
in the context of the school building and modernisation
programme from 2006 onwards subject to
the prioritisation criteria for large scale building
projects.
All of these initiatives represent huge capital
investment and demonstrate my commitment to
meeting the needs of the areas concerned. The
school planning section of my Department will
keep the position under review going forward to
ensure that any additional emerging needs are
met as expeditiously as possible.
I can confirm that I will continue to prioritise
the issue of special needs education and, in cooperation
with the National Council for Special
Education and the education partners, ensure
that all children with special needs are adequately
resourced to enable them to meet their full
potential.
I wish to advise the Deputy that responsibility
for the provision of therapy services rests with the
Health Service Executive.
Schools Building Projects.
1327. Mr. Durkan asked the Minister for Education
and Science the degree to which school
places and facilities at primary and second level
exist in Clane, County Kildare to meet requirements;
the degree to which current or proposed
facilities exist to fulfil this need at present and
for the foreseeable future; and if she will make a
statement on the matter. [1639/06]
Minister for Education and Science (Ms
Hanafin): Applications for major capital funding
have been received from two schools in the Clane
area. As part of the assessment of these applications
consideration has been given to the longterm
demand for pupil places in the area to
ensure that any extra provision being made would
meet its needs well into the future. Progress on
individual projects will be considered in the context
of the school building and modernisation
programme from 2006 onwards subject to the
prioritisation criteria for large scale building
projects.
Questions Nos. 1328 to 1330, inclusive,
answered with Question No. 1306.
Schools Refurbishment.
1331. Mr. Durkan asked the Minister for Education
and Science when roof repairs will be completed
at a school (details supplied) in County
Kildare; and if she will make a statement on the
matter. [1643/06]
Minister for Education and Science (Ms
Hanafin): Roof repairs carried out under the
summer works scheme 2004 were completed in
October 2004 and grant aid has been paid in full.
Question No. 1332 answered with Question
No. 1306.
Schools Building Projects.
1333. Mr. Durkan asked the Minister for Education
and Science the position in relation to
extra facilities required at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1645/06]
Minister for Education and Science (Ms
Hanafin): The school planning section of my
Department have received an application for
major capital funding from the management
authorities of the school to which the Deputy
refers. The application has been assessed in
accordance with the published prioritisation
criteria for large scale projects. Progress on the
proposed works is being considered in the context

871 Questions— 25 January 2006. Written Answers 872
[Ms Hanafin.]
of the school building and modernisation programme
from 2006 onwards.
1334. Mr. Durkan asked the Minister for Education
and Science the position in relation to
extra facilities required at a school (details
supplied) in County Kildare; and if she will make
a statement on the matter. [1646/06]
Minister for Education and Science (Ms
Hanafin): As part of the expansion of the
devolved scheme for primary school building
works, a grant was sanctioned to enable the management
authorities of the school in question to
provide additional permanent accommodation.
The initiative allows boards of management to
address their accommodation and building priorities
with a guaranteed amount of funding and
gives boards of management control of the building
project.
I understand that the board of management has
received planning permission and expects that the
project will be on site by March 2006. My Department
has no request for any further facilities for
this school.
Question No. 1335 answered with Question
No. 1306.
Special Educational Needs.
1336. Mr. Durkan asked the Minister for Education
and Science when a decision will be made
by the National Council for Special Education in
respect of an application by a project (details
supplied) in County Kildare through her Department
for resources and staffing for the double
autism unit; the position in this regard; if the
matter can be prioritised in view of the fact that
this unit was completed and ready for occupation
in 2004 and is still vacant; and if she will make a
statement on the matter. [1648/06]
Minister for Education and Science (Ms
Hanafin): My officials wrote to the school in
question on 21 December 2005 outlining the supports
available from my Department to facilitate
the operation of the autistic unit at the school. A
response is awaited.
I would add that my Department is anxious
that this purpose built facility for children with
autism would become operational as soon as
possible.
Question No. 1337 answered with Question
No. 1326.
Schools Building Projects.
1338. Mr. Durkan asked the Minister for Education
and Science when she expects the quality
and extent of school buildings will be brought up
to the required standard in terms of extra space
and facilities at both primary and second level;
and if she will make a statement on the
matter. [1650/06]
Minister for Education and Science (Ms
Hanafin): This Government has invested in the
largest school building programme in the history
of the State. Between 1998 and the end of 2004,
almost \2 billion was invested in school buildings
and in the region of 7,500 large and small projects
were completed in schools, including 130 brand
new schools and 510 large scale refurbishmentsextensions.
Indeed, funding for school building
and renovation projects has increased five-fold
since 1997. In 2006, \491 million will be spent on
school building projects, compared to just \92
million in 1997. This, in its own right, is an
increase of over 9% in real terms on the 2005
allocation.
As the Deputy will be aware, at the end of last
year I outlined my spending plans for plans for
primary and post primary schools for 2006. With
\491 million to be spent on school buildings,
there will be over 1,300 projects active in schools
all over the country. This significant investment
will allow me to continue to progress our major
programme of school building and modernisation
which includes improving equipment needed for
new technologies and ICT. I have already started
to outline individual schools around the country
that will benefit under the various parts of the
programme throughout the year with the
announcement of 62 schools that have been given
the go ahead to start architectural planning. I will
be announcing details of the other aspects of the
programme as we move through the year.
Principal features of the 2006 building and
modernisation programme include \277 million
targeted at primary schools and \204 million in
the post-primary sector; almost 200 major school
building projects at construction during 2006; 105
primary school projects and 62 post-primary projects
advancing in architectural design; and
further use of fast-track design solutions for
primary schools. It is expected that up to 12
primary schools will be built using a standardised
design model or a design and build process. The
first school built under this model opened in Balgaddy,
Lucan in September 2005, having taken
just ten months to build and up to 200 primary
schools will receive approval for devolved funding
under the small school and permanent accommodation
initiatives during the coming year. This
is in addition to the 153 schools that will have
projects at construction during 2006 under these
initiatives.
Small school and permanent accommodation
initiatives, which were piloted over the last two
years, will become a permanent feature of the
building programme. This will enable schools to
get works done faster by allowing them to run the
projects themselves; and announcement of the
successful applicants under the summer works
scheme, which allows schools undertake projects

873 Questions— 25 January 2006. Written Answers 874
such as roof repairs, window replacement, electrical
and mechanical upgrades during the summer
months.
I can assure the Deputy that the Government
is fully committed to continuing the work that it
has started and to consolidating the substantial
progress that has already been made to ensure
that the needs of schools throughout the country
are met over time.
School Transport.
1339. Mr. O’Dowd asked the Minister for Education
and Science if a school bus pass will be
issued to two students attending a school (details
supplied) in County Louth; and if she will make
a statement on the matter. [1657/06]
Minister for Education and Science (Ms
Hanafin): A report in relation to the case referred
to by the Deputy in the details supplied has been
requested from the transport liaison officer for
County Louth. The family will be advised of the
position when the necessary report has been
received and assessed.
Schools Building Projects.
1340. Mr. Carey asked the Minister for Education
and Science the progress which has been
made within her Department regarding the provision
of a permanent building for a school
(details supplied) in Dublin 9; if further discussions
are required regarding the extent of the
site and the height of the proposed building; if
clarification is awaited from either the board of
management of the school or from a group
regarding these or other matters; and if she will
make a statement on the matter. [1667/06]
Minister for Education and Science (Ms
Hanafin): The school referred to by the Deputy
has made an application for a new school building.
As part of the assessment of this application,
officials in the school planning section are carrying
out an overall review of all-Irish provision at
primary level in the area concerned.
This review will take into account current and
future demographics, planned housing developments
and the likely demand for all-Irish
primary education in the area into the future. It
will also take account of the most cost effective
manner in which this can be delivered.
The outcome of this review, which will be
carried out as quickly as possible, will inform a
decision on the school’s application for capital
grant aid.
School Transport.
1341. Mr. Lowry asked the Minister for Education
and Science if her attention has been
drawn to the contents of a report (details
supplied) when a decision will be taken regarding
same; the reason for the delays in making a
decision; and if she will make a statement on the
matter. [1668/06]
Minister for Education and Science (Ms
Hanafin): Bus Éireann, which administers the
school transport scheme locally on behalf of my
Department, is responsible for the day to day
operation of school bus services. Routes are
determined on the basis of numbers of eligible
pupils in particular areas, road networks, distance
guidelines and other operational factors.
As a rule, primary school transport routes are
planned so that, as far as possible, no eligible
child will have more than 2.4 km to travel to a
pick-up point. Pupils living off the main route of
a service are generally expected to make their
own way or to be brought to convenient pick-up
points along the main route. Home pick-ups were
never envisaged as being part of the school transport
scheme.
The families residing in the area referred to by
the Deputy in the details supplied are being
accommodated within guidelines. My Department
is not prepared to approve an extension of
a service where it is satisfied that children have a
level of service within the school transport guidelines.
However, parents of eligible children may,
where feasible and subject to certain conditions,
pay for an extension to an existing transport
route. Accordingly, the parents in this case,
should they so wish, may consult with the local
Bus Éireann office regarding arrangements for a
payable extension. I should point out that my
Department referred back to Bus Éireann for
some additional information with regard to its
initial report. This was necessary in order to fully
consider the case and reach a definitive decision.
Pension Provisions.
1342. Mr. Gregory asked the Minister for Education
and Science if a company, details supplied,
has been requested by her Department to participate
in the public service transfer network; its
response to same; and if she will make a statement
on the matter. [1669/06]
Minister for Education and Science (Ms
Hanafin): The public sector transfer network is
managed by my colleague, the Minister for Finance.
Membership of the network incurs obligations
and costs and is voluntary. I understand
that the company referred to by the Deputy is not
a member of the network and has notified the
Department of Finance that it does not wish to
join the network.
1343. Mr. Gregory asked the Minister for Education
and Science if a mechanism can be found
whereby credit will be given regarding service for
pension purposes to persons who are now
teachers for years that they were employed in a
company, details supplied, a semi-State body as
is the practice currently for persons in the public

875 Questions— 25 January 2006. Written Answers 876
[Mr. Gregory.]
service who previously worked in a range of semi-
State bodies and particularly given the small
number of teachers involved; and if she will make
a statement on the matter. [1670/06]
Minister for Education and Science (Ms
Hanafin): I am aware that a number of members
of staff of vocational education committees and
institutes of technology have formerly worked in
the company referred to by the Deputy and wish
to have service given with the company aggregated
for superannuation purposes with their
service with their current employer.
The position is that service given in one public
sector body may be transferred to another public
sector body, such as a vocational education committee
or an institute of technology, where both
the transferring body and the receiving body are
in membership of the public sector transfer network.
The network is managed by the Department
of Finance and has been in existence since
the late 1970s. Membership of the network is voluntary
and since membership incurs obligations
and costs, it is a matter for each public sector
organisation to decide whether it wishes to join.
Although vocational education committees and
institutes of technology are members of the network,
the Department of Finance has confirmed
that the company referred to by the Deputy has
decided not to join the network. There is no provision
for a transfer of service between network
members and a public sector body which is outside
the network. I am informed, however, that
this general question is currently being examined
in the context of the recent draft EU portability
of pensions directive.
School Transport.
1344. Mr. N. O’Keeffe asked the Minister for
Education and Science the reason for the delay
in having school bus transport provided for a first
year student (details supplied) in County
Cork. [1689/06]
Minister for Education and Science (Ms
Hanafin): Under the terms of my Department’s
post primary school transport scheme, a pupil is
eligible for school transport if he or she resides
4.8 km — 3 miles — or more from the post
primary centre in the catchment area in which he
or she resides.
The scheme is not designed to facilitate parents
who choose to send their children to a post
primary centre outside of the catchment area in
which they reside. However, children who are
fully eligible for transport to the post primary
centre in the catchment area in which they reside
may apply for transport on a concessionary basis
to a post primary centre outside of their own
catchment area — otherwise known as catchment
boundary transport. These children can only be
facilitated if spare seats are available on the bus
after all other eligible children travelling to their
“own” post primary centre have been catered for.
Such children will have to make their way either
to the catchment boundary or to the nearest pick
up point within that catchment area.
My Department understands from the transport
liaison officer for County Cork that the
student referred to by the Deputy in the details
supplied has applied for catchment boundary
transport. My Department also understands that
there are not enough space seats available on the
transport service or services to accommodate the
child. However, as the position with regard to
spare seats may change from term to term, the
pupil should contact the local Bus Éireann office
each term for an update in this regard.
Special Educational Needs.
1345. Ms Enright asked the Minister for Education
and Science the situation of a six year old
child who only has 12.5 special needs assistances
and limited resources; if a full-time special needs
assistant will be granted to them; and if she will
make a statement on the matter. [1711/06]
Minister for Education and Science (Ms
Hanafin): The Deputy will be aware that the
National Council for Special Education, NCSE,
which was established recently and has been
operational since 1 January 2005, is responsible
for processing applications for special educational
needs supports.
My officials have been advised by the NCSE
that the pupil referred to by the Deputy is currently
receiving full-time access to a special needs
assistant on a shared basis. The NCSE has also
confirmed that an application was made for
resource teaching support on 7 October 2005 and
the pupil was granted an additional two hours.
This brings the total resource teaching support
that the pupil is receiving to five hours per week.
If it is the case that the school authorities wish
to discuss issues relating to the pupil’s special
educational needs, it should make contact with its
local special educational needs organiser, SENO.
Schools have been notified by the NCSE of the
contact details for the SENO attached to each
school.
Institutes of Technology.
1346. Mr. Kenny asked the Minister for Education
and Science if her attention has been
drawn to concerns regarding the functionality of
the management information system installed in
all institutes of technology with regard to student
services and specifically with regard to examination
results; if she has received complaints
regarding the system functionality; and if she will
make a statement on the matter. [1722/06]
Minister for Education and Science (Ms
Hanafin): My attention has not been drawn to

877 Questions— 25 January 2006. Written Answers 878
concerns regarding the functionality of the management
information system, MIS, installed in all
institutes of technology with regard to student
services and specifically with regard to examination
results.
The MIS system comprises four integrated
elements: student registration; financial; payrollhuman
resource and library. The system tracks all
student records, including registration, courses,
link modules and examination performance. The
financial system provides for individual budget
responsibility within the institutes and it produces
annual accounts. The payroll-human resource
system links with the student system to facilitate
time-tabling. The library system tracks all movements
of materials and also facilitates on-line
access to journals and articles by students and
staff.
The project involved some 59 installations of
hardware and software across the institutions and
all installations have been completed. Given that
there was a phased implementation of the system,
some institutes are more advanced than others in
the operation of its constituent elements. Where
individual institutes have queries about any
aspects of the operation of the system, a helpdesk
facility is available. I understand also that
institutes share operational information to maximise
the benefits from the system.
The institutes have informed my Department
that the MIS has proved to be a critical and decisive
element in the modernisation and transformation
of the management and operation of the
institutes of technology and that it has already
produced major benefits for students and
colleges.
School Accommodation.
1347. Ms O. Mitchell asked the Minister for
Education and Science if and when a decision will
be made on a request to enter into a temporary
letting agreement for the lands required for a
school (details supplied) in Dublin 16. [1726/06]
Minister for Education and Science (Ms
Hanafin): A request to enter into a temporary letting
agreement for the lands to which the Deputy
refers is under consideration in my Department.
However, there is an issue surrounding title to the
lands in question and my Department would have
to be satisfied that this has been resolved before
approval could be given for a letting agreement.
School Transport.
1348. Mr. Ring asked the Minister for Education
and Science if a school transport route will
be reviewed for persons (details supplied) in
County Mayo. [1727/06]
Minister for Education and Science (Ms
Hanafin): Under the post primary school transport
scheme, post primary routes are in general
planned so that no eligible pupil will have more
than 3.2 km — 2 miles — to travel to a pick up
point. On the basis of information outlined by the
Deputy in the details supplied, my Department
understands that the families concerned reside
less than 3.2 km — 2 miles — from the present
pick up points. This arrangement is within the
school transport scheme guidelines.
Educational Disadvantage.
1349. Cecilia Keaveney asked the Minister for
Education and Science the position with regard
to an application for a school (details supplied) in
County Donegal; and if she will make a statement
on the matter. [1728/06]
Minister for Education and Science (Ms
Hanafin): A key element of DEIS, Delivering
Equality of Opportunity in Schools, the new
action plan for educational Inclusion is the putting
in place of a standardised system for identifying
levels of disadvantage in our primary and
second level schools for the purposes of qualifying
for resources, both human and financial,
according to the degree of disadvantage experienced.
This standardised system will replace all
of the existing arrangements for targeting schools
for participation in initiatives to address disadvantage.
The identification process is currently
being finalised and we anticipate being in a position
to issue an invitation to selected schools to
participate in the new school support programme
shortly.
Language Exemptions.
1350. Mr. Kenny asked the Minister for Education
and Science the number of students within
the education system exempted from the study of
English; the number of such students exempted
on the basis of psychological assessment; and if
she will make a statement on the matter.
[1730/06]
Minister for Education and Science (Ms
Hanafin): There is no provision for exemption
from the study of English. My Department is not
aware of any demand for exemptions from the
study of English.
1351. Mr. Kenny asked the Minister for Education
and Science the number of students within
the education system exempted from the study of
Irish; the number of such students exempted on
the basis of psychological assessment; and if she
will make a statement on the matter. [1731/06]
Minister for Education and Science (Ms
Hanafin): In the period October 1998 to
December 2005, the number of exemptions
granted from the study of Irish at primary level
was 10,117. Of these, 83% were granted to pupils
who had assessed learning difficulties. In the
school year 2004-05, there were 19,327 post

879 Questions— 25 January 2006. Written Answers 880
[Ms Hanafin.]
primary students with an exemption from the
study of Irish. Of these, there were 8,142 post
primary students with an exemption based on
assessed learning difficulties. The scheme for
exemptions from the study of Irish is currently
under review by my Department. Any new
arrangements arising from the review will be notified
to schools by way of circular letter.
Physical Education Facilities.
1352. Ms Cooper-Flynn asked the Minister for
Education and Science the position regarding the
application for a physical education hall at a
school (details supplied) in County Mayo; if the
project is listed under the current school building
programme; and the priority same has been
given. [1753/06]
Minister for Education and Science (Ms
Hanafin): The PE hall project at the school to
which the Deputy refers has been assessed in
accordance with the published prioritisation
criteria and is being considered in the context of
the school building and modernisation programme
2006-2010.
School Accommodation.
1353. Mr. Deenihan asked the Minister for
Education and Science if a technical inspection of
both existing primary school sites and buildings
has being undertaken by her Department at Lixnaw,
County Kerry to establish if either building
will be suitable as a host for an amalgamated
school; and if she will make a statement on the
matter. [1781/06]
Minister for Education and Science (Ms
Hanafin): The technical inspection at the schools
referred to by the Deputy has not yet been
carried out. Officials in the school planning
section of my Department will be in contact with
the school authority to arrange a date as soon as
this is feasible.
1354. Ms O. Mitchell asked the Minister for
Education and Science the funding under the
school building programme 2006 for a school
(details supplied) in Dublin 16; and if she will
make a statement on the matter. [1786/06]
Minister for Education and Science (Ms
Hanafin): I can confirm to the Deputy that the
school to which she refers has made an application
to my Department under the scheme for
additional classroom accommodation 2006. All
applications under this scheme are currently
being assessed and I expect to publish the list of
successful applicants shortly.
1355. Mr. Ring asked the Minister for Education
and Science when capital funding will be
available for additional accommodation at a
primary school, details supplied, in County Mayo;
the position regarding this application; if the
school’s long-term accommodation needs have
been examined; if this school will be approved
funding in the school building and modernisation
programme 2005-2009; and when they expect to
receive approval for same. [1799/06]
Minister for Education and Science (Ms
Hanafin): The school referred to by the Deputy
has made an application for capital funding
towards the provision of additional classroom and
ancillary accommodation. The overall accommodation
needs of the school are being examined in
my Department in order to ensure that any capital
funding being provided is appropriate to meet
the school’s long-term accommodation needs.
When a decision is made on the appropriate level
of accommodation to be provided, the application
will be considered in the context of the School
Building and Modernisation Programme 2006-
2010.
Departmental Funding.
1356. Mr. Hayes asked the Minister for Education
and Science if funding will be provided to
a group (details supplied) in County
Tipperary. [1801/06]
Minister for Education and Science (Ms
Hanafin): All applications received under the relevant
scheme, amounting to several hundred, are
under consideration at present in my Department,
including that from the group in question.
Responses will be issued within a month.
Departmental Staff.
1357. Mr. P. McGrath asked the Minister for
Education and Science the amount of money collected
by her Department by way of superannuation
payments by employees in 2003, 2004 and
2005; and where applicable, the amount paid into
the social insurance fund by those employees in
each of these years; and if she will make a statement
on the matter. [1817/06]
Minister for Education and Science (Ms
Hanafin): The information which the Deputy has
sought is not readily available. My Department is
collating information and contacting bodies under
its aegis and will forward the information sought
to the Deputy as soon as it becomes available.
Capitation Grants.
1358. Mr. P. McGrath asked the Minister for
Education and Science if her attention has been
drawn to the delays in students receiving their
maintenance grants from third level colleges; and
if she will make a statement on the matter.
[1841/06]

881 Questions— 25 January 2006. Written Answers 882
Minister for Education and Science (Ms
Hanafin): My Department funds three meanstested
maintenance grant schemes for third level
education students in respect of attendance on
approved courses in approved third level institutions
and one maintenance grant scheme in
respect of students attending approved post leaving
certificate, PLC, courses in approved PLC
centres. These schemes are the higher education
grants scheme, the vocational education committees’
scholarship scheme, the third level maintenance
grants scheme for trainees and the maintenance
grant scheme for students attending post
leaving certificate courses.
The process of assessing eligibility for third
level or further education grants is a matter for
the relevant local authority or vocational educational
committee. As the Deputy is aware, the
candidate in question has received his grant
payment.
School Accommodation.
1359. Mr. P. McGrath asked the Minister for
Education and Science the position regarding the
building project of a school (details supplied) in
County Westmeath; when this project will gain
approval to move to the next stage of the school
building programme. [1842/06]
Minister for Education and Science (Ms
Hanafin): As part of the expansion of the
devolved scheme for primary school building
works, a grant of \350,000 was sanctioned to
enable the management authorities of the school
in question to provide additional accommodation.
The initiative allows boards of management to
address their accommodation and building priorities
with a guaranteed amount of funding and
gives boards of management control of the building
project.
The intention of the scheme is to provide funding
to schools to enable them to undertake
wanted building projects. The scheme is not
intended to leave schools with significant fundraising
needs but for the school to tailor the scope
of capital works commissioned to the available
funding. The decision on whether to continue
participating in the scheme or to drop out, if the
scope of build is more than the funding envelope
permits, is a matter for each school authority. The
project is currently on site and 70% of the grant
has been paid to the school. an appeal for
additional funding by the school in question was
considered by the appeals board and they are
satisfied that, under the terms of the scheme, the
school does not warrant additional funding. The
board has been informed of the position.
Schools Building Projects.
1360. Mr. P. McGrath asked the Minister for
Education and Science the position regarding the
building project of a school (details supplied) in
County Westmeath; when this project will gain
approval to move to the next stage of the school
building programme. [1843/06]
Minister for Education and Science (Ms
Hanafin): As part of the expansion of the
devolved scheme for primary school building
works, a grant of \345,000 was sanctioned to
enable the management authorities of the school
in question to provide additional accommodation.
The initiative allows boards of management to
address their accommodation and building priorities
with a guaranteed amount of funding and
gives boards of management control of the building
project. I understand that the building project
at this school commenced on site over the
Christmas period. My Department’s school building
section expects to be in a position to pay the
initial portion of the grant in the coming weeks.
1361. Mr. P. McGrath asked the Minister for
Education and Science the position regarding the
building project of a school (details supplied) in
County Westmeath; when this project will gain
approval to move to the next stage of the school
building programme. [1844/06]
Minister for Education and Science (Ms
Hanafin): As part of the expansion of the
devolved scheme for primary school building
works, a grant of \345,000 was sanctioned to
enable the management authorities of the school
in question to provide additional accommodation.
The initiative allows boards of management to
address their accommodation and building priorities
with a guaranteed amount of funding and
gives boards of management control of the building
project. I understand that the school Board of
Management has applied for planning permission
and are awaiting a decision from the planning
authority.
1362. Mr. P. McGrath asked the Minister for
Education and Science the position regarding the
building project of a school (details supplied) in
County Westmeath; when this project will gain
approval to move to the next stage of the school
building programme. [1845/06]
Minister for Education and Science (Ms
Hanafin): The project referred to by the Deputy
was included on the 2005 school building and
modernisation programme to go to tender and
construction. The stage 3 documentation —
detailed design — was recently examined by the
Department’s technical staff, however, further
clarification with regard to aspects of the stage
three has been requested and my Department is
currently awaiting same. Once the stage three is
approved, my Department will devolve authority
to the school in question to proceed to planning
permission, tender and construction.
School Accommodation.
1363. Mr. P. McGrath asked the Minister for

883 Questions— 25 January 2006. Written Answers 884
[Mr. P. McGrath.]
Education and Science if, noting the major difficulty
with school places for primary schools that
existed in Mullingar in 2005, remedial action has
been taken to ease the situation in 2006; and if
she will make a statement on the matter.
[1846/06]
Minister for Education and Science (Ms
Hanafin): In 2005, the perceived shortage of
primary school places in schools in Mullingar
attracted media attention. However, subsequently,
there was no indication to my Department
that pupils had difficulties in gaining places
in September of that year.
Nevertheless, my Department accepts that
Mullingar is a developing town and it is taking
steps to ensure that its future needs are met in
a timely fashion. Under the 2005 school building
programme, a number of large-scale building projects
were progressed. This involved a combination
of extensions, refurbishments and the provision
of new school buildings. These projects will
be considered for further progression under the
2006 capital programme in the context of the
prioritisation criteria for large-scale building projects.
In addition, an in-depth examination of
primary and post-primary infrastructural provision
in Mullingar is being carried out in the
school planning section of my Department. The
findings of this examination will inform the extent
and nature of any extra provision to be made.
Special Educational Needs.
1364. Mr. Ring asked the Minister for Education
and Science if one-to-one tuition will be
restored to a person (details supplied) in County
Mayo. [1884/06]
Minister for Education and Science (Ms
Hanafin): I take it that the Deputy is referring
to special needs assistant support for the pupil in
question. I understand from the NCSE that the
pupil is currently in receipt of full-time special
need assistant, SNA, support and that this level
of support has not been reduced. I also wish to
confirm that the school has indicated to the local
special educational needs organiser, SENO, that
further professional documentation in respect of
this pupil will be available shortly. The pupil’s
needs will be considered further by the SENO as
soon as this documentation has been examined.
My Department will be in contact with the school
as soon as this process has been completed.
School Transport.
1365. Mr. Collins asked the Minister for Education
and Science if her attention has been
drawn to the fact that there is a school bus travelling
to a school (details supplied) in County
Limerick on a daily basis with approximately five
children travelling on same and that a number of
families are anxious to be accommodated on this
bus to another school; and if these children will
be accommodated with travel facilities. [1895/06]
Minister for Education and Science (Ms
Hanafin): The family referred to in the details
supplied by the Deputy should apply, in the first
instance, for school transport to the transport liaison
officer for County Limerick. The Deputy can
be assured that the case will be given every consideration
at that stage.
Bullying in the Workplace.
1366. Mr. Timmins asked the Minister for Education
and Science the policy to deal with bullying
in her Department; if same has been circulated to
all employees; if there are outstanding law cases
regarding the issue by employees; if cases were
dealt with or settled since 1 January 2000, and if
so, the number of same; if her Department has
legislation dealing with the issue of bullying or
plans to introduce such legislation; and if she will
make a statement on the matter. [1913/06]
Minister for Education and Science (Ms
Hanafin): My Department is committed under its
human resources strategy to ensuring a positive
working environment for all staff and to enable
each person to work with dignity and respect, free
from bullying, harassment or sexual harassment.
Such complaints are dealt with in accordance with
the procedures agreed with staff representative
bodies, outlined in a Positive Working Environment
— an Anti Harassment, Sexual Harassment
and Bullying Policy for the Civil Service.
Since 2000, the above procedures have been
invoked in respect of some five complaints from
staff in my Department.
This aforementioned document was recently
revised to take account of legislative developments
and experience gained in the operation
of the policy since its original introduction in
2000. Staff in my Department were notified of the
introduction of a revised policy with effect from 1
September 2005 and provided with an electronic
copy. Staff upon appointment to my Department
are also provided with a copy. The document may
also be accessed on my Department’s intranet.
The introduction of legislation to deal with bullying
is not a matter for my Department.
Departmental Staff.
1367. Mr. Timmins asked the Minister for Education
and Science the bonuses that were paid to
her staff for the year ending 31 December 2005;
the amount of money that was paid; the way in
which this was calculated; and if she will make a
statement on the matter. [1928/06]
Minister for Education and Science (Ms
Hanafin): My Department operates two bonus or
merit schemes for all staff — a performancerelated
awards scheme for posts at the level of
assistant secretaries general and an employee
recognition awards scheme, Aitheantas, that

885 Questions— 25 January 2006. Written Answers 886
recognises exceptional performance for all other
grades up to and including principal officer and
equivalent in the Department.
Civil Service posts at the levels of assistant secretary
and deputy secretary are covered by a
scheme of performance-related awards, which
was introduced in 2002. The operation of the
scheme is overseen by the committee for performance
awards. The funding for awards is
based on 10% of the payroll for the posts covered
by the scheme. Within this overall limit, payments
of up to 20% can be made to individuals.
Details of the procedures, the numbers covered
by the scheme, the range of awards and the total
amounts paid in Departments are outlined in the
annual reports of the committee, which are available
on the website www.finance.gov.ie. The committee
does not identify the amount paid to individuals
as this is regarded as personal
information. Prior to the introduction of the current
scheme, there was a scheme of awards for
assistant secretaries general, which was based on
4% of the paybill for assistant secretaries general.
Payments under the Department’s Aitheantas
scheme for staff up to and including principal
officer and equivalent grades are made annually.
Individual awards — \1,000 in 2005 — for all
grades and group awards — \250 per group
member in 2005 — are made.
Criteria for receipt of an award under the
Aitheantas scheme include consistently high performance,
creative application of skills and
initiative to the resolution of difficult issues,
development of new procedures and processes
which increase the effectiveness and-or quality of
a service, exceptional commitment shown in the
implementation of specific measures, establishment
and maintenance of high standards of quality
in the delivery of a particular service or
services, highly effective co-ordination of activities
which results in meeting targets ahead of
schedule, assuming effective control in areas
when urgent action is required to maintain quality
or credibility of an educational service and-or
providing leadership of a project team resulting
in improved performance. A breakdown, by
grade, of the number of awards in 2005 grade is
as follows.
Employee Recognition Awards — Aitheantas — 2005
Department of Education and Science Group Awards (\250
per group member)
Administrative Grades
Number
Principal Officer 0
Assistant Principal Officer 4
Higher Executive Officer/Administrative Officer 16
Executive Officer/Staff Officer 43
Clerical Officer 48
111
Non-Administrative Grades
Number
Service Staff 3
Assistant Chief Inspector 2
Divisional Inspector 4
Senior Inspector 2
Primary Inspector 1
Regional Director 1
Senior Psychologist 9
Psychologist 12
Employee Recognition Awards — Aitheantas — 2005
Department of Education and Science Individual Awards
(\1,000 each)
Administrative Grades
34
Number
Principal Officer 3
Assistant Principal Officer 2
Higher Executive Officer/Administrative Officer 6
Executive Officer/Staff Officer 11
Clerical Officer 6
—
28
Non-Administrative Grades
Number
Divisional Inspector 2
District Inspector 1
Senior Psychologist 3
Psychologist 2
Quantity Surveyor Grade 1 1
General Operative 1
Higher Education Grants.
1368. Mr. N. O’Keeffe asked the Minister for
Education and Science if a higher education grant
application will be pursued in respect of a person
(details supplied) in County Cork. [1942/06]
Minister for Education and Science (Ms
Hanafin): The higher education grants scheme
operates under the Local Authorities (Higher
Education Grants) Acts 1968 to 1992. Under the
terms of the higher education grants scheme,
grant assistance is awarded to students who meet
the prescribed conditions of funding, including
10

887 Questions— 25 January 2006. Written Answers 888
[Ms Hanafin.]
those which relate to nationality, residency,
means and previous academic attainment. The
process of assessing eligibility for third level or
further education grants is a matter for the relevant
local authority or vocational educational
committee.
Officials of my Department contacted the
higher education grants section of Cork County
Council concerning the candidate referred to by
the Deputy. It is understood that following an
assessment of the documentation received in support
of the application concerned, it was established
that the grant application was not proper
to that body. The application was recently forwarded
to the higher education grants section of
Dublin City Council which is the appropriate
assessment body in this case. Officials in my
Department have established that Dublin City
Council is currently assessing the candidate’s
application.
Schools Building Projects.
1369. Mr. Hayes asked the Minister for Education
and Science the position regarding an
application for additional facilities for a school
(details supplied) in County Tipperary. [2084/06]
Minister for Education and Science (Ms
Hanafin): As the Deputy will be aware, the
school to which he refers has agreed to amalgamate
with another school in the area. In common
with all amalgamation situations, a technical
inspection was carried out on the existing buildings
to ascertain, which if either, would be suitable
to act as a host for the new school. The technical
report has been received and examined in
the school planning section and it will be
informing the school authority of the outcome
shortly.
In the meantime, the proposed project has
been assessed in accordance with the prioritisation
criteria for large-scale building projects.
Progress on the project will be considered in the
context of the school building and modernisation
programme from 2006 onwards.
Special Educational Needs.
1370. Caoimhghín ÓCaoláin asked the Minister
for Education and Science the progress made
with regard to a group (details supplied) in
County Armagh; the range of services that will be
provided initially and in the future; when the
centre will be fully operational; and if she will
make a statement on the matter. [2143/06]
Minister for Education and Science (Ms
Hanafin): As the Deputy is aware, my Department
and the Department of Education in
Northern Ireland are jointly engaged in the
development of the Middletown Centre for
Autism in County Armagh. Both Departments
have jointly funded the purchase of the former
St. Joseph’s Adolescent Centre, Middletown, and
plan to refurbish the property with a view to
developing a centre of excellence for children and
young people with autism throughout the island
of Ireland. The centre will be dedicated to
improving and enriching the educational opportunities
of children and young people with autistic
spectrum disorders. Four key services will be provided
by the centre: a learning support service,
on a residential basis; an educational assessment
service; a training and advisory service and an
autism research and information service. Officials
from both Departments are working closely on
this project and this interaction between the two
Departments will continue over the coming
months with a view to ensuring that the centre
becomes operational as quickly as possible.
Schools Refurbishment.
1371. Mr. Carey asked the Minister for Education
and Science if her Department has
received an application from a school (details
supplied) in Dublin 11 for refurbishment works;
when a decision will be made on the application;
and if she will make a statement on the
matter. [2215/06]
Minister for Education and Science (Ms
Hanafin): I can confirm to the Deputy that the
school to which he refers has not submitted an
application to my Department for refurbishment
works.
Physical Education Facilities.
1372. Ms Burton asked the Minister for Education
and Science the progress which has been
made in providing for the development of a
sports hall for a school (details supplied) in
Dublin 15; if her attention has been drawn to the
very large number of pupils at this school and of
the pressing needs for additional accommodation
to facilitate sports facilities for male and female
students; and if she will make a statement on the
matter. [2224/06]
Minister for Education and Science (Ms
Hanafin): An application for a new PE hall at the
school to which the Deputy refers has been
assessed in accordance with the published prioritisation
criteria for large-scale school building
projects. The project has been assigned a band
four rating and its progress will be considered in
the context of the school building and modernisation
programme from 2006 onwards.
Site Acquisitions.
1373. Ms Burton asked the Minister for Education
and Science the progress which has been
made in the acquisition of a site for a school
(details supplied) if the site has been acquired;
the funding which has been allocated to the

889 Questions— 25 January 2006. Written Answers 890
school for site and building purposes; when she
expects the permanent school to open; and if she
will make a statement on the matter. [2225/06]
1374. Ms Burton asked the Minister for Education
and Science the progress which has been
made in acquiring the site for a second level
school for Castaheany, Littlepace, Clonee,
Dublin 15; if her attention has been drawn to the
fact that many thousands of new homes have
been built and occupied in the area in the past
eight years and that parents are seriously concerned
at the lack of second level school facilities
in the immediate area; the budgetary provision
which has been made for the acquisition of the
site and the development of the school; and if she
will make a statement on the matter. [2226/06]
Minister for Education and Science (Ms
Hanafin): I propose to take Questions Nos. 1373
and 1374 together.
The acquisition process for the sites to which
the Deputy refers is at an advanced stage.
However, the Deputy will appreciate that, due to
the commercial sensitivities of site acquisition, I
am unable to comment on the detail with regard
to specific site purchases.
I am, however, pleased to be able to inform the
Deputy that due to the progress made under site
acquisition process, the building project for the
primary school in question is included on the
recently published list of 62 schools for which I
have given the go ahead to commence architectural
planning under the 2006 capital programme.
Schools Building Projects.
1375. Ms Burton asked the Minister for Education
and Science the position with regard to
proposals by her Department to re-develop a
school (details supplied) in Dublin 15; if budgetary
provision has been made for same and when
she expects the work to commence and to be
completed in respect of the school as promised
by her predecessor; and if she will make a statement
on the matter. [2227/06]
Minister for Education and Science (Ms
Hanafin): An application for major capital funding
from the school to which the Deputy refers
has been assessed in accordance with the published
prioritisation criteria for large-scale building
projects. Progress on the project is being considered
in the context of the school building and
modernisation programme from 2006 onwards.
It is my intention that the post primary school
will be delivered by way of a design build Project.
To this end, my Department has advertised in the
Official Journal of the European Union for
design build teaMs The short listing of these
teams is currently being undertaken. A project
manager has also been appointed to manage the
delivery of the project.
With regard to the overall rapidly developing
nature of the area concerned, I want to assure
the Deputy that the school planning section of my
Department is continuously monitoring the rate
and pace of housing developments and is in constant
consultation with planning officials from
Fingal County Council in this regard.
Multi-Denominational Schools.
1376. Ms Burton asked the Minister for Education
and Science the position with regard to the
provision of a primary school for Tyrellstown,
Dublin 15, and Educate Together, currently occupying
temporary premises at Littlepace, Dublin
15; the capital funding which she has allocated for
the building of the school; when she expects the
building of the school to commence; when she
expects the permanent school to be opened; and
if she will make a statement on the matter.
[2228/06]
Minister for Education and Science (Ms
Hanafin): I am pleased to advise the Deputy that
Tyrrelstown Educate Together NS has been
relocated from its temporary accommodation in
Littlepace. It is now accommodated in new purpose-built
prefabricated units at a site in Tyrrelstown.
an application from the school authority for
additional accommodation for September 2006 is
under consideration in the school planning
section. All applications under this scheme are
currently being examined and the list of successful
applicants will be published when the assessment
process is completed.
The officials in the school planning section of
my Department fully recognise the need to
provide for the long-term accommodation needs
of the school and progress on this project will be
considered in the context of the school building
and modernisation programme 2006-2009.
Public Service Procurement.
1377. Mr. Kenny asked the Minister for Education
and Science if her Department has produced
an annual corporate procurement plan in
respect of each of the years 2000 to 2005; and if
she will make a statement on the matter.
[2248/06]
Minister for Education and Science (Ms
Hanafin): The process of procurement in my
Department is regulated through compliance with
existing guidelines on public procurement under
EU and national rules. It has not been the practice
to date to produce a corporate plan in respect
of this activity. However, my Department will be
developing its policy in this area in line with the
initiative currently being undertaken by the
national public procurement policy unit of the
Department of Finance in regard to public service
procurement generally.

891 Questions— 25 January 2006. Written Answers 892
Schools Building Projects.
1378. Mr. O’Connor asked the Minister for
Education and Science the proposals for the management
of the new physical education hall at a
school (details supplied) in Dublin 24; and if she
will make a statement on the matter. [2259/06]
Minister for Education and Science (Ms
Hanafin): This issue is being considered at
present and my Department will be in contact
with the school authorities in due course.
School Curriculum.
1379. Mr. O’Connor asked the Minister for
Education and Science the action being taken in
schools to promote healthy eating habits among
children; and if she will make a statement on the
matter. [2260/06]
Minister for Education and Science (Ms
Hanafin): Our schools promote, support and
encourage healthy eating and physical exercise in
a range of ways. With regard to educating
students about making good food choices, a curriculum
in social, personal and health education,
SPHE, is mandatory for all primary students and
its implementation is also being assisted by a fulltime
support service. Health and well-being along
with food and nutrition are two areas dealt with
under the “taking care of my body” unit of that
curriculum. The objective is that by fifth and sixth
class, pupils should be enabled to realise that
they, as individuals, have some responsibility for
adopting a healthy balanced diet and for taking
regular and appropriate exercise.
All second level schools have been required to
provide SPHE as part of the junior cycle curriculum
since September 2003. The aims of this programme
include preparing students for responsible
decision making and promoting their physical,
mental and emotional health and well-being.
Physical education is also part of the curriculum
at primary and at post-primary level and plays a
key role not just in giving students an opportunity
to exercise during the school day but also in
encouraging a positive attitude towards physical
activity which students will hopefully carry with
them into adult life.
Quite apart from curricular provision, schools
can implement measures to encourage physical
activity during school breaks and schools already
play a major role in promoting the involvement
of students in sporting activities in the wider community.
Sports organisations such as the Gaelic
Athletic Association, Basketball Ireland and the
Football Association of Ireland, FAI, provide
extensive opportunities for schools to participate
in sport.
Together these initiatives ensure that children
not only get opportunities to exercise at school
but also learn about balanced nutrition and making
good food choices. I believe that schools are
playing their part in terms of promoting a healthy
diet and adequate physical exercise for children.
However, it is important to remember that children
spend just 20% of their waking hours at
school so schools can only do so much with
regard to promoting exercise and healthy eating
and the main role must rest with parents.
School Staffing.
1380. Ms Shortall asked the Minister for Education
and Science if her attention has been
drawn to the shortage of woodwork teachers due
to the building boom; if in particular her attention
has further been drawn to the difficulties experienced
by a school (details supplied) in Dublin 9
which could not recruit a teacher for over three
months due to this shortage; the steps she is taking
to address the problem; and if she will make
a statement on the matter. [2272/06]
Minister for Education and Science (Ms
Hanafin): The teacher supply and demand issue
at second level is very complex. Analyses undertaken
by my Department in the past indicated
that there are regional and subject variations. A
further complicating factor is that vacancies in
second level schools usually require specific subject
combinations.
By way of background I should point out that
the teacher education section of my Department
is responsible for teacher education and development,
with particular regard to initial teacher
education covering the colleges of education and
the education departments in the universities and
colleges. In the case of undergraduate courses for
woodwork teachers, such as the degree in construction
studies in the University of Limerick,
the position is that my Department has a role in
the provision of funding for these institutions on
an individual basis through the Higher Education
Authority, HEA. However, it is a matter for the
individual institutions to decide on the number of
places available on such courses in a manner
similar to decisions taken on the annual intake
for any particular course of study. My Department
does not and cannot have a direct role in
the regulation of the overall number of people
who opt to pursue a particular qualification in
these institutions.
My Department and the HEA will continue to
review the supply and demand of second-level
teachers on an ongoing basis. Arising from
recommendations from the OECD report
entitled Teachers Matter and other significant
recent developments in relation to teacher education
my Department will shortly commence an
extensive consultative process with the education
departments of universities and colleges with a
view to enhancing the system-wide response to
emerging concerns such as an under or over supply
of teachers. Initial contacts with the colleges
and education departments of universities have
been positive.

893 Questions— 25 January 2006. Written Answers 894
Departmental Bodies.
1381. Ms Shortall asked the Minister for Education
and Science the bodies under the aegis of
her Department which have not provided her
with a 2004 annual report; and in the case of each
body from whom she has received such a report
if same has been laid before the Houses of the
Oireachtas. [2287/06]
Minister for Education and Science (Ms
Hanafin): The information requested by the
Deputy is being compiled in my Department at
present and will be forwarded directly to her.
Schools Building Projects.
1382. Mr. Aylward asked the Minister for Education
and Science when approval of an application
for major capital funding from the management
authority of a college (details supplied)
in County Waterford will issue; and if she will
make a statement on the matter. [2320/06]
Minister for Education and Science (Ms
Hanafin): An application for major capital funding
from the school to which the Deputy refers
has been received by my Department. This application
is being considered in the context of an
overall review of educational provision in the
area where the school is located. I expect this
review to be completed shortly.
Adult Education.
1383. Mr. Hayes asked the Minister for Education
and Science if funding will be made available
to a group (details supplied) in County
Tipperary. [2335/06]
Minister for Education and Science (Ms
Hanafin): Annual grants are awarded by my
Department to vocational education committees
for the provision of adult education in their areas.
Subject to the amount made available, it is for
each VEC to determine the disbursement of
these grants, in accordance with its own priorities.
Accordingly, an application of the kind referred
to in the question should be made to County
Tipperary South Riding VEC.
Question No. 1384 answered with Question
No. 1228.
Schools Building Projects.
1385. Mr. McGuinness asked the Minister for
Education and Science if the costings relative to
the rent of a third pre-fab at a school (details
supplied) in County Kilkenny will be approved;
the position regarding an application for a further
three pre-fabs to fulfil a need for September 2006;
the status of an application for a school extension
consisting of four rooms and accommodation; the
further position of an application for the 2006
summer works scheme; and if consideration of
each proposal will be expedited. [2349/06]
Minister for Education and Science (Ms
Hanafin): In May 2004, the school to which the
Deputy refers refused a devolved grant of \70,000
to provide extra permanent accommodation. Subsequently,
it sought approval for four extra
classrooms to accommodate a mainstream classroom
teacher and three special education
teachers, SET. This was approved by way of
rental of two full sized classrooms, 76 m 2 , one of
which was to be sub-divided into three smaller
rooms to accommodate the SETs which require
16 m 2 each. It subsequently transpired that the
school proceeded, without sanction, to rent three
classrooMs Retrospective approval was sought
for the third classroom which was refused by my
Department on the grounds that its accommodation
requirements were adequately addressed
with the original sanction. The school authority
has appealed this decision and the matter is currently
being re-examined in the school planning
section.
The school authority has made an application
under the additional accommodation scheme
2006 and the summer works scheme 2006. All
applications under these schemes are currently
being assessed and I hope to announce details of
the successful applicants shortly. With regard to
the school’s application for large scale capital
funding, this application has been assessed in
accordance with the published prioritisation
criteria for large scale building projects and progress
on the project is being considered in the
context of the school building and modernisation
programme from 2006 onwards.
Youth Services.
1386. Cecilia Keaveney asked the Minister for
Education and Science the status of the introduction
of the Youth Work Act 2001; her plans for
roll out of more services for young people in
2006; and if she will make a statement on the
matter. [2371/06]
Minister for Education and Science (Ms
Hanafin): The Youth Work Act 2001 provides a
legal framework for the provision of youth work
programmes and services to be organised by the
Minister for Education and Science, the
vocational education committees and national
and major regional youth work organisations.
Section 1 of the Act provides for sections to be
commenced at different stages. Sections 2 to 7,
17, 18 and 24 have been commenced to date.
My Department, together with youth work
interests, both voluntary and statutory, have been
developing the groundwork, including detailed
guidelines and procedures, which are essential to
the further roll-out of the Act in a planned and
structured manner. As a priority for 2005, I identified
the capacity development of youth work

895 Questions— 25 January 2006. Written Answers 896
[Ms Hanafin.]
organisations to assist them in preparing themselves
organisationally for the implementation of
the Act. To this end I established a development
fund of \300,000 for youth work organisations
specifically for 2005 to help them achieve the new
standards for approval and engage effectively
with the new structures arising from the Youth
Work Act 2001.
Another area to which I attach importance is
the capacity development of vocational education
committees, VECs, to carry out the responsibilities
set out for them in the Act. Discussions
which have been ongoing in this regard are at an
advanced stage and nearing completion. In
addition, significant progress has been made with
regard to the appointment of an assessor of youth
work with the post advertised in December 2005
and interviews due to commence soon with a view
to an early appointment. This post is viewed by
all involved in youth work, both in the statutory
and voluntary sectors, as an essential step
forward.
Another key component for the progression of
youth work in Ireland is the national youth work
development plan. This plan identifies four main
goals and proposes some 50 action points to
achieve these goals over a five year period. To
date, a number of priority action areas have been
addressed. In 2003, \80,000 was spent on the
implementation of a child protection training
programme for the sector. In 2004 \500,000 was
made available for the roll-out of the plan and
was spent on further support for the child protection
training programme, development of projects
funded under the special projects for youth
scheme and increased support to youth information
centres and the youth information support
partnership.
Building on these initiatives, further progress
also continues to be made in: the establishment
of ten new special projects for disadvantaged
youth in 2005; the upgrade of 20 single worker
special projects to two worker projects in 2005;
review of youth work funding, nearing completion;
review of youth information provision,
nearing completion; continued support of the
child protection training programme; continued
support of the development fund for youth work
organisations; the successful launch of the joint
North-South education and training standards
committee in Armagh by the Minister of State
with responsibility for youth affairs, Deputy de
Valera, and Minister Angela Smith, Department
of Education, Northern Ireland; and continued
groundwork on the establishment of national
youth work development unit in NUI, Maynooth.
It is intended that further sections of the Act
will be implemented on a progressive and phased
basis as resources, both human and financial, permit.
I am confident that the progressive roll of
the Youth Work Act 2001 will serve to enhance
programmes and services for young people at
local, regional and national level. Further action
areas for development in 2006 and 2007 are being
determined by my Department with the advice of
the national youth work advisory committee.
Schools Building Projects.
1387. Mr. Stagg asked the Minister for Education
and Science if stage two submission in connection
with the required phase two extension to
a school (details supplied) in County Kildare has
been received; and if further progress on this project
will be sanctioned. [2395/06]
Minister for Education and Science (Ms
Hanafin): The building project for the school
referred to by the Deputy is at an early stage of
architectural planning. My Department’s officials
wrote to the school authorities in September 2005
advising them that they should now proceed to
prepare and submit a stage 2 submission, outline
sketch scheme. The school authorities had
expected to have the submission with my Department
by the end of November 2005 but this has
been revised to the end of January 2006. As the
board of management is the client for this project
responsibility for ensuring that this timeframe is
maintained lies with them. Further progression of
the project can be made when the stage 2 submission
is received.
Question No. 1388 answered with Question
No. 1299.
Psychological Service.
1389. Mr. Stagg asked the Minister for Education
and Science the number of educational
psychologists working in Kildare national schools;
the number of schools which have no direct
service in the county; the number of educational
psychologist here at the end of 2002, 2003, 2004
and 2005; and the projected numbers for 2006.
[2398/06]
Minister for Education and Science (Ms
Hanafin): All primary and post-primary schools
in the country have access to psychological assessments
either directly through the national educational
psychological service, NEPS, or through
the scheme for commissioning psychological
assessments, SCPA, full details of which are available
on my Department’s website. In addition,
NEPS provides a service to every school in the
event of a critical incident regardless of whether
the school already has a dedicated service from a
NEPS psychologist. Also in relation to all schools,
NEPS processes applications for reasonable
accommodations in certificate examinations and
responds to queries and requests for assessments
in relation to individual children from other
sections of my Department and from the specialist
agencies.

897 Questions— 25 January 2006. Written Answers 898
In common with many other psychological
services, NEPS operates a staged model of service
to schools, whereby an initial referral usually
leads to a consultation and provision of advice to
teachers and parents on appropriate teaching and
management strategies. Progress is kept under
review and only those children who fail to
respond to these interventions will need to see a
psychologist. This allows the psychologists to
offer early appointments to children who are in
urgent need of support and early advice to
teachers in respect to those children whose needs
are perhaps less pressing but who still need
additional help in school.
At present, approximately 53% of schools in
County Kildare — 68 schools out of a total
number of 129 — have access to a dedicated
service from NEPS and this represents more than
65% of the student population. Information
regarding numbers of NEPS psychologists working
in County Kildare in previous years is not
always meaningful in terms of comparisons as
psychologists were assigned at that time to a
number of areas. For example, in 2002-2003 eight
psychologists were assigned to a number of
schools in County Kildare but they also worked
in other schools within the eastern region, southwest
area, which encompasses west Dublin as well
as Kildare. From 2003-2004, however, allocation
of psychologists in this region was more focused
geographically.
The information in respect of the other years
in question is as follows: 2003-2004 five psychologists;
2004-2005 five psychologists; and 2005-
2006 five psychologists.
Schools not served directly by NEPS continue
to have access to SCPA. The number of NEPS
psychologists has increased from 43 on establishment
to 121 at present. The Public Appointments
Service has recently established new recruitment
panels for NEPS. Regional panels are now in
place and my Department is currently in the process
of appointing psychologists. Geographical
areas of greatest need are receiving priority in the
appointment of psychologists. Any increase in the
number of psychologists in NEPS will depend on
the availability of resources and must also take
account of Government policy on public sector
numbers.
Schools Building Projects.
1390. Mr. Stagg asked the Minister for Education
and Science if stage three submission in
relation to the required extension to a school
(details supplied) in County Kildare has been
approved; the remaining stages which will be
completed in relation to this project; and when
the project will go to tender. [2399/06]
Minister for Education and Science (Ms
Hanafin): The building project for the school
referred to by the Deputy is at an early stage of
architectural planning. The school in question
was listed in my announcement of April 2005 as
a project to progress through architectural planning
up to pre-tender stage, namely, up to and
including advanced architectural planning.
In order to bring this project to the required
stage, my Department’s officials have requested
and received various amendments to the stage
three submission which comprises detailed plans
and costs, during 2005. Most recently my Department’s
officials wrote to the school authorities on
21 September 2005 with some further queries and
a response has been received. This will be examined
as soon as possible and my officials will then
be in further contact with the school authorities
with regard to the next steps involved in progressing
this project. Progression of projects to
construction will be considered in the context of
the School Building and Modernisation Programme
2005-2009.
Question No. 1391 answered with Question
No. 1300.
1392. Mr. Stagg asked the Minister for Education
and Science if the tender report has been
received in relation to a new school (details
supplied) in County Kildare; if a tender has been
awarded; the cost approved and the construction
timetable. [2407/06]
Minister for Education and Science (Ms
Hanafin): I am pleased to inform the Deputy that
in May 2005 my Department gave devolved authority
for the project in question to proceed to tender
and construction. Tenders for the project
were returned in late October and the tender
report which was received in my Department in
late December is currently being examined by my
Department’s technical staff. My Department will
be in contact with the school management as soon
as this examination is completed.
1393. Mr. Stagg asked the Minister for Education
and Science the position in relation to the
progress of the required extension to a school
(details supplied) in County Kildare. [2410/06]
Minister for Education and Science (Ms
Hanafin): The school planning section of my
Department has received an application for
major capital funding from the management
authorities of the school to which the Deputy
refers. The application has been assessed in
accordance with the published prioritisation
criteria for large scale projects. Progress on the
proposed works is being considered in the context
of the school building and modernisation programme
from 2006 onwards.

899 Questions— 25 January 2006. Written Answers 900
1394. Mr. Stagg asked the Minister for Education
and Science if funding is included in the
2006 capital budget to fund the required extension
to a school (details supplied) in County
Kildare. [2412/06]
1395. Mr. Stagg asked the Minister for Education
and Science if capital funds will be made
available in 2006 to commence construction of a
new school (details supplied) in County Kildare,
once the architectural planning is completed.
[2413/06]
1396. Mr. Stagg asked the Minister for Education
and Science if the architectural planning
for a new school (details supplied) in County
Kildare is completed within the first six months of
2006; and if capital funding is available to enable
construction to commence in 2006. [2416/06]
Minister for Education and Science (Ms
Hanafin): I propose to take questions Nos. 1394
to 1396, inclusive, together.
I am pleased to inform the Deputy that the
schools to which he refers are included in my
recent announcement of 62 large-scale building
projects countrywide which have been approved
to progress under the school building and modernisation
programme. These will be progressed
by way of the appointment of a design team
under my Department’s capital programme for
2006.
The building section of my Department will be
providing information to the schools concerned
shortly on how their projects will be advanced on
foot of this announcement. Progress to tender
and construction will be considered at the appropriate
stage of the architectural planning process
in the context of the prioritisation criteria for
large scale building projects.
1397. Mr. Stagg asked the Minister for Education
and Science if, further to Parliamentary
Question No. 526 of 2 November 2005, there has
been further progress with the application for
approval under the summer works scheme 2006;
and if she will make a statement on the
matter. [2423/06]
Minister for Education and Science (Ms
Hanafin): All applications for the summer works
scheme 2006 are currently being assessed and I
intend to publish the list of successful applicants
shortly.
1398. Mr. Stagg asked the Minister for Education
and Science if the provision of a covered
walkway between the old Confey College building
and the new school, in Leixlip, County
Kildare, will be funded under the summer works
scheme. [2424/06]
Minister for Education and Science (Ms
Hanafin): The school planning section of my
Department received an application under the
summer works scheme 2006 from the school
referred to by the Deputy. All applications under
this scheme are currently being assessed and I
expect to publish the list of successful applicants
shortly.
1399. Mr. Stagg asked the Minister for Education
and Science if the summer works scheme
project for a school (details supplied) in County
Kildare will be sanctioned; and if she will make a
statement on the matter. [2425/06]
Minister for Education and Science (Ms
Hanafin): The school planning section of my
Department received an application under the
summer works scheme 2006 from the school
referred to by the Deputy. All applications under
this scheme are currently being assessed and I
expect to publish the list of successful applicants
shortly.
School Placement.
1400. Mr. Timmins asked the Minister for Education
and Science if she has received an application
for approval for a Gael Choláiste in
Arklow, County Wicklow; and if she will make a
statement on the matter. [2432/06]
Minister for Education and Science (Ms
Hanafin): An application has been received from
County Wicklow VEC for the establishment of a
gaelcholáiste in Arklow. The application is currently
under consideration by officials in the planning
section of my Department and discussions
will be arranged between my officials and the
VEC to progress the matter.
Schools Building Projects.
1401. Mr. Timmins asked the Minister for Education
and Science when she last visited a school
(details supplied) in County Wicklow; if an
announcement regarding approval for a physical
education hall was made on that day; and if she
will make a statement on the matter. [2433/06]
Minister for Education and Science (Ms
Hanafin): I have not visited the school referred
to by the Deputy. The school planning section of
my Department is in receipt of an application for
major capital funding for a sports hall from the
management authority of the school to which the
Deputy refers. The application has been assessed
in accordance with the published prioritisation
criteria for large scale projects. Progress on the
proposed works is being considered in the context
of the school building and modernisation programme
from 2006 onwards.

901 Questions— 25 January 2006. Written Answers 902
1402. Mr. Stanton asked the Minister for Education
and Science if her Department is in receipt
of an application to extend a school (details
supplied); when a decision will be made regarding
this application; and if she will make a statement
on the matter. [2453/06]
Minister for Education and Science (Ms
Hanafin): An application for capital funding
towards the provision of an extension at the
school has been received from the school referred
to by the Deputy. The long-term accommodation
needs of the school are being examined at
present. When this is completed the building project
required to deliver an extension at the school
will be considered in the context of the School
Building and Modernisation Programme 2006-
2010.
1403. Mr. Aylward asked the Minister for Education
and Science if funding will be approved for
an extra permanent classroom for a national
school (details supplied) in County Kilkenny; and
if she will make a statement on the matter.
[2475/06]
Minister for Education and Science (Ms
Hanafin): The school planning section of my
Department is in receipt of an application for
major capital funding from the school to which
the Deputy refers. The application has been
assessed in accordance with the published prioritisation
criteria for large scale projects. Progress
on the proposed works is being considered in the
context of the school building and modernisation
programme from 2006 onwards.
1404. Mr. Wall asked the Minister for Education
and Science the schools in County Kildare
that have applied for new school buildings; the
stages each of these schools are presently at; and
if she will make a statement on the matter.
[2535/06]
Minister for Education and Science (Ms
Hanafin): The information requested by the
Deputy is not readily available in my
Department.
1405. Mr. Wall asked the Minister for Education
and Science the schools in County Kildare
that have received funding for new school buildings
for each of the past five years; the amounts
they have received; and if she will make a statement
on the matter. [2536/06]
Minister for Education and Science (Ms
Hanafin): The information requested by the
Deputy is not readily available in my
Department.
Freedom of Information.
1406. Ms Burton asked the Minister for Education
and Science the public bodies and agencies
within her Department exempted from the full
remit of the freedom of information legislation;
and if she will make a statement on the
matter. [2743/06]
Minister for Education and Science (Ms
Hanafin): No bodies under the aegis of my
Department which are currently covered by FOI
legislation are subject to FOI in respect of certain
functions only. Section 53 of the Education Act
1998 enables the Minister for Education and
Science to refuse access to information which
would enable the compilation of league tables of
schools.
Defence Forces Property.
1407. Mr. P. Breen asked the Minister for
Defence further to Parliamentary Question No.
495 of 29 November 2005, if the Snow report in
question at paragraph 5.3 unequivocally acknowledges
that at Casement Aerodrome, due to the
low number of operations and the relative small
size of aircraft, it may prove very difficult to
defend the size and shape of the approach area
on risk consideration to third parties alone such
as the probability of a person being killed on the
ground due to an air crash; and if he will make a
statement on the matter. [40241/05]
Minister for Defence (Mr. O’Dea): As I indicated
in my reply to Parliamentary Question No.
491 on 6 December 2005, red safety areas were
first adopted at Casement Aerodrome following
a review in 1992 by Aer Rianta, on behalf of the
Department of Defence, of policy in relation to
safety zones at the aerodrome and were introduced
to ensure the safe and unobstructed operation
of air traffic to and from Casement Aerodrome.
International Civil Aviation Organisation
standards and recommendations in relation to
obstacle limitation surfaces for airports, designed
to protect the safety of aircraft as they land and
take off by ensuring that there are no obstacles
in the way, as well as considerations in regard to
public safety in the vicinity of the aerodrome
were taken into account in determining the size
and shape of the red safety areas at Casement
Aerodrome. The red safety areas were not determined
solely by reference to the risk considerations
to third parties on the ground. The Snow
report prepared in 1999 recommended in the case
of Casement Aerodrome that the approach areas
be retained for security and safety reasons
because of the large proportion of training,
including single engine-solo flights by inexperienced
pilots, carried out at the aerodrome. The
matter will, however, be kept under review.

903 Questions— 25 January 2006. Written Answers 904
Army Deafness Claims.
1408. Mr. Durkan asked the Minister for
Defence if a person (details supplied) in County
Meath qualifies under Army deafness compensation;
and if he will make a statement on the
matter. [40312/05]
Minister for Defence (Mr. O’Dea): An award
by the Army Pensions Board is the only means,
other than litigation, by which retired personnel
of the Defence Forces are provided with compensation
for any injury sustained in service in the
Defence Forces. There is no record of the named
person at either of the addresses provided, ever
having initiated a hearing loss compensation
claim against my Department through the courts,
nor is there any trace of an application for a hearing
loss disability pension from the Army Pensions
Board.
Defence Forces Reserve.
1409. Mr. Quinn asked the Minister for
Defence if a member of the Reserve Defence
Forces is permitted to also be a member of the
Garda Síochána; if not, the reason same; and if he
will make a statement on the matter. [40344/05]
Minister for Defence (Mr. O’Dea): Defence
Forces regulation R5, paragraph 6(g), prescribes
that a member of the Garda Síochána shall be
ineligible for enlistment in the Reserve Defence
Force. This would also apply to members of the
Garda Síochána wishing to apply for appointment
as officers of the Defence Forces Reserve. Conversely
an enlisted member of the Defence
Forces Reserve who wishes to join the Garda
Síochána must be discharged from the Defence
Forces Reserve before joining the Garda Síochána.
an officer of the Defence Forces Reserve
would have to relinquish his or her commission
in order to join the Garda Síochána having particular
regard to section 86 of the Defence Acts
1954 to 1998, where an officer shall be liable to
be called out, as may be directed by the Minister,
on permanent service.
The rationale behind the policy of precluding
dual membership of the Defence Forces Reserve
and the Garda Síochána is that membership of
the Defence Forces Reserve renders an individual
potentially liable to be called up for permanent
service at any time. This condition of membership
of the Defence Forces Reserve would
conflict with similar requirements attaching to
membership of the Garda Síochána, who are also
liable for duty at all times.
Service Medals.
1410. Mr. O’Connor asked the Minister for
Defence if, in view of the recent ending of an
Fórsa Cosanta Áitiúl and an Slua Muirí as distinct
elements of the Defence Forces, consideration
will be given to the issue of a special service bar
to persons serving and former members of both
those forces who are already holders of an Bonn
Seirbhíse for services in those forces. [40387/05]
Minister for Defence (Mr. O’Dea): Service
medals and bars are issued to members of the
Defence Forces as prescribed in Defence Forces
regulation A9, new series, and administration
instruction Part 19. The military authorities
advise that members of the Army reserve, formerly
an Fórsa Cosanta Áitiúil, and the Naval
Service reserve, formerly an Slua Muirí, are
awarded an Bonn Seirbhíse, the Service Medal,
on completing seven years satisfactory service in
recognition of their service and contribution to
the Defence Forces and to the State. A bar is
added to the medal on completing 12 years satisfactory
service and a second bar on completing
21 years satisfactory service.
The military authorities indicate that in their
view the existing provisions regarding the award
of such medals and bars is sufficient. There are
currently no plans to change the relevant regulations
to provide for additional medals and-or
bars. I believe that the current provisions for the
award of medals to such personnel give due
recognition to the valuable and valued service of
such members.
Departmental Staff.
1411. Mr. Allen asked the Minister for Defence
the reason a person (details supplied) in County
Cork is not being paid while they are out of work;
and if a sick leave payment will be granted.
[1091/06]
Minister for Defence (Mr. O’Dea): I should
explain that the sick pay arrangements for civilian
employees of my Department apply to the person
concerned. In general, civilian employees may be
granted up to six months sick leave at full pay in
any period of 12 months and half pay thereafter
subject to a maximum of 12 months sick leave of
any kind — full pay, half pay or without pay —
in any period of four years or less. Civilian
employees are also eligible for social welfare disability
benefit while absent due to sickness.
In this particular case, the person concerned
has exhausted his entitlement to sick pay under
the terms of the departmental sick leave scheme
as he has availed of over 365 days sick leave in
the past four years. The Deputy will appreciate
that the terms of the departmental sick leave
scheme are of general application and that the
terms of the scheme cannot be altered to suit
individual circumstances. Accordingly, I regret to
say that it will not be possible to authorise payment
of sick pay to the person concerned.

905 Questions— 25 January 2006. Written Answers 906
Defence Forces Retirement Scheme.
1412. Mr. Allen asked the Minister for Defence
the reason a person (details supplied) in County
Cork is having their pension abated by \258.08
per month; and if he will ensure that the abatement
cease and that all abatements are repaid to
date. [1092/06]
Minister for Defence (Mr. O’Dea): The person
referred to is in receipt of both a service pension
under the Defence Forces pension schemes and a
disability pension under the Army Pensions Acts
from my Department. The schemes provide that,
where a person in receipt of a service pension is
granted a disability pension, the service pension
must be reduced or abated, usually by an amount
equal to one half of the disability pension. The
reduction is applied to the service pension and
not to the disability pension. There may be an
advantage to the pensioner in this arrangement
because disability pensions are exempt from
income tax whereas service pensions are liable to
tax. The service pension of the person in question
is the subject of reduction in accordance with the
provisions mentioned.
Departmental Appointments.
1413. Mr. Boyle asked the Minister for Defence
the number of public appointments made by his
Department since 1997. [1164/06]
Minister for Defence (Mr. O’Dea): The following
public appointments to State bodies under the
aegis of the Department of Defence have been
made since 1997.
Appointed to Coiste an Asgard were Mr.
William O’Mahony appointed on 01 May 1995
and re-appointed on 01 May 2000; Mr. Pat Hogan
appointed on 09 June 1995 and reappointed on
09 June 2005; Mr. John Keohane reappointed on
23 June 1997 and terminated on 17 September
1997; Mr. John Boland appointed on 23 June
1997; Mr. Manus Brennan appointed on 23 June
1997; Ms Madeline Curran appointed on 23 June
1997; Mr. Sean Flood appointed on 23 June 1997
and re-appointed 31 July 2002; Ms Avril Harris
appointed on 23 June 1997; Mr. J. Clayton Love
Jnr. appointed on 23 June 1997; Mr. Enda Ó
Coineen appointed on 23 June 1997; Mr. Gerard
O’Donnell appointed on 23 June 1997 and reappointed
09 August 2002; Mr. Patrick J. O’ Hara
appointed on 17 September 1997 and reappointed
30 September 2002; Mr. Frederick
Morris appointed on 20 February 1998 and reappointed
28 February 2003, resigned with effect
from 14 October 2004; Commodore John
Kavanagh appointed on 06 October 1998; Mr.
David Byrne appointed on 25 March 1999; Ms
Noirin Butler appointed on 07 November 2000;
Ms Joannes Berkery appointed on 09 August
2002; Dr. Roy Browne appointed on 09 August
2002; Mr. Michael Murphy appointed on 09
August 2002; Ms Kalanne O’Leary appointed on
24 September 2002; Mr. Seamus McLoughlin
appointed on 09 October 2002; Commodore
Frank Lynch appointed on 05 October 2003; Mr.
Gerry Donnelly appointed on 11 October 2004;
Mr. Brian Byrne appointed on 19 May 2005; Mr.
Gerry McMahon appointed on 19 May 2005; and
Mr. Gerard Kiely appointed on 08 November
2005. Except as indicated, these appointments
were for a period of five years.
Appointed to the Army Pensions Board were
Mr. Tom Harrington appointed on 22 May 2001
and Dr. Alan O’Grady appointed on 11 March
1998.
Appointed to the Civil Defence Board were
Dr. Michael P. Ryan appointed on 05 June 2002;
Mr. Gerry Gervin appointed on 05 June 2002 and
re-appointed 30 June 2005; Councillor Margaret
Adams appointed on 05 June 2002; Councillor
Tony Kelly appointed on 05 June 2002 and reappointed
11 July 2005; Mr. Paddy Durack
appointed on 05 June 2002; Mr. Ned Gleeson
appointed on 05 June 2002 and re-appointed 30
June 2005; Mr. Sean Hogan appointed on 05 June
2002 and re-appointed 21 Sept 2005; Dr. Ann
McGarry appointed on 05 June 2002; Mr. Declan
Burns appointed on 05 June 2002; Mr. Michael
Fitzsimons appointed on 05 June 2002; Colonel
Michael Cleary appointed on 05 June 2002; Chief
Superintendent Denis Fitzpatrick appointed on
05 June 2002; Ms Frances Moynihan appointed
on 05 June 2002; Ms Irene O’Meara appointed on
05 June 2002; Mr. Patrick J. Cooney appointed
on 25 June 2004 and terminated on 5 June 2005;
Chief Superintendent John T. Farrelly appointed
on 13 October 2004 and re-appointed 21
September 2005; Commandant Kevin Houston
appointed on 05 November 2004 and reappointed
21 September 2005; Ms Gabrielle
Willis appointed on 30 June 2005; Mr. Gerry
Naylor appointed on 30 June 2005; Ms Roisin
McGuire appointed on 30 June 2005; Mr. Joe
Maher appointed on 11 July 2005; Ms Kay Caball
appointed on 11 July 2005; Mr. Oliver
O’Loughlin appointed on 11 July 2005; Dr. Barbara
Rafferty appointed on 21 September 2005;
and Ms Majella Byrne appointed on 21
September 2005. Except as indicated these
appointments were for a period of three years.
1414. Mr. Boyle asked the Minister for Defence
the number of public appointments currently vacant
and yet to be made by his Department.
[1165/06]
Minister for Defence (Mr. O’Dea): There are
currently no public appointments vacant and yet
to be made by my Department to State boards
which come under the aegis of my Department,
namely, the Civil Defence Board, Coiste an
Asgard and the Army Pensions Board.
Military Intelligence.
1415. Mr. Boyle asked the Minister for Defence

907 Questions— 25 January 2006. Written Answers 908
[Mr. Boyle.]
if his attention has been drawn to military intelligence
keeping files on serving members of the
Houses of the Oireachtas; and the number of
such files that may be in existence. [1173/06]
1416. Mr. Boyle asked the Minister for Defence
if his attention has been drawn to military intelligence
keeping files on former members of the
Houses of the Oireachtas; and the number of
such files that may be in existence. [1174/06]
Minister for Defence (Mr. O’Dea): I propose
to take Questions Nos. 1415 and 1416 together.
Both the Garda Síochána and the Defence
Forces perform complimentary roles in the protection
of the security of the State. There is
ongoing and close liaison between the Garda
Síochána and the Defence Forces regarding
internal security matters including in the intelligence
field. Both agencies gather and share information
and assessments on perceived or emerging
security threats. In addition, mutual assistance
and co-operation is maintained between the Irish
security services and those of other like-minded
countries to ensure effective flow of relevant
intelligence. The Garda Síochána has the primary
responsibility for law and order, including the
protection of the internal security of the state. In
the intelligence field, the Defence Forces act in a
complimentary role, primarily in the gathering
and analysis of intelligence on paramilitary activities,
while also providing intelligence on external
threats, in particular, threat assessments in
respect of locations where the Defence Forces are
deployed on overseas peace support missions.
Military intelligence is also responsible for ensuring
the security of the Defence Forces against
internal threats.
I am advised that military intelligence does not
maintain files on politicians or political activists
per se. It would only be in cases where a person,
or a group to which he or she belonged, was considered
to pose a potential threat to the security
interests of the State that it might be considered
appropriate to monitor such activities. The director
of intelligence provides briefings to me, to the
Chief of Staff and to the deputy chief of staff for
operations on such threats. In addition, the Chief
of Staff, who is a member of the national security
committee, apprises that committee on the nature
of such threats. Due to their nature, the content
of those briefings must be kept confidential. As
such, I am not at liberty, nor would it be appropriate
for me to indicate the nature and extent
of any activities which the Defence Forces may
undertake in this regard or to disclose information
received by me on such issues.
Overseas Missions.
1417. Mr. F. McGrath asked the Minister for
Defence the position regarding his investigation
into the death of a person (details supplied) in
the Congo and the circumstances. [1355/06]
Minister for Defence (Mr. O’Dea): Following
a number of questions in the Dáil on this matter
I undertook to have the military archive examined
on the Niemba ambush and to revert with
the findings. The question arising was whether
Trooper Browne was killed at the Niemba
ambush or whether he survived for a few days
and was killed near a village where he was foraging
for food. A recently published book, The Irish
Army in the Congo 1960-64 outlines the second
version and draws on material from the unit history
for this account. This differs from the long
held understanding that nine members of the
Defence Forces died at Niemba. Accordingly, I
requested the military authorities to examine the
relevant files and they have reverted with the following
information. The unit history that has
been referred to holds many differing accounts of
how Trooper Browne met his untimely death.
The unit history, written six years after the event,
does not attempt to reconcile the differing
accounts of Trooper Browne’s death.
The unit history does include an account that
Trooper Browne survived the initial action for
two days and was killed approximately three
miles from the site of the action. However, this
information was not included in the Dáil replies
because it is not supported by any independent
sources. In November 1961, the Tribunal de Premiere
Instance d’Elizabethville, convicted five
Baluba tribesmen of killing Trooper Browne and
eight others on the 8 November 1960. Information
from Baluba survivors in Manona hospital
in 1960 led investigators to believe that Trooper
Browne was killed at Niemba and that his body
had been removed from the scene by the
ambushers. It was a Baluba custom that they bore
off from the field of battle their most courageous
victim. Accordingly, it was decided that, on the
balance of probability, Trooper Browne died on
the battlefield in an attempt to save his comrades
life. What remains incontrovertible is that
Trooper Browne died, directly or indirectly, as a
result of the Niemba engagement.
Consultancy Contracts.
1418. Mr. Naughten asked the Minister for
Defence the funds spent by his Department since
June 1997 on consultants, legal experts and external
advice; the number of reports produced under
such contracts and the number implemented to
date by his Department; the cost of such advice in
2005 and the planned expenditure for 2006; and if
he will make a statement on the matter.
[1541/06]
Minister for Defence (Mr. O’Dea): The information
sought by the Deputy is set out in the following
table.

909 Questions— 25 January 2006. Written Answers 910
Year Name Purpose Cost Report status
1996/1998 O’Shea Business Provision of career 386,615 Not Applicable
Consultants
change/outplacement support for
members of Defence Forces
availing of voluntary early
retirement
1996/1998 Staff Relations Services (Mr. Chairman Voluntary Early 2,009 Not Applicable
D. Rochford) Retirement Board
1997 Mary Murphy Associates Communications advice 3,133 Completed
1997/2000 Aer Rianta Assessment of planning application 14,655 Not Applicable
adjacent to Casement
Aerodrome, Baldonnel
1998/1999 Staff Relations Services (Mr. Review of Reserve Defence Forces 37,470 Published internally on 31
D. Rochford) August 1999 and submitted
to Minister. Implementation
Plan drawn up and
implementation ongoing
1998 Ernst & Young Analysis and design of a Fishery 608,839 Completed — no specific
Control System to enable the
report produced
Naval Service to meet its
obligations under new fishery
regulations
1998 BDO Simpson Xavier Market and Feasibility Study for 19,666 Completed Report and
Consultants National Aviation Heritage published
Centre
1999/2004 Brady, Shipman, Martin Preparation of an Integrated Area 128,902 Completed and report
Action plan for Murphy
published
Barracks, Ballincollig, Cork
1999/2005 Sir Frederick Snow & Review of policy in relation to 21,938 Report not published
Partners Ltd
Casement Aerodrome,
Baldonnel
1999/2000 Mr. L. Dunbar Review of Medical Corps 4,360 Published internally in March
2002 and submitted to
Minister
1999/2000 Anti-Bullying Centre Trinity To conduct an investigation into 6,599 Completed
College
allegations of bullying
2000 Mr. Mike Ginn To assist and advise with a tender 121,682 Completed — no specific
competition for the supply of
report published
Medium Lift Helicopters for
Search and Rescue
2000/2001 Exselan Computer Systems E-Government Strategy Statement 22,093 Completed
2000/2004 Brian Meehan & Associates Grounds of appeal on behalf of the 20,682 Completed — no report
Minister relating to aeronautical
published
development planning &
development control matters
adjacent to Casement
Aerodrome
2001 Intercontinental Aviation Carry out an Air Operations Safety 55,442 Completed
Consultants
Audit of the Air Corps
2001 Deloitte & Touche Study in relation to the introduction 127,925 Completed
of the Management Information
Framework in the Defence
Forces
2001 Saville & Holdsworth Ltd. Assist in the conduct of job 44,268 Completed
evaluation for the Defence
Forces
2001/2002 Dr. Eileen Doyle (Chairperson) Report concerning 63,000 Completed. Published in
the nature and extent of any
March 2002 and submitted
harassment, bullying,
to Minister. Report
discrimination and sexual
implemented
harassment in the Defence
Forces
2001/2002 Gallagher & Kelly Public Public relations service 32,048 Completed
Relations
2001 Margaret Considine Assist in selection of advertising 4,920 Completed
agency
\

911 Questions— 25 January 2006. Written Answers 912
[Mr. O’Dea.]
Year Name Purpose Cost Report status
2002 Sweeney Communications Public relations service 12,235 Completed
2002/2004 Dr. Eileen Doyle Chairperson, Monitoring Group set 161,259 Monitoring Group Report
up to give effect to
published on 24 September
recommendations of the Report
2004 and submitted to
concerning harassment, bullying,
Minister
discrimination and sexual
harassment in the Defence
Forces
2003 Mr. Colm Dunne Expenditure Review on 3,220 Completed — no specific
Maintenance of Aircraft in the
report produced
Air Corps
2003/2004 Mr. Martin McCoy Assist in the Department’s 10,150 Completed
preparations to seek ISO 9000
accreditation
2003 Deloitte & Touche Assist with specifications and 26,740 Completed
selection of Management
Information Framework System
2003 Ray Byrnes B.L. Legal Services 1,800 Advice completed and report
received
2004 Connolly, Sellors & Legal Services 4,598 Advice completed and report
Geraghty
received
2004 Goldsmith Fitzgerald Climate Survey analysis in relation 1,800 Completed
Partnership
to the performance management
and development system
(PMDS)
2005 Occupational Health Provision of information sessions 35,869 Completed
Consultants
for civilian employees in relation
to asbestos
2005 Dr. Charles O’Malley Medical Adviser for Civil Defence 6,400 Set Ongoing (Term of 3 years
fee per from May 2005)
annum
2005 Millward Brown IMS Research into public information 22,264 Ongoing — reporting by 31
and awareness on emergency January 2006
planning
\
Planned expenditure in 2006 is as follows:
Year Name Purpose Cost Report status
2006 Dr. Charles O’Malley Medical Adviser for Civil Defence 6,400 Set On-going (Term of 3 years
fee per from May 2005)
annum
2006 Millward Brown IMS Research into public information 22,264 On completion of report due
and awareness on emergency by 31 January 2006
planning
\
In addition, consultants with appropriate expertise
are engaged by the Department as necessary
to provide technical services in connection with
building, engineering and equipment projects etc.
and in connection with psychometric testing for
Army, Naval Service and Air Corps cadetships
and trainee technicians.
With regard to legal experts, the State’s own
legal costs are charged to the Vote of the Office
of the Chief State Solicitor and are not specifically
identifiable within the overall expenditure
on legal costs borne by that office. It should also
be noted that the Department has never included
the following projects as consultancies: Oracle
EMEA Ltd. has an ongoing contract in respect
of implementation services for installation of new
financial and management information systems
for the Department and the Defence Forces. The
full value of the contract is \3.2 million, inclusive
of VAT, and of this amount, \2 million has been
paid to date, with the remainder to be paid in
2006 and payment of \2.6 million, to date, to
Hewlett Packard in respect of a contract signed
on 18 December 2002 between the Department
of Defence and Hewlett Packard Ireland Limited
for the supply and maintenance of shore and ship
based components of a fisheries control project.
The main objective of the project is to collect,
manage and disseminate fisheries protection
information to support all relevant stakeholders.
The full value of the contract is \3.2 million. The
contract will be completed this year.

913 Questions— 25 January 2006. Written Answers 914
Superannuation Payments.
1419. Mr. P. McGrath asked the Minister for
Defence the amount of money collected by his
Department by way of superannuation payments
by employees in 2003, 2004 and 2005; and where
applicable, the amount paid into the social
insurance fund by those employees in each of
these years; and if he will make a statement on
the matter. [1818/06]
Minister for Defence (Mr. O’Dea): The
amounts collected by my Department in 2003,
2004 and 2005 by way of superannuation contributions
(covering both personal and spouses’ and
children’s superannuation benefits) are:
Employee 2003 2004 2005
Category
\ million \ million \ million
Military personnel (1) 4.888 5.208 5.544
Civilian Employees (2) 0.102 0.144 0.133
Civil Servants (2) 0.200 0.231 0.244
Notes:
(1) Brought to account as appropriations-in-aid under Vote 37
— Army Pensions.
(2) Brought to account under Vote 7 — Superannuation and
Retired Allowances.
The amounts deducted from these employees in
respect of all classes of PRSI, including health
contribution, for the years in question are:
Employee Category 2003 2004 2005
\ million \ million \ million
Military personnel 16.595 17.683 18.525
Civilian Employees 1.240 1.518 1.476
Civil Servants 0.440 0.479 0.487
Defence Forces Property.
1420. Mr. Timmins asked the Minister for
Defence the Department lands that were disposed
of from 1 January 2005 to 10 January 2006;
the way in which these lands were disposed of
and to whom; the funding that was received; and
if he will make a statement on the matter.
[1898/06]
Minister for Defence (Mr. O’Dea): The following
properties were disposed of by my Department
during the period in question.
Property Details of Disposal Purchaser
No. 9 Married Quarters, Bere Island, County Sold to successors in title to original John and Angela O’Sullivan, 288
Cork landowner. Collins Park, Beaumont, Dublin 9
Premises at Killorglin, County Kerry Disposed of to Kerry County Council Kerry County Council
to facilitate development of a
major town development project.
Water Supply System and Wayleave, Disposed of to Council for public Clare County Council
Knockalisheen, Co. Clare
amenity use.
Strip of small effectively landlocked ground at Disposed of to adjacent landowners. Noel, David and Michael Casey, 9
Sarsfield Barracks, Limerick
Verona, Esplande, O’Connell
Avenue, Limerick
Fort Camden, Crosshaven, County Cork Disposed of to Council for heritage Cork County Council
and amenity use.
No. 6, Orchard Park, Curragh, County Kildare Sold to occupant Daniel Campion, No. 6, Orchard
Park, Curragh, County Kildare
No. 73, Orchard Park, Curragh, County Sold by tender Kevin Forde, 35 The Great Southern,
Kildare
Station Road, Newbridge, County
Kildare
No. 15, Orchard Park Curragh, County Kildare Sold by tender Kevin McBride, 52 Curragh View,
Brownstown, County Kildare
The total value of the above disposals amounted
to \285,000 approximately.
Bullying in the Defence Forces.
1421. Mr. Timmins asked the Minister for
Defence the policy to deal with bullying in his
Department; if same has been circulated to all
employees; if there are outstanding law cases
regarding the issue by employees; if cases were
dealt with or settled since 1 January 2000, and if
so, the number of same; if his Department has
legislation dealing with the issue of bullying or
plans to introduce such legislation; and if he will
make a statement on the matter. [1914/06]
Minister for Defence (Mr. O’Dea): “A Positive
Working Environment: an Anti Harassment, Sexual
Harassment and Bullying Policy for the Civil
Service” is the Civil Service policy for dealing
with harassment, sexual harassment and bullying
in the workplace. The original policy, introduced
in July 2000, has been recently revised to reflect
developments at national and EU level since the
publication of the original policy, as well as taking
on board the experience gained in the Civil
Service in the operation of the policy. The revised

915 Questions— 25 January 2006. Written Answers 916
[Mr. O’Dea.]
policy has been circulated to all staff and will be
formally launched by the Secretary General of
my Department this week. The revised policy
came into operation on 1 September 2005. The
human resources branch of my Department
monitors the issue of bullying and deals with any
instances in line with the Civil Service policy. A
complaint has been made to the equality tribunal
by one civil servant in my Department. There
have been no legal cases involving civil servants
since 1 January 2000.
In regard to the State industrial employees, or
civilian employees, of this Department, the policy
to deal with bullying is also covered by “A Positive
Working Environment”. Information regarding
this policy was included in an employee handbook
recently issued to all employees and copies
of the policy document are available to civilian
employees on request from the human resources
branch of my Department. The extension of the
revised policy to State industrial employees is
currently under consideration by the Department
of Finance and the various Departments that
employ State industrial employees. My Department
is currently dealing with two on-going legal
cases concerning bullying involving civilian
employees. No other such cases have been dealt
with or settled since 2000.
I do not have any plans to introduce legislation
in this matter for the Defence Forces as there are
in place existing military administrative instructions
to address this issue where it arises. These
administrative instructions are made pursuant to
the Defence Act 1954 and Defence Forces regulations.
Defence Forces administrative instruction
part 7 codifies the policy and procedures in the
conduct of interpersonal relationships and procedures
available to personnel concerning the
reporting and investigation of allegations of
bullying in the Defence Forces. The Defence
Forces have had such formal policies and procedures
on bullying and sexual harassment in
place since February 1996. The report of the
Government task force on the prevention of
workplace bullying in March 2001 required all
public and private organisations to reassess their
policies in this area. In 2001, the Defence Forces
commenced a re-examination of procedures to
bring them into line with the best practice in both
the wider public service and in the private sector.
Administrative instruction part 7, which deals
with the procedures concerning allegations of
bullying, was revised to reflect developments in
best practice. The instruction in its updated current
format was introduced in March 2003. The
updated instruction and a user’s guide were distributed
to every member of the Permanent
Defence Force. The Defence Forces and the
Department have taken a wide variety of initiatives
in relation to the Defence Forces since Dr.
Eileen Doyle and the external advisory committee,
tasked with examining this issue in the
Defence Forces, presented their original report,
“The Challenge of a Workplace” in March 2002.
This independent report addressed the range of
interpersonal issues within the Defence Forces.
Its contents and recommendations were accepted
in full.
Implementation of the recommendations of the
Doyle report has been one of the highest priorities
for the Defence Forces and the Department
since its publication. an independent monitoring
group established in May 2002 to oversee the
implementation of these recommendations
reported to my predecessor on 24 September
2004. The independent monitoring group’s progress
report, “Response to the Challenge of a
Workplace” is available on the Defence Forces
website and describes in detail the very significant
progress achieved since the publication of the
original Doyle report in 2002.
Arising from the Doyle report, the following
steps have been taken with regard to the Defence
Forces. Firm guiding principles have been set out
in the Defence Forces dignity in the workplace
charter. A major educational awareness programme
is ongoing throughout the Defence
Forces. A new administrative instruction on interpersonal
relationships was introduced in March
2003. The instruction and a user’s guide were distributed
to every member of the Permanent
Defence Force. Some 188 of a planned 200 designated
contact persons, or DCPs, have been fully
trained and are deployed throughout all Defence
Forces posts and barracks, both countrywide and
overseas. The DCPs will facilitate the operation
of the formal and informal procedures that may
be used by any party wishing to institute a complaint.
an independent external confidential free
phone helpline and counselling service was set up
for members of the Permanent Defence Force in
March 2003. an independent pilot project of exit
interviews seeking the experiences and views of
outgoing members of the Permanent Defence
Force was conducted. Leadership training has
been given by external experts and has been the
subject of NCO focus groups with an emphasis
on training the trainers. Changes in cadet school
instruction have been initiated and issues concerning
the ranking, selection and training for
cadet school instructors are being addressed.
Defence Forces regulations, administrative
instructions, policies and procedures have been
reviewed by an equality steering group under a
Labour Court chairperson. The Defence Forces
Ombudsman has now been appointed and the
practical arrangements for the operational
aspects of her office are in progress. an officer
within the Defence Forces human resources management
section has been assigned responsibility
for Equality matters. A training circular entitled
“Military Code of Conduct for Students and
Instructors in all Training Environments” was
issued in 2004 and was followed by an extensive

917 Questions— 25 January 2006. Written Answers 918
series of associated workshops for all relevant
personnel.
The Chief of Staff has repeatedly emphasised
that he has recognized the necessity to tackle this
matter in a fundamental way at all levels of the
Defence Forces and has demonstrated a very
active and genuine commitment in the area. He
has emphasised that it is incumbent on all commanders
to ensure that best practice in the management
of personnel is fostered at all levels in
order to eliminate the problems identified in the
Doyle report. Policies on equality, dignity and
bullying are being constantly communicated to all
ranks within the Defence Forces. I am satisfied
that the military authorities are alert and vigilant
to this issue and are committed to addressing the
matter in a continuing and proactive manner
through educational modules on interpersonal
relationships which are now embedded in career
courses for all ranks. The matter continues to
receive the highest priority in the Defence Forces
in terms of incorporating the correct ethos in
training at all levels and in terms of maintaining
the resources necessary to assist personnel in
tackling difficulties where they may arise. With
regard to legal cases, my Department has
received a number of personal injury claims alleging
bullying or sexual harassment. The number of
cases disposed of after 1 January 2000 are shown
below, along with the number of cases currently
outstanding.
Personal Injury Claims
Category Bullying Sexual Harassment/Abuse
14 Cases 9 Live 8 Cases 6 Live
2 Settled 1 Settled
1 Taken over by another party 1 No Proceedings
issued to date
2 Withdrawn
Totals: 14 Cases 9 Live 8 Cases 6 Live
Departmental Remuneration.
1422. Mr. Timmins asked the Minister for
Defence the bonuses that were paid to his staff
for the year ending 31 December 2005; the
amount of money that was paid; the way in which
this was calculated; and if he will make a statement
on the matter. [1929/06]
Minister for Defence (Mr. O’Dea): Civil
Service posts at the levels of assistant secretary
and deputy secretary are covered by a scheme of
performance related awards. The operation of the
scheme is overseen by the committee for performance
awards. The funding of awards is based
on 10% of the payroll for the posts covered by
the scheme. Within this overall limit, payments of
up to 20% can be made to individuals. Prior to
the introduction of the revised scheme in 2002,
the previous scheme for assistant secretaries was
based on 4% of the payroll for the posts of assistant
secretaries. Details of the procedures, the
numbers covered by the scheme, the range of
awards and the total amounts paid in Departments
are outlined in the annual reports of the
committee which are available on the Department
of Finance website. The committee does not
identify the amount paid to individuals as this is
regarded as personal information. The matter of
the amounts to be awarded to assistant secretaries
in my Department in respect of 2005 is currently
under consideration.
Performance awards for other grades are made
to individual staff members and to groups of staff
by way of recognition for exceptional performance
of duty. In assessing eligibility for awards,
regard is given to the nature and quality of the
activities involved and to the circumstances under
which they were carried out. Attention is also
paid to the grade level of the staff members concerned
and to what would be regarded as high
quality performance from staff in such grades. No
such awards were made to staff in my Department
in 2005.
Service Medals.
1423. Mr. Noonan asked the Minister for
Defence the Government’s views on providing
service medals to persons who joined the Army
in 1922 and served for a number of years; if such
an initiative will be supported; and if he will make
a statement on the matter. [1940/06]
Minister for Defence (Mr. O’Dea): The following
tables list the medals issued by my Department.
The medals indicated in the first table are
issued for service spanning the period 1916 to 31
July 1924, the date on which the present day
Defence Forces were legally established. The
medals in the second table are those which are
issued for service with the present day Defence
Forces since their establishment in 1924. No
medals have ever been struck for personnel who
had military service in the period 1921 to 1939, a
period that includes service with the then
National Army of Saorstát Éireann during the
civil war period of 1922-1924. Given the unreliability
of the records for that period, assessing

919 Questions— 25 January 2006. Written Answers 920
[Mr. O’Dea.]
individual eligibility would now be very problematical.
Medals issued for Service before 1924
1916 Medal
Service Medal (War of Independence)
Commemoration Medals (1966) Anniversary of Easter
Rising
Commemoration Medals (1967) Anniversary of the War of
Independence / Truce
Medals issued for Service after 31 July 1924
Emergency Service Medal
Good Conduct Medal
Service Medal
Military Medal For Gallantry
Distinguished Service Medal
Service Medal (Reserve Defence Force)
UN Peacekeepers Medal
Military Star
Defence Forces Procurement.
1424. Mr. Kenny asked the Minister for
Defence if his Department has produced an
annual corporate procurement plan in respect of
each of the years 2000 to 2005; and if he will make
a statement on the matter. [2249/06]
Minister for Defence (Mr. O’Dea): The framework
for the production of annual corporate procurement
plans was developed by the national
public procurement policy unit in the Department
of Finance during 2005. This is to apply to
major infrastructural and network projects valued
at \30 million or over. The White Paper on
Defence which was published in 2000 set out the
policy on defence for this decade with a view to
ensuring an appropriate level of defence capability
having regard to the changing defence and
security environment both at home and abroad.
The modernisation of the Defence Forces is an
integral part of this policy. This has involved a
multi-annual programme for the purchase of new
equipment and the provision of improved accommodation
and facilities for the Defence Forces.
This has been implemented on the basis of procurement
plans drawn up each year based on
budget allocations.
Departmental Bodies.
1425. Ms Shortall asked the Minister for
Defence the bodies under the aegis of his Department
which have not provided him with a 2004
annual report; and in the case of each body from
whom he has received such a report if same has
been laid before the Houses of the Oireachtas.
[2288/06]
Minister for Defence (Mr. O’Dea): The position
regarding the provision of annual reports by
the bodies under the aegis of my Department is
as follows. It is not the practice for the Army Pensions
Board to provide me with an annual report.
Coiste an Asgard provided an annual report for
2004 and the report was laid before the Houses
of the Oireachtas. The Civil Defence Board is a
new State authority established in May 2003 by
an Order made under the Civil Defence Act 2002.
The board initially concentrated its energies in
preparing the first ever strategic plan for civil
defence, copies of which I arranged to have laid
before the Houses in 2005. The board is now
finalising its annual report for 2004 for presentation
to me and I will arrange to have copies of
that report laid before the Houses of the
Oireachtas at an early date.
Cash in Transit.
1426. Mr. Ring asked the Minister for Defence
the amount the Government spends each year for
security in moving money and cash around the
country, and the details of the costs for each of
the past five years. [2679/06]
Minister for Defence (Mr. O’Dea): The total
cost in respect of the provision by the Defence
Forces of assistance to the Garda Síochána in
protecting movements of cash for the years 2000
to 2004, the details not yet available for 2005,
including pay, allowances, transport and aerial
surveillance, was as follows.
Year 2000 2001 2002 2003 2004
Total number of escorts 2,285 2,488 2,516 2,335 2,425
Cost of Escorts \5.7 million \6.57 million \6.87 million \6.5 million \7.5 million
An annual contribution of \2.86 million has been
paid by the banks to my Department in respect
of the provision of cash escorts. This figure was
set by the Department of Finance in the 1995
budget and had not been altered since. The contribution
from the banks was designed to partcover
the total costs to the State of providing cash
escorts. At that time, the contribution covered
approximately 72% of the total cost arising to the
Defence Forces. Based on annual costings by the
Department, the relative level of the contribution
had fallen in real terms over the years to the
situation where it was only covering 43% of the
total costs.

921 Questions— 25 January 2006. Written Answers 922
I had a number of discussions with the Irish
Bankers Federation on this matter last year, with
a view to increasing the level of contribution by
the banks in respect of the costs incurred by the
Department in the provision of cash escorts. Following
detailed and intensive discussions between
officials of the IBF, the member banks and the
Department, a detailed formal agreement was
signed on 11 May 2005.
This agreement, which is for a five year period,
provides that the banks will pay the total actual
costs incurred by the Defence Forces in the provision
of cash escorts. Costs in respect of each 12-
month period to end-December, will be paid the
following year on or before 1 June. This is to
allow for the compilation of returns from the
brigades and allocation of costs following the year
end. The first payment under the new system will
be paid in June 2006. I have, at the banks’
request, agreed to defer the first payment to that
date to meet the banks’ budgeting and accounting
timeframe. In return for my agreement to this
deferral, a transitional payment of \1 million,
payable before end 2005, was negotiated as part
of the overall agreement. Therefore, in 2005 the
banks made their annual payment of \2.86 million
plus the additional \1 million making a total
contribution of \3.86 million. The costs for the
banks in any future year will be determined by
the actual costs incurred by the Defence Forces
in the provision of the cash escorts in the previous
year and thus are not available at this time. The
payments by the banks will be paid directly to
my Department.
We have now agreed a very open and transparent
system for agreeing the costs in respect of
the Defence Forces and this should stand the test
of time. The agreement resolves the issue of the
banks’ contribution in respect of cash escort costs
for the foreseeable future.
Freedom of Information.
1427. Ms Burton asked the Minister for
Defence the public bodies and agencies within his
Department exempted from the full remit of the
freedom of information legislation; and if he will
make a statement on the matter. [2744/06]
Minister for Defence (Mr. O’Dea): The public
bodies under the aegis of my Department that are
currently exempt from the remit of the freedom
of information legislation are Coiste an Asgard
and the Civil Defence Board. In October 2005 the
Government decided to extend the application of
FOI legislation to include Coiste an Asgard and
the Civil Defence Board. The Minister for Finance
will bring forward the necessary regulations
to provide for the extension of FOI to these
bodies shortly.
Debt Collection.
1428. Mr. M. Higgins asked the Minister for the
Environment, Heritage and Local Government if
he will convey his view to the Chief State Solicitor’s
office that the Government does not wish
the instruction to a debt collection agency to be
proceeded with on its behalf against a group
(details supplied) regarding the State’s legal
cost. [40238/05]
1429. Mr. M. Higgins asked the Minister for the
Environment, Heritage and Local Government if
the instructions of the Chief State Solicitor’s
office on behalf of the Commissioners of Public
Works here to hire a debt collection agency
(details supplied), was a decision of the Cabinet;
if he will revisit this decision by the Government
or its agents in view of the fact that the State lost
all but one of the legal cases taken by a group
(details supplied), and that the public good was
served by way of clarification and subsequent
legislation through the actions taken by the
group. [40240/05]
1460. Mr. Boyle asked the Minister for the
Environment, Heritage and Local Government if
his Department will cover costs being sought by
the Chief State Solicitor’s office against persons
who initiated an action preventing unwarranted
development at Mullaghmore, County Clare.
[1138/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I propose to
take Questions Nos. 1428, 1429 and 1460
together.
I understand that the Chief State Solicitor’s
office will not be pursuing costs in this case. The
solicitors for the group concerned have been notified
accordingly.
Environmental Protection.
1430. Mr. Quinn asked the Minister for the
Environment, Heritage and Local Government
further to Article 10 of Council Framework
Decision 2003/80/JHA of 27 January 2003 on the
protection of the environment through criminal
law committed Ireland to adopting the measures
necessary to comply with its provisions by 27
January 2005 and, by 27 April 2005 at the latest,
to have communicated to the General Secretariat
of the Council and to the Commission the texts
of the provisions transposing into Irish law the
obligations agreed in the Framework Decision, if
Ireland is in full compliance with Article 10, if
not, the reason therefor; if the commitments set
out in Article 10 of Council Framework Decision
2003/80/JHA of 27 January 2003 on the protection
of the environment through criminal law
have not been met by Ireland; and the steps open

923 Questions— 25 January 2006. Written Answers 924
[Mr. Quinn.]
to the European Commission to ensure compliance.
[40345/05]
1447. Mr. Quinn asked the Minister for the
Environment, Heritage and Local Government if
Ireland has ratified the Council of Europe convention
of 4 November 1998 on the protection
of the environment through national law; if the
convention has not been ratified, the reason
therefor; and if he will make a statement on the
matter. [40341/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I propose to
take Questions Nos. 1430 and 1447 together.
In common with most EU member states,
Ireland has neither signed nor ratified the 1998
Council of Europe Convention on the Protection
of the Environment through Criminal Law. Only
Estonia has ratified the convention to date.
In 2001 the EU Commission brought forward
a proposal for a Directive which comprised the
main elements of the convention. The majority of
member states opposed the approach of making
a directive to provide for the necessary provisions
on criminalisation. Accordingly the Council
adopted a Framework Decision 2003/80/JHA of
27 January 2003 on the protection of the environment
through criminal law. However this was
subsequently annulled by the European Court of
Justice on 13 September 2005 on foot of an action
taken by the EU Commission that the aim and
content of the Framework Decision in relation to
the protection of the environment through criminal
law were more appropriate to a directive.
The main objective of the Framework Decision
had been to impose an obligation on member
states to provide for criminal sanctions in the case
of specified serious intentional or negligent
environmental offences. It would have been left
to the discretion of member states to decide on
the level of penalties so long as they were effective,
proportionate and dissuasive.
The Government is fully aware of the importance
of effective deterrents for breaches of
environmental law. In particular the provisions of
the Protection of the Environment Act 2003, the
Waste Management Act 1996 and the Water
Services Bill 2003 provide for significant penalties
for breaches of environmental law.
Compulsory Purchase Orders.
1431. Mr. Naughten asked the Minister for the
Environment, Heritage and Local Government
his plans to establish a special court to settle compensation
claims on compulsory purchase order
land for infrastructure; and if he will make a
statement on the matter. [1008/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The legislation
governing compulsory land acquisition by local
authorities provides for the payment of compensation
for lands acquired by them on the authorisation
of a duly confirmed CPO. The amount of
compensation payable by local authorities for
land acquired by them is solely a matter for negotiation
between the landowner and the local authority
concerned. In the event of dispute, either
party may refer the case to the property arbitrator
appointed by the land values reference
committee. I have no proposals to amend the
legislation in the manner outlined in the question.
National Heritage Areas.
1432. Mr. J. O’Keeffe asked the Minister for
the Environment, Heritage and Local Government
the ongoing obligations of landowners in
national heritage areas. [1517/06]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. N. Ahern): I assume that the question refers
to natural heritage areas, which are designated
under the provisions of the Wildlife
(Amendment) Act 2000. To date 148 NHAs,
mainly comprising raised bog and blanket bog
habitats, have been statutorily designated.
The Act provides for the imposition of restrictions
on the carrying out of works, usually
referred to as notifiable actions, which are likely
to destroy or to significantly damage a natural
heritage area and which are specified in the order
designating the site. Where such works are not
being carried out with benefit of planning permission,
landowners are obliged to give notice in
writing to my Department of their intention to
carry out such works. The detailed provisions
governing granting or refusal of consent in such
cases are set out in section 19 of the Act.
Decentralisation Programme.
1433. Mr. Howlin asked the Minister for the
Environment, Heritage and Local Government
the position on the decentralisation of the
Department of the Environment, Heritage and
Local Government to Wexford; if a site has been
acquired in Wexford; the number of staff who
have indicated their willingness to move to
Wexford, when the new headquarters will begin
construction; the amount of money allocated for
this specific project in 2006; and if he will make a
statement on the matter. [2163/06]
1437. Mr. Kehoe asked the Minister for the
Environment, Heritage and Local Government
the date on which sections within his Department
will be transferring to Enniscorthy, County
Wexford, as part of the decentralisation prog-

925 Questions— 25 January 2006. Written Answers 926
ramme; and if he will make a statement on the
matter. [40204/05]
1438. Mr. Kehoe asked the Minister for the
Environment, Heritage and Local Government
the date on which sections within his Department
will be transferring to New Ross, County
Wexford, as part of the decentralisation programme;
and if he will make a statement on the
matter. [40205/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I propose to
take questions Nos. 1433, 1437 and 1438 together.
My Department is co-operating with the
Department of Finance, the decentralisation
implementation group, and the Office of Public
Works to ensure the Government’s decentralisation
programme is implemented efficiently and
effectively. A decentralisation implementation
team has been established to oversee the arrangements
for the transfer of the Department’s
Dublin-based staff to four locations in the southeast,
including Wexford and New Ross. Implementation
plans, setting out the issues to be
addressed in implementing the decentralisation
programme for this Department, have been submitted
to the decentralisation implementation
group. These plans are also published on my
Department’s website at www.environ.ie.
Under the Government’s decentralisation
programme my Department will transfer its headquarters,
comprising some 249 staff, to Wexford
town and a unit of 125 staff to New Ross. The
indicative dates for the completion of above
transfers are the third quarter of 2007 and early
2009, respectively.
At this stage a total of 112 staff within the Civil
Service, including my Department, have confirmed
their availability to move to Wexford.
Thirty four of these are now in the Department
and the process of agreeing arrangements for the
early transfer of the others to the Department has
commenced. The Office of Public Works, which
provides the budget for the procurement of office
accommodation, is evaluating site options at
present. There is no proposal for any part of my
Department to transfer to Enniscorthy.
Architectural Heritage.
1434. Mr. McGuinness asked the Minister for
the Environment, Heritage and Local Government
if his Department will respond to a request
for funding or assistance relative to a project
(details supplied) in County Kilkenny; the level
of funding available for projects of this kind and
the source from which funds are available; and if
he will make a statement on the matter.
[2347/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): No request has
been made to fund this project to my Department.
As a protected structure on Kilkenny Borough
Council’s record of protected structures, the
owners of the Rothe House would be eligible to
apply to the council for a grant under the scheme
of architectural protection grants which is administered
by local authorities and resourced by my
Department. The standard amount of grant is
50% of the approved cost of works, up to a
maximum of \13,000. A local authority may in
exceptional circumstances determine an amount
greater than the standard amount up to a
maximum of \25,000.
Funding for architectural heritage protection is
also provided directly by the Heritage Council
under their buildings at risk programme and the
council also administers certain one-off grants
directly on my behalf. In addition, tax relief is
available under 482 of the Taxes Consolidation
Act 1997 for expenditure incurred on the repair,
maintenance or restoration of an approved building
or garden where certain requirements regarding
public access are met. The National Development
Plan 2000-2006 provided support for local
authorities, civic trusts, and other not for profit
bodies to upgrade buildings of significant architectural
heritage merit and which are in public
ownership or open to the public generally. This
grant scheme is administered by my Department.
The closing date for the 2006 scheme for the east
region was 23 October 2005. Maximum funding
available under the scheme is generally some
\30,000.
Marine Conservation.
1435. Mr. Eamon Ryan asked the Minister for
the Environment, Heritage and Local Government
the obligations on his Department to designate
marine special areas of conservation under
Natura 2000; if his Department has been in communication
with the European Commission in
that regard; the position of the Commission in
relation to same; and if migratory paths for
salmon have been considered for inclusion as
nominated areas. [2520/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): In common with
other EU member states, Ireland has an obligation
to complete the designation of special
areas of conservation for certain marine habitats
and species. Following on this obligation, my
Department has transmitted some 420 candidate
SACs for adoption by the European Commission,
of which more than 70 have a marine element and
28 were chosen principally for the wealth of their
marine biological diversity. Criteria for selection
of sites for certain marine habitats are still under
scientific review at EU level. In the meantime

927 Questions— 25 January 2006. Written Answers 928
[Mr. Roche.]
further designation proposals, focusing particularly
on cold water coral reefs, are being prepared
within my Department. Council Directive
92/43/EEC on the conservation of natural habitats
and of wild fauna and flora, or the habitats
directive, provides the basis for the selection and
designation of SACs. As salmon is listed in the
directive as a species for which sites are to be
designated only in fresh water, migratory routes
for salmon are not being considered in the selection
of marine SACs.
Water Quality.
1436. Mr. Kehoe asked the Minister for the
Environment, Heritage and Local Government if
he has received the report on phthalate contamination
of waters here; if so, the action he will take
on foot of the report recommendations; if same
will be published in full; and if he will make a
statement on the matter. [40203/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Statutory
responsibility for the monitoring and management
of water quality lies primarily with local
authorities and the Environmental Protection
Agency and, in relation to marine waters, with
the Department of Communications, Marine and
Natural Resources and the Marine Institute.
Phthalates comprise a group of substances
which are widely used in the plastics industry and
which are of concern due to their potential endocrine-disrupting
effects. The Environmental Protection
Agency funded a survey in 2003 by Cork
Institute of Technology on the occurrence of
endocrine-disrupting substances in the Irish
aquatic environment. The analysis of the results
does not reveal any intersex, i.e. the simultaneous
presence of male and female tissue, in any of the
waterbodies surveyed. A synthesis report will be
issued within a few weeks and a full report will
be issued later this year. The issue of the report
had been scheduled for mid-2005 but delays
occurred in its completion.
A comprehensive screening programme began
in March 2005 with the aim of establishing the
relevance of over 200 dangerous substances,
including phthalates, in the context of Irish
waters. The programme will run for a period of
18 months and a report is expected in 2007. The
programme, which is led by Carlow County
Council on behalf of all local authorities, is coordinated
by the EPA and funded by my Department.
It is one of several projects by local authorities
and other agencies to support implementation
of the water framework directive. The
results of the screening programme will inform
the process of establishing appropriate chemical
standards for Irish waters, and will be a major
factor in determining whether further measures
will need to be taken to protect our waters from
pollution by phthalates. Regard will also be had
to the results of reviews being carried out in relevant
international fora.
Questions Nos. 1437 and 1438 answered with
Question No. 1433.
Local Authority Housing.
1439. Mr. G. Murphy asked the Minister for the
Environment, Heritage and Local Government if
a former local authority tenant who owns a house
cannot partake in a scheme that would allow
them to cash in on the equity in order to help
finance their retirement or illness due to the local
authority restrictions on the sale of a house; and
if he will make a statement on the matter.
[40231/05]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. N. Ahern): The first resale of houses sold
under the tenant purchase scheme requires the
consent of the local authority. This condition,
which applies for a period of 20 years from the
original date of the tenant purchase, requires a
housing authority to satisfy itself that a person
purchasing the house is in need of housing. The
condition would also preclude the first resale of
a tenant purchase house to a company operating
equity release schemes. It would however remain
possible for the owner of a tenant purchase house
to take out a mortgage secured against the property.
This issue will be considered further in the
context of the proposed new tenant purchase
scheme for local authority tenants announced as
part of the new housing policy framework published
in December 2005.
Water and Sewerage Schemes.
1440. Mr. Grealish asked the Minister for the
Environment, Heritage and Local Government
the status of the sewerage scheme project in
Clifden, County Galway; and if he will make a
statement on the matter. [40235/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Clifden
sewerage scheme is included in my Department’s
Water Services Investment Programme 2005-2007
as a scheme to start construction in 2007. Further
consideration will be given by my Department to
Galway County Council’s preliminary report,
supplementary site location report and hydrographic
marine survey for the scheme on receipt
of additional information my Department has
requested from the council.
Public Safety Zones.
1441. Mr. P. Breen asked the Minister for the
Environment, Heritage and Local Government if,

929 Questions— 25 January 2006. Written Answers 930
regarding his Department’s proposed guidelines
on public safety zones at State airports, he
intends to incorporate the ERM recommendation
that the building of schools, hospitals and facilities
attracting large numbers of persons should be
prohibited within such outer public safety zones;
and if he will make a statement on the matter.
[40243/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): My Department
is currently preparing draft guidelines for planning
authorities on public safety zones at State
airports and in this context is considering the
ERM recommendations. When the draft guidelines
are completed they will be issued for
public consultation.
Environmental Impact Statements.
1442. Mr. Gilmore asked the Minister for the
Environment, Heritage and Local Government
when the threshold of 25,000 tonnes per annum
for an EIS for waste transfer stations was set; the
threshold prior to that; and the reason for changing
the threshold. [40247/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The threshold
above which an environmental impact statement
is required in connection with applications for
waste transfer stations is a waste intake of 25,000
tonnes per annum. The threshold was originally
set in 1989 in respect of waste disposal installations
generally and there is no proposal to
review it.
Water and Sewerage Schemes.
1443. Mr. Gilmore asked the Minister for the
Environment, Heritage and Local Government
the status of the proposed sewage treatment plant
(details supplied) in County Mayo. [40251/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Belmullet
and Foxford sewerage schemes are being
advanced as a joint project and are approved in
my Department’s water services investment programme
2005- 2007 to commence construction this
year. Further consideration will be given by my
Department to Mayo County Council’s preliminary
reports and water services pricing policy
reports for both schemes on receipt of the
additional information requested from the
council earlier this month. Once the preliminary
reports have been approved the council will be
in a position to proceed with the preparation of
contract documents.
The threshold above which an environmental
impact statement is required in connection with
applications for waste transfer stations is a waste
intake of 25,000 tonnes per annum. The threshold
was originally set in 1989 in respect of waste disposal
installations generally and there is no proposal
to review it.
Local Authority Funding.
1444. Caoimhghín ÓCaoláin asked the Minister
for the Environment, Heritage and Local
Government the categories of items on which
proceeds from the disposal of assets such as land
can be spent by local authorities; and if he will
make a statement on the matter. [40275/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I refer to the
reply of question No. 475 of 13 December 2005.
Proceeds from the sale of assets such as land are
applied for the replacement of the disposed asset,
the purchase of other assets or for other appropriate
purposes approved by the local authority.
Safe Home Programme.
1445. Mr. Kenny asked the Minister for the
Environment, Heritage and Local Government
the moneys paid in respect of the safe home programme
in each of the past ten years; if annual
reports have been furnished in respect of the
programme; if he has satisfied himself in relation
to those reports; if buildings are owned by his
Department where the programme is centred, if
not, the person who is the landlord; the extent of
such buildings or other assets; and if he will make
a statement on the matter. [40338/05]
1452. Mr. Kenny asked the Minister for the
Environment, Heritage and Local Government
the amount of funding over each of the past ten
years to date that has been allocated through the
voluntary housing capital assistance scheme to
the safe home programme; and if he will make a
statement on the matter. [40378/05]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. N. Ahern): I propose to take questions Nos.
1445 and 1452 together. Under the amendment
made to the terms of my Department’s voluntary
housing capital assistance scheme in November
2001, up to 25% of accommodation in projects
provided throughout the country by individual
voluntary housing bodies with funding under the
scheme may be allocated to elderly returning
emigrants who satisfy eligibility criteria in
relation to their present circumstances and are
included in the safe home waiting list.
The safe home organisation assesses applications
from returning elderly emigrants for
accommodation under the scheme and compiles
a list of eligible applicants and carries out a coordinating
role, liasing with relevant individual
voluntary housing bodies and local authorities
throughout the country in securing accommo-

931 Questions— 25 January 2006. Written Answers 932
[Mr. N. Ahern.]
dation in new or existing projects. Elderly emigrants
wishing to apply for such rental accommodation
may contact the safe home programme,
Saint Brendan’s Village, Mulranny, County
Mayo, to be included in its waiting list. The
organisation periodically furnishes reports to my
Department regarding the scheme. The units
remain the property of the particular voluntary
body providing the accommodation.
Since the amendment to the voluntary housing
capital assistance scheme in 2001 a total of 259
units of such accommodation have been provided
nationwide which includes 51 in County Mayo.
The funding allocated in respect of the provision
of accommodation and the administration and
general expenses towards the programme is set
out in the following table:
Year Funding allocated towards Funding allocated
the provision of to the Safe Home
accommodation
Programme
\ \
2002 782,586 60,000
2003 231,273 40,000
2004 879,712 60,000
2005 966,000 62,000
EU Directives.
1446. Mr. Quinn asked the Minister for the
Environment, Heritage and Local Government
the number of occasions Ireland has invoked
Article 23 of Directive 2001/18/EC on the deliberate
release into the environment of genetically
modified organisms; Ireland’s position on each of
the invocations of this clause by other Member
States to date; and if he will make a statement on
the matter. [40340/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): To date, Ireland
has not invoked Article 23 of Directive
2001/18/EC. At the Environment Council on 24
June 2005, the European Commission tabled proposals
to overturn invocations under this article
by other member states in respect of a number of
genetically modified products. Ireland voted
against the Commission’s proposals.
Question No. 1447 answered with Question
No. 1430.
1448. Mr. Quinn asked the Minister for the
Environment, Heritage and Local Government
the number of occasions Ireland has formally
moved to have the Commission consult the scientific
committees as provided for in Article 28 of
Directive 2001/18/EC on the deliberate release
into the environment of genetically modified
organisms on any matter under this directive that
may have an adverse effect on human health and
the environment; and if he will make a statement
on the matter. [40346/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): To date, my
Department has not requested the European
Commission to consult the relevant scientific
committee under the provisions of Article 28 of
Directive 2001/18/EC. However, before a proposal
on the placing on the market of a product
in accordance with Directive 2001/18/EC comes
to the regulatory committee for consideration,
the European Commission, as a matter of course,
consults the European Food Safety Authority
regarding the product concerned. The authority’s
advice is available to all EU member states in
advance of that meeting.
1449. Mr. Quinn asked the Minister for the
Environment, Heritage and Local Government
further to the fact that on 20 December 2004, the
Environment Council of the European Union
failed to take a decision on the European Commission’s
proposal for a Council decision authorising
the placing on the market of an oilseed rape
product genetically modified for tolerance to the
herbicide glyphosate, that there was no qualified
majority either to accept or to reject the Commission’s
proposal, that as a result, the Commission
adopted the proposal, on 31 August 2005,
as required by Article 5(6) of Council Decision
1999/468/EC laying down procedures for the
exercise of implementing powers conferred on
the Commission; the reason Ireland abstained on
this matter at 20 December 2004 Council; the
position taken by Ireland on all other Commission
proposals to authorise the placing of genetically
modified organisms on the market issued
under Directive 2001/18/EC on the deliberate
release into the environment of genetically modified
organisms, both in Council and in the regulatory
committee provided for in Article 5 of
Council Decision 1999/468/EC; and if he will
make a statement on the matter. [40347/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Ireland was
among a number of member states that abstained
on the proposal to place on the market an oilseed
rape product at the meeting of the regulatory
committee for the purposes of Directive
2001/18/EC on 16 June 2004. At that meeting, our
abstention had regard to the long-standing positive
but precautionary approach to modern
biotechnology endorsed by successive Governments;
the favourable opinion available on the
product from the Environmental Protection
Agency as Irish competent authority for the purposes
of the directive, following the agency’s consultations
with other relevant State agencies; and
consideration of the issues within my
Department.

933 Questions— 25 January 2006. Written Answers 934
At the Environment Council of 20 December
2004, Ireland was again among a number of
member states that abstained on the proposal.
Our abstention on that occasion again had regard
to the long-standing positive but precautionary
approach to modern biotechnology endorsed by
successive Governments; the favourable opinion
available to me on the product from the Environmental
Protection Agency as Irish competent
authority for the purposes of the directive, following
the agency’s consultations with other rel-
evant State agencies; and the previous consideration
of the issues within my Department. It also
had regard to the views of the Oireachtas Joint
Committee on the Environment and Local
Government and the outcome of the earlier discussion
of, and vote on, the product at the June
meeting of the regulatory committee. The Irish
voting position on other proposals brought forward
to authorise the placing of genetically modified
organisms on the market under Directive
2001/18/EC is set out in the following table.
Product Position at Regulatory Committee Position at Council
NK 603 maize In favour In favour
MON863 maize Abstain Abstain
1507 maize Abstain Abstain
MON863XMON810 maize Abstain Abstain
Ms8XRf3 oilseed rape Abstain Pending
1450. Mr. Quinn asked the Minister for the
Environment, Heritage and Local Government
further to Directive 2001/18/EC on the deliberate
release into the environment of genetically modified
organisms provides for the Commission to be
assisted by a regulatory committee made up of
representatives of the member states and that
Article 30(2) of the directive provides that, having
regard to Article 8, Articles 5 and 7 of
Council Decision 1999/468/EC laying down the
procedures for the exercise of implementing
powers conferred on the Commission and that
Article 5(6) of Council Decision 1999/468/EC
provides that in the event of no decision being
taken by the Council on a Commission proposal
to authorise the placing of a genetically modified
product on the market, the proposed measure
which will be adopted by the Commission; his
views on whether the provisions of Directive
2001/18/EC and Council Decision 1999/468/EC
should be revised; and if he will make a statement
on the matter. [40348/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): There is a
requirement on the European Commission to
report this year to the Council and the European
Parliament on the implementation and operation
of the various strands of the EU-wide legislative
framework relating to genetically modified organisMs
I expect that the question of whether procedural
changes are warranted will be addressed
in that report and considered further by the
Environment Council when it is presented to us.
Fire Service.
1451. Aengus Ó Snodaigh asked the Minister
for the Environment, Heritage and Local
Government the number of times the State has
been requested by the EU or other EU member
states to participate in responses to emergencies
with the provision of fire service personnel; the
number of times these requests have been met
fully; the number of times the State has failed to
meet them fully and if so, the reason for same;
his intentions to avail of the projects, workshops,
training programmes, exercises and expert
exchanges, and the funding for same available
under the EU civil protection mechanism and
community action programme; and if he will
make a statement on the matter. [40352/05]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Under the EU
civil protection mechanism, when a request for
assistance is received at the monitoring and information
centre, this request is transmitted to all of
the member states and offers of assistance are coordinated
by the MIC and relayed to the
requesting country. The requesting country then
decides which offers, or elements of offers, to
accept. Ireland participates fully in the EU civil
protection mechanism. When a request for assistance
is received by my Department from the
MIC, it is examined in consultation with other
Departments and relevant agencies and a
decision is made on whether an offer of assistance
can be made. While offers of assistance have been
made on occasions, no such offer has in fact been
taken up by the requesting country.
There is no record of a specific request for fire
services personnel as part of any disaster
response. On one occasion, this country offered
fire services personnel in response to a request
for search and rescue personnel but that offer was
not taken up by the requesting country; in practice,
countries which regularly experience incidents
such as earthquakes, volcanic eruptions,
major forest fires and major floods tend to have
significant contingency search and rescue capacity
and are in a position to provide substantial
resources to assist requesting countries at very
short notice.

935 Questions— 25 January 2006. Written Answers 936
[Mr. Roche.]
Ireland is fully committed to participation in
EU funded training programmes, exercises, and
expert exchanges into the future; because of eligibility
restrictions, the scope for participation has
been limited up to now but these restrictions have
now been lifted. EU training is essentially
directed at team leaders and incident assessors
and persons trained as team leaders or assessors
will be expected to be available to assist in disaster
relief if requested. Currently, two Irish nominees
are due to commence the basic induction
training course, which all potential team leaders
and incident assessors must attend, and it is
intended that that these persons will complete all
of the modules in the coming months. It is
intended that other suitable persons will be nominated
to attend future training programmes.
Question No. 1452 answered with Question
No. 1445.
Local Authority Housing.
1453. Mr. Allen asked the Minister for the
Environment, Heritage and Local Government if
the tenant purchase scheme operated by local
authorities will be reviewed (details supplied).
[40384/05]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. N. Ahern): In December 2005, with the
approval of the Government, I announced a new
housing policy framework. This sets out the fundamentals
of the Government’s vision for housing
policy over the coming years. One of the
elements in this framework is the introduction in
2007 of a new tenant purchase scheme for local
authority tenants. Further details will be made
available later in the year.
Local Authority Funding.
1454. Mr. Sargent asked the Minister for the
Environment, Heritage and Local Government if
funding will be made available to allow refurbishment
works to begin on the Fingal Arts
Centre in Rush, North County Dublin, to establish
the much needed library in the town; and if
he will make a statement on the matter.
[1005/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): In January 2004,
local authorities were asked to review their capital
programmes for library development and to
submit a prioritised list of proposals which they
wished to have considered by my Department in
its review of the programme. In its submission,
Fingal County Council listed Rush as joint third.
In October last year, I announced funding for
13 library projects. Due to the existing level of
commitments under the public library capital
programme, it was not possible to provide funding
for this project at that time. This position will
be kept under review in the light of capital available
for the library programme.
1455. Mr. Naughten asked the Minister for the
Environment, Heritage and Local Government
his plans to provide funding for a river management
project in the Shannon Basin; and if he will
make a statement on the matter. [1009/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): My Department
is providing full funding, at an approved cost of
\7.8 million, for the Shannon River basin district
project. This commenced in November 2002 and
is led jointly by Limerick County Council, Clare
County Council and Roscommon County Council
on behalf of the 18 participating local authorities
in the Shannon River basin district. It is one of
several projects established by local authorities
and other agencies to support implementation of
the EU water framework directive.
The completion date for the Shannon River
basin district project is December 2006. A proposal
has been received by my Department from
Limerick County Council for an expansion of the
terms of reference of the project, at an estimated
cost of \2.5 million, including an extension of its
timeframe to 2008. The proposal is under consideration
by my Department.
1456. Mr. O’Dowd asked the Minister for the
Environment, Heritage and Local Government
the progress to date in the provision of funding
by each department for the Drogheda Northern
Cross Route (details supplied); the nature of
meetings held and with whom; the submissions
received from Louth local authorities, Drogheda
Port Company and any other body or organisation;
and if he will make a statement on the
matter. [1023/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The provision
and improvement of non-national roads in
County Louth is a matter for Louth County
Council to be funded from its own resources supplemented
by State grants.
In March 2005, Louth County Council submitted
an outline proposal to my Department as
regards a Drogheda Northern Cross port access
route. That document identified a number of possible
sources of funding but provided no details.
The council was asked in May 2005 to submit an
indicative breakdown of the likely funding from
the different sources and that information is
awaited in my Department. Apart from informal
contacts with Louth County Council, the Department
has not engaged in any meetings regarding
the proposal.
In August 2005, the Department sought applications
from road authorities for funding under
the 2006 EU co-financed specific improvements
grant scheme. The initial selection of projects to

937 Questions— 25 January 2006. Written Answers 938
be submitted for consideration for funding under
this scheme is a matter for road authorities.
Louth County Council submitted a number of
applications but these did not include an application
for funding for the Drogheda Northern
Cross port access route.
Water and Sewerage Schemes.
1457. Mr. Neville asked the Minister for the
Environment, Heritage and Local Government
when a sewerage scheme in Athea, County
Limerick will be funded for refurbishment.
[1045/06]
1469. Mr. Neville asked the Minister for the
Environment, Heritage and Local Government
when the sewerage scheme will be upgraded in
Glin, County Limerick. [1274/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I propose to
take Questions Nos. 1457 and 1469 together.
These schemes, which are being advanced as
part of a grouped project, have been approved to
commence construction in 2007 in my Department’s
water services investment programme
2005-07. Further consideration will be given to
Limerick County Council’s fee proposals for the
consultants selected to prepare preliminary
reports for the schemes on receipt of the information
requested by my Department in
September 2005.
Social and Affordable Housing.
1458. Mr. Gilmore asked the Minister for the
Environment, Heritage and Local Government
his plans to amend section 10 of the Housing Miscellaneous
Provisions Act 2002 in view of the
difficulties which have arisen for shared ownership
purchasers of affordable housing with regard
to the activation of the claw-back mechanism on
re-mortgaging; and if he will make a statement on
the matter. [1090/06]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. N. Ahern): Houses sold under the various
affordable housing schemes at a discount from
market value contain a claw-back provision which
is necessary to ensure there is no short-term
profiteering on the resale of a house. Traditionally,
local authorities were the sole supplier of
mortgage finance for affordable housing and they
registered the clawback as a charge on the mortgage
deed, or in the case of shared ownership
transactions, inserted it as a clause-condition in
the lease. This allowed them, as the lender, readily
to enforce the clawback.
However, re-mortgaging a house that was
initially acquired by way of shared ownership,
requires that the purchaser buys out the lease,
that is, acquires the local authority’s share of the
house. To facilitate transactions of this kind, but
also to ensure a clawback can be still operated by
the local authority in relation to affordable housing,
section 10(3)(a)(i) of the Housing
(Miscellaneous Provisions) Act 2002 has clarified
that the clawback must be paid — where a purchaser
buys out the interest of the housing authority
in the house. Since the enactment of this
provision, a number of affordable houses
acquired by way of shared ownership have been
redeemed and these will have involved the payment
of the clawback by purchasers to the relevant
local authority.
By buying out the clawback and becoming outright
owner the purchaser has the potential to
trade on the open market or to release equity.
To protect the State’s interest in these affordable
houses, I consider it appropriate that the clawback
mechanism should continue to operate in
such cases and I have no proposals at this stage
to amend the legislation. However, I will keep the
matter under review.
EU Directives.
1459. Mr. Quinn asked the Minister for the
Environment, Heritage and Local Government if
EU Directive 2002/91/EC was implemented
before 4 January 2006; if the directive was not
implemented by 4 January 2006 the reason
Ireland did not meet its obligations to implement
this directive before the deadline; and if he will
make a statement on the matter. [1109/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Substantial progress
has been made in transposing the EU
Energy Performance of Buildings Directive,
EPBD, by 4 January 2006, as follows: (1) Building
Control Bill 2005, sections 4 and 5, published on
22 December 2005, provide for the part transposition
of Article 5 of EPBD — consideration of
alternative renewable energy systems during the
design of large new buildings — and Article 7 of
EBD building energy rating of buildings and
public display of energy rating of large public
service buildings; (2) Building Regulations
(Amendment) Regulations 2005 partly transpose
Articles 3, 4, and 5 of EPBD; and provide the
legal basis for the introduction of a revised building
energy performance assessment methodology
for new dwellings — this methodology expresses
the energy performance of the building as a single
parameter, CO 2 /m 2 / per annum.
Details of these transposition measures were
notified to the EU Commission on 20 January
2006, together with details of proposed additional
transposition measures in relation to Article 8 —
energy efficiency of boilers — and Article 9 —
mandatory inspection of air conditioning systems
— to be adopted by my colleague, the Minister
for Communications, Marine and Natural
Resources, by end March 2006.

939 Questions— 25 January 2006. Written Answers 940
[Mr. Roche.]
All transposition measures have not been completed
by 4 January 2006, due principally to the
need to develop complex administrative and technical
supporting implementation arrangements,
as set out in the draft action plan for the Implementation
of the Energy Performance of Buildings
Directive in Ireland, April 2005, which was
sent to the EU Commission in May 2005 — a
copy of which is in the Oireachtas Library. This
is a problem shared by most EU member states.
I understand that, as at 4 January 2006, only ten
of the 25 EU member states had notified the EU
Commission of partial or total transposition of
the EPBD. Article 15 (2) of EPBD allows for the
phased implementation of Articles 7 to 9, up to 4
January 2009.
Question No. 1460 answered with Question
No. 1428.
Boundary Alterations.
1461. Mr. Boyle asked the Minister for the
Environment, Heritage and Local Government if
he has received a request to extend the Cork City
boundary. [1139/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The procedures
currently governing boundary alterations are set
out in Part V of the Local Government Act 1991
and in the Local Government (Boundary
Alteration) Regulations 1996. Under these provisions,
it is open to a local authority to initiate a
proposal for the alteration of its boundaries. This
involves preparation of a formal boundary alteration
proposal by the authority concerned including
financial, organisational and other implications;
invitation of public submissions and
consultation with the other local authorities
affected by the proposal, prior to submitting a
formal application to the Minister.
Cork City Council passed a motion in early
2005 requesting me to conduct a review of the
city-council boundary with a view to extending
the city boundary. In responding to Cork City
Council in this regard, I indicated that it is open
to the council to initiate such a formal boundary
extension proposal locally, which would, in
accordance with the comprehensive legislative
process, ultimately be referred to the Minister for
the Environment, Heritage and Local Government.
Any draft ministerial order to alter the
boundary of any county or city would require a
positive resolution by each House of the
Oireachtas before coming into force.
Environmental Policy.
1462. Mr. Boyle asked the Minister for the
Environment, Heritage and Local Government
the number of meetings that have occurred
between him and officials and representatives of
a company (details supplied); and the contents of
such meetings detailing the changes to Government
policy which have been brought about as a
result. [1140/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I understand
that meetings took place between officials of my
Department and the company in question in summer
2003 and that my predecessor, accompanied
by officials, met representatives of the company
early in 2004. At no point have I as Minister met
with the company. There was no change in
Government policy on waste management as a
consequence of these meetings. The Department
and I hold regular consultations with stakeholders
in the context of the ongoing implementation
of Government policy on waste management.
This is designed to ensure that all concerns
are understood and, where possible and appropriate,
addressed.
Concerns about the implications of restrictions
on the movement of waste were expressed to the
Department by stakeholders from both the public
and private sectors. Most notably, the Environmental
Protection Agency in its 2001 waste database
report recommended that the inter-regional
movement and treatment of waste “should be
provided for in appropriate circumstances”.
The Government’s waste management policy
statement Taking Stock and Moving Forward,
April 2004, recognised that the prohibition on all
inter-regional movements of waste could be
unduly restrictive in terms of securing the
development of waste infrastructure, and the
objectives of local authority waste management
plans. Most waste facilities currently in place are
not subject to conditions which limit the geographic
area from which they can take waste. In
fact the absence of such restrictions has traditionally
allowed local authorities to manage capacity
constraints by providing for inter-regional movement
of waste. Accordingly, the policy statement
had provided for an examination of the issues
arising in terms of the interrelationship between
regional boundaries and waste facilities.
I therefore issued a ministerial direction under
section 60 of the Waste Management Act last
year to recognize the need for inter-regional
movement of waste last year where that supported
the rational implementation of Government
waste management policy. This was to
prevent a situation arising whereby it would be
legal to export waste to continental Europe, or
further afield, for treatment but not across county
boundaries within Ireland. Such a situation was
completely contrary to the proximity principle
and it would have been irrational to let it continue.
Sound environmental policy required a
more flexible policy and that is what my policy
direction aims to achieve.

941 Questions— 25 January 2006. Written Answers 942
Departmental Appointments.
1463. Mr. Boyle asked the Minister for the
Environment, Heritage and Local Government
the number of public appointments made by his
Department since 1997. [1148/06]
1464. Mr. Boyle asked the Minister for the
Environment, Heritage and Local Government
the number of public appointments currently vacant
and yet to made by his Department.
[1149/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I propose to
take Questions Nos. 1463 and 1464 together.
I assume the questions relate to appointments
made to State boards currently under the aegis of
my Department. A number of different statutory
processes are involved in appointments to State
boards. In some cases statutory selection procedures
must be followed or nominations must
be sought from independent nominating panels
before appointments are made by the Government
or by the Minister for the Environment,
Heritage and Local Government. In other cases
only particular public office holders may be
appointed to certain boards. In a number of
situations, only some appointments to the body
concerned are made by the Minister.
In the context of the above, the number of
appointments to state boards under the aegis of
my Department since 1997 is set out in the following
table:
Name of State board Ministerial appointees to board Number of current vacancies on
since 1997
board
Affordable Homes Partnership 10 0
An Bord Pleanála 18 0
Building Regulations Advisory Body 34 1
An Chomhairle Leabharlanna 25 0
Comhar 67 0
Dublin Docklands Development Authority Board 16 0
Dublin Docklands Development Authority Council 52 0
Environmental Protection Agency 10 0
Fire Services Council 32 0
Heritage Council 18 0
Housing Finance Agency 29 0
Irish Water Safety Association 17 0
Local Government Computer Services Board 4 0
Local Government Management Services Board 8 0
National Building Agency 17 0
Private Residential Tenancies Board 15 0
Radiological Protection Institute of Ireland 5 0
Rent Tribunal 26 0
Social and Affordable Housing.
1465. Mr. Gilmore asked the Minister for the
Environment, Heritage and Local Government
his plans to consolidate the legislation on housing;
and if he will make a statement on the
matter. [1255/06]
1473. Mr. G. Mitchell asked the Minister for
the Environment, Heritage and Local Government
his plans to amend housing legislation in
relation to the eviction of tenants of local authorities
for anti-social behaviour in view of the
long delays in securing such eviction orders; and
if he will make a statement on the matter.
[1361/06]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. N. Ahern): I propose to take Questions Nos.
1465 and 1473 together.
It is likely that legislative changes will be
required to support reforms to the social housing
sector outlined in my Department’s housing
policy framework, Building Sustainable Communities,
published in December 2005. Decisions
on the nature and extent of legislative change
required will be taken later this year following
the publication of a fuller statement of housing
policy which will outline in greater detail the proposed
reforms, including measures to support
local authorities in tackling antisocial behaviour.
Local Authority Housing.
1466. Mr. Gilmore asked the Minister for the
Environment, Heritage and Local Government
the number of dwellings built by local authorities

943 Questions— 25 January 2006. Written Answers 944
[Mr. Gilmore.]
and the private sector in the 1990s and for each
year since 2000. [1256/06]
1467. Mr. Gilmore asked the Minister for the
Environment, Heritage and Local Government
the number of separate dwellings here; and if he
will make a statement on the matter. [1257/06]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. N. Ahern): I propose to take Questions Nos.
1466 and 1467 together.
Details as regards private house completions,
as well as those provided by the State, both under
the local authority housing programme and by
the voluntary and co-operative housing sector,
and of the number of single houses are set out
in my Department’s Housing Statistics Bulletins,
copies of which are available in the Oireachtas
library, and on my Department’s website at
www.environ.ie.
Turbary Rights.
1468. Mr. P. Breen asked the Minister for the
Environment, Heritage and Local Government
further to Parliamentary Question No. 135 of 17
November 2005 (details supplied) if his Department
has carried out a final inspection of the
lands in question, in preparation for completion
of a contract; and if he will make a statement on
the matter. [1271/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I am advised
that a final inspection has now been carried out
on the lands in question and that my Department
is now arranging to complete the contract.
Question No. 1469 answered with Question
No. 1457.
Water and Sewerage Schemes.
1470. Mr. Perry asked the Minister for the
Environment, Heritage and Local Government
the Ministerial orders he has issued in relation to
Ballinacarrow sewerage treatment scheme,
County Sligo; when same will be sanctioned; and
if he will make a statement on the matter.
[1293/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Ballinacarrow
sewerage scheme has been approved for funding
under the serviced land initiative measure of my
Department’s water services investment programme
2005-07. The scheme is being advanced as
part of a grouped project that also includes sewerage
schemes for Ballygawley, Cliffoney and
Mullaghmore.
Sligo County Council’s brief for the appointment
of consultants to prepare a preliminary
report for the scheme is being examined in the
Department and is being dealt with as quickly as
possible.
1471. Mr. Perry asked the Minister for the
Environment, Heritage and Local Government
the Ministerial orders he has issued in relation to
Gurteen water scheme, County Sligo; and if he
will make a statement on the matter. [1294/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The west
Roscommon regional water supply scheme, which
I understand will service Gurteen, is included in
my Department’s Water Services Investment
Programme 2005-2007, as a way to advance
through planning.
The Department has approved Roscommon
County Council’s brief for the appointment of
consultants to prepare a design review report for
the scheme and it is now a matter for the council
to proceed with the production of this report.
1472. Mr. Connaughton asked the Minister for
the Environment, Heritage and Local Government
the reason it has taken so long to have
returned to Galway County Council the revised
preliminary engineering report on the Kinvara
sewerage treatment plant; if his attention has
been drawn to the unacceptable level of pollution
in Kinvara Bay; if his attention has further been
drawn to the restrictions currently being placed
on the development of Kinvara as a consequence
of a proper sewerage treatment plant not being
made available; if his attention has been drawn
to the fact that Kinvara was included in Galway
County Council’s Investment Programme 2004-
2006; and if he will make a statement on the
matter. [1317/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Kinvara
sewerage scheme is included in my Department’s
Water Services Investment Programme 2005-2007
as a scheme to start construction in 2007.
Galway County Council’s revised preliminary
report for the scheme is being examined in the
Department and is being dealt with as quickly as
possible. Once the preliminary report has been
approved the council will be in a position to prepare
contract documents with a view to inviting
tenders for the scheme.
Question No. 1473 answered with Question
No. 1465.
1474. Cecilia Keaveney asked the Minister for
the Environment, Heritage and Local Government
the position in relation to funding for phase
three of the Desertgrey water scheme, County
Donegal; and if he will make a statement on the
matter. [1395/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Contract 3 of

945 Questions— 25 January 2006. Written Answers 946
stage 1 of the Desertegney water supply scheme
is approved for funding under my Department’s
Water Services Investment Programme 2005-2007
as a project to commence construction in 2006.
A revised water services pricing policy report
which was sought by my Department in April
2004 is awaited from Donegal County Council.
1475. Cecilia Keaveney asked the Minister for
the Environment, Heritage and Local Government
the position in relation to Malin sewerage
scheme, County Donegal; and if he will make a
statement on the matter. [1396/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Malin town
sewerage scheme has been approved for funding
in my Department’s Water Services Investment
Programme 2005-2007 under the rural towns and
villages initiative.
The Department approved the preliminary
report for this scheme in June 2004, subject to a
review by Donegal County Council of the proposed
phasing of the scheme and of the water
pricing policy report. The review has now been
satisfactorily completed and it is now a matter for
the council to proceed with the preparation of
contract documents.
1476. Cecilia Keaveney asked the Minister for
the Environment, Heritage and Local Government
the position in relation to an application for
funding for the north east Inishowen water supply;
and if he will make a statement on the
matter. [1397/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Inishowen
regional water supply scheme was 23rd in the list
of water and sewerage schemes submitted by
Donegal County Council in response to my
Department’s request to all local authorities in
2003 to undertake assessments of the needs for
capital works in their areas and to prioritise their
proposals on the basis of the assessments.
The priority lists were taken into account in the
framing of the Water Services Investment Programme
2005-2007 published in December 2005.
Given the rating afforded to the scheme by the
council, it has not been possible to include it in
the current programme. I envisage that local
authorities will be afforded an opportunity in
2006 to undertake fresh assessments of their
needs and priorities, which can then be taken into
account in subsequent phases of the programme.
Archaeological Sites.
1477. Mr. Deenihan asked the Minister for the
Environment, Heritage and Local Government
when the illustrated summary of the Ardfert
Cathedral excavations will be published; and if he
will make a statement on the matter. [1418/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The contents of
the illustrated summary are currently being
finalised with a view to having this published by
end February 2006.
Environmental Policy.
1478. Mr. Gregory asked the Minister for the
Environment, Heritage and Local Government
the limited companies which received funding in
2005 from the environment fund. [1443/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The following
table sets out the limited companies which
received payments directly from the Environment
Fund in 2005. These payments related mainly to
grant aid, sponsorship and the provision of goods
and services. Local authorities also receive allocations
from the environment fund, and no information
is available on any payments which they
subsequently made to limited companies on foot
of these allocations.
Limited Companies in receipt of Environment Fund in 2005
Company
An Taisce Ltd,
Ashfield Press Ltd,
Bank Of Ireland Ltd,
BMF Business Services Ltd,
City Ads Ltd,
Club Travel Ltd,
Compass Informatiacs Ltd,
Cork Environmental Forum Ltd,
Corporate Express (Irl) Ltd,
Crann (People for trees) (Ireland) Ltd,
CVU Vest Ltd,
Dell Computers Ltd,
Dyflin Media Ltd,
Ecoprint Ltd,
EENGOCF Ltd,
Eircom Ltd,
Europus Teoranta,
Eurotranslations Ltd,
Feasta Ltd,
Fennell Photography Ltd,
Friends of the Irish Environment Ltd,
GMK Leisure Management Ltd,
Goodson Print Ltd,
Grian Ltd,
Housing Finance Agency plc,
ICF Consulting Ltd,
Institute of Public Administration Ltd,
Irish Seed Savers Association Ltd,
Jemma Publications Ltd,
Jury’s Inn Ltd,

947 Questions— 25 January 2006. Written Answers 948
[Mr. Roche.]
Company
to sustainable development and activities relating
to water quality. [1444/06]
Kilkenny Ormonde Hotel Ltd,
Kluwer bv,
Lyle Bailie International Ltd,
Lynn Publications Ltd,
Marketing Bureau Services Ltd,
National Radio Cabs Ltd,
Nestron Ltd,
Odin Consultants Ltd,
Oldbury Publishing Ltd,
Picture Perfect Ltd,
Red Dog Graphics Ltd,
Rentokil Tropical Plants Ltd,
Repak Ltd
RMNO inzake EEAC,
Royal Hotel & Leisure Centre Ltd,
Shanakill Family Resource Centre Ltd,
Sky Publishing Ltd,
Stichting EEAC,
Sunflower Recycling Ltd,
Sustainable Ireland Co-operative Society Ltd,
TES Consulting Engineers Ltd,
The Organic Centre Ltd,
The Waterfront Conference Company Ltd,
Tullamore Court Hotel Ltd,
Waste and Resources Action Programme Ltd,
WEEE Register Society Ltd, and
WRC-NSF Ltd.
Recycling Policy.
1479. Mr. Gregory asked the Minister for the
Environment, Heritage and Local Government
the way in which the projected reduction in
spending from the environment fund will affect,
in percentage terms, waste management infrastructure
and the subvention of local authority
recycling operational costs, management infrastructure
and the subvention of local authority
recycling operational costs, bottom of form environment
awareness including the race against
waste campaign and various litter initiatives,
enhanced waste management enforcement initiatives
currently being taken by local authorities and
the Office of Environmental Enforcement,
national waste prevention and market development
programmes, north-south matters including
the scheme for the management of waste, fridges
and freezers, research and development in the
Environmental Protection Agency, contributions
to international environment funds, activities
relating to air quality and climate change,
environmental levy operational costs, miscellaneous,
printing, publishing and so on, producer
responsibility initiatives, activities relating
Minister for the Environment, Heritage and
Local Government (Mr. Roche): As a standalone
measure, the amount available in the environment
fund at any one time will depend on the
inflows of money from the landfill and plastic bag
levies and the expenditure on the various programmes
which the fund supports. In this regard,
it should be noted that surpluses in the fund at
end year are not remitted to the Exchequer.
By virtue of a carryover of funds to the current
year, the Revised Estimates volume will provide
for environment fund allocations for 2006 which
exceed the expenditure outturn for 2005. It will
be possible to indicate percentage changes in allocations
for the individual programme areas when
detailed allocations for 2006 are finalised shortly.
In addition to ongoing commitments from the
environment fund, an additional \10 million is
being made available from the Department’s
Vote to support the delivery of waste recycling
and recovery infrastructure. I have recently made
very significant medium-term grant commitments
towards the provision of this infrastructure, and
overall commitments to this area are increasing.
Local Authority Funding.
1480. Mr. Lowry asked the Minister for the
Environment, Heritage and Local Government if
departmental approval has been given to a local
authority for works (details supplied); the funding
allocated for the work; and if he will make a statement
on the matter. [1473/06]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. N. Ahern): In September 2005 my Department
issued approval in principle to North
Tipperary County Council to carry out works
under the remedial works scheme in eight estates
namely, Ard Mhuire, Templetuohy, Derrynaflan,
Littleton, Cois Carraig, Roscrea, MacDonagh
Avenue, Cloughjordan, Ardarra, Portroe, Grange
Road, Ballina, Clohessey Place, Bouladuff and
Towerhill, Borrisokane.
Works to be carried include the installation of
central heating, the provision of new doors and
windows and the provision of wall and attic insulation.
My Department has requested the council
to forward detailed information in relation to
costs and when this is provided budget costs for
the schemes can be established to allow tenders
to be obtained.
Consultancy Contracts.
1481. Mr. Naughten asked the Minister for the
Environment, Heritage and Local Government
the funds spent by his Department since June
1997 on consultants, legal experts and external

949 Questions— 25 January 2006. Written Answers 950
advice; the number of reports produced under
such contracts and the number implemented to
date by his Department; the cost of such advice in
2005 and the planned expenditure for 2006; and if
he will make a statement on the matter.
[1542/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The amount
spent by my Department since 1997 on consultants
generally, other than those providing legal
advice, is \36,868,476. The amount spent on
external legal advice is \2,206,337.
Some 66 reports have been produced under
these consultancy contracts. In 61 cases, recommendations
have already been implemented or
utilised. The remaining five reports are currently
being considered.
The amount spent by the Department on consultants
in 2005 was \5.2 million and the estimate
for 2006 is some \4.15 million.
Planning Applications.
1482. Mr. Ring asked the Minister for the
Environment, Heritage and Local Government
the reason a letter (details supplied) sent to him
has not been replied to; when the letter was
received in his office. [1583/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Minister for
the Environment, Heritage and Local Government
is precluded, under section 30 of the Planning
and Development Act 2000, from exercising
any power or control in relation to any individual
planning application or appeal with which a planning
authority or an Bord Pleanála is or may be
concerned. The complainant concerned has been
informed of this situation several times in direct
contacts with officials in my Department.
The response to the Deputy’s subsequent representations
was dealt with in accordance with
standard office procedures for such representations
and I have already issued a reply in the
matter.
Election Management System.
1483. Mr. Bruton asked the Minister for the
Environment, Heritage and Local Government
his views on taking initiatives to extend voting
rights in Dáil elections to EU citizens of other
member states once they have passed a minimum
residence period here; and the efforts he will
make at EU level to secure equivalent rights for
Irish citizens living in other EU countries.
[1601/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Under section
8 of the Electoral Act 1992, British citizens may
register as Dáil electors if they are ordinarily resident
in a constituency.
In addition, the Minister may by order provide
for citizens of other EU member states who are
ordinarily resident in Ireland to be registered as
Dáil electors on a reciprocal basis where the
Minister is satisfied that a member state grants
Irish citizens resident in that country the right to
vote at parliamentary elections there on an equal
basis with its own nationals. No such order has
been made to date and, while electoral law is subject
to ongoing review, there are no current proposals
to alter the existing arrangements.
Water and Sewerage Schemes.
1484. Mr. P. Breen asked the Minister for the
Environment, Heritage and Local Government
the amount of funding his Department intends to
put towards the Ennis water filtration project; if
the amount is contingent on county council funding
on a pro-rata basis; and if he will make a
statement on the matter. [1658/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Ennis town
water supply treatment scheme is included in my
Department’s Water Services Investment Programme
2005-2007 as a scheme to start construction
this year at an estimated cost of \6.6 million.
I approved Clare County Council’s tender documents
for the scheme in October 2005 and it is
now a matter for the council to proceed with the
tender process.
I understand the council is pursuing the procurement
of a temporary water treatment plant
pending completion of the substantive scheme.
The operational costs associated with any such
temporary plant will be considered in the context
of the allocations to local authorities from the
special local government fund assistance provided
by my Department in recent years in respect of
newly commissioned water services treatment
infrastructure.
Development Charges.
1485. Mr. Hogan asked the Minister for the
Environment, Heritage and Local Government
the amount levied in development charges in the
various local authorities in the year 2000; and if
he will make a statement on the matter.
[1718/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The development
charges collected by the planning authorities
in 2000 are set out in the following table.
The annual planning statistics published by my
Department are available in the Oireachtas
Library.

951 Questions— 25 January 2006. Written Answers 952
[Mr. Roche.]
Table of Development Charges levied by Councils in 2000
\
County Council
Carlow 866,522.59
Cavan 980,321.60
Clare 1,337,848.10
Cork 10,101,534.61
Donegal 2,003,807.94
Dún Laoghaire/Rathdown 5,978,272.24
Fingal 13,612,511.49
Galway 2,854,366.12
Kerry 1,659,268.33
Kildare 6,428,682.62
Kilkenny 952,402.60
Laois 1,732,247.79
Leitrim 643,846.09
Limerick 1,632,093.39
Longford 670,006.50
Louth 4,270,854.18
Mayo 1,933,748.88
Meath 6,028,640.21
Monaghan 28,759.57
Offaly 1,411,425.61
Roscommon 1,173,976.97
Sligo 543,720.89
South Dublin 10,901,971.14
Tipperary North 643,637.85
Tipperary South 1,346,762.93
Waterford 2,018,991.47
Westmeath 1,942,817.35
Wexford 4,517,651.90
Wicklow 3,095,138.93
Sub Total 91,311,829.89
City Council
Cork 1,924,379.48
Dublin 10,563,547.85
Galway 3,523,295.88
Limerick 1,255,949.99
Waterford 1,801,138.70
Sub Total 19,068,311.91
Total 110,380,141.80
Environmental Policy.
1486. Mr. Boyle asked the Minister for the
Environment, Heritage and Local Government if
he has envisaged the setting of regulations
limiting the scale of quarrying in any given
area. [1774/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): In tandem with
the commencement of section 261 of the Planning
and Development Act 2000 in April 2004, which
introduced a new registration system for quarries,
my Department issued guidelines on quarries and
ancillary activities to planning authorities. The
guidelines, which were issued under section 28 of
the Act, offer guidance to planning authorities on
planning for the quarrying industry through the
development plan and determining applications
for planning permission for quarrying and ancillary
activities. These guidelines also advise on
appropriate conditions for attaching to planning
permissions, to mitigate the environmental
impacts of quarries.
The decision as to whether to grant a planning
permission in any particular case is of course a
matter for the planning authority and my Department
has no role in the matter. In making a
decision on a planning application, a planning
authority must consider the proper planning and
sustainable development of the area, having
regard to the provisions of the development plan,
any submissions or observations received, relevant
ministerial or Government policies, including
any guidelines issued by the Department and
any submissions received.
I have no plans to issue further regulations in
this matter.
Pension Provisions.
1487. Mr. P. McGrath asked the Minister for
the Environment, Heritage and Local Government
the amount of money collected by his
Department by way of superannuation payments
by employees in 2003, 2004 and 2005; and where
applicable, the amount paid into the social
insurance fund by those employees in each of
these years; and if he will make a statement on
the matter. [1819/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The information
sought is set out in the following table:
Type 2003 2004 2005
\ \ \
Superannuation contributions by staff of the
Department 1,302,193.26 1,654,83.56 1,734,767.62
Payments to the Social Insurance Fund (employee
and employer PRSI only) 6,534,498.50 5,907,711.00 5,558,815.06

953 Questions— 25 January 2006. Written Answers 954
Water and Sewerage Schemes.
1488. Mr. P. McGrath asked the Minister for
the Environment, Heritage and Local Government
when approval will be given to a sewerage
scheme (details supplied) in County Westmeath;
the date plans were submitted; the reason for the
long delay in processing this scheme; and when
the project will proceed to construction.
[1847/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): In April 2005,
my Department conveyed approval to Westmeath
County Council to proceed with the procurement
of the Castletown Geoghegan sewerage
scheme as an independent project. It had previously
been part of a pilot programme to test
new small scale waste water treatment systeMs
The scheme is being funded under the devolved
rural water programme and it is a matter for the
council to arrange for the invitation of tenders
and the commencement of work on the scheme.
1489. Mr. P. McGrath asked the Minister for
the Environment, Heritage and Local Government
when approval will be given to a sewerage
scheme (details supplied) in County Westmeath;
the date plans were submitted; the reason for the
long delay in processing this scheme; and when
the project will proceed to construction.
[1848/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Coole
sewerage scheme is included in my Department’s
Water Services Investment Programme 2005-
2007, as a scheme to advance through planning at
an estimated cost of \3.08 million.
Westmeath County Council’s preliminary
report and water services pricing policy report for
the scheme are being examined in my Department
and are being dealt with as quickly as possible.
Once these reports have been approved the
council will be in a position to proceed with the
preparation of contract documents.
1490. Mr. P. McGrath asked the Minister for
the Environment, Heritage and Local Government
when approval will be given to a sewerage
scheme (details supplied) in County Westmeath;
the date plans were submitted; the reason for the
long delay in processing this scheme; and when
the project will proceed to construction.
[1849/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Milltownpass
sewerage scheme has been approved for
funding in my Department’s Water Services
Investment Programme 2005-2007, under the
rural towns and villages initiative.
Westmeath County Council’s brief for the
appointment of consultants to prepare contract
documents for the scheme is under examination
in my Department and is being dealt with as
quickly as possible. Once the brief is approved
the council will be in a position to proceed with
the preparation of the contract documents.
Waste Disposal.
1491. Mr. Connaughton asked the Minister for
the Environment, Heritage and Local Government
if the reason so much farm plastic has not
been collected from farms here despite farmers
having paid a surcharge when purchasing the new
plastic; his views on whether a new collection
service will be organised by means of a weighing
procedure at farm level; if his Department will
help defray some of the costs at farm level; if
there are recycling facilities that could use such
plastic material; and if he will make a statement
on the matter. [1877/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Under the
Waste Management (Farm Plastics) Regulations
2001, producers — manufacturers and importers
— of farm plastics, silage bale wrap and sheeting,
are required to take steps to recover farm plastics
waste which they have placed on the market or
alternatively to contribute to, and participate in,
compliance schemes to recover the waste in question.
The Irish Farm Film Producers Group,
IFFPG, is currently the sole approved body in
Ireland for the purposes of implementing a compliance
scheme for the recovery of farm plastics
waste.
Under the IFFPG scheme, producers apply a
levy on the sale of farm plastics that in turn is
transferred to the IFFPG for use in funding the
collection and recovery of farm plastics waste.
The IFFPG is a not-for-profit organisation and it
is a matter for the company, under the terms of
this producer responsibility initiative and in
accordance with the polluter pays principle, to set
a rate of levy which will cover its operational
costs.
The scheme has operated successfully to date.
It is estimated that around 8,500 tonnes, some
55% of farm plastics placed on the market in 2004
were collected for recycling. an estimated 55,000
farmers availed of the collection service in 2004.
IFFPG estimate that over 12,500 tonnes of farm
plastics were collected in 2005.
While responsibility for the collection and
recovery of farm plastics rests with the compliance
scheme, my Department monitors the
scheme on an ongoing basis. I am aware of the
specific issues raised and I am anxious to preserve
and continue the success of the farm plastic
scheme. Discussions are taking place involving
my Department and IFFPG to explore options
for improvement to the scheme and resolution of
outstanding issues.

955 Questions— 25 January 2006. Written Answers 956
Bullying in the Workplace.
1492. Mr. Timmins asked the Minister for the
Environment, Heritage and Local Government
the policy to deal with bullying in his Department;
if same has been circulated to all
employees; if there are outstanding law cases
regarding the issue by employees; if cases were
dealt with or settled since 1 January 2000, and if
so, the number of same; if his Department has
legislation dealing with the issue of bullying or
plans to introduce such legislation; and if he will
make a statement on the matter. [1915/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Department
of Finance policy document, A Positive
Working Environment — an Anti Harassment,
Sexual Harassment and Bullying Policy for the
Civil Service, as revised in July 2005, is being
applied in my Department. The revised policy
came into effect from 1 September 2005 and has
been circulated to all employees of my Department.
The earlier central policy document, which
was also circulated to all my Department’s
employees, applied prior to 1 September 2005.
To date, four investigations of allegations have
been completed in the case of my Department
and, in some of these cases, the investigations
involved complaints against more than one individual
and counter-allegations were also
involved. One investigation is currently in
progress.
My Department is aware of the initiation of
legal proceedings on behalf of one individual arising
from matters of this nature. The above policy
is designed to ensure compliance with the codes
of practice issued under the Safety, Health and
Welfare at Work Act 1989, the Industrial
Relations Act 1990 and the Employment
Equality Acts 1998 to 2004.
Departmental Staff.
1493. Mr. Timmins asked the Minister for the
Environment, Heritage and Local Government
the bonuses that were paid to his staff for the year
ending 31 December 2005; the amount of money
that was paid; the way in which this was calculated;
and if he will make a statement on the
matter. [1930/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Civil service
posts at the levels of assistant secretary and
deputy secretary are covered by a scheme of performance-related
awards. The operation of the
scheme is overseen by the committee for performance
awards. Since 2002, the funding for
awards is based on 10% of the payroll for the
posts covered by the scheme. Within this overall
limit, payments of up to 20% can be made to
individuals.
Details of the procedures, the numbers covered
by the scheme, the range of awards and the total
amounts paid in Departments are outlined in the
annual reports of the committee for performance
awards, available on the website www.finance.gov.ie.
The committee does not identify the amount
paid to individuals as this is regarded as personal
information. Payments for 2004 in the sum of
\100,000 were made in 2005 to staff in my
Department. Payments under the scheme have
not yet been paid for 2005.
Water and Sewerage Schemes.
1494. Mr. N. O’Keeffe asked the Minister for
the Environment, Heritage and Local Government
if grant aid is available for a person (details
supplied) in County Cork. [1941/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Local authorities
are responsible for the operation of the
scheme of grants for the provision or upgrading
of a water supply to an individual house where
an alternative public or group water scheme supply
is not available. While the eligibility of individual
applicants for grant purposes is a matter
for determination by the relevant local authority,
a general qualifying condition of the scheme is
that a house must be at least seven years old.
Performance Awards.
1495. Mr. Ring asked the Minister for the
Environment, Heritage and Local Government
the breakdown of what was paid in each county
and each county council in 2005 in relation to performance
awards for the local government sector.
[2096/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Following its
review of performance assessments for 2004, the
committee for performance awards notified each
city and county manager of the awards approved
for assistant managers and directors of service in
light of managers’ recommendations, and of its
determinations in respect of awards for managers,
in March 2005.
Payment of individual awards is a matter for
each local authority concerned. A copy of the
committee’s 2004 report is available in the
Oireachtas Library.
Recycling Policy.
1496. Mr. Sargent asked the Minister for the
Environment, Heritage and Local Government
the amount of tonnes of discarded wood that
potentially could be recycled as fuel which is
being discarded in landfill sites each year; and if
he will make a statement on the matter.
[2144/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The recovery
rates for wood and wood products in Ireland are

957 Questions— 25 January 2006. Written Answers 958
already very high. The National Waste Report
2004 of the Environmental Protection Agency,
EPA, shows that 92% of the wood contained in
municipal waste was recovered in 2004, leaving
about 14,000 tonnes for landfill. The recovery
rate for wood and wood products in manufacturing
waste was 98%, leaving just 4,000 tonnes for
disposal. Finally, the EPA calculated that 85.2%
of construction and demolition waste was recovered,
which includes a wood fraction, although
detailed data on the latter is not available.
My Department will continue to promote
measures to ensure the highest possible level of
recovery of waste wood in Ireland, including
through the national strategy on biodegradable
waste, which will be published shortly, and the
guidelines on construction and demolition waste
which are currently being finalised.
1497. Mr. Sargent asked the Minister for the
Environment, Heritage and Local Government
the products exempted from the WEEE directive;
if he will report on progress regarding recycling
computers, parts and mobile phones; and if he
will make a statement on the matter. [2166/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The EU
directive on waste electrical and electronic equipment,
WEEE, required each member state to
introduce regulations providing for a producer
funded take-back scheme for consumers of endof-life
equipment from 13 August 2005.
The WEEE directive specifically excludes:
equipment which is part of another type of equipment
that does not fall within the scope of the
directive, e.g. car radios; equipment which is connected
with the protection of the essential
interests of the security of member states, arms,
munitions and war material; equipment which is
not dependent on electric currents or electromagnetic
fields in order to work properly, e.g. gas
cookers with an electronic ignition; equipment
which is designed for use with a voltage rating
exceeding 1,000 volts for alternating current —
AC — and 1,500 volts for direct current — DC;
luminaires in households, e.g. light stands; filament
bulbs; large-scale stationary industrial tools;
and all implanted and infected products in medical
devices.
The EU Commission has published a guidance
document on the criteria for determining whether
a product falls within the scope of the WEEE
directive, a copy of which is available on my
Department’s website at www.environ.ie.
WEEE is now being collected from over 180
collection points nationwide. While details of
WEEE collected by product category or equipment
type is not yet available, early indications
are that significant quantities of this waste type
are being returned for recycling. In the first 12
weeks alone 4,800 tonnes, equivalent to an annual
rate of almost 20,000 tonnes, of household
WEEE was collected. This points to a fourfold
increase in the recycling of household WEEE as
5,510 tonnes of this waste type was recovered in
2004 and indicates widespread public support for
the implementation of the directive.
1498. Mr. Sargent asked the Minister for the
Environment, Heritage and Local Government
the research which has been carried out on identifying
best practice for separate compartment litter
recycling bins; his views on the provision of
these aids to recycling on streets, in Government
buildings, transport concourses, stations and so
on; the number located around the country; the
Government’s policy with regard to these aids to
recycling; and if he will make a statement on the
matter. [2167/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): There has been
significant progress in recovery and recycling of
waste in Ireland in recent years. The Government
policy document entitled, Waste Management:
Changing Our Ways, 1998, set a target of 35% for
diversion of municipal waste from landfill by
2013. The National Waste Report 2004 of the
Environmental Protection Agency, EPA, shows
that the recovery rate for municipal waste in that
year was 34%. Increases in recycling have been
achieved as a result of a range of policies introduced
and supported by my Department including
the provision of recycling facilities — 1929
bring banks and 69 civic amenity sites — and the
roll-out of segregated waste collection services. In
addition, my Department supports improved
waste management performance by public bodies
and other large organisations through the Race
Against Waste campaign which aims to raise
awareness of waste issues and change behaviour
at home and at work in order to reduce the
amount of waste being produced and increase
recycling.
Under the campaign, an Action at Work programme
was developed, in consultation with stakeholders,
to provide advice to large organisations
on how they can help staff and customers to
reduce, reuse and recycle. an Action at Work
pack was developed including material that set
out specific actions, including segregating waste
streams on site, that companies could take to
improve recycling and help the environment. The
programme also offers large organisations proactive
support through a helpline and nationwide
seminars, run by waste management specialists,
and tailored to each organisation. Information on
this initiative is also available on the Internet at
www.raceagainstwaste.ie.
In February of last year, I wrote to a number
of large organisations, public and private sector,
enclosing a copy of the Action at Work pack in
order to further promote participation in the
Race Against Waste by such organisations.

959 Questions— 25 January 2006. Written Answers 960
[Mr. Roche.]
While street cleansing waste makes up a relatively
minor proportion of municipal waste at less
than 2.5%, placing segregated litter bins in prominent
locations can play a role in encouraging
greater awareness of the importance of recycling.
I am aware that Dublin City Council, in partnership
with Repak, has placed such segregated bins
in a number high profile locations in Dublin city
centre. Notwithstanding this, such schemes have
limited potential to contribute significantly to
overall recycling rates having regard to the low
proportion of municipal waste accounted for by
street cleansing waste and issues concerning
cross-contamination of dry recyclables,
EU Directives.
1499. Mr. Sargent asked the Minister for the
Environment, Heritage and Local Government
the fines imposed on Ireland for non-compliance
with EU directives in his area of responsibility
since January 2003 including the amounts
involved; and if he will make a statement on the
matter. [2168/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): In areas for
which my Department has responsibility, fines
have not been ordered by the European Court of
Justice in relation to any case taken against
Ireland.
Public Procurement Policy.
1500. Mr. Kenny asked the Minister for the
Environment, Heritage and Local Government if
his Department has produced an annual corporate
procurement plan in respect of each of the
years 2000 to 2005; and if he will make a statement
on the matter. [2250/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The requirement
to produce an annual corporate procurement
plan comes from the national public procurement
policy framework, which was issued by
the Department of Finance in May 2005. My
Department’s statement of strategy for 2005-07
incorporates an objective of promoting procurement
management reform by developing policies,
processes and practices in support of a more strategic
approach to procurement within the
Department and those bodies under its aegis. In
response my Department has initiated steps to
produce a corporate procurement plan as part of
the strategic planning process for 2006.
Electoral Management System.
1501. Mr. O’Connor asked the Minister for the
Environment, Heritage and Local Government
his plans to consider changes in electoral boundaries
in respect of the next local elections; the
schedule for such consideration; and if he will
make a statement on the matter. [2257/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Unlike the
situation regarding Dáil constituencies, there are
no constitutional or statutory requirements in
relation to the frequency of local electoral area
reviews. The last review of local electoral areas
was carried out in 1998. The June 2004 local elections
took place on the basis of the existing local
electoral areas and there are currently no proposals
for examination of these areas.
The next census is due to take place this year,
with the next local elections in 2009. Consideration
can be given to reviewing the local electoral
areas in the light of the census results when they
become available and other relevant factors.
Departmental Agencies.
1502. Ms Shortall asked the Minister for the
Environment, Heritage and Local Government
the bodies under the aegis of his Department
which have not provided him with a 2004 annual
report; and in the case of each body from whom
he has received such a report if same has been
laid before the Houses of the Oireachtas.
[2289/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): All agencies
who are required to submit an annual report for
2004, with the exception of the Fire Services
Council, have done so. The report for the Fire
Services Council is currently being translated into
Irish and will be available shortly.
All annual reports received, with the exception
of the reports for the Heritage Council, Irish
Water Safety Association, Local Government
Computer Services Board and Rent Tribunal,
have been laid before both Houses of the
Oireachtas. Arrangements are in train to have the
remaining reports laid as soon as possible.
Waste Management.
1503. Mr. McHugh asked the Minister for the
Environment, Heritage and Local Government if
a scheme to provide waivers to senior citizens and
low income families in local authority areas
where refuse collection has been privatised will
be initiated; and if he will make a statement on
the matter. [2302/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): In accordance
with section 52 of the Protection of the Environment
Act 2003, the determination of waste
management charges and the provision of waivers
are both matters for the relevant local authority
where it acts as a service provider. Similarly,
where a private operator provides the collection
service, it is a matter for that operator to determine
charges.

961 Questions— 25 January 2006. Written Answers 962
Waste management services traditionally have
been provided at a local level, with individual
arrangements being locally determined and tailored
to local circumstances. The present legal
framework as determined by the Oireachtas
reflects this. I do not consider it appropriate to
propose a departure from these existing statutory
provisions, which reflect the local nature of waste
management services, by introducing a scheme of
waivers in areas where the relevant local authority
no longer considers it necessary to provide
a household collection service.
1504. Mr. Deasy asked the Minister for the
Environment, Heritage and Local Government if
his attention has been drawn to the fact that
Waterford County Council recently has introduced
an annual waste services charge of \130
per household in Dungarvan town and a charge
of \150 per household in the rest of the county;
his views on whether these charges are contrary
to the policy set out in his Department’s publication,
Taking Stock and Moving Forward, of
waste charges being based on the weight and volume
of waste produced; and if he will make a
statement on the matter. [2337/06]
1505. Mr. Deasy asked the Minister for the
Environment, Heritage and Local Government
his views on the fact that Waterford County
Council has no waiver system in place for waste
service charges; his further views on whether the
introduction of charges of \130 per household in
Dungarvan town and \150 per household in the
rest of the county will cause real hardship to lowincome
families; and if he will make a statement
on the matter. [2338/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I propose to
take Questions Nos. 1504 and 1505 together.
In accordance with section 52 of the Protection
of the Environment Act 2003, the determination
of waste management charges, and any associated
waiver scheme, is a matter for the relevant local
authority, where it acts as the service provider.
Local authorities and central government are
working together to comply with the polluter
pays principle, as this is a core element of
national and EU environmental policy, including
in the area of waste management. In accordance
with this policy, all of society must be encouraged
to reduce, reuse and recycle waste to the
maximum extent possible.
To encourage households to minimise their
waste, all local authorities and private waste
operators were asked to begin a switch to use
based charging arrangements from the start of
2005. In accordance with Government policy, as
set out in Taking Stock and Moving Forward, collectors
have discretion as to the types of systems
to be used, provided that the key principle of usebased
charging is respected.
My Department understands that both Waterford
County Council and Dungarvan Town
Council have introduced new charging systems
which comprise an annual standing charge, to
cover the fixed costs associated with providing
the collection service, coupled with a use-based
charge per bin lift which varies in cost depending
on the type of waste being presented — municipal,
biodegradable or recyclables. The standing
charge element of \130 to \150 per annum is seen
as necessary to cover the fixed costs, for example,
staff costs, truck, maintenance, insurance, transport
to nearest landfill etc., of providing the
weekly collection service to each customer. These
fixed costs of providing a regular household
service are incurred by the collector whether or
not a bin is presented for emptying.
Local Authority Funding.
1506. Mr. Deasy asked the Minister for the
Environment, Heritage and Local Government if
he will ensure the amount of funding from his
Department being made available to each local
authority is made known to each of the authorities
before they are scheduled to adopt their
annual estimates; and if he will make a statement
on the matter. [2341/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I assume that
the question refers to general purpose grant allocations
from the local government fund for 2006
which were notified to local authorities on 5
December 2005. The statutory prescribed period
for local authority budget meetings runs to 13
January 2006 in the case of county councils and
15 January 2006 in the case of city borough
councils and rating town councils.
Housing Grants.
1507. Mr. Deasy asked the Minister for the
Environment, Heritage and Local Government if
the operation of the national disabled persons
housing and essential repairs grant scheme as it
applies to owner occupiers who are in receipt of
a disability pension and are the main breadwinners
in their households will be reviewed; his
views on the fact that for such applicants there
can be severe difficulty in funding the 10% gap
between the grant allocated and the cost of
improvements; his further views on increasing the
grant available in such circumstances to cover
100% of the costs of improvements; and if he will
make a statement on the matter. [2342/06]
1508. Mr. Deasy asked the Minister for the
Environment, Heritage and Local Government
the amount of funding under the national disabled
persons housing and essential repairs grant
scheme that was returned unspent to his Department
by each city and county council in the years
2004 and 2005; his views on whether that this

963 Questions— 25 January 2006. Written Answers 964
[Mr. Deasy.]
under-spending is likely to be due to owner occupiers
who are in receipt of a disability pension,
and who are the main breadwinners in their
households, being unable to fund the 10% gap
between the grant allocated and the cost of
improvements; and if he will make a statement
on the matter. [2343/06]
1512. Mr. Stagg asked the Minister for the
Environment, Heritage and Local Government
the amount of funding allocated to the disabled
persons and essential repairs grant scheme in
2005 to each local authority; the amount spent
by each; and the position regarding funds which
remained unspent at 31 December 2005.
[2402/06]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. N. Ahern): I propose to take Questions Nos.
1507, 1508 and 1512 together.
The disabled persons and essential repairs
grant schemes are intended, like a number of
other housing grant schemes operated by my
Department, to assist works which provide
additional or adapted accommodation in private
houses. However, they are not designed to cover
the full cost of works for all applicants. Local
authorities may provide reconstruction loans to
qualified applicants who have difficulty in
obtaining finance to meet the balance of the cost.
The focusing of the scheme on real needs, both
financial and accommodation — related and its
operation by local authorities in an efficient manner,
will be critical in ensuring that it achieves its
aim. The outcome of the review of the operation
of the scheme which is at present being finalised
in my Department will significantly contribute to
this achievement.
One of the primary aims of the review has been
to ensure that the available resources are targeted
to those in most need of such assistance. The
needs of applicants with limited means, including
those dependent on social welfare benefits, have
been considered in this light.
A combined capital allocation of \73 million
was made available to local authorities for the
disabled persons and essential repairs grant
schemes in 2004. Information provided by local
authorities indicate that combined expenditure by
them on the schemes in 2004 was \55.4 million —
\45.8 million on disabled persons grants and \9.6
million on essential repairs grants. Data are not
yet available on the overall expenditure by local
authorities on the disabled persons and essential
repairs grants schemes for 2005. an overall allocation
of \74.5 million was made available for the
disabled persons and essential repairs grants
schemes in 2005. Data on expenditure on the
schemes will be published in the Annual Housing
Statistic Bulletin 2005 in due course.
The following tabular statement gives details of
the combined capital allocation for disabled persons
and essential repairs grants notified to each
local authority in 2004 and 2005 and the combined
expenditure on the schemes in 2004 by each
local authority.
Table: Disabled Persons and Essential Repairs Grants 2004 and 2005
Local Authority Allocation 2004 Expenditure 2004 Allocation 2005
\ \ \
County Councils
Carlow 786,000 321,503 960,000
Cavan 3,022,383 1,746,542 1,800,000
Clare 1,222,000 1,216,097 1,660,000
Cork (N) 2,150,000 831,794 1,500,000
Cork (S) 3,830,000 1,159,501 2,500,000
Cork (W) 1,335,000 995,000 1,000,000
Donegal 3,300,000 2,542,510 4,300,000
Dún Laoghaire- Rathdown 1,649,000 1,603,630 2,250,000
Fingal 1,280,000 1,278,527 1,520,000
Galway 3,000,000 2,571,217 2,880,000
Kerry 1,760,000 965,372 1,760,000
Kildare 1,050,000 1,092,053 1,500,000
Kilkenny 819,000 664,900 780,000
Laois 2,630,677 2,632,074 2,100,000
Leitrim 2,670,000 2,042,035 2,600,000
Limerick 1,050,000 1,034,000 1,140,000
Longford 1,355,000 704,982 900,000
Louth 3,026,000 725,138 1,120,000
Mayo 1,600,000 1,530,423 1,600,000

965 Questions— 25 January 2006. Written Answers 966
Local Authority Allocation 2004 Expenditure 2004 Allocation 2005
\ \ \
Meath 1,200,000 1,046,095 2,880,000
Monaghan 1,400,000 1,358,451 1,450,000
North Tipperary 1,715,000 756,477 1,740,000
Offaly 637,072 641,940 1,255,000
Roscommon 1,800,000 1,634,914 1,800,000
Sligo 427,000 241,449 505,000
South Dublin 2,950,000 2,396,871 3,600,000
South Tipperary 3,115,000 1,981,521 3,100,000
Waterford 1,675,000 1,368,181 1,020,000
Westmeath 1,200,000 1,282,268 1,350,000
Wexford 928,000 836,792 1,050,000
Wicklow 2,800,000 1,604,060 2,000,000
City Councils
Cork 1,800,000 1,350,460 1,800,000
Dublin 10,550,000 10,880,377 13,500,000
Galway 980,000 1,183,716 1,300,000
Limerick 810,000 634,880 900,000
Waterford 600,000 401,031 650,000
Borough Councils
Sligo 865,000 115,711 700,000
Town Councils
Bray 30,000 26,074 30,000
TOTAL 73,105,132 55,399,536 74,500,000
Fire Stations.
1509. Mr. Deasy asked the Minister for the
Environment, Heritage and Local Government if
funding will be provided for the new fire station
in Tallow County Waterford in 2006; and if he
will make a statement on the matter. [2344/06]
1510. Mr. Deasy asked the Minister for the
Environment, Heritage and Local Government
the priorities for improvements to the fire
services in County Waterford that have been
identified to his Department by Waterford
County Council; the projects which will be
funded in 2006; and if he will make a statement
on the matter. [2345/06]
Minister of State at the Department of the
Environment, Heritage and Local Government
(Mr. B. O’Keeffe): I propose to take Questions
Nos. 1509 and 1510 together.
Waterford County Council has submitted proposals
to my Department for the provision of new
fire stations at Tallow and Portlaw, together with
an extension to Dungarvan headquarters fire
station. These proposals are under consideration
in my Department in the context of the 2006 fire
services capital programme.
Water and Sewerage Schemes.
1511. Mr. Deenihan asked the Minister for the
Environment, Heritage and Local Government if
his Department has approved Kerry County
Council’s preliminary report for stage two of the
Castleisland sewerage scheme together with the
associated water services pricing policy report;
when the scheme will commence; and if he will
make a statement on the matter. [2388/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Stage 2 of the
Castleisland sewerage scheme is included in my
Department’s Water Services Investment Programme
2005-2007 as a scheme to commence construction
in 2007 at a cost of \5.5 million.
Kerry County Council’s preliminary report and
water services pricing policy report for the
scheme are under examination in my Department
and are being dealt with as quickly as possible
in accordance with the priorities the council has
identified for advancing individual schemes to
construction stage.
Question No. 1512 answered with Question
No. 1507.
Town Councils.
1513. Mr. Stagg asked the Minister for the
Environment, Heritage and Local Government if
he intends to issue regulations under the Local
Government Act 2001 to allow, by order, the
establishment of new town councils; and if there
is resistance to the provision of new town councils
from local government officials. [2415/06]

967 Questions— 25 January 2006. Written Answers 968
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I refer to the
reply to Questions Nos. 649 and 653 of 15
November 2005. I am not aware of any stance on
this issue on the part of local government
officials.
Water and Sewerage Schemes.
1514. Mr. Stagg asked the Minister for the
Environment, Heritage and Local Government if
approval has been given to the contract documents
for the lower Liffey valley sewerage
scheme. [2426/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The lower Liffey
valley sewerage scheme has been approved
for construction in my Department’s Water
Services Investment Programme 2005-2007 at an
estimated cost of \31 million.
In May 2005 I approved Kildare County
Council’s proposals to proceed with work on an
advance section of the scheme at Straffan which
I understand is now in progress. Kildare County
Council’s contract documents for the major
elements of the scheme are under examination in
my Department and will be dealt with within the
next few weeks. Approval of the contract documents
will enable the council to invite tenders for
the carrying out of the works.
Local Authority Staff.
1515. Mr. Stagg asked the Minister for the
Environment, Heritage and Local Government
his views on the cap on local authority staff
numbers (details supplied); if this matter will be
discussed with the Minister for Finance; and if he
will make a statement on the matter. [2428/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The cap on local
authority staffing levels arose from a Government
decision in December 2002 to cap public
service numbers at the then existing authorised
level and to reduce numbers across all sectors by
the end of 2005. Numbers in the local authorities
were to be reduced by 1,000 over that period.
Returns of the number of persons employed by
local authorities for the quarter ending December
2005 are not yet available. The Minister for Finance
announced in his Budget Statement on 7
December 2005 that it is the Government’s intention
to continue to regulate and control numbers
in the public service, including local authorities,
within agreed ceilings, and my Department will
be maintaining appropriate contact with the
Department of Finance in that regard.
1516. Mr. Stagg asked the Minister for the
Environment, Heritage and Local Government if
the staffing issues referred to in Parliamentary
Question No. 665 of 15 November 2005 have
been resolved. [2429/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): I refer to the
reply to Question No. 250 of 1 December 2005.
Hazardous Beaches.
1517. Mr. Stanton asked the Minister for the
Environment, Heritage and Local Government if
a national policy with consistent guidelines exists
on the management of dangerous beaches; if not,
his views on developing such a policy; and if he
will make a statement on the matter. [2459/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): My Department
is advised by the Irish Water Safety Association
that there is no known world or European standard
to designate a “dangerous beach”. The existing
policy of completing risk assessments on all
beaches that are used by the public with necessary
follow up action by local authorities is considered
to be the most appropriate approach.
Beaches by their nature are hazardous and
depending on their usage are normally assessed
for risk by a qualified and experienced risk
assessor of the IWSA who will make a detailed
report which will be forwarded to the relevant
local authority for their follow up action. This
action may be the erection of water safety signage,
the provision of public rescue equipment,
works such as installation of safety chains, ladders,
steps, improvements to slipways, movement
of boulders or sand and other engineering works
according to the recommendations in the risk
assessment report.
Beaches change due to a change in environmental
conditions and as a result of development.
One of the qualifying criteria for a Blue Flag
beach is that it must have been assessed for risk
within the previous three years.
Local Authority Staff.
1518. Ms C. Murphy asked the Minister for the
Environment, Heritage and Local Government
the number employed by each local authority in
2005; the category under which they were
employed; and if he will make a statement on the
matter. [2472/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): Detailed information
on the number of persons employed by
each local authority at the end of 2005 is currently
being compiled, and is not yet available in my
Department.
Water and Sewerage Schemes.
1519. Mr. N. O’Keeffe asked the Minister for
the Environment, Heritage and Local Government
if a regional water scheme has been

969 Questions— 25 January 2006. Written Answers 970
approved (details supplied) in County Cork; and
if so, if the contract documents are in place; when
work will commence; and if his attention has been
drawn to the fact that the water in this specific
area is very heavily polluted. [2473/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Conna
regional water supply scheme extension is
included in my Department’s Water Services
Investment Programme 2005-2007 as a scheme to
advance through planning, at an estimated cost of
\2.55 million.
My Department approved Cork County
Council’s brief and fee proposals for the appointment
of consultants to prepare a preliminary
report for the scheme in September 2005. The
production of the preliminary report is now a
matter for the council.
Architectural Heritage.
1520. Mr. Timmins asked the Minister for the
Environment, Heritage and Local Government
the details of the building survey his Department
carried out in 2004. [2527/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): As part of a
multi-annual programme to include the whole
country, my Department carried out surveys of a
sample of the architectural heritage of north
Tipperary, Westmeath, Offaly, Kilkenny and
Sligo under the national inventory of architectural
heritage, NIAH, programme in 2004. The
purpose of the NIAH is to identify, record and
evaluate the country’s post-1700 architectural
heritage uniformly and consistently as an assistance
to local authorities in the compilation of
their record of protected structures, RPS, under
Part IV of the Planning and Development Act
2000. The contractors undertaking NIAH fieldwork
carry authorisation and identification which
they are required to present on request and when
entering on to private lands; they are also provided
with documentation to explain the purpose
of the survey to persons making enquiries. The
Department does not publicly advertise the carrying
out of specific surveys to prevent abuse by
persons fraudulently passing themselves off as
authorised officers; because the survey is fieldbased,
it is not operationally possible to issue
prior notifications to individual owners.
Following submission of the 2004 fieldwork
data, the material is in the course of being
checked, edited and mapped in my Department.
When this is completed, structures of regional or
higher importance for each of these counties will
be published on my Department’s website,
www.buildingsofireland.ie.
The Minister for the Environment, Heritage
and Local Government makes recommendations
under section 53 of the 2000 Act to the relevant
local authorities to include these structures in
their RPS. I plan to issue ministerial recommendations
in respect of the 2004 surveys during
the course of this year. The decision to include
structures in the RPS is a reserved function of
local authorities following the required notifications
to owners of relevant properties and to
the public under the 2000 Act.
Local Government Elections.
1521. Mr. Durkan asked the Minister for the
Environment, Heritage and Local Government if,
in line with the commitment given by his predecessor
to the Houses of the Oireachtas during
passage of the Bill to abolish the dual mandate,
he has in mind a mechanism whereby the local
authority might be required to ensure that the
local authorities live up to that commitment; and
if he will make a statement on the matter.
[2541/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): From the commencement
of the single mandate for elective
local government, local authorities were required
to make specific arrangements to provide a
reasonable level of service for Oireachtas
Members and facilitate them in carrying out their
work on behalf of local communities. These
arrangements provide, inter alia, for the supply of
specified documentation to Oireachtas Members
by the local authority, and equivalent systems,
procedures and timeframes to those used in
relation to correspondence from local authority
members apply also in respect of Oireachtas
Members. Managers are required to meet at least
annually with local Oireachtas Members and thus
provide an opportunity for an update on developments
and for any difficulties encountered to
be raised and addressed. This is, of course,
additional to normal and regular contacts
between public representatives and local authority
officials regarding particular problems or
issues.
My officials are engaged at present in gathering
information from local authorities on the practical
application of the scheme to date and arising
from this, I will, if necessary issue supplementary
guidance to local authorities taking account of the
responses on the matter.
Water and Sewerage Schemes.
1522. Mr. Durkan asked the Minister for the
Environment, Heritage and Local Government
when he proposes to approve and fund Kildare
County Councils plans to upgrade the sewerage
treatment plant at Sallins, County Kildare, details
of which have been with his Department for the
past two years; if his attention has been drawn
to the need to respond positively in view of the
imminent danger of pollution arising from the
fact that the existing system is obsolete and
incapable of catering for the current and future

971 Questions— 25 January 2006. Written Answers 972
[Mr. Durkan.]
population; and if he will make a statement on
the matter. [2545/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): My Department
has no proposals from Kildare County Council
for the upgrading of the existing wastewater
treatment plant at Sallins. However, the upper
Liffey valley sewerage scheme, stage 3, extension
to Osberstown, which has been approved for construction
under the Department’s Water Services
Investment Programme 2005-2007, provides for
the extension and upgrading of the wastewater
treatment plant at Osberstown and the connection
of the towns of Naas, Johnstown, Kill, Newbridge,
Kilcullen, Prosperous, Clane and Sallins
to the extended plant.
Kildare County Council’s revised preliminary
report and water services pricing policy report for
the scheme are under examination in my Department
and are being dealt with as quickly as possible.
Once these reports have been approved the
council will be in a position to prepare contract
documents with a view to inviting tenders for
the scheme.
Freedom of Information Legislation.
1523. Ms Burton asked the Minister for the
Environment, Heritage and Local Government
the public bodies and agencies within his Department
exempted from the full remit of the freedom
of information legislation; and if he will
make a statement on the matter. [2745/06]
Minister for the Environment, Heritage and
Local Government (Mr. Roche): The Freedom of
Information Acts apply fully to nine public bodies
or agencies under the remit of my Department.
The Acts will be extended shortly to an additional
seven bodies. It is intended that one of these, the
Private Residential Tenancies Board, will not be
subject to the full remit of the Acts, as matters of
dispute resolution and conciliation will be specifically
excluded.