da´il e´ireann

Vol. 607 Tuesday,No. 5 18 October 2005

DIOSPOIREACHTAI PARLAIMINTEPARLIAMENTARY DEBATES

DAIL EIREANN

TUAIRISC OIFIGIUIL—Neamhcheartaithe

(OFFICIAL REPORT—Unrevised)

Tuesday, 18 October 2005.

Ceisteanna—QuestionsTaoiseach … … … … … … … … … … … … … 1441Tanaiste and Minister for Health and Children

Priority Questions … … … … … … … … … … … 1455Adjournment Debate Matters … … … … … … … … … … … 1478Leaders’ Questions … … … … … … … … … … … … 1479Requests to move Adjournment of Dail under Standing Order 31 … … … … … … 1492Order of Business … … … … … … … … … … … … 1494Criminal Justice Bill 2004: Second Stage (resumed) … … … … … … … … 1501Private Members’ Business

Draft Animal Remedies Regulations 2005: Motion … … … … … … … 1526Adjournment Debate

Hospital Services … … … … … … … … … … … … 1557Rail Services … … … … … … … … … … … … 1561School Transport … … … … … … … … … … … … 1564

Questions: Written Answers … … … … … … … … … … … 1569

1441 1442

DAIL EIREANN

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De Mairt, 18 Deireadh Fomhair 2005.Tuesday, 18 October 2005.

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Chuaigh an Ceann Comhairle i gceannas ar2.30 p.m.

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Paidir.Prayer.

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Ceisteanna — Questions.

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Departmental Bodies.

1. Mr. Kenny asked the Taoiseach the totalprojected costs to date of the communicationsunit in his Department; and if he will make astatement on the matter. [24228/05]

2. Mr. Rabbitte asked the Taoiseach the pro-jected cost of the communications unit within hisDepartment for 2005; the number of staffemployed in the unit; and if he will make a state-ment on the matter. [26557/05]

3. Caoimhghın O Caolain asked the Taoiseachthe costs since 2002 of the communications unitwithin his Department; and if he will make astatement on the matter. [27306/05]

4. Mr. Sargent asked the Taoiseach the costs todate in 2005 of the communications unit in hisDepartment; the projected costs for 2005; and ifhe will make a statement on the matter.[28639/05]

The Taoiseach: I propose to take QuestionsNos. 1 to 4, inclusive, together.

The total projected cost of the communicationsunit to date in 2005 is \239,951. The sum of\96,938 is a direct cost to my Department, withon average \32,475 being borne by the five otherDepartments with staff seconded to the unit. Thetotal projected cost of the unit for 2005 is\319,934, with \129,250 being a direct cost to myDepartment. The total cost of the communi-cations unit since 2002, which includes a projectedcost for 2005, is \1,085,300.

The unit provides a media information serviceto Ministers and their Departments. It furnishesnews updates and transcripts which ensureDepartments are kept informed in a quick and

efficient manner of any relevant news devel-opments. In this way, Departments are able toprovide a better service to the public.

The communications unit works an 18-hourday based on a flexible rota of three workingshifts. The unit is staffed by six established civilservants, five of whom are seconded from otherDepartments. The work of the unit meansDepartments have greatly reduced their use ofexternal companies and ensure they no longerduplicate work such as transcripts and tapes. Thecommunications unit is estimated to save Depart-ments in excess of \200,000 per annum.

Mr. Kenny: It is a long day to be giving badnews. The Taoiseach’s normal defence of the unitis that it replaces use by Departments of commer-cial transcript-providing companies. Is theTaoiseach satisfied that no Department continuesto get transcripts of media programmes and inter-views on a commercial basis?

Last May the Taoiseach said it was estimatedthe communications unit saved Departments inexcess of \200,000 per annum, yet it will cost\319,000 to run the unit this year. Does theTaoiseach consider that to be good value?

The last time we discussed this matter theTaoiseach extended an invitation to DeputyRabbitte and me to see the communications unitfor ourselves. If there is a possibility that wemight have to examine the unit, is the invitationstill open?

The Taoiseach: I am always happy to showDeputies the good services provided by myDepartment. If other Departments are using tran-scripts for programmes available from thecommunications unit, they should not be. I amnot certain that none of them is but there is noreason they should, although the unit does notcover local programmes. Of the staff in the unit,90% are from other Departments so they knowtranscripts are available.

The figure for savings has been used for thepast seven or eight years since the service started.If it were to be estimated now, it would be muchhigher. The unit gives a good service and goodvalue. It is not just a service to Ministers but toseveral hundred people who get updates everyhour of every day. It is a useful service providedby a small number of people and produces sav-ings equal to the salaries and allowances paid tostaff it. It is a Civil Service unit, not a politicalone.

Mr. Rabbitte: Is the Taoiseach satisfied withthe performance of this unit? He says its centralpurpose is to keep Ministers informed. A patternhas emerged in recent times whereby if anythingcontroversial is discussed in this House, the onlything one can be certain of is that Ministers willclaim not to have been informed. Might this unit

1443 Ceisteanna — 18 October 2005. Questions 1444

[Mr. Rabbitte.]

fill the vacuum in the memories and knowledgeof line Ministers who should be aware of thingsgoing awry in their Department and who, evenwhen information appears in the press, still donot know about it?

The Taoiseach: The Deputy knows the unitdeals with issues of the day that are in the publicdomain. It cannot do any more than that. It isnot a political unit and cannot forewarn or adviseMinisters or their officials in advance.

Caoimhghın O Caolain: Given that thecommunications unit is staffed by established civilservants and provides a news monitoring serviceto a range of Ministers and Departments otherthan the Taoiseach’s, will he not accede to therepeated requests of Deputies that the service bemade available in the Oireachtas Library so thatall members of this House can have access to theinformation provided? Given that it is paid forby taxpayers, does he not believe that the mediasummaries and updates of news reports shouldalso be put on the internal Oireachtas website asa resource for Members?

Failing that, does the Taoiseach agree that theinformation should be made available on requestfrom the communications unit? If the answer toany or all of these questions is “No”, will heexplain why?

The Taoiseach: Data prepared by civil servantsin their normal course of work are not madeavailable to Members of the House and this caseis no different. The information provide by thecommunications unit is a summary of daily newsbulletins. Members may access this informationthemselves. The advantage of this is that tran-scripts and other information are available; thatis the service that is provided to Departmentsrather than having them deal with commercialorganisations.

Mr. Sargent: It is interesting to note how muchCivil Service time, energy and resources havebeen invested in the communications unit, yetfreedom of information legislation has beenamended to frustrate the accessing of informationthat may otherwise be — and should be — avail-able. Is there not merit in the opinion that thisis less of a communications unit and more of apropaganda unit which is doing the business ofGovernment, instead of providing an objectiveservice available to all sides of the House and theOireachtas in general?

From a legal point of view I would argue thatthere is an obligation on the communications unitto be available more widely than just to theGovernment and to the people working its behalfwho were mentioned by the Taoiseach. Has theTaoiseach had any discussions with the Attorney

General on this issue and does a case have to beanswered on the availability of information fromthe communications unit?

The Taoiseach: If the Deputy is suggesting thata summary of what is contained in the morningnewspapers and on radio equates to propaganda,I am not sure who benefits from this propaganda.That is a point of view worth debating. This unitpoints out what is in the newspaper and radioheadlines.

Ministerial Staff.

5. Mr. Kenny asked the Taoiseach the dutiesand responsibilities of the special politicaladvisers appointed by him; and if he will make astatement on the matter. [24229/05]

6. Caoimhghın O Caolain asked the Taoiseachthe number of special political advisers appointedby him; their roles and responsibilities; and if hewill make a statement on the matter. [27307/05]

7. Caoimhghın O Caolain asked the Taoiseachthe responsibilities of the political advisers in hisDepartment; and if he will make a statement onthe matter. [27681/05]

8. Mr. Sargent asked the Taoiseach theresponsibilities of the special political advisersappointed by him; and if he will make a statementon the matter. [28640/05]


There are six special advisers appointed by meand there has been no increase in their numbersince I took office. Under the direction of theprogramme manager, the primary function of theadvisers is to monitor, facilitate and help securethe achievement of Government objectives andto ensure effective co-ordination in the imple-mentation of the programme for Government.They are also tasked with giving me advice andkeeping me informed on a wide range of issues,including business, financial, economic, political,administrative and media matters and performingother such functions as may be directed by mefrom time to time.

Each of the advisers liaises with a number ofDepartments and acts as a point of contact in myoffice for Ministers and their advisers. Myadvisers attend meetings of Cabinet committeesand cross-departmental teams relevant to theirresponsibilities. They also liaise, on my behalf,with organisations and interest groups outside ofGovernment. In addition, a number of myadvisers have specific responsibilities with regardto speech drafting. My programme managermeets other ministerial advisers on a weeklybasis. He monitors and reports to me on progressin implementing the programme for Government.


Mr. Kenny: Are there guidelines for the workof the six special advisers in his Department and,if so, do such guidelines apply to other Depart-ments? When a special adviser is appointed, doeshe or she get a list of regulations or conditionsthat he or she must abide by? How is the moni-toring function of the special advisersimplemented? Do the advisers visit other Depart-ments to see if the programme for Governmentis being put in place?

On advisers liaising with special interestgroups, does one of the six advisers liaise with thegroup of Independent Deputies in the House, justin case the Taoiseach needs them at some time inthe future?

The Taoiseach: The advisers are governed bythe Public Services Management (Recruitmentand Appointments) Act 2004. They are governedby ethics legislation from 1995 and 2004 and theyalso have written contracts. Difficulties occurredsome years ago and procedure was tightened asa result. Advisers in other Departments are alsogoverned by these measures. Each year thesepeople must fill in a full range of forms declaringany interests and send them to the ethics com-mission. They do not tend to go to meetings inother Departments when meetings are held inGovernment buildings, but they meet on aweekly basis with the advisers from other Depart-ments. None of those mentioned is involved withthe independents. An official from the Whip’soffice meets them from time to time, but that wasmore relevant to the last Government.

Caoimhghın O Caolain: Are individual politicaladvisers assigned particular policy areas? Do anyof the Taoiseach’s political advisers have a sole,focused responsibility for health, or for the peaceprocess, or for international affairs? Does theTaoiseach agree that it would be better if such afocused approach existed? In that way, attentionto key areas that reflect poorly on this Govern-ment would help to ensure that matters movedforward expeditiously in the interests not only ofthe Government, but more importantly, of thewider electorate.

What system of accountability exists for theseadvisers? How are they assessed in their steward-ship or in their value for public money, other thanfor the project of the next general election?

The Taoiseach: The advisers are focused onindividual areas. They do not duplicate effort andare designated to individual Departmentsbecause that is the sensible way to do things.Some work on foreign affairs issues, on NorthernIreland issues or on health or education issuesand they liaise with people in those Departments.The Deputy’s view is that some of these areas arenot well run. I am glad to see, however, that theIMF stated today that the country is doing well

because of the success of Government policies.The Deputy obviously disagrees, but he isentitled to that view.

Mr. Sargent: I note that there are 13 employeesin the Taoiseach’s private office and eight in hisconstituency office, under the general term ofadvisers or staff. Can the Taoiseach clarify thebreakdown, if it exists, between Civil Servicepositions and appointees from outside the CivilService in that number? What pay scale is beingfollowed for these staff? Is it totally separate fromanything in the Civil Service? I have seen salariesof \192,784 and \144,064. Is that scalebenchmarked against any other performance, oris it unique to the Taoiseach’s Department?

The Taoiseach: I listed the individuals and theirsalary scales in the answer to the original ques-tion. The special advisers are linked to CivilService grades. The Department of Finance setthese scales when the advisers are taken on. Myprogramme manager is allowed a top-up, but allthe salaries are linked to Civil Service or Depart-ment of Finance scales, such as assistant principaland principal officer.

Mr. Sargent: What about the breakdownbetween appointees and civil servants?

The Taoiseach: None of the six appointees is acivil servant. They all must leave when I leave.

Mr. Rabbitte: I read that one of the Taoiseach’speople concerned was recently decorated by theFrench Government. If that is true, I extend mycongratulations.

He clearly thinks this policy brings a valuabledimension to governance. The way things aregoing, I agree with him. It brings a valuabledimension and I am happy we are agreed on that.However, does he think the idea should beextended? For example, what is his view aboutrecruiting senior managers in the private sectorfor certain jobs, not just in his own Departmentbut in the Civil Service generally?

The Taoiseach: The Secretary General in myDepartment made a speech about that over theweekend. He put forward the circumstances andthe case as to how it could be done on the basisof public service reform. I had a chance to readhalf of his speech. As far as bringing in expertisefrom the private sector is concerned, he made thepoint that while it has been carried out in a lim-ited way for many years and a small number ofpeople have been recruited, it has not been donein any major way. As many recent reports fromthe Comptroller and Auditor General haverevealed, expertise is lacking in many areas of thepublic service. There have been many argumentsabout consultants and advisors but he made the


[The Taoiseach.]

case that the public service does not have theexpertise. The Secretary General argued that insome cases, there are areas to which outsideexpertise should perhaps be introduced.

My view is that one could do so and it mightbe even argued that in certain areas, it might becheaper than hiring outside companies. However,I do not believe that top class experts in someareas could be secured cheaply. There are alwaysarguments about benchmarking between thepublic and private sectors, when one considersthe various grades. However, one should examinethe salaries of financial specialists working inDublin and compare their earnings to the salaryof an Accounting Officer. Deputy Rabbitte isaware that people working in the top stockmarket houses or who manage funds in the IFSCearn salaries that seem extraordinary to theDeputy, to myself or to anyone else in this House.I am well remunerated for my job, but none ofthese people would do my job for the salary Ireceive and the best of luck to them.

Therefore, I do not believe it would be easy torecruit top class experts. One could recruit peopleinto the middle ranks, but it would not be easy.How would ten high level people arriving withenormously large salaries fit in with others in thepublic service? Nevertheless, an argument existsand it is an argument against the costs of consult-ants. Public servants feel aggrieved from time totime, much as they admire the expertise of con-sultants, when they see the rates being charged,possibly not to the individuals but to the compan-ies. This area also requires some examination.The Secretary General of my Department, whohas been an eminent public servant for many dec-ades, has made the point that there are argumentsto be considered as part of strategic managementand public performance management. I do notdiscount his view that there are areas whichshould be examined. He has not come to this viewrecently but has been articulating it for the lastdecade or more.

Mr. Rabbitte: When the time comes forMembers to pay tribute to the Taoiseach,undoubtedly Members from all sides of theHouse will have to compliment him on his unre-mitting courtesy to the House, even in the face ofprovocation. Hence, I do not mean to be rude bystating that I know what his Secretary General’sview is as I have read the speech. I am asking theTaoiseach for his view. Does he agree with therecruitment of outside people to managerial postsin the Civil Service, or may I draw the inferencethat the question of salary is the only obstacle? Ithas been a pattern and we cannot have it bothways. The Taoiseach’s Ministers continually runaway from any decisions that go wrong. Theyhave a quango, an organisation, a civil servant orsomething else to blame. They seem to take the

attitude that such problems were caused by oper-ational decisions that should have been taken bycivil servants. Perhaps we need more skilled man-agers. I am trying to establish the Taoiseach’sview of this matter as I know the SecretaryGeneral’s view.

The Taoiseach: I was trying to balance my com-ments. There are many morale and industrialrelations issues throughout the public service.Deputy Rabbitte and I have both spent muchtime dealing with the service in one way oranother. I know the system and how its membersother than the top 1% think.

It would be difficult to implement what theDeputy suggests. Exchanges take place atpresent, in which people come into the systemfrom a commercial company for a period, whichis not the same as advertising the number twopost in the Department of Enterprise, Trade andEmployment to outsiders, for example. For thosewho work hard in the system and do their bestat executive officer, higher executive officer, staffofficer, assistant principal officer and principalofficer levels, what happens to their morale whenthey reach 52 or 53 years of age after servingcommittees of the Oireachtas and the publicservice and undertaking evening degrees, whichmany do, only to have someone from outsidecome in? It is a significant dilemma.

To get a person comparable to someone who,by that stage, has 25 years of public serviceexperience and a large amount of knowledge indealing with Brussels, Luxembourg and so on,would not be cheap for the system. If this personentered at a very high level, what would happenvis-a-vis other levels and assistant secretaries inother Departments? My honest opinion is thatthis seems a grandiose proposal to table but I donot know how it could work. I have spent manyyears working with civil servants on the old rela-tivity claims, equity claims and others and canforesee a nightmare of arguments against thismove. On the other side of the argument is thecost because we do not have the expertise.

3 o’clock

I have answered in writing a number ofparliamentary questions on a certain issue. If onewere to take my Department, which is relatively

small, as an example, there are eightpeople doing postgraduate studiesand a total of 33 at university level

who get some assistance from the State’s tax-payers this year. I welcome this activity as weshould help them in their training and knowledge.This is a fair way of achieving something. It is notsimply a case of advertising and bringing peoplein at the top levels. The Deputy has asked for myview as Taoiseach and someone who has watchedthe system. This proposal is easily put forwardbut I have difficulty believing it would work inthe public service.


Mr. Rabbitte: I am interested in what theTaoiseach has said. However, is it not reasonableto draw the conclusion that the reason we havesuch frequent resort to outside consultants is thatwe do not have the in-house capacity or know-ledge? The Comptroller and Auditor Generalcarried out a report on this matter four to sixyears ago or longer in which he examined theservice. There have been some very starkexamples in recent times. Is this because we donot have the in-house capacity or is there a fearin the modern Civil Service in that, owing to thenature of public affairs today or whatever reason,civil servants are afraid to make decisions on cer-tain matters without the cover of a consultant’sreport, so that even a relatively straightforwardmatter will not go up the line or reach the Mini-ster’s desk unless it instances one of the top fiveconsultants claiming the idea put forward isgood? I draw from the Taoiseach’s answer — hecan tell me whether I am correct — that he hasthought about this and has concluded the impli-cations for IR and staff morale are such that hedoes not see how we can easily do it. A cryingneed exists for this type of expertise and resortingto consultants is an extremely expensive way ofachieving it.

The Taoiseach: I do not disagree with DeputyRabbitte’s analysis. It is a fact that we do not havethe expertise in certain areas, sectors and dis-ciplines. That is undoubtedly true. We sawrecently that in IT we do not have the type ofexpertise that can design a system afresh. I amsure Members of the House are aware that in theprivate sector, developing and enhancing thequality and content of what a system will deliveris an enormously well-resourced job.

We use consultants in these areas becauseexpecting existing members of staff to do theirregular jobs and then do a little work on enhanc-ing a system would not be possible. While theyare capable of designing complicated systems, theresources are not available. For many years theComptroller and Auditor General has stated thatwe do not have the expertise in many areas. Ihave no doubt he would consider this one sucharea. It is not easy to introduce that expertise.One could create specialist appointments, whichhas been done before. A grade could be createdwhereby if a person entered in that grade he orshe could not move out of it. Ringfencing theposition would avoid some of the IR problems. Aperson would enter as an expert in a particulararea and that would save some on some con-sultancy fees.

Regarding the point on whether public servantsare afraid to act or make a decision, we are luckyto have honest, efficient public servants who areable to carry out their roles. This House haschanged dramatically during the past decade, ashas the country. Public servants are now subject

to the rigours of parliamentary democracy,accountability and scrutiny and are answerablefor the enormous amount of money, approxi-mately \42 billion, being spent.

It is in people’s nature to make the best pos-sible decisions. As we have seen during the pastfew years, when things go wrong they and theGovernment get it in the neck. However, while itis a fact that people are more careful and cau-tious, that is not the primary reason for it.Decisions have become far more complex. Inmany situations involving State contracts, publicservants deal with outside agencies and sophis-ticated companies with vast resources, expertiseand specialists. They deal with experienced pro-fessional people on matters such as procurementand cost structures and they must be careful. Interms of contracts for roads and rail, for example,public servants have to deal with professionalsfrom companies which have vast resources andexpertise and specialists.

Most of the Irish professional procurementagencies are linked to international offices.Increasingly when I chair the cross-departmentalteam on infrastructure, I see companies bringingwith them gurus who have completed megabuckcontracts from Spain, France or Germany. Ourpublic servants must deal with these people andit is not easy. To ensure they get it right they seekwhatever advice they can. That is in the ethos ofpeople trying to do their best. They do it to pro-tect not themselves, but the Departments andfinances, and they do it in as sophisticated a wayas possible. Their attitude is not that they will notmake a decision in order to avoid making amistake.

Mr. Rabbitte: What lessons would theTaoiseach draw, for example, from the apparentsuccess of the National Treasury ManagementAgency?

An Ceann Comhairle: The Deputy shouldplease confine himself to the question.

Mr. Rabbitte: The Taoiseach asked me what Iwas referring to. I was just explaining that it wasthe National Treasury Management Agency,which was established initially to manage thenational debt. It has acquired a number of veryimportant areas since then. Even insurance wasadded when we got into difficulties in that area.Now, the new development finance agencyinvolving certain dimensions of infrastructuralprojects for the future is included and so on. Is itbecause the NTMA is free to employ top-flightpersonnel at the market rate and, therefore, wecan entrust tasks to it that could not be donewithin the Civil Service any longer? If that is theconclusion, it seems to me to have certain impli-cations for this debate.


The Taoiseach: The National Treasury Man-agement Agency commenced its operations whenI was Minister for Finance, when the nationaldebt/GNP ratio was frightening to say the least.The resources of the State were being gobbledup, as the Deputy knows, and matters had to bemanaged in another way. What the Deputy saidis correct. We were able to use top-class peoplewho not only had previous experience but hadreached the top commercially as regards the man-agement of debt, re-financing, the gilts marketsetc. These were people with long experience inthose areas who were able to build a significantteam.

One of the major problems when the economyimproved in the last decade was how to hold onto people. Even though the NTMA was payingsignificantly more than the normal Civil Servicerates, it was not able to match market rates andsome of its best and brightest young people —many of them from the public service and theDepartment of Finance — were attracted to theprivate sector.

Nonetheless, the NTMA had the flexibility tocope, as it did with the new claims agency, publicprivate partnerships and the new roles created forit by the Minister for Finance, Deputy Cowen. Itwas able to bring in expertise, to get legal,insurance and other professional advice on a buy-in basis and have access to actuarial and processmaintenance consultants in a way that a Govern-ment Department could not. Because it possessedsuch a degree of flexibility and streamlining, theNTMA was given these responsibilities. It is notsubject to the same strictures as Departments inthe Civil Service, which has given it the necessaryfreedom to do the job it does.

Public-Private Partnership.

9. Mr. Kenny asked the Taoiseach when theinterdepartmental team on infrastructure andpublic-private partnerships will next meet; thenumber of meetings of the team planned for theremainder of 2005; and if he will make a state-ment on the matter. [24231/05]

10. Mr. Rabbitte asked the Taoiseach if he willreport on the current work of the inter-departmental team on infrastructure and public-private partnerships; and if he will make a state-ment on the matter. [24376/05]

11. Mr. Sargent asked the Taoiseach if he willreport on the interdepartmental team on infra-structure and public-private partnerships; and ifhe will make a statement on the matter.[25208/05]

12. Mr. J. Higgins asked the Taoiseach the pro-gress made by the interdepartmental team oninfrastructure and public-private partnerships;

and if he will make a statement on the matter.[25342/05]

13. Caoimhghın O Caolain asked the Taoiseachthe number of times the interdepartmental teamon housing, infrastructure and public-privatepartnerships met in 2005; the planned meetingsfor the remainder of 2005; and if he will make astatement on the matter. [27682/05]


The interdepartmental team on housing, infra-structure and PPPs has met eight times this yearand is scheduled to meet again on Wednesday, 9November. The team generally meets on amonthly basis and is scheduled to have one moremeeting in the remainder of 2005. While theagenda for the November meeting has yet to befinalised, it will include updates on wider energypolicy issues and on the national spatial strategygateways study.

As Deputies are aware, the team monitors pro-gress and reviews priorities under the variousNDP infrastructure headings. It looks at optionsto secure better value for money outcomes andassesses the scope for the speedier delivery ofoutputs. The team produces an annual reportwhich is laid before the House. This report pro-vides an overview of progress during the previousyear within the main policy frameworks and inthe physical delivery of projects.

As I have told the House previously, the teamserves a valuable role in progressing and resolv-ing issues related to infrastructure planning anddelivery and will continue to make an importantcontribution.

Mr. Kenny: There are only a few minutes left,so I will ask these questions directly. Last year inthe budget the exemption threshold for stampduty was set at \315,000. Recent statistics indicatethat the average cost of a new house in Dublin is\346,000 and nationally, the price of a second-hand house is \332,000, both of which are abovethe stamp duty threshold. Is it the Taoiseach’sbelief that this should be adjusted?

The Minister for Education and Sciencerecently announced a new raft of primary andpost-primary schools to be built under the publicprivate partnership system. Did the cross-depart-mental team on infrastructure and public privatepartnerships consider the further use of PPPsbefore the Minister’s announcement, which waswelcome for the schools in question? TheComptroller and Auditor General in his reportstated the projected cost of final PPP deals was8% to 13% higher than the projected cost ofbuilding and running schools using the conven-tional approach. Did the team consider thisstatement?


Does the Government share the Taoiseach’sview in respect of supertrucks?

The Taoiseach: They should be kept out.

Mr. Kenny: Forty-two people have been killedby articulated trucks on the roads this year.

An Ceann Comhairle: The Deputy is movingbeyond the scope of the questions.

Mr. Kenny: Dublin Port tunnel is a major pieceof infrastructure.

An Ceann Comhairle: I accept that but theDeputy’s question is well outside the scope ofthe questions.

Mr. Kenny: The problem is that the truckscannot get inside, never mind outside, the tunnel.

An Ceann Comhairle: The Deputy will have tofind another way of raising the matter.

Mr. Kenny: Is it the view of the Governmentthat supertrucks should not be allowed here?

An Ceann Comhairle: The matter does notarise on this group of questions.

Mr. Kenny: Does the Taoiseach take intoaccount comments by the chief of the Irish RoadHaulage Association in respect of additionaltrucks, increased pollution, more costs and soforth? Is it true that \4.6 million has been spentsolely on Luas smart cards which cannot be usedunder any other system?

An Ceann Comhairle: The Deputy’s questionsdo not arise on this group of questions and shouldbe addressed directly to the line Minister.

Mr. Kenny: The cross-departmental team oninfrastructure and public-private partnerships,which was involved in the Luas project, shouldhave taken into account a fundamental issue,namely, the use of smart cards on the Luas systemon which a sum of \4.6 million of our money wasspent. I want to know whether the cross-depart-mental team ever considered this issue.

An Ceann Comhairle: The Deputy is taking upthe time of the House in moving beyond thescope of the questions. I ask the Taoiseach toreply to the relevant questions.

Mr. Kenny: I am not sure what point the CeannComhairle is coming from but these issues aredirectly related to the cross-departmental teamfunction.

An Ceann Comhairle: The point I am comingfrom is that the Taoiseach is taking five questionstogether and the supplementary questions——

Mr. Kenny: I am not responsible for that.

An Ceann Comhairle: Yes, but the Deputy isresponsible for his supplementary questionswhich should be specifically related to the ques-tions in the group.

Mr. Kenny: I am more entitled to ask questionsthan any other party leader who has tabled ques-tions. I have asked five questions and will prob-ably not get answers to any of them.

An Ceann Comhairle: Questions on Depart-ments should be addressed directly to the rel-evant line Minister.

Mr. Kenny: The thrust of my questions relatedto cross-departmental teams on infrastructureand public-private partnerships.

The Taoiseach: I will try to answer theDeputy’s questions quickly. On the last issue, it ispolicy to try to have interchangeability in trans-port. The aim is to move to having one card whichcan be used on everything. That is what we aretrying to do.

In relation to stamp duty, thankfully this yearthe attractions of the stamp duty exemption,particularly for new house owners, has led tomore young people, particularly first-time mort-gagees, choosing to buy second-hand houses. Thishas had the corresponding effect that in someareas second-hand house prices have gone upbecause demand for them has gone up. The ques-tion as to whether any changes will be introducedis a matter for the Minister for Finance everyyear. He made significant changes last year so Ido not think it will be a priority this year. Wehave not had any discussion on the issue.

On the issue of infrastructure for trucks and soon, many countries ban the trucks to which theDeputy referred. They are part of an effort byhauliers in these countries to have fewer peopleworking for them and bigger trucks. That is whatthis is about and the state of the roads will geta hammering if they can have their supertrucks.Supertrucks are not necessary in this country andthere is no pressure to bring them in other thanfrom people who want to improve their own pro-fitability on the roads. The Deputy asked anotherspecific question.

Mr. Kenny: Did the cross-departmental teamconsider the new public-private partnerships forschools in the context of the Comptroller andAuditor General’s report?

1455 Priority 18 October 2005. Questions 1456

The Taoiseach: Yes, we had a lot of discussionon this issue. The new initiative is aimed at acce-lerating delivery of PPPs for key infrastructuralprojects in central Government areas. The newcentre of expertise will be located in the NationalDevelopment Finance Agency. Its role will beexpanded to include the procurement function onbehalf of Departments in addition to its existingrole as adviser to Departments on PPPs. Theagency has commenced this new activity on aninterim basis pending the introduction ofenabling legislation.

The centre will provide the skills and capacityto support the procurement of key infrastructurein Departments. It will concentrate initially onthree: the Departments of Education andScience, Health and Children, and Justice,Equality and Law Reform.

The recent example Deputy Kenny mentionedis the 23 new post-primary schools and the fourprimary schools under public-private partnership.There are many issues in this. They will be takenin bundles of five or six and can be done speedily.There are issues of maintenance and efficiencies.In many of these cases the schools are for 800 or1,000 pupils in growing new areas. The PPPsystem is seen as being speedy and efficient andgiving value.

There is an added cost. I have stated on manyoccasions there is no doubt that in the normalcourse of events the cheapest way to borrowmoney is for the State to do it. That will alwaysbe the way, except where State is not in a positionto borrow money at all. However, there are sev-eral areas, particularly with big projects whereprivate sector involvement enables us to get themdone efficiently and one can get quality of designand procurement procedures. The private sectorhas taken a number of these projects and is build-ing them. There is not an argument for doing thiseverywhere but in projects like these there is anargument.

Priority Questions.

————

Accident and Emergency Services.

92. Dr. Twomey asked the Tanaiste and Mini-ster for Health and Children the progress to dateon the implementation of her accident and emer-gency ten point plan; and if she will make a state-ment on the matter. [29479/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Health Service Executive isadvancing the implementation of a series ofmeasures to improve the delivery of accident andemergency services. These measures take a wideranging approach and are aimed at improvingaccess to accident and emergency services,

improving patient flows through accident andemergency departments, freeing up acute bedsand providing appropriate longer term care forpatients outside of the acute hospital setting.

A particular focus has been placed on thosepatients in acute hospitals who have completedtheir acute phase of treatment and are ready fordischarge to a more appropriate setting. The HSEis making sustained efforts to arrange for the dis-charge of these patients to have more acute bedsavailable in hospital for emergency patients. Highdependency beds and intermediate care beds inprivate nursing homes along with home carepackages are being used to ensure that patientsare appropriately placed. The number of delayeddischarges in the major Dublin hospitals nowstands at 378. This is the lowest number sinceJanuary 2005 and has been achieved as a resultof the various measures implemented to improvethe delivery of accident and emergency services.

The HSE has also advised me that there was areduction of 22% in the total numbers waiting ontrolleys in accident and emergency departmentsbetween April 2005 and September 2005. Thereduction in Dublin hospitals has been 25%.

My Department and the HSE will continue towork closely to maintain a focus on the imple-mentation of system-wide measures to improvethe delivery of accident and emergency services.

Dr. Twomey: There was a danger for sometime that the Tanaiste’s ten point accident andemergency plan would turn into a ten year plan.I am glad she has focussed her attentions on thenub of the problem in the accident and emer-gency departments in the greater Dublin region.

Her reply did not refer to MRI scanners andeverything else that went into this ten point plan,but mentioned that she has focussed on the prob-lem, that is, looking after those 400 patients whoare taking up beds inappropriately in the acutehospitals.

I want more detail on what she means becausethis looks at long-term care, both low and high-dependency level care for these patients. Whatplans has she for a community care nursing homesetting, hopefully run in the public sector in thegreater Dublin region and how will she look atthat problem in the future? There may be 400patients in these Dublin hospitals now — the fig-ure has always been between 400 and 500 — butwhat is the Tanaiste’s plan for the future,especially when we have an older population?The matter of how badly this job has been doneby Government has cropped up in manyparliamentary questions in recent times. Forexample, the health strategy promised com-munity care support and extended care beds at arate of 800 per year. To date, since 2001, only 531of these beds have been delivered — less than10%. During those years, the former Minister forHealth and Children and the Ministers of State,


Deputies Martin and Callely, continued to answerquestions on the issue by saying what a great jobthey were doing in delivering these beds.However, less than 10% of the expected bedshave been delivered. I ask the Tanaiste for a clearanswer on how we will develop community carenursing home beds in the public system for thegreater Dublin region, both now and into thefuture.

Ms Harney: Question No. 92 mainly concernsthe issue of accident and emergency units, amatter that has been a priority for me. We haveworked successfully on initiatives that will have alasting and not just a temporary impact. That isthe reason the number of patients on trolleys isdown by 25% in Dublin and 22% nationally sincelast April.

With regard to the elderly — on which aparliamentary question arises later — there havebeen significant initiatives. I will announcefurther initiatives later this year, many of whichwill support people to remain in their homes.Families with support are more inclined to sup-port their elderly in the community than is thecase if there is no support. Elderly people preferthis. International research shows that people livetwo years longer on average and have a higherquality of life if they can live at home. I will dealwith the Deputy’s question by way of the laterquestion.

One of the big issues in the Dublin area is thelack of out-of-hours services for general prac-titioners. We have gone to tender on the northside of Dublin in this regard. I understand fourcompanies have submitted tenders to providethese services. This initiative will have a majorimpact, in particular on Beaumont and theMater Hospitals.

National Treatment Purchase Fund.

93. Ms McManus asked the Tanaiste and Mini-ster for Health and Children the reason a patientwas sent from Dublin to Limerick by taxi at a rateof \600 for minor eye surgery under the nationaltreatment purchase fund while other patientshave been denied access to treatment by privatehospitals due to the fact that the hospitals hadbeen informed that the national treatment pur-chase fund has filled its quota of patients for theyear 2005; the steps she will take to ensure thatthe Comptroller and Auditor General requests afull review of the national treatment fund in 2005to assess whether it is providing value for money;and if she will make a statement on thematter. [29481/05]

Ms Harney: In its service plan for 2005 thenational treatment purchase fund set a target ofhaving treatment arranged for 16,000 patients.Up to the end of September a total of 12,000

patients were treated. Under the fund more than35,000 patients have been treated to date andwaiting times have been significantly reduced.

The majority of these patients have had theirtreatment provided in private hospitals in Ireland.The NTPF is working closely with privatehospitals to identify and locate the necessarycapacity to have patients treated while at thesame time managing the number of treatmentsbeing provided in order to reach its target for2005. My Department has been informed by theNTPF that patients have not been denied accessto treatment in private hospitals. There is noreason any patient should have been turnedaway. All surgery planned to the end of the yearis set to go ahead.

With regard to the transport of patients, Iremind the Deputy that the policy of the NTPFis to provide transport for patients where it isdeemed medically necessary or where there arepeople with special needs, for example the elderlyor the infirm. In the case to which the Deputyrefers, the procedure involved was not minor eyesurgery as it required the patient to have ageneral anaesthetic and to stay overnight inhospital. Transport was decided having regard topatient safety and best medical practice. Therewas no taxi fare of \600.

In general, the number of patients that requiretransport is small and the cost of taxis to theNTPF last year was under \4 per patient treated.In the case of a patient going abroad for treat-ment the travel costs are paid for by the fund.The authorisation of transport is considered onan individual basis, particularly in circumstanceswhere lack of transport would present a barrierto a patient being treated. Otherwise patients areresponsible for their own transport.

In the context of his examination of myDepartment’s Appropriation Account for 2004,the Comptroller and Auditor General carried outa review of the operation of the NTPF in 2004.During his review the Comptroller and AuditorGeneral received the full and comprehensive co-operation of the fund. The responses from thefund and my Department to the issues raised inthe Comptroller and Auditor General’s reporthave been fully recorded in the text of the report.As a statutory body funded by the Exchequer, theannual accounts of the national treatment pur-chase fund will be audited by the Comptrollerand Auditor General.

Additional information not given on the floor ofthe House.

The fund’s accounts for 2004 are currentlybeing audited by the Comptroller and AuditorGeneral. It is a matter for him to decide whichState organisations or State funded programmesare to be the subject of value-for-money audits.

The fund will continue to arrange treatment forpatients and the immediate priority for it in 2006


[Ms Harney.]

will be to ensure the fullest co-operation fromindividual hospitals and consultants in dealingwith patients waiting longest for surgery. TheHealth Service Executive has been asked toensure that this co-operation continues so thatthose patients waiting for treatment can be facili-tated by the fund.

Ms McManus: I thank the Tanaiste for herreply, but it is not very satisfactory. It wasreported that a patient requiring minor eye sur-gery was transported by taxi from Dublin toLimerick at a cost of \600. That report was madeon 7 October, but now the Tanaiste says it is nottrue. I am surprised, if it was not true, that it wasnot immediately rebutted.

Will the Tanaiste accept there are questionmarks over the national treatment purchasefund? This may grieve her because the fund isthe particular baby of the Progressive Democrats.There are serious questions with regard to thevalue for money or otherwise of the fund. Weknow now that 36% of cases were seen in publichospitals which means in effect that thosehospitals were paid twice to look after patients.

Will the Tanaiste reflect again on what she saidabout no patient being denied access to carethrough the national treatment purchase fund? Ihave evidence to the contrary. A constituent ofmine ——

An Ceann Comhairle: Has the Deputy aquestion?

Ms McManus: Is the Minister aware there havebeen a number of cases where patients wereapproached by the NTPF, but when they weredirected towards a hospital they were deniedcare? One was a constituent of mine. Is the Mini-ster also aware of a case relating to a person fromDunboyne in County Meath? When the familyphoned the hospital, it replied that it had receiveda written directive from the NTPF not to take anypatients until January.

Will the Minister reflect on her reply because Iam sure she does not intentionally want to mis-lead the House? The examples I have given arethe actual record and I ask the Minister to com-ment on it.

Ms Harney: I corrected the report of the \600taxi fare on the day it appeared. Many inaccurac-ies have been reported in recent weeks, includingone that somebody turned up for surgery and itwas cancelled and another that we had changedthe medical guidelines for assessing terminally illpatients. Both were untrue, as is this report.

When the treatment purchase fund arrangestreatments for people, they proceed unless thereis some medical or other reason they cannot, nota lack of funding. The fund got a budget for this

year which I increased by 50% and it will spendthat money this year. It arranges treatment withvarious hospitals, some 10% of which will be inpublic hospitals. The reason that 10% will be inpublic hospitals is that some of the surgery is verycomplex, particularly that relating to paediatrics.The facilities do not exist in private hospitals tohave that treatment carried out. The figure washigher, but when I came to the Department ofHealth and Children I directed that no more than10% of the treatment would take place in publichospitals because the idea is to provide treatmentin spare capacity in the private sector for thosethat are waiting longest.

The figures for those waiting more than 12months for treatment are down by 70%. Thosewaiting for six to 12 months are down by 50%.For some 17 of the top 20 surgical procedures,the waiting period is two to four months. This ishuge progress.

Ms McManus: Does the Tanaiste accept that Ihave a written reply from the HSE stating therewas a change with regard to medical card andmeans testing for terminally ill patients? I havethis in writing and will send it to her.

Since I made that statement public, I havereceived quite a number of letters and phone callsfrom terminally ill patients or their families stat-ing that they are being means tested——

An Ceann Comhairle: We have to move on aswe have been seven minutes on this question. TheTanaiste may make a brief reply.

Ms McManus: ——and nothing the Tanaistecan say will go against the experiences of ter-minally ill patients who are being means testedfor medical cards-——

An Ceann Comhairle: The Deputy is using upother Deputies’ time.

Ms McManus: ——on which the Tanaiste per-sists in misleading the House and the public.

Ms Harney: The guidelines used for assessingterminally ill patients for medical cards are theguidelines that were used when Deputy Howlinor Deputy Noonan were Ministers for Health andChildren or even the former Minister, Mr.Brendan Corish, if the Deputy wants to go backthat far. The guidelines have been used for thepast 30 years without change and will not change.

Ms McManus: The Tanaiste should tell that tothe HSE.

Ms Harney: It knows that.

Hospital Services.

94. Mr. Connolly asked the Tanaiste and Mini-


ster for Health and Children if she has noted theunanimous call by the seven consultant surgeonsat Monaghan and Cavan general hospitals threeweeks ago for restoration of acute emergency sur-gical services at Monaghan General Hospital; ifshe will prevail on the Health Service Executivenorth-east region to accede to their call by restor-ing Monaghan hospital to surgical on-call status;and if she will make a statement on thematter. [30005/05]

Ms Harney: I express my sincere sympathies tothe family of the late Mr. Patrick Walsh, RIP,who died tragically at Monaghan GeneralHospital last Friday. His death should not havehappened. I have been informed that an intensivecare bed was vacant in Cavan General Hospitalwhen Mr. Walsh needed to be transferred.

The circumstances surrounding this tragedyrequire thorough investigation. Mr. DeclanCarey, a consultant surgeon at Belfast CityHospital and an honorary senior lecturer atQueen’s University, will carry out an independentand external review of the circumstances sur-rounding Mr. Walsh’s death. The review will becompleted and a report will be issued within eightweeks. I look forward to the review answering allthe questions relating to this tragic case as amatter of urgent public interest and patientsafety.

The policy approach in respect of surgicalservices for the Cavan-Monaghan hospital groupwas set out in the 2004 report of a steering groupthat was established by the former North EasternHealth Board. The recommendations of thesteering group, which was representative of allthe key stakeholders and included consultant rep-resentation from both hospitals, were unani-mously approved by the group’s members. Thesteering group recommended that major andemergency surgery should be carried out inCavan General Hospital and that MonaghanGeneral Hospital should provide selective elec-tive surgery. The steering group’s recommend-ations reflected the advice of the Royal Collegeof Surgeons in Ireland. In accordance with therecommendations, a full surgical team based inCavan will provide services at Monaghan GeneralHospital in the form of selective elective surgeryon a Monday to Friday basis.

In accordance with the steering group’s recom-mendations, the hospital returned to offering 24-hour seven-day medical cover in January 2005. Athird consultant physician has been in positionsince November 2004 and five new anaestheticnon-consultant hospital doctors have beenrecruited to facilitate the return of the hospital tomedical on-call. The HSE recently appointed anon-practising lead consultant surgeon at theCavan-Monaghan department of surgery. Theremit of the surgeon is to oversee an implemen-tation plan arising from the Royal College of Sur-

geons in Ireland’s advice on the future configur-ation of surgical services in Cavan andMonaghan. Measures being taken in that regardinclude the appointment of surgeons to fill exist-ing or forthcoming vacancies.

The arrangements I have outlined, which arebeing put in place by the HSE, are designed toenhance the overall level of surgical servicesacross the Cavan-Monaghan hospital group. TheHSE recently informed the Department ofHealth and Children that it will keep the matterunder continuing review.

Mr. Connolly: I am sure the Tanaiste will agreethat if we had taken on board the letter writtenby the consultants, we would not have had toendure the events of last Friday, which was a verysad day for the family of the late Mr. PatrickWalsh, who was admitted to Monaghan GeneralHospital on Thursday at 6 p.m. and died at 7 a.m.the following morning. We should not forget theother 16 deaths which have occurred sinceMonaghan General Hospital went off-call.

Does the Tanaiste agree that somebody is get-ting it wrong and that the people are not beinglistened to? Does she accept that the configur-ation of the health services preferred by theformer chief executives is not working and is cost-ing lives? It is not a case of whether another lifewill be lost but of when it will be lost. Does theTanaiste agree that the letter of 15 Septemberlast, in which each of the consultant surgeons inthe Cavan-Monaghan hospital group asked foron-call status be restored to Monaghan GeneralHospital for acute surgical emergencies, shouldhave been dealt with as a matter of urgency? Ifthe consultants’ request had been accepted, Mr.Walsh’s death could have been avoided.

Mr. F. McGrath: Hear, hear.

Mr. Connolly: The consultants’ letter consti-tutes a serious admission on their part that all isnot well. The system is not working, it is unsafe,dangerous and costing lives. I am sure theTanaiste will take into consideration the view ofthose charged with delivering this service that itis not safe.

The nation is shocked that the health service isin such a state that a person can be admitted tohospital, left in a hospital bed, given blood andallowed to die. Last Friday’s tragedy is com-pounded by the fact that a bed was available. Wasageism a factor in this regard? A major investi-gation is needed. We need to be reassured.

I am bitterly disappointed by the quality of theTanaiste’s response to my question. I hoped shewould say she would listen to the consultant sur-geons who know what they are talking about. TheTanaiste needs to ensure that on-call status isrestored to Monaghan General Hospital for acutesurgical emergencies, in line with the consultants’


[Mr. Connolly.]

request. Will the Tanaiste assure the House thatshe will talk to every consultant surgeon in theCavan-Monaghan hospital group? Will she assureme that she will listen to these professionalpeople?

Mr. F. McGrath: Hear, hear.

Ms Harney: As I said in my initial response, itis clear that the death of Mr. Patrick Walshshould not have happened. The inquiry I referredto previously will have to consider why the inten-sive care bed that was available at Cavan GeneralHospital was not made available to Mr. Walsh.

Mr. F. McGrath: It is a disgrace.

Ms Harney: I look forward to receiving the out-come of the inquiry quickly as it is clear thatmany questions need to be answered.

The issue of giving on-call or off-call status tocertain hospital services, about which I wasspecifically asked, is a matter for the HealthService Executive. It is a question of patientsafety rather than of resources. Deputy Connollysaid that a group of surgeons called unanimouslyin a letter for the return of on-call emergencystatus at Monaghan General Hospital. However,the steering group that unanimously recom-mended that such status be retained at CavanGeneral Hospital included representatives of thegroup of surgeons.

Mr. Crawford: They were not given a choice.

Ms Harney: The Royal College of Surgeons inIreland was also involved. Patient safety must beof paramount importance.

Caoimhghın O Caolain: It clearly is not.

Mr. Connolly: Does the Tanaiste agree that theconsultant surgeons wrote to the Health ServiceExecutive because they had concerns about pati-ent safety and because the steering group’s reportwas not working? The people on the steeringgroup had their hands tied. The consultant sur-geons were asked to implement a configurationof services that was presented to them by the thenchief executive officer. As the consultants havemade it clear to us that the configuration in ques-tion is not working, we will have to address thematter by examining it again. Further deaths willoccur if we do not do so.

Ms Harney: We now have a new organisation.We have received the opinions of representativesof the Royal College of Surgeons in Ireland whoare experts in this area. There are hospitals inDrogheda, Dundalk, Cavan, Monaghan andNavan. The HSE must decide on the configur-ation of hospitals in that region. It will decide on

what will happen when and where. Patient safetymust come first above all else. It must be para-mount in any decision we make on this issue. Itwill guide us in making future decisions.

Mr. Connolly: The consultants signed the letterto which I referred because they are concernedabout patient safety. They are concerned whenthey hear about 40 patients being placed on trol-leys at Cavan General Hospital. They are con-cerned about not being able to cope. That is whythe letter was sent to the HSE. The Tanaistecannot allow the problems to which I havereferred to continue.

Ms Harney: The consultants were representedon the steering group.

Caoimhghın O Caolain: No.

Mr. Crawford: There was one consultant on thesteering group.

Ms Harney: The group agreed unanimously onits report.

Mr. F. McGrath: It is a disgrace.

Hospital Accommodation.

95. Dr. Twomey asked the Tanaiste and Mini-ster for Health and Children if the provision of3,000 acute hospital beds is still Governmentpolicy; and if she will make a statement on thematter. [29480/05]

Ms Harney: An Agreed Programme forGovernment includes a commitment to expandpublic hospital beds and is in line with the com-mitment in the health strategy to increase totalacute hospital bed capacity by 3,000 by 2011. Sub-stantial investment in additional bed capacity hasalready taken place in acute hospitals. Fundinghas been provided to open an additional 900inpatient beds in public acute hospitals. As of 14October last, 806 of the beds or day places werein place and the remaining 94 beds or day placeswill come on stream over the coming months. Afurther 450 acute beds are at various stages ofplanning and development under the capitalinvestment programme.

Last July, I announced details of an initiativewhich will provide up to an additional 1,000 bedsfor public patients in public hospitals over thenext five years. The HSE has been asked to beginto develop an implementation plan and to priorit-ise proposals with reference to the publichospitals’ requirement for additional bed capa-city. The additional beds will go most of the wayto achieving the commitment in the programmefor Government to increase total acute hospitalcapacity.


The health strategy acknowledges that a signifi-cant proportion of additional capacity in theacute hospital system will be supplied in futureby private providers. The Department of Healthand Children, in conjunction with the HSE, willreview public capacity requirements in the acutehospital sector in light of the developments sincethe health strategy was published and the pro-gress of the initiatives I announced in July.

Dr. Twomey: I take it from the Tanaiste’sresponse that the answer to my question whetherthe provision of 3,000 acute hospital beds con-tinues to be Government policy is “Yes”. I offermy condolences to the family of the late Mr.Patrick Walsh. The Tanaiste and I know why theintensive care bed available in the Cavan-Monaghan hospital group was not used. Sheneeds to clarify this aspect of the matter at alater stage.

I was tempted to begin my response to theTanaiste’s comments about Government policyby saying that it seems that she disagrees with herboss. Many people are confused about who runsthe health services. I would have assumed thatthey are being run by the Tanaiste, but it seemsthat Professor Drumm has become the drivingforce. He has said there is no need for more acutebeds in the Irish hospital system. His commentsmay be seen as a U-turn on Government policy.

An Leas-Cheann Comhairle: The Deputyshould ask a question.

Dr. Twomey: My question is quite clear. Theformer Minister for Health and Children, DeputyMartin, announced in the health strategy, Qualityand Fairness — A Health System For You, thatan additional 650 acute hospital beds would beprovided in our health care system by the end of2002. That announcement was made before theprevious general election, but in October 2005 wehave not yet provided that number of acutehospital beds in the health system. People arebeing misled. The Tanaiste should make clearwhether the Government is committed todelivering the 3,000 acute beds. There seems tobe every indication it is not committed to this.

Who decides Government policy? It is mislead-ing for the general public when they hear thechief executive officer of the HSE makingannouncements like this one. He is responsiblefor the day-to-day running of our health services.As with the situation in Cavan and Monaghan,the Tanaiste is responsible for the health services.I would like her to clarify whether and when wewill have these acute hospital beds. More thanone hospital in the country expects acute hospitalbeds to be delivered. The Tanaiste should outlinehow committed she is to delivering these beds tothe health services.

Ms Harney: Beds will be delivered if they arenecessary and not for the sake of it. The analysisdone by Dr. Mary Codd, based on demographics,suggested we need 3,000 additional beds by 2011.Over 800 of these were provided up to Octoberof this year.

Professor Drumm made the valid commentthat if we had appropriate facilities for the eld-erly, we would immediately release a substantialnumber of beds. I stated in an earlier reply to theDeputy that 378 patients in the acute system inthe Dublin area could be better placed if alterna-tive facilities, which we are seeking to put inplace, were available. This would release a sub-stantial number of beds. With regard to theannouncement I made in July on freeing upprivate beds in public hospitals, the intention isto provide 1,000 beds. There is huge interest inthis initiative and I believe it will be successful.That, together with the 450 beds planned forMullingar Hospital, the Mater Hospital, where100 beds are planned, and a number of otherlocations throughout the country, will bring usvery close to the target of 3,000 beds. We areoptimistic we will achieve that target by 2011.

Professor Drumm’s job as chief executiveofficer of the HSE is to deliver health services.As there is no point making policy that isunnecessary, there must be a close workingrelationship between the Department and theoperational side and policy side of the healthservice. If it were the case that either more bedsor less beds were required, the policy makerswould have to bear this in mind and reflect it inany policy decision made. However, as of now, tohave a further 3,000 beds by 2011 is the plan.

Dr. Twomey: Are 1,000 of the 3,000 beds theones she refers to being developed by theprivate system?

Ms Harney: Yes.

Dr. Twomey: That was never announced at anystage of the health strategy. While the Tanaistecame up with the figure of 1,000 beds, she mustbe quite clear where the beds will be located. Willshe indicate where she expects these 1,000 bedsto be found in a couple of years or what partsof the country are deemed to require them? It isdifficult to work out in which public hospitals thebeds will be located.

The role of the HSE is an important factor. Touse the term used by the Taoiseach last week, theTanaiste is almost dumping on the HSE all theproblems cropping up in the health services. TheTanaiste, to some degree, and the Taoiseach arenot taking personal responsibility for many of theproblems arising in the health services.

Ms Harney: I do not accept that. With regardto the question of where the beds will be located,


[Ms Harney.]

we considered the private activity in publichospitals. For example, last year some 46% ofelective surgery at Tallaght Hospital was carriedout on private patients. The beds will be locatedin Waterford, Limerick, where plans are fairlyadvanced, and in Dublin at St. James’s Hospital,Beaumont Hospital and the James ConnollyMemorial Hospital, Blanchardstown, which allhave plans. The matter is one for the HSE toadvance, considering the overall needs of part-icular hospitals and the situation in each area. Wedo not want to displace existing private hospitalsso the process must make sense at a local levelas well.

I do not accept that we are not taking responsi-bility. There are clear lines of accountabilityunder the new arrangement. There is one Mini-ster for Health and Children, responsible to theOireachtas for health policy. The chief executiveofficer of the HSE is the Accounting Officer andresponsible to the Oireachtas for the expenditureof money on day-to-day health care services.

MRSA Incidence.

96. Ms McManus asked the Tanaiste and Mini-ster for Health and Children the figures in respectof the number of cases of MRSA in each of thepast three years and to date in 2005; the numberof fatalities attributable to MRSA; the stepswhich are being taken to reduce the incidence ofMRSA; if her attention has been drawn to theview expressed by top management in the mainteaching hospitals in Dublin that measures toimprove facilities and tackle overcrowding inhospitals will be required to deal with MRSA;and if she will make a statement on thematter. [29482/05]

Ms Harney: There were 445 reported cases ofMRSA blood-stream infection in 2002, 480 casesin 2003 and 550 cases in 2004. The figure for thefirst six months of 2005 is 314 cases. The increasein the reported number of cases of MRSA inrecent years is mainly due to increased surveil-lance as a result of more laboratories participat-ing in the reporting process. It is difficult to iden-tify the number of fatalities attributable toMRSA as many people also have significant othermedical problems. I have already asked theHealth Service Executive to develop systems andmethodologies of reporting of MRSA infectionsby hospital, so we may have a fuller picture of thelocation and extent of these infections.

Effective infection control measures, includingenvironmental cleanliness and hand hygiene, arecentral to the control of hospital acquired infec-tions, including drug-resistant organisms such asMRSA. Good hand hygiene is one of the simplestand most effective measures that can be used tostop the spread of MRSA and other infections.

I expect to receive a report shortly from thedirector of the National Hospitals Office on thenational hygiene audit. The results of the auditwill form the basis for the changes that arerequired in work environments and work prac-tices so as to meet the highest possible standardsof cleanliness in hospital settings. I have alreadypromised that the results of the hygiene audit willbe made public. The HSE will also publishnational infection control standards and nationalcleaning standards, which are a consistent androbust set of hygiene standards for hospitals.Where previously standards may have dependedon the approach of a particular hospital or healthboard, the HSE can now ensure every hospitalwill share and meet the same high standards ofcleanliness and infection control. My Departmentis continuing to engage with the HSE to agree aseries of actions over the coming period soMRSA can be effectively dealt with, so as toachieve a reduction in the incidence and effectsof these infections.

Ms McManus: I thank the Tanaiste for thatinformation. The increase in the number ofMRSA cases being reported is startling and weall recognise there is under-reporting. I take it weare only talking about hospitals whereas infor-mation in regard to nursing homes and the widercommunity is not included. Therefore, I presumethe figures should be much higher.

Does the Tanaiste accept the news that fivebabies in the national maternity hospital are car-riers of MRSA is a matter of great concern? Isshe able to state that staff within hospitals aredoing what she asks, namely, washing theirhands? What method has she to evaluate this?Does she accept this is not just a matter of wash-ing hands? Indeed, she has been criticised by asenior consultant for trivialising the matter bystating it is about cleanliness and the washing ofhands when there is also the issue of over-crowding. What does she have to say about theimpact of overcrowding on the rate and extent ofinfections, such as MRSA, within our hospitals?How does she intend to achieve the OECD levelof 85% bed occupancy? What are her plans inregard to these issues, which I am sure she willagree are as important as that of washing hands?

Ms Harney: I accept the issue is about morethan washing hands, although all the internationalevidence and the expert medical advice availableto me would suggest it makes the single greatestcontribution. It will be a matter for the HSE. Theaudit, which will be published by the end of thismonth, will give us baseline figures and willprovide interesting data, hospital by hospital,which can be measured on an ongoing basis. Thatwill be significant.

There is now a major emphasis on hygiene andcleanliness. However, I accept the Deputy’s point


that more isolation wards are needed. The inter-national average would suggest there should notbe bed occupancy of more than 80%-85%. Thehospital of the future will have many more singlerooms than is the case at present. There havealways been hospital infections. Our duty is tominimise these by using the hygiene tools avail-able to us. We need more isolation facilities and itis clear that more beds would make an importantcontribution to this.

Ms McManus: The Tanaiste did not answer myquestion on the number of fatalities.

Ms Harney: I do not have that data. My replystated that many people die from underlying con-ditions. I do not think that information isavailable.

Ms McManus: I would have thought this wassignificant information that one should have.

Ms Harney: I stated that while some peoplewith MRSA die, they also have underlying con-ditions. I do not have a breakdown as to howmany die purely from MRSA and I do not thinkanyone has that data.

Ms McManus: While I do not want to delay, Iask that the Tanaiste reconsider this approach. Ihave no doubt that people die from MRSA but itis not being attributed as the cause of death. Weneed to know how many because there are clearlycases of individuals who have died from MRSA.It is simply unacceptable that the Minister forHealth and Children is unable to tell us howmany such cases there are.

Ms Harney: It is not only the Minister forHealth and Children who is not able to tell theDeputy, nobody else can tell her either becausewe do not have that data recorded. Peopleacquire MRSA in many settings and not exclus-ively in a hospital environment. As I said, theHSE will work on a hospital by hospital reportingmechanism. If it is possible to separate the dataand establish if somebody died from MRSA asopposed to something else, clearly it would bedesirable to have that data. At present we reportincidence of MRSA in hospital settings and theyare the figures I have.

Medical Cards.

97. Mr. Hogan asked the Tanaiste and Ministerfor Health and Children the number of the 30,000medical cards which she announced in November2004 for 2005 which will have been delivered by2005; and if she will make a statement on thematter. [28918/05]

114. Mr. Gilmore asked the Tanaiste and Mini-ster for Health and Children the reason none of

the 30,000 additional medical cards promised byher in November 2004 have yet been issued; ifshe will review eligibility limits for medical cards;and if she will make a statement on thematter. [28791/05]

126. Mr. Gilmore asked the Tanaiste and Mini-ster for Health and Children the number of medi-cal cards issued in June 1997, June 2002, June2004 and the latest date for which figures areavailable; if the Government will honour thepledge in An Agreed Programme for Govern-ment to extend eligibility to bring in another200,000 persons; and if she will make a statementon the matter. [28792/05]

144. Mr. Sherlock asked the Tanaiste and Mini-ster for Health and Children when the long prom-ised general practitioner cards will be issued; ifall industrial relations issues arising from the cardhave now been resolved; and if she will make astatement on the matter. [28790/05]

Ms Harney: I propose to take Questions Nos.97, 114, 126 and 144 together.

In January 2005 I increased the income guide-lines used in the assessment of medical card appli-cations by 7.5%. In June it was apparent that theeffect of rising income in our successful economymeant that the target of 30,000 additional medicalcards would not be achieved. At this time I sim-plified the means test for both medical cards andGP visit cards. It is now based on an applicant’sand spouse’s income after income tax and PRSIand takes account of reasonable expensesincurred in respect of rent or mortgage payments,child care and travel to work. This is much fairerto applicants.

I announced on 13 October 2005 that theincome guidelines for both medical cards and GPvisit cards would be increased by an additional20%. This means the income guidelines are now29% higher than this time last year. This substan-tial increase in the assessment guidelines willallow many more people to visit their familydoctor free of charge. I urge people to applystraight away for these important benefits. Iunderstand from the HSE that issues raised byIMPACT and SIPTU, which represent HSE staffassessing applications, have been addressed.

The HSE has advised my Department that inthe period from January to September this year,nearly 150,000 new medical cards were issuedwhile just over 145,000 were withdrawn for var-ious reasons, including death, income changesand data updates. Many people have benefited bygetting a medical card for the first time in 2005.

A simple comparison of the 1997 to 2005 fig-ures does not take account of the fact that over104,000 invalid cards have been removed sincethat time following concerns which arose aboutinaccurate GMS lists. If allowance is made for the


[Ms Harney.]

effect of this necessary exercise, there has been anet increase over the period of 10,000.

My Department and the HSE will continue tomonitor the number of cards issued. The Govern-ment’s commitment in the programme forGovernment to extend eligibility for medicalcards will be kept under review in the light ofother competing service priorities, availableresources and the graduated benefits approachwhich I introduced with the GP visit card.

Dr. Twomey: I would like the Minister to givea commitment on a few issues regarding thedoctor only medical card and the full medicalcard. The doctor only medical which is beingintroduced along side the full medical card isbeing seen as a means to give some help to thoseat the margins of entitlement to a medical card.Currently 1.1 million people have a full medicalcard and many of those patients are concernedthat the Minister will try to substitute the fullmedical card with the doctor only medical card.Will the Minister draw up a minimum number ofthe population who will be entitled to a full medi-cal card?

I would also like the Minister to clarify a state-ment I believe she made. She said a family com-prising a mother, father and two children with anincome of \850 per week would be entitled to adoctor only medical card. That would not seemto gel with the information I am getting fromsome of the local HSE offices when people applyfor medical cards. The Minister is being a littlegenerous and is including every entitlementgoing. She should make it clear that the incomethreshold is not \850 per week because manypeople will believe they are entitled to doctoronly medical cards if they earn less than \850 perweek which is, of course, far from the case.

Will the Minister give a commitment that fullmedical cards will not be substituted with doctoronly medical cards in the years ahead because ofthis policy?

Ms Harney: It is true that somebody in thosecircumstances, depending on their outgoings, canqualify for a medical card. For example, the basicincome is \266.50 per week with a child depend-ant allowance of \76, child care expenses of \220,housing or mortgage payments of \190 and travelto work of \50. We gave a number of exampleslast week and published the data. The whole pur-pose is not to have a percentage of the populationon medical cards but to try to ensure whateverresources are available are targeted at those whoneed them most.

Incomes have risen very sharply in this econ-omy in recent years. In fact, official data are waybehind what is happening in the real economy.Although 150,000 new medical cards have beenissued this year to date, there was not an

additional net 30,000 because many people fellout of the net to due income or otherwise.

The doctor only medical card is an initiative tohave a graduated level of benefit. By providingdoctor only medical cards, it allowed us to givethe card to four times more people than if westayed with the traditional medical card. I havealways been a fan of graduated benefits. It meansthat families on low enough incomes and, in somecases, on modest gross incomes, depending ontheir outgoings, will not be afraid to go to thedoctor because of the resource implications. Infact, the Deputy advocated such a proposal pre-viously. Many general practitioners felt thiswould be a good idea, which I believe it will be.

There is no intention to substitute the tradit-ional card with the doctor only card. We want tomaintain the current regime where those on thelowest incomes, social welfare recipients, thoseover 70 years of age and people with particulardifficulties get the full medical card and where thenext layer, depending on income and particularcircumstances, will get the doctor only medicalcard.

Caoimhghın O Caolain: Does the Ministershare my view that those who need the medicalcard the most are children and that if she wantsto make a real difference in regard to healthcarenot only in the current situation but as an invest-ment into the future, she should address theneeds of children now? Will she indicate if shehas considered, proposed or has argued for atCabinet the extension of full medical card coverto all children under 18 years of age and if not,will she explain why?

Ms Harney: I am not a great fan of universalpayments to everyone regardless of meansbecause that hits those who are not as well offunfairly, that is, if relatively rich people get thesame benefits as less well off people.

Caoimhghın O Caolain: That is what has beendone for the over 70s.

Ms Harney: When one applies something uni-versally to a class of individuals — in this case,children — it can be unfair on others because onehas a finite amount of resources. All the evidencesuggests that the medical need is greatest amonglower income families in particular. That is whatwe are doing with the traditional medical cardand the doctor only card. Given that we increasedthe income guidelines by 20% last week, sincethis time last year, the income threshold has goneup 29%. There is a further 25% top up for thedoctor only card. That should include a wholehost of people who heretofore had to pay to goto the doctor. It is a welcome measure and weshould review it as time goes on.


4 o’clock

Caoimhghın O Caolain: I accept the Minister’spoint that it is lower income families who needthese cards the most. However, does she not

accept the reality that there are manyfamilies on what would be regardedas moderate incomes who, because

of their commitment to the workplace, namely,two earning parents, the outlay on child care,mortgages and other such expenses, which werenot all together reflected even in the new con-figuration she announced last week, face hardshipand that children suffer in such circumstances? Ido not believe the Tanaiste can universally applyher earlier response and claim children are notsuffering as a consequence. They are sufferingand the only way to ensure all children areadequately catered for and that we invest in thehealth of the nation is through the extension offull medical card cover to all children under 18years. Will the Tanaiste accept this proposal?

Ms Harney: I do not accept this because usinggross income is not a fair way of calculatingentitlement. That is why there are deductions fortax purposes, such as PRSI, travel-to-work, mort-gage repayments and child care. For example, asingle mother with one dependent child can earnmore than \584 a week and still get a full medicalcard depending on her outgoings. Travel to workcould cost \40 a week and child care \100 a week.These can be added to her income when she isassessed for a full medical card. The new assess-ment mechanism will help us to target both thefull and doctor-only card to those who need itmost.

Ms McManus: Having heard the Tanaiste sayshe does not believe in universal benefits, was thereason she supported the over-70s medical cardscheme to attract votes in the last general elec-tion? She seemed to be overriding her naturalinclination against universal benefits. TheGovernment promised 200,000 medical cards.When will we get them?

Ms Harney: There was a commitment on medi-cal cards in the election manifesto of my col-leagues in Government. We will get more than200,000 medical cards with the doctor-only cards.

Ms McManus: When will we get them?

Ms Harney: We must become less fixated withnumbers and target the needs of families, childrenand the elderly. The way the Government isdoing this, particularly discounting income out-goings, will ensure many people who traditionallywould not have qualified because of their grossearnings will now come into the medical card netwith either the full or doctor-only card. Thedoctor-only card meets the needs of a substantialnumber of people, particularly those with chil-

dren. They want to be confident that if a child issick they can get the opinion of the doctor with-out worrying about costs. Often in such cases, nofollow-up medication is required.

Older people have greater health needs thanyounger people. However, the costs of the over70s has been high. Issues have arisen in the con-text of re-negotiating the GMS contract. Someelderly patients are worth more than others toparticular doctors. It must be asked——

Ms McManus: The Tanaiste did the deal.Where was she then?

Ms Harney: When we introduced the doctor-only card, no special deal was done with DeputyTwomey’s colleagues, notwithstanding the factthat it was sought.

Dr. Twomey: A certain form of statistical dis-crimination was introduced into how people weretreated if they had a medical card.

An Leas-Cheann Comhairle: Question No. 98has been called. It is not in order for the Memberto speak.

Vaccination Programme.

98. Mr. Rabbitte asked the Tanaiste and Mini-ster for Health and Children the steps she willtake following the recent revelations that it willbe 2006 before an estimated 180,000 children inthe State will be able to get the booster vacci-nations they require to protect them from a bugwhich can cause a lethal form of meningitis; andif she will make a statement on the matter.[28812/05]

168. Dr. Twomey asked the Tanaiste and Mini-ster for Health and Children when the boostervaccination in the second year of life to preventhaemophilus infection will be introduced; and ifshe will make a statement on the matter.[28954/05]

188. Dr. Twomey asked the Tanaiste and Mini-ster for Health and Children when the HealthService Executive took delivery of Hib boostervaccine and when vaccination will begin; and ifshe will make a statement on the matter.[28955/05]

Minister of State at the Department of Healthand Children (Mr. B. Lenihan): I propose to takeQuestions Nos. 98, 168 and 188 together.

Haemophilus influenzae type B is a bacteriathat can cause serious infections in humans,particularly in children, but also in individualswith a weakened immune system. Haemophilusinfluenzae type B bacteria is one of six haemo-philus types. It can cause several diseases such asotitis media, or bacterial or viral infection of the


[Mr. B. Lenihan.]

middle ear, meningitis, pneumonia, septicaemia,epiglottitis septic arthritis, cellulitis and osteo-myelitis. Known as Hib, it lives in the nose andthroats of humans and is transmitted from personto person through respiratory droplets or contactwith respiratory secretions. The bacteria may becarried around in the nose and throat for a shortwhile or for several months without causingsymptoms, in an asymptomatic carrier.

Dr. Twomey: Is this a medical lecture?

Mr. B. Lenihan: In some individuals, partic-ularly those most at risk, Hib will invade the bodycausing invasive disease.

The Hib vaccine was introduced into Ireland in1992 and since then babies have been routinelyimmunised at two, four and six months of age.There was a dramatic decrease in the number ofHib cases from 100 per year in the late 1980s toten cases or less by 2002. Although a slightincrease in total Hib diseases has been seen since2003, the total number of cases in children under15 years has only increased slightly. There wereseven cases in 2002, ten in 2003, nine in 2004 and11 up to September of this year.

Most of the cases were in non-vaccinated chil-dren up to 2004. The priority was to improve thevaccination uptake. A recent cause of concernhas been the steady increase in the number ofchildren developing Hib disease despite full vac-cination, referred to as the Hib vaccine failures.From 1996 to 2003, one to four children each yeardeveloped Hib despite full vaccination. This roseto six in 2004 and there have been ten cases thisyear to September.

The national immunisation advisory committeehas been keeping the position under review. Aletter on 28th July recommended that the Depart-ment implement a catch-up campaign for childrenfrom six months to four years of age as soon aspossible. In addition, the advisory committee willrecommend a booster dose of Hib vaccines aspart of the primary immunisation schedule in theplanned new additions to the guidelines. TheHealth Service Executive announced on 20September that it made the introduction of acampaign an urgent priority. It will commence itsintroduction as soon as possible.

The campaign is due to be launched in Nov-ember 2005. It will be implemented on a phasedbasis over six months, phase 1 to cover childrenaged one year and not yet two years, phase 2,children aged two years and not yet three years,phase 3, children aged three years and not yetfour years. Children becoming 12 months of ageduring the campaign will also be offered the vac-cine. A portion of the vaccine has already arrivedand will be distributed to general practitioners.

An initial letter will be forwarded to generalpractitioners in the coming week advising them

of the phased implementation. Further letters willissue at the commencement of each phase of thecampaign. A letter will be issued to all parentsand guardians of children in each of the phasesinviting them to attend for vaccination. Infor-mation leaflets for parents and health pro-fessionals have been compiled and will be circu-lated prior to the commencement of thecampaign. Public awareness initiatives will also beorganised at the commencement of each phase ofthe campaign.

Ms McManus: I thank the Minister of State forhis comprehensive reply, much of which was notrequested. It was an interesting lecture in thebackground to the issue. Can I have the attentionof the Minister of State?

Mr. B. Lenihan: The Deputy had and has myundivided attention.

Ms McManus: While 48,000 doses of the boos-ter vaccine will be available this October, 180,000children need it. The immunisation committee isconcerned by this. It wrote to the Department inJuly but this is the amount we are informed aboutnow. Rather than concentrating on extraneousitems, how soon will those 180,000 children beprovided for? Has the Health Service Executivereceived the additional funding of \10 millionneeded to protect these children? The Ministerof State is aware the issue received much mediaattention because a child died.

Mr. B. Lenihan: Correspondence was writtenon 28 July 2005 and the Chief Medical Officer inthe Department received it on 3 August 2005.The Department then took the matter up withthe national director of population health in theHealth Service Executive, referring to the recom-mendations of the national council andrequesting that appropriate action be taken toprovide an effective level of community protec-tion. On 16 August 2005, the assistant director ofpopulation health to the Health Service Execu-tive wrote to the Department and confirmed theHealth Service Executive was keen to implementthe recommendations and that planning for thishad commenced on 6 September.

The Department reaffirmed to the HealthService Executive that the allocation of resourcesfor this priority public health initiative was amatter for the Health Service Executive havingregard to its contingency fund and the 2006 Esti-mates process. The executive announced on 20September 2005 it had made the introduction ofthe campaign an urgent priority and will com-mence its introduction as soon as possible. This isthe history of the Department’s involvement inthe matter. I have outlined the basis of the cam-paign which will be launched in mid-November

1477 Adjournment 18 October 2005. Debate Matters 1478

and will be on a phased basis of six months, start-ing with the relevant categories of children.

Ms McManus: There are 48,000 doses availablenow. Within the six months of the campaign, willfull cover be provided and accessed by the chil-dren in question? Is that what the Minister is say-ing? A campaign can be many things. I am askingabout the release of vaccines.

Mr. B. Lenihan: As I understand it a portion ofthe vaccine has already arrived.

Ms McManus: Is that the 48,000 doses?

Mr. B. Lenihan: Yes. The rest is ordered.

Ms McManus: When will it come? That is notmuch comfort to those not among the 48,000 toreceive the vaccine.

Mr. B. Lenihan: The purpose of the six-monthcampaign is to cover all the relevant categories.

Ms McManus: Campaigns are one thing. Iasked about the delivery of vaccines. There areproblems with vaccines in other areas. All I wantto know is when the Government will have thefull complement.

Mr. B. Lenihan: I will have to communicatewith the Deputy on that matter. I do not havedetails of when particular consignments of vac-cines will be delivered.

Ms McManus: I would be grateful if the Mini-ster of State would.

Dr. Twomey: The Minister of State has issueda tender for the vaccines. There has been theusual delay of 25 days, although it might havebeen 52 days had it been a normal tendering pro-cess. He has not, therefore, taken ownership ofeven one of the vaccines yet. That is the problem.A great deal of misleading information has beengiven. The long story the Minister of State toldleading up to this gives a good indication of whatis happening.

The Health Service Executive had no intentionof purchasing any of these vaccines in 2005because of a lack of funding. The Minister ofState’s chronology explains what went wrong.There was a public outcry before 20 Septemberand then suddenly the HSE announced it wouldget the vaccines as soon as possible. Even up toten days before that it had no intention of doingso. I know because I was on a radio interviewwith the same person from the HSE who said theexecutive did not have the resources for that year.When the publicity built up the resources sud-denly became available. That is the truth.

The nub of the question is when the Ministerof State will take delivery of the vaccines. Pro-

tracted negotiations have meant there are no vac-cines to give to children who are most at risk fromthe disease this winter. They need a booster intheir second year. The history of what happenedis not important. We just need to get the vaccinesand start vaccinating children, especially thosewho are most vulnerable in this winter season.

Mr. B. Lenihan: I provided full information tothe House on the question in so far as I could. Ido not believe the content of an answer in thosecircumstances should be the subject of the kindof criticism the Deputy initially made. The pur-pose of answers to parliamentary questions is togive information to the House and that is what Idid. It was certainly not an attempt to obscureany issue. The Deputy is wrong to suggest that novaccine has arrived yet. My information is that aportion has already arrived and the balance willbe delivered early next year.

Dr. Twomey: Is the Minister of State sayingthat the 48,000 vaccines are in the cold chain atthis moment, ready to be delivered to doctors’surgeries to give to children?

Mr. B. Lenihan: A portion of the vaccine hasalready arrived in the country and will be distrib-uted to general practitioners. That is what I amsaying to the House. The balance will be deliv-ered in the spring. I gave the full history of corre-spondence between the relevant national council,the Department and the HSE which shows thatdecisions were not taken on foot of any radio dis-cussions the Deputy might have been involved in.

Dr. Twomey: It was not just me. I was told ina radio interview there were no resources thisyear to implement this programme. There was acomplete U-turn within two weeks.

Mr. B. Lenihan: As the correspondence makesclear, the HSE is provided with a contingencyfund. It plans from year to year and takes part inan Estimates process every year. As the Deputyis well aware, the sum voted to that body is verysubstantial and gives it some creative choice tomeet emergencies that arise. That is why we havea Health Service Executive. I have no evidencethat at any stage funds available to the HSEwere insufficient.

Written Answers follow Adjournment Debate.

Adjournment Debate Matters.

An Leas-Cheann Comhairle: I wish to advisethe House of the following matters in respect ofwhich notice has been given under StandingOrder 21 and the name of the Member in eachcase: (1) Deputy Connaughton — the importantmatter of the construction of the western rail cor-ridor; (2) Deputy Deenihan — the delay in

1479 Leaders’ 18 October 2005. Questions 1480

[An Leas-Cheann Comhairle.]

allowing the community nursing unit at KerryGeneral Hospital to go to tender; (3) DeputyRing — to ask the Minister her plans to providea permanent site for a school in County Mayoand the progress made on this matter; (4) DeputyCooper-Flynn — to call on the Minister to updatethe Dail on the progress of the review group toconsider changing the licensing designation oftractors; (5) Deputy Jim O’Keeffe — the issue of25 pupils from the Dunbeacon area who havebeen left without school transport; (6) DeputyTimmins — to ask the Minister his plans toamend sections 9 and 10 of the Housing(Miscellaneous) Provisions Bill 2002; (7) DeputyCowley — to ask the Minister if she can guaran-tee the site acquisition for Gaelscoil na Cruaiche,Westport, County Mayo; (8) Deputy Connolly —to discuss the unanimous call for the immediaterestoration of acute surgical emergency servicesat Monaghan General Hospital; (9) DeputyCrawford — to ask the Minister to make sure thatMonaghan General Hospital is brought back oncall for surgery; (10) Deputy Pat Breen — thatthe Minister would fast-track the water filtrationplant project for Ennis as a matter of publichealth and safety; and (11) Deputy Twomey — toask the Minister to clarify a recent statement thatprimary and secondary schools should not be onthe same site in Gorey.

The matters raised by Deputies Connolly,Crawford, Connaughton and Jim O’Keeffe havebeen selected for discussion.

Leaders’ Questions.

Mr. Kenny: I am sure the House will agree thatwe should express our condolences and sinceresympathies with the family of the late Pat JoeWalsh who died in Monaghan General Hospitalon Friday last. Mr. Walsh’s death was the latest ina number of tragic incidents in the north-easternhealth area. Difficulties with health and hospitalservices are not new. The Taoiseach will be awarein recent years of the tragic case of BronaghLivingstone and Benny McCullagh. It seems clearthat the decision to withdraw permission to medi-cal staff in Monaghan General Hospital to carryout surgical procedures after 5 p.m. was a criticalfeature in this latest tragic case.

One year ago this party tabled a PrivateMembers’ motion expressing concern over issuesof quality in the health service in this area. Earlierthis year I raised this matter with the Taoiseachon leaders’ questions. Despite these politicalwarnings nothing has changed. In the last twodays both he and the Tanaiste have sought to dis-tance themselves from any political responsibilityfor this tragedy and are now desperately trying topoint a finger at the Health Service Executive.Today, in an article under a headline entitled“You would not let an animal die the way he

died”, the Tanaiste says that all questions relatingto services and facilities available at differenthospitals are now a matter for the HSE to deter-mine. On Monday the Taoiseach is quoted as urg-ing the HSE to look at hospital services in theMonaghan region and resolve the issues. He isfurther quoted as saying he hoped the HSE wouldresolve this situation.

The people are outraged at this latest tragedy.It is incomprehensible how a man can be allowedto die and his life’s blood to flow away when thepersonnel, skills and theatre facilities were avail-able in Monaghan General Hospital to carry outa life saving procedure. It is utterly astonishingthe Government continues to wash its hands ofpolitical responsibility for the chaotic state of thehealth services.

Under section 10 of the Health Act 2004, theMinister for Health and Children can issue a writ-ten directive to the HSE. Will she now issue sucha directive that in similar circumstances noadministrative procedure will prevent surgicalteams from carrying out life saving operations onany patient? Will the Taoiseach explain to theHouse and to the people how the circumstancessurrounding the death of this man in MonaghanGeneral Hospital are a matter for the HSE, butif the executive wants to buy a single computer,it is a matter for the Department of Health andChildren? Arising out of this latest tragedy willthe Taoiseach now see to it that MonaghanGeneral Hospital is put back on call?

The Taoiseach: I join Deputy Kenny and theTanaiste when she raised the matter earlier inextending my sincere sympathies to the familyand friends of Patrick Walsh of Carrickmacrosswho died at Monaghan General Hospital lastFriday, 14 October. The circumstances surround-ing the death of Mr. Walsh will, as we heard fromthe Tanaiste earlier, be the subject of an indepen-dent review to be undertaken on behalf of theHealth Service Executive by Mr. Patrick DeclanCarey, a consultant surgeon at Belfast CityHospital and an honorary senior lecturer atQueen’s University Belfast City Hospital. Thatreview is to be completed and a report issuedwithin the timeframe outlined by the Tanaiste.The terms of reference for the review are beingfinalised, but it will cover the period commencingwith the admission of Mr. Walsh to Our Lady ofLourdes Hospital in Drogheda on 21 Septemberuntil Mr. Walsh’s death in Monaghan on 14October. The report will be furnished to thedirector of national hospitals’ office of the HealthServices Executive who will make recommend-ations as he sees fit. The HSE in the north-eastarea has contacted the family of Mr. Walsh and ameeting will take place today. The Tanaiste andMinister for Health and Children, DeputyHarney, has also offered to meet the family ifthey so wish.


Earlier today the Tanaiste outlined the circum-stances of the incident. This is clearly a tragicevent. It is difficult for people to explain. I donot attempt to explain it. The patient had been inhospital since 21 September, was released on 13October and came back in the following day. Themedical records and those who were dealing clini-cally with the patient were in the hospital inDrogheda, but he was brought to Monaghanhospital when there was a bed in Cavan hospital.I do not understand why this happened.

I know difficulties have existed in the area forsome time, but I will not use the tragic and regret-table death of Mr. Walsh to get into those argu-ments. I met the Hospital Alliance last Fridaynight when I first heard of this case some hoursafter the death of Mr. Walsh. The HospitalAlliance outlined the case explaining to me thatMr. Walsh could not have an operation in thehospital because of protocols set out. As theTanaiste outlined those protocols were from therecommendations of the steering group whichwere unanimously approved by members of thegroup in the interests of patient safety.

Mr. Crawford: It was some safety.

The Taoiseach: It is, but those were the circum-stances and the Tanaiste outlined them in greatdetail. The death of a person is regrettable, but itis important that the examination and recom-mendations with regard to what is now necessaryare quickly dealt with. I am not here to answerfor medical or clinical decisions as to why Mr.Walsh was treated in one hospital and sent toanother when an intensive care bed was availablein yet another.

Mr. Kenny: The late Mr. Walsh was notreleased from the hospital in Drogheda, he wastransferred to Monaghan Hospital. TheTanaiste’s revelation that an intensive care bedexisted in Cavan Hospital makes this even worse.The Taoiseach should make a public statementon why this intensive care bed in Cavan was notused, as the public has an interest.

Political responsibility for the chaotic serviceswithin the health system rests with the Govern-ment. After nine years and record amounts ofmoney being spent, this is the situation. In Nov-ember 2004, at a meeting of the PD constituenc-ies, the Tanaiste stated, “if we put money in butit flows away, gets diverted and loses its forcebefore it delivers results for the public, we havea big problem”. This was not a case of moneyflowing away but a man’s blood flowing away.That man is now dead.

Despite all the promises made, there was noroom at the inn for Pat Joe Walsh. WhenMonaghan Hospital inquired, there was no roomat Cavan, Drogheda, or Beaumont Hospital. TheTaoiseach is shifting political responsibility for

this incident to the HSE. We were also promisedtrained paramedics on all ambulances but this hasnot happened. The family of the late Pat JoeWalsh and the public in general deserve to knowwhat happened, and the Taoiseach should makea public statement on the bed in Cavan Hospitalnot being used. He should confirm that the reportof the public inquiry will be published in full sothat people will know the full tragic consequencesfor Pat Joe Walsh and his family of a Govern-ment that is unable to cope with the realities oflife.

The Taoiseach: The death of Mr. Walsh is atragedy and I will not bring that into argumentsabout other circumstances. The Deputy posed thequestion as to why Mr. Walsh was transferredwhen he was in a hospital since 21 September andwhen there was a bed in Cavan. Why did this hap-pen? Why did they check with BeaumontHospital? Did they check with Beaumont? Toinquire into these and all the related questionsthe Tanaiste has given the investigative task to aneminent consultant surgeon.

There is a separate question over the 106,000people working and saving many people’s lives intop-class operations and services. It is not correctto indicate that they are not doing immense workevery day, or that they are not being properlyresourced and managed every day.

Mr. Allen: That is what the Taoiseach said.

The Taoiseach: We have tragic circumstanceshere that will be investigated. The report will bepublished as we will all have an interest in it. Iwill not accept that there should be politicalaccountability every time a person dies anywherein our health service.

Mr. Kenny: Why was the bed not used?

The Taoiseach: Deputy Kenny may wonderwhy the bed was not used. He began by sayingthat there was no bed at the inn. We now knowthat a bed was very close.

Ms Enright: It was not used.

Mr. J. O’Keeffe: There was nobody in it. Pon-tius Pilate was washing his hands of it.

The Taoiseach: A bed was available in CavanICU.

Mr. Kenny: Why was it not used?

An Ceann Comhairle: The Taoiseach withoutinterruption.

The Taoiseach: I have too much respect, sym-pathy and concern for the family to argue thisissue.


Deputies: Hear, hear.

The Taoiseach: I wish to unearth the facts asmuch as anybody else, and we should do so.

Mr. Durkan: That has not occurred too oftenof late.

Mr. Rabbitte: On behalf of the Labour Party Ijoin the Taoiseach and Deputy Kenny inextending condolences on this terrible but avoid-able tragedy. Reading the graphic description inthe newspapers this morning on the way this mandied one is reluctant to focus on the matter at all.It must cause additional grief to the family. Mr.Walsh’s sister is quoted this morning saying thatan animal would not be let die in the way thather brother died. Nevertheless, the family andpeople in general will expect us in Dail Eireann,the national parliament of the people, to raise thisquestion. How can it happen in a civilised countryin 2005 that a man should die in a fashion that Iwill not repeat from the newspapers this morningbecause it makes such unbearable reading?

When one considers policy in health services atthe moment one must come to the conclusion thatthe service is in free fall. Nothing competes withthis tragic example in highlighting the extent ofthe acute crisis in critical aspects of the manage-ment of the health services. The Tanaiste, whenshe came into office, published a ten-point prog-ramme to deal with this situation. Almost noneof the ten points has been implemented. I couldnot believe it when I heard her state earlier thatthere has been a 22% reduction in patients ontrolleys between April and September. Theperiod between April and September is in highsummer. That is the kind of sleight of hand thatshe would be the first to condemn out of themouth of any other Member of this House. Weare not even in winter, but the Tanaiste adducesfigures about what happened in the summer. Shemay as well state that there has been a reductionin the winter vomiting bug between April andSeptember, such is the relevance of what she said.

What is the position on beds inappropriatelyoccupied? Is it true, as The Irish Times reportedyesterday, that 378 beds are inappropriately occu-pied in the acute hospitals in Dublin alone? Howmany such beds have been freed up as a result ofthe Tanaiste’s ten-point plan? Could we havesome answers to these questions rather than somesleight of hand about what happened in theheight of the best summer enjoyed since the rain-bow Government in 1995?

The Taoiseach: The Tanaiste referred to the378 beds earlier in her answer to a question onthe issue. She also pointed out the range of issuesof the ten-point plan on accident and emergencydepartments that are being implemented. Anumber of them have been implemented while

others are on the way. The acute units are beingextended in hospital accident and emergencydepartments to help in the assistance. Most staff-ing issues are also being dealt with. There are stillproblems in some of the accident and emergencydepartments, although not in all of them, whichare being resolved.

We are trying to find alternative locations forlong-stay patients in acute hospitals so that suchpatients do not hold back those hospitals but haveadequate medical care in other locations. The fig-ures have already been given for those who havebeen accommodated in recent weeks. A signifi-cant number of patients in hospitals in Dublinand elsewhere have been accommodated inprivate nursing homes and in alternative care.These are satisfactory arrangements and haveallowed the beds in acute hospitals to be used forthose who come in through accident and emer-gency departments or for treatment.

We will continue to try to improve the through-put and to free more beds, so that accident andemergency departments do not have the prob-lems that they currently experience and peoplecan be dealt with. As the Tanaiste also pointedout, we are trying to provide home care packagesand arrangements where people who do not wantto be in hospital can be cared for in the home.

Mr. Rabbitte: This is the eighth year of theTaoiseach’s leadership and he keeps reeling offthese figures like they represent some kind ofimprovement. The Tanaiste had promised signifi-cant improvement by this autumn. From what shesaid today, we know that such is not the case. Ido not know whether the Taoiseach is right insaying that the Tanaiste had already given out thefigures I quoted, but they were in The Irish Timesthis morning. They highlighted the lack of pro-gress made.

I must ask the question again. How many acutebeds have become available as a result of theimplementation of the ten-point programme?Now that the HSE is established, will there be apattern of a washing of hands, avoiding politicalaccountability and political responsibility? Whenasked about this in the Irish Examiner, theTaoiseach responded:

The consultants up there in Monaghan, themedics, are fairly exhausted with all this and Ijust hope in the context of this, the HSE notonly have an inquiry into the circumstances,but that they try to improve the situation.

We keep on putting in money. Every time Igo back there I make another announcementabout more resources, then I keep hearing thatthey’re caught up with all these protocols tiedinto their physicians and surgeons.

What does that mean if it is not a passing of thebuck by the Taoiseach, the Tanaiste and theGovernment to the HSE? Meanwhile, Professor


Drumm has been announcing policy initiatives,which I thought was the responsibility of theMinister.

No one knows where they stand in the northeast, with all the chopping and changing that hasgone on over 20 years. If the Tanaiste and Mini-ster for Health and Children insists, as a matterof protocol, that no emergency surgical pro-cedures be available before or after 5 p.m. inMonaghan General Hospital, surely it is impera-tive that such a facility be available nearby. Howis it that the adjacent hospitals can refuse a pati-ent? I point out to the Minister for ForeignAffairs that it is not a matter for smiling.

Mr. D. Ahern: I am not smiling.

Mr. Rabbitte: How can a patient be refused insuch circumstances in extemis? It is beyond beliefthat he could be turned away in circumstanceslike these. The people expect the Head ofGovernment to answer that question in thisHouse.

The Taoiseach: That is precisely what I wouldlike the inquiry to find out. We have five hospitalsin Cavan, Monaghan, Drogheda, Dundalk andNavan with considerable resources. They shouldbe able to work together to try to deal with theissue. The Deputy said there were no resources.

Mr. English: They are under-resourced.

The Taoiseach: When I spoke the other nightto the members of the group from Monaghan,who were very responsible and put their case tome even though the tragedy had happened hoursearlier, they told me that to have the additionalfacility, they would need two extra nurses as theyhad the infrastructure and the medical personnel.We spent \12.4 billion, so I do not think it is aquestion of resources.

Mr. English: What about casualty——

An Ceann Comhairle: This is DeputyRabbitte’s question.

The Taoiseach: I am sorry, I should not haveresponded. Deputy Rabbitte asked about thethree categories of bed to which the Tanaistereferred. Of those in high dependency beds, 48with more demanding needs have been contactedby private nursing homes. A total of 318 patientshave been discharged in 95 intermediate carebeds for six-day week stays since contracts withprivate providers began in May. Additional homecare packages and enhanced subventions havefacilitated the discharge of 246 patients and 94patients, respectively, from hospitals in theDublin area. In total, around 700 patients havebeen removed from the hospital system this year.

Mr. J. Breen: One in four cannot get a bed.

An Ceann Comhairle: Deputy James Breen isnot even a member of the Labour Party. This isDeputy Rabbitte’s question.

The Taoiseach: The policy approach in respectof the surgical services for the Cavan-Monaghanhospital group was set out in 2004 in a report ofthe steering group established by the formerNorth Eastern Health Board. That group wasrepresentative of all the stakeholders andincluded consultant representation from bothhospital sites in surgery, medicine and radiology.The recommendations of the report were unani-mously approved by the numbers of the group.The steering group recommended that major andemergency services should be carried out inCavan General Hospital and that MonaghanGeneral Hospital should provide selective elec-tive surgery. The report’s recommendationsreflected what the Royal College of Surgeons inIreland stated. I know that people would like tothink that these are political decisions, but that isnot so.

In accordance with the recommendations ofthe steering group, a full surgical team based inCavan would provide the services at MonaghanGeneral Hospital in the form of selective electivesurgery from Monday to Friday. Also in accord-ance with the steering group’s recommendations,the hospital returned to 24 hour, seven day medi-cal cover ten months ago, in January. A third con-sultant position has been in place since this timelast year and five new anaesthetic non-consultanthospital doctors have been recruited to facilitatethe return of the hospital to being on-call. Thesedecisions were thought out, whether rightly orwrongly, in the interests of patients and were setout in the report last year.

Caoimhghın O Caolain: On my behalf and onbehalf of the Sinn Fein Party, I extend our sinceresympathy to the siblings, nephews, nieces andextended family of the deceased, Patrick Walsh.Go ndeanfaidh Dia trocaire ar a anam dılis.

Last Friday, the Taoiseach visited CountyMonaghan. I welcome his meeting with the com-munity alliance which has been campaigning foryears against the cuts in services at MonaghanGeneral Hospital. Nevertheless, it is important tonote that I am extremely disappointed that herefused to meet the members of MonaghanCounty Council, the democratically electedmembers and representatives of the people ofthat county, on the same issue. That is notacceptable.

As the Taoiseach carried out official engage-ments in County Monaghan, a 70 year old man,Patrick Walsh, lay in Monaghan General Hospitalsuffering from a bleeding ulcer. It is important tomake this point. The staff at Monaghan General


[Caoimhghın O Caolain.]

Hospital did all they were allowed to do for him.However, because of the embargo on emergencysurgery in the hospital, they could not operate onMr. Walsh. That is the bottom line. Our Lady ofLourdes Hospital, Drogheda, Cavan GeneralHospital and Beaumont Hospital in Dublin couldnot or would not accept him. A detailed accountof the facts which is not an exercise in scape-goating is now eagerly awaited. However, onecannot escape the fact that even if Mr. Walshcould not be transferred or moved, the surgeonsin the hospital in which he lay, who have an excel-lent record, excellent support staff and a state-of-the-art theatre, could not operate on him becauseof protocols. They could not operate because ofa policy that the Taoiseach and his Governmenthave imposed on the health services in this State.

These are the policies of the Taoiseach’sGovernment and no amount of handwashing canchange that fact.

An Ceann Comhairle: The Deputy shouldconclude.

Caoimhghın O Caolain: It is his Government’simplementation of the Hanley report that leddirectly to the death of Patrick Walsh. This policywas already in operation before Mr. Hanleyreported at all. Make no mistake about it, up to16 unnecessary and avoidable deaths haveoccurred in Monaghan General Hospital over theperiod since the tragic loss of baby BronaghLivingstone.

Does the Taoiseach not accept that ongoingadherence to this policy is nothing less than crimi-nal? When will the Taoiseach and the Tanaistelisten to the public, to the patients, to the healthcare professionals at Cavan and Monaghan and avariety of other professional opinion alreadyexpressed? When will they restore the life-savingservices that have been taken from our hospitaland community?

Is the Taoiseach aware that last month, theconsultant surgeons at Cavan and Monaghanhospitals signed a joint appeal to the HealthService Executive and indeed to the Tanaiste toallow Monaghan General Hospital to go back oncall for acute surgical emergencies——

An Ceann Comhairle: The Deputy’s time islong over.

Caoimhghın O Caolain: ——and that theHealth Service Executive should provide theresources to allow that to happen? Nothing hashappened since. We have had the death ofPatrick Walsh. How many more unnecessaryavoidable deaths must be witnessed at Monaghanor allied to the situation in Monaghan before theTaoiseach and the Tanaiste listen and heed thecry of a people who are not second class citizens

and are not prepared to accept a second classhealth service?

The Taoiseach: In reply to Deputy O Caolain,it is not a question of an embargo. Protocols wereset down following an examination of thesematters last year, when a professional steeringgroup that was not composed of politicians orpeople wishing to make political points, looked atthese issues. When the group examined the surgi-cal, medical and radiological facilities in thehospitals, it came to an agreement on protocols.It was unanimously approved and has been fol-lowed as a matter of policy since then.

Mr. Crawford: They were not given a choice.

An Ceann Comhairle: This is a Sinn Feinquestion.

The Taoiseach: I have already answered thepoint as to what the group told me the other day.

Mr. English: Financial resources are the point.Let us have a real debate.

The Taoiseach: I am answering Deputy OCaolain. As Deputy O Caolain is aware, I havemet the group — the people at the coalface, themedics, the GPs and the consultants — twice. Iam sorry that Deputy O Caolain feels that thelocal public representatives might have knownmore than the consultants and other staff. Iagreed to meet the group which I thought wouldbest know how the hospital should be run, ratherthan acceding to a late request which I receivedfrom some public representatives.

Mr. Morgan: The Taoiseach has not given themwhat they asked for.

The Taoiseach: Notwithstanding that, I alsospoke to a number of public representatives fromboth Government and Opposition parties lastFriday.

The reality is that Deputy O Caolain hasdecided——

Mr. Morgan: The reality is that the Taoiseachis not providing the services.

Mr. O’Donoghue: Let the Taoiseach speak.

The Taoiseach: ——the outcome of the investi-gation by an eminent surgeon. I would prefer tosee what happens. I would prefer to hear——

Mr. McCormack: The Taoiseach would ratherwait until something else happens.

An Ceann Comhairle: Deputies should let theTaoiseach speak.


The Taoiseach: I would prefer to hear why Mr.Patrick Walsh left the hospital in Drogheda,where his charts and records were located andreturned home.

Mr. Durkan: That is crazy. He did not leave.

Mr. Crawford: He was transferred.

The Taoiseach: Someone transferred him.

Mr. Durkan: The same thing could happentomorrow.

The Taoiseach: He was discharged——

An Ceann Comhairle: The Taoiseach should beallowed to speak without interruption.

The Taoiseach: He was discharged to anotherhospital. I would rather wait to ascertain why thatwas so because he had been in Drogheda forsome considerable time. I also want to wait tofind out why, if it was a question of an ICU bed,why one in Cavan was not used or why he did notreturn to where he had been the previous day.However, I will wait for the report. I will notmake a political point about it but will accept thefindings of an eminent consultant.

The HSE, which is also in independent examin-ation of the services in the area, examined theissue of people’s safety and decided it was best toproceed in this fashion. When the HSE——

Mr. English: This is based on resources.

The Taoiseach: If it is based on resources, whatthe medics told——

Mr. Morgan: Of course it is based on resources.

An Ceann Comhairle: Deputy English shouldnote this is Deputy O Caolain’s question. It is aSinn Fein question. Deputy O Caolain is entitledto hear the answer.

Mr. English: Health is a people’s issue. I do notintend to listen to crap from the Taoiseach.

An Ceann Comhairle: If the Deputy does notwish to behave himself, he knows what willhappen.

The Taoiseach: Deputy O Caolain knows thegroup I met a few nights ago and I believe hewould respect and accept its views. The grouptold me that in its view, given the facilities avail-able and the arrangements and consultants inplace, the service could be run with just twoextra nurses.

Mr. English: The same thing happened inNavan General Hospital.

An Ceann Comhairle: Unless he desists,Deputy English must leave. He cannot interrupt.The Taoiseach is entitled to the same courtesy asevery other Member as he answers.

Mr. English: The people are entitled to ahealth service.

The Taoiseach: The group itself stated that it isnot a question of resources, it is an issue of pati-ent safety. An independent group of people whoknow far more than either the Deputy or myself,namely, the medical and surgical staff, with theRoyal College of Surgeons, decided they did notbelieve, in the circumstances, that it was safe. Iknow that is disputed. The Deputy would rightlysay to me that I would be entirely irresponsibleto take action, ignoring the professional views ofthe Royal College of Surgeons, medics and medi-cal and surgical consultants.

Mr. Durkan: Whatever the view was, the manis dead.

The Taoiseach: If it was a question of only twonurses the resolution would be easy. However, anexamination of the region led to these con-clusions. Deputy Rabbitte is correct. I find it diffi-cult to know what the groups I listen to are at,but I will wait for the report. If it is as simple amatter as the people in Monaghan tell me, Icannot understand why the Royal College of Sur-geons made its decision. I will await that reportwith interest but will not pre-empt it, nor shouldthe Deputy.

Mr. Durkan: It is a once off situation that willarise again.

Caoimhghın O Caolain: I find it incredulousthat the people the Taoiseach has met who arenot working in the hospital system but are wellinformed about its needs would have said thattwo nurses would be the panacea for all the diffi-culties that have arisen in Monaghan GeneralHospital as a result of his Government’s policy ofthe diminution of its services over many years.

Mr. Morgan: In Navan and County Louth.

Caoimhghın O Caolain: The Taoiseach shouldnot seek to apportion blame outside his sharedresponsibility. Instead, he must undertake in con-junction with the Tanaiste to listen to a set ofprofessionals and not to always use the crutch ofthe Royal College of Surgeons or any otherexpert group. To say it has a monopoly on wis-dom on this or any other issue is ridiculous. It isplain to the people of County Monaghan,whether we have professional expertise, what isrequired in order to ensure the safe delivery ofacute hospital services at Monaghan General

1491 Requests to move Adjournment of 18 October 2005. Dail under Standing Order 31 1492

[Caoimhghın O Caolain.]

Hospital. The Taoiseach must require the HSEto act.

Concerning the inquiry into the death of Mr.Patrick Walsh, it must not only cover the immedi-ate circumstances. However, if the Taoiseachwishes to say this Deputy has his mind up——

An Ceann Comhairle: The Deputy’s time hasconcluded.

Caoimhghın O Caolain: ——about what hasbeen a very important contributory fact, theinquiry must include an examination of the disas-trous policies that directly contributed to thedeath of Mr. Patrick Walsh and so many others.Will the Taoiseach instruct the Tanaiste at thislate stage, as Minister with responsibility health,to in turn instruct the HSE to put MonaghanGeneral Hospital back on emergency surgicalcall? We need the restoration of what we andmost reasonable people throughout this countryview as a fundamental service and an expectationof any citizen of what should be available at alocal general hospital. It is still a general hospitalin name at least. Surgical services, including acci-dent and emergency, are a key component of thatdelivery mechanism.

I ask the Taoiseach to ensure this is the legacyof the tragic death of Mr. Patrick Walsh andmany more and not to have a situation arisewhere I and my colleague Deputies from countiesCavan and Monaghan and other concernedvoices throughout the country must confront himwith yet another tragedy within our community.

An Ceann Comhairle: The Deputy’s time hasconcluded.

Caoimhghın O Caolain: We ask the Taoiseachto act now and to listen to a set of professionalswho know what is needed at the coalface and tothe community we proudly represent.

An Ceann Comhairle: I ask the Deputy to giveway to the Taoiseach.

The Taoiseach: Since September, I have metpeople including medics and not just the peopleinvolved in the alliance. I have also met the surgi-cal consultants in Monaghan General Hospital,who gave me their views. I have seen the lettersigned by the counties Cavan and Monaghan con-sultants. The Tanaiste and I have discussed theissue but the decisions on these matters will bemade by the Health Service Executive.

Mr. Morgan: The Taoiseach needs to developthe resources.

The Taoiseach: It is not a matter of the RoyalCollege of Surgeons dictating anything. Thecollege is the professional body that reflects

advice. Its recommendations to the steeringgroup were given in the interests of patients’safety.

Mr. Morgan: It is not working very well.

Mr. Crawford: I would rather a surgeon.

The Taoiseach: The Deputy knows this is thesystem that works. We will wait on this matter.The Deputy knows that \4.4 million has beenspent in upgrading parts of the hospital. Some ofthe facilities are available and ready to open,which I hope happens. Other developments aretaking place in some of the wards concerned.However, they are separate issues that are beingdealt with by the HSE and I hope they will beresolved.

Requests to move Adjournment of Dail underStanding Order 31.

An Ceann Comhairle: Before proceeding tothe Order of Business I propose to deal with anumber of notices under Standing Order 31.

Mr. Connolly: I seek the adjournment of theDail under Standing Order 31 to raise a matter ofurgent public and national concern, namely, theunanimous call by all seven consultant surgeonsat Cavan and Monaghan general hospitals for theimmediate restoration of acute surgical emer-gency services at Monaghan General Hospital,the implications of the consultant surgeons’appeal for surgical services in the Cavan andMonaghan area, the fact the consultants’ lettersamount to an admission that the steering groupcommittee is wrong in this matter and that theCEOs’ configuration of health services is notoperating properly in the area.

An Ceann Comhairle: It is not appropriate thatthe Deputy should go beyond the statement hesubmitted to my office.

Mr. Naughten: I seek the adjournment of theDail under Standing Order 31 to raise a matterof urgent national importance, namely, in light ofthe confirmation of avian flu within the bordersof the European Union, there is a need for theMinister for Agriculture and Food to outline thesteps she is taking to protect Irish poultry flocksand those being taken by the Government to stopthe entry of the disease into this country.

Mr. Crawford: I seek the adjournment of theDail under Standing Order 31 to raise a matterof urgent concern, namely, the failure of theTanaiste and Minister for Health and Children tointervene in the Monaghan General Hospitalsaga to ensure the hospital is put back on call forsurgeries before more lives are lost.

1493 Order of 18 October 2005. Business 1494

Mr. Morgan: I seek the adjournment of theDail under Standing Order 31 to raise a matterof urgent public concern, namely, the necessityfor the Minister for Health and Children to inter-vene immediately to prevent the HSE furtherdowngrading services at Louth County Hospitalin Dundalk and to restore breast surgery servicesat the hospital, which the HSE terminated on 14September, thus representing a serious reductionof services at the hospital, and to visit the hospitalas she promised in July. There is still no sign ofher there. She could take the motorway and bethere in an hour.

An Ceann Comhairle: It is not appropriate forthe Deputy to go beyond the notice he submittedto my office.

Mr. O’Dowd: I seek the adjournment of theDail under Standing Order 31 to raise a matterof urgent importance, namely, the need for legis-lation to give new powers to the EnvironmentalProtection Agency to prosecute local authoritiesthat provide a chronically contaminated publicwater supply.

Mr. Gormley: I seek the adjournment of theDail under Standing Order 31 to raise a matterof urgent public importance, namely, the death ofMr. Patrick Walsh, aged 70 years, at MonaghanGeneral Hospital, the need for the HSE to reportback as quickly as possible on why three attemptswere made to transfer Mr. Walsh to hospitalsnearby and as far afield as Beaumont and theneed for the Minister for Health and Children,Deputy Harney, to ensure adequate facilities arenow in place in Monaghan General Hospital toavoid a recurrence of such a tragic incident.

Mr. Cuffe: I seek the adjournment of the Dailunder Standing Order 31 to raise a matter ofurgent public importance, namely, to have theMinister for Justice, Equality and Law Reformexplain to the House why 147 children have beenplaced in adult prisons, as these juveniles indetention are among the most vulnerable in theState but are being placed in settings completelyinappropriate to their needs.

5 o’clock

Aengus O Snodaigh: I seek the adjournment ofthe Dail under Standing Order 31 to raise amatter of important public interest, namely, the

need for the Government to immedi-ately cease its ruthless policy offorceful mass deportations, which

resumed this morning and violates a prohibitionon collective expulsions in Article 4 of the Euro-pean Convention on Human Rights and uponwhich the Government continues to suppressdebate despite Sinn Fein’s demands for such.

Caoimhghın O Caolain: I seek leave to move amotion for the adjournment of the Dail on the

following specific and important matter of publicinterest requiring urgent consideration, namely,the need for the Government to immediatelycease its policy of forced deportation, and in part-icular for the Minister to use his discretion towithdraw on humanitarian grounds the deport-ation order against an autistic four year old boyand his family in Clonakilty, County Cork andgrant them leave to remain so he can receive thetreatment he needs and will not receive inNigeria.

Mr. Boyle: I seek an adjournment of the Houseunder Standing Order 31 to discuss a matter ofurgent public importance, that the Minister forJustice, Equality and Law Reform come beforethe House to explain the circumstances wherebya Nigerian national, Ms Olivia Agbon Lahor,mother of twin children one of whom is severelyautistic, was detained on foot of being deportedfrom this country, the factors that have persuadedthe Minister to intervene, and what implicationsthis case carries for the Government’s immi-gration policy.

Mr. Sargent: Under Standing Order 31 I seekthe adjournment of the House to deal with amatter of urgent importance, namely why theGovernment has delayed ratifying the frameworkconvention on tobacco control, which has alreadybeen ratified by 79 countries as a vital healthinitiative, and which has 8 November as a dead-line. The HSE cannot be blamed for that one.

Dr. Cowley: I wish to seek the adjournment ofthe Dail under Standing Order 31 to debate amatter of major national and local importance,namely the need for the Department of Socialand Family Affairs to extend free travel to olderIrish emigrants, or at least to Irish pensioners liv-ing in the UK when they return here on holidays.

An Ceann Comhairle: Having considered thematters raised, they are not in order under Stand-ing Order 31.

Order of Business.

The Taoiseach: It is proposed to take No. 14,Criminal Justice Bill 2004 — Second Stage(resumed) and No. 15, Land Bill 2004 [Seanad]— Order for Report, Report and Final Stages.Private Members’ business shall be No. 43,Motion re draft animal remedies regulations2005.

An Ceann Comhairle: There are no proposalsto be put to the House on the Order of Business.

Mr. Kenny: Will the Taoiseach state when willthe regulations governing the regulatory auth-ority announced by the Minister for Justice,Equality and Law Reform for estate agents and


[Mr. Kenny.]

auctioneers be published? As all Members of thisHouse are supposed to be equal, when will regu-lations governing the allocation of unvouched forpayments from the Exchequer to IndependentDeputies be published?

The Taoiseach: The regulatory authority forestate agents and auctioneers requires legislationand that will be published next year. I must checkthe second matter raised by Deputy Kenny.

Mr. Rabbitte: Does the Taoiseach know thedate of Estimates day? Has the Governmenttaken a decision on the IMF request for \800 mil-lion to be taken out of the economy?

The Taoiseach: Estimates day will be 17November.

Mr. Sargent: Before I put a question on prom-ised legislation, will the Taoiseach tell the Housewhether the Government will ratify the frame-work convention on tobacco control? An amountof legislation at the end of the list refers to publictransport, such as the Public Transport Com-mission Bill. I understand the Cabinet discussedthe metro today. When will it commence, giventhat a promise was made that it would be in placeto Swords by 2007?

An Ceann Comhairle: On proposed legislation.

Mr. Sargent: I hope the Government hasapproved the project.

The Taoiseach: The framework convention ontobacco control must be signed by 8 Novemberand it will be done by that date. The PublicTransport Commission Bill will be published in2006. I do not have a more precise date.

Ms O. Mitchell: As the Taoiseach is aware dur-ing the past number of months negotiations havetaken place between the NRA on behalf of theGovernment and National Toll Roads as to how,where, how often and for how much the M50 willbe tolled and how that money will be divided up.In that context and given that all of this is takingplace behind closed doors and no doubt——

An Ceann Comhairle: On what legislation isthe Deputy asking a question?

Ms O. Mitchell: I am asking about legislationto permit barrier-free tolling which will allow thisand undoubtedly will be introduced to suit a dealalready made behind closed doors.

The Taoiseach: There is no legislation prom-ised on that.

Mr. Durkan: There should be.

Ms O. Mitchell: Legislation has been promisedto introduce barrier-free tolling. The Ministerconstantly states it requires legislation.

Mr. Durkan: What about it?

The Taoiseach: It is not listed but discussionsare taking place. Perhaps we will have it nextyear. No decisions have been made.

Mr. Durkan: That is covert.

Ms O. Mitchell: When the deal is done.

Mr. Quinn: Now we see how business is donein the Cabinet. Has the Cabinet seen the BuildingControl Bill?

The Taoiseach: No.

Caoimhghın O Caolain: It was indicated in pre-vious programmes that the Adoption (HagueConvention, Adoption Authority andMiscellaneous) Bill would come up within a 12month period. Prior to the summer break it wassignalled for 2006. Will the Taoiseach confirmthat is still the intended date for publication? Isthere an explanation for the continual delay——

An Ceann Comhairle: The Taoiseach willanswer the question on legislation.

Caoimhghın O Caolain: ——in bringing for-ward that important legislation?

The Taoiseach: The heads of that Bill havebeen approved and the Bill is being drafted. It isdue in the middle of next year.

Caoimhghın O Caolain: Will the Heads be cir-culated? The Taoiseach has committed to doingso in the past.

The Taoiseach: The Deputy should submit aquestion to the relevant Minister.

Mr. Allen: The Minister for Justice, Equalityand Law Reform seems to have an answer foreverything. However, he does not have an answerto the question I submitted to him on 29 Augustthat was due for answer on 29 September. I raisedthe same matter here two weeks ago. The CeannComhairle told me I was out of order and that Ishould submit it for the adjournment. I submittedit for debate on the adjournment but it was notselected for discussion. I am still awaiting theinformation.

An Ceann Comhairle: The Deputy is still outof order on the Order of Business.

Mr. Allen: The Minister is out of order.


An Ceann Comhairle: I suggest the Deputyfinds another way of raising the matter.

Mr. Allen: On a point of order, the rules of thisHouse do not work. I am entitled to an answer toa Dail question within three days but I have notreceived an answer to this one after a month. Iwant the Ceann Comhairle to investigate thismatter.

An Ceann Comhairle: It is not a matter forthe Chair.

Mr. Allen: My rights are not being protected. Iwant an answer. Will the Taoiseach answer whyI have not received an answer to a Dail questionthat was legitimately put?

An Ceann Comhairle: This does not arise onthe Order of Business. The Deputy must findanother way of raising the matter.

Mr. Allen: On 29 August I was told the infor-mation could be supplied on 29 September.

An Ceann Comhairle: That was an answer. Itmight not have been the one the Deputy wanted.

Mr. Durkan: An indication could be given thatDeputy Allen will receive an answer.

Mr. Allen: I want the Taoiseach to answer it.One of his Ministers is evading hisresponsibilities.

Mr. Durkan: Somebody should answer it.

An Ceann Comhairle: It is a matter for theMinister.

Mr. Allen: It is a matter for who?

An Ceann Comhairle: It is a matter for theMinister.

Mr. Allen: It is a matter for this House whenthe procedures of this House are not adhered to.

An Ceann Comhairle: The procedures arebeing adhered to.

Mr. Allen: On a point of order, am I entitledto an answer to a written question within threedays?

An Ceann Comhairle: The Deputy is notentitled to an answer on the Order of Business.

Mr. Allen: Where can I get the answer?

Mr. Durkan: Where can he get the answer?

An Ceann Comhairle: The Deputy was ruledout of order last week. The Chair has ruled onthe matter.

Mr. Allen: I was also ruled out of order twoweeks ago. I still cannot get an answer.

Mr. Durkan: Standing Orders are beingbreached.

An Ceann Comhairle: There are other ways toraise this matter.

Mr. Allen: That Minister thinks he has theanswer to everything but he cannot answer a sim-ple question. He is suppressing information.

An Ceann Comhairle: The Deputy must raisethe matter in the appropriate way.

Mr. Durkan: That is disgraceful.

Mr. Gilmore: A critical infrastructure Bill islisted for publication next year. The nationaldevelopment plan to which it relates is underreview. Which will be published first, that criticalinfrastructure Bill or the review of the nationaldevelopment plan?

The Taoiseach: A critical infrastructure Bill isdue early next year if I recall correctly what theMinister recently stated. The national develop-ment plan is under preparation. I hope the Billwill be published first.

Mr. Gilmore: On what basis is the nationaldevelopment plan being reviewed? Is it on exist-ing legislation or——

An Ceann Comhairle: The Deputy cannot dis-cuss the contents of what might be in the Bill.I suggest the Deputy submits a question to theappropriate Minister.

Mr. Gilmore: The Bill will speed up planningfor critical infrastructure projects, which areobviously subject to the national developmentplan.

An Ceann Comhairle: We cannot discuss thecontent of it on the Order of Business.

Mr. Gilmore: On what basis is the Governmentreviewing the national development plan? Is it onexisting legislation or the assumption that thenew legislation——

An Ceann Comhairle: I suggest the Deputysubmits a question to the appropriate Minister.

Mr. Eamon Ryan: Was it because of the rebel-lion of the Fianna Fail parliamentary party lastweek, the opposition to fisheries industry rep-


[Mr. Eamon Ryan.]

resentatives or the pleas from the banks for us tobe lax on European regulations that it wasdecided——

An Ceann Comhairle: That question is notappropriate to the Order of Business.

Mr. Eamon Ryan: ——to pull the fisheries andmaritime jurisdiction Bill last week. If the puncan be excused when may we expect it back andwill it be filleted, given that it was withdrawn inthe first place?

The Taoiseach: It is still listed for this session.

Mr. Eamon Ryan: Why was it pulled?

An Ceann Comhairle: The Deputy will allowDeputy Durkan, without interruption.

The Taoiseach: It is not pulled. It is still listedfor this session.

Mr. Eamon Ryan: It was due on Thursday, butwas pulled.

Mr. Durkan: The postal services (miscellaneousprovisions) Bill was promised a year and a halfago. It was on the Order Paper as promised legis-lation and like much else under that category hasdisappeared. It now looks as if it will be necessaryto focus on the postal services with the possibilityof industrial action. Will the Taoiseach saywhether it is possible for the Minister to reintro-duce that Bill so that the House may discuss howthe postal services will be governed in the future?

The Taoiseach: The Minister took that part-icular Bill off the legislative list about six monthsago. There is no legislation in train, at present.

Mr. Durkan: Has the Bill gone missing?

Dr. Twomey: It is in the post.

The Taoiseach: We stopped it.

Mr. Durkan: It is not even in the post.

Mr. Sherlock: When does the Taoiseach pro-pose to restore the ground rents Bill to theGovernment legislation programme? Will he alsoindicate the position on the Shirley Estate casethat was before the High Court, which was thereason the Bill was withdrawn?

An Ceann Comhairle: That matter does notarise under the Order of Business. In fact it doesnot arise in the House, it is a matter for thecourts.

Mr. Sherlock: That was the reason that theground rents Bill was withdrawn from theprogramme.

The Taoiseach: Nothing has changed as regardsthat Bill. It is not proceeding at present. TheSupreme Court decision has implications for itand it is not being moved.

Mr. Sherlock: Has a decision been made?

Mr. Gormley: There was a briefing this morn-ing in the Department of Health and Children forOpposition spokespersons on the possible influ-enza pandemic. I thank the Tanaiste for that.However, there was some disturbing news. Wewere told that in the event of a ’flu pandemic,a general election could not be held. Under thecircumstances, could the date for a general elec-tion be brought forward?

Ms Harney: Clearly, that will be based onmedical advice.

Dr. Twomey: The Government will not allowthe birds to be killed.

Mr. Costello: Is the Taoiseach aware of today’sstatement by the Rossiter family that it would beunable to participate in the inquiry established bythe Minister for Justice, Equality and LawReform into the death of their son in Garda cus-tody? Will he make provision to enable them tobe represented or will he arrange for an inquiryto resolve the situation under the Commission ofInvestigations Act?

An Ceann Comhairle: That matter does notarise on the Order of Business.

Mr. Costello: This relates to legislation.

An Ceann Comhairle: Will the Deputy saywhich legislation?

Mr. Costello: It relates to the Commission ofInvestigations Act 2004 under which the Ministerfor Justice, Equality and Law Reform establishedthe inquiry.

The Taoiseach: The legislation is enacted. TheDeputy should raise the matter with the Minister.

Mr. Stagg: I want the assistance and guidanceof the Ceann Comhairle in this matter. On 27April I received information from the Tanaistethrough a parliamentary question to the effectthat the home help for a person in Kildare hadbeen cut by 40%. On 13 October the Tanaistetold the House that there had not been any cutsin home help hours. How may we clarify thesedifferences in information from the Tanaiste?

1501 Criminal Justice Bill 2004: 18 October 2005. Second Stage (Resumed) 1502

An Ceann Comhairle: I suggest the Deputysubmits a question to the Minister for Healthand Children.

Mr. Stagg: Will the Government consider mak-ing time available to the Tanaiste so that she mayclarify the contradiction between her twoanswers?

Criminal Justice Bill 2004: Second Stage(Resumed).

Question again proposed: “That the Bill benow read a Second Time.”

Mr. P. Power: In the limited time available, Iwant to deal with four issues in the CriminalJustice Bill: the lenient sentencing in sexualoffences; gang crime; the law relating to DNAevidence; and antisocial behaviour orders.

The law relating to sentencing in sexual casesis unduly lenient. I have long held the view thatthere should be much harsher, severe and puni-tive sentencing for sexual offences. There is grow-ing public alarm over leniency pertaining to sex-ual offences. I am disappointed that the Bill doesnot address this issue in a substantive manner.We are all aware of many horrific cases whereexceptionally lenient sentences have been handeddown for sexual offences. A recent grotesquecase, that everyone is aware of, springs to mind,involving a monster, which is the best way todescribe him, who went on a spree of sexualoffences over a number of decades. He was givenunduly lenient sentences in both this jurisdictionand the United Kingdom. I do not wish to givehis name for fear of prejudicing any future seriouscriminal offences which might be brought in con-nection with his conduct.

That and many other cases underline the factthat we have a serious difficulty with leniency insexual offences. This Bill, unfortunately, missedthe opportunity to deal with that issue. The prin-ciple underpinning long-term detention in ourprisons is threefold: punishment and retributionin the first instance, the possibility of rehabili-tation of the offender in the second and mostimportantly, the deterrent effect brought aboutthrough the imposition of long custodialsentences.

The deterrent effect of long-term sentences isnot fully appreciated, especially in so far as thisrelates to sexual offences. There is a deterrent asregards the offender in that it means that he orshe is prevented from offending, obviously, whilein prison. Others, too, are deterred from commit-ting these extremely serious offences, I believe. Inthis regard society has failed women in particular.Women have been subjected to a growth in inde-cent assaults and serious rape in many cases onlyto see the offenders receive extremely lenientsentences.

Many citizens, most often young women, some-times children, have been put through the ordealof an horrific sexual offence because the offenderis not serving a lengthy prison sentence. Weought to confront this, especially as regards pre-meditated sexual assault and premeditated hor-rific rape. People who commit premeditated rapeor sexual offences should be given exceptionallylong and harsh sentences. There should bemandatory sentences of minimum length. Whilebelieving in the whole concept of judicial inde-pendence, there are far too many cases of lenientsentences being meted out for such cases and theBill fails in this regard.

I very much welcome section 15 of the Bill,however, which provides for admissibility of cer-tain witness statements. This arose out of anotorious case involving a Limerick criminal. Thesection provides that where a person is sent for-ward for trial in relation to an arrestable offence,a relevant statement made by the witness may beadmitted as evidence of any fact contained in it ifthe witness is available for cross-examination butrefuses to give evidence or denies making thestatement or gives evidence which is inconsistentwith it. The Leamy and Keane case in Limerickis a clearcut example of the criminal justicesystem being fundamentally undermined by aperson making a statement to the Garda in anexceptionally serious case — the crime in thiscase was murder — before withdrawing it for noreasonable or conceivable reason other than tofrustrate and pervert the course of justice and theoutcome of the case. This was wrong and whilemany individuals and organisations, including theLaw Society, have serious concerns about theprovision in section 15 that a judge, in all the cir-cumstances of the case and where justice requiresit, may not admit such a statement, I have no dif-ficulty with it, provided appropriate safeguardsare introduced. The introduction of discretion forjudges is a good safeguard.

I am disappointed the legislation did not dealmore comprehensively with DNA related evi-dence. Although it includes provisions on the tak-ing of sample evidence such as hair and salivafrom an offender, I am disappointed the Bill didnot go further and provide a statutory basis forestablishing a badly needed statutory DNA data-bank. Technology is available which would notonly convict criminals in serious cases, includingthe sexual crimes I referred to, but would alsoplay an important role in providing potentiallyexculpatory evidence for defendants.

The Bill’s provisions on anti-social behaviourhave been the subject of much comment and dis-cussion. While I generally support the approachtaken in the legislation, subject to the fine detailbeing fleshed out, I am under no illusion that itwill be a panacea or cure-all for the problems ofanti-social behaviour. This is a serious plague onsociety which is growing at a time when we have


[Mr. P. Power.]

virtually unlimited resources to plough intodeprived and socially excluded communities toaddress some of the problems which haveaffected the nation for many decades. I supportanti-social behaviour orders solely on the basisthat they may be an effective way of dealing withthe symptoms rather than the underlying causesof the problem of anti-social behaviour. I amunder no illusions that they will address thecauses of this insidious behaviour which are,unfortunately, much more deeply rooted thanthose suggested by many commentators. I blamethe planning and housing policies adopted bylocal authorities for many years for much of theproblem. We are reaping the rewards of carelessand negligent planning.

The real cure for anti-social behaviour is forlocal authorities and communities to cometogether in conjunction with the Garda Sıochana.I am pleased the Garda Sıochana Bill lays downa framework within which this can take place.While anti-social behaviour orders have someplace in the overall matrix of measures to dealwith anti-social behaviour, they constitute onlyone small piece of the jigsaw. Many gardaı inLimerick have told me that although they wouldnot dream of bringing some offenders to the Dis-trict Court on the basis of the activities or behav-iour in which they are engaged, they would wel-come an opportunity to issue them with a yellowcard, as it were. Certain anti-social behaviour,when engaged in on a once-off basis, does notmerit bringing an offender before the DistrictCourt but in circumstances in which an offenderpersistently engages in behaviour to the detri-ment of communities and vulnerable and elderlypeople, it is entirely reasonable that the Garda,at superintendent level, should be entitled tobring him or her before the District Court to bewarned that his or her behaviour will come withinthe realm of the criminal law. That is an entirelyreasonable proposition, provided appropriatesafeguards are in place and I look forward todealing in detail with such safeguards on Commit-tee Stage.

Although I generally welcome the legislation,opportunities were missed, particularly withregard to unduly lenient sentencing in sexualcases, an issue on which I hold strong views, andDNA evidence. The Bill offered an opportunityto lay down a statutory framework to establish aDNA database which would be helpful in thefight against crime in the years to come.

Mr. Deasy: I support many of the provisionsof the Bill, particularly the increase in detentionperiods from 12 to 24 hours and the decision toallow a chief superintendent to authorise a searchwithout a warrant in certain circumstances. I haveraised the issue of searches for years in the Houseonly to be met by official denials that there was

a problem in this regard. I am glad the Bill recog-nises that in some cases members of the Gardawho are aware that a villain has stolen goods in aparticular property must drive 120 or 130 miles toobtain a warrant from a District Court judgebefore carrying out a search. This is a practicalmeasure which the Garda will find useful. I alsosupport the introduction of fixed penalties forpublic order offences.

I concur with most of Deputy Peter Power’scomments on anti-social behaviour. They mirrorthe sentiments expressed by many Deputies inthis debate in recent months. Members have allheard stories from gardaı in recent years. Myproblem is that no one seems to know what ismeant by community policing. Members of theFianna Fail, Fine Gael and Labour parties andeven Sinn Fein have latched on to the idea ofcommunity policing because the message is politi-cally highly transferable to the electorate. Every-one wants to have a cop outside the door. I doubtwhether Deputies could explain what communitypolicing will mean in the new era.

Mr. P. Power: The Joint Committee on Justice,Equality, Defence and Women’s Rights recentlyissued a very interesting report on communitypolicing.

Mr. Deasy: After reading the report I was asconfused as ever. A number of people, even theMinister, have come around to the idea of includ-ing local authorities in policing arrangements.While I initially supported this approach, this isno longer the case. We have missed the point withregard to the role of the Garda in communitypolicing.

I strongly disagree with the contention by abackbench Fianna Fail Deputy that the issue wasabout funding for the social services, the HealthService Executive, the Department of Educationand Science, juvenile liaison officers and socialworkers in general.

I am glad the Minister of State at the Depart-ment of Justice, Equality and Law Reform,Deputy Brian Lenihan, is present because I havesome suggestions to make on this general issue,some of which derive from my experience inrecent weeks of dealing with four problem chil-dren with disastrous results. The Minister of Statehas made significant strides but while the overallposition has improved there is a growing imbal-ance in this area which ties into the wider issueof community policing. I really am not sure whatthese organisations are doing dealing with juven-ile crime in some instances. I continually comeinto contact with senior gardaı who say that theydo not have the first clue what exactly theseorganisations are doing, particularly in light ofthe amount of funding that they receive.

As I said to Deputy Peter Power, everyonehere seems to be coming around to the same


viewpoint, which is that the type of communitypolicing included in this Bill represents a pana-cea. I note that bolstering community policing ingeneral is of paramount importance to everybodybut I am not sure anyone really understands whatthat means. The catchphrases being thrownaround are “better co-ordination”, “more gardaıon the beat”, “working between all the publicservices”, “multi-ethnic police forces” and“proper estates management”. These are fine.

Some of the legislation the House passed dur-ing the past two or three years has been com-mendable but some of it has merely completelyconfused the issue. If, for example, I table aparliamentary question asking how many peoplehave been convicted under the Criminal Justice(Public Order) Act 2003, I will receive a replystating that the number is extremely low. Fewgardaı are using that legislation. Few of them aretelling me that it is a useful tool in the fightagainst crime and the cleaning up of our streets.In large part, we have got this wrong. I agree withthe Fianna Fail backbenchers and with their FineGael counterparts. There seems to be a legislativediarrhoea coming out of here in some instanceswhich is not helping anyone out. I must state, inthe strongest terms, that all it does is subvert therole of the Garda in some cases. It is confusingthe issue at hand and is not making their role, asfar as dealing with crime on our streets is con-cerned, any easier.

I wish to make two points in that regard.Ireland has changed greatly during the past tento 15 years. There has been a massive influx ofdifferent ethnic groups and races into the country.It was the case, even 15 years ago, that if a younggarda came into a particular division, he wouldprobably go to the local priest to find out whatwas happening. One cannot do that anymore. Itis somewhat more complicated, particularly inurban areas. The second major difference is thatthere parental responsibility and regard for auth-ority have been hugely diminished. That massivechange has not been mirrored by a requisitechange within the Garda Sıochana. The force hasnot really changed to match the corresponding insociety. For policemen generally, it has changedirrevocably and we have not made the requisitechanges with it. I reiterate the point that thisLegislature is not helping the situation. Gardaıare still subject to the whim of the Minister forFinance and that of the Minister for Justice,Equality and Law Reform, Deputy McDowell.The latter is having more of a say because of theintroduction of new legislation that strengthenshis role in terms of consultation with the GardaCommissioner.

The point I am trying to make is that there wasa time when community policing revolved aroundpolicemen. However, it no longer works like that.That is what has changed. As a result, the pictureof community policing as we know it has become

entirely confused. There are social workers,health board workers, council officials and hous-ing officers. Essentially, the leadership has beentaken out of community policing. Returning tothe couple of situations I encountered recently,nobody wanted to take charge. Everybody knewthe situation and the best actors involved were,and continue to be, gardaı.

No one among all of the agencies dealing withparticular young people of the age of 13, 14 or 15is prepared to make the call in many cases.Nobody has been assigned the leadership duty ofdealing with particular individuals. It is a mess.There are five different agencies dealing with oneparticular problem and no one has been assigneda leadership role in dealing with many of thesecases. As a result, people give up. They just donot bother any longer. It becomes too confused.They do not know where responsibility lies andI am afraid the issue is repeatedly glossed over.People, particularly in the Garda, become terriblyworked up about this because they see a part-icular young offender and they want to do theright thing, However, I am afraid they are beingprevented from doing so in many cases.

Of the many social commentators, one put itas the commensurate balance between the Gardapowers and responsibilities. As I see it in my con-stituency, I am coming to the conclusion that wein this House have caused the confusion in manyinstances. We have done so with good intent insome legislation but I am afraid we have passedBills that have sucked up much of our legislativeenergy as public representatives and I am notsure that the results are visible for us to see anylonger. If we are moving in the direction of com-munity policing, we need to take a step back andlook at all the legislation here to see what wehave or have not achieved.

I would not describe the Garda as a beleagu-ered force. As I stated, I think gardaı are tired ofhaving their role in society subverted by too muchlegislation. I was of the opinion that it might bea good idea for the superintendent or the chiefsuperintendent to attend meetings of the localauthorities, even a monthly basis. I am not so surethat is such a good idea any longer. Interaction isgood but the only way community policing willwork is if there is an agreed structure that hasgardaı leading community policing efforts. That isthe key element.

We have turned the entire matter on its head.There was a time not that long ago when com-munity policing, or the majority of it, rested solelywith gardaı. However, we have now included allof these agencies and different forces and gardaıare feeling somewhat sore about the entire affair.They have gone back into their shells, as if to say“We’ll do our jobs and you guys do yours”.

In my opinion, gardaı are looking for a pur-pose. They have had some bad media, some ofwhich was justified, in the past three or four years


[Mr. Deasy.]

but they are upset with regard to what is hap-pening in their communities. They are feelingsore about the influence that Government is hav-ing on them and about their role being confused,unnecessarily in some cases, when it comes toissues such as community policing. That is theonly point I want to make in that regard. If oneasks a garda what he or she is looking for fromus, the answer will be that he or she wants moregardaı and judges who have a clue about real life.In general, their needs are simple but we have,with good intent on occasion, confused the issue.If we are to pursue this idea of communitypolicing, gardaı must be the ones to mould andlead whatever structure it takes within communi-ties without undue interference — as is currentlythe case — from those other agencies to whichI refer.

There are a couple of other issues I wish toraise. Burglary should have been included in thisBill. The recent crime figures indicate that thenumber of burglaries has again risen, althoughmarginally. In my constituency, I have come tothe conclusion that, because of the centralisationof Garda stations and the removal of gardaı,particularly from rural areas, people are not beingproperly protected. Gardaı cannot do that job forthem because they have been centralised. Inmany instances, gardaı no longer reside in thecommunities they serve. Successive Governmentshave tried to provide incentives to gardaı, partic-ularly young members of the force, to move intothese neighbourhoods but, in general, this has notworked. Many of these neighbourhoods aredevoid of a Garda presence.

If the State cannot provide adequate protectionto homeowners, the law must be changed to allowthem to protect themselves. If that means wemust allow a homeowner use force if a burglarenters his or her property, that should be con-sidered. In many rural areas in particular therequisite police force is not available to protectthem.

I want to make some points with regard tocommunity policing. I carried out a survey in theCity of Waterford this year and completed it atthe end of the summer. My sample was approxi-mately 710 people from the city. I am from anarea about 30 miles from the city so I was happywith that sample. I got the distinct impressionfrom the comment box that people were dying totell me their experience. The numbers of burglar-ies in Waterford city were astronomical and inmany cases people’s homes or businesses wereburgled four or five times.

I will give a snapshot of the position in Water-ford city after three and a half years of thisGovernment. Some people might say the ques-tions asked in my survey are simplistic, but I donot agree. The responses give a good idea as tohow unsafe people feel in one of our largest

urban areas. Some 95% of people surveyed saidthey believed Waterford needs extra gardaı. Inresponse to the question of when they last saw agarda on foot in their neighbourhood, some 3%said the previous week, 14% the previous monthand 59% the previous year. Some 22% said theyhad never seen a garda on foot in their neigh-bourhood. The funny thing is I did not include abox to cover the option of never; people addedthat themselves.

When asked how they would rate the generalGarda presence in their area, 2% said very good,11% satisfactory, 31% unsatisfactory and 54%non-existent. Some 61% of people said they hadno confidence in the ability of gardaı to combatcrime. With regard to whether gardaı haveadequate resources to do their job, 82% said theydid not. In general, people know where the blamelies, and it is not with gardaı. The people want tosee more gardaı in their neighbourhoods, butthey do not believe they have the resources to dotheir jobs. Gardaı do not believe it either.

When asked whether they were afraid to walkin their neighbourhood at night, 58% of thosesurveyed said they were. Some 95% indicatedthey fear for their children’s safety when they arein town at night and 68% said they were afraidof being personally assaulted. The Minister ofState will love the next question and response.When asked whether they or a member of theirfamily had been a victim of crime over the pastfive years, 49% said they or a member of theirfamily had been victims. The local gardaı werestunned by that figure.

I asked whether anyone was convicted inrespect of the crimes reported to gardaı. Some96% said there was no conviction in their case.When asked whether they had confidence in theability of the courts to combat crime, 90% saidthey did not. In reply to the question as towhether our court system tackles the problem ofrepeat offenders, 90% do not believe it does.Some 85% of people surveyed agreed parentsshould be fined for offences committed by theirchildren and 94% said the movement of youngoffenders should be restricted by law.

A question of particular relevance to this Billasked whether electronic tagging should be usedas a substitute for prison and some 61% said itshould. On the question of whether sentencing istoo harsh, too lenient or about right, 90% felt itis too lenient. The response to this survey afterthree and a half years of this Government givessome idea of how the people of Waterford cityfeel about this issue.

I asked a parliamentary question about twoweeks ago regarding Garda figures for all theurban areas. I also raised this matter with SeanAylward, Secretary General of the Department.The response showed that in Dublin, the Mini-ster’s home base, there were 300 people pergarda, but in Waterford there were 500 per garda.


This is a significant difference. There is a massivedifference between the number of gardaı on thestreets in Waterford versus the number on thestreets of Cork, Dublin, Limerick and Galway.

The Department has its criteria wrong. TheMinister needs to examine the formula he uses toassign members of the Garda Sıochana to urbanareas. I know the situation in the City of Water-ford and have been told by senior officers that itwill get a lot worse before it gets better. Theyare concerned. When I see the number of gardaıavailable for deployment in Waterford, I am notsurprised the people in Waterford city feel theway they do. The Department of Justice, Equalityand Law Reform and the Garda Commissioner’soffice need to reassess the formula they use toassign numbers of gardaı to urban areas.

Our crime levels will continue to rise until werealise the Garda Sıochana are not bit-part play-ers in community policing. Gardaı must lead andspearhead it. They must be trusted with and giventhat responsibility. If a Government effort ismade in that direction, the Garda will relish it.The time is right for this.

Mr. Boyle: When this Bill was published earlierin the year, the Department of Justice, Equalityand Law Reform produced a briefing note to theoffice of the Government Chief Whip, which wassubsequently transmitted to the party Whips ofall groupings in the House. That note listed themain features of this Bill and highlighted eightbullet points with regard to what the Bill is about.Half way through the briefing note, it mentionsthat the Minister intends to bring forward furtheradditions to the Bill during its passage throughthe House. There then follows ten bullet points.

If anything describes the ad hoc nature of howlegislation is processed through the House, it isthe presentation of a Bill that is followed by abriefing, followed by a debate from which awhole new Bill results. I suspect that when theBill eventually goes to Committee Stage, we willsee further bullet points emanating from theMinister’s imagination. I will give the Minister ofState some benefit of the doubt if he wants toput his——

Mr. B. Lenihan: Bullet points up as well.

Mr. Boyle: Indeed. I expect we will see evenmore on Report Stage. When we look at the high-lights as presented in the original briefing notewe can, perhaps, understand why the Ministerwanted to introduce a different or sexier Bill. Theoriginal highlights are on the dry side. The Billcalls for a statutory power to preserve a crimescene. It is surprising that is not already a statu-tory power. It is an uncontentious matter to bebringing before the House.

The Bill also seeks a general power with regardto the issue of search warrants. It is well known

that many prosecutions have failed — perhaps fartoo many — because of the bad application ofsearch warrants. I fear we may entrench bad prac-tice by making the practice easier rather thanenforcing the high standards that should alreadyexist. The Bill calls for increased detentionpowers of up to 24 hours for arrestable offences,namely offences that are punishable by sentencesof five years or more. This has civil liberty impli-cations. Not only that, there are already pro-visions on the Statute Book with regard to anti-terrorist legislation that should the Garda requireit and hold people in detention for long periods,they can describe the offence as a terroristoffence rather than resort to a provision such asthis.

The Bill proposes to make some amendmentsto the Criminal Justice (Forensic Evidence) Act1990. In particular, it proposes to reclassify salivaand mouth swabs as samples for which consent isnot required. Perhaps we are moving into moreinteresting territory. There may be civil libertiesimplications. It depends on the degree of forceused in seeking such samples. I do not think thereis any degree of large-scale dissent about makingevidence of this nature as easily available as pos-sible and loosening the law in this regard.

The legislation before the House will extendthe power of the prosecution to make an appealin certain limited circumstances, for example ifpoints of law are at stake. The Statute Bookalready provides for an ability to appeal theseverity of a sentence. While the extension of thisprovision to cover points of law might beinteresting for barristers and solicitors, the extentto which it would change this country’s generalsentencing policy has yet to be proved. The Billincludes some general provisions, mostly of atechnical nature, which it is claimed will improvethe efficiency of the prosecution of offences. Thatclaim pretty much sums up the original intent ofthe Bill. The legislation will provide for a fixedpenalty procedure in respect of certain lesserpublic order offences. It will amend the FirearmsActs to alter the requirements of applicants forfirearms certificates.

I wish to speak about the second category ofbullet points, which outline the Minister’s sub-sequent proposals. It is clear the Minister’simagination has gone into overdrive in thisinstance. It is obvious he has highlighted thepoints he thinks will attract the most interestamong the media and the public, in terms of poli-tics in general. The Minister has outlined theBill’s intention to deal with participation in crimi-nal organisations. The Bill does not specify politi-cal parties in that regard. The Minister hasspoken about the proposal in the Bill tostrengthen sentencing provisions for drug traf-ficking and firearms offences. He also intends toprovide in the Bill for the electronic tagging ofoffenders. The Bill will provide for the new


[Mr. Boyle.]

offence of the possession of an article with intentto commit certain offences, although it does notspecify whether it is a definite or an indefinitearticle. It has been suggested that further amend-ments will be made to the sections of the Fire-arms Acts concerning the control of firearms. Astatutory committee will be established tooversee the process of codification of all substan-tive law. The Minister must be really serious if heis establishing a statutory committee.

The Bill will provide for some new offences ofsupplying drugs to prisoners. The Minister’sresponse to the problem of drug-taking, whichhas been a feature of the prison system for a longtime, has been to introduce a new offence. Therehas been very little evidence during the Minister’stenure that the supply of drugs in our prisons canbe better disturbed or controlled. Many prisonersoriginally became addicted to drugs while inprison. There are not enough support services tohelp to wean prisoners off their addictions. Weneed to put services in place to help people to getrid of their addictions after they finish theirprison sentences. I would accept the Minister’sbona fides in this regard if he showed moreserious intent and provided more resources.

The big selling point of the new Bill that willbe before the House after the amendments aremade will be the new provisions for dealing withanti-social behaviour. I refer to the anti-socialbehaviour orders which have operated in theUnited Kingdom in recent years. Although suchorders seem to be quite unsuccessful there, theMinister feels the need to introduce them here.He has argued that they will not be applied in thesame way here — he does not propose to givelocal authorities the power to issue anti-socialbehaviour orders. I do not understand how theexistence of such orders will lessen the existenceof anti-social behaviour or ameliorate suchbehaviour. There has not been any evidence inthe UK that the orders have such effects.

The Minister has not explained how he intendsto avoid the ridiculous use of anti-social behav-iour orders, which has been a feature of thesystem in the all parts of the UK, includingNorthern Ireland. When the orders were intro-duced in Northern Ireland a few months ago, thefirst one to be issued on behalf of a local auth-ority was issued on foot of a complaint made bya person against his neighbour who was playingrecords or CDs too loud. When one starts tointroduce quasi-judicial measures which give theappearance of public involvement in the justicesystem, one creates a justice system that is notedfor freakish decisions and occurrences. The Mini-ster might be keen to stray into that territory, butit does not do anything for the majesty of the law.The House should not encourage the Minister’sinclinations in this regard by passing legislation ofthis nature.

The Minister has outlined his intention to givethe courts the right to suspend or partially sus-pend sentences to motivate offenders to stayaway from crime. The courts will also be able toadjourn to deal with issues which give rise to theoffences. I welcome these measures, which areamong the more liberal outlined in the new bulletpoints. If the Minister is really serious about themeasures, why is the probation and welfareservice so poorly resourced? Why are communityservice orders so rarely used? If the two measuresare taken on board to the extent that they shouldbe, there will not be a need for the new provisionsin the Bill. The Minister has also proposed theestablishment of a register of drug offenders. Hehas also outlined his intention to increase signifi-cantly the penalties for the illegal importation,sale or use of fireworks. It seems that he is keento go out with a bang.

When speaking during the Second Stagedebate on a criminal justice Bill, we need to con-sider first principles. Although he is an eminentbarrister who has practised for many years, I amnot convinced the Minister is fully in tune withwhat our justice system should be about. Thephilosophy that underpins his version of thesystem seems to relate more to retribution andrevenge than to atonement and rehabilitation. Hehas not addressed the central questions. If ourprison system is working, why is the rate of recidi-vism so high? Why do so many of those who enterthe prison system commit further crimes? Ifprison is such a deterrent, why do we have highlevels of crime in our society? If we have put inplace so many serious measures to discouragepeople from committing crime, why is the natureof crime changing in our society? There has beena swing away from crimes against property tocrimes against the person.

I refer in particular to drug offences. There hasbeen a great deal of discussion about the possi-bility of establishing a register of drug offenders.The appropriate balance that should exist withinour justice system should be articulated by theMinister for Justice, Equality and Law Reform.There is a need for support structures to assistthose who are drug offenders because they havean addiction and are trapped in a cycle of druguse, misuse and abuse. I will continue to look onmeasures such as this Bill with a jaundiced eyeuntil I hear the Minister speaking more articu-lately about such issues.

The existence of anti-social behaviour is notjust a media phenomenon. My Green Party col-league in Cork, Councillor Chris O’Leary, hasbeen a victim of such behaviour in his local com-munity. When he tried to take appropriate stepsas a citizen to address that behaviour, he encoun-tered various barriers. The Garda at local level isnot as co-operative as it could be, for exampleby involving other people, identifying anti-socialbehaviour and nipping it in the bud, ensuring that


appropriate systems of diversion are availableand putting in place rewards for appropriatebehaviour, where appropriate, in communitieswhere anti-social behaviour is most prevalent.The Government does not have an integratedpolicy in this regard. The Minister of State,Deputy Brian Lenihan, has some role in thisrespect. His office was established as part of anattempt to ensure there is co-ordination and inte-gration between the Departments which shouldbe involved in this area. I refer in particular tothe need to ensure that young people are divertedfrom crime. The Minister of State might not beprepared to admit that the level of funding allo-cated to this area remains quite small, unfortu-nately, when compared to the overall level ofGovernment spending. Such funding will havelimited success because it is just a drop in theocean in communities with a substantial level ofneed. We tend to approach many of these issuesas if we were running up a hill backwards becausethere is a lack of political will to address seriouslyissues which are politically unpopular. If we areto appropriately address many of these issues andthe communities concerned, it will mean makingpolitical choices that could ultimately lose votesfor politicians and political parties because thedecisions that need to be made and the resourcesthat must be allocated mean in some senseacknowledging, through the use of taxpayer’smoney, the need for investment in areas wherethat money may not be spent as effectively as itcould be in the short term. Medium-term andlong-term decisions must be made. Rather thanposturing on the issue, as the Minister for Justice,Equality and Law Reform often seems to do, itwould be more in order for the House to do itsjob effectively and address public concerns in thisarea through a more consensual approach. Unfor-tunately, crime seems to be an issue on which, atone level — through media reportage — one canmake a lot of noise, produce sexy copy or intro-duce the degree of scaremongering that makespeople feel ill at ease with themselves and thecommunities in which they live. That is not aresponsible way for a political system, never mindan individual politician, to behave in regard toissues of this type.

6 o’clock

The briefing concludes by trying to imply thatthe Criminal Justice Bill is part of a co-ordinatedlegislative programme being introduced by the

Minister. However, as he seems tohave three mad ideas before break-fast every day, I do not know how he

can have a co-ordinated approach to any legislat-ive programme. We know there will be new ideasin this Bill and that new Bills will be introducedin whatever remains in the lifetime of this Dail.To suggest that this Bill is similar to the legis-lation that dealt with interview techniques, theGarda Sıochana Bill or the Independent GardaOmbudsman Bill is to miss the point. We know

from the issues that have arisen in, for example,Donegal that all is not well with how decisions inregard to policing are made and how individualcitizens are affected by such policing. We shouldnot run away from the consequences of this.

Administrative problems further underminethe fight, such as it is, against crime. Initiativeshave been introduced, such as communitypolicing in rural and urban areas. As a Deputyrepresenting a constituency with a fair mix — itis largely urban and suburban, with a rural com-ponent — I have experience of how theseschemes operate ten or 15 years after their intro-duction. I can identify a number of reasons publicinvolvement in the prevention of crime has notbeen as successful as previously. For example, ascommunity police officers must change Gardastations on too regular a basis, it is difficult forthem to establish and maintain relations withpeople in particular communities. Moreover,many of the support structures, such as road signsand stickers on doors and windows, were issuedten or 15 years ago. The road signs are broken orhave become covered in moss, the stickers in thewindows have faded and any idea of communitycohesion in regard to many of these projects hasdisappeared.

If we were serious about addressing the prob-lems of crime in a co-ordinated way, we woulddeal with the economic and social realities for thecommunities where crime is most predominantand the generations in which crime is most preva-lent. Older people have a fear of being victims ofcrime and some older people are victims of crime.However, we must remember that not only arethe majority of the perpetrators of crime youngbut also that the victims of crime in the majorityof circumstances are young.

This brings us back to the Minister’s situationand his effort to be some sort of bulwark by intro-ducing a co-ordinated approach to these issues.As one with experience in youth and communitywork, I find it frustrating that, after 20 years, theonly suggested response from Government is thetraditional approach — the “hard man” or “birchthem and lock them up” approach — and thatmany of the provisions in the Children Act andthe Youth Work Acts remain unimplemented.This is despite the fact an alternative exists. Witha small amount of political will and an appro-priate amount of resources, there would not be aneed to introduce legislation of this type. This isthe saddest aspect of the legislative programmeintroduced by the Minister. I have only a forlornhope that by the end of the lifetime of this Dailwe may see the Minister as a different animal,namely, one who has had a Pauline conversionabout what he believes and about how we canchange the nature of society.

Mr. English: Since the foundation of the State,crime and criminality have never been far off the


[Mr. English.]

agenda. In the coming year, one will have to wel-come the fact that a generation will grow up with-out the State being under threat from para-military or other types of organisations. This givesthe State a wonderful opportunity to concentrateon criminality which, until now, may have flownunder the radar as scarce Garda resources weredirected to other areas. However, this oppor-tunity needs to be grasped with both hands andnot in a piecemeal way, as under the CriminalJustice Bill. We do not want another opportunityto be wasted. I am convinced that we have lostmany opportunities during the past seven or eightyears. These were years of opportunity,when thecountry could have gained by making changes.While we did not achieve those changes, I hopewe will do so in the next couple of years.However, piecemeal legislation will not achievereal change or results.

It is seldom since the foundation of the Statethat the ministry in charge of justice affairsseemed less important than the Minister who wasrunning the Department. The Department ofJustice, Equality and Law Reform has becomenotorious for press releases and announcementsbased on little except that the Minister wanted tobe heard. Later, many of these announcementsand press releases came to mean nothing. Therehas been no action, no results and no change. Forexample, despite promises in respect of 2,000extra gardaı and a zero tolerance policy, there hasbeen no change. There was a major mediaannouncement of a new traffic corps, whichinvolved Garda vans, motorcycles and colourfullights and sirens. Some changes took place, somemore flashy cars appeared on the roads but noreal results occurred. However, day after daypeople are being needlessly killed on our roads.It is becoming more difficult to go the funerals offriends and to see their families suffer needlesslydue to inaction across a number of Departments.The traffic corps is not the only answer but weneed changes and action across the board, notjust announcements and glitzy advertisements.We need real change, which we are not getting.While there was a further media announcementon reserve forces and privately operated cameraswere discussed, no change has resulted.

I realise that some of these issues stretch acrossdifferent Departments. However, that is not anexcuse for not implementing them. The Bill isanother opportunity to discuss crime while notreally discussing solutions to the problem and tomake small changes and fiddle with legislationwithout debating what needs to be done to makethings better, reduce crime and make safer thelives of members of the public. While one mustrecognise the need for the Bill, which is longoverdue, it has been highlighted that theMembers spend their time playing catch-up,reacting to rather than setting the agenda. This

means the Bill will be outdated before it is evenenacted. One has to start somewhere but I wouldlike to have a proper debate that will bring aboutchanges and make a difference outside theHouse.

I have been a Member of the Dail for threeyears but I cannot think of four or five Bills thathave improved the lives of the people. All Billsare important in their own right as certainelements must be changed or brought into line.However, they do not make a difference. TheMinister is in a position to make real changes. Itis a shame his talent is going to waste and is notbeing properly directed. He is more concernedwith making announcements to the media. A sim-ple example was the plan the tackle bicycle theft.This should have been quietly put in place. TheMinister should have issued an instruction tothose in charge that he wanted a reduction inbicycle theft and should have provided the fund-ing but that is not what happened. There was abig media announcement that there was a plan toreduce bicycle theft. Everyone was told how easyit was to rob a bicycle and the number of bicyclerobberies increased by 58% as a result. That is asimple example but it proves the point I make.

For the criminal justice system to be successfulit must have the co-operation and hold the faithof the people. Gardaı have traditionally beenheld in high esteem, with respect for the uniformto the fore. In recent years, however, that esteemhas sadly been eroded to some extent due to cir-cumstances of which the Government shouldhave been in control but which have now takenon a life of their own. This is the first issue theCriminal Justice Bill should have tackled compre-hensively. When root and branch changes wereneeded in the RUC, the Patten report was com-piled. It set out a blueprint for the future. Whilethe Northern peace process has a long way to go,the Patten report clearly defined the steps suchreform would allow if brought to a successfulconclusion.

As Deputy Boyle said, the Minister hasclaimed that this legislation is part of a co-ordinated legislative programme. I do not believethat to be the case. If it is, however, where is theblueprint and the research behind the legislativeprogramme that will bring about all thesechanges? On what is this Bill, and all the otherBills that will be introduced, based? What is thelogic behind them? As my colleague, Deputy JimO’Keeffe, stated earlier this year in respect ofthe Bill:

The Minister announced in his speech thathe has major plans to amend heavily the Bill asinitiated. [He must really be coming from asound basis if that is the case.] I went throughhis speech and I found he had nine bulletpoints that were included in the Bill along witha further 11 bullet points that are currently onlyin his mind. Yet we are supposed to debate


these issues today, despite the fact that they arenot included in the Bill.

In the interim, we have managed to get some ofthese ideas out of the Minister’s head and intothe public domain. One involves increased sen-tences for drug trafficking. At present there is amandatory sentences of ten years. If I am correct,in more than 80% of cases individuals receivefewer than ten-year sentences. Some only getone, two or five years in prison. That is grand ifthe judges believe it is right and if society acceptsthat because prison is not always the answer.However, if a sentence of ten years is prescribedin law and if it is not being imposed, the law mustbe wrong. Perhaps the sentence should be two orfive years. I do not know but the law currentlystipulates a sentence of ten years but no one isenforcing it or it is only been enforced in veryfew cases.

If the Department of Justice, Equality and LawReform is working to or from a masterplan or ablueprint, how is it possible that the Minister canhave all these ideas in his head and not on thetable for discussion? How is it that this legislationneeds so many amendments and changes evenbefore the ink is dry? If we could see the mas-terplan behind it, then surely these changeswould not be needed or recommended and wecould debate them properly. The Minister spokeof tagging criminals. That idea might work and begood but it should be included in this legislationso that we can discuss it properly. The Bill wasintroduced even before the committee finished itsdeliberations on community policing and so onbecause the Minister wanted to make anotherannouncement on legislation he proposed tointroduce.

It appears to me and many of my colleaguesthat this legislation has more to do with the per-sonality of the Minister than to the root andbranch reform it proposes to tackle. If I amwrong, show me the blueprint and from where allthese ideas are coming? It is almost certain thatparts of this Bill are, and will remain, unworkableuntil they are scrutinised in a proper, professionalway before they are enacted. We talk of fixedcharge amounts. I have no idea what the amountswill be, how they will be administered and the listof offences to which they will apply. There aremany ways to define “public disorder”. I agreethat it needs to be tackled but it is not clear howthis will be done. It is open to interpretation andis a grey area open to abuse. The Garda needspowers to enable it to act. Further grey areas arenot required. Every second garda will have adifferent interpretation of it.

Ireland has moved on from a situation wherepriests and police could not be questioned andwhere dark secrets could easily be locked away inclosets so prying eyes could not see the truth. Thisis welcome but to gain respect in this modern age,one must earn it through action and not only

words. The first failing of the Bill is its wordingwhich might suit the Minister’s colleagues in theLaw Library but which does nothing for me orfor the many people to whom I spoke on thedoorsteps when I tried to explain the CriminalJustice Bill, which has been hanging around herefor the past number of months. I found it difficultto sum up the Bill, to explain to people what itcontains and to say how it will change things.After repeated readings of this Bill, it is still diffi-cult to grasp what it is meant to achieve.

Many of us know exactly from where we arestarting in regard to criminal justice — I am surethe Minister does too if he would only tell us —and have some idea where we would like to finishbut we are confused by the bit in the middle, thatis, Bills such as this. This Bill is strong on rhetoricand on terms which could mean different thingsto different people. It is low on setting standardsand targets for achievement and it seems to belegislation for the sake of it. In plain English, itmeans a job not completed. It is another part butthere is no end result.

It has often been said that good legislationreflects the society it is deemed to serve. Goodlegislation takes on board the mistakes of the pastand the experiences of others who have dealt withproblems in different ways. Clearly this legis-lation is found lacking in these areas. The societyin which we live is fast changing, is more cosmo-politan and is moving from a rural to a moreurban environment in which people are forced tolive closer together and in which modern tech-nology makes crimes relatively easy to perform.These changes are not factored into the Bill.

High density populations need more visiblesecurity. In 1996 my home town of Navan used tohave one garda for every 270 people. Now it hasonly one garda for every 410 residents. How doesthis reflect the multicultural town of Navan,which has three times the population it had tenyears ago? In 1983, Navan had more gardaı thanit has now. The population then was under 10,000but it is now heading for 30,000. Some 23 yearson, we have gone backwards. Again, this Bill willnot solve a thing. I know that a legislative prog-ramme is supposed to be brought forward but Iwonder where it is and where the Minister is todefend it.

More fundamental root and branch reformssuch as adding to the strength of the Garda Sıoch-ana need to be addressed with introduction of aBill of this nature. I referred earlier to the reserveforce. Perhaps tougher penalties for road trafficoffences are needed. It is time we got real inregard to road traffic offences. One way or theother, we must resolve the problem. Someone inGovernment should decide to do so with a teamof civil servants or whatever. However, no one inthis or in any previous Government has said theywill resolve it. It is time someone decided to doso whether it is done under the Department of


[Mr. English.]

Justice, Equality and Law Reform or the Depart-ment of Transport. It does not bother me whoresolves the problem but it must be tackled. Weshould spend time discussing such issues ratherthan Bills of this sort.

In this modern era, legislation such as thisshould clearly define the role of our new policingservice and supply a yardstick by which it can bemeasured. Without this, sadly, those who attemptto work the system can never be sure if what theyare doing is right. For those of us whose job it isto monitor the system, the task is just as difficult.What are we to measure it against? How are wesupposed to interpret the Bill? I have askedgardaı about it but they are not sure what itinvolves, what changes will be made, how thesewill affect their work and how they are supposedto decide on whom to impose a fixed charge. Wedo not even know if a fixed charge will stay onsomeone’s record. Will people have criminalrecords? Perhaps we could look at penalty pointsrather than impose fines of \80. In light of theway people drive on our roads, I do not believean \80 fine scares them. I am not sure it worksand, therefore, a system of penalty points forpublic disorder should be considered. It might bea better deterrent than anti-social behaviourorders or prison sentences. It will give an oppor-tunity at an early stage to identify an individualwho is at risk of heading for a life of crime. If,say, 12 penalty points is the maximum, and anindividual reaches six, signals would go off forsociety to intervene before it is too late.

With the number of murders and seriouscrimes involving illegally held arms increasingand showing no signs of abating, special pro-visions are needed. Mandatory life sentencesmust be the norm for the perpetrators of suchcrimes. Mandatory life sentences for those caughtin possession, giving sanctuary or hiding illegallyheld arms must be introduced without delay. Theword must go out that firearms held illegally haveno place in our country. Anyone who deals in oris in possession of firearms has no place insociety. No mercy must be shown to those whoknowingly possess such items and use them tokeep their illegal activities going. A gun maymake a small man big. Take away his gun and heis still only a small man.

It is time armed criminals learnt to respect, andto fear, the law. While such a Bill has the poten-tial to do this, as this Bill stands, it cannot achievethis. A car is also a deadly weapon. Everyoneassumes he or she has the right to drive one as heor she likes. It must be a privilege not a right todrive a car. It must be a privilege that must beearned, where an individual’s training is moni-tored and assessed properly. I apologise forreturning to the matter of cars but this morning Iattended another funeral of a 19 year old, anotherunnecessary loss of life and tragic circumstances

for a family. A Bill such as this offers us anopportunity to debate solutions to these issues.

Another high profile criminal activity, occur-ring on a daily basis and involving the robbery ofmultimillions of euro, is what some woulddescribe as daring schemes to get rich quick. Thepeople involved in these robberies have no part-icular skills but operate with inside knowledgeand the blessing of the authorities. This crime hasbecome the norm, leaving ordinary decent peopleas victims. The taxpayer is demanding it isstopped. To prevent such crimes happening, onedoes not have to tighten post office or banksecurity, no big media announcements have to bemade, no extra gardaı need to be employed, theArmy’s size does not need to be increased ormore advanced security vans or more closed cir-cuit television introduced. All that has to be doneto stop millions of euro walking from eachDepartment on a weekly basis and robbed fromthe people, is for the lugs who hire consultants,needlessly, too frequently and with an opencheque book to be sacked.

Wasting money is a criminal offence for whichsomeone must be accountable. To describe \150million as small change is an insult to any decentperson. It is codswallop when the Taoiseach saysthe tragic death of Mr. Patrick Walsh inMonaghan had nothing to do with resources.Again, it is another crime. Small change of \150million would have gone a long way to puttingtwo nurses in Monaghan Hospital, if that is allthat was needed for Mr. Walsh to have his oper-ation and prevent his unnecessary death. It is amatter of resources. It will take more resourcesto tackle crime. However, this Bill deals only withsmall changes to legislation without bringingabout real change, another wasted opportunity. Ihope the Minister for Justice, Equality and LawReform, Deputy McDowell, will introduce Billsthat will make a difference. However, I do notbelieve he will as he has not done so in three anda half years.

Mr. Healy: This Bill gives us an opportunity toexamine the multifaceted area of crime. Crimehas many contributory factors and must be exam-ined more deeply than in the past. It is an areawhere resources, not just for the Garda, must beprovided.

Education is a factor where resources need tobe provided. Significant numbers of our youngpeople are educated in classes which are unman-ageable. In south Tipperary, a recent survey car-ried out by the INTO indicated approximatelyone third of primary schoolchildren were inclasses of over 30 pupils. A significant numberwere in classes with over 35 pupils. Last week Iwas informed by parents of a second class in theSt. Peter and Paul national school in Clonmelwith 39 children. In a senior infants class in thesame school, there are 35 children. These


numbers are unmanageable. It is an early indica-tion that difficulties will emerge if the educationsystem cannot look after our young people.

Irrespective of what the Government has toldus over the last several years, in real terms spend-ing on education has fallen during the Govern-ment’s term. Ireland is 19th of the 26 OECDcountries in terms of spending in education. Onereply we will always receive is that funding is abig problem and where can it be secured. In areply to a parliamentary question last week, theMinister for Finance informed me that from 1998to 2004, the budget surplus, that is income overday-to-day expenditure, was \34.5 billion. Thatdoes not indicate a lack of sources for funding.What has been done with this funding? It haslargely been spent on roads, bridges and broad-band and not on human services like education,health, social welfare and Garda resources. Everyother half wealthy European country funds capi-tal projects like roads, bridges and broadband outof capital expenditure, by borrowing. It makesgood economic sense. Anything else is an anti-human policy, whereby we unnecessarily starvethose human services such as education, health,social welfare, housing and Garda resources ofmoney to build roads and bridges. We can borrowprudently, well within European guidelines, tobuild that infrastructure. The most importantinfrastructure in any country is a healthy, well-housed, well-educated population.

Arguments are made that previously we nearlybankrupted the country by borrowing. That didhappen but it was because Fianna Fail borrowedfor ordinary expenditure and that is very differ-ent. I call on this Government to put theresources available in its huge surpluses, some \7billion on the current account this year, intohuman services like health, education, housing,social welfare and Garda resources. Humanbeings need those services. If we want to ridsociety of criminality those services must befunded. We are in the happy position of beingable to do that and build our infrastructure aswell but for some reason this Government wantsto fund capital expenditure out of current rev-enue. That is bad economics, bad social policyand anti-human.

After adopting the fundamental policy of put-ting resources into human services we shouldtackle crime properly by allocating specific Gardaresources with particular facilities for certainareas. We were told there would be 2,000additional gardaı in the programme for Govern-ment. This is 2005 and we have still not seenthem. We will go into the next election withoutseeing them. There is no commitment on the partof this Government to put resources into theGarda Sıochana. Until three years ago there werethree gardaı in Fethard in my constituency. Oneretired on health grounds and was neverreplaced. In Clonmel, a town of 20,000 people

with a hinterland of a some 10,000 more, thereare 39 gardaı of all grades. Based on a 24 hourservice the maximum on duty will be eight andthat does not take into account sick leave orannual leave. There are approximately six gardaıon duty to serve a town of 20,000 and a hinterlandof 10,000. Is anybody suggesting that level ofGarda manpower is adequate to cover a town ofthat size? Nobody with common sense would sug-gest that was adequate.

From the point of view of resources, manytowns have asked for closed circuit television.Clonmel looked for it four years ago. I raise ithere on a regular basis as do my constituency col-leagues and other local elected representatives.We get the usual reply that it is in the system andwill be delivered once the funding is there. Thatfunding might be in two, three or four years’ time.Effectively there is no programme for rolling outclosed circuit television.

The Garda radio system deters people fromreporting crime. Constituents have told me theywill not report something to the Garda becausepeople can listen in to the system, so poor is it.They will know that Seamus Healy or someoneelse rang the gardaı. They would be targeted as aresult. It is totally archaic and deters ordinarydecent people from reporting crime.

Rural Garda stations such as in my area havealso suffered from a reduction in personnel andresources over the years. The exact opposite hashappened in the criminal fraternity. They havethe resources to be available in Dublin or 100 or200 miles from Dublin in a matter of hours. Thereare fewer Garda resources in rural areas than inthe past. That has given rise to huge difficultiesin local rural areas because gangs from the biggercities and major towns raid those areas withimpunity. The money is available to put properresources into funding Garda Sıochana and thefacilities and equipment they require. ThisGovernment should make a decision to do that. Icannot understand why they do not do it.

I become frustrated by the subject of com-munity gardaı as I and others have been pursuingthe issue for a number of years. I recall a numberof years ago going to Waterford city, and I haveheard a Deputy extol the virtues of communitygardaı in that city. The system available in Water-ford worked well, as it liaised with local com-munities and young people. It spotted difficultyoung people at an early stage and brought theminto line, ensuring they availed of various facili-ties available. It is a service that can break thecycle of crime.

In my constituency there are no dedicated com-munity gardaı. The same is true for a number ofother constituencies. I have spoken with theGarda Sıochana locally, and they have, with theRAPID organisation which covers part of myconstituency, along with local public representa-tives and local Members, recommended the


[Mr. Healy.]

appointment of community gardaı in southTipperary. They have not had success. Indeed,there was a spectacle earlier this year when asuperintendent from outside the constituency toldthe Minister that the area did not require com-munity gardaı. I would like that superintendentto live in any of the major towns in my constitu-ency, or other constituencies, and see for himselfthe requirement for community gardaı. There isno doubt in my mind that early intervention bygardaı dedicated to working in the communitywith local young people can do Trojan work inbreaking the cycle of crime, particularly in largertowns and cities.

This leads to the area of anti-social behaviour,which I will briefly discuss. Community gardaı areessential if anti-social behaviour is to be dealtwith. Nobody wants to highlight anti-socialbehaviour in their own town, street or State, butit exists, unfortunately. It occurs every weekend,and local people are being abused and threatenedby small groups of people who could be dealtwith by a combination of proper education, com-munity gardaı and the provision of facilitieswithin estates and communities. They would alsobe helped by proper architectural design of part-icular estates. We should look at the way estateswere built in the past and are still being built tosome extent. Input should be received from localcommunity gardaı on planning of estates.

I have addressed the issue of the inquiry intothe tragic death of Brian Rossiter to the Ministerin the past by means of parliamentary questionand statement. The inquiry put in place by theMinister is inadequate in dealing with that case.Everybody involved, including the Garda, wouldlike to see a fully comprehensive and transparentinquiry, set up properly under recent legislation.It should have extended terms of reference toensure the tragic situation is properly dealt with,properly reported, and the report made widelyavailable to the public in order to clear the air ofthe tragic occurrence in Clonmel.

Notice taken that 20 Members were not present;House counted and 20 Members being present,

Dr. Cowley: I am glad to speak on this Bill andit is an important subject. “Prime Time” tonightwill discuss the case of a Donegal taximan whowas killed by a car driven by a young man whohad been seen drinking earlier that night.Although the young man was subsequentlyapprehended, he was not breathalysed. This isindicative of the types of situation occurringwithin our laws that are very wrong. I have muchrespect for the Garda Sıochana and its work, butpast and ongoing cases such as the Donegalexample highlight where the law is not upheld.With regard to the case on “Prime Time” tonight,I wrote to the DPP asking why the young man

was not breathalysed even though he had beenseen in a disco drinking that evening before theunfortunate taximan was mowed down, leaving awife and young family behind him. These casesshould be addressed.

It often appears that two laws exist, one for theless powerful people on the ground and anotherfor richer or more powerful people. In ruralareas, we often have difficulty getting enoughgardaı to patrol an area. However, there is cur-rently no shortage of gardaı in Rossport, CountyMayo. When Advantica was sent there to carryout an assessment on behalf of the Minister forCommunications, Marine and Natural Resources,there were around 60 gardaı in the area. Themembers of the company were amazed to findthe locals were reasonable, law abiding citizenswho were engaging in a peaceful protest and theycould not understand how the services of 60gardaı were required. There has been spin byShell to insinuate that these people were otherthan law abiding citizens. Having visited thosemen in jail during their 94 day stay, it was usefulto see what an excellent prison service we haveand how hard the officers work, often without thesupport they need from the Government. It ishard to understand how the Rossport five werein jail for 94 days when we consider that Shell,after 79 days, is only beginning to take apart thepipeline that it illegally constructed. As the lawsof the land favour the rich and powerful, Shellwas able to be in contempt of the ministerialorder for 79 days. Those brave men wereimprisoned for 94 days and are back in courtagain tomorrow.

This is a society that would deprive people ofadequate numbers of gardaı. The Governmentdoes not promote balanced regional develop-ment, but ensures people fill the urban areas anddoes not then provide them with the supports thatthey need in those areas. The Government thenmakes much noise about anti-social behaviourorders. Instead of giving young people the sup-ports and services that are needed to control anti-social behaviour, orders are enforced whichcriminalise acts which are anti-social but notcriminal. In turn, these young people end up witha criminal record, are brought into the system andcastigated as criminals. They are stigmatised andthis cannot be right.

So much money has been wasted. In my area,we are still looking for basic services. Some yearsago, the Government gave the Garda a helicopterto assist in the fight against crime. When the thenMinister for Justice, Equality and Law Reform,Nora Owen, granted the provision of this service,she made the point that it was for gardaı to iden-tify the perpetrators of crime on the spot. Yet inthis country, people have died on the side of theroad giving birth to children for lack of servicesin their own area. A man with a bleeding ulcerdied because there was no service available in his

1525 Draft Animal Remedies Regulations 2005: 18 October 2005. Motion 1526

own hospital. Hospitals are being downgradedand are being deprived of the facilities they needto provide an adequate service. A reputablegroup such as the Royal College of Surgeons willthen state that such a hospital in not providingservices according to essential standards. Whatchoice does this organisation have when theGovernment deprives the local hospital of theservices it needs?

A report was published some time ago statinga helicopter emergency medical service wasessential and should be rolled out on a North-South basis, yet the service is still being denied tothe people. People such as this gentleman areill——

An Leas-Cheann Comhairle: The Deputyshould return to speaking about the Bill.

Dr. Cowley: Money is being spent on thingsthat are not really to the benefit of society. Itshould not be spent on punishing people to cureproblems that relate to a lack of social services inan area. The justice system is there to providethat. It is absolutely essential that gardaı are pro-vided in both rural and urban areas, but withrural depopulation, people have moved into thelarger centres and urban areas have increaseddramatically without an increase in Gardanumbers. Rural areas are being deprived ofessential services such as Garda stations, whichare necessary for the fabric of an area. There wasa great camaraderie in rural areas when everyoneknew the local garda, as well as a great respect forthe law. Locals could always identify the garda asa friend, but people now only meet gardaı whentrouble arises so they form a perception that thegardaı mean trouble. Anti-social behaviourorders will compound this. A much betterapproach would be a contract with a person tobehave in a certain way, rather than criminalisingthe person.

The value of the Garda in the communitycannot be overemphasised. We have seen toooften that this has not happened. Other servicesin rural areas include housing. Many people cometo my clinics looking for housing which is just notavailable. There are many voluntary housingassociations that could provide these houses. Liv-ing in hostels is not conducive to any type ofstable family life. This problem has been com-pounded in urban areas where so many peopleare homeless, particularly single people. There isno reason the voluntary sector could not getinvolved in this. I do not know why the Govern-ment always favours anything to do with thosewho make profit. Unless someone in the privatesector is making money out a service, theGovernment does not seem to favour the service.There is a great resource of people in the com-munity. The voluntary effort has been exem-plified by the group water schemes, put together

by people all over Ireland. It shows the value andpotential of community.

Debate adjourned.

Private Members’ Business.

————

Draft Animal Remedies Regulations 2005:Motion.

Mr. Naughten: I move:

That Dail Eireann,

notes the recent publication by the Ministerfor Agriculture and Food on the Draft Ani-mal Remedies Regulations 2005 and recog-nises that:

— Ireland must legislate for EU Directive2004/28 by 31 October 2005;

— the Government’s proposals willimpose unimplementable and unwork-able restrictions on farmers;

— the current proposals are over-bureau-cratic and will seriously restrict theavailability of animal medicines;

— the regulations will add an additional\80 million to the cost of veterinarymedicines in this country;

— the Competition Authority hasexpressed serious reservations regard-ing the implementation of the EUdirective in its current manner;

— it will seriously discriminate against thecompetitiveness of Irish food pro-duction and farming;

— the proposals will facilitate the creationof a monopoly in the sale of animalmedicines;

— it will hinder good farming practice andhave a negative impact on animalwelfare;

— it is becoming progressively difficult tomaintain veterinary practices in certainparts of the country;

— Northern Ireland has taken a morefarmer-friendly interpretation of theEU directive which may promote across-border black market for suchproducts;

— the regulation will inhibit the develop-ment of an All-Ireland animal healthregime;

and calls on the Government and the Mini-ster for Agriculture and Food to:


[Mr. Naughten.]

— allow qualified professionals, other thanbut including vets, to issue pre-scriptions;

— implement a regulation similar to thatof the UK authorities, which will eradi-cate the potential for cross-border tradein animal remedies;

— retain the wide availability of animalmedicines while ensuring that Irelandcontinues to produce food to the high-est standards;

— publish the proposed exemption listwhich has been submitted to the EUCommission;

— review the draft regulation to introducea simplified system of compliance; and

— allow Irish farming publications toadvertise and provide detailed infor-mation regarding the efficacy of animalremedies in line with similar UK publi-cations circulating in Ireland.

On 10 August, the Department of Agricultureand Food published draft regulations on the issu-ing of animal remedies. Many believe the pro-posal highlights the Government’s blatant dis-regard for Ireland’s food industry. TheGovernment is more interested in attracting tran-sient foreign investment than in supportingindigenous employers. Sadly, this view has beencopper-fastened by the publication earlier thisyear of the enterprise strategy action plan, theblueprint which will guide the development ofIrish enterprise for at least the next ten years. Itmade no mention of our agrifood industry, thegross value of which to the economy is estimatedto be more than \11 billion per annum.

Currently, red tape is strangling many farmers.It is no wonder that producers are losing confi-dence in a Government and a Minister for Agri-culture and Food who have failed to realise thesignificance of the continual and persistent over-regulation which has a serious impact upon thecompetitiveness of our food industry. Over thelast ten years, half of our abattoirs have gone outof business. Others in this sector are consideringtheir future due to the shifting sands of regu-lation, which continually require expensive re-investment to meet existing food standards. Thisis further compounded by proposals to ban thesale of meat from butchers into the cateringindustry, the backbone of the business of smallprocessors.

It is now vital that the Government reviews thearray of new rules and their associated costsbefore we price our food sector out of business.Since 2002, the Government has introduced anarray of stealth taxes which have facilitated mass-ive increases in charges for services such as elec-

tricity prices, motor charges, VAT and VHI thatare essential to the farming community. At thesame time, farmers do not even get the basic costof production back from the market place. Thisis at least partially caused by the undercutting ofour food by cheap imports. Stealth taxes whichincrease the cost of production in Ireland are faci-litating the importation of more and moreproduce from third countries, compounding theproblem. As if this was not bad enough, veterin-ary expenses are now 44% more expensive thanthey were ten years ago. The Government seemsintent on squeezing farmers’ pockets even moreby introducing further restrictions allowing onlyveterinary surgeons to issue prescriptions for ani-mal medicines.

For many, the Minister for Agriculture andFood’s interpretation of EU Directive 2004/28,which will implement the new animal medicineregime, is the final straw. According to thedirective, the definition of a veterinary prescrip-tion is any prescription for a veterinary medicinalproduct issued by a professional person who isqualified to do so in accordance with applicablenational law. It is thus the responsibility of eachmember state to designate who is qualified to pre-scribe different medicines. Under the terms of thedirective, it is possible for Ireland to maintain itscurrent system, which is a model for the rest ofEurope and has gained Irish farmers an inter-national reputation as high quality foodproducers.

While the Minister has stated that these newrules will not come into force until 2007, this isnot correct. From the end of this month intram-ammary products will only be available from aveterinary practitioner. This will have a signifi-cant impact on the cost of these vital treatments.Furthermore, the prescription only medicineexempt category, which allows pharmacists andveterinary practitioners to prescribe designatedanimal remedies, will be abolished immediately.This will mean that some treatments such as vac-cines and immunological and non-immunologicalproducts, which had been available without pre-scription, will now only be available from a veter-inary practitioner on prescription. This is decep-tive and contrary to comments which have beenmade to date by the Minister on the regulationand the implementation timeframe.

It should also be pointed out that the prescrip-tion only medicine directive was opposed toothand nail by the Government through two read-ings in the European Parliament and Council ofMinisters. The then Minister for Agriculture andFood, Deputy Walsh, was browbeaten intoaccepting the prescription only medicine directiveas part of a wider compromise package agreed bythe then Minister for Health and Children,Deputy Martin. Under pressure, Deputy Walshagreed to sacrifice our hard won system of veter-inary medicine prescription in the interests of sec-


uring a deal on the human medicines directiveand regulation, which was seen as a priority forthe Italian Presidency.

The same Department of Agriculture and Foodwhich now puts forward these proposals wasvehemently opposed to this directive at the timeof its final sign-off as a last minute achievementof the Italian Presidency. Its about turn on thelikelihood of securing exemptions is both mind-boggling and inexplicable.

The Minister is trying to create a false senseof security by gambling that the Commission willgrant exemptions from the prescription require-ment to all of the products that are currentlyavailable from licensed merchants. Currently,there is no EU-wide definition of a veterinaryprescription and no common procedure for dis-pensing such a prescription. The implications ofthese differing approaches will become clearwhen the Commission’s standing committee con-venes to draft this list of exemptions from theprescription requirement, which has become theDepartment of Agriculture and Food’s HolyGrail.

During negotiations, the only other countrieswho had a similar regime and worries to our ownwere the United Kingdom and the Netherlands.While to a lesser extent Spain and Portugal weresympathetic, the other member states pushed fora strict application of the prescription only medi-cine directive because it was a codification and anendorsement of their existing systems andbecause it is easier and cheaper to obtain a pre-scription in these countries than it is in Ireland. Iunderstand from Avril Doyle MEP’s discussionswith EU colleagues that in their firm opinion, thisapproach is unlikely to succeed, especially in thelight of objections raised in the Council and theEuropean Parliament during the drafting of theveterinary medicines directive in 2003.

However, the Minister has given a vague com-mitment that if she fails to get a satisfactory resulton the proposed exemption list, she will reviewthe situation and will consider redrafting theregulation to allow pharmacists and licensed mer-chants to issue certain limited prescriptions.

This tactic will give rise to serious problems.First, in the unlikely event that we do secure suchexemptions, this list will be closed. New drugsdeveloped in the future will automatically be pre-scription only medicine and must be prescribedby a vet, whether they warrant a prescription ornot. Second, most people with any knowledge ofthe workings of the EU believe it is very unlikelythat Europe will allow a member state to returnwith a watered down proposal, after it has alreadysubmitted a comprehensive and extremely restric-tive law. Third, this revised proposal will be sub-mitted very late in the day, over 12 months aftereach member state is meant to have its law inplace.

Realistically, it will be at least November 2006before any agreement, if there is to be one, willbe in place on the exemption list. This will leaveapproximately four weeks for our Government todraft a new regulation, enact it in the Houses,submit it to Brussels and gain the EU’s approvalbefore the new rules come into effect on 1January 2007.

The most sensible and straightforwardapproach is the reclassification of medicines intodifferent categories of drugs that can be pre-scribed by registered persons qualified and auth-orised to do so by the Irish authorities, includinglicensed merchants and pharmacists. This is theapproach taken by the authorities in the UnitedKingdom. The United Kingdom has designatedvets, pharmacists and licensed merchants to issueprescriptions within the confines of the EUdirective.

If the Minister for Agriculture and Food main-tains her current position, there will be cross-Border distortions of the market in veterinarymedicinal products, which will have a detrimentaleffect on the food chain through the developmentof a black market. A similar legislative approachmust be adopted on both sides of the Border, thusavoiding the development of a cross-Border blackmarket, which is essential for the maintenance ofthe ongoing integrity of veterinary medicinalpractices. The divergent approaches taken onboth sides of the Border will be a serious andsignificant impediment to the goal of developingan all-Ireland animal health regime, which is vitalfor the future promotion of Irish food products.

The Competition Authority has expressedserious reservations regarding the implemen-tation of the EU directive by the Minister forAgriculture and Food in this manner. It believesthe regulation may be anti-competitive and leadto increased costs for farmers. It is estimated theadditional cost to farmers will be in the region of\80 million per annum. The Competition Auth-ority has highlighted the Government’s policy, aslaid down in the White Paper, Regulating Better,that new regulation be introduced only on clearneed. However, there is no evidence of such aneed for the regulation of preventative medicinesand the authority believes putting all farm animalmedicines on a prescription-only basis would bea disproportionate means of addressing publichealth concerns. It goes on to say this new lawwill effectively increase the exclusive profit earn-ing potential of vets and will lead to reducedchoice and increased costs for farmers.

Another key question that the Minister hasignored is where are farmers going to find vets.This is a genuine issue on the tips of farmers’ ton-gues across the country. We all know the growingdifficulty in getting vets. We have already seensignificant problems in places such as countiesMayo and Donegal where it is extremely difficultto gain access to veterinary practitioners. If there


[Mr. Naughten.]

is no local network via the vets to distribute medi-cines, many parts of the country will not be ableto avail of animal remedies. Is it the Minister’sintention to pay vets to provide a service in per-ipheral parts of the country, as is the case withdoctors? This is a critical question. Will sheguarantee the availability of vets throughout thecountry to provide this service?

Another significant barrier to competition willbe the requirement that vets identify a particularbrand on a prescription. In cases where anequally effective substitute exists, this potentiallyallows for the closure of the animal medicinesmarket to new medicines that may not have awidely recognised brand name or where the vetis tied into an arrangement with a particularmanufacturer. This directly contravenes thedirective itself, which specifically and categori-cally states the implementing legislation cannothinder the development of industry or the legit-imate trade in medicinal products.

This type of problem has existed for years inIreland’s medical profession and in order toaddress the problem, the Department of Healthand Children introduced the indicative drug tar-get saving scheme in 1993. Under the scheme, theDepartment incentivises GPs to refrain fromnaming branded products on prescriptions andinstead opt for generic brands because of themassive cost implications involved for the healthservice. To date, in excess of \90 million has beenpaid out nationally to participating doctors by theDepartment under this scheme. The Departmentof Agriculture and Food is now proposing a struc-ture similar to what was in place for human medi-cines prior to 1993, claiming that it will not impacton cost or competition. Of course, the Depart-ment will not need to pick up the bill forincreased costs in this instance as it will be bornedirectly by farmers across the country.

The excuse for introducing such draconianrules is that it will protect public health. TheCompetition Authority has pointed out that theproposed regulation would not provide any sig-nificant benefits to public health. This is sup-ported by a study carried out in Denmark where90% of the incidents of antibiotic resistance inhuman cases was caused by imported non-EUmeats. Obviously, whatever medicines are beingused in third country meats have the potential tosignificantly affect human health. Therefore, ifthe Minister wants to eradicate antibiotic residuesin food and protect public health she, along withher EU counterparts, should focus on theseimports rather than try to make Irish farmers lesscompetitive and thereby promote the consump-tion of further risky food from third countries.They were trying to make scapegoats of Irishfarmers who have clean bills of health and wherethere is no issue in respect of residues. The onlysuch issue highlighted within the European

Union was in Denmark, where it was clearlyshown to be due to imported non-EU meats.

If the Minister wants to do something, sheshould start by addressing the issue of the hugeanomaly in relation to substantial transformation.Sadly, she has not done so to date. She said shehas discussed it with her EU colleagues but shestill has not addressed it or the issue of labellingwithin the catering trade, which is within hercompetency, in order to ensure a watertightsystem is put in place and no allegations are madeagainst Irish food, allegations that are completelyerroneous and doctored due to the fact we havean anomaly within the food labelling regime thatallows for the relabelling and reprocessing offood from third countries to be passed off as Irishfood products.

Two key factors in protecting the food chainare, first, ensuring high levels of animal healthand welfare by encouraging farmers and animalowners to take a preventative approach whereveterinary medicines are concerned. This can bestbe done by enabling them to procure and admin-ister routine management drugs as easily as pos-sible. This avoids the use of antibiotics in the firstinstance and, therefore, avoids residues alto-gether. The second key factor is observance ofthe withdrawal period for each veterinary medi-cine administered. As long as the withdrawalperiod is observed, the maximum residue levelsestablished for each drug will not be present inthe animal at slaughter. Observance of with-drawal periods has absolutely nothing to do withwhether a medicine is prescribed. This will not beaddressed by the proposed regulations. For theMinister to say she is bringing these proposalsforward on the basis of public health is an inac-curacy that should be corrected when she has theopportunity to do so.

If we want to protect public health and the con-sumer, it is imperative we provide farmers, whoare professional keepers of animals, with as muchinformation as possible about preventative care,animal medicines and their withdrawal periods.However, the regulation does the exact opposite.For the first time in legislation, the farmer is notdefined as a professional keeper of animals andthe only information to be provided concerninghow animals should be medically treated is a pre-scription to do so through vets. The farmer is notentitled to have even the most basic informationbut the Department would be very quick to pros-ecute farmers if they did not have their docu-mentation and did not monitor and implementthe withdrawal periods set in place for each ofthese medicines. The Department is asking farm-ers to implement rules and regulations withoutgiving them the basic information they require.

It is essential that farmers are in a position toeasily inform themselves of the various optionsavailable, whether it be through reading specialistfarm press, which should include responsible


advertisements for veterinary medicinal products,or through consultation with animal health pro-fessionals who are qualified to advise them.However, under the proposed regulation, farmerswill not be able to avail of such information,which will be solely confined to veterinary pro-fessionals.

Advertisements for lice and other topical treat-ments will be banned but similar advertisementsfor humans are legal and appear on a daily basis.Since advertisements for animal medicines in theUK media will be legal, will a number of officialsfrom the Department of Agriculture and Food bedeployed to go into every newsagent which sellsthe UK Farmers Weekly magazine to remove theoffending pages carrying advertisements? Is thatthe intention of the Minister? Obviously, censor-ship is still part of the Government psyche.

I am disappointed the Minister tabled anamendment to this fair and reasonable motion.The amendment refers not only to implementingthis directive but also to implementing changeswhich arise from a review of existing nationallegislation. Perhaps that is the reason the Ministerhas tabled these proposals and she is merely usingthe directive as an excuse and a vehicle to do so.

These proposals will significantly increase thecost of medicines to farmers, which will have adirect impact on animal husbandry and the costof food production. I accept that in the case ofsome medicines, veterinarians are the mostappropriate people to write a prescription.However, this should be limited to a restrictednumber of medicines and should not apply acrossthe board. I call on the Minister and her back-bench colleagues, who have stated that they areopposed to this proposal, to use their feet whenthey walk through the lobbies and support thismotion. I commend the motion to the House.

Mr. Connaughton: The introduction next weekof the EU directive and its implementation inIreland is causing great apprehension. The Mini-ster and Government backbenchers are aware ofwhat is involved. Unfortunately I do not haveenough time to discuss all aspects of it, but I wishto put a number of points on the record.

The Government seems to think it can imposenew austere proposals on the farming communitybut a time will come when farmers will not putup with it. Farmers want an animal welfare envir-onment where the best possible attention is givento the health of the livestock in the context ofproducing the healthiest foods for consumers.Every farmer worth his or her salt supports that.

These draft regulations deal with the supply,sale and administration of properly documentedfarm drugs to be administered by competentpeople trying to do a job at several levels. I willreturn to that. No farmer I know, including me,wants to have access to drugs that should be andare within the control of highly trained pro-

fessionals such as vets and chemists. I do not haveany trouble with that. I have lived a lifetime withit and most farmers would not have an issuewith it.

However, it is vital that farmers produce beef,lamb and pigmeat free from drugs and hormonesand that a highly efficient screening procedure isin place to protect the consumer. Reason, balanceand good sense must also come into the equation,and I will explain to the Minister what I mean by“good sense”. I do not want a situation wherebythe everyday animal husbandry products I needto keep my cattle healthy are available only onprescription from my vet. Last Saturday week,when I dosed my calves to prevent hoose, Iexpected to be able to get that dose from my mer-chant chemist or vet. Each year when I dose mycows for worms I expect to be able to purchasethe ordinary run of the mill doses from the sameoutlets with which I have done business for years.

I am lucky because should it happen that oneof my suckler cows gets mastitis on a Saturdayevening, I live beside my vet. However, for thou-sands of people it will not be possible to get a veton a Saturday evening. I would not expect to haveto allow that cow to become poisoned withresulting pain and suffering because I could notget an intramammary to help to solve the prob-lem. I am glad the Minister has returned to hearthat important point.

There is no reason that outlets other than vetscannot supply such products and several othersreferred to by Deputy Naughten that I do nothave time to discuss. The Minister should exam-ine the enormous increase in veterinary feesexperienced by farmers in the past five years.Most farmers’ bills quadrupled during thatperiod. If the merchants, chemists and other out-lets are removed from the equation, it will be alicence to print money. The Minister and theGovernment are softening Irish farmers foranother smack in the face. Next week, she will behiding behind the coat tails of the eurocrats in theEuropean Union.

Mary Coughlan: I never hid behind any man’scoat tails and have no intention of doing so.

Mr. Naughten: The Commissioner is female.

Mary Coughlan: I certainly will not be hidingbehind that.

Mr. Connaughton: We will get another tearfulresponse from the Minister stating she is sorry forwhat happened, that she does not like it but thatshe can do nothing about it. That will be the long-playing record for the next 12 months. Of coursethe Minister can do something about it. Now isthe time for strong leadership and good sense toprevail


[Mr. Connaughton.]

Tonight we give an opportunity to the FiannaFail backbenchers in particular. They travelledthroughout the country during the past 12 monthsand said on local radio and in local newspapersthat they will make certain the Minister willensure no change occurs. I listened to them dayand night. We will soon find out what the changewill be. All I can hope for——

Mary Coughlan: The Deputy certainly will.

Mr. Connaughton: I hope what the Ministerdoes is what the Fianna Fail backbenchers toldIrish farmers. I will be the first to congratulateher.

Mary Coughlan: I will have a great weaknessafter that.

Mr. Connaughton: I will be the first to con-gratulate the Minister if I can treat my farm ani-mals with the products I described next month,next year and during the next five years as I haveduring the past year. That will be the litmus test.

Mr. Coveney: I welcome this motion and thefact that the Minister has made it back fromBrussels to participate. I hope she had a success-ful day and that she made strong statements onwhat the Commissioner for trade, Mr. PeterMandelson, has stated in particular. He has takenon a role to which he has no entitlement. Weshould not allow the French alone to do the dirtywork. I hope the Irish Government makesstrong statements.

This motion is extremely focused and I do notunderstand why the Government has notaccepted it but come forward with an amend-ment. For the non-farming sector, issues sur-rounding the purchase, supply and usage of veter-inary medicines may seem like a trivial matter.For the thousands of farmers throughout Irelandwho keep livestock, this is an issue of majorconcern.

Ireland is required to legislate for Directive2004/28/EC by the end of this month. Thedirective began life dealing with issues surround-ing the supply and sale of medicines for humanuse and the rules surrounding prescription andsupply. It was then extended to the area of animalmedicine. In reality, the system as it stands inIreland is not bad. For the more serious medi-cines used on farms a vet is required to give ananalysis and then a prescription. Farmers can buymany of the lesser medicines and medical treat-ments off the shelf with advice from someone inthe co-op or the pharmacy, as long as the medi-cine is approved.

My understanding of what has been proposedby the Government is that it is intended toimplement the directive in a manner which in

principle would require all veterinary medicinesto have a prescription. We would then seek aderogation of the rules for certain commonlyused medicines so farmers will not have to callout a vet to receive a prescription each time theywant a drug. This approach is both flawed anddangerous. The Government assumes we will geta derogation for the list of commonly used veter-inary medicines to allow their sale without pre-scription. We can put forward a list but thedecision will be made by an expert group ofpeople in a standing committee linked to theCommission. The Irish Government does notmake that decision. We are gambling on the factthat this supposed derogation list will be success-ful. Each EU country has a different system forprescribing veterinary medicines. As it happens,the Irish system is stricter than that of many otherEuropean countries. Introducing a system of pre-scription only veterinary medicine is more diffi-cult and restrictive for Irish farmers than in manyother European countries.

The UK has recognised this problem and comeup with a solution that may be applicable toIreland. A more sensible approach should betaken by Government, as the UK has done. Weshould reclassify medicines into different categor-ies of drugs so that they can be prescribed byregistered persons qualified and authorised to doso by the Irish authorities. This approach isaccepted by the EU.

To achieve the overarching goal of safeguard-ing animal health and welfare through givingfarmers timely, cost-effective and equitableaccess to medicines and animal health advice, thedraft regulations must be amended to shift theemphasis from an excessive reliance on securinga list of exempt products at EU level. This is whatthe UK has done and if we change our tactics itcould result in an all-Ireland approach towardsthe issue. The emphasis should be to reclassifyor re-categorise medicines with a corollary andappropriate training or registration for the rel-evant professionally qualified person, as theGovernment decides, whether it be a pharmacist,merchant or in some cases, a vet. This is abouttaking a sensible approach, because there are sig-nificant implications for farmers across thecountry.

Ms Enright: I thank my colleague, DeputyNaughten, for bringing this matter before theHouse and for giving Members the opportunityto vote on this issue. It is one that may not belaid exclusively at the door of Europe, as is fre-quently the case.

This is an issue of great concern to many farm-ers, particularly in my constituency. I have metindividual farmers as well as the farming organis-ations on this matter. Red tape is already stran-gling Irish farmers. It is the single largest issuethey consistently raise and it is responsible for the


anger and frustration many of them feel. TheMinister for Agriculture and Food fails to realisethe difficulties that this continuous and persistentover-regulation puts in the way of farmers. Thecurrent proposals for prescription only animalremedies are among the most recent of manyexamples of bureaucratic burdens.

I cannot understand why the Minister con-tinues with this proposal as it stands. It is ludi-crous to allow these animal remedies to be avail-able on prescription from vets alone. As DeputyNaughten rightly asked this evening before theMinister arrived, where does she suggest the vetsare going to come from? The nature of veterinarypractice in Ireland has changed considerably, withmany being attracted into small animal practice.As a result a greater concentration of vets will belocated in towns and larger urban areas for thefuture, leading to a shortage in many parts ofrural Ireland. This will result not only in financialhardship for the farmer, but there is real dangerthat it will mean unnecessary suffering for ani-mals as well. I cannot imagine a situation wherethese prescriptions for all veterinary medicineswill be issued without a charge. This will be yetanother financial burden on the farmer.

Under the proposed regulations, there is a sig-nificant onus on the vets to retain records of pre-scriptions for five years. This may well requiremore investment in data and storage technology,with further costs to be passed on.

The Minister for Agriculture and Food is notthe only person with key questions to answer onthis issue. The Progressive Democrats constantlyclaims to be a party that is pro-competition.However, its deafening silence on this issueappears to tell a different story. That party isallowing a situation to develop which is the directopposite of competition and which will affectboth price and availability, despite the clearlyenunciated views of the Competition Authorityon this issue. A direct consequence could be thedevelopment of a black market for animal medi-cines as the only affordable option for some. Thisis not something I condone, but the Minister mustlook at the realities of her decision. If farmers areunable, by reason of cost or accessibility, to getthe medicines needed to treat their animals, it isthe health and welfare of animals that will sufferin the long run.

The existing system, which is strict, has workedwell. Under the cost compliance procedures forthe single farm payment, farmers face extremelytough record keeping standards and theirproduce is subject to rigorous testing under strictfood and feed controls. The Minister shouldaccept that it is the imposition of strict financialsanctions for non-observance of a withdrawalperiod of a drug that will ensure the sanctity ofthe food chain and protect consumers, not thesimple fact that it was prescribed. The Minister iseffectively saying she no longer trusts Irish farm-

ers. She does not see them as the professionalkeepers of animals and insists that the sole pro-vider of information must now be the vet.

In the last three and half years, this Govern-ment has introduced an array of stealth taxes,which have allowed large rises in charges foressential services to the farming community,including VAT, ESB, rising motor costs and evenVHI. The backdoor charges have had a majorimpact on farm families. Neither can one takethese costs in isolation, they must be added to theadditional costs coming down the tracks associ-ated with the single farm payment, implemen-tation of the nitrates and looming phosphatesdirectives and prospective grain proposals. Bytaking the stealth charges, rising fuel, fertiliserand even water charges, one can see the massiverise in import costs. Compare this to the farmers’profits. These have fallen by a quarter during thelifetime of this Government.

I am sure that the Minister does not want to beremembered as introducing the additional coststhat may well be the straw that breaks the camel’sback. I hope she rethinks this issue and has some-thing more positive to offer the House and Irishfarmers this evening. Hoping for a derogationand acting on that basis is a dangerous gamble.

Mr. P. Breen: Like my colleagues, I amdelighted for the opportunity to speak on thisPrivate Members’ motion. Many of my constitu-ents are farmers who have very strong feelingson this issue. I commend my colleagues, DeputiesNaughten and Crawford for tabling this motionin the House.

Under this new EU directive, all veterinarymedicine will become prescription only. Imaginethe chaos in the country if all human medicinesthat can be bought off the shelf in local foodmar-kets, were to become prescription only. This ishappening to animal medicines. This is only adirective, not a regulation. As Deputy Naughtensaid, Britain, Northern Ireland and other EUstates are taking a more liberal approach inallowing suitably qualified persons to issue pre-scriptions, including licensed merchants and phar-macies. Ireland is fast becoming a country ofregulation after regulation. The Government isdriving this new regulation which will destroy thelivelihoods of many farmers, young and old, andin turn drive many people off the land.

When I was growing up in County Clare everyvillage had a butcher shop and small abattoirssupplied them with their produce. Meat wassourced locally and was almost all organic. Theseabattoirs and butchers gave local employmentbut, as a result of over-regulation, they wereremoved from the countryside, just like the corn-crake. Now we do not know where the meat weeat is sourced. Brazilian and Argentinian beef islabelled as Irish, with little regulation or diseasecontrol. We all know about the food and mouth


[Mr. P. Breen.]

epidemic that is currently affecting Brazil. Thesame may be said of poultry products importedfrom Thailand and other countries in the FarEast. I hesitate to even mention the bird ’fluscare.

We have the best beef and lamb in Ireland. Theregulations the Minister proposes will lead to anexplosion in the costs of preventative medicineand a drop in the use of essential medicines. Irishbeef is widely recognised as a high quality prod-uct. The use of antibiotics is strictly monitored.Farmers are committed to these high standardsand the vast majority of them adhere to the with-drawal periods. If they do not they pay dearly,with heavy penalties. This regulation will notimprove farm health. It will have a negative effecton Irish farming. The law is anti-farming and is acharter for the veterinary profession, giving it amonopoly over farm medicines.

We cannot blame the veterinary profession forcreating this situation; it has lobbied as expected.However, the responsibility lies with the Ministerand the Government for allowing this over-rigor-ous interpretation of a directive, which recognisesin its wording the flexibility required for it to beadopted in different jurisdictions within the EU.The Minister for Social and Family Affairs,Deputy Brennan, has acknowledged that “Rip-offIreland” exists. I do not know whether the Mini-ster for Agriculture and Food acknowledges this.However, if her proposed regulations areimplemented, they are a recipe for ripping offIrish farmers and I urge her to withdraw them.They are licence for one sector to print moneyand will add to the competitive pressures onfarmers, lower standards and encourage blackmarket medicines. Vet only prescriptions areexpensive and have rocketed in cost in recenttimes. The same will happen to routine medicinessuch as vaccines, worm and fluke control dosesand mastitis control products. This could add upto \80 million to veterinary costs.

The Fine Gael Party understands howimportant agriculture is for the economy. Thistype of red tape is nonsense and an unnecessaryand costly regulation in an industry that is con-stantly under pressure, with little profitablereward. Ask any farmer who bought cattle thisspringtime if he or she made a profit. The answeris “no”. He or she will lose substantial money onsuch an investment. Live exports trade must bekept alive and factories must give farmers a fairprice for their produce.

I ask the Minister to take on board the FineGael motion. She should listen to the lobbygroups. If she does, she will have served her briefwell. Otherwise, these regulations will add to theGovernment’s considerable reputation in recentweeks for turning the screw on people strugglingto get by, while millions are flittered away on con-sultancy fees and white elephant projects.

Minister for Agriculture and Food (MaryCoughlan): I move amendment No. 1:

To delete all words after “Dail Eireann” andsubstitute the following:

“— notes that the draft regulations relatingto veterinary medicines circulated bythe Department of Agriculture andFood for consultation with the animalremedies consultative committee andstakeholders are designed both toimplement changes arising from areview of existing national legislationand to transpose EU Directive 2004/28into national law;

— agrees that the objective of the newregime should be to put in place a work-able system for the distribution of medi-cines within the parameters of the EUdirective while at the same time protect-ing public and animal health, minimis-ing costs for producers and facilitatingexport trade;

— accepts that the existing nationalprescribing arrangements shouldremain in place pending the adoption atEU level of criteria for exemption ofcertain medicines from the requirementthat all medicines for food producinganimals become prescription only;

— notes the provisions simplify pro-cedures for writing prescriptions andprovide for greater competition in themarket for veterinary medicines;

— notes the undertakings by the Ministerfor Agriculture and Food to review thearrangements for prescribing veterinarymedicines in the light of the outcome ofthe EU decision on the exemptioncriteria with a view to ensuring compe-tition in the marketplace while also pro-tecting public and animal health; and

— accordingly approves the overallapproach being taken by the Ministerfor Agriculture and Food in relation toveterinary medicines.”

The motion proposed for debate this eveningdemonstrates in a stark manner a serious misun-derstanding on the part of its proposers of thedraft regulations which my Department publishedand circulated for consultation on 10 August last.It also fails to take account of public statementswhich I have already made on the draft regu-lations and in reply to parliamentary questions inthe House in which I clearly set out the scope ofthese regulations.

The position is that these regulations are pri-marily designed to transpose EU Directive2004/28, which provides, inter alia, for all veterin-ary medicines for food producing animals to be


made subject to prescriptions. However, thedirective also includes a provision for exemptioncriteria to be adopted at EU level which willprovide a mechanism for certain categories ofmedicines to be exempted from the prescriptionrequirement. The European Union has not yetadopted a decision on the exemption criteria butmust do so before 1 January 2007. Pending thisdecision, existing national prescription and distri-bution arrangements can remain in place.

I have made clear that I intend to avail of theexemption clause to the maximum extent possibleand my Department has made a submission tothe European Commission with a view to retain-ing off prescription in Ireland all products, otherthan intramammaries, containing antibioticswhich currently enjoy this status. Under the draftregulations published by my Department, veter-inary medicines such as wormers and certain vac-cines would continue to be available off prescrip-tion for the time being and, in practice, apartfrom intramammaries, we would retain theessence of our existing national prescription anddistribution regime. In light of this, it would beunwise at this stage to extend the range of per-sons who may be permitted to prescribe.

I have already stated publicly on numerousoccasions that I will review the regulations, inparticular the provisions relating to the categoriesof persons who would be permitted to prescribeveterinary medicines in light of the outcome ofthe exemption criteria, with a view to ensuringcompetition in the marketplace and avoiding theimposition of unnecessary costs on farmers.

Mr. Naughten: It is a pig in a poke.

Mary Coughlan: Full consultation will be heldwith all stakeholders on the matter at that stageand before a final decision is made. If I had notmade these public statements, I could perhapsunderstand the reason the motion was framed inthe terms before us. However, in view of theterms in the draft regulations and the clarificationI have given, the motion is entirely withoutsubstance.

Before I deal with the specific points raised inthe motion, I will set out the background to thedraft regulations which, as I previously indicated,are designed to provide for changes to nationallegislation and the transposition of EU Directive2004/28 into national law this month. My overallobjective in making these regulations is to put inplace a workable system for the distribution ofmedicines within the parameters of the EUdirective which also protects public and animalhealth, facilitates our food export trade and mini-mises costs for producers.

Those elements of the regulations which pro-pose changes to our national legislation stemfrom a comprehensive review undertaken by myDepartment, in consultation with stakeholders

and other interested parties, of the Animal Rem-edies Regulations 1996 which constitute the cur-rent control regime for the sale, supply and use ofveterinary medicines in Ireland. This review tookaccount of operational experience and a numberof important and relevant developments duringthe period since the regulations were adopted.

The perspectives on public health issues of rel-evance to veterinary medicines have developedsignificantly over the past decade and the con-sumer expects effective regulation in food relatedareas. In particular, issues such as concerns aboutantimicrobial resistance have come much more tothe fore. In addition, operational experience ofthe regulations brought to light a number of areaswhere inflexibilities could lead to adverse animalwelfare or failure to follow appropriate vacci-nation practices, the latter potentially leading togreater use of antibiotic treatments. In addition,a number of specific developments which havetaken place since the regulations were firstbrought into force will have had a bearing on thereview. These include improved standards of resi-due testing, better arrangements for animalidentification and improved regulation of the vet-erinary profession.

In light of the review, I propose to make anumber of changes to the regulations, the moreimportant of which are as follows. The legalrequirement on veterinary practitioners to exam-ine animals clinically before prescribing will beremoved, thus according greater weight to pro-fessional judgment regarding diagnosis and pre-scription. At the same time, it is intended toretain the bona fide relationship between prac-titioner and client as the context within whichprescriptions will be issued. A new requirementis being introduced that practitioners must in allcases issue written prescriptions and if the prac-titioner supplies the medicine, he or she mustissue the client with an invoice for supplying theproduct which is distinct from the invoice for theprovision of professional services. The 1996 regu-lations are being amended to remove the excep-tion for intramammaries from the general ruleson antibiotics and decouple intramammaries fromcontrols under poisons legislation. Prescribed vet-erinary medicines may, with certain exceptions,be supplied by licensed merchant outlets withappropriately trained personnel and by pharmac-ies and veterinarians. Such exceptions would, forexample, apply to injectable antibiotics and seda-tives. The “Prescription Only Exempt” categoryfrom the sales categories provided for in the legis-lation will be removed. The Irish MedicinesBoard, IMB, will be designated as the competentauthority for veterinary vaccines in addition to itsexisting role for other medicines. These amend-ments will result in a regime which is more coher-ent, effective and workable and operates in theinterests of both consumers and producers while


[Mary Coughlan.]

continuing to respect the legitimate interests ofother stakeholders.

I wish to comment specifically on the issue ofintramammaries. For many years, Ireland hasbeen virtually on its own in the European Unionin having this category of antibiotic medicineavailable off prescription. The House is no doubtaware of the growing concerns about the growthof antibiotic resistance, particularly over the pastten years. This has led to many influential bodiesat EU and international levels, including theWorld Health Organisation, recommending thatall antibiotic medicines should be subject to pre-scription control. The Irish Medicines Board hasalso recommended that prescription controls beapplied to intramammaries.

In approaching this issue, I fully recognise thatthe milk industry in general was quite successfulin regulating the use of intramammaries underthe existing mechanisms. Nonetheless, the IMB,having examined the position, noted in its reportthat: “allowing the existing situation to continueis not satisfactory and does not conform with cur-rent international scientific opinion on the pru-dent use of antibiotics”. Accordingly, I concurwith the view reached by my predecessor thatthere is no option but to introduce an alternativesystem. In doing so, however, we should retainwhat is best in the existing system. Thus, withappropriate veterinary intervention the milkindustry, with its ready access to relevant data,can continue to be fully involved in this area andfarmers will be able to get reasonable access tonecessary treatments. It is also worth mentioningthe crucial role that veterinary treatments play inmodern food production. Such treatments arealso important for protecting the health and wel-fare of the increasing number of animals kept ascompanion animals and pets. In terms of foodproduction, the innovations in veterinary treat-ments have provided the basis for modern animalproduction systems, leading to the safe and securefood source we now take for granted in this partof the world. Antibacterial treatments are a casein point because without them we simply wouldnot be able to manage current production systemsthat would produce safe food at an economicprice.

As a country which is so dependent on exportmarkets, we must ensure that we maintain ourreputation for safe, wholesome and quality food.This is, in essence, another dimension of our com-petitiveness. To maintain our reputation, I mustensure that any decisions I make at this time willnot in any way undermine our hard won repu-tation on foreign markets. I need only remind theHouse of the capital which was made by competi-tors of problems encountered with hormones andantibiotics some years ago to demonstrate justhow fragile this reputation can be and of the needto ensure that our control regimes enjoy the con-

fidence of both regulators and buyers in over-seas markets.

I wish to make a few remarks on the back-ground to the legislation which we are obliged totranspose into national law by the end of thismonth. The review which led to the new EUregulation was comprehensive and embracedboth the human and veterinary sectors. The mainobjectives of the review were to improve the pro-tection of human health as well as animal healthand welfare and also to improve the competi-tiveness of the EU pharmaceutical industry,particularly with a view to increasing the avail-ability of veterinary medicines in all memberstates.

The only element of the directive which hasreceived any publicity in Ireland is the require-ment that any veterinary medicines must comeunder prescription control. However, thedirective also includes a range of measures whichwill have a positive effect in securing an innov-ative pharmaceutical industry in the EU and alsothe continued availability of an adequate range oftreatments. Some of the measures, especiallythose relating to the mutual recognition and cas-cade regimes, will bring particular benefits tosmall peripheral markets such as Ireland’s.

I now turn to the specific issues referred to inthe motion, many of which are overlapping andexaggerated out of all proportion. As I said earl-ier, they are all based on the false premise thatthe draft regulation will significantly extend therange of veterinary medicines which must be pre-scribed by a veterinary practitioner.

There is no substance to the suggestions thatthe draft regulation will impose unimplementableand unworkable restrictions on farmers, that theyare overly bureaucratic or that they wouldseriously restrict the availability of animal medi-cines. The opposite is the case. The draft regu-lation includes a number of important changes tothe existing rules which are designed to make thearrangements more farmer friendly. Apart fromthose mentioned earlier, I also propose to extendthe life of a prescription from its current periodof validity of 31 days to six months. Takentogether, these proposals are specifically designedto simplify the procedures surrounding theprescribing of veterinary medicines and to reducethe cost of the prescription requirements.

With regard to the additional cost which it hasbeen suggested the draft regulations will imposeon farmers, I would be interested to know howthe framers of the motion arrived at a figure of\80 million. As is the case with the motion gener-ally, this figure is completely unfounded, partic-ularly in the context of the overall value of theveterinary medicines sector, which has been esti-mated by APHA at \96 million in 2004. The onlyadditional cost which the draft regulations mightpossibly impose on farmers arises from the reclas-sification of intramammaries. I already outlined


the changes I am introducing in the prescriptionregime in order to limit the impact of thisdecision, which will be minimal. In particular, theremoval of the requirement on a veterinary prac-titioner to inspect an animal prior to prescribinga medicine is specifically designed to enable pre-scriptions for intramammaries to be written with-out a prior examination. My Department is alsolooking at various suggestions for a more flexibleapproach to prescribing intramammaries, partic-ularly in the context of mastitis control prog-rammes, which I fully accept have made a majorcontribution to the reduction of antibiotic resi-dues in milk.

I am also proposing other changes in the draftregulations to increase competition in the supplyof veterinary medicines with the ultimate objec-tive of reducing costs. For example, I am requir-ing veterinary practitioners to write prescriptionsand to provide a separate invoice to the farmer.These changes will serve the dual purpose ofintroducing transparency into the system and atthe same time permit farmers to shop around forbest value in veterinary medicines. Furthermore,I am proposing to permit, for the first time,licensed merchants to supply certain prescriptionmedicines to encourage increased competitionwith veterinary practitioners and pharmacies.

The Competition Authority expressed certainreservations about the draft regulations.However, the authority was operating under thesame misapprehensions as to the nature of thedraft regulations as the framers of the motionbefore the House. My Department has written tothe Competition Authority to remove those mis-apprehensions. However, I assure the House thatI attach considerable importance to ensuring thatthe regulatory regime encourages competition inthe market for veterinary medicines while at thesame time providing the necessary protections foranimal health and welfare and human health andI will take the views of the authority into accountin the review of my regulations next year.

In view of the limited scope of the draft regu-lations in terms of the additional veterinary medi-cines which will be brought under prescriptioncontrol, there is no basis for the suggestion thatthe draft regulations will discriminate against thecompetitiveness of Irish agriculture. In mostmember states in the EU, apart from the UK, thewriting of prescriptions is generally confined toveterinarians and the information available to myDepartment is that they do not intend to departfrom this practice. Intramammaries have beensubject to prescriptions for some time in theUnited Kingdom and the draft regulation willmerely bring us into line with practice there.

Mr. Naughten: The Minister is not making astrong case for the exemption.

Mary Coughlan: The suggestion that the draftregulations will facilitate the creation of a mon-opoly in the sale of veterinary medicines isequally groundless. Intramammaries are the onlycurrent products which will become prescriptionmedicines as a result of the draft regulations. Iam also introducing other countervailing changesin the existing regulations to encourage a moretransparent and competitive market in veterin-ary medicines.

There is nothing in the draft regulation whichwill hinder good farming practice or have a nega-tive effect on animal welfare. Pending the adop-tion of the exemption criteria at EU level, farm-ers will continue to be able to access veterinarymedicines, with the exception of intramammaries,on the same basis as at present.

On the availability of veterinary practitionersin certain parts of the country, veterinary prac-tices are primarily commercial entities and theirlocation is driven by commercial realities. In sofar as Government involvement is concerned, Idraw attention to measures in the new VeterinaryPractice Act which should help to address anyshortages in Irish trained veterinary practitioners.For the first time, the Veterinary Council is beingenabled to recognise qualifications from appli-cants in third countries generally. This, taken withthe recent enlargement of the EU, should makefor the improved availability of practitioners fromoutside the State to meet any shortfalls in thesupply side. In addition, Udaras na Gaeltachta isproviding funding to subsidise veterinary prac-tices in remote areas.

Much has been said about the impact of thedraft regulations on the possible development ofa cross-Border black market in veterinary medi-cines. It has been suggested, for that reason, thatwe should adopt the same approach as the UnitedKingdom to the implementation of the directive.I remind those who make this suggestion that inthe United Kingdom prescriptions for intramam-maries may be written only by veterinarians andmay only be supplied by veterinarians and phar-macies. Is that the view being proposed? Thesystem which I am proposing for intramammariesis more flexible, particularly in that licensed mer-chants will continue to be permitted to supplythese medicines.

With regard to the suggestion that qualifiedprofessionals, other than veterinary practitioners,should be permitted to write prescriptions, I willconsider that suggestion next year in light of theEU decision on the criteria for exempting certainproducts from the prescription requirement. Thesimple fact of the matter is that there is no needto take a decision to extend the range of pre-scribers until we know what additional medicineswill become subject to prescriptions.

Mr. Naughten: Why is the Minister passing theregulation at the end of the month?


Mary Coughlan: The Deputy does not like tohear the truth. At one extreme, if my Departmentis successful in securing criteria which permit usto retain most of the existing range of medicinesoff›prescription, it may not be necessary toextend the range of prescribers. On the otherhand, if a substantial number of products whichare currently off-prescription become prescrip-tion medicines, I will have to take that situationinto consideration in my decision on the issue.

It would be extremely foolish to provide at thisstage for prescriptions to be written by non-veter-inary practitioners because to do so would necess-arily also oblige me to designate as prescriptiononly some of the medicines which are nowoff›prescription. It is simply not practical toprovide for prescriptions for certain products tobe written by non-veterinary practitioners with-out at the same time identifying those productswhich they would be permitted to prescribe. As Isaid earlier, my Department is seeking to secureexemption status for all existing off-prescriptionmedicines, with the exception of intramammaries.It would undermine our negotiating position if Iwere to re-categorise unilaterally at this stagesome off-prescription medicines as requiring pre-scriptions. My Department’s approach of defer-ring a decision on whether it will be necessary toextend the range of prescribers until the exemp-tion criteria issue is resolved is the best approachto take in these circumstances.

8 o’clock

As far as the exemption criteria are concerned,the European Commission has indicated that itintends to submit its proposals to the standing

veterinary committee early nextyear. We will press the Commissionto honour this commitment because

we recognise the need for an early resolution ofthis matter to enable us to take our decisions onthe prescribing issue well in advance of 1 January2007. My Department intends to engage activelywith the various stakeholders prior to anydecision being made.

With regard to compliance, Directive 2004/28specifies the requirements with which farmers arerequired to comply in terms of record keeping.Specifically, records are required of purchasesand use of medicines. The draft regulations sim-ply give effect to these requirements. The newrequirements on vets to issue written prescrip-tions in all cases will facilitate the farmer in keep-ing this record and the keeping of a computerisedrecord, which is something that has been soughtby farming organisations.

On the issue of advertising, the ban on adver-tising of prescription products to the public wasinserted at the behest of the European Parlia-ment. Therefore, let Deputies take their censor-ship and talk to the man who has just left theHouse. I share the views of the farming organis-ations and others that this is not a particularlysensible provision and that it is unwise to seek to

reduce access by farmers to information on veter-inary medicines, in particular new products. TheCommission has already indicated in writing tomy Department it considers that farmers fallwithin the term “general public”.

Mr. Naughten: It must have written a differentletter to the UK authorities.

Mary Coughlan: However, we have gone backto the Commission pointing out the consequenceswhich could flow from a ban. I have asked theCommissioner to consider a more flexible inter-pretation.

The House will be aware that my Departmenthas sought and received written submissions frommost of the main stakeholders. It also sub-sequently met many of them as part of the consul-tation process. In addition, as required by thelegislation, the animal remedies consultative com-mittee met yesterday to consider the draft regu-lations. Clearly, a number of issues have beenraised with regard to the draft regulations. I willtake final decisions on these issues in light of therecommendations of the consultative committeeas well as other stakeholders.

I am aware of the views that have beenexpressed about the possible impact of the regu-lation on competition in the supply of veterinarymedicines arising in particular from the require-ment in the EU directive that all veterinary medi-cines for food producing animals must be subjectto prescription. However, I have clarified firstthat in so far as the issue of prescribing veterinarymedicines is concerned, the only change arisingfrom the draft regulations is that intramammarieswill be subject to prescription at this stage. I willreview the draft regulations next year in light ofthe decision at EU level on the criteria forexempting veterinary medicines from the pre-scription requirement, specifically with a view totaking decisions on whether it will be necessaryto extend the range of persons permitted to pre-scribe veterinary medicines. I commend theamended motion to the House.

Mr. Naughten: That is a great work of fiction.

Mary Coughlan: The fiction is on the otherside.

Mr. Wilkinson: I am delighted to have theopportunity to speak on this amendment. Irelandhas always been a country with a strong agricul-tural base and this remains the case with our135,000 farm families. While many aspects ofagriculture have changed and evolved, it is still anintegral part of the dynamic economy. Agri-culture and the agri-sector include every regionof the country and are of major national, econ-omic and social importance.


The Irish beef industry is worth \1.4 billion inforeign earnings to the economy annually. Irelandproduced 560,000 tonnes of beef in 2004,exporting 495,000 tonnes and with a domesticconsumption of 86,000 tonnes. With such anexcess of production over consumption, Ireland isthe number one exporter of beef into Europe.Irish companies are major suppliers throughoutEurope and have gained a top class portfolio ofretail accounts there. To put this in context,Ireland’s agrifood sector accounted for 9% ofgross domestic product in 2004. Jobs in the sectoraccounted for 9% of total employment. Exportsof agrifood products accounted for 8.4% of totalexports in 2004, with an estimated value of morethan \7 billion.

In recent years, the focus of the Irish beefindustry has been to broaden and expand itsmarket reach at EU retail level, shifting its orien-tation away from international commoditymarkets into the higher priced internal EUmarketplace. It is encouraging to note that ourbeef exports to the premium continental EUmarkets more than doubled in recent years from72,000 tonnes in 2001 to 174,000 tonnes last year.In 2004, we exported 264,000 tonnes to theUnited Kingdom. This contrasts with thesituation that prevailed during the 1990s when theindustry exported 50% of its products to non-EUmarkets. It is important we protect this market.

The Irish beef industry must continue to buildfurther sustainable market share in continentalEurope. I would expect to see us expanding ourreach to at least 230,000 tonnes within the nexttwo years. This is a major marketing challenge,but it must be tackled to secure the future of theIrish beef industry. It is a task made all the moreurgent by the inevitable increase in beef supplyin Britain in the immediate aftermath of the cess-ation of the over 30 months scheme, scheduledfor the end of this year, as Ireland is currently thedominant import supplier to the UK retail sector.For the future therefore, we must continue toenhance the position and image of Irish beef inthe European marketplace.

In this connection, Bord Bia recently launchedits Irish Beef in Europe autumn campaign. Thispan-European campaign which runs from nowuntil the end of November will see on-pack pro-motions in 8,000 stores across nine countries,stores frequented by some 40 million shoppersevery week. The promotion has been tailoredappropriately for maximum impact in each coun-try. Bord Bia is investing \10 million over threeyears in its European retail marketing initiativeaimed at building sales of Irish beef in Europeansupermarkets and to establish the Irish brandfirmly in the minds of consumers there.

Consumer requirements must be top of theagenda for the beef industry, as well as for theagrifood sector in general. Consumers areentitled to full assurance about the food they eat.

They also want information on the origin of themeat they consume. In respect of beef, we alreadyhave in place a full identification, traceability andlabelling system under comprehensive EU regu-lations. The labelling requirements under thoseregulations extend up to and including retail leveland to the point of delivery into hotels, res-taurants and catering establishments.

The Minister’s priority in this area is to extendthe existing beef labelling laws to require infor-mation on the country of origin of beef to be pro-vided to all consumers in the restaurant andcatering sectors. Specific proposals were put toGovernment at the end of June for a legislativeframework to facilitate this by way of an amend-ment to the Health Act 1947. This will be intro-duced under the Irish Medicines Board(Miscellaneous Provisions) Bill 2005 which willcome before the Oireachtas this session. Theappropriate regulations are being worked on andit is intended to have these cleared at EU levelas soon as possible. When the Act is amendedand the regulations made, country of origin infor-mation will be available to consumers in respectof all beef served in restaurants, hotels and thecatering sector in Ireland on a mandatory basis.

In the meantime, the various representativebodies in the sector, following discussions withthe Department, have agreed in advance of themandatory legal requirement to commend totheir members the introduction on a voluntarybasis of a mechanism for giving consumers ontheir premises information on the country oforigin of beef. I support the Minister’s endeav-ours in this regard. My comments indicate clearlythe need to keep Ireland’s exports clean andgreen, which is the industry’s strongest sellingpoint.

Mr. Browne: Hear, hear.

Dr. Upton: Having listened to the Minister’srobust defence of her position on this issue, I findit difficult to counter-attack on some of the issues.

Mr. Penrose: I will do that.

Dr. Upton: She will be pleased to hear that Iwill be seeking some clarity on certain matters.My colleague, Deputy Penrose, has assured mehe will ask many questions.

Mary Coughlan: He might put in the boot.

Mr. Crawford: He will be entitled to do so.

Dr. Upton: The single most important aspectof the prescribing of animal remedies is the needto assure consumers that the food derived fromanimals which have received such remedies is safeand of good quality. Consumer confidence, whichis a top priority, must not be compromised. It is


[Dr. Upton.]

equally important that the welfare requirementsand health status of animals being treated mustnot be marginalised. As some of my colleagueshave said, the consequences of a long delay inproviding appropriate treatment for an animalneed to be taken into consideration. Our exportmarket must be protected.

The Minister referred to the problems encoun-tered by Ireland when hormones and antibioticswere misused in days gone by. It is fair to say thathormones were never intended to be on prescrip-tion anyway. The question of their being pre-scribed or otherwise by certain people did notarise. It was cowboy territory and highly illegal.It was not a question of who had the right to saywhether the hormones should have been pre-scribed. Many cases found their way into thecourts. It was cowboy territory and did not haveanything to do with prescriptions.

We need to balance the differing needs of thevarious stakeholders. Consumers, who areentitled to safe food, are the most significantstakeholders in the long run. The rights of thefarming community, which can have great diffi-culty in accessing appropriate medicines for ani-mals within a reasonable timeframe and at anacceptable cost, should not be compromised.Many of the Minister’s remarks seem to bereassuring on the surface. I am sure we will picksome holes in her response later in the debate.

As I understand it, the most significant changeproposed in the draft regulations is the require-ment that all veterinary medicines, not just anti-inflammatory medicines and antibiotics, will beupgraded to prescription-only status. It is likelythat vets will have a monopoly on prescriptions,so it seems probable that they will have a mon-opoly on the provision of veterinary products. Iam glad that the Minister has raised her concernswith the Competition Authority. It seems that theinformation which was initially provided appearsto suggest that the change was anti-competitiveand that a monopoly situation was likely toevolve from it.

Questions have been asked about the possi-bility of other interests invading the market. TheMinister spoke about the possible developmentof a black market, which is a likely outcome. It isa difficult aspect of the problem. A black marketwill develop, not for the first time or the last time,if proper means of enforcement are not put inplace. Certain conditions must be put in place toensure that no such scenario evolves.

It has been suggested that people other thanvets be allowed to prescribe animal remedies. Itcould be argued that those who work closely withanimals are in a position to determine the needfor a particular animal remedy. Equally, it couldbe argued that the vet treating the animal underhis or her care is the only person entitled to makea recommendation. I do not think that is necess-

arily the case, however. The concept of herdhealth is an important one. One of the flaws inthese proposals is that vets will have the right toissue prescriptions on the basis of the examin-ations of herds which they will make once a year.Although many things can happen over 12months, I understand that under the proposedregulation vets will not be required to examineherds more often than that. This aspect needs tobe considered.

Some Deputies have raised serious concernsabout the availability of vets. I agree that we needto consider the number of veterinary prac-titioners and surgeons available. Members whorepresent rural constituencies and places like mynative territory of west Clare will be familiar withthe difficulties encountered by people in suchplaces when they try to access vets at certaintimes.

The Minister said that Udaras na Gaeltachtaoffers a subsidy — I heard an interesting spatabout that precise matter on the radio last week— but she did not quite answer the question. Sub-sidies are being considered but they do not rep-resent a solution. There are large gaps in theavailability of veterinary services in some parts ofthe country. I understand that the dearth of vetsmay be caused by lifestyle considerations. It maybe much more attractive for vets to get involvedin small animal practice. As that attitude will notchange, the matter will have to be addressed inan alternative manner.

I am not sure whether the Minister mentionedpharmacists who have a background that allowsthem to make judgments in many cases on thesuitability of particular medicines. I hope we con-tinue to allow them to make such judgments,particularly in consultation with farmers. Weneed to be given a definition of the phrase “suit-ably qualified persons”. As a general principle,such persons should be allowed to write prescrip-tions, bearing human health and animal welfareconsiderations in mind. Farmers are entitled to achoice of supplier and to healthy competition inthe marketplace, which is most important. Thedefinition of “suitability qualified persons” is thekey question in this context.

Changes have been made in the training of vet-erinary surgeons and other associated pro-fessions. Those who study agricultural science atUCD, for example, take courses which are alsotaught to those studying veterinary science. Itshould be possible to accommodate such changesand to ensure that courses appropriate to eachcategory of student take account of the need forprofessional skills in dealing with animal health.The level of training offered to students shouldbe designed to ensure that they are suitably quali-fied to advise on the need for a particular treat-ment. This proposal has been made by a numberof interest groups which have addressed the JointCommittee on Agriculture and Food. Common


courses are taught to students of animal science,food science and veterinary science. We shouldbear in mind that those who practice such pro-fessions share a common understanding of animalwelfare needs, etc.

I understand that the proposed list system, towhich the Minister referred, depends on totalagreement at EU level. It is not a matter for justone EU member state. We need to address thereal risk that the list which is currently acceptedwill become smaller and that a number of the ani-mal remedies which are available without pre-scription will be removed from the list. There aregood commercial reasons for ensuring that phar-macists can write prescriptions. I have mentionedthe lack of veterinary expertise in some parts ofthe country. One is much less likely to encountersuch a lack of expertise among pharmacists.There are good commercial reasons pharmacistscan remain in practice when veterinary prac-titioners are unable to do so or might not want toremain in a particular part of the country whereit can be difficult to deliver the practice.

Food safety, consumer protection, animal wel-fare and economic implications need to be bornein mind when decisions are being taken on theproposed regulations. As Deputy Naughten said,there is a chance that new drugs coming on themarket will be excluded. It is important that wetake action in that regard. This country standsfirmly behind its clean and green image. None ofus wants to do anything that compromises thatimage in any way. We need to ensure fair playfor the farming community, veterinary prac-titioners and other qualified people withoutengaging in any form of compromise that wouldbe detrimental to us.

I do not know whether the Minister, DeputyCoughlan, and the Minister of State, DeputyBrowne, are fans of “The Simpsons”. It is worthnoting the course of action taken by MargeSimpson in the episode in which she discoveredthat the Simpsons’ dog had fleas. Rather thanputting a flea collar on the dog, Santa’s LittleHelper, she put it on her children. Although itwas a novel way of dealing with an animal healthproblem, I would not endorse such a prescriptionfrom a veterinary point of view.

Mr. Browne: Deputy Penrose watches “TheSimpsons”.

Mr. Penrose: The Minister, Deputy Coughlan,said this motion was fatuous and not required.Nevertheless, it was worthwhile to gain clarifica-tion from the Minister on a number of issues. Idid so because I know the Department of Agri-culture and Food officials. I dealt specifically withthe Diseases of Animals Act 2001 and spenthours in the House on it. I was given commit-ments through the Minister by the officials thatthey would consolidate and codify the 1966 Act

with the 2001 Act. That was almost five years agobut nothing has happened.

Mary Coughlan: They are nearly finished.

Mr. Penrose: It has taken five years. Are theythat busy?

Mary Coughlan: They are.

Mr. Penrose: I am surprised to hear thatbecause a lot of work has moved from thatDepartment, given the new system of payments.

What worries me is that one often sees thestamp of bureaucrats in the implementation ofregulations. It is important we, as politicians,ensure that what emerges is practical. It is fine topropose theories but some of the measuresimplemented in the 2001 Act should be scrappedbecause they have served their purpose and it istime to get rid of them. Otherwise, as with theemergency legislation of 1939, it will be reviewedon an ongoing basis and never come to an end. Itis time we faced up to the reality that some of themeasures in place are no longer required. Thereis no longer an emergency. I debated this legis-lation ad nauseam and put forward amendmentsto remove its most draconian aspects. It hasachieved its objective and I would like to seeareas of it revisited. Perhaps some will not likemy saying this but I must do so on behalf of thepeople who elect me.

This matter was debated in 2002 during theperiod in office of the Minister’s predecessor. Imade the point that sometimes we are almost toogood as Europeans. We rush to the headland tomake sure we implement the exact wording ofregulations and transpose them verbatim withouttaking cognisance of particular circumstances. Wecould learn from the French in this regard. Theyare good at making sure that all regulations anddirectives are amended to suit them.

Deputy Upton was the first to call for properlabelling of goods, including not only the countryof origin but the place of origin, whether it beWexford, Waterford or the townland of Kilme-aden. She wanted every ingredient to be on thelabel. I went to the Rungis market in Paris onemorning at 4.30 a.m. I saw lamb and beef fromthe finest place in the country — Kilbeggan —where we know how to produce beef and lamb.The French had little blue and white flags ontheir meat so their consumers would know whatlamb and beef was French. We are such goodEuropeans we are almost terrified of identifyingexactly what is good in this country. We shouldbrand our products to show off our good, greenimage.

The Minister referred to intramammaries. Thatwas an aspect of the bad old days when we werequalifying in agriculture and when perhaps excesswas used. However, there are now somatic cell


[Mr. Penrose.]

counts and other processes in creameries andelsewhere throughout the country. If somebodyslips up, he or she loses a whole container of milk,not just on one day but for the following two daysalso. One would want to be the greatest fool tolet a 400 gallon tank of milk go down the drainthree days in a row. Farmers are as good asguardians of their products as any qualified per-son — I speak as a qualified agriculturist. Theyare as good as anybody else. If they were not,they would be lost and their demise would beaccelerated if they did not deal with this issue ina safe way.

The Minister reassured me with some of thepoints she made. In the early 1970s I qualified atUCD. Some of those I qualified with now practisemedicine and dispensation. They have 30 yearsexperience and are as good as anyone else in thisregard. They should be trusted. I know my localvet, who has enough to do.

It is time the points system for entry to veterin-ary studies was done away with. It is nonsensethat one would need 600 points to become a vet.Some people in rural Ireland would make excel-lent vets and whether they get an A in honoursmathematics has nothing to do with it. One wouldbe better to have a good scientific background. Itis time we examined the curriculum to ensure anadequate supply of vets throughout the country.The system for access to a veterinary degree istoo restrictive and excludes those who have spenttheir lives on farms and know animals, which iswhat it is all about.

Farmers are the greatest custodians of ourproduce. They would be fools if they did anythingto harm their own products or created a difficultyfor the country. That risk is in the past. However,I am concerned that we might place farmers in anunworkable situation. I wrote to the Minister withexamples of this. The situation was so tight I wasafraid the Minister would return to the bad olddays of an unregulated black market.

Mary Coughlan: No.

Mr. Penrose: That is always the danger. TheMinister might say I am mad.

Mary Coughlan: Coming from a Border area, Iunderstand the problem.

Mr. Penrose: The Minister should mind what afool says. Fair access to animal remedies isimportant, as is the reduction of bureaucraticinterference and financial burdens.

My brother raises suckler cows and no-onetakes greater care of animals. He is out until 1a.m. and up at 6 a.m. One would not look after afamily as well. Yet, the bureaucrats and techno-crats in Europe think the like of him are not fitto look after animals. It is time to cry “stop”.

Some might say I am eurosceptic — I am whenI hear of some of the suggestions from the greatbrain boxes of Europe who try to put impedi-ments in the way of growth. There is jealousyinvolved. We are a country rich in natural prod-uct — grass, animals and otherwise — and theywant to put impediments in our way. If a prescrip-tion is issued for a specific branded productrather than an active ingredient, farmers mightnot have the opportunity to purchase from anoutlet. They need to have outlets of their choice.

The Minister should not sign off on any regu-lations before coming back to fools like ourselves.We might know better than the technocrats. Ihave had enough of this racket. In 2001 I receivedan assurance in the House and when I receivesuch an assurance, I take it as the equivalent ofan affidavit from the Minister. I am very annoyed.I told farmers the position as I understood it butthe commitments were not lived up to. I might befooled once but not twice.

What is the position if a vet is not available toissue a prescription for a medicine? I saw a reporton television on the situation in Bangor Erris.What happens when a cow has mastitis, grass tet-any or other diseases? Is the farmer supposed towait until the cow puts her four legs up in theair? Let us get real. What is the advice on thesediseases? These are practical issues. Some mightthink that, as a member of the Labour Party, Iknow nothing about farming; I know a lot morethan many. That is why the people of Westmeathhave faithfully returned me and will again.

Mr. Crawford: The Deputy should watchSenator O’Rourke.

Mr. Penrose: Mary is a grand person.I will speak up on behalf of those people. There

will be many loopholes in these regulations. Atthe first opportunity, somebody will say this is theregulation, this is how it is implemented and tohell with all those excuses from the like of Pen-rose, who knows nothing about it. We knowsomething about it. When this regulation isbrought in — it is only a draft regulation atpresent — I will do what is necessary to ensurethe interpretation given to it reflects the realitieson the ground, not what somebody feels is right.There is too much paternalism in this country andin Europe. It is time to give farmers an oppor-tunity. There is already this racket wherebypeople cannot produce free range eggs which arethe finest eggs in the country. Will we say to farm-ers they cannot produce a drop of milk becausethey do not have a prescription for this particularintramammary? It is time we cried stop to themadness and bureaucracy coming from Europe.

Debate adjourned.

1557 Hospital 18 October 2005. Services 1558

Adjournment Debate.

————

Hospital Services.

Mr. Connolly: This afternoon I raised with theMinister for Health and Children a letter the con-sultants in Cavan and Monaghan sent to manage-ment flagging the difficulties imminent within theservice. I was shocked today when the Ministertold me a bed was available for Pat Joe Walsh inCavan but that it was not made known to staffat Monaghan General Hospital. What makes thismore difficult is the fact this issue was flagged.

I would like to explain the manner in which itwas flagged. The letter sent by the consultantsstated

We, the undersigned consultant surgeonsmet at a joint Department of Surgery of Cavanand Monaghan Hospitals on Thursday 8thSeptember ’05 in Cavan General Hospital andunanimously decided that Monaghan GeneralHospital should go back on call for acute surgi-cal emergencies. This is following an unpre-cedented number ... of patients waiting fortreatment on trolleys in Cavan A&E Depart-ment and we would be grateful if you couldarrange for adequate resources including hiringof theatre nurses in Monaghan GeneralHospital for evening and night duties andmeetings with the regional ambulance controlto ensure there is no delay about Monaghangoing back on call for acute surgical services.

That letter clearly states that there is a majorproblem. All the consultants in Cavan andMonaghan have outlined that the system they areexpected to operate is unsafe, not workable andis costing lives. Worse than that, it will cost livesin the future and it is not a matter of if but whenthese lives will be lost. To date, 16 people havelost their lives in Monaghan General Hospital asa result in the change in services. This requires anurgent remedy.

It brings health care to a whole new dimensionto think surgeons must flag a difficulty. The con-figuration of services devised by the steeringgroup of chief executive officers was brought into ensure safe services. These consultants who areasked to deliver the service are the experts andthey have told us it is not safe and what they areexpected to do is not good. However, we still readabout patients on trolleys in Cavan GeneralHospital. They simply cannot cope with the levelof demand for services in Cavan and Monaghangeneral hospitals.

The letter sent by the consultants was dated 15September, yet no action was taken on foot of it.This is unacceptable. If something had been done,a death such as Pat Joe Walsh’s could have beenavoided. I call on the Health Service Executive totake action.

There is a new six-day accident and emergencyunit at Monaghan General Hospital but resourceshave not been provided to open it fully and tomake it operational. It is state-of-the-art withfacilities to deal with infectious disease and so onin that it has positive-negative air ventilationsystems. We hear there is no lack of resourcesbut management will say it has not been allocatedadditional resources to open and increase the six-day accident and emergency unit at MonaghanGeneral Hospital.

The consultants hit the core of the issue as welland have called for adequate resources, includingthe hiring of theatre nurses. It beggars belief thatthis issue has been ignored. Today I felt the Mini-ster hid behind the fact the steering group reportstated that this is the level of service we shouldhave. In September 2001 the then chief executiveissued what he called a configuration of healthservices. He made numerous attempts to getpeople to agree to and endorse what he con-sidered an adequate service for the hospital. Theconsultants in Cavan and Monaghan have triedthis system for a period but it is not working andis unsafe. Safety was allegedly what drove this.Responsibility lies with the Department. Whensomething is not working, the Minister must takea hands-on approach and demand answers.

Mr. Crawford: I cannot say I welcome theopportunity to speak on this issue because it isone of tragic proportions. I sympathise with theWalsh family on their great loss. I ask theTanaiste and Minister for Health and Children tovisit Monaghan General Hospital. It is a simplerequest so that she can see for herself the excel-lent staff, the brand new theatre and the potentialto save lives which could have been used in thiscase.

The Tanaiste has visited other hospitals and Iam aware that when she sat opposite a few daysago, she said she had got private individuals to goto one of the hospitals near this town to talkabout building a private health sector. Here wehave a brand new theatre, capable staff and facili-ties which could be utilised in the public sectorbut which are underutilised.

I listened with interest and some trepidation tothe Taoiseach. He said the most important issuewas patient safety and that it must come first. Isinsurance the main issue? Since MonaghanGeneral Hospital went off call in 2002, there havebeen 16 deaths. That does not say too much aboutsafety, yet the Taoiseach insisted that he and theMinister for Health and Children must go by theexperts.

Why was Mr. Patrick Walsh transferred, in thefirst instance, from Our Lady of Lourdes Hospitalto Monaghan General Hospital? Is it correct thatthree intensive care beds were vacant on thatThursday in Drogheda? If the protocol intro-duced by the former health board CEO and the

1559 Hospital 18 October 2005. Services 1560

[Mr. Crawford.]

so-called expert group was as good as theTaoiseach said today, why was there not a back-up service in Cavan or why did Drogheda notaccept the patient back? Does the Tanaiste haveany confidence in the management of the healthservice in respect of the hospitals in the north eastand, if not, what will she do about it?

Today I was asked where the Tanaiste was hid-ing and why she could not visit the hospitals inthis area, especially Monaghan General Hospital.Has she met the hospital alliance group or thehospital consultants who, as Deputy Connollysaid, have demanded that Monaghan GeneralHospital be put back on call for emergency sur-gery? Are the Tanaiste and the Taoiseach sug-gesting that the consultants in Cavan andMonaghan general hospitals know less about theneeds of the area and the services they mustprovide than non-medical executives?

The Taoiseach stated that he cannot under-stand what is going on in this part of the country.However, it is no secret that he did not visitMonaghan General Hospital when he visitedCounty Monaghan on Friday last. That wouldhave been an opportunity for him to clarify theissue for himself. He did not meet the electedcouncillors who requested a meeting to deal withthe hospital issue. While I welcome the inquiryinto the death of Mr. Patrick Walsh, more com-mittees or expert groups are not needed forMonaghan General Hospital. As the hospitalalliance committee advised the Taoiseach, if thesurgical nurses were put back on staff for nightpurposes, everything else would be in place.

I welcome the efforts of the steering committeeto bring Monaghan General Hospital back on-callfor medicine, as many lives have been saved sincelast January. However, it is unfair to say, as theTaoiseach did today, that the steering committeewas happy or satisfied with the surgery situationin the hospital. The laws were laid down by thechief executive officer and it had no choice but tosign on the agreement. All surgery consultants inthe Cavan General Hospital are demanding anemergency surgeon be put back. All consultantsin Monaghan General Hospital say the same. Iurge the Tanaiste and the Minister for Health andChildren to listen to the experts on the ground.She must do as she has done on the IT issue andtake control of services at Monaghan GeneralHospital.

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): I thank DeputiesConnolly and Crawford for raising this matter. Ioffer my sincere sympathies, and those of theTanaiste and Minister for Health and Children,to the family of the late Mr. Patrick Walsh, rest inpeace, who died tragically at Monaghan GeneralHospital last Friday.

The Health Service Executive has com-missioned Mr. Patrick Declan Carey, a consultantsurgeon at Belfast City Hospital and an honorarysenior lecturer at Queen’s University Belfast, tocarry out an independent and external review ofthese circumstances. This review will be com-pleted and a report issued within a timeframe ofeight weeks or less. The Tanaiste and Minister forHealth and Children expects the review to answerall questions around this tragic case as a matterof urgent public interest.

It is disturbing to learn, even in advance of thereview, that a fully staffed intensive care bed wasavailable at Cavan General Hospital. It has alsoemerged that a high dependency bed was avail-able at Our Lady of Lourdes Hospital, Drogheda.The position of Beaumont Hospital is being clari-fied by the Health Service Executive.

On the specific questions raised by theDeputies about surgical services at MonaghanGeneral Hospital, the Health Service Executivehas advised the Department that the policyapproach in respect of surgical services across theCavan-Monaghan Hospital Group was set out inthe 2004 report of a steering group establishedby the former North Eastern Health Board. Thegroup was representative of all key stakeholdersand included consultant representation from bothhospital sites in the disciplines of surgery, medi-cine and radiology. The Department is furtheradvised that the members of the group unani-mously approved the recommendations of thesteering group. The executive board of the formerNorth Eastern Health Board accepted thesteering group’s recommendations in late 2004.

The steering group recommended major andemergency surgery should be carried out inCavan General Hospital and that MonaghanGeneral Hospital should provide selective elec-tive surgery. The report’s recommendations tookaccount of advice received from the RoyalCollege of Surgeons in Ireland. In accordancewith the recommendations of the steering group,a full surgical team based in Cavan will provideservices at Monaghan General Hospital in theform of selective elective surgery on a Monday toFriday basis. The Health Service Executive hasalso recently appointed a non-practising lead con-sultant surgeon at the Cavan-Monaghan depart-ment of surgery whose remit is to oversee animplementation plan arising from the college ofsurgeons’ advice on the future configuration ofsurgical services in Cavan and Monaghan.

In accordance with the steering group’s recom-mendations, Monaghan Hospital returned to 24-hour, seven-day medical cover in January 2005. Athird consultant physician has been in post sinceNovember 2004 and five new anaesthetic non-consultant hospital doctors have been recruitedto facilitate the return of the hospital to medicalon-call status.

1561 Rail 18 October 2005. Services 1562

The arrangements outlined are being put inplace by the Health Service Executive. They aredesigned to enhance the overall level of surgicalservices across the Cavan-Monaghan HospitalGroup. The Tanaiste will give her considerationto Deputy Crawford’s invitation to visitMonaghan.

Mr. Connolly: I wish to ask one question.

An Leas-Cheann Comhairle: I call on DeputyConnaughton. He has five minutes.

Mr. Connolly: I need to ask one question.

An Leas-Cheann Comhairle: There is no pro-vision in Standing Orders for questions at thispoint.

Mr. Connolly: The Minister of State refers to areport in 2004. However, our consultant surgeonssay publically that this arrangement is not work-ing. This situation needs to be re-examined.

Dr. Cowley: Hear, hear.

An Leas-Cheann Comhairle: I call on DeputyConnaughton.

Rail Services.

Mr. Connaughton: The case for the western railcorridor has been well made. All the signs of apoorly designed transport system are visible tohard-pressed motorists trying to negotiate theirway into and out of their workplaces in every cityand provincial town every day of the week, everyweek of the year. The sharp increase in carownership is destined to continue and, irrespec-tive of what happens in the road building prog-ramme, nobody expects roads alone to solvetraffic problems.

To achieve viable regional and spatial develop-ment, few projects could bring as much economic,social, cultural and environmental benefit to thearea stretching from Cork to Limerick to Sligo asthe western rail corridor. The western rail corri-dor committee has applied the litmus test underseveral headings to the project and on all frontsit passes the evaluation with flying colours.

Most members of the public do not realise thedaily traffic flow at Kinnegad, County West-meath, where the Sligo traffic joins up on theGalway route to Dublin, amounts to 21,599 aver-age daily journeys. However, 120 miles west atClaregalway, near Galway city, this figure jumpsto an astonishing 30,000 journeys under thesame measurement.

The potential service area for the western railcorridor includes the Sligo gateway, Knock Inter-national Airport, the Knock Shrine, large scaleindustrial development, including that at Oran-more and Athenry with up to 5,000 new skilled

jobs planned, the Galway gateway, includingGalway Airport, linked to Shannon Airport andthe Limerick gateway. We do not even knowwhat the area will get out of decentralisation, ifanything.

Can one imagine the importance of a rail linkrunning down as the backbone of the entireBMW area when planning new housing estates?For the west, it would be similar to a Luas typetrain service, with the same effect on the lives ofthe people of the west as the Luas now has onthe lives of many people in Dublin.

International consultants, Faber Maunsell,commissioned by Iarnrod Eireann, estimated thatthe cost of opening the line would be \366 mil-lion, which compares favourably with the stra-tegic rail review figure of \310 million using 2002prices. In the language of the Minister forCommunications, Marine and Natural Resources,Deputy Noel Dempsey, where \150 million issmall beer, this amounts to two beers. For theprice of two beers, we could have a new railwayline.

An appraisal of the benefits of the corridor wasconducted by a sub-group under the direction ofthe Rail Procurement Agency. It addressed sus-tainable regional development, accessibility andsocial inclusion, interregional economy, envir-onment and quality of life, implementation,efficiency, stake holder and public support andfreight and commercial operation. Out of 36 par-ameters, 33 were found to be either beneficial orstrongly beneficial. The investigation showed itwas beneficial on 16 counts, strongly beneficial on15 counts, neutral in one instance and negativeon only two counts. One negative was in regardto the need for multiple handling of certain con-signments of rail freight and the other concernedthe possibility of some objections to the redevel-opment from adjacent landlords.

Another group looked at the demand for railtravel. Research was carried out on the take-up ifan efficient train service at an affordable pricewas introduced. It suggested the bus and roadtraffic volumes on the Sligo-Claremorris road, 2.5million passenger journeys per annum, with 3.5million extra between Claremorris and LoughGeorge and a further 6 million between LoughGeorge and Galway, represent a pool of 12 mil-lion current passenger journeys from which todraw rail passengers. It is estimated the railwayenjoys approximately 10% market share of thetraffic on the Athlone bypass annually. It isreasonable to believe this type of market sharecould be taken off the road and onto the trainsunder similar circumstances.

The Government has given an undertaking onseveral occasions that it would approve the west-ern rail corridor. Several Ministers and severalcommissions later, there is still no approval. Theleast the Government can do, given it has decidedto put a new railway line from Dublin to Kildare,

1563 School 18 October 2005. Transport 1564

[Mr. Connaughton.]

announced last week, is to approve the resto-ration of the western rail corridor forthwith.

Mr. T. O’Malley: The western rail corridor isthe name given to a proposed rail link that wouldconnect Sligo, Galway, Limerick and Cork. Thecorridor was one of more than 150 proposalsevaluated as part of the strategic rail reviewwhich was undertaken on behalf of the Depart-ment of Transport and published in 2003. It wasnot included in the review’s recommended invest-ment strategy because, among other things, it wasnot supported by complementary land use andsettlement strategies at that time. The Ministerfor Transport has stated before that such stra-tegies are essential for the viability of any publictransport project because they provide the basisfor the travel demand that would justify the levelof capital investment, put at approximately \400million in current terms.

The western rail corridor was, however, iden-tified by the review as fitting particularly wellwith the aims of the national spatial strategy,particularly in terms of balanced regionaldevelopment. To explore fully the issues sur-rounding the development of this corridor and toallow an opportunity for all aspects of the pro-posal to be examined, the then Minister forTransport established a working group in 2004.This group, chaired by Mr. Pat McCann, groupchief executive of Jurys Doyle hotel group, pro-vided a forum for the proponents of the westernrail corridor to put their case to the chairman ofthe group, as well as to Iarnrod Eireann, CIE andthe Department of Transport. The working groupmet in plenary session on four occasions after itsestablishment. The group and its sub-groups havenow concluded their deliberations and the chair-man of the working group delivered his report tothe Minister for Transport on 10 May last.

The chairman’s report identifies five mainsections of the proposed western rail corridor andproposes that much of it be restored on a phasedbasis subject to various conditions and reser-vations. The report recommends that a line sur-vey be carried out on the Athenry to Ennissection with a view to re-opening it in the shortterm. This would provide direct rail links betweenGalway, Limerick, Waterford and Cork andimplement one of the main national spatialstrategy objectives of creating greater linkagesbetween these four cities. While the Athenry toGalway section is not strictly part of the westernrail corridor, the report recommends thatimprovements on this section would be necessaryfor Galway-Limerick services to become a reality.The report suggests that a commuter rail servicebetween Athenry and Galway could also bedeveloped relatively quickly and inexpensively.

According to the report’s recommendations,the next section to be considered for restoration

should be the Tuam to Athenry section. It notesthat the introduction of a rail service betweenTuam and Galway city would serve to strengthenlinkages and advance the objectives of thenational spatial strategy for the region. Restoringthis section would also provide connections toDublin-Galway intercity train services and the cit-ies and towns to the south via the Athenry-Ennissection. The report concludes that in the shortterm a commuter service to Galway should beintroduced.

The report notes that the restoration of the linefrom Tuam to Claremorris would link up thewestern rail corridor with the Castlebar to West-port and Ballina lines and thereby link theseMayo hub-towns with Galway and the cities inMunster. The development of rail freight couldalso make this section more viable and the reporttherefore recommends that a thorough study toquantify the potential for rail freight in the regionbe initiated.

The section from Claremorris to Collooneywould be by far the most expensive to restore,accounting for 54% of the restoration costs of theentire line. As things stand, the report finds thatthe case for its restoration is weak. This sectionis characterised by low population densities withfew towns of reasonable size. However, thereport acknowledges that restoration of thissection would connect, by rail, the Sligo gatewaywith the other gateways and hubs on the westernand southern seaboards. For this reason, itrecommends that the section should be preservedin its entirety, that Mayo, Roscommon and Sligocounty councils should make the necessaryarrangements as soon as possible and that theviability of restoring this section should bereviewed in three years to see whether the objec-tive conditions for line restoration have changed.

The report also recommends that an imple-mentation group be established to oversee theimplementation of the report. The full report isavailable on the Department of Transport’swebsite.

Upon receipt of Mr. McCann’s report, theMinister for Transport requested his officials toexamine the content to ensure that it is fullyappraised in advance of the final preparation ofthe multi›annual capital investment frameworkfor transport, as it is in that context that decisionswill be made on the future of the western railcorridor. I understand that the framework isbeing finalised at present and the Ministerexpects to be in a position to bring his proposalsto Government shortly.

School Transport.

Mr. J. O’Keeffe: I wish to raise the denial ofschool transport for 26 pupils from the Dunbea-con area of west Cork to Schull communitycollege. This year marks the re-establishment of

1565 School 18 October 2005. Transport 1566

an historic injustice perpetrated by the Govern-ment against the parents from the Dunbeacon-Goleen area in west Cork and their children whoattend Schull community college. No schooltransport is being provided this year for the 26pupils who live four or five miles from and attendthat school. An excuse has been given that thearrangement for school transport made last yearby the school with the support of the CountyCork Vocational Education Committee wasexceptional pending a longer-term solution. Theonly solution offered by the Government thisyear is to leave them to their own devices andreturn them to school transport limbo.

Another excuse that will be offered by theMinister of State is that the pupils in questionreside within the Bantry catchment area. This isnot correct and I will explain why. I raised thisissue in the Dail some years ago with the formerMinister for Education and Science, under Ques-tion No. 799 of 6 November 2001. In the reply Idiscovered that the catchment boundaries wereestablished in the late 1960s in the context of thefree education scheme. There were no specificregulations accompanying the determination ofcatchment areas. Effectively, parish boundariesdetermined them and revision would take placeas the need arose. At that time the catchmentboundary extended along the Mizen peninsulabetween Bantry and Skibbereen. Schull com-munity college did not exist at that time. It wasnot built until 20 years later and the new catch-ment boundary between Schull and Bantry wasnever established.

It was parents such as those from the Dunbea-con area who campaigned for the school in Schulland naturally sent their children there. Whywould they not? It is only four or five miles away.They lived in the same parish, which the Ministerof State defines as a relevant consideration. Theyhad been to a primary school in the same parishand had been going there since the local primaryschool in Dunbeacon had closed. A new catch-ment area boundary was established betweenSkibbereen and Schull, including provision of acommon catchment area east of Ballydehob, butno catchment boundary was agreed or establishedbetween Bantry and Schull. No school transportwas provided until the temporary arrangementlast year.

The Minister of State will say that the pupilsfrom the Dunbeacon area reside in the Bantrycatchment area and are fully eligible for transportto that post-primary centre only. I challenge thatassertion; it is not correct. Apart from the ludi-crous fact that the distance involved varies fromten to 15 miles, no school bus service is, has beenor ever will be provided to Bantry from that area.County Cork VEC came up with a proposal lastyear and this year it is blocked because of stupidand ridiculous Civil Service gobbledygook thatstates it encroaches into the Bantry area. No

boundary was ever agreed. There were no specificregulations. There should have been a revision onaccount of the new school but it never took place.

All that is needed now is the political will toget rid of this anachronism. If the Governmentcontinues to fail the parents and the pupils fromthe Dunbeacon area, a number of consequenceswill follow. They will be left in limbo as far asschool transport goes. No transport will be pro-vided to Bantry and transport will be refused toa school that they, their sisters and brothers andsome of their parents went to since Schull com-munity college was established. The cost isupwards of \1,000 per child. That is the penaltybeing placed on these parents. A private bus hadbeen arranged by the parents in the past, but itclearly fell by the wayside with the temporaryarrangement last year. These people are now leftin limbo, with many informal arrangements forgetting to school. Some parents drive in and outtwice a day. Another issue that concerns me areinformal arrangements where pupils themselvesare driving to school and bringing colleagues.

9 o’clock

Does the Minister of State know this area?Travelling in Mount Gabriel involves going overmountainous roads in rural Ireland. Does the

Minister of State realise what couldarise if an accident occurred involv-ing those inexperienced drivers? If

that happens, this Government will bear theresponsibility, as it will be the consequence ofwhat the Government is forcing these people todo. There is also the consequences of the disad-vantage that these pupils are at with regard toeducation and points attainment in the competi-tive world of the Leaving Certificate.

Let us have an end to the Dunbeacon edu-cational anachronism. It can be done and aboundary or common catchment area, or both,should be created. We should move on this issuenow and if a political will is there it can be done.If such a will is not there, the Government willbear complete responsibility for the con-sequences.

Minister of State at the Department of Edu-cation and Science (Miss de Valera): I thankDeputy Jim O’Keeffe for raising the matter onthe Adjournment as it gives me the opportunityto outline to the House my position regardingschool transport in respect of pupils from theDunbeacon area travelling to Schull communitycollege in County Cork.

By way of general comment, I should explainthat one of the main objects of the school trans-port scheme is to provide a basic level of servicefor children who live long distances from schoolsand who might otherwise experience difficulty inattending regularly. There are approximately135,000 primary and post›primary pupils usingthe school transport scheme on a regular basis.At post-primary level the country is divided into

1567 The 18 October 2005. Adjournment 1568

[Miss de Valera.]

catchment areas, with each catchment area hav-ing a post-primary centre. A pupil is eligible fortransport if he or she resides 4.8 kilometres, threemiles, or more from the post-primary centre inthe catchment area in which they live. A schooltransport service will usually be established ifthere are at least seven pupils residing in a dis-tinct locality. If it is not economically viable toestablish a service, the parent of an eligible pupilmay be paid a remote area grant to assist with thecost of making private transport arrangements.The maximum grant payable is \5.10 per daybased on distance.

School transport services are operated by BusEireann on behalf of my Department.

Mr. J. O’Keeffe: The Minister of State shoulddeal with the issues.

Miss de Valera: At second level, the chiefexecutive officers of the vocational educationcommittees assist Bus Eireann by acting as trans-port liaison officers. Post-primary pupils who areeligible for school transport to the post-primarycentre in their own catchment area may some-times elect to attend a post-primary centre in adifferent catchment area to the one in which theyreside. In such circumstances, these pupils mayapply for school transport to the post-primarycentre they have chosen to attend. However, suchpupils will only be offered transport if there are

spare seats available on the relevant bus after alleligible pupils have been accommodated.

Mr. J. O’Keeffe: The Minister of State shoulddeal with the issues. This is ridiculous rubbish.

Miss de Valera: Such pupils are referred to ascatchment boundary pupils. Pupils from the Dun-beacon area reside in the Bantry catchment area.

Mr. J. O’Keeffe: This is not so, as I pointedout. The Minister of State should deal with thepoints raised.

Miss de Valera: These pupils are fully eligiblefor transport to the Bantry post-primary centre. Imust point out, however, that under the schooltransport scheme these pupils are not eligible fortransport to Schull community college.

Mr. J. O’Keeffe: They should be eligible.

Miss de Valera: They may apply, in the normalway, for catchment boundary transport to thatcollege. It may be of interest to the Deputy thatI understand that approaches have been made bythe transport liaison officer from Cork VEC toinitiate discussion on a common catchment areabetween Bantry and Schull schools. Theseapproaches have been rejected at local level.

Mr. J. O’Keeffe: That is a pathetic response.

The Dail adjourned at 9.05 p.m. until 10.30 a.m.on Wednesday, 19 October 2005.

1569 Questions— 18 October 2005. Written Answers 1570

Written Answers.

————

The following are questions tabled by Membersfor written response and the ministerial replies

received from the Department. [Unrevised].

Questions Nos. 1 to 13, inclusive, answeredorally.

Questions Nos. 14 to 91, inclusive, resubmitted.

Questions Nos. 92 to 98, inclusive, answeredorally.

Care of the Elderly.

99. Mr. Hogan asked the Tanaiste and Ministerfor Health and Children her plans for improvingcommunity services for the elderly; and if she willmake a statement on the matter. [28917/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): I see as a prioritysupporting people to stay in their own homes andcommunities and moving away from the practiceof placing people in residential care as a firstoption. This is the express wish of the majority ofour older people.

The Mercer report on the future financing oflong-term care in Ireland, which was com-missioned by the Department of Social andFamily Affairs, examined all issues surroundingthe financing of long-term care. Following thepublication of this report, a working groupchaired by the Department of the Taoiseach andcomprising senior officials from the Departmentsof Finance, Health and Children and Social andFamily Affairs, has been established.

The objective of this group is to identify thepolicy options for a financially sustainable systemof long-term care, including improvements incommunity care, taking account of the Mercerreport, the views of the consultation that wasundertaken on that report and the review of thenursing home subvention scheme by ProfessorEamon O’Shea. This group will report to me andto the Minister for Social and Family Affairs,Deputy Brennan, shortly.


100. Mr. Perry asked the Tanaiste and Ministerfor Health and Children if the waiting times forprocedures under the national treatment pur-chase fund is three months; and if she will makea statement on the matter. [28938/05]

Tanaiste and Minister for Health and Children(Ms Harney): The national treatment purchasefund has reported that, in most instances, anyonewaiting more than three months for a routine sur-

gical procedure will be facilitated by the fund. Apatient may contact the fund directly themselvesor through their general practitioner, hospital orconsultant to have their treatment arranged. Thefund has pointed out, however, that in certaincases, for reasons of clinical or patient com-plexity, it may not be possible for the fund toarrange treatment immediately.

Up to the end of September over 35,000patients have had treatment arranged for them bythe national treatment purchase fund. The fundhas made significant progress in reducing waitingtimes for patients.

I launched the NTPF new patient treatmentregister, PTR, in early September. The PTR isa new national database of patients waiting foradmission to hospital for treatment. The registerwill allow for more accurate identification ofwaiting lists and, more importantly, waiting times.The first phase of the register was implementedin September 2005. Phase 1 of the projectincludes data from seven hospitals which, underthe previous waiting list system, accounted forapproximately 40% of the total number ofpatients waiting nationally. The published datafor the seven hospitals showed that patients arewaiting between two to four months for theiroperation for 17 out of the 20 most common sur-gical procedures.

101. Mr. G. Murphy asked the Tanaiste andMinister for Health and Children the way inwhich 83% of hip replacements were done in apublic hospital under the national treatment pur-chase fund, which was established to carry outprocedures that could not be carried out in thepublic sector to be carried out in the private sec-tor; and if she will make a statement on thematter. [28934/05]

Tanaiste and Minister for Health and Children(Ms Harney): The national treatment purchasefund, NTPF, was established as one of the keyactions for dealing with public hospital waitinglists arising from the 2001 health strategy. Thestrategy envisaged that the NTPF might make useof any capacity within public hospitals to arrangetreatment for public patients. It was recognisedthat during the start-up phase of the fund, the useof public capacity could account for 30% of totalNTPF activity, once public core service plannedactivity was not compromised. The Departmenthas recently advised NTPF that use by the fundof public facilities should be limited to 10% of itstotal referrals for treatment.

The majority of elective orthopaedic surgery,including hip replacements, takes place in publicelective orthopaedic facilities which do notprovide accident and emergency services. Aselective activity in these hospitals does not takeplace 24 hours per day and seven days a week,using theatres and beds outside of normal work-


[Ms Harney.]

ing hours is one way of creating extra electivecapacity in the public system. Allowing publichospitals to undertake work under the NTPFinitiative also incentivises hospitals to performextra work and to treat more patients over andabove core funded activity. This activity is carriedout often by staff working overtime, who come inat weekends or who extend theatre time onoccasions.

Other situations that compelled the use ofpublic or “in-house” capacity were cases where,for reasons of clinical or patient complexity, itwas clearly best practice to have certain patientstreated by their own consultant in the hospitalwhere they were on the waiting list. Not to haveused this facility would have effectively barredthis cohort of patients from accessing the NTPFscheme.

Child Care Services.

102. Caoimhghın O Caolain asked the Tanaisteand Minister for Health and Children if she hasreceived the report of the National Economic andSocial Forum on early childhood care and edu-cation; and if she will make a statement on thematter. [26488/05]

Minister of State at the Department of Healthand Children (Mr. B. Lenihan): The NationalEconomic and Social Forum, NESF, report onearly childhood care and education was presentedto the Government on 20 September 2005. TheGovernment welcomes the publication of thisreport, which focuses on developing a long-termvision for the provision of integrated early yearsservices for children from birth to six years of age.

The NESF has a mandate from Government tomonitor and analyse measures and programmesconcerned with achieving equality and socialinclusion and to facilitate dialogue and discussionon these issues. The Government is committed tocontinuing to develop relevant policies to supportchild care and early education and the NESF pro-vides a vital forum for discussion and debate bypoliticians and many interest groupings in oursociety. The report provides a welcome and valu-able input into policy development in the futurein this area.

A high level working group on early childhoodcare and education was established by theCabinet committee on children to consider theseimportant issues. The terms of reference of thegroup, chaired by the National Children’s Office,were “to recommend an integrated nationalpolicy on child care and early education whichwill result in improved co-ordination at nationaland local level and which incorporates a childcentred approach to service delivery.” TheGovernment asked the high level group on earlychildhood care and education to consider the

recommendations of the NESF report as part ofits deliberations. The NESF report has contrib-uted to the preparation of an options paper pre-pared by the group for the Cabinet committee onchildren earlier this month and which is currentlyunder consideration.

Hospital Services.

103. Caoimhghın O Caolain asked the Tanaisteand Minister for Health and Children if she willreport on the progress to date in 2005 on deliveryof the commitments made on 29 September 2004,regarding the development of Monaghan GeneralHospital; and if she will make a statement on thematter. [28889/05]

Tanaiste and Minister for Health and Children(Ms Harney): I wish to offer my deepest sympa-thies to the family of the late Mr. Patrick Walsh,RIP, who died tragically at Monaghan GeneralHospital last Friday. This should not have hap-pened. I have now been informed that there wasan intensive care bed vacant in Cavan GeneralHospital when Mr. Walsh needed to be trans-ferred. The circumstances surrounding thistragedy require thorough investigation.

Mr. Patrick Declan Carey, a consultant surgeonat Belfast City Hospital, and an honorary seniorlecturer at Queens University, will carry out anindependent and external review of the circum-stances surrounding Mr. Walsh’s death. Thisreview will be completed and a report issuedwithin an eight week timeframe. I look forwardto this review answering all the questions aroundthis tragic case as a matter of urgent publicinterest.

With regard to the Deputy’s specific question,the current position regarding services atMonaghan General Hospital is as follows.Monaghan General Hospital went back on callfor medical emergencies in January 2005 and fiveNCHDs were recruited to facilitate the return ofthe hospital to medical on-call. A larger treat-ment room is to be opened on a 24 hour, sevenday basis. A capital grant of \750,000 was pro-vided to upgrade the treatment room facilities atthe hospital. Construction work commenced inOctober 2004 and was completed recently. Thedevelopment consists of a two bay resuscitationfacility, two clinical examination rooms and twominor injuries rooms with associated ancillaryaccommodation. The HSE has advised that it iscurrently working to ensure that this expandedfacility is available as soon as possible. In thisregard, the executive will be working with all rel-evant stakeholders regarding referral protocols.

With regard to provision of a CT scanner, aregional procurement group has been set upwithin the HSE north eastern area to examine theprovision of CT services within the north east andit is expected to issue its report in the near future.


Three surgical posts are to be provided for thejoint department of surgery, Cavan-Monaghan.Interviews were held for these posts and contractshave been issued to the three successful candi-dates. Selective elective surgery is being providedat Monaghan General Hospital consistent withthe recommendations of the steering groupreport on the joint department of surgery. Thescope of this service is expected to increase whenthe full surgical team is in place.

Compensation Schemes.

104. Mr. Kenny asked the Tanaiste and Mini-ster for Health and Children her plans to bring ina no fault compensation for babies who are braindamaged at birth; and if she will make a state-ment on the matter. [28921/05]

Tanaiste and Minister for Health and Children(Ms Harney): A group was established in 2001 bymy predecessor to examine, among other issues,the feasibility of introducing a “no fault” compen-sation scheme for infants who sustain braindamage at, or close to, the time of birth.

Two main reasons were advanced for the estab-lishment of the group. First, there existed a bodyof opinion which believed that the conventionaltort system was not best suited to establishing thereasons why some infants suffered brain damagebefore, or during, birth. Uncertainty about theprecise cause of the resulting disability wasbelieved to give rise to inconsistencies in the mak-ing of awards by the courts. Second, the increas-ing size of awards made by the courts to braindamaged infants was leading to unsustainableincreases in the cost of public liability insurancefor health boards and hospitals with maternityunits and to similar increases in the cost of pro-fessional indemnity cover for consultant obste-tricians.

The group was chaired by Dr. Peter McKennawho was then master of the Rotunda Hospital.It included representatives of the Department ofHealth and Children, the Department of Finance,the Attorney General’s office, the Institute ofObstetricians and Gynaecologists, the Faculty ofPaediatrics, the Incorporated Law Society, theBar Council of Ireland, an academic expert onmedico-legal issues and representatives of Justiceand Equality for Brain Injured Babies. The groupundertook an intensive work programme over thefollowing two years. At an advanced stage in itsactivities in early 2003 it had to suspend its workdue to hospital consultants’ withdrawal of co-operation with ministerial working groups as partof the consultants’ opposition to the introductionof the clinical indemnity scheme. The group hasnot met since that time.

In the interim, advice received from theAttorney General about another proposed nofault compensation scheme has raised a number

of constitutional issues which throws doubt on thefeasibility of establishing such schemes in Ireland.I am conscious of the huge amount of work whichDr. McKenna and his colleagues on the groupinvested in this exercise and I hope to meet himin the next few weeks to discuss how the group’sanalysis and conclusions to date might be madeuse of by my own Department and otherinterested agencies.

The introduction of the clinical indemnityscheme has removed the need for health boardsand hospitals to purchase public liabilityinsurance cover for clinical negligence claims.The Government has put in place arrangementswhich effectively cap the amount of professionalindemnity cover which consultant obstetricians inprivate practice need to purchase at \500,000 forany one claim with a further aggregate cap of \1.5million per consultant in any one year. These pro-visions have removed the threat which spirallinginsurance costs had posed to the availability ofmaternity services.

Consultancy Contracts.

105. Mr. S. Ryan asked the Tanaiste and Mini-ster for Health and Children the number of con-tracts awarded by her to outside consultants inrespect of each year since 2000; the recipient ofthe contract in each case; the work covered bythe contract; the original estimate of the cost ofthe contract; the final amount paid in respect ofeach such contract; and if she will make a state-ment on the matter. [28780/05]

Tanaiste and Minister for Health and Children(Ms Harney): The information requested by theDeputy is currently being collated within myDepartment and will be made available shortly.

My Department applies stringent controls onthe employment of external consultancy assist-ance. A business case must be prepared to sup-port the need for the consultancy and approvedat either principal officer or MAC level as appro-priate. Funding to support the procurement,which can be project specific or from within theDepartment’s administrative budget, must beidentified and approved before any commitmentis made. The procurement of all consultanciesmust comply with public procurement law, whichcovers such items as European rules, and alsomust comply with national guidelines. Onceawarded, the procurement contract must then bemanaged in accordance with the Department’sbest practice protocols.

Deputies will also be aware that, in addition tomeasures to ensure the appropriate use of con-sultancy assistance across the Civil Service asannounced by the Government last week, I haverecently introduced measures within my ownDepartment to ensure that all such contractsreceive my approval.


Computerisation Programme.

106. Ms O. Mitchell asked the Tanaiste andMinister for Health and Children if all infor-mation technology projects undertaken by herDepartment and national information technologyprojects of the Health Service Executive are run-ning on time and on budget; and if she will makea statement on the matter. [28931/05]

183. Mr. G. Mitchell asked the Tanaiste andMinister for Health and Children if she willprovide a list of all national information tech-nology projects that are currently underway inthe health services; and if she will make a state-ment on the matter. [28930/05]

210. Ms O. Mitchell asked the Tanaiste andMinister for Health and Children the breakdownof all national information technology projects

HSE projects currently underway

Project Objective On Time On Budget

CIDR Project To provide a single National Yes Yesreference database for PublicHealth Management of infectiousdiseases.

Dental System One single National Dental System Yes, based on revised Yesimplementation plan

FISP Deliver enhanced performance Paused Yesmeasurement and financialaccountability in the Irish HealthService.

Food Safety Lab System To supply, install, configure, roll out Yes Yesand support a new LaboratoryInformation Management System(LIMS).

Laboratory Information One single National Laboratory Procurement negotiations beingSystem System. finalised for submission to HSE

Board for approval

Patient Management System Provide patient administration Yes Yes(iSOFT) functions and major elements of

clinical support.

PORTAL Provide a single electronic point of Paused Budget underentry to the health services review

PPARS To modernise and reform payroll and Paused Budget underpersonnel systems review

STARS Web To provide a single National system Yes Yesfor clinical Risk Management andincidence reporting.

Other national projects


System for Involuntary Admissions Interface for bespoke case Yes Yesand Tribunals (SIAT) interface management systemfor Mental Health Commission

National Patient Treatment New national database of patients Yes YesRegister waiting for admission to hospital for

treatment

underway in her Department and the HealthService Executive; the sections of the healthservices where they are underway; and if she willmake a statement on the matter. [28932/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.106, 183 and 210 together.

The required information is contained in thefollowing tables. The national health informationstrategy proposed that the health information andquality authority draw up a multi-annual infor-mation and ICT plan which, among other objec-tives, would ensure a standardised approach tosystems is taken on a national basis and that valuefor money is achieved. Legislation to establish thehealth information and quality authority is cur-rently being drafted and the full range of its func-tions is being considered in that context. It isanticipated that heads of Bill will be submitted toGovernment in the near future.



GRO Accenture contract Support , maintenance and minor Yes Yesenhancements for civil registrationcomputer system.

ICT Strategy for Primary Care Development of an ICT Strategy for Yes Additional work in relation to thePrimary Care development of an ICT Strategy

for Primary Care was agreedwith the contracted companyduring the course of the projectand this involved an additionalcost of \37,000 (27%) over theoriginal contract price.

National Drug Treatment Upgrade the System from MS Access Yes YesReporting System to MS SQL

Projects in the Department of Health and Children

Project Objective On time On budget

Data failover project Project to provide access to critical Yes Yesinformation services in the event ofthe technology recovery plan beingexecuted.

Management Information Upgrade of the Department’s existing Yes YesFramework (Phase 1) financial management system

Remote access service To provide remote access to Yes Yesinformation technology services inthe Department’s main office

Social Services Information To facilitate and support the SSI Yes Additional work in relation to theSystem inspection process. development of the system was

agreed with the contractedcompany during the course ofthe project and this involved anadditional cost of \20,000 (15%)over the original contract price.

Health Action Plan.

107. Mr. Howlin asked the Tanaiste and Mini-ster for Health and Children her plans toimplement the recommendations of the Hanlyreport; and if she will make a statement on thematter. [28796/05]

204. Mr. Deasy asked the Tanaiste and Mini-ster for Health and Children if the implemen-tation of the Hanly report is still Governmentpolicy; and if she will make a statement on thematter. [28907/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.107 and 204 together.

The report of the national task force on medi-cal staffing or Hanly report made a series ofimportant recommendations about the develop-ment of hospital services. These covered issuessuch as: the changes needed in NCHD work pat-terns; reform of medical education and training;the need for a significantly revised contract formedical consultants and an increase in thenumber of consultants; the reorganisation ofacute hospital services.

My Department is working closely with theHSE to build on, and progress, these recommend-

ations. I am pleased that the IMO and IHCAhave now agreed to enter into negotiations on anew contract for consultants. It is important thata new contract be put in place as soon as possible.I also want the discussions, which have beenunderway for some time, about the work patternsof NCHDs to be brought to a successful con-clusion at an early date. I am currently consider-ing a report from the medical education andtraining group relating to postgraduate medicaleducation and training. I hope to bring proposalsin this regard to the Government soon in conjunc-tion with my colleague the Minister for Educationand Science, who is considering the recommend-ations of the Fottrel report.

These measures, combined with ongoinginvestment in acute hospital facilities, extra con-sultant posts and the organisation of servicesaround hospital networks, are designed toprovide patients with faster access to high qualityconsultant provided services.

Ambulance Service.

108. Mr. Timmins asked the Tanaiste and Mini-ster for Health and Children her plans to allocateadditional funding and human resources to theambulance service in the old Eastern Region


[Mr. Timmins.]

Health Authority area to assist it in the expansionof the first responders scheme; and if she willmake a statement on the matter. [28949/05]

110. Ms McManus asked the Tanaiste andMinister for Health and Children if her attentionhas been drawn to the review of the ambulancecommand and control centre in central Dublinthat called for the establishment of a joint ambul-ance control in Dublin, to be staffed by theDublin Fire Brigade and Health Service Execu-tive staff; if her attention has further been drawnto the findings of the review that the currentsystem represents a substantive, identifiable,measurable risk to the patient population in thegreater Dublin area; and if she will make a state-ment on the matter. [28781/05]

176. Mr. Timmins asked the Tanaiste and Mini-ster for Health and Children if she will extend thefirst responders scheme, currently in progress inCounty Wicklow, to other regions; and if she willmake a statement on the matter. [28948/05]


Deputy Timmins’ questions relate to the man-agement and delivery of health and personalsocial services, which are the responsibility of theHealth Service Executive, HSE, under the HealthAct 2004. As part of the reform of the healthservice a national ambulance office has beenestablished under the auspices of the nationalhospitals office within the HSE. The office hasresponsibility for the provision of pre-hospitalemergency care nationally, including the develop-ment of the “first responder” service whererequired.

The report of the “Strategic Review of theAmbulance Services, 2001” has largely formedthe basis for the development of pre-hospitalemergency medical services in recent years. Oneof the recommendations in that report is that allambulance services should consider setting upfirst responder programmes to support theambulance service. Consistent with this recom-mendation, the HSE eastern region trained over1,000 people last year in cardiopulmonary resusci-tation in the community. My Department isadvised that there are a number of communityfirst responder schemes operating in CountyWicklow. The Executive has advised that itintends to progress the further roll out of thecommunity first responder scheme, subject to thepre-hospital care needs of particular regions.

With regard to the question from DeputyMcManus, ambulance services in the easternregion are provided by the HSE and Dublin CityCouncil through Dublin Fire Brigade, DFB. TheHSE eastern regional area provides services incounties Dublin, Kildare and Wicklow while theDFB largely operates in Dublin City under an

arrangement with the executive. The HSE hasoverall responsibility for the provision of ambul-ance services and allocates funding annually toDublin City Council.

In 2004, the former Eastern Regional HealthAuthority commissioned a review of an inte-gration agreement relating to the operation of thecommand and control centre at Townsend Street,Dublin. The centre is staffed by ambulance per-sonnel from the HSE and the DFB. The reviewwas commissioned arising from difficulties whichhad arisen in operating the centre in a fully inte-grated fashion. The review was conducted by anindependent management consultant.

The principal recommendation arising from thereview was that discussions should take place atsenior management level between Dublin CityCouncil and the Health Service Executive.Among the issues to be considered are: the needto establish a fully integrated joint ambulancecontrol based in Townsend Street staffed jointlyby the HSE and DFB; the need to ensure thatpreviously agreed protocols on the dispatch ofemergency ambulance services are implementedand monitored; the need for a single informationand communication technology system to beintroduced for the dispatch of emergencyambulances.

My Department is advised that the nationalhospitals office has since had preliminary dis-cussions with Dublin City Council to discuss theimplications of the report and with a view to set-ting up the senior management group as recom-mended. My Department is further advised thatthe composition of the group has been agreed andthat it is scheduled to meet later this month. Thereview further recommended that in the absenceof agreement to the resolution of difficultieswhich have arisen in the operation of a fully inte-grated centre, the HSE should commission a riskmanagement audit to assess the risks to patientsarising from a continuation of the existingarrangements at Townsend Street.

I strongly support the recommendations in thereport. Furthermore, I consider that riskmanagement/audit should form an integral partof any future arrangements governing the pro-vision of ambulance services nationally.

Medicinal Products.

109. Mr. Penrose asked the Tanaiste and Mini-ster for Health and Children the steps she willtake to ensure that value for money generic drugswill be prescribed by general practitionerswherever possible; if she will review the highmark up paid to retail pharmacists; if savingsfrom the high margins charged by pharmacists ina number of schemes where they are reimbursedby the State will be made; and if she will make astatement on the matter. [28805/05]

Tanaiste and Minister for Health and Children(Ms Harney): All aspects of the drug deliverysystem, from the manufacturer to the patient, are


currently under review. A number of proposals,including better access to generic drugs and sup-ply chain costs such as pharmacy mark-ups, arebeing considered with a view to addressing therapidly rising costs in medicines expenditure bothby the State and by private individuals. I muststress that no single measure will achieve this byitself. Indeed, international experience has shownthat this is a very difficult task, as the sophis-tication and range of treatments continue toincrease along with, quite justifiably, increasedexpectations on the part of patients.

With regard to increased use of generic medi-cines, it is my intention to give patients, and ulti-mately the taxpayer as the biggest buyer of drugs,better access to generic drugs where this is pos-sible and appropriate. My Department has begunpreparatory work for the introduction of struc-tures appropriate to the Irish drug schemes. Inaddition, negotiations will shortly commence fora new national pricing and supply agreement withthe Irish Pharmaceutical Healthcare Association,IPHA, and the Association of PharmaceuticalManufacturers of Ireland, APMI, for supply ofmedicines to the health services and it is intendedto address this issue within that agreement.

In regard to pharmacy fees, both my Depart-ment and the Irish Pharmaceutical Union agreethat the current remuneration system is inappro-priate and in need of revision. My Department isconsidering proposals to address the anomalies inthe current system, with a view to creating fair-ness and equity across the drug schemes in termsof how pharmacists are paid for their professionalservices under the community pharmacy contract.

Question No. 110 answered with QuestionNo. 108.

Hospital Services.

111. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children if she hasreceived a proposal from the Health ServiceExecutive to establish four hospital networks; andif she will make a statement on the matter.[28927/05]

112. Mr. Connaughton asked the Tanaiste andMinister for Health and Children her views onthe establishment of four hospital networks asopposed to the ten previously announced; and ifshe will make a statement on the matter.[28901/05]

118. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children if she willrelease the proposals from the Health ServiceExecutive to the Joint Committee on Health andChildren to establish four hospital networks; andif she will make a statement on the matter.[28928/05]

124. Mr. G. Mitchell asked the Tanaiste andMinister for Health and Children if hospitals will

be reconfigured into four hospital networks; andif she will make a statement on the matter.[28929/05]

152. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children her views on theestablishment of four hospital networks; and ifshe will make a statement on the matter.[28919/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.111, 112, 118, 124 and 152 together.

I have been advised that the Health ServiceExecutive is currently considering a proposal toput in place, as part of its national hospitalsoffice, four administrative regions for hospitalservices. These are the western region,Dublin/north-east region, southern region andDublin/mid-Leinster region. This proposal, ifimplemented, would not necessarily mean areduction in the existing ten hospital networks.The proposed administrative regions for acutehospital services would be the same as the exist-ing four regional structures for deliveringprimary, community and continuing care.

I understand that the aim of the proposal,which is still being considered within the HSE, isto achieve greater co-ordination of service deliv-ery at regional level. It recognises that one of theproblems to date with the health service is thelack of co-ordination between the acute servicesand the community services. A seamless deliveryof services is the key to meeting patient needsand requirements. Lack of cohesion in this areahas led to people accessing services in inappropri-ate settings. Co-ordination is an essential com-ponent in the spectrum of health care provisionrequired to achieve responsive and appropriatedelivery.

It is entirely for the board of the HSE to decidehow best to organise the management and deliv-ery of health and personal social services. Anymeasures which impact positively on patients willhave my support.

113. Mr. Ring asked the Tanaiste and Ministerfor Health and Children her plans to introducemore MRI scanners to the public health system;if so, the amount of same; and if she will make astatement on the matter. [28926/05]

134. Mr. Ring asked the Tanaiste and Ministerfor Health and Children the number of MRIscanners in the public service which are in use 24hours a day seven days a week; and if she willmake a statement on the matter. [28925/05]

177. Mr. McCormack asked the Tanaiste andMinister for Health and Children the number ofMRI scanners which exist in the public healthservice; the number which are in use in the publichealth system; and if she will make a statementon the matter. [28924/05]



The Deputies’ questions relate to the manage-ment and delivery of health and personal socialservices, which are the responsibility of theHealth Service Executive under the Health Act

Hospital No. Hours of Operation On Call Service

Network 1

Waterford Regional Hospital 1 09.00am-5.00pm 24hr emergency service

Wexford General 1 09.00am-5.00pm Out of hours, head injuries aretransported to Beaumont and allother injuries are transported toSt. Vincent’s Hospital

St. Luke’s General Hospital 1 09.30am-5.00pm Out of hours head injuries areKilkenny transported to Beaumont or Cork

University Hospital. All otherinjuries are transported toWaterford.

South Tipperary General Hospital 1 09.00am-5.00pm All injuries are transported toWaterford or Cork UniversityHospital

Network 2

Cork University Hospital 2 09.00am-5.00pm 24 hour out of hours

Tralee General Hospital 1 24hrs 7 days per week Emergency out of hours

Mercy University Hospital Cork 1 09.00am-5.00pm Emergency out of hours

South Infirmary-Victoria Hospital 1 09.00am-5.00pmCork

Network 3

Our Lady of Lourdes Hospital 1 24hrs 7 days per weekDrogheda

Our Lady’s Hospital Navan Scanner planned in the coming months In the interim all patients requiringCAT scans are transported toDrogheda

New General Hospital Cavan 1 09.00am-5.00pm 24 hour emergency

Network 4

Sligo General Hospital 1 09.00am-5.00pm 24 hr emergency service

Letterkenny General Hospital 1 09.00am-5.00pm Emergency out of hours

Network 5

Galway University Hospital 1 09.00am-1.00pm and 2.00pm-5.00pm Emergency out of hours

Merlin Park Regional Hospital 1 09.00am-1.00pm and 2.00pm-5.00pm Emergency out of hours

Mayo General Hospital 1 09.00am-5.00pm Emergency out of hours

Portiuncula Hospital 1 09.00am-5.00pm Emergency out of hours

Network 6

Midland Regional Hospital 1 24hrs 7 days per weekMullingar

Midland Regional Hospital 1 24hrs 7 days per weekTullamore

Midland Regional Hospital All patients are transported toPortlaoise Tullamore for CT Scans

2004. The national hospitals office is organisedinto networks. Within each network, hospitalsprovide full CAT scanning services in one ofthree ways, on-site 24 hours a day, seven days aweek, on-call for emergencies outside normalworking hours, or at neighbouring hospitals. Thetable outlines the numbers of scanners in eachhospital and their hours of operation.


Hospital No. Hours of Operation On Call Service

Network 7

Mid Western Regional Hospital 1 08.45am-5.00pm 24/7 on call serviceDooradoyle

Mid Western Regional Hospital All patients requiring CAT scans at Nenagh and Ennis Hospitals areNenagh transported to Mid West Regional Hospital at Dooradoyle. Plans for CAT

Mid Western Regional Hospital Scanners which are suggested in the report of the National Task Force onEnnis medical staffing are included as priorities in the planned capital

developments for each of these locations

Network 8

St. Vincent’s University Hospital 2 08.30am-5.00pm Emergency out of hoursElm Park

St. Colmcille’s Hospital 1 09.00am-5.00pm Emergency out of hours scans areLoughlinstown transferred to St. Vincent’s

Hospital

St. Luke’s Hospital Rathgar 1 09.30am-5.00pm

Network 9

St. James’s Hospital 1 09.00am-5.00pm 24/7 on call service

AMNCH Tallaght 1 09.00am-5.00pm 24/7 on call service

Naas General Hospital 1 09.00am-5.00pm 24/7 scanning will be available in thecoming months in the interim allemergencies are transported toAMNCH

Our Lady’s Hospital for Sick 1 09.00am-5.00pm 24/7 on call serviceChildren Crumlin

Network 10

Mater Misericordiae Hospital 1 09.00am-5.00pm 24/7 on call service

Beaumont Hospital 2 09.00am-5.00pm 24/7 on call service

Connolly Hospital Blanchardstown 1 09.00am-5.00pm 24/7 on call service

Total 32



115. Mr. Cuffe asked the Tanaiste and Ministerfor Health and Children the number of consult-ants currently employed by her Department; the

Consultants Currently Employed Nature of Consultancy Completion Date Costs Outstanding(\ inc. VAT)

Accenture Support, maintenance and minor 31 December 2005 165,000enhancements for civil registrationcomputer system.

Business2Enterprise Clean up of HR data for transfer to new End 2005 6,760system and selection of interimsolution

CAPITA Consulting Evaluation Imminent 21,377

CAPITA Consulting Evaluation Imminent Nil

Dr. Satya Brinks, Assoc. Prof. Assisting with the commissioning of The End December 2005 4,000 (approx.)Anne Sanson, Mr. Jeremy National Longitudinal Study ofNeathey Children in Ireland.

Dr. Fiona Keogh Project Worker for the Expert Group December 2005 12,000 Approx.on Mental Health Policy

total cost outstanding to her Department; and ifshe can state the areas these persons are workingon; when each of these projects will be complete;and if she will make a statement on thematter. [28965/05]

Tanaiste and Minister for Health and Children(Ms Harney): The information requested is in thefollowing table.


[Ms Harney.]


Dr. John Bowman Work in relation to the organisation End January 2006 6,050 (total)(including the chairing) of theNational Health Strategy ConsultativeForum scheduled to take place on2nd December 2005 in Dublin Castle

Grayling Gilmore Public Relations March 2006 1,500,000 estimated

Hay Group (Ireland) Ltd. Personnel Management and Mid-September 2005 4,840 plus travelDevelopment expenses

Health Science Management Dept. Facilitation of input workshops & November, 2005 12,000 to 15,000TCD. production of feedback Report on approx.

Part 9 of the Health Act, 2004 — theintroduction of a statutory ComplaintsProcess.

Indecon Economic Consultants Economic Analysis of Childcare Policy End October 2005 181,821Options

Lynne Peyton National Children’s Advisory Council — 31 December 2005 57,500.00Mid Term Review of the NationalChildren’s Strategy

Maura McGrath and David Hanly Devolution of Functions from the December 2005 6,000 approxDepartment of Health and Childrento the Health Service Executive

Mercer Human Resource Provision of continuous expert actuarial 31st August 2006 None.Consulting advice, assistance and information, in

relation to the Irish Health InsuranceMarket, in particular to riskequalisation and risk equalisationrelated issues.

Mercer Human Resource Actuarial assessment of Department’s December 2005 54,506Consulting liability with regard to the transfer of

pension funds of nurse tutors whohave assimilated into the third levelsector.

Mercer Human Resource Insurance scheme for persons infected Nov/Dec 2005 21,780Consulting Ltd. by Hepatitis C and HIV by blood and

blood products administered withinthe State: feasibility study, analysis ofthe available options and productionof draft scheme.

National Nutrition Policy Advisor Advice in relation to Nutrition 31 December 2005 Nil

National Nutrition Surveillance Supply of Data and advice in relation to 31 December 2005 NilCentre Nutrition and Health

Ogilvy Advertising services for National Drugs 31 October 2005 7,260Awareness Campaign

PMI Software Ltd Development of capital project September 2004 3,000management and software (substantially

complete)

PriceWaterhouseCoopers To implement the recommendations of February 2006 45,746the Report of the Working Group onthe Accountability of SecretariesGeneral and Accounting Officers(Mullarkey Report)PriceWaterhouseCoopers wereengaged to facilitate the introductionof a risk management process whichwill identify and evaluate the keyrisks facing the Department of Healthand Children

QMP Advertising March 2006 500,000 estimated

RGC Technologies Project management of software Mid 2004 6,000development

Sandra Roe Analysis of Responses to Public 17 February 2006 16,000.00Consultation on the Development ofa Recreation Policy for Young Peoplein Ireland and to produce a report onthe outcome of the PublicConsultation



Sopra Newell & Budge Information systems security advice. The duration of the No outstandingThese services are obtained on a draw contract is for 4 years costs.down basis. The average annual cost with 2.5 years yet tois around 20,000. run.

Suzanne Campbell Research Project to assist the National End September-October, 9,052Working Group on the Regulation of 2005Complementary Therapists

Target Health Advice in relation to Alcohol Policy 31 December 2005 20,000

The Children’s Research Centre, Intercountry Adoption Research May 2006 205,790University of Dublin, Trinity ProjectCollege, Dublin 2.

Tony Murphy Evaluation of the work of the Student November 2005 11,798Council Working Group

Wilson Hartnell Public Relations PR services for National Drugs 31 October 2005 3,025Awareness Campaign

Primary Care Strategy.

116. Mr. Quinn asked the Tanaiste and Mini-ster for Health and Children the amount ofmoney that was invested in the years 2002, 2003and 2004 in the primary care strategy; and if shewill make a statement on the matter. [28808/05]

185. Mr. Coveney asked the Tanaiste and Mini-ster for Health and Children if the primary healthcare strategy is still Government policy; and if shewill make a statement on the matter. [28903/05]

212. Mr. Sargent asked the Tanaiste and Mini-ster for Health and Children the amount of theprimary health care strategy which has beenimplemented; the projected cost of implementingthis strategy; when it will be implemented; and ifshe will make a statement on the matter.[28966/05]

213. Ms Enright asked the Tanaiste and Mini-ster for Health and Children if she will abandonthe primary health care strategy unless she getsfunding from the private sector; and if she willmake a statement on the matter. [28914/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.116, 185, 212 and 213 together.

The primary care strategy aims to developservices in the community so that patients willhave direct access to integrated multi-disciplinaryteams of general practitioners, nurses, health careassistants, home helps, occupational therapistsand others. The principles set out in the strategyremain Government policy and this documentprovides a template for the development ofprimary care services over a period of ten to 15years. However, the successful implementation ofthe strategy is about much more than the pro-vision of additional funding. It is first and fore-most about developing new ways of working andof reorganising the resources already in thesystem in line with the service model described in

the strategy. It is in that context that additionalresources can be deployed to best effect.

Implementation of the primary care strategywill require sustained investment, over a period,to expand capacity and enable primary care tobecome the cornerstone of our health system.Three broad approaches will be taken to enablethis to happen, namely, the substantial reorganis-ation of resources to which I have alreadyreferred; further revenue and capital investmentby the State to deliver additional services; and astructured role for the private sector in thedevelopment of facilities and possibly also thedelivery of services.

The strategy estimated the capital cost ofdeveloping a primary care facility at some \2.5million for each team, which is approximately\1.27 billion for the first 400 to 600 teams. Theadditional staffing costs involved, allowing for theavailability of existing staff and taking account ofthe composition of typical core teams and theassociated network professionals, were estimatedto amount to approximately \615 million perannum for the first 400 to 600 teams. The strategyalso estimated that up to \63 million in once-offcosts and running costs of \12.7 million perannum would be required for ICT supports.However, the required investment can come froma range of sources and not solely from theExchequer.

With regard to implementation, one of the firststeps was to establish an initial group of tenprimary care teams, with funding to enable exist-ing staff resources within the public system to beaugmented. These teams were intended to dem-onstrate the primary care model in action andalso to enable practical experience to be gainedof the process involved in developing a primarycare team and expanding the range of servicesavailable.

In 2005, I provided an additional \5 million inrevenue funding to support the implementationof the primary care strategy. Coupled with the \5million allocated in 2002 and the \2 million in


[Ms Harney.]

2003, this brings total ongoing additional revenuefunding to \12 million per annum. To date, capi-tal funding of \2.725 million and a further \1.8million in respect of ICT supports have been pro-vided for the initial primary care teams. Fundinghas also been applied to a range of other initiat-ives intended to advance implementation. Theseinclude: planning and mapping work by the HSE;service developments in specific locations; areview of ICT needs in primary care; support touniversity departments of general practice andthe Irish College of General Practitioners;research fellowships in primary care.

In light of the considerable private sectorinterest in the development of hospitals and long-term care services, I envisage much potential forsuch developments in primary care to com-plement investment by the State. I have asked myDepartment to consider, in conjunction with theHSE, how this agenda can be advanced in a waythat will harness this undoubted potential withinthe non-State sector and so enable and supportthe delivery of integrated primary care services inline with national policy.

The Deputies’ questions are also relevant tothe management and delivery of health and per-sonal social services which are the responsibilityof the Health Service Executive, HSE, under theHealth Act 2004. The chief executive officer ofthe HSE has emphasised the importance ofdeveloping our primary care services, both as theappropriate service for the delivery of themajority of people’s health and social care needsand to complement services provided by ouracute hospitals. This is an important priority ofthe executive which has my full endorsement.

Hospital Services.

117. Mr. Rabbitte asked the Tanaiste and Mini-ster for Health and Children if her attention hasbeen drawn to the discrepancies of treatmentbetween older cancer patients and middle agedcancer patients; if her further attention has beendrawn to the fact that the treatment rates of thoseaged 70-79 were half to a third of cancer patientsin the 50-59 age group; and if she will make astatement on the matter. [28811/05]

Tanaiste and Minister for Health and Children(Ms Harney): An analysis by the national cancerregistry of treatment data for the years 1994 to2001 for the commonest cancers showed thattreatment rates for chemotherapy and radio-therapy and, to a lesser extent surgery, declinedwith age.

Information on reasons for treatment choicesin Ireland is limited. However, lower rates of can-cer treatment in older patients have been widelyreported from many countries. This decline intreatment rates with age is multifactorial. Older

patients tend to present at a later stage with can-cer, when curative treatment may not be anoption. Older people often have additional medi-cal conditions that are associated with age such asrespiratory, cardiac and renal conditions. Theseconditions can limit treatment options for cancer.Cancer is often a less aggressive disease in olderpeople. In some cases decisions are required inconsultation with patients which balance stress oftreatment with possible benefits.

The Government is committed to making a fullrange of cancer services available and accessibleto cancer patients, including elderly patients,throughout Ireland in line with best inter-national standards.


119. Mr. Sherlock asked the Tanaiste and Mini-ster for Health and Children the steps she willtake regarding the 500 patients awaiting treat-ment in Ireland’s only hospital based obesityclinic in St. Columcille Hospital; if her attentionhas been drawn to the estimates in view of thefact that up to 30 patients on the waiting list coulddie if the necessary funding is not put in place; themethods she will implement to combat Ireland’sobesity epidemic; and if she will make a state-ment on the matter. [28801/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Health Act2004 provided for the Health Service Executive,which was established on 1 January 2005. Underthe Act, the executive has the responsibility tomanage and deliver, or arrange to be deliveredon its behalf, health and personal social services.This includes responsibility for the numbers ofpeople awaiting treatment and the necessaryfunding of hospitals. Accordingly, my Depart-ment has requested the parliamentary affairs div-ision of the executive to arrange to have thismatter investigated and to have a reply issueddirectly to the Deputy.

The report of the national task force on obes-ity, published in May of this year, includes recom-mendations for the clinical management of obes-ity in adults and children. An implementationstrategy for this report is currently beingdeveloped by my Department to progress theimplementation of the recommendations.


120. Mr. Coveney asked the Tanaiste and Mini-ster for Health and Children her views on therecent report from the Comptroller and AuditorGeneral regarding the national treatment pur-chase fund; and if she will make a statement onthe matter. [28904/05]


137. Mr. Perry asked the Tanaiste and Ministerfor Health and Children the way in which ahospital with a long waiting list for operations canhave the spare capacity to do private work follow-ing from the report of the Comptroller and Audi-tor General; if these hospitals, if funded properly,will do the same work; and if she will make astatement on the matter. [28937/05]

143. Mr. Stagg asked the Tanaiste and Ministerfor Health and Children if her attention has beendrawn to reports that the national treatment pur-chase fund spent \600 in taxi fares to send a pati-ent from Dublin to Limerick for a minor oper-ation; her views on whether this is the mostappropriate use of taxpayers’ money; and if shewill make a statement on the matter. [28783/05]

151. Mr. Gogarty asked the Tanaiste and Mini-ster for Health and Children if her attention hasbeen drawn to the criticism made by theComptroller and Auditor General of the nationaltreatment purchase fund; the amount the treat-ment purchase fund has cost in 2005; if she canjustify spending a reported \600 on a taxi for apatient; and if she will make a statement on thematter. [28961/05]

201. Mr. Noonan asked the Tanaiste and Mini-ster for Health and Children the way in which45% of hip replacements were carried out in thesame hospital under the national treatment pur-chase fund, which was established to carry outprocedures that could not be carried out in thepublic sector to be carried out in the private sec-tor, where the patients name was on a waiting list;and if she will make a statement on thematter. [28935/05]

206. Ms Shortall asked the Tanaiste and Mini-ster for Health and Children if her attention hasbeen drawn to the recent report of the Comptrol-ler and Auditor General which found that 36%of patients were actually referred by the NationalTreatment Purchase Fund for private treatmentin the very same hospital for which they werewaiting for public treatment in the first place; ifher further attention has further been drawn tothe difficulties reported by the Comptroller andAuditor General in getting information from theNational Treatment Purchase Fund; if theComptroller and Auditor General will be askedto undertake a full value for money audit of thescheme; and if she will make a statement on thematter. [28782/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.120, 137, 143, 151, 201 and 206 together.

The national treatment purchase fund, NTPF,was established as one of the key actions for deal-ing with public hospital waiting lists arising from

the 2001 health strategy. The strategy envisagedthat the NTPF might make use of any capacitywithin public hospitals to arrange treatment forpublic patients. It was recognised that during thestart-up phase of the fund, the use of public capa-city could account for 30% of total NTPF activity,once public core service planned activity was notcompromised. The Department has recentlyadvised NTPF that use by the fund of publicfacilities should be limited to 10% of its totalreferrals for treatment. The allocation availableto the fund in 2005 is \64 million.

The majority of elective orthopaedic surgery,including hip replacements, takes place in publicelective orthopaedic facilities which do notprovide accident and emergency services. Aselective activity in these hospitals does not takeplace 24 hours per day and seven days a week,using theatres and beds outside of normal work-ing hours is one way of creating extra electivecapacity in the public system. Allowing publichospitals to undertake work under the NTPFinitiative also incentivises hospitals to performextra work and to treat more patients over andabove core funded activity. This activity is carriedout often by staff working overtime, who come inat weekends or who extend theatre time onoccasions.

Other situations that compelled the use ofpublic or “in-house” capacity were cases where,for reasons of clinical or patient complexity, itwas clearly best practice to have certain patientstreated by their own consultant in the hospitalwhere they were on the waiting list. Not to haveused this facility would have effectively barredthis cohort of patients from accessing the NTPFscheme.

With regard to the transport of patients, thepolicy of the NTPF is to provide transport forpatients where it is deemed medically necessaryor where there are people with special needs, forexample, the elderly or the infirm. The numberof patients that require transport is small. In thecase of a patient going abroad for treatment thetravel costs are paid for by the NTPF. The auth-orisation of transport is considered on an individ-ual basis, particularly in circumstances where lackof transport would present a barrier to a patientbeing treated. Otherwise patients are responsiblefor their own transport to hospital for treatment.

In the context of his examination of myDepartment’s appropriations account for 2004,the Comptroller and Auditor General carried outa review of the operation of the NTPF in 2004.During his review the Comptroller and AuditorGeneral received the full and comprehensive co-operation of the fund and of my Department. Theresponses from the fund and my Department tothe issues raised in the Comptroller and AuditorGeneral’s report have been fully recorded in thetext of the report and are a matter of publicrecord. As a statutory body funded by the


[Ms Harney.]

Exchequer, the annual accounts of the nationaltreatment purchase fund will be audited by theComptroller and Auditor General. The fund’saccounts for 2004 are currently being audited bythe Comptroller and Auditor General. It is amatter for the Comptroller and Auditor Generalto decide which State organisations or Statefunded programmes are to be the subject of valuefor money audits.

Health Insurance.

121. Mr. Broughan asked the Tanaiste andMinister for Health and Children the reason shedecided not to proceed with the implementationof risk equalisation due to the recommendationof the Health Insurance Authority; if her atten-tion has been drawn to the serious problemscreated for VHI as a result; if she has receivedrepresentations from VHI to proceed with riskequalisation; if she has received another reportfrom the Health Insurance Authority on theissue; and if she will make a statement on thematter. [28786/05]

Tanaiste and Minister for Health and Children(Ms Harney): I decided last June not to com-mence risk equalisation transfers, having con-sidered the recommendation of the HealthInsurance Authority and the subsequent rep-resentations made by health insurance under-takings. This also allows time for further corrob-oration of observed trends in the market. I amdue to receive the authority’s fourth report by theend of this month.

The VHI has made a number of represen-tations highlighting the need for risk equalisation.Following my decision not to introduce riskequalisation last June, the VHI, within the con-text of its submission outlining its proposed priceincrease, and in a separate submission on thecompany’s annual report and accounts, has con-tinued to emphasise the significance of risk equal-isation for the future of the company.

The provisions of the Health Insurance Actsprovide that in considering whether risk equalis-ation transfers are warranted in the best overallinterests of health insurance consumers, thereshould be reference to the need to maintain theapplication of community rating across themarket and to facilitate competition betweenundertakings. Any decision on the commence-ment of risk equalisation cannot therefore betaken by reference only to the position of any onecompany in the market.

Health Service Staff.

122. Mr. S. Ryan asked the Tanaiste and Mini-ster for Health and Children the steps she willtake to ensure that front line health services will

not be affected by the 600 job cuts proposed aspart of the restructure of the health services; andif she will make a statement on the matter.[28814/05]

150. Ms O’Sullivan asked the Tanaiste andMinister for Health and Children if the Govern-ment decision to put a ceiling on the number ofstaff that can be employed in the health sectorstill stands; her views on claims by ProfessorDrumm that this will drive up the costs; and if shewill make a statement on the matter. [28803/05]


There has been no alteration to Governmentpolicy on employment ceilings in the public sec-tor, including the health service. Employmentlevels for the health service have been adjustedsince 2002 in line with Government policy onpublic sector employment and also to takeaccount of specific policy measures aimed atincreasing service levels for patients. The employ-ment ceiling for the health service currentlystands at 97,550, in wholetime equivalent terms.This ceiling reflects not only the 600 post adjust-ment required by the Government decision onpublic sector numbers but also includes anincrease of 1,200 posts in respect of the openingof new units in 2005. Further increases in theemployment ceiling for the health service in 2005are being finalised by my Department and theDepartment of Finance in respect of both theaccident and emergency initiative and the Dis-abilities Act 2005.

I have repeatedly stressed the need for com-pliance with approved employment levels consist-ent with safeguarding and, indeed, enhancing thedelivery of front line services and achieving anappropriate balance between clinical and non-clinical employment levels in the health service.This has been underlined by my Department indirect discussions with the HSE’s senior manage-ment team and in the context of the finalisationof the executive’s national service plan for 2005.I believe there is a general consensus that theorganisation of human resources is critical togood service delivery.

The proper management of employment levelsand skill mix together with the prioritisation offront line services is, of course, central to theorganisation of human resources and is the mosteffective mechanism for ensuring the best use ofresources overall within the health service. MyDepartment will continue to work closely withthe HSE in this matter.

Mental Health Services.

123. Mr. Neville asked the Tanaiste and Mini-ster for Health and Children if funding will be


made available to implement the recommend-ations of the Irish College of Psychiatrists onchild and adolescent psychiatric services.[28951/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): The expertgroup on mental health policy is examining allaspects of our mental health services, includingchild and adolescent psychiatry. The report of theIrish College of Psychiatrists referred to by theDeputy is being taken into account by the expertgroup. The group is due to complete its work bythe end of this year.

Additional funding for all mental healthservices, including child and adolescent psy-chiatry, is being considered in the context of theEstimates process.



125. Mr. Connaughton asked the Tanaiste andMinister for Health and Children if the provisionof 3,000 acute beds is still Government policy;and if she will make a statement on thematter. [28902/05]

Tanaiste and Minister for Health and Children(Ms Harney): An Agreed Programme forGovernment includes a commitment to expandpublic hospital beds in line with the healthstrategy commitment to increase total acutehospital bed capacity by 3,000 by 2011. Substan-tial investment in additional bed capacity in acutehospitals has already taken place.

Funding has been provided to open anadditional 900 inpatient beds/day places in publicacute hospitals throughout the country. TheHealth Service Executive has informed myDepartment that as of 14 October 2005, 806 ofthese beds/day places were in place and theremaining 94 beds/day places will come on streamover the coming months.

In addition, a further 450 acute beds/day placesare in various stages of planning and develop-ment under the Capital Investment Framework2005-2009. I announced in July this year aninitiative which will provide up to an additional1,000 beds for public patients in public hospitalsover the next five years. The Health ServiceExecutive, HSE, has been asked to begin todevelop an implementation plan and to prioritiseproposals with reference to the public hospitals’requirement for additional bed capacity. Initialdiscussions have already taken place between myDepartment and the HSE on this matter.

These additional beds/day places will go mostof the way to achieving our commitment in theprogramme for Government to increase total

acute hospital capacity. The health strategyacknowledges that a significant proportion ofadditional capacity in the acute hospital systemwill be supplied in future by private providers.My Department, in conjunction with the HealthService Executive, will review public capacityrequirements in the acute hospital sector in lightof developments since the health strategy waspublished and the progress of the initiative Iannounced in July.



127. Mr. Deasy asked the Tanaiste and Mini-ster for Health and Children her plans to increasethe number of general practitioners; and if shewill make a statement on the matter. [28908/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Health Service Executive’sprimary care re-imbursement service — formerlythe General Medical Services Payments Board —annual report for 2004 indicates there were 2,210general practitioners providing services in thegeneral medical service and other communitybased schemes in that year, up from 2,181 for theprevious year.

On the issue of future manpower requirementsfor general practitioners, my Department has metwith the Irish College of General Practitioners,ICGP, and accepted in principle its recommend-ation to increase the number of trainee places onGP vocational training schemes from 84 to 150 ona phased basis, providing 22 additional placeseach year over three years. Accordingly, fundingwas provided to the Health Service Executive in2005 to enable an additional 22 GP trainees to betaken on in the 2005-06 academic year. I under-stand that the ICGP is in the process of makingfurther proposals in this area and my Departmentwill, in conjunction with the HSE, consider thesewhen they are received.


128. Mr. English asked the Tanaiste and Mini-ster for Health and Children the progress to dateon her 1,000 bed plan; and if she will make astatement on the matter. [28912/05]

133. Ms Burton asked the Tanaiste and Mini-ster for Health and Children her proposals for thedevelopment of 1,000 private beds on the cam-puses of existing public hospitals; if any costbenefit analysis has been done of this plan; and ifshe will make a statement on the matter.[28785/05]



This Government is committed to exploringfully the scope for the private sector to provideadditional capacity. The health strategy recog-nises that additional capacity will be provided inthe future by a combination of public and privateproviders. In July this year, my Departmentissued a policy direction to the Health ServiceExecutive which is aimed at freeing up additionalbeds for public patients in public hospitalsthrough the development of private hospitalfacilities on public hospital sites. The initiativewill provide up to 1,000 additional beds for publicpatients over the next five years.

The Health Services Executive, HSE, has beenasked to begin to develop an implementationplan which will identify where these private facili-ties might be located and to prioritise proposalswith reference to the public hospitals’ require-ment for additional bed capacity. Initial dis-cussions have already taken place between myDepartment and the HSE on this matter.

I consider that this approach offers better valuefor money to the Exchequer compared to thetraditional approach which would require theExchequer to cover the full capital costs and tomeet, on an ongoing basis, the full staffing andrunning costs of additional beds. The assessmentframework which has been issued to the HSE willrequire it to undertake a rigorous economicassessment of each individual proposal, whichincludes estimating the costs to the Exchequer,including tax foregone, and the benefits of theproposed development.


129. Mr. McGinley asked the Tanaiste andMinister for Health and Children if her attentionhas been drawn to the continuing crisis in Letter-kenny General Hospital due to inadequate acci-dent and emergency facilities and shortage ofbeds; her plans to alleviate the ongoing diffi-culties; and if she will make a statement on thematter. [28942/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-sonal social services, which are the responsibilityof the Health Service Executive under the HealthAct 2004. Accordingly, my Department hasrequested the parliamentary affairs division ofthe executive to arrange to have this matter inves-tigated and to have a reply issued directly to theDeputy.

Cancer Screening Programme.

130. Mr. Wall asked the Tanaiste and Minister

for Health and Children the timescale for anational roll out for cervical cancer screening; ifher attention has been drawn to the fact that it isestimated that it will take at least 18 months to setup a national screening programme; if her furtherattention has been drawn to the fact that theState’s rate of invasive cervical cancer is one ofthe highest in Europe; and if she will make astatement on the matter. [28810/05]

Tanaiste and Minister for Health and Children(Ms Harney): I am committed to the national rollout of the cervical screening programme in linewith international best practice. A pilot cervicalscreening programme commenced in October2000 and is available to eligible women residentin counties Limerick, Clare and Tipperary North.

An international expert examined the feasi-bility and implications of a national roll out of acervical screening programme. Following thepublication of this report my Department under-took a consultative process with relevant pro-fessional and advocacy stakeholders. The con-sultative process is completed and myDepartment will now discuss options for the rollout of the programme with the Health ServiceExecutive, including indicative timelines.

Fluoridation of Water.

131. Mr. O’Dowd asked the Tanaiste and Mini-ster for Health and Children her views on arecent American study on the addition of fluorideto tap water which found that exposure to fluor-ide increased the risk of bone cancer in boys; andif she will make a statement on the matter.[22316/05]

Tanaiste and Minister for Health and Children(Ms Harney): The study referred to by theDeputy is, in fact, an unpublished student disser-tation. It is not possible to comment on unpub-lished research. However, I am informed that anumber of peer reviewed published studies haveshown no evidence of a link between water fluori-dation and cancer.

The Irish expert body on fluorides and healthheld its inaugural meeting in April 2004. Theterms of reference of the expert body are: tooversee the implementation of the recommend-ations of the forum on fluoridation; to advise theMinister and evaluate ongoing research — includ-ing new emerging issues — on all aspects of fluor-ide and its delivery methods as an establishedhealth technology and as required; to report tothe Minister on matters of concern at his/herrequest or on its own initiative.

Should any peer reviewed research be pub-lished which indicates any harmful effects of flu-oridation, I will be happy to refer it to the Irishexpert body on fluorides and health for its adviceas to any necessary action.


General Practitioner Services.

132. Mr. Crawford asked the Tanaiste andMinister for Health and Children her plans to putout of hours services in other areas out to tender,following her decision to put the out of hoursservices in north Dublin out to tender; and if shewill make a statement on the matter. [28906/05]

170. Mr. G. Murphy asked the Tanaiste andMinister for Health and Children if tenders forthe out of hours services in north Dublin affectthe GMS contract with general practitioners.[28933/05]


The Deputy’s questions relate to the manage-ment and delivery of health and personal socialservices, which are the responsibility of theHealth Service Executive, HSE, under the HealthAct 2004. The terms of the current general medi-cal service GP contract which are held with theHSE require GPs to provide services for 40 hourseach week and to put in place suitable arrange-ments to allow public patients access to servicesoutside of these hours for urgent cases. Sucharrangements are a matter between the HSE andthe individual contractor.

The provision of more general practitioner outof hours services is an important element of theten point plan for accident and emergencyservices. The decision of the HSE to engage in apublic procurement process to put in placearrangements intended to complement andenhance existing out of hours GP services for thenorth Dublin area has my support. The HSE hasindicated to me that its experience in putting thisadditional service in place will inform futuredecisions about meeting service needs.



Health Services.

135. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children her plans for thefuture delivery of community care, generalhospital and special hospital services; if she willutilise any of the reports previously com-missioned as part of a master plan; if the Hanlyor other reports are likely to form all or part ofher plans for the future with reference to the var-ious hospitals throughout the country mentionedin the Hanly report for action; and if she willmake a statement on the matter. [28939/05]

Tanaiste and Minister for Health and Children(Ms Harney): The national health strategy, Qual-ity and Fairness — A Health System for You, setsout this Government’s vision for the developmentof health and personal social services into thefuture. The strategy sets out the key objectivesfor the health system: better health for everyone;fair access; responsive and appropriate care deliv-ery; high performance. To achieve these objec-tives it is recognised that major change needs totake place in the health system, including organis-ational reform, strengthening primary care,reforming the acute hospital system anddeveloping information.

The national health strategy is backed up bynumerous reports which deal with specific areasmentioned above. These reports include:“Commission on Financial Management andControl Systems in the Health Services”,Brennan; “Audit of Structures and Functions inthe Health System”, Prospectus; “Primary Care— A New Direction”; “Acute Hospital BedCapacity — A National Review”; “Health Infor-mation — A National Strategy” and “NationalTask Force on Medical Staffing”, Hanly. Thereport of the national task force on medical staff-ing or Hanly report made a series of importantrecommendations regarding the development ofhospital services. Responsibility for building onthe recommendations of the report regarding theorganisation of hospital services has been trans-ferred from the Department to the nationalhospitals office, NHO, of the Health ServiceExecutive. The NHO’s key priority is to ensurethat patients, wherever they live, have equitableand rapid access to high quality hospital care.

The Department and the NHO will continuethe planned investment in new hospital facilities,new consultant posts in a team based system andthe organisation of services around hospitalnetworks.


136. Mr. Gormley asked the Tanaiste and Mini-ster for Health and Children the basis of thePPARS and FISP contracts; if she was advised ofdifficulties with these systems when she first tookoffice; the steps she took to deal with these issues;and if she will make a statement on thematter. [28963/05]

199. Ms McManus asked the Tanaiste andMinister for Health and Children the steps shewill take to establish responsibility for the hugewaste of public money involved with the PPARSand FISP computer system; if she is satisfied withthe level of supervision exercised by her Depart-ment over the project; the measures she will taketo ensure that taxpayers get better value for themoney spent by her; and if she will make a state-ment on the matter. [28779/05]



In 1995 a steering group composed of represen-tatives of the health boards was formed to mod-ernise and reform payroll and personnel systems.In 1997, the CEO group sought funding from theDepartment of Health and Children to supportwork on the project and to proceed with theimplementation of a new system. In 1998, a sumof £7 million was provided to assist with theimplementation of the system during the years1998-2000. In addition, the Department requestedthe health boards to supplement new capitalwhere necessary with their existing resources,including locally generated funds from the sale ofsurplus assets.

In 2001, following shared concerns between theCEO group and the Department, a quality assur-ance review and investment appraisal was com-missioned on the project. This was carried out byHay Management Consultants and it stated thatthe project should proceed but that the originalcosting had been understated. In March 2002 itset the revised costs at \107 million and under-lined the need to manage the risks of the projectby the health boards. In May 2002, the Depart-ment wrote to the health boards indicating thatnational coverage was an essential element and,given the escalation in costs, that the projectwould have to have assertive negotiations withsuppliers and ensure vigorous project manage-ment arrangements.

In 2004, due to concerns regarding the con-sultancy and staff costs, an independent reviewwas commissioned and carried out by Gartner.While this concluded that the costs were withinindustry norms, it was nevertheless a very highand significant cost. The Department raised thoseissues with the health boards and urged all partiesinvolved to ensure best value for project expendi-ture and indicated that significant discountsshould apply on such a large project. In reply thehealth boards indicated that significant discountshad been obtained and that factors such as thescale of the programme, organisational com-plexity, level of variances between agencies andso forth significantly contributed to the cost ofPPARS.

The basis of the PPARS and FISP contracts areas follows: PPARS — SAP Software licences andannual maintenance; IBM — managed servicecontract, technical consulting contract — thesetwo contracts also covered the FISP project;Deloitte Consulting UK — programme manage-ment, business process design, change manage-ment — this contract was the per diem rates —no fixed overall contract price.

The FISP contract is based on fixed price withpayment by results, that is, production of projectdeliverables at defined milestone date. Deloitteis the primary contractor. IBM is the technical

implementation partner — subcontractors toDeloitte.

In January 2005, the HSE became a statutoryauthority with its own vote, with new governancestructures and arrangements. As soon as majordifficulties with the project were brought to myattention, the Secretary General of my Depart-ment met with the HSE and the Department ofFinance. This meeting led to the establishment ofa review of the system by the HSE and to thedecision of the HSE of 6 October 2005.

The roll out of the PPARS project to otherareas of the country has been suspended by theHSE pending further examination. The HSE issetting up a group to establish the long-termvalue of PPARS by developing a business case toshow the full lifetime costs of the project over thenext five years, to evaluate any other options todeliver on the HSE’s requirement of an inte-grated payroll/HR management system and todetermine the most cost effective and efficientoption for the HSE. The Comptroller and Audi-tor General is carrying out a value for moneyexamination of the PPARS project, which isexpected to look at issues such as the develop-ment, governance and management of theproject.

The appropriate steps have, therefore, beentaken at this stage. With regard to the financialinformation systems project, FISP, the HSE hasalso decided to pause this project and evaluate itfurther. Unlike PPARS, this project is at a muchearlier stage of development.

The Government has decided on a number ofnew measures to improve the management ofconsultancies. The level of engagement of con-sultancies in any Department/agency will necess-arily reflect their specific circumstances and thefollowing measures have now been approved. Inthe context of the formulation of the 2006 Esti-mates, Ministers will review the financial pro-visions for consultancy and, in that context, willconfirm that the guidelines are being applied intheir Departments and that proposed expenditureis necessary. The Department of Finance hasbeen asked to review existing guidelines on thecommissioning and management of consultanciesto ensure that they accord with best practice andthe Government is instructing SecretariesGeneral/Accounting Officers to certify com-pliance with the terms of the guidelines in respectof major projects.



138. Ms C. Murphy asked the Tanaiste andMinister for Health and Children if she is inagreement with the chief executive officer of theHealth Service Executive that it is hard to justify


a further increase in acute hospital beds and thatthe development of primary and community careservices should be encouraged instead; the actionshe proposes to take regarding this approach tohealth care provision; and if she will make a state-ment on the matter. [28943/05]

211. Ms O’Sullivan asked the Tanaiste andMinister for Health and Children her proposals inrespect of comments made recently by ProfessorDrumm that acute hospitals are over equippedwith beds and that the focus needs to beredirected to community care; the measures shewill take to develop community beds and theamount of money that is being spent; and if shewill make a statement on the matter. [28804/05]


The health strategy identified a requirementfor additional capacity throughout the healthsystem and a need to reconfigure services toachieve maximum efficiency and effectiveness.The concerns about capacity and the configur-ation of services underline the need for ongoinginvestment, expansion of acute hospital servicesand substantial strengthening of primary care andcommunity services. There is a need to build upprimary care, community services and acutehospital capacity and reform the health system tounderpin the achievement of this objective.

The decision to increase the number of beds inacute hospitals was taken on foot of a detailednational review of bed capacity. The report recog-nises that acute hospital care is just one compon-ent of the health care delivery system. Hospitalservices cannot be evaluated in isolation fromprimary care, community and specialist services.The need for hospital services is influenced by theavailability and accessibility of those services.

Following the bed capacity review, the Govern-ment’s health strategy identified a requirementfor 3,000 beds in the acute hospital system.Government policy has tackled this in the follow-ing ways. Funding has been provided to open anadditional 900 inpatient beds and day places inacute hospitals. To date, 806 beds are in place andthe remaining beds to come on stream over thecoming months. A further 450 acute beds/dayplaces are in various stages of planning anddevelopment under the Capital InvestmentFramework 2005-2009. I launched an initiativewhich will provide up to 1,000 beds for publicpatients over the next five years. Tax reliefs pro-vided under the Finance Act have been successfulin attracting additional private capacity. Thenational treatment purchase fund has used capa-city in the private hospital sector to treat some35,000 public patients who have been waitinglongest for admission to hospital.

On foot of my initiative to provide up to 1,000beds for public patients over the next five years,I have asked my Department and the HealthService Executive to review public capacityrequirements in the acute hospital sector in thelight of developments since the health strategyand the progress of this initiative. My Depart-ment is in discussion with the Department of Fin-ance regarding the provision of community basedcapacity for older people. Both Departments inrecent times have discussed the possibility of pro-viding 850 beds under a public private initiativeand more recently have been looking at an optionof providing additional capacity under a servicelevel agreement.

This would take the form of the Health ServiceExecutive working closely with the private sectorto provide the extra long-term beds for olderpeople with a high to maximum dependency. Theprivate providers would work to general admis-sion and policy criteria set down by the executiveover, for example, a five to seven year contractperiod. The present position is that the depart-mental discussions are proceeding around theservice level agreement concept.

Up to 90-95% of people’s health care needs arecapable of being met in the primary care settingand, to enable this to happen, it is necessary tocontinue to develop and enhance the range ofservices available in the community. I am com-mitted to doing this in line with the principles setout in the strategy, “Primary Care: A New Direc-tion”. Implementation of the strategy will requirethe development of new ways of working and thereorganisation of resources already in the system,both those in the statutory sector and those con-tracted to provide services, in line with the servicemodel described in the strategy. It is in that con-text that additional resources can be deployed tobest effect.

Services for People with Disabilities.

139. Ms C. Murphy asked the Tanaiste andMinister for Health and Children the additionalprovision which is being made by her for servicesthat will be required following the coming intooperation of the Disability Act 2005; the locationsand facilities in which these services will be pro-vided; and if she will make a statement on thematter. [28944/05]

Tanaiste and Minister for Health and Children(Ms Harney): I believe the Deputy is referring tothe services which will be put in place as a resultof the multi-annual investment programmeannounced as part of the national disabilitystrategy, which includes the Disability Act 2005.The multi-annual investment programme is beingintroduced to support the development of highpriority disability services over the period 2006-


[Ms Harney.]

09. The cumulative additional spend over thisperiod will total almost \900 million.

Additional revenue funding of \70 million andcapital funding of \60 million provided in 2005for services for people with physical, sensory,intellectual disabilities, autism and mental illnessis being used to put in place a broad range of newand enhanced services throughout the country.These include, amongst others, new residential,respite,day and home support services, togetherwith enhanced access to child and adolescentmental health treatment services.

As part of my Department’s Estimates dis-cussions with the Department of Finance, anincrease in funding is being sought in 2006 toachieve the targets set out for residential, respite,day and other services and for other key supportsrequired which were not provided for in themulti-annual investment programme. Thelocations and facilities in which these services willbe provided are a matter for the Health ServiceExecutive.


140. Mr. Stagg asked the Tanaiste and Ministerfor Health and Children if her attention has beendrawn to the 30 beds in Hume Street Hospitalthat will not be replaced when the hospital closes;if her attention has further been drawn to the factthat those 30 beds are in constant use and thatthere is a 17 month waiting list; if her attentionhas further been drawn to the fact that bookingsare still being taken in view of the forthcomingclosure of the facility; and if she will make a state-ment on the matter. [28813/05]


141. Mr. M. Higgins asked the Tanaiste andMinister for Health and Children the positionregarding the proposal that St. Bricin’s MilitaryHospital will be used to help relieve pressure onthe Mater Hospital; if this proposal will be feas-ible in view of the estimated cost of up to \25million for the refurbishment of St. Bricin’s; andif she will make a statement on the matter.[28793/05]

Tanaiste and Minister for Health and Children(Ms Harney): Representatives from my Depart-ment and the Health Service Executive made a

number of site visits to St. Bricin’s MilitaryHospital to review the facilities and to considerthe feasibility of the hospital being utilised forpublic health purposes. Following detailed con-sideration, the view was that St. Bricin’s was notsuitable for use as an acute or sub-acute facility.I visited the hospital myself last July and I agreethat it is unsuitable for this purpose.


142. Ms Lynch asked the Tanaiste and Ministerfor Health and Children if her attention has beendrawn to concerns that the failure to provideadequate funding for the supports necessary forolder persons to remain in their own homes wasincreasingly forcing many of them into nursinghomes; if her attention has further been drawn tothe significant reduction in the number of homehelp hours in different parts of the country andthe substantial waiting lists for the home caregrant; if additional funding will be provided forboth of these services; if she will publish the totalhours for home help services in 2002, 2003 and2004 in respect of each county; and if she willmake a statement on the matter. [28798/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Deputy’s ques-tion relates to the management and delivery ofhealth and personal social services, which are theresponsibility of the Health Service Executiveunder the Health Act 2004. Accordingly, theDepartment has requested the parliamentaryaffairs division of the executive to arrange to havethis matter investigated and to have a reply issueddirectly to the Deputy.




145. Mr. Stanton asked the Tanaiste and Mini-ster for Health and Children if her Departmentis conducting any research into the numbers andneeds of children who are carers of parents orsiblings with disabilities; if such research is notcurrently underway, if she will commission suchresearch; and if she will make a statement on thematter. [28945/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): My Departmentis not currently conducting research into thenumbers and needs of children who are carers ofparents with disabilities and does not have anyplans at present to do so in the immediate future.



146. Aengus O Snodaigh asked the Tanaisteand Minister for Health and Children if herDepartment is represented on the high levelgroup on early childhood care and education andwhen it is expected to report to the Cabinet com-mittee on children. [26487/05]

Minister of State at the Department of Healthand Children (Mr. B. Lenihan): The high levelworking group on early childhood care and edu-cation to which the Deputy refers was establishedby the Cabinet committee on children in June2003. The director of the National Children’sOffice, NCO, which is part of my Department,chairs the group. The terms of reference of thegroup are “to recommend an integrated nationalpolicy on child care and early education whichwill result in improved co-ordination at nationaland local level and which incorporates a childcentred approach to service delivery.”

Members of the group initially comprised rep-resentatives from the Department of Educationand Science, Department of Health and Children,Department of Justice, Equality and LawReform, Department of Social and Family Affairsand the Centre for Early Childhood Develop-ment and Education. In April 2005, the high levelworking group prepared an interim report for theCabinet committee. At that stage, it was agreedthat the Department of Finance and the Depart-ment of Enterprise, Trade and Employmentshould join the group.

The Taoiseach’s office has liaised closely withthe group and while not a formal member, it hasparticipated in the deliberations of the groupsince then, attending the majority of meetings ofthe group. A second interim report was preparedfor the Cabinet committee in July 2005. TheCabinet committee on children received anoptions paper from the group in early Octoberand this is being considered at present.

Health Services.

147. Mr. P. Breen asked the Tanaiste and Mini-ster for Health and Children if it is Governmentpolicy to provide hospice care for persons dyingin the home; if so, if it is available nationwide;under what criteria can this care be accessed; andif she will make a statement on the matter.[28897/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The HSE hasadvised that there were 22 home care teamsthroughout the country at the end of 2004 provid-ing services to the ten former health board areas.The HSE has estimated that the total number ofpatients who accessed palliative care services pro-vided by the home care teams was 7,203, with anestimated 95,000 home visits.

The HSE has advised that criteria for accessingpalliative care services are based on the needs ofthe person with regard to their medical condition.However, a patient’s medical condition maydeteriorate to the extent that it may necessitateadmission to hospital or specialist inpatient unitsfor intensive medical and nursing care. In thisregard, the HSE has advised that there are eightspecialist palliative care inpatient units across thecountry and there are a number of inpatient unitsand satellite units at varying stages of operationand planning. There are in the region of 116 des-ignated support beds available for patients need-ing palliative care in various community hospitalslocated throughout the country.

The HSE has further advised that one of thekey priorities for it and for voluntary agencies isthe continued development of integrated special-ist palliative care services. This includes pro-gressing with the design, planning and develop-ment of further inpatient and satellite units,increased availability and scope of home careteams nationally and further development of dayservices and bed capacity at community hospitals.

Fluoridation of Water.

148. Mr. Eamon Ryan asked the Tanaiste andMinister for Health and Children the reason areply to Professor Connett’s 50 questions on flu-oridation on her Department’s website was notsigned; the person who wrote this piece; and ifshe will make a statement on the matter.[28964/05]

Tanaiste and Minister for Health and Children(Ms Harney): The forum on fluoridation con-sidered Professor Connett’s document, entitled“50 reasons to oppose fluoride”. The forumundertook to respond to the document but thereport of the forum was finalised before it hadtime to respond. My Department agreed, at therequest of the forum, to commission the OralHealth Services Research Centre in Cork to com-pile a response to Professor Connett’s “50reasons to oppose fluoride”. The comprehensiveresponse to Professor Connett’s document waspublished on my Department’s website on 4May 2005.

Hospital Services.

149. Mr. Penrose asked the Tanaiste and Mini-ster for Health and Children if her attention hasbeen drawn to the 30,000 plus patients who weredischarged from hospitals in 2004 only to be re-admitted within a week; if her attention has beendrawn to the fact that many are discharged aheadof time due to hospital overcrowding and press-ures on accident and emergency departments;and if she will make a statement on thematter. [28806/05]


Tanaiste and Minister for Health and Children(Ms Harney): My Department is aware that in2004 some 32,000 patients were readmitted tohospitals within one week of discharge. This fig-ure is derived from the hospital in-patientenquiry, HIPE, system which gives details ofactivity in all publicly funded acute hospitals inthe State. HIPE data only allow the identificationof a readmission if it is to the same hospital asthe original admission. The above figure includesall inpatient readmissions, that is, readmissionsfor the same condition, for an unrelated conditionand planned readmissions, and excludes daycases. The figure of 32,000 represents just over3% of the total number of patients discharged in2004.

The timing of a patient’s discharge fromhospital is a clinical matter where decisions aremade by doctors who are acting in the bestinterests of their patients.




MRSA Infection.

153. Mr. Costello asked the Tanaiste and Mini-ster for Health and Children if she will providethe figures in respect of the number of cases ofMRSA in each of the past three years and to datein 2005; the number of fatalities attributable toMRSA; the steps that are being taken to reducethe incidence of MRSA; if her attention has beendrawn to the view expressed by top managementin the main teaching hospitals in Dublin thatmeasures to improve facilities and tackle over-crowding in hospitals will be required to deal withMRSA; and if she will make a statement on thematter. [28789/05]

Tanaiste and Minister for Health and Children(Ms Harney): Methicillin-resistant staph aureus,MRSA, can exist without affecting peoples healthand information on the prevalence of suchasymptomatic carriage is not routinely reported.For the purposes of the surveillance, preventionand control of this infection, however, the healthprotection surveillance centre collects data onMRSA bacteraemia, also known as bloodstreaminfection or “blood poisoning”, as part of theEuropean antimicrobial resistance surveillancesystem, EARRS. EARSS collects data on the firstepisode of blood stream infection per patient perquarter. EARSS was designed to allow compari-son of antimicrobial resistance data betweencountries and possibly regions but not between

hospitals. In 2001, there was 337 reported casesof MRSA bloodstream infection, 445 cases in2002, 480 cases in 2003 and 550 cases in 2004. Thefigure for the first six months of 2005 is 314 cases.

I have already asked the Health Service Execu-tive to develop systems and methodologies ofreporting of MRSA infections by hospital so thatwe may have a fuller picture of the location andextent of these infections. It is difficult to identifythe number of fatalities attributable to MRSA asmany people also have significant co-morbidityfactors. The prevention and control of hospitalacquired infections, HAIs, including MRSA, is apriority issue for the HSE. Effective infectioncontrol measures, including environmentalcleanliness and hand hygiene, are central to thecontrol of hospital acquired infections, includingdrug-resistant organisms such as MRSA.

The HSE health protection surveillance centrehas published guidelines on hand hygiene andguidelines on the control of MRSA for hospitaland community settings. These significant docu-ments give clear policy and practice guidance tohealth care workers on the control of hospitalacquired infections, including MRSA. Good handhygiene is one of the simplest and most effectivemeasures that can be used to stop the spread ofMRSA and other infections. Attitudes and prac-tices need to change in health care environmentsto ensure that basic standards of hygiene apply.

The national hygiene audit has been completedand I expect to receive a report shortly from thedirector of the national hospitals office. Theresults of the audit will form the basis for thechanges that are required in both work envir-onments and work practices so as to meet thehighest possible standards of cleanliness inhospital settings. The results of the hygiene auditwill be made public.

The HSE will also publish national infectioncontrol standards and national cleaning standards— a consistent and robust set of hygiene stan-dards for hospitals. Where previously standardsmay have depended on the approach of a part-icular hospital or health board, the HSE can nowensure every hospital will share and meet thesame high standards of cleanliness and infectioncontrol. Measures to improve facilities and tackleovercrowding in hospitals are being taken as partof the capital investment framework which hasand will continue to provide new and improvedinfrastructure in hospitals all around the country.

My Department is continuing to engage withthe HSE to agree on a series of actions over thenext period of time so that MRSA can be effec-tively dealt with so as to see a reduction in theincidence and effects of these infections.

Hospital Services.

154. Ms Burton asked the Tanaiste and Mini-ster for Health and Children if her attention has


been drawn to the decision of the Mater HospitalDublin to defer approval of testing of an anti-cancer drug due to the fact that it required thoseinvolved to use contraception; her response to themove; the steps she will take to ensure that nowoman is denied access to potentially life savingtreatment through the use of such drugs; and ifshe will make a statement on the matter.[28784/05]

189. Mr. Gogarty asked the Tanaiste and Mini-ster for Health and Children if she has a record ofthe membership of ethics committees of hospitalsthat are in receipt of State funding; if she keepsa record of decisions taken by those committeesin hospitals that are in receipt of State funding;her views on whether such committees should beselected if the patient’s best interests are to beparamount; and if she will make a statement onthe matter. [28967/05]


I am, of course, aware of the concerns thathave been expressed about the Mater Hospitaland the trial of an anti-cancer drug. Officials inmy Department have written to the chairpersonof the Mater Hospital ethics committee in regardto this matter and I will review the position whenhis reply is received.

The European Communities (Clinical Trials onMedicinal Products for Human Use) Regulations2004, S.I. 190 of 2004, govern the conduct of clini-cal trials on medicinal products for human use. Iam arranging to have copies of these regulationsforwarded to Deputy Burton and to DeputyGogarty.

Ethics committees established under the regu-lations are required to be independent, consistingof health care professionals and lay members andto have responsibility for protecting the rights,safety and well-being of those involved in a trial— which is a paramount consideration. They arealso required to provide a public assurance of thatprotection by, among other things, expressing anopinion on the trial protocol, on the suitability ofthe investigators, on the adequacy of the facilities,on the availability of insurance, indemnity orcompensation and on the methods and docu-ments to be used to inform those participating inthe trial and to obtain their informed consent.

Ethics committees are required to submitannual reports to my Department detailing theiractivities during the year. These reports arerequired to include a list of applications foropinions in respect of clinical trials and thedecisions made by committees on these trials.


155. Ms Lynch asked the Tanaiste and Minister

for Health and Children her proposals to con-tinue the roll out of BreastCheck; the proportionof the population which is currently covered;when the service will be available in all areas ofthe country and to all women; and if she willmake a statement on the matter. [28797/05]

194. Mr. Naughten asked the Tanaiste andMinister for Health and Children the steps shewill take to introduce a breast screening prog-ramme throughout the country; and if she willmake a statement on the matter. [28602/05]


BreastCheck, the national breast screeningprogramme, commenced in 2000 and currentlycovers the eastern, north-eastern, midland andpart of the south-eastern regions of the country.There are approximately 160,000 in the target agegroup in these regions.

The roll out of the national breast screeningprogramme to the remaining regions in the coun-try is a major priority in the development of can-cer services. A design team has been appointedto work up detailed plans for two new clinicalunits, one at the South Infirmary/VictoriaHospital, Cork and one at University CollegeHospital, Galway. It is anticipated that, subject toobtaining satisfactory planning approval, thedesign process, including the preparation of thetender documentation, will be completed by mid-2006. Approximately \21 million capital fundinghas been made available and my Department is indiscussions with BreastCheck about the revenuerequirements for the programme.

There are approximately 130,000 women in thetarget population for screening in the southernand western regions and it is expected that scre-ening will commence in these regions in 2007.This will ensure that all women in the 50 to 64age group in every county have access to breastscreening and follow up treatment whereappropriate.

When the national roll out of the programmeis sufficiently developed and it is assured that aquality service is being delivered at national level,consideration will be given to including olderwomen and continuing the screening of womenin the programme who have reached 65 years ofage. There is no evidence of the value of popu-lation based breast screening programmes forwomen under 50 years of age and there are noplans to extend the programme to this age group.Any woman, irrespective of her age or residence,who has immediate concerns or symptoms shouldcontact her GP who, where appropriate, will referher to the symptomatic services in her area.


Suicide Incidence.

156. Mr. Neville asked the Tanaiste and Mini-ster for Health and Children her views on the“Reach Out” report on suicide prevention.[28950/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): “Reach Out” —a national strategy for action on suicide preven-tion — was launched by the Tanaiste on 8September this year. This strategy builds on thework of the national task force on suicide, 1998,and takes account of the efforts and initiativesdeveloped by the former health boards and thevoluntary sector in recent years. In the course ofthe development of the strategy, wide rangingconsultation took place throughout the country todraw on the experience, perspectives and ideasof the key stakeholders and interested parties. Ibelieve that this consultation process, combinedwith continuous monitoring of evidence and bestpractice, has allowed for both an evidence basedand pragmatic approach to be taken to effect realchange over the next five to ten years.

The strategy takes a combined public healthand high risk approach to the issue of suicide pre-vention. Four levels of action comprise the mainbody of the report. These can be categorised as:a general population approach, a targetedapproach, responding to suicide and informationand research. At each level, action areas havebeen identified — 26 in total — and specificpoints of action have been identified to beimplemented in three phases over the comingyears.

The Health Services Executive, HSE, will takea lead role in overseeing the implementation ofthe strategy, in partnership with statutory andvoluntary organisations. Driving the implemen-tation of the strategy will be a new national officefor suicide prevention. The strategy is based onextensive consultation, sound evidence and inter-national best practice. It is practical and achiev-able. It is evidence of this Government’s determi-nation to take whatever steps we can to reducethe level of suicide in our society and it willenable us to do that in a more comprehensive, co-ordinated and cohesive manner.

In addition to existing funding, a further \0.5million has been allocated for the remainder ofthis year to commence the implementation of thenational strategy for action on suicide preventionand funding for 2006 is currently under consider-ation in the context of the Estimates process.Additional funding allocations will be made avail-able over the coming years to support the strategyand to complement local and national efforts.

Hospital Services.

157. Mr. McGinley asked the Tanaiste and

Minister for Health and Children her plans toimprove cancer treatment in general, especiallyaccessibility to radiotherapy for Donegal cancerpatients; and if she will make a statement on thematter. [28941/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Government is committed tomaking the full range of cancer services availableand accessible to cancer patients throughoutIreland in line with best international standards.It is important to build teams of highly expertclinicians working together to deliver top qualitycancer care to cancer patients. To this end, wewill provide considerable investment in oncologyservices in the coming years. We will build on thesubstantial investment in cancer care since 1997which has resulted in the funding of over 100additional consultant posts in key areas of cancercare and over 327 cancer care nurses throughoutthe country.

BreastCheck, the national breast screeningprogramme, covers the eastern, north-eastern andmidland regions of the country. The expansion ofthe programme to the south east has commencedand screening services are now available in coun-ties Wexford and Carlow. The roll out to CountyKilkenny will commence in 2006.

The roll out of the programme to the remainingregions in the country is a major priority in thedevelopment of cancer services. A design teamhas been appointed to work up detailed plans forthe construction of two new BreastCheck clinicalunits, one at the South Infirmary/VictoriaHospital, Cork and the other at UniversityCollege Hospital, Galway. It is anticipated that,subject to obtaining satisfactory planningapproval, the design process, including the prep-aration of the tender documentation, will be com-pleted by mid-2006. Approximately \21 millioncapital funding has been made available and myDepartment is in discussions with BreastCheckabout the revenue requirements for the prog-ramme. There are approximately 130,000 womenin the target population for screening in thesouthern and western regions and BreastCheck isconfident that the target date of April 2007 forthe commencement of the roll out will be met.

I am committed to the roll out of the nationalcervical screening programme in line with inter-national best practice. Following the publicationof the international expert’s report on the feasi-bility and implications of a national roll out, myDepartment undertook a consultative processwith relevant professional and advocacy stake-holders. My Department will now discuss optionsfor a national roll out of the programme with theHealth Service Executive.

The Government’s policy on radiationoncology is based on the report, “The Develop-ment of Radiation Oncology Services in Ireland”.Recent developments in Cork and Galway have


resulted in the provision of an additional five lin-ear accelerators and the appointment of anadditional five consultant radiation oncologists.Last July, I announced the Government’s plan fora national network of radiation oncology servicesto be put in place by 2011 and commencing in2008. The network will consist of four largecentres in Dublin, Cork and Galway and two inte-grated satellite centres at Waterford RegionalHospital and Limerick Regional Hospital.

The Government considers that the best optionin terms of improving geographic access forpatients in the north-western area is to facilitateaccess for those patients to radiation oncologyservices as part of North/South co-operation oncancer. I have already met the Minister forHealth for Northern Ireland, Mr. Shaun Wood-ward, MP, to discuss access by patients, mainly inthe north west, to radiation oncology services atBelfast City Hospital. I will meet with him againshortly to further progress the Government’sposition on radiation oncology. Officials of myDepartment will also meet shortly with officialsof the Department of Health, Social Services andPublic Safety, Northern Ireland.

The national cancer forum is currently finalis-ing a new national cancer strategy. The strategyhas been developed in consultation with majorstakeholders, including professional and volun-tary groups and the general public, and will haveregard to the multi-faceted aspects of cancer con-trol. The strategy will set out the key prioritiesfor the development of cancer services over thecoming years and will make recommendations ona balanced organisation of cancer servicesnationally, with defined roles for hospitals in thedelivery of cancer care. I expect the national can-cer forum to submit the new cancer strategy tome by the end of the year. On receipt, myDepartment will assess the policy implications,including costs, and I will then bring the new can-cer strategy to Government.

Health Education.

158. Mr. Stanton asked the Tanaiste and Mini-ster for Health and Children her views on the roleof her Department in encouraging citizens, inparticular adults, to maintain an active lifestyle;the initiatives she has to encourage participationin sport to combat the steady rise in obesity levelsin recent years; the success of same; and if shewill make a statement on the matter. [28960/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): Physical activity isimportant for health, well being, disease preven-tion and treatment. The almost \60 millioninvested by the Government in recent yearstowards the implementation of the cardiovascularhealth strategy has helped put much of the infra-structure in place to address obesity prevention.

Part of this funding provided for the appointmentfor the first time of physical activity co-ordinatorsthroughout the Health Service Executive areas.

The 2004 national public awareness campaignto tackle obesity and overweight, “Every StepCounts — Small Changes Make the Difference”,highlighted the combined importance of physicalactivity and healthy eating and a similar campaignis planned for November of this year. The reportof the national task force on obesity, published inMay of this year, makes a number of recommend-ations regarding increasing physical activityamong the population, particularly within theeducational setting.


159. Mr. Hayes asked the Tanaiste and Mini-ster for Health and Children the steps and fund-ing she has provided to tackle abuse of the eld-erly; and if she will make a statement on thematter. [28915/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The report of theworking group on elder abuse, “Protecting OurFuture”, was launched on 11 November 2002.One of the recommendations in the elder abusereport is the establishment of a national imple-mentation group, which was established inDecember 2003. Earlier this year the Departmentappointed a senior policy adviser and a secretaryto assist the group in its work and, more recently,the Health Service Executive appointed a seniorofficer to assist the group with implementationissues.

The Government is fully committed todeveloping the services needed to tackle elderabuse and in 2003 provided funding of \0.8 mil-lion to commence the implementation of theelder abuse programme. In 2004, an additional\75,000 was allocated to each health board for itscontinued implementation of the programme andthis year an additional \0.9 million has been allo-cated for the elder abuse programme.

The Health Service Executive advised that ithas implemented a number of recommendationsincluded in the elder abuse report. These includethe establishment of steering groups in eachformer health board area to provide a commonresponse to elder abuse throughout the State.Steering groups comprise representatives fromthe public sector, private organisations and volun-tary organisations, including groups for olderpeople. Steering groups are in the process ofdeveloping clear policies and guidelines for theprotection of vulnerable adults following wideconsultations with staff, and progress their workthrough subgroups on legal aspects, policy andprocedures and training.

The report recommends that a senior caseworker be appointed to each former community


[Mr. S. Power.]

care area and it is anticipated that the HealthService Executive will shortly recruit a seniorcase worker for each local health office area.Among the responsibilities of the senior caseworker, in conjunction with the appropriatehealth service providers, will be the assessment ofsuspected cases of elder abuse referred to thelocal health office area.

The Health Service Executive has also advisedthat awareness training for Health Service Execu-tive staff has been provided in line with para-graph 2.20 of the report and that it has beeninvolved in awareness training with volunteerstaff, including the national senior citizens help-line. The issue of elder abuse is being incorpor-ated into professional training courses, includinggerontology courses. A number of research pro-jects have been undertaken, including the exam-ination and review of medication in older personsin continuing care settings.

Departmental Reports.

160. Mr. Bruton asked the Tanaiste and Mini-ster for Health and Children her views on theFottrell report; and if she will make a statementon the matter. [28899/05]

Tanaiste and Minister for Health and Children(Ms Harney): The arrangements for the provisionof third level primary medical education are, inthe first instance, a matter for the Departmentof Education and Science. The working group onundergraduate medical education and training,Fottrell, submitted its final report to me and mycolleague, Deputy Hanafin, Minister for Edu-cation and Science during the summer. Thereport is under consideration in both our Depart-ments and it is intended to bring it to Govern-ment in due course, in tandem with a separatereport on postgraduate medical education andtraining — the Buttimer report — with a view totheir publication.

Health Services.

161. Mr. English asked the Tanaiste and Mini-ster for Health and Children her plans forimproved rehabilitation services for the elderly;and if she will make a statement on thematter. [28911/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Deputy’s ques-tion relates to the management and delivery ofhealth and personal social services, which are theresponsibility of the Health Service Executiveunder the Health Act 2004. Accordingly, theDepartment has requested the parliamentaryaffairs division of the executive to arrange to have

this matter investigated and to have a reply issueddirectly to the Deputy.

Infectious Diseases.

162. Mr. Quinn asked the Tanaiste and Mini-ster for Health and Children her proposals tocombat a flu epidemic; the timescales involved forthe production and distribution of a vaccine; thenumbers of vaccinations involved; if she has satis-fied herself that an appropriate action plan toexpedite the vaccine for the bird flu strain is inplace; and if she will make a statement on thematter. [28807/05]

180. Mr. Boyle asked the Tanaiste and Ministerfor Health and Children the steps she is taking todeal with the possible flu pandemic; if she hassatisfied herself that Ireland has sufficient stocksof anti-viral drugs at present; the details of cur-rent stocks; and if she will make a statement onthe matter. [28957/05]

268. Ms Fox asked the Tanaiste and Ministerfor Health and Children if she has formulated astrategy to deal with a flu pandemic should oneoccur; the details of this strategy; and if she willmake a statement on the matter. [28991/05]

300. Ms C. Murphy asked the Tanaiste andMinister for Health and Children the measuresshe has taken in preparation for a potential avianflu outbreak here; the measures she proposes totake in the future regarding such an outbreak; ifthese measures are in accordance with WorldHealth Organisation recommendations; and if shewill make a statement on the matter. [29143/05]

309. Mr. Crowe asked the Tanaiste and Mini-ster for Health and Children the action she hastaken since 1 July 2005 to address the threatenedavian flu pandemic; if further stocks of medicinesto combat the threat have been ordered and whenstocks already ordered will come on stream; andif she will make a statement on the matter.[29152/05]

348. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children the way in which itis intended to distribute the stocks of anti-fluvirus drugs available to her in the event of anoutbreak of avian flu; and if she will make a state-ment on the matter. [29519/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.162, 180, 268, 300, 309 and 348 together.

I wish to take this opportunity to clarify thatavian influenza, “bird flu”, is an infectious diseaseof birds caused by the type A strains of the influ-enza virus. The Department of Agriculture andFood is responsible for controlling avian influ-


enza in birds and mammals other than humans.That Department has a contingency plan foravian influenza and all questions relating to thisshould be referred to my colleague, DeputyCoughlan, Minister for Agriculture and Food.

There have been a number of outbreaks inpoultry in Asia since late 2003. Countries cur-rently affected are Viet Nam, Thailand, Cam-bodia, Indonesia, Laos, the People’s Republic ofChina, Kazakhstan, Mongolia and the RussianFederation east of the Ural Mountains. Turkeyand Romania have now been added to this list.According to the World Health Organisation, thespread of the A/H5N1 virus to poultry in newareas is of concern as it increases opportunitiesfor further human cases to occur. However, allevidence to date indicates that the H5N1 virusdoes not spread easily from birds to infecthumans. The WHO level of pandemic alertremains unchanged at phase 3: a virus new tohumans is causing infections, but does not spreadeasily from one person to another.

My Department and the Health Service Execu-tive are closely monitoring avian influenza devel-opments with particular reference to the publichealth implications. Information on avian influ-enza is available on the health protection surveil-lance centre website under the health topicssection and a factsheet for travellers forms partof this information. There are no special travelrestrictions, immunisations or precautions tocountries affected by avian influenza, A/H5N1,because of the presence of that virus. Standardprecautions for travellers are: to avoid contactwith live poultry and wild birds; to avoid visitinglive animal markets and poultry farms; to avoidcontact with surfaces contaminated with animalfaeces; to avoid handling birds found dead; not toeat or handle undercooked or raw poultry, egg orduck dishes; exercise good personal hygiene withfrequent hand washing; do not attempt to bringany live poultry products back to Europe.

The health protection surveillance centreposted the following documents on its website,www.hpsc.ie, on 14 October: Interim guidance forprotection of persons involved in Avian Influenzaoutbreak control and eradication activities inIreland; Interim guidance on public health actionsto be taken on notification of Avian Influenza inanimals in Ireland; Avian Influenza Case Surveil-lance Form. A sub-group of the influenza pan-demic expert group had been working on thisguidance material. It was published on Friday lastdue to the increased concern following confir-mation of H5N1 infection in Turkey.

In addition, interim Irish guidelines on theinvestigation and management of suspectedhuman cases of avian influenza — influenza A/H5— have been circulated to all health care pro-fessionals and are also posted on the HPSC web-site. A clinical management algorithm has beencirculated to hospitals and clinicians on the

appropriate management of travellers returningfrom countries affected by avian influenzapresenting with fever and respiratory symptoms.This will assist in early detection of any influenzaA/H5 cases.

Three times in the last century, the influenzaA viruses have undergone major genetic changes,resulting in global pandemics and large tolls interms of both disease and deaths. The most infa-mous pandemic was “Spanish Flu” which affectedlarge parts of the world population and is thoughtto have killed at least 40 million people in 1918-1919. More recently, two other influenza A pan-demics occurred in 1957, Asian influenza, and1968, Hong Kong influenza, and caused signifi-cant morbidity and mortality globally.

The overall aims of influenza pandemic plan-ning are to reduce mortality and morbidity, andto minimise the resulting disruption to society.However, the consequences of a global pandemicare still likely to be serious. Pandemic planningcan only mitigate the effects. My Department andthe Health Service Executive are working closelytogether on pandemic planning. A detailed planfor response to an influenza pandemic was pre-pared in 2004. This plan is currently beingupdated to reflect the most up to date advice ofthe influenza pandemic expert group and theWorld Health Organisation, WHO. This workhas continued over the summer.

Vaccination will be the primary public healthintervention in the event of an influenza pan-demic. Developments are taking place at inter-national level seeking to expedite the pandemicvaccine production process. A vaccine is indevelopment which could offer some protectionagainst an H5N1 flu strain. International expertsconsider that a stockpile of H5N1 vaccine couldbe used as a first line of defence for prioritygroups while a vaccine against the exact pan-demic influenza strain is manufactured. It wasdecided in August on foot of expert advice that alimited amount of H5N1 vaccine should be pur-chased. It is intended to purchase 400,000 doses,sufficient for 200,000 people. The Department ofHealth and Children is actively pursuing thismatter. H5N1 vaccines will not be available any-where before March/April 2006.

Antivirals can shorten the duration of the dis-ease and alleviate symptoms. We already have anemergency supply of over 45,000 treatment packsof antivirals, Tamiflu, and 10,000 units of paedi-atric suspension. We are stockpiling a further 1million treatment packs of Tamiflu. This quan-tity is sufficient to treat 25% of the population.A total of 600,000 packs will be delivered by theend of this year. The remaining 400,000 packs willbe delivered next year. Plans for the storage anddistribution of antivirals are being developed aspart of the planning process. The size of thestockpile is in line with international trends, forexample, the UK is also building up a stockpile


[Ms Harney.]

to cover 25% of its population. Its stockpile willbe complete by the end of 2006.

I am aware of reports regarding research whichis to be published later this week regarding thepossibility that the use of Tamiflu may havecontributed to the emergence of partial resistanceto the drug in a Vietnamese patient. Thisinteresting study will be considered by the expertgroup in the course of its ongoing work.However, it was already known that the potentialfor drug resistance exists and the situation isbeing monitored. Tamiflu remains the inter-nationally agreed antiviral of choice in the con-text of a pandemic.

It should be noted, however, that pandemicplanning is a dynamic process. This means thatthe strategy for use of antivirals must be keptunder review. In particular, the expert group willneed to review the epidemiological data beforefinal recommendations are decided in the settingof an imminent pandemic. The decision makingprocess will be guided at all times by relevantexpert advice from the European Commissionand the World Health Organisation.

Health Services.

163. Mr. Hayes asked the Tanaiste and Mini-ster for Health and Children if figures will be pro-vided to explain the discrepancy betweenParliamentary Question No. 27 of 7 April 2004and the Health Service Executive’s business plan2005 which shows a cutback of two million hoursof home help in 2004 and 2005; and if she willmake a statement on the matter. [28916/05]


Hospital Services.

164. Mr. McCormack asked the Tanaiste andMinister for Health and Children when Comh-airle na nOspideal will report on the review ofneurosurgery services; and if she will make astatement on the matter. [28923/05]

Tanaiste and Minister for Health and Children(Ms Harney): At the request of the Departmentof Health and Children, a committee was estab-lished by the former Comhairle na nOspideal,currently the national hospitals office/Comhairle,to review the existing arrangements for the pro-

vision of neurosurgical services and consultantstaffing nationally and, following consultationwith the interests concerned, to make recom-mendations on the future organisation anddevelopment of neurosurgical services. MyDepartment has been informed that this commit-tee is in the process of completing its report.


165. Mr. Boyle asked the Tanaiste and Ministerfor Health and Children the progress of theimplementation of a ten point plan to deal withthe accident and emergency crisis; her views onthe assessment of Professor Brendan Drumm thatthe difficulties will exist for another two years;and if she will make a statement on thematter. [28962/05]

174. Mr. Crawford asked the Tanaiste andMinister for Health and Children the progress todate on her ten point plan for the accident andemergency crisis; and if she will make a statementon the matter. [28905/05]

187. Mr. Broughan asked the Tanaiste andMinister for Health and Children if, regarding thepackage of measures announced by her on Esti-mates Day in November 2004 to improve acci-dent and emergency services, the measuresimplemented to date and the timetable for theimplementation of each other planned measure; ifshe has satisfied herself with the rate of progressregarding the serious problems that continue tobe experienced in many accident and emergencyDepartments; and if she will make a statement onthe matter. [28787/05]

328. Mr. Connolly asked the Tanaiste andMinister for Health and Children her views onthe 50% increase in 2005 in patients on trolleysin hospital accident and emergency departments;her proposals to minimise hospital accident andemergency overcrowding during the oncomingwinter months; and if she will make a statementon the matter. [29171/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.165, 174, 187 and 328, together.

The Health Service Executive is advancing theimplementation of a series of measures toimprove the delivery of accident and emergencyservices. These measures take a wide rangingapproach and are aimed at improving access toaccident and emergency services, improving pati-ent flows through accident and emergencydepartments, freeing up of acute beds and provid-ing appropriate longer term care for patients out-side of the acute hospital setting.

A particular focus has been placed on thosepatients in acute hospitals who have completed


their acute phase of treatment and are ready fordischarge to a more appropriate setting. The HSEis making sustained efforts to arrange for the dis-charge of these patients in order to have moreacute beds available in hospital for emergencypatients. The number of delayed discharges in themajor Dublin hospitals now stands at 378. This isthe lowest number since January 2005 and hasbeen achieved as a result of the various measuresbeing implemented to improve the delivery ofaccident and emergency services.

The following is the current position regardingthe implementation of these measures. In the careof the elderly area, 48 high dependency beds havebeen contracted in private nursing homes forthose patients with more demanding care needs.A total of 318 patients have been discharged to95 intermediate care beds for six to eight weekstays since contracts with private providers com-menced in May. Seventy long-term patients in St.Mary’s in the Phoenix Park are being identifiedin consultation with clinicians and families fortransfer to private nursing homes. These beds willallow for the discharge of 35 patients each fromthe Mater and Beaumont Hospitals. A further 65patients have been transferred to private nursinghomes pending the re-opening of 65 public long-stay beds which were closed in nursing facilitieson the southside of Dublin. Additional homecarepackages and enhanced subventions have facili-tated the discharge of 246 and 94 patients respec-tively in the Dublin area. It is recognised that arange of short-term, medium-term and long-termmeasures are needed which transcend theimmediate operational issues in accident andemergency departments and which are integrallylinked to the development of primary careservices and support services for the elderly. MyDepartment and the Health Service Executivewill continue to work closely to maintain a focuson the implementation of system-wide measuresto improve the delivery of accident and emer-gency services.

Vaccination Programme.

166. Mr. Cuffe asked the Tanaiste and Ministerfor Health and Children the total cost to the Stateof immunisation programmes; the immunisationinjections which are available; and the breakdownfor the cost of each to the Exchequer and whichcompanies benefit; and if she will make a state-ment on the matter. [28968/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-sonal social services which are the responsibilityof the Health Service Executive under the HealthAct 2004. Accordingly, my Department requestedthe parliamentary affairs division of the executiveto arrange to have this matter investigated. The

Health Service Executive has advised that it wasnot possible to collate the relevant informationwithin the time available. I will arrange to havethe information requested forwarded directly tothe Deputy.

Organ Retention.

167. Ms B. Moynihan-Cronin asked theTanaiste and Minister for Health and Childrenthe reason the organ retention inquiry is the onlyinquiry in the history of the State that has beenabandoned before reaching a conclusion; thesteps taken by her to ensure that no human tissueor organs will ever again be retained during postmortem and used for research or teaching or soldto any pharmaceutical company or other insti-tution without full informed consent of the nextof kin; and if she will make a statement on thematter. [28800/05]

Tanaiste and Minister for Health and Children(Ms Harney): Following a review of all inquiriesby the Attorney General during mid-2004, theGovernment decided in September 2004 that theDunne post mortem inquiry should submit itsreport on or before 31 March 2005, on which datethe inquiry would cease to exist. The chairman,Ms Anne Dunne SC, submitted her report on thedue date. However, following consultation withthe Attorney General, I was advised that for legalreasons the report could not be published. On 3rdMay 2005 the Government approved the appoint-ment of Dr. Deirdre Madden BL, to complete afinal report on post mortem practice and pro-cedure. I expect Dr. Madden to present herreport on 21 December 2005.

In late 1999, my Department wrote to all healthboards and hospitals requesting that they ensurethat a policy of informed consent should operatein regard to the retention of organs following postmortem examination, pending the issue of guide-lines by the faculty of pathology. These guidelinesfor post mortem consent and retention of tissuesat post mortem examination were issued by thefaculty in February, 2000.

The Health Service Executive has confirmedthat guidelines and protocols are in place forfamilies in regard to both coroners’ and non-cor-oners’ post mortems. In accordance with theseguidelines, families are to be informed whenretention takes place in a coroner’s post mortemand permission is to be sought to retention in thecase of a non-coroner’s post mortem.

European Directive 2004/23/EC requiresmember states to endeavour to ensure voluntaryand unpaid donation of tissues and cells forhuman applications. The directive which must betransposed into national law by 7 April 2006, willalso make informed consent mandatory.




169. Mr. Kenny asked the Tanaiste and Mini-ster for Health and Children the alternative fund-ing for care which is available to parents of babieswho were brain damaged at birth besides goingto the courts; and if she will make a statement onthe matter. [28922/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): The HealthService Executive, HSE, provides a range ofservices including home support and personalassistance services, aids and appliances, therapyservices etc. for babies who suffered braindamage at birth. The HSE also funds agencies toassist families. My Department is considering thefuture funding of early intervention multi-disciplinary funding for children in the context ofthe 2006 Estimates process.

The Deputy’s question relates to the manage-ment and delivery of health and personal socialservices, which are the responsibility of theHealth Service Executive under the Health Act2004. Accordingly, my Department has requestedthe parliamentary affairs division of the executiveto provide further information on this matterdirectly to the Deputy.



171. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children the cost of each ofthe reports, consultancies or public relations con-tracts commissioned by her in the past sevenyears; the subsequent action taken on footthereof; the possible benefit to the consumer; andif she will make a statement on the matter.[28940/05]

Tanaiste and Minister for Health and Children(Ms Harney): The information requested is beingcollated in my Department and will be forwardeddirectly to the Deputy as soon as possible.


172. Ms B. Moynihan-Cronin asked theTanaiste and Minister for Health and Childrenthe steps she is taking to address the serious risein the incidence of prostate cancer; her plans forthe introduction of a national screening service tocombat prostate cancer; and if she will make astatement on the matter. [28799/05]

Tanaiste and Minister for Health and Children(Ms Harney): The most recent report from the

National Cancer Registry, Cancer in Ireland1994-2002, estimates the annual incidence ofprostate cancer to have increased by 5% overthe period.

A new national cancer strategy is currentlybeing finalised by the National Cancer Forum, amultidisciplinary group of experts in oncology. Aspart of this work, the forum has reviewed allissues relating to screening, including examiningspecific diseases such as prostate and colorectalcancer. The forum has also developed criteriaagainst which all future screening programmeswill be assessed.

In regard to screening for prostate cancer, Iunderstand that the forum will decide that thereis currently insufficient evidence to recommendthe introduction of a population based prostatescreening programme. This issue should be reas-sessed when the results are available from ran-domised control trials currently being conductedinternationally.

This position is consistent with the recom-mendations adopted by the European Unionwhich advocate the introduction of cancer screen-ing programmes which have demonstrated theirefficacy having regard to professional expertiseand priority setting for health care resources. Theproposals do not provide for specific recommend-ations in respect of screening for prostate cancer.

Appropriate treatment for men diagnosed withprostate cancer is available at major hospitalsthroughout the country. Any man who has con-cerns about prostate cancer should contact his GPwho will, where appropriate, refer him to theappropriate services in his area.


173. Mr. Deenihan asked the Tanaiste andMinister for Health and Children her plans forimproved services at the accident and emergencydepartment of Kerry General Hospital, Tralee,County Kerry; and if she will make a statementon the matter. [28947/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-sonal social services, which are the responsibilityof the Health Service Executive under the HealthAct 2004. Accordingly, my Department hasrequested the parliamentary affairs division ofthe executive to have a reply issued directly tothe Deputy.


North-South Bodies.

175. Mr. Ferris asked the Tanaiste and Ministerfor Health and Children when the National


Health Consultative Forum will be convened; theproposed composition of the forum; if she willprovide for representation for persons inNorthern Ireland on the forum; and if she willmake a statement on the matter. [28893/05]

Tanaiste and Minister for Health and Children(Ms Harney): Section 41 of the Health Act 2004provides for the convening of a National HealthConsultative Forum to advise me, in my capacityas Minister, on matters relating to the provisionof health and personal social services as definedin the Act.

This forum will replace the National Consulta-tive Forum on the Health Strategy which hasbeen convened annually since 2002. The strategyforum will be held in December this year. Thestrategy forum participants are primarily drawnfrom senior management in the health system, thevoluntary sector, patient and client groups,service providers, trade unions, professionalbodies, Departments and other sectoral interests.

My Department is currently preparing a minis-terial order in regard to the membership, rulesand procedures of the National Health Consulta-tive Forum. While its composition has yet to bedecided by me, it is envisaged, having regard tothe provisions of the Act, that its membership willbe on similar lines to the existing strategy forum.



Ambulance Service.

178. Mr. Naughten asked the Tanaiste andMinister for Health and Children the action shewill take to improve the ambulance service in thewest; and if she will make a statement on thematter. [28600/05]



179. Mr. Allen asked the Tanaiste and Ministerfor Health and Children her views on putting trol-leys from accident and emergency into existingwards in hospitals to relieve the ongoing pressurein accident and emergency around the country;

and if she will make a statement on thematter. [28896/05]

Tanaiste and Minister for Health and Children(Ms Harney): My Department is aware that pro-posals are being formulated by at least oneDublin hospital to put additional beds on certainwards in order to ease overcrowding in the acci-dent and emergency department. These proposalshave been drafted in the light of the Health andSafety Authority’s report on certain accident andemergency departments earlier this year whichrecommended that hospitals address over-crowding in their accident and emergency depart-ments in the context of overall hospital capacity.It is a matter for each individual hospital to con-sider how best to address capacity issues and todevelop the appropriate protocols and pro-cedures for such measures in consultation withclinicians and nursing staff. Any measures thatimprove services for patients, and their experi-ence of hospital services, will have my fullsupport.



181. Mr. O’Shea asked the Tanaiste and Mini-ster for Health and Children her proposals toprovide an adequate number of residential placesfor intellectually disabled or autistic personspresenting with seriously violent challengingbehaviour in the family home. [28599/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): The Deputy’squestion relates to the management and deliveryof health and personal social services, which arethe responsibility of the Health Service Executiveunder the Health Act 2004. Accordingly, myDepartment has requested the parliamentaryaffairs division of the executive to arrange to havethis matter investigated and to have a reply issueddirectly to the Deputy.

Hospital Services.

182. Ms Shortall asked the Tanaiste and Mini-ster for Health and Children if her attention hasbeen drawn to the fact that suicidal children areending up in adult psychiatric wards; her plansfor the provision of psychiatric services for youngpersons, especially those at community level; ifeating disorders will be considered under the newDisability Bill; and if she will make a statementon the matter. [28802/05]

Tanaiste and Minister for Health and Children(Ms Harney): I am aware of concerns expressedregarding the practice of admitting children to


[Ms Harney.]

adult psychiatric units. I accept that the place-ment of children with mental health problems inadult facilities is inappropriate.

The First Report of the Working Group onChild and Adolescent Psychiatry, recommendedthat a total of seven child and adolescentinpatient psychiatric units for children rangingfrom six to 16 years should be developedthroughout the country. Project teams have beenestablished to develop child and adolescentinpatient psychiatric units in Cork, Limerick,Galway and one in the Eastern Regional HealthAuthority area at St. Vincent’s Hospital, Fair-view. Approval to tender for design teams for theunits in Cork, Limerick and Galway has beengranted by my Department. At present, inpatientservices for children and adolescents are providedat Warrenstown House, Dublin and at St. Anne’sin Galway.

The working group on child and adolescentpsychiatry also recommended the enhancementand expansion of the overall child and adolescentpsychiatric services as the most effective meansof providing the required service for children withmental illness. This has been a priority for myDepartment in recent years. Since 1997,additional funding in excess of \20 million hasbeen provided to allow for the appointment ofadditional consultants in child and adolescentpsychiatry, for the enhancement of existing con-sultant-led multidisciplinary teams and towardsthe establishment of further teams. This hasresulted in the funding of a further 23 child andadolescent consultant psychiatrists. Nationally,there are now 56 such psychiatrists employed.

Under the new Disability Act, the definition ofdisability is based on the degree of disability andnot on the type of illness. This means that all sev-ere and enduring, or chronic, mental illnesseswould be covered. It is most likely, therefore, thatthe severity of the eating disorder and thepatient’s prognosis would determine eligibility forservices under the Act.

The future direction and delivery of all aspectsof our mental health services, including servicesfor eating disorders and child and adolescent psy-chiatry, will be considered in the context of thework of the expert group on mental health policywhich is due to complete its work before the endof the year.



184. Mr. Noonan asked the Tanaiste and Mini-ster for Health and Children the reason there areso many hip replacements carried out under thenational treatment purchase fund when otherpatients are waiting for an orthopaedic out-

patients appointment for between three and fiveyears; and if she will make a statement on thematter. [28936/05]

Tanaiste and Minister for Health and Children(Ms Harney): The national treatment purchasefund, NTPF, was established as one of the keyactions for dealing with public hospital waitinglists arising from the health strategy. It is used forthe purpose of treating public patients who havebeen waiting longest for surgery. Up to the endof September over 35,000 patients have had treat-ment arranged for them by the NTPF.

The management of outpatient waiting lists is,in the first instance, a matter for the NationalHospitals Office and the individual hospitals con-cerned. However, earlier this year I asked thenational treatment purchase fund, NTPF, toexamine the position with a view to furtherassessing the needs of patients waiting longest onoutpatient waiting lists and the most appropriateclinical pathways and protocols required fortheir care.

As a result the NTPF set up a number of pilotprojects around the country. The intention is thatthe longest waiters in a number of specialties willreceive consultations at outpatient level in privatehospitals. It is envisaged that between 4,000 to5,000 patients will have outpatient appointmentsarranged for them. Monitoring and evaluationarrangements will be put in place by the NTPF inorder to assess the outcome of the outpatientpilot projects. I understand that the pilot projectsare under way and I expect to receive a reportfrom the NTPF in due course.


Proposed Legislation.

186. Mr. Eamon Ryan asked the Tanaiste andMinister for Health and Children the reason shehas decided to abandon the Alcohol Products Billagainst the advice of leading health experts andcontrary to the recommendations of the AlcoholTask Force and the recommendations of the JointCommittee on Health and Children; the length ofperiod for the voluntary code will last before shewill introduce legislation; and if she will make astatement on the matter. [28958/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): My Department hasfor some time had concerns in regard to theadvertising and marketing of alcohol products, inparticular with regard to young people. Theseconcerns relate specifically to the content andplacement of alcohol advertising. One of therecommendations contained in the InterimReport of the Strategic Task Force on Alcohol,STFA, was to reduce the exposure of young


people to alcohol advertisements. In pursuance ofthis recommendation the heads of a Bill weredrafted to restrict alcohol advertising.

In parallel with this process, representatives ofthe advertising, communications, drinks andmedia sectors were informed of the Department’sconcerns and of the proposal to introduce thelegislation. The industry representatives acknow-ledged the Department’s concerns and soughttime to respond on an incremental basis.

Following the industry’s response a code ofpractice has now been agreed which will signifi-cantly reduce the exposure of alcohol advertisinggenerally but particularly to young people whichwas the purpose of the task force recommend-ation. An independently chaired monitoring bodyis to be established to oversee the operation ofthe code. Consequently, it has been decided todelay the introduction of the Bill for the momentpending the implementation and evaluation ofthe code.




Hospitals Building Programme.

190. Mr. Deenihan asked the Tanaiste andMinister for Health and Children when the pro-posed new community nursing unit on thegrounds of Kerry General Hospital will go to ten-der; and if she will make a statement on thematter. [28601/05]


Sports Fatalities.

191. Mr. Wall asked the Tanaiste and Ministerfor Health and Children her views on the risingnumber of sudden deaths of amateur or pro-fessional athletes here while participating in theirchosen sports; the efforts she is making to edu-cate sports clubs, institutions, and organisationsregarding sudden deaths; if specific facilities willbe available at sports fixtures and events to allowtreatment for athletes who may be at risk; and if

she will make a statement on the matter.[28310/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): In September 2004a national task force on sudden cardiac death wasestablished to address the problem of sudden car-diac death in Ireland. The task force, chaired byDr. Brian Maurer, will make recommendationson the prevention of sudden cardiac death and onthe detection of those at high risk. The task forcewill also advise on equipment and training prog-rammes to improve the outcome in those suffer-ing from sudden cardiac collapse and on theestablishment of appropriate surveillancesystems.

I understand the task force has been involvedin widespread consultation with individuals andorganisations, including major sports bodies, andthat a report is currently being finalised. Therecommendations of the task force will informfuture policy in this area.

Medical Cards.

192. Dr. Upton asked the Tanaiste and Mini-ster for Health and Children if her attention hasbeen drawn to a letter by the Health ServiceExecutive stating clearly that medical cardnational assessment guidelines require terminallyill patients to be means tested before being givena medical card; if her further attention has furtherbeen drawn to the fact that despite letters such asthese being sent that representatives of theHealth Service Executive have denied this changehas taken place; and if she will make a statementon the matter. [28809/05]

Tanaiste and Minister for Health and Children(Ms Harney): There has been no change in theeligibility determination process. Since 2001people who are aged 70 or over have a statutoryentitlement to medical cards. Under the terms ofthe Health Act 1970, applications for medicalcards for persons other than those in this groupare a matter to be assessed and decided upon bythe Health Service Executive, HSE, based on arange of measures including the householdincome, particular circumstances and medicalneeds in individual cases.

The HSE has indicated that applications frompersons with a terminal illness have and will con-tinue to be dealt with in as sensitive and com-passionate a manner as possible, with the exerciseof discretion directed towards the needs of appli-cants during what is a very difficult and stressfultime for them and their loved ones.


193. Mr. Howlin asked the Tanaiste and Mini-ster for Health and Children if, in regard to the


[Mr. Howlin.]

commitment given in the national health strategyto provide an additional 3,000 hospital beds, thenumber provided to date, and the hospitals ineach case; the projected number that will be pro-vided before the end of 2005; the number of bedslost since 1997 in each such hospital; and if shewill make a statement on the matter. [28795/05]

Tanaiste and Minister for Health and Children(Ms Harney): On foot of the commitment in thehealth strategy, funding has been provided toopen an additional 900 inpatient beds and dayplaces in acute hospitals. Health agencies haveinformed my Department that as of 14 October2005, 806 beds were in place. The Health ServiceExecutive has informed my Department that theremaining 94 beds/places will come on streamover the coming months. My Department willprovide details separately to the Deputy.

There has been no overall diminution in thenumber of acute hospital beds since 1997. It isimportant to note that the numbers of beds avail-able in any hospital may fluctuate over timedepending on service demands and other factorssuch as seasonal closures and refurbishment.

In addition to the 900 inpatient beds/day placesmentioned, a further 450 acute beds/day placesare in various stages of planning and develop-ment under the capital investment framework2005-09. I announced in July this year an initiat-ive which will provide up to 1,000 additional bedsfor public patients by transferring private activityin the public hospitals to new private hospitals onthe sites of public hospitals.


Nursing Home Charges.

195. Mr. Costello asked the Tanaiste and Mini-ster for Health and Children the informationavailable to her regarding the potential cost tothe Exchequer of the illegal charges for nursinghome care; the progress made to date by theGovernment committee regarding the question ofrepayments; if a decision has been made as towhether the statute of limitations will apply; thereason for the delay in making the repayments inview of her comments earlier in 2005 that pay-ments would be made before the end of 2005;when the legislation will be published; and if shewill make a statement on the matter. [28788/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Government has agreed thekey elements of a scheme for the repayment oflong-stay charges for publicly funded residentialcare. All those who were charged and are aliveand the estates of all those who were charged anddied in the six years prior to 9 December 2004

will have the charges repaid in full. The schemewill not allow for repayments to the estates ofthose who died more than six years prior to thatdate. The repayments will include both the actualcharge paid and an amount to take account ofinflation, using the consumer price index, sincethe time the person involved was charged.

It is expected that the scheme will cost approxi-mately \1 billion and at this stage it is envisagedthat it will run until December 2007. Figures pro-vided by the Health Service Executive show anestimated 60,000 people are likely to be due arepayment. Approximately 20,000 of these areliving and 40,000 relate to estates of deceasedpatients.

Legislation will be brought before theOireachtas as soon as possible to provide a clearlegal framework for the scheme. In the case ofthose who were charged and are still alive, therepayments will be exempt from tax and will notbe taken into account in assessing means forhealth and social welfare benefits. The normal taxand means assessment arrangements will apply tothose who benefit from repayments to estates.

The legislation will include appropriate safe-guards to prevent exploitation of those whoreceive repayments and are not in a position tomanage their own financial affairs. The schemewill include a provision to allow those eligible fora repayment to waive their right to a repaymentand have the money assigned to fund serviceimprovements in elderly, mental health and dis-ability services.

A national oversight committee has beenappointed and has already begun its work. It willprovide independent input into the design of thescheme and will monitor the operation of thescheme to ensure it is being implemented quicklyand in the most equitable and effective waypossible.

The scheme will be designed and managed withthe aim of ensuring that those who are eligiblefor repayments receive them as soon as possibleand with the minimum possible imposition interms of bureaucracy. Priority will be given tothose who are still alive. Many of those eligiblefor repayments have already been identifiedunder the ex gratia payments process. The schemewill include a transparent and thorough appealsprocess.

An outside company with experience in hand-ling mass claims will be engaged by the HealthService Executive, HSE, to design and managethe scheme within the parameters of the key prin-ciples approved by Government. The companyselected will work closely with the HSE to ensurethat the necessary co-operation is forthcoming onrecords held by the health agencies. The HSE hasreceived expressions of interest from a number ofcompanies and these have been short-listed. It isanticipated that the successful company will beselected in November and will begin work on the


design of the scheme. The selection of this com-pany will provide independent input into thedesign and administration of the scheme.

The national helpline set up by the HSE toallow people to register if they believe they aredue a repayment will continue to operate butthere is no need for anyone who has alreadyregistered using this facility to make contact withthe HSE again to register for the scheme.


196. Mr. Allen asked the Tanaiste and Ministerfor Health and Children her plans for improvedrespite care here; and if she will make a statementon the matter. [28910/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Government isvery conscious of the changing demographic pro-file of our population, with more people livinglonger lives and the consequential greaterdemand for services, both community-based andresidential. The Mercer report on the futurefinancing of long-term care in Ireland, which wascommissioned by the Department of Social andFamily Affairs, examined all issues surroundingthe financing of long-term care. Following on thepublication of this report, a working groupchaired by the Department of the Taoiseach andcomprising senior officials from the Departmentsof Finance, Health and Children and Social andFamily Affairs has been established.

The objective of this group is to identify thepolicy options for a financially sustainable systemof long-term care for older people, including res-pite care, taking account of the Mercer report,the views of the consultation that was undertakenon that report and the review of the nursing homesubvention scheme by Professor Eamon O’Shea.This group will be shortly reporting to theTanaiste and the Minister for Social and FamilyAffairs, Deputy Brennan.

Health Services.

197. Mr. Morgan asked the Tanaiste and Mini-ster for Health and Children if she will report onthe progress in providing practical support andjustice to the survivors of symphysiotomy; and ifshe will make a statement on the matter.[28891/05]

Tanaiste and Minister for Health and Children(Ms Harney): My predecessor in the Departmentof Health and Children, Deputy Martin, met theSurvivors of Symphysiotomy, SOS, group in late2003 and agreed that a range of measures wouldbe put in place to support the group. My Depart-ment is advised by the Health Service Executive,HSE, that the current position in this regard is asfollows: the former health boards and the rel-

evant voluntary hospitals appointed liaisonofficers, who met and continue to meet withpatients that have undergone symphysiotomy todiscuss their health care needs; independent clini-cal advice is available, on request, through theliaison personnel, to patients who have under-gone symphysiotomy — this has already beenavailed of by a number of members of SOS andappropriate follow-up has been arranged; anassessment service for patients was established atCappagh Hospital, Dublin — this service is pro-vided by a multidisciplinary team which under-takes an assessment of patients, following whichrecommendations for care pathways are discussedwith individual patients; medical cards have beengranted, based on medical grounds, to SOSpatients who do not have such eligibility; the HSEis finalising arrangements for the issuing ofreplacement medical cards which will contain aspecial patient identifier that will allow for thefast-tracking of patients requiring hospitalappointments and treatments, together with theprovision of certain non-GMS items recom-mended for patients by their general practitionerand/or consultant — the HSE has further advisedthat these cards will be available in the comingweeks; in addition, medical expenses related tosymphysiotomy may be refunded, where neces-sary, to patients in respect of medication orprivate treatments required to address the effectsof symphysiotomy; applications for home helpand modifications are dealt with on an individualbasis and applications are fast-tracked, wherenecessary; independent counselling services areavailable to patients where requested; and infor-mation packs have been made available togeneral practitioners and relevant health carepersonnel.

My Department is further advised that theexecutive is in regular contact with the chair-person of the SOS group, and that she hasexpressed satisfaction with the progress made todate. It is evident from the foregoing that con-siderable progress has been made in putting inplace a comprehensive range of support servicesfor patients who have undergone symphysiotomy.The HSE will continue to oversee the provisionof necessary support services for this patientgroup.

Departmental Investigations.

198. Mr. M. Higgins asked the Tanaiste andMinister for Health and Children the expectedcompletion date of the inquiry, to be chaired byJudge Maureen Harding-Clarke, into the activi-ties of the former Drogheda obstetrician, Dr.Michael Neary; if her attention has been drawnto the call made by a number of victims for theestablishment of a redress board; if she will acton this suggestion; and if she will make a state-ment on the matter. [28794/05]


Tanaiste and Minister for Health and Children(Ms Harney): My Department is advised by theOur Lady of Lourdes Hospital inquiry that thereport of the inquiry is at an advanced stage andis going through a necessary legal process beforeit will be furnished to me.

Last March, I met representatives of PatientFocus, a group representing a number of patientswho attended the maternity unit at Our Lady ofLourdes Hospital, Drogheda. I advised the groupthat I would await the report of the inquirybefore consulting with Government on therequest for the establishment of a redress board.I intend to meet the group again following receiptof the report of the inquiry.


Regional Health Fora.

200. Mr. Ferris asked the Tanaiste and Ministerfor Health and Children if ministerial regulationshave been made under the Health (Amendment)Act 2005 to establish regional health fora; thecomposition of such fora; the level of represen-tation from local government on these fora; thedate of their establishment; and if she will makea statement on the matter. [28892/05]

Tanaiste and Minister for Health and Children(Ms Harney): Section 42 of the Health Act 2004provides for the establishment by the Minister forHealth and Children of not more than fourregional health fora. These fora will comprisemembers appointed from each city and countycouncil within the functional areas of the fora.

The function of a forum, as provided for in the2004 Act, is to make such representations as itconsiders appropriate to the Health ServiceExecutive on the range and operation of healthand personal social services within its functionalarea.

Section 42 provides that details relating to theestablishment, composition and operation of theregional health fora will be set out in regulationsto be made by the Minister for Health and Chil-dren, following consultation with the Minister forthe Environment, Heritage and Local Govern-ment. These regulations are being drafted by myDepartment. It is my intention that they will befinalised as soon as possible so as to enable theregional health fora to be established at an earlydate.


Food Labelling.

202. Dr. Upton asked the Tanaiste and Mini-ster for Health and Children if her attention has

been drawn to concerns expressed by the FoodSafety Authority that some food companies aremisleading the public by falsely claiming thattheir products are free of genetically modifiedingredients; if she will consider the introductionof stricter guidelines regarding labelling; and ifshe will make a statement on the matter.[26447/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Food SafetyAuthority of Ireland, FSAI, is the competentauthority in Ireland for the enforcement of EUlegislation regarding genetically modified, GM,foods. It carries out checks of the marketplace forcompliance with the GM legislation. Under theEU GM food and feed regulation, only author-ised GM foods, or foods containing ingredientsthereof, can be placed on the market. New legis-lation, which came into force in 2004, stipulatesthat persons wishing to place GM foods on themarket must provide material and information toenable testing for specific GM organisms, GMOs,before they may be authorised for marketing. TheGM labelling threshold provided for in the regu-lation requires that a food or ingredient be lab-elled if it has a GM content of more than 0.9%.This labelling threshold is intended to cater foradventitious contamination that may occur as aresult of mixing during production, processing,storage or transport.

The FSAI has carried out a number of surveysof the food supply chain in recent years and hasemployed both the State Laboratory as well as aprivate laboratory to carry out testing of the gen-etic material — DNA — in a range of foods usinga technique called polymerase chain reaction,PCR. One of the uses of this highly sensitive tech-nique is to allow for the testing for the presence,and sometimes the amount, of a GMO present ina food. The EU Joint Research Centre, based inIspra in Italy, has undertaken to standardise howGMOs and derived food and feed are tested usingPCR, and a number of tests have already beendeveloped.

The FSAI’s recently published report concen-trated on its surveillance of foods carrying GM-free labels as this type of label had been identifiedas a potential problem in previous surveys. Termssuch as “non-GM” and “GM-free” are notdefined by EU or national legislation and thusare subject to the general food labelling directivewhich stipulates that labels should not misleadthe purchaser. Therefore, a food labelled to indi-cate that no GM ingredients are present may notcontain any level of GM ingredients.

The results show that a small number of prod-ucts with GM-free labels contained low levels ofGM ingredients. In addition, a number of foodswith GM-free labels had no ingredients that couldbe from a GM source meaning that such labels inthose cases were merely a marketing tool rather


than for consumer information. The FSAI is fol-lowing up on this matter with the companies con-cerned. The FSAI has requested that retailersremove all batches of foods carrying GM freetype labels identified in survey as containingGM ingredients.

In the best interests of the consumer, food busi-ness operators are warned that the FSAI will con-tinue to test foods with GM-free-type labels andthat legal proceedings will be considered whereproducts bearing GM-free-type labels are foundto contain any level of GM ingredients.

Legislative Programme.

203. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children when she will pub-lish the new Medical Practitioners Bill; and if shewill make a statement on the matter. [28920/05]

Tanaiste and Minister for Health and Children(Ms Harney): Work on the drafting of the newMedical Practitioners Bill is ongoing. Consul-tations are taking place between my Departmentand the Medical Council on a number of issuesto be incorporated in the Bill. Following theseconsultations, a second draft of the Bill will bedrafted by Parliamentary Counsel. It is my inten-tion to publish the Bill early next year.


Heart Disease Incidence.

205. Ms Enright asked the Tanaiste and Mini-ster for Health and Children her views on the evi-dence of a geographic inequity for persons withheart disease living in western counties; and if shewill make a statement on the matter. [28913/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): Since the launch of“Building Healthier Hearts” in 1999, approxi-mately \60 million has been invested by theGovernment towards the implementation of thecardiovascular health strategy. This has resultedin substantial improvements in treatment anddetection of heart disease both nationally and inwestern counties.

In the HSE western area two additional con-sultant cardiologist posts have been fundedthrough the cardiovascular health strategy as wellas the necessary infrastructure and facilitiesrequired to support these appointments. A chestpain clinic in University College Hospital,Galway, UCHG, has also been funded as has theemployment of supporting staff providing a struc-tured link between the primary care and hospitalsettings and the rapid diagnosis of angina,enabling further diagnostic tests and treatment as

appropriate. Cardiac rehabilitation is now avail-able in UCHG and Mayo General Hospital.

As a result of the investment through the car-diovascular health strategy there has been a con-siderable increase in the number of certain coron-ary procedures in the HSE western area. Forexample, the figures for coronary arteriographyin 1996 were 3.7 per 10,000 population comparedwith a national average of 16.5. The correspond-ing figure for 2004 was 26.5, compared to anational average of 25.7. There have been similarincreases in other cardiac interventions.



207. Mr. Sargent asked the Tanaiste and Mini-ster for Health and Children when negotiationson the new consultants’ contracts will conclude;and if she will make a statement on thematter. [28959/05]

Tanaiste and Minister for Health and Children(Ms Harney): I welcome the recent statementsfrom the Irish Hospital Consultants Associationand the Irish Medical Organisation that they arewilling to commence negotiations on a new con-sultant contract. While the HSE will obviouslytake the lead role on behalf of management inthe forthcoming negotiations officials from myDepartment will of course participate in the man-agement team and contribute to the process asrequired. I hope talks will be progressed throughan intensive schedule of meetings with muchwork being done in the intervening periods. Itshould be possible to conclude this process withinthree months of commencement.


208. Mr. Morgan asked the Tanaiste and Mini-ster for Health and Children the facilities andsupports made available by her Department to itsstaff to meet their child care needs; and if she willmake a statement on the matter. [28890/05]

Tanaiste and Minister for Health and Children(Ms Harney): The following family friendlyschemes are available to staff in my Department:flexitime gives staff the flexibility of varying theirstarting times between 8 a.m. and 10 a.m. andtheir finishing times between 4 p.m. and 7 p.m.;the Department’s worksharing scheme allowsstaff to avail of a 40%, 50%, 60%, 73%, 75% or80% attendance pattern; maternity leave or adop-tive leave, which enables women to take 18weeks’ paid maternity leave or 16 weeks’ paidadoptive leave with the option of taking a furthereight weeks’ unpaid leave; paternity leave, whichentitles a father to three days’ special leave with


[Ms Harney.]

pay on the birth or adoption of his child; parentalleave, which allows the parent of a child up toeight years to take a block of 14 weeks’ unpaidleave or spread it over a period of time; and theterm time scheme, which allows staff to avail ofeight, ten or 13 weeks’ leave during the summermonths. Salary is either unpaid for the period orpaid pro rata over the year; force majeure leaveentitles a parent to three days’ paid leave in oneyear or five days’ paid leave over three yearsowing to sudden injury or illness of a child; andspecial unpaid leave of two months’ or sixmonths’ duration is available for domesticreasons; a career break facility of between sixmonths and five years is also available to allmembers of staff.

A fully fitted room is provided in the Depart-ment for nursing mothers returning frommaternity leave. There are also two creches inDublin for children of civil servants. These arebased in Marlborough Street and Mount Streetand staff in my Department may avail of them.


209. Mr. O’Shea asked the Tanaiste and Mini-ster for Health and Children her proposals to dealwith the crisis in regard to emergency residentialprovision for intellectually disabled or autisticpersons presenting with seriously violent chal-lenging behaviour in the family home. [28598/05]




Questions Nos. 212 and 213 answered withQuestion No. 116.


214. Mr. P. Breen asked the Tanaiste and Mini-ster for Health and Children the progress to dateon improving the inspection regimes for all resi-dential nursing homes for the elderly in all healthregions; and if she will make a statement on thematter. [28909/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The HSE hasadvised that it is aware of the different practicesaround the country in the past in relation to theinspection of residential homes for older peopleand is committed to implementing a coordinatedstandardised approach. The HSE has furtheradvised that it has agreed a national standardisedinspection process, to include unannouncedinspections, which will be implemented by allinspection teams throughout the country by theend of October 2005.

Moving forward, it is the intention of myDepartment to put in place a more robust regu-latory system as quickly as possible to protect vul-nerable older people in long-stay facilities. Theprocess has begun to review the current systemwith a view to strengthening the powers availableto those involved in inspecting facilities and toextend a strengthened inspection system to publicfacilities. It is intended that the Health Bill 2005will establish both the HIQA and the SSI on astatutory basis and will contain provisions tounderpin a more robust inspectorial system.

Departmental Expenditure.

215. Mr. Morgan asked the Taoiseach the totalamount paid to a consultancy company (detailssupplied); the details of each of the contracts andservices provided; the nature of controls appliedin the procurement process; and if value formoney has been achieved. [29553/05]

228. Mr. Gilmore asked the Taoiseach theamount paid to a consultancy company (detailssupplied) in respect of each year since 2000; thedetails of each of the contracts and services pro-vided; the nature of the controls applied in theprocurement process or processes; if he has satis-fied himself that value for money has beenachieved in each case; and if he will make a state-ment on the matter. [29448/05]

The Taoiseach: I propose to take QuestionsNos. 215 and 228 together.

The amounts paid by my Department toGartner are shown in the following table.

Year Amount Paid Details

\

2002 678 Conference attendance fee

2004 7,744 Subscription to GartnerResearch service (6 monthperiod)

2005 16,033 Subscription for GartnerResearch service (12 monthperiod)

Gartner publishes independent research and pro-vides one-to-one customer advice, on all aspectsof ICT using in excess of 1,000 analysts and con-


sultants who advise executives worldwide. Sub-scription to this service gives the Departmentaccess to a large volume of research information,which is critical in assisting decision making insuch a small IT unit. At the time of our subscrip-tion, there was no other suitable company in aposition to provide us with this vast range of inde-pendent research material and one-to-one cus-tomer advice. I am satisfied that value for moneyhas been achieved in this case.

216. Mr. Morgan asked the Taoiseach the totalamount paid to a consultancy company (detailssupplied); the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process; and if valuefor money has been achieved. [29568/05]

229. Mr. Gilmore asked the Taoiseach theamount paid to a consultancy company (detailssupplied) in respect of each year since 2000; thedetails of each of the contracts and services pro-vided; the nature of the controls applied in theprocurement process or processes; if he has satis-fied himself that value for money has beenachieved in each case; and if he will make a state-ment on the matter. [29463/05]


In 2002, following a competitive tendering pro-cess, the Information Society Commission, whichcame under the aegis of my Department, engagedthe services of Accenture to conduct a study onthe value of developing a national e-paymentsstrategy.

Accenture was paid \155,333.75 in respect ofthe development of this strategy, \72,600 ofwhich was subsequently recouped from the Infor-mation Society fund which is administered by theDepartment of Finance. I am satisfied that valuefor money has been achieved.

No other payments have been made toAccenture in the period.

217. Aengus O Snodaigh asked the Taoiseachthe cost involved in producing and disseminatingthe booklet Ireland and the European Union orthe Irish language version Eire agus an tAontasEorpach; the number of copies of each whichwere printed and the way in which they are madeavailable to the public. [28649/05]

The Taoiseach: The cost incurred to date inproducing the 3rd edition of Ireland and theEuropean Union: Identifying Priorities and Pur-suing Goals is \11,023 for the design and typeset-ting of English and Irish language versions of thedocument and \4,537.50 for the translation of thedocument into Irish. My Department is awaitingan invoice for the printing of 3,000 English copiesand 500 Irish copies of the document. However,it has been agreed that the cost for printing the

English version of the document will be \10,350and \5,308 for the Irish language version.

My Department has sent copies of the publi-cation to every county librarian in the countryand has also made the publication available inelectronic form from the Department’s website.Copies were also sent to public representatives,third level institutes and to a large number oforganisations and individuals engaged with Euro-pean matters.

218. Mr. P. McGrath asked the Taoiseach therates of overtime or additional allowances pay-able to staff who work in his Department’s pressoffice in respect of persons being on call and theiradditional attendance at work before or after nor-mal hours; and if he will make a statement on thematter. [29290/05]

The Taoiseach: Each press officer is normallyrequired to be on call one week in four, for whichthey receive an on-call allowance equivalent tofive hours overtime at double time rates perweek. Normal overtime rates also apply wherelate attendance is required. These rates are setdown in Department of Finance Circular 27-1999:first hour, no payment, next two hours, rate plusone quarter, next five hours, rate plus one half,thereafter double rate.

219. Mr. P. McGrath asked the Taoiseach theamounts of ex-gratia payments made to staff inhis Departments press office in respect of personsbeing on call and their additional attendance atwork before or after normal hours; and if he willmake a statement on the matter. [29305/05]

The Taoiseach: Ex-gratia payments are notmade to staff in my Department’s press office.

Departmental Staff.

220. Mr. P. McGrath asked the Taoiseach theamount of compensatory leave granted or due tobe granted to staff in his Department; the individ-uals to whom it was granted in respect ofadditional attendance at work before or after nor-mal hours of attendance; and if he will make astatement on the matter. [29320/05]

The Taoiseach: A total of 207 hours compensa-tory leave was granted this year to six membersof staff, namely, two clerical officers, one serviceofficer and three cleaners, in respect of additionalattendance at work before or after normal hoursof attendance.

Where staff opt for time off in lieu, instead ofextra attendance payments, the granting of timeoff in lieu is at the discretion of the manager con-cerned, having regard to the exigencies of theservice.

221. Mr. P. McGrath asked the Taoiseach if thepersonnel files of staff in his Department havebeen copied or given to external parties; if so, the


[Mr. P. McGrath.]

safeguards which have been put in place to ensurethat no personal data of any member of staff inhis Department will be released to third parties;and if he will make a statement on the matter.[29335/05]

The Taoiseach: No personnel files have beencopied or given to external parties, nor is it thepractice to do so.

222. Mr. P. McGrath asked the Taoiseach thenumber of staff in his Department to whom leaveof absence, or any other absence from normal

Year Number of Staff Educational Courses in excess of 2 months Details

2002 1 Career Break for Study purposes Special Leave without pay for a period of notless than six months and not more than 5years


1 Masters Programme in Public Policy Analysis 2 years full-time — in the process ofcompleting

2004 2 Masters Programme in Public Policy Analysis 2 years full-time — in the process ofcompleting


2 Masters Programme in Public Policy Analysis 2 years full-time

The masters programme in public policy analysisis a full-time course organised by the Departmentof Finance. Each Department is invited to nom-inate a maximum of two candidates. All nomi-nated candidates go forward to a central selectionprocess for consideration for inclusion on theprogramme which is of two years’ duration,involving academic study and project work inpublic policy evaluation.

223. Mr. P. McGrath asked the Taoiseach thenumber of staff who applied for a refund ofcourse fees in respect of courses undertaken atnight or evenings; the value of refunds expectedto be made by his Department in 2005; thenumber of staff to whom approval to attend acourse was granted in the last academic year butdid not subsequently apply for the refund; and ifhe will make a statement on the matter.[29365/05]

224. Mr. P. McGrath asked the Taoiseach theproportion of his Department’s training budgetthat is spent on refunds to staff in respect ofnight-time or weekend study courses; the list ofall courses funded by his Department in the pastthree years; and if he will make a statement onthe matter. [29380/05]


duties or place of work in excess of two months,was granted for educational purposes in any yearsince 2002; the nature of the educational courseundertaken in each case; if there are terms orconditions relating to academic achievementattached to the granting of such leave; if person-nel who were granted such leave failed to com-plete their courses; and if he will make a state-ment on the matter. [29350/05]

The Taoiseach: The following table details thenumber of staff in my Department who availedof leave of absence in excess of two months foreducation purposes since 2002.

The information sought by the Deputy aboutthe proportion of the training budget spent anddetails of courses funded by the Department ofthe Taoiseach in the last three years is set out inthe following table.

The Department of the Taoiseach continues towork towards the target of 4% of payroll beingspent on training and development as committedto in the Programmes for Prosperity and Fairnessand Sustaining Progress. The Department of theTaoiseach is committed to ensuring that everymember of staff has the opportunity to developthe competencies required to meet work objec-tives, thus contributing to meeting the Depart-ment’s goals and objectives, now and in thefuture, and to further personal and careerdevelopment goals at each stage of the work lifecycle from induction to retirement.

In compliance with Circular 21-78, third-levelcourses of education, all courses funded in theDepartment of the Taoiseach are accepted as rel-evant to employment in the Civil Service gener-ally. To be eligible for a refund of course fees,each person is required to sign a necessary formof undertaking. Therefore, he or she is committedto reimbursing, in full, to the Department of theTaoiseach, the amount paid in respect of theiracademic studies: if he or she discontinues thecourse or if he or she leaves the Civil Servicewithout having worked a period equal to the dur-ation of the course following its completion.


Proportion of training budget List of all courses funded

2003 2003\52,761 representing 21% of overall training budget for 2003 of 26 members of staff were involved in various training

\250,000 courses as follows:Certificate programmes — 2Diploma programmes — 5Degree programmes — 6Masters programmes — 8PhD programmes — 1Other e.g. IT, Languages etc — 4


\400,000 courses as follows:Certificate programmes — 5Diploma programmes — 11Degree programmes — 4Masters programmes — 9PhD programmes — 1Other e.g. IT, Languages etc — 3


\475,000. courses as follows:It is not expected that this amount will increase significantly for the Certificate programmes — 2

remainder of 2005. Diploma programmes — 8During 2005 two people to whom approval was granted to attend a Degree programmes — 7

course did not subsequently apply for the refund. Masters programmes — 7PhD programmes — 0Other e.g. IT, Languages etc — 6


225. Mr. P. McGrath asked the Taoiseach theamount spent by his Department on briefcases;the amount refunded to staff in his Departmentin respect of purchases of briefcases; the numberof staff who have received briefcases; the numberof staff who have received refunds for briefcasesthey purchased; the largest single amount paid orrefunded in respect of one briefcase; and if he willmake a statement on the matter. [29395/05]

The Taoiseach: The total amount spent onbriefcases by my Department since June 2002 is\836.81. No refunds were made to staff in respectof purchases of briefcases. Six staff members havereceived briefcases. The largest single amountpaid for a briefcase was \173.51.

226. Mr. P. McGrath asked the Taoiseach thenumber of personal digital assistants provided tostaff in his Department; the cost of same; the costof the most expensive personal digital assistantpurchased to date; the grades to which thesedevices are issued; if personal digital assistantsare issued as a matter of course or are subject topreparation of a business case which is sub-sequently scrutinised; if so, by whom the finaldecision on allocation of personal digital assist-ants is made; and if he will make a statement onthe matter. [29410/05]

The Taoiseach: There are 47 personal digitalassistants, PDAs, allocated to staff in my Depart-ment. The costs of the devices vary depending onthe model. The most expensive device cost\474.74 but was purchased in 1999. As with other

IT equipment, costs have decreased significantlyover the years. The most recent device purchasedcost \198.44. Expenditure on PDAs in myDepartment over recent years is shown in the fol-lowing table.

2002 2003 2004 2005-to date

\4,438.28 \4,521.77 \7,373.74 \2,286.90

Details of the grades to which PDAs are allocatedwithin my Department are listed in the followingtable. All requests for the allocation of a PDAmust be supported by a business case outliningthe reasons why a device is required. They arethen submitted to the head of corporate affairsfor a decision on whether to approve the request.

Grade Number ofPDAs

Taoiseach 1

Chief Whip 1

Government Press Secretary 1

Programme Manager 1

Head of GIS 1

Advisers 8

Personal Assistant 1

Secretary-General 1

2nd Secretary 1

Assistant Secretary 4

Principal Officer 8

Assistant Principal 11

Higher Executive Officer 8


Departmental Staff.

227. Mr. P. McGrath asked the Taoiseach thenumber of staff in each general service anddepartment grade in his Department who havebeen exempt for a period in excess of six monthsfrom attending meetings, dealing with correspon-dence, dealing with telephone queries, home orforeign travel, using computers or other duties byvirtue of a medical certificate; if such long-termexemptions from normal duties are fair to otherstaff who must pick up the extra work; if theyprovide the taxpayer with good value for money;if such exemptions or certificates have beenreviewed by the chief medical officer; and if hewill make a statement on the matter. [29425/05]

The Taoiseach: No such exemptions apply toany staff in my Department nor is it the practiceto offer such exemptions as the Deputy describesto staff.



Health Services.

230. Mr. Lowry asked the Tanaiste and Mini-ster for Health and Children if she will interveneon behalf of a person (details supplied) in CountyTipperary on rehabilitative health and medicalgrounds; and if she will make a statement on thematter. [28716/05]


Sexual Assault Treatment Services.

231. Mr. Noonan asked the Tanaiste and Mini-ster for Health and Children her plans to estab-lish a sexual assault treatment unit in Limerick; ifhis attention has been drawn to the fact that atpresent persons who are victims of sexual assaultin the mid-west region have to travel to Cork forforensic assessment; and if she will make a state-ment on the matter. [29509/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): A review of the sex-ual assault treatment services has been under wayin recent months. I understand that the commit-

tee set up to carry out the review has recentlycompleted its task and I look forward to receivingits report in the coming weeks. A decision will bemade on sexual assault treatment services when Ihave been fully appraised of the committee’sfindings.

Hospital Waiting Lists.

232. Mr. F. McGrath asked the Tanaiste andMinister for Health and Children the number ofadults with an intellectual disability on residen-tial, day care and respite waiting lists in theHealth Service Executive area of northsideDublin; and if she will make a statement on thematter. [29091/05]

Tanaiste and Minister for Health and Children(Ms Harney): I have been advised by the HealthService Executive northern area that 53 adultswith an intellectual disability will require a resi-dential service, while 303 will require a changein their day service. It is difficult to quantify thenumbers on waiting lists for respite due to thewide range of respite services available and theappropriateness of the range of services to theparticular client.

Heart Health Strategy.

233. Mr. Connolly asked the Tanaiste andMinister for Health and Children if her attentionhas been drawn to the findings of the recent inter-national Shape of the Nations survey into the cor-relation between waist size and heart disease; theaction she proposes to take to safeguard thepublic from the consequences of waistline obes-ity; and if she will make a statement on thematter. [28994/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Shape of theNations survey was commissioned by Sanofi-Aventis, a pharmaceutical company and was con-ducted in 27 countries, excluding Ireland, duringJuly 2005. The survey was carried out among thegeneral public, people identified as at risk forheart disease, and primary care physicians, toassess knowledge and understanding of theincreased risk of heart disease posed by excessabdominal fat.

The survey concluded that six out of ten phys-icians recognise abdominal fat as a significant riskfactor for heart disease. However, only a minorityof the public is aware of the waist size that putsthem at risk for heart disease and fewer than onein five people can expect to have their waist cir-cumference measured by their doctor.

The heart health strategy, Building HealthierHearts 1999, acknowledged that fat deposits inthe abdominal area were a better predictor ofcoronary artery disease than the degree of obes-


ity. According to the 2004 report of the nationaltaskforce on obesity, Obesity: the Policy Chal-lenges, obese individuals with excess fatdeposited around the abdomen are more likelyto develop health problems. The report made anumber of recommendations in relation to themeasurement of waist circumference, forexample, that it be part of routine clinicalhealthcare practice and that this information beincluded in a national database of growthmeasurements.

An implementation strategy for the report isbeing developed by the Department of Healthand Children in order to progress implementationof the recommendations.

National Rehabilitation Centre.

234. Mr. Allen asked the Tanaiste and Ministerfor Health and Children if she will make a fullstatement on the progress being made on the set-ting up of a regional acute unit for the NationalRehabilitation Centre which was promised sev-eral years ago to be located at St. Mary’s Ortho-paedic Hospital, Gurranabraher, Cork, and thatin co-operation with Rehab, a rehabilitation unitwill be set up by that organisation also in theCork area. [28609/05]


Parliamentary Questions.

235. Mr. Timmins asked the Tanaiste and Mini-ster for Health and Children the position regard-ing her areas of responsibility; for exampleparliamentary questions about elder abuse,orthodontic treatment, patients waiting to beadmitted to hospital and so on have all beenreferred to the Health Service Executive forreplies; the areas on which she will answerparliamentary questions; and if she will make astatement on the matter. [28610/05]

Tanaiste and Minister for Health and Children(Ms Harney): Prior to the establishment of theHealth Service Executive, HSE, parliamentaryquestions concerning access to services by indi-viduals or in specific geographic areas, werereferred to the chief executive officer of the rel-evant health board for direct reply.

Pursuant to the Health Act 2004, the functionsof the health boards were transferred to the HSE.Under the Act, the HSE has the responsibility to

manage and deliver, or arrange to be deliveredon its behalf, health and personal social services.Consequently, operational questions fall withinthe statutory responsibility of the HSE.

In addition, the establishment of the HSEbrought into being a new unitary system for thedelivery and management of health services.Under the 2004 Act, the HSE has its own Vote.Accordingly, it is also responsible for servicedelivery and management questions of a nationaldimension, including the establishment ofservice priorities.

The Health Act 2004 contains significant pro-visions dealing with the accountability of theHSE. These include specific provision for attend-ance by its chief executive officer beforeOireachtas committees to give an account of thegeneral administration of the executive. The chiefexecutive officer is also accountable to DailEireann as the accounting officer in regard to theappropriation accounts of the executive. Part 7 ofthe Act provides for the corporate plan, annualservice plan, annual report and accounts, pre-pared by the executive, to be laid before eachHouse of the Oireachtas.

As Minister, I am responsible for the legislativeand regulatory framework underpinning thedelivery of health and personal social services,national policy issues including overall service,human resources and industrial relations, work-force planning, resource allocation, performancemanagement and health service reform issues,and issues relating to my own Department.

Health Services.

236. Aengus O Snodaigh asked the Tanaisteand Minister for Health and Children the reasona person (details supplied) in Dublin 10 wasrefused the domiciliary allowance. [28618/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): The Deputy’squestion relates to the management and deliveryof health and personal social services, which arethe responsibility of the Health Service Execu-tive, HSE, under the Health Act 2004. Accord-ingly, my Department has requested theparliamentary affairs division of the HSE toarrange to have this matter investigated and tohave a reply issued directly to the Deputy.

Health Care Centre.

237. Mr. Allen asked the Tanaiste and Ministerfor Health and Children the position regardingthe provision of a new health care centre at Glan-mire, County Cork; and when funds will be madeavailable for the construction of the centre.[28660/05]


Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-sonal social services, which are the responsibilityof the Health Service Executive, HSE, under theHealth Act 2004. Accordingly, my Departmenthas requested the parliamentary affairs divisionof the executive to arrange to have this matterinvestigated and to have a reply issued directly tothe Deputy.


238. Ms Cooper-Flynn asked the Tanaiste andMinister for Health and Children the provisionsthat have been made for post-operative consul-tation for patients who have availed of thenational treatment purchase fund; and if herattention has been drawn to the growing concernof patients who, having availed of surgical pro-cedures under the fund, have been denied follow-up care where complications or medical set backshave arisen. [28661/05]

Tanaiste and Minister for Health and Children(Ms Harney): As the Deputy’s question relates tooperational matters regarding the national treat-ment purchase fund, NTPF, my Department hasasked the chief executive of the NTPF to replydirectly to the Deputy regarding the specificinformation requested.

Nursing Home Subventions.

239. Ms Cooper-Flynn asked the Tanaiste andMinister for Health and Children if her attentionhas been drawn to the recent decision of theHealth Service Executive to discontinue the pay-ment of enhanced discretionary subventions toqualifying patients in private nursing homes; andher plans to harmonise subvention rates acrossthe country. [28665/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): A nursing homesubvention may be paid towards the cost ofprivate nursing home care, where a person isunable to meet the cost and where he or she hasbeen assessed as needing nursing home care bythe Health Service Executive, HSE, and wherethe person has satisfied a means test. The HSEmay pay enhanced nursing home subventionwhich is more than the maximum rate of subven-tion at its discretion. The average rate of subven-tion paid by the HSE generally exceeds the cur-rent approved basic rates of subvention.

Every person in receipt of nursing home sub-vention and enhanced nursing home subventionis being paid and will continue to be paid by theHSE. The HSE has plans to co-ordinate the fund-ing for subvention nationally.

Medical Cards.

240. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children if a person with ageneral practitioner-only medical card will becovered for attending nurses in their local generalpractitioners practice; and if they will be coveredfor out of hours doctor services, for exampleCAREDOC. [28666/05]

Tanaiste and Minister for Health and Children(Ms Harney): The general practitioner services tobe provided to people who hold a GP visit cardunder the General Medical Service or GMSscheme will be the same as those being providedfor medical card holders. Where a general prac-titioner holds a contract with the Health ServiceExecutive for GMS medical card and for GP visitcard patients then the services generally providedby the practice, including the practice nurse, willbe free to both medical card and GP visit cardpatients. Also, under the GMS GP contractservices provided out of hours for both medicalcard holders and GP visit card holders are free.If a general practitioner chooses to fulfil his orher GMS contractual obligation to provideservices outside of normal hours through an outof hours GP co-operative then this service will befree to both medical card holders and GP visitcard holders.

Health Services.

241. Mr. Morgan asked the Tanaiste and Mini-ster for Health and Children the reason glassesspecifically designed for children with hearingaids are not provided under the public healthsystem; the further reason persons had to pri-vately purchase specialised glasses for their childwho requires a hearing aid at a cost of \6000; ifshe will reimburse them for all or part of this sumwhich they had to borrow; her views on whetherit is unacceptable for the doctor to suggest thatrather than getting the specialised glasses thischild’s parents should use double sided stickytape to keep the standard glasses in place overthe hearing aids which this child is required towear. [28701/05]


Housing Aid for the Elderly.

242. Mr. Kehoe asked the Tanaiste and Mini-


ster for Health and Children the position regard-ing the application for special housing aid for theelderly for persons (details supplied) in CountyWexford; when the application will be processedor works commence; and if she will make a state-ment on the matter. [28718/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Deputy’s ques-tion relates to the management and delivery ofhealth and personal social services, which are theresponsibility of the Health Service Executiveunder the Health Act 2004. This includesresponsibility for the provision of the housing aidscheme for the elderly, on behalf of the Depart-ment of the Environment, Heritage and LocalGovernment. Accordingly, the Department hasrequested the parliamentary affairs division ofthe executive to arrange to have this matter inves-tigated and to have a reply issued directly to theDeputy.

Health Services.

243. Mr. Wall asked the Tanaiste and Ministerfor Health and Children the position in relationto an application for the domiciliary care allow-ance for a person (details supplied) in CountyKildare; and if she will make a statement on thematter. [28722/05]


244. Mr. Perry asked the Tanaiste and Ministerfor Health and Children if she will intervene withBeaumont Hospital on a person’s behalf (detailssupplied) and have them called for their oper-ation; and if she will make a statement on thematter. [28726/05]


245. Mr. G. Mitchell asked the Tanaiste andMinister for Health and Children if the Health

Service Executive will give nursing assistance toa person (details supplied) in Dublin 10.[28736/05]


Hospital Staff.

246. Mr. Noonan asked the Tanaiste and Mini-ster for Health and Children when ancillary sup-port will be provided to the third vascular sur-geon who has been appointed at the Mid-WestRegional Hospital in Limerick; if her attentionhas been drawn to the fact that the effectivenessof their work will be impaired until ancillary staffare appointed; and if she will make a statementon the matter. [28739/05]


Playground Facilities.

247. Ms C. Murphy asked the Tanaiste andMinister for Health and Children the number ofplaygrounds which have now been opened fol-lowing the publication of the “ready steady play”policy and using funding provided to local auth-orities for this purpose; the areas in which thesefacilities have been provided; the areas they areplanned to be built or are under construction; ifher Department has consulted with the Depart-ment of the Environment, Heritage and LocalGovernment or local authorities regarding themaintenance and running costs of such facilities;and the age range of children the facility has beenprovided for; and if she will make a statement onthe matter. [28755/05]

Minister of State at the Department of Healthand Children (Mr. B. Lenihan): Significant pro-gress has been made since the publication of “Re-ady, Steady, Play! A National Play Policy” inincreasing the availability and quality of play-grounds for children. Two grant schemes were


[Mr. B. Lenihan.]

put in place in 2004 as a direct result of the publi-cation of the policy to provide for increased playprovision for children, as follows: The local auth-ority playground grants scheme, launched in2004, was jointly administered by the NationalChildren’s Office, NCO and the Department ofthe Environment, Heritage and Local Govern-ment and provided up to 50% funding for thedevelopment of new, or renovation of existing,playgrounds. A total of just over \2 million wasallocated by the Department of the Environment,Heritage and Local Government to the countyand city councils under the scheme. The 32 newor refurbished playgrounds being developedunder this scheme represent a total investment ofapproximately \4,200,000 and the locations areset out in Appendix 1.

The scheme was continued in 2005 with somechanges. On this occasion the scheme was whollyadministered by the Department of the Envir-onment, Heritage and Local Government. Eachlocal authority was allocated a grant of \60,000 tomeet the cost of purchase and delivery of play-ground equipment which could be spent on oneor more facilities. The total expenditure underthis scheme in 2005 is \2,040,000 and thelocations are set out in Appendix 2.

The RAPID playground grants scheme wasalso launched in 2004. Funding of \3 million —\1.5 million from the Department of Community,Rural and Gaeltacht Affairs and \1.5 millionfrom the Department of Health and Children —was provided to support the development of newor refurbishment of existing playgrounds inRAPID areas. Each Strand I RAPID areareceived a total allocation of \72,000 and eachStrand II RAPID area received a total allocation

APPENDIX 1

Grants allocated under the 2004 Local Authority Playground Grants Scheme by location

Local Authority Location of Playground AmountApproved

\

Carlow County Council Leighlinbridge* 40,000

Cavan County Council Ballyjamesduff* 50,000

Clare County Council Cloughleigh, Ennis* 50,000

Cork City Council Loughmahon Park 70,000

Cork County Council Charleville* 42,000

Cork County Council Ballincollig* 72,000

Donegal County Council Donegal Town* 50,000

Dublin City Council Johnstown Park* 88,000

Dun Laoghaire Rathdown County Council Cabinteely* 84,000

Fingal County Council Millennium Park, Blanchardstown 140,000

Galway City Council Castlepark 64,000

Galway County Council Loughrea 100,000

Kerry County Council Ballybunion 80,000

Kildare County Council Kildare Town 72,000

of \60,000. The local authority in consultationwith the relevant area implementation teamselected the projects to be supported. A total of22 playgrounds have been built, to date, in someof the most disadvantaged areas in the country,at the locations set out in Appendix 3. Thisscheme was also continued in 2005 with RAPIDareas again receiving grants totalling \3 million.

It was a condition of both schemes outlinedabove, drawn up in consultation with the Depart-ments of the Environment, Heritage and LocalGovernment and Community, Rural and Gael-tacht Affairs, that insurance and maintenancecosts of playgrounds built under the schemewould be met by the local authority.

While playgrounds are usually aimed at pre-school and primary school children, some of theplaygrounds funded under the schemes were forolder children, particularly in the large Dublinareas. The most recent figures available to theNCO suggest that a total of 43 playgrounds havebeen completed and are now open to the publicsince the publication of the play policy. It shouldbe noted that in recent years, many local auth-orities have been putting additional investmentinto play facilities over and above the matchingfunding required in the scheme outlined above,thus further increasing the numbers ofplaygrounds.

While the NCO, which is fully funded by myDepartment, has an overall role in supportingimplementation of the national play policy, indi-vidual Departments retain responsibility forimplementation of actions falling within theirremit. In the context of playgrounds, the Depart-ment of the Environment, Heritage and LocalGovernment has lead responsibility in relation tothe provision of playgrounds.



\

Kilkenny County Council Callan 70,000

Laois County Council Portarlington* 65,000

Leitrim County Council Mohill* 41,000

Limerick City Council Shelbourne Park 89,000

Longford County Council Granard 49,000

Louth County Council Dundalk 72,000

Mayo County Council Ballyhaunis* 60,000

Meath County Council Athboy* 50,000

Monaghan County Council Newbliss Village* 17,000

Offaly County Council Tullamore* 70,000

Roscommon County Council Loughnaneane Park* 90,000

Sligo County Council Dramore West* 54,000

South Dublin County Council Tymon Park 115,000

Tipperary (NR) County Council Loughtagalla, Thurles* 47,000

Tipperary (SR) County Council Fair Green, Carrick On Suir* 63,000

Waterford City Council Williamstown 80,000

Waterford County Council Tallow* 40,000

Westmeath County Council Kinnegad 40,000

Wexford County Council Enniscorthy* 45,000

Wicklow County Council Kilmacanogue* 57,000

Total: 2,074,000

* Confirmed by city/county council as completed and open to the public.

APPENDIX 2

Grants allocated under the 2005 Local Authority Playground Grants Scheme by location


\

Carlow County Council (a) Hacketstown, (b) Borris 60,000

Cavan County Council (a) Kilnalack, (b) Ballinagh 60,000

Clare County Council (a) Ballyvaughan, (b) Lildysart Village 60,000

Cork County Council (a) Passage West, (b) Whitegate/Aghada 60,000

Donegal County Council (a) Stranolar, (b) Milford 60,000

Dun Laoghaire/Rathdown (a) Loreto, (b) Kilbogget, (c) Sallynoggin 60,000

Fingal County Council (a) Fortlawn Community Centre 60,000

Galway County Council (a) Clifden 60,000

Kerry County Council (a) Caherciveen, (b) Waterville 60,000

Kildare County Council (a) Clane, (b) Monasterevin, (c) Kilcullen 60,000

Kilkenny County Council (a) Fairgreen, Callan 60,000

Laois County Council (a) Mountmellick, (b) Abbeyleix, (c) Mountrath 60,000

Leitrim County Council (a) Manorhamilton 60,000

Limerick County Council (a) Newcastle West, (b) Abbeyfeale 60,000

Longford County Council (a) Ballymahon, (b) Lanesboro 60,000

Louth County Council (a) Callystown, Clogherhead 60,000

Mayo County Council (a) McMahon Pk, Claremorris 60,000

Meath County Council (a) Dunshaughlin Village 60,000

Monaghan County Council (a) Carrickmacross, (b) Castleblayney 60,000

Offaly County Council (a) Wilmer Rd, Birr 60,000

Roscommon County Council (a) Boyle, (b) Ballaghadereen 60,000



\

Sligo County Council (a) Riverstown, (b) Tubbercurry 60,000

South Dublin County Council (a) Corkagh Pk, Clondalkin 60,000

Tipperary North County Council (a) St. Paul’s, Nenagh 60,000

Tipp (South) County Council (a) Main Street, Clogheen 60,000

Waterford County Council (a) Lismore, (b) Kilmacthomas, (c) Dunmore East 60,000

Westmeath County Council (a) Regional Sports Centre, Athlone 60,000

Wexford County Council (a) Davidstown, Enniscorthy 60,000

Wicklow County Council (a) Blessington, (b) Newcastle, (c) Kilcoole 60,000

Cork City (a) Meelick Park 60,000

Dublin City Council (a) Ringsend 60,000

Galway City (a) Ard na Choiste, Castlegar, (b) Bth na Choiste, (c) Castlegar 60,000

Limerick City (a) Peoples Park 60,000

Waterford City (a) Butler Comm Cnt, (b) St. John’s Park 60,000

Total 2,040,000

APPENDIX 3

Grants allocated under the RAPID Playground Grants Scheme by location

RAPID — STRAND 1

Area Dept. CRGA Dept. Health &Children

\ \

Dublin City Council

Dublin South West Inner City (Canals & Kimmage/Crumlin) 36,000 36,000

Dublin South Inner City * 36,000 36,000

Dublin North West Inner City * 36,000 36,000

Dublin North East Inner City* 36,000 36,000

Dublin South East Inner City * 36,000 36,000

Finglas 36,000 36,000

Dublin Northside (Darndale/Belcamp) 36,000 36,000

Dublin Ballymun 36,000 36,000

Fingal County Council

Blanchardstown 36,000 36,000

South Dublin County Council

Tallaght — Killinarden 36,000 36,000

Tallaght — Fettercairn 36,000 36,000

Tallaght — Jobstown 36,000 36,000

Clondalkin 36,000 36,000

Du-Laoghaire-Rathdown

DuLaoghaire 36,000 36,000

Wicklow County Council

Bray 36,000 36,000

Louth County Council

Dundalk * 36,000 36,000

Drogheda * 36,000 36,000

Cork City Council

Knocknaheeney/Churchfield 36,000 36,000


Area Dept. CRGA Dept. Health &Children

\ \

Fairhill/Gurranebraher/Farranree 36,000 36,000

Blackpool/The Glen/Mayfield 36,000 36,000

Togher/Mahon 36,000 36,000

Limerick City Council

Ballynanty/Kileely 36,000 36,000

Kings Island * 36,000 36,000

South Limerick City * 36,000 36,000

Waterford City Council

Waterford 36,000 36,000

RAPID — STRAND 2

Area Dept. CRGA Dept. Health & Children

\ \

Westmeath County Council

Athlone 30,000 30,000

Kildare County Council

Athy 30,000 30,000

Galway County Council

Ballinasloe* 30,000 30,000

Tuam 30,000 30,000

Cavan County Council

Cavan* 30,000 30,000

South Tipperary County Council

Carrick-on-Suir* 30,000 30,000

Clonmel * 30,000 30,000

Tipperary* 30,000 30,000

Carlow County Council

Carlow 30,000 30,000

Clare County Council

Ennis* 30,000 30,000

Galway City Council

Galway 30,000 30,000

Kilkenny County Council

Kilkenny* 30,000 30,000

Longford County Council

Longford 30,000 30,000

Cork County Council

Mallow* 30,000 30,000

Youghal* 30,000 30,000

Meath County Council

Navan* 30,000 30,000

Wexford County Council

New Ross* 30,000 30,000

Wexford* 30,000 30,000

Sligo County Council

Sligo* 30,000 30,000

Kerry County Council


Area Dept. CRGA Dept. Health & Children

\ \

Tralee * 30,000 30,000

Total funding approved for playgrounds in RAPID designated areas: \3,000,000 in 2004 and \3,000,000 in 2005.* 2004 playground projects completed.

Nursing Home Subventions.

248. Mr. Stanton asked the Tanaiste and Mini-ster for Health and Children if it is Governmentpolicy for the value of a person’s residence to betaken into account when decisions are beingtaken regarding levels of subvention or enhancedsubvention to be paid in respect of nursing homeassistance for persons with Alzheimer’s ordementia; and if she will make a statement on thematter. [28758/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Health(Nursing Homes) Act 1990 allows for the pay-ment of a subvention towards the cost of privatenursing home care based on a dependency andmeans assessment. The criteria used in determin-ing a person’s eligibility for subvention are set outin the Nursing Homes (Subvention) Regulations1993. The subvention scheme was introduced toassist with the cost of private nursing home careand it was never intended that a subvention pay-ment would meet the full costs of private nursinghome care. It should be noted that the regulationsgoverning means assessment were devised to tryto provide an equitable system of payment and todirect available resources to those most in need.These regulations apply to all applicants for asubvention.

The second schedule to the Nursing Homes(Subvention) Regulations 1993 sets out thegeneral rules for the assessment of means inrespect of an application for a nursing home sub-vention. “Means” for the purposes of these regu-lations are the income and the imputed value ofassets of a person in respect of whom a subven-tion is being sought and the income and imputedincome of his or her spouse. Article 13 of theSecond Schedule to the regulations states that theHealth Service Executive “may impute an annualincome equivalent to 5% of the estimated marketvalue of the principal residence of the person, ifit was not occupied immediately prior to or atthe time of the application by a spouse, a son ordaughter aged less than 21 years or in full timeeducation or a relative in receipt of the disabledperson’s maintenance allowance, blind person’spernsion, disability benefit, invalidity pension orold age non-contributory pension.”

Article 22 of the Second Schedule provides thatthe executive may refuse to pay a subvention toa person if his or her principal residence is valuedat £75,000, \95,230, or more and is not occupiedby a spouse, a son or daughter aged less than 21

years or in full time education or a relative inreceipt of the disabled person’s maintenanceallowance, blind person’s pension, disabilitybenefit, invalidity pension or old age non-con-tributory pension and the person’s income isgreater than \6,350 per annum.

My Department is currently reviewing the sub-vention scheme and the current thresholds set outin the regulations will be examined as part ofthat review.

Adoption Services.

249. Ms F. O’Malley asked the Tanaiste andMinister for Health and Children the progressthat has been made on negotiations towards abilateral agreement between Irish and Russianauthorities on adoption, to facilitate adoptionbetween the two states following discussionsbetween the Minister for Foreign Affairs and theRussian Foreign Minister in July 2005; the pro-gress that is being made on Ireland’s ratificationof the Hague Convention in view of the fact thatIreland became a signatory to same over nineyears ago; and if she will make a statement on thematter. [28759/05]

Minister of State at the Department of Healthand Children (Mr. B. Lenihan): Further to themeeting between the Minister for Foreign Affairsand the Russian Foreign Minister in July 2005 atwhich it was decided to follow up at official levelthe question of pursuing a bilateral agreementbetween Ireland and Russia on intercountryadoption, the Adoption Board has been inongoing contact with the Irish Embassy in Mos-cow. Ambassador Harman met with the directorof the department of governmental youth policy,upbringing and social welfare of children on 21September 2005 to further discuss the matter andfollow up action is being taken on foot of thatmeeting. It is important to note, however, that itis not possible at this stage to confirm either atimeframe for the completion of the negotiationsor whether or not such negotiations will result ina successful outcome.

Legislation to ratify the Hague Convention onthe Protection of Children and Co-operation inRespect of Intercountry Adoption 1993 was pre-pared by my Department and forwarded to theparliamentary counsel for drafting. It is hoped theBill will be published in early 2006.

Medical Cards.

250. Mr. Ring asked the Tanaiste and Minister


for Health and Children the number of personswho have been refused a medical card, for eachof the past five years, on a county basis; if she willprovide a listing of the categories of refusal; andif she will make a statement on the matter.[28762/05]

252. Mr. Ring asked the Tanaiste and Ministerfor Health and Children the number of medicalcard holders for each of the past five years, on acounty basis; the number of persons who wereunder the financial guidelines to qualify; and thenumber granted on medical grounds; and if shewill make a statement on the matter. [28765/05]


The Deputy’s question relates to the manage-ment and delivery of health and personal socialservices, which are the responsibility of theHealth Service Executive under the Health Act2004. Accordingly, my Department has requestedthe parliamentary affairs division of the executiveto arrange to have this matter investigated and tohave a reply issued directly to the Deputy.

National Cancer Strategy.

251. Caoimhghın O Caolain asked the Tanaisteand Minister for Health and Children if, in viewof concerns raised regarding the long-termdamage to young people’s health of using sun-beds when under the age of 16, guidelines fortheir use have been drawn up; if a proposal forlicensing public feepaying sunbeds has been con-sidered; if there has been an increase in inspec-tions of such sunbeds to ensure that they arefunctioning properly in view of the fact that mal-functioning equipment can have adverse effectsand accelerate skin cancers; if she has authoriseda public health campaign, warning of the dangersof sunbeds to young teenagers and children; andif she will make a statement on the matter.[28764/05]

Tanaiste and Minister for Health and Children(Ms Harney): I can assure the Deputy that I sharehis concerns regarding the use of sunbeds. I amadvised by the medical staff in my Departmentthat ultraviolet light, either through naturalexposure or sunbed exposure increases the riskof developing skin cancer, particularly melanoma.The use of sunbeds leads to damage from ultra-violet radiation in the same way as sunlightexposure. Exposure in childhood is associatedwith even greater risks of subsequent melanoma.

I am aware that the National Cancer Forumhas been considering measures to reduceexposure to ultraviolet radiation in the contextof the development of the new national cancerstrategy. I expect that the forum will consider it

necessary to complement current efforts to pro-mote safe sun practices and to reduce exposureto ultraviolet radiation with the regulation andrestriction of the use of sunbeds to use by adultsonly. The forum is currently finalising the strategyand I expect it to be completed by the end of theyear. I will then bring the document to Govern-ment and publish it as soon as possible thereafter.

The health promotion unit of my Departmentworks in partnership with the Irish CancerSociety to develop health promotion programmeswith communities and workplaces and to under-take regular public information and awarenesscampaigns that focus on cancer prevention, riskprevention and early detection. A consumerinformation sheet on possible risks from sunbedsand sunlamps and the appropriate precautions isavailable from the Irish Cancer Society. A“Sunsmart” campaign is organised each year bythe society to increase awareness of risk factorsfor skin cancer. With regard to sunbeds thesociety advises that they are not a safe way totan. In particular, the society advises that peopleshould not use sunbeds if they have skin whichalways sunburns with no ability to tan or sun-burns quite easily with only an ability to developa light tan; are less than 18 years of age; havelarge numbers of moles; tend to freckle; have ahistory of frequent childhood sunburn; have pre-malignant or malignant skin lesions; have sundamaged skin; are wearing cosmetics, which mayincrease sensitivity to UV exposure; or are takingmedication. In this case persons should seekadvice from their doctor to determine if the medi-cation will make them UV radiation sensitive.This advice is in line with the World HealthOrganisation recommendations for the manage-ment of sunbed operations which incorporate therecommendations of the International Com-mission on Non-Ionising Radiation Protection.


253. Mr. O’Connor asked the Tanaiste andMinister for Health and Children if the potentialto change the system through which orthodonticservices are delivered will be investigated; and theneed to respond to those requiring these criticalservices. [28886/05]

Tanaiste and Minister for Health and Children(Ms Harney): In recent years there have beenseveral reviews of the orthodontic service. For-med at the invitation of the Department, a grouprepresentative of health board management andconsultant orthodontists reviewed the orthodon-tic service and produced a report in 1998 entitledthe Moran report. The objective of this reviewwas to ensure equity in the provision of ortho-dontic treatment throughout the health boards.Furthermore, the Joint Oireachtas Committee on


[Ms Harney.]

Health and Children, JOCHC, also carried out areview of orthodontic services which culminatedin the publication of its report, The OrthodonticService in Ireland, in 2002. This was followed by afurther review by the health board chief executiveofficers of the orthodontic service to consider theJOCHC’s report and assess progress with imple-menting the Moran report. The JOCHC has alsopublished a follow up to their 2002 report on theorthodontic service in Ireland.

I am pleased to advise the Deputy that anumber of measures have been adopted toimprove orthodontic services on a national basis.The grade of specialist in orthodontics has beencreated in the orthodontic service. My Depart-ment and the Health Service Executive, HSE,have funded 22 dentists from various HSE areasfor specialist in orthodontics qualifications attraining programmes in Ireland and at three sep-arate universities in the United Kingdom. Themost recent group of 13 trainees have now com-pleted their training and have taken up posts inthe HSE since 1 October 2005. This means thatalmost half the orthodontists in Ireland are nowworking in the public health service.

My Department has been informed by the HSEthat, at the end of the June 2005 quarter, therewere 23,216 patients receiving orthodontic treat-ment in the public orthodontic service. Thismeans that there are over twice as many patientsgetting orthodontic treatment as there are waitingto be treated and more than 7,000 extra patientsare getting treatment from the HSE since the endof the June 2001 quarter. The improvement inquality of treatment and numbers being treated isdirectly attributable to the steps that have alreadybeen taken and will continue to be taken toensure ongoing improvements to the service. Theaddition of 13 specialists in orthodontics to theservice since 1 October 2005 will have a furthersignificant impact on numbers in treatment andwaiting lists.

My Department has met the HSE regardingthe latest Joint Oireachtas Committee report.Since that meeting the HSE, in order to ensureongoing training, has committed funding for thetraining of a further four orthodontists. MyDepartment, in conjunction with the HSE, is con-sidering each of the recommendations set out inthe report of the Joint Oireachtas Committee.

254. Mr. Curran asked the Tanaiste and Mini-ster for Health and Children if free dental check-ups and treatments for children attending a smallschool (details supplied) in County Dublin will bearranged. [28888/05]

Tanaiste and Minister for Health and Children(Ms Harney): The statutory position governingthe entitlement of children to dental treatmentunder the Health Service Executive, HSE, service

is Section 66 of the Health Act 1970 and theHealth (Dental Services for Children) Regu-lations 2000 (S.I. No. 248 of 2000). Section 66(3)of the Health Act 1970 states that “When thegoverning body of a school which is not a nationalschool so requests, a health board may at itsdiscretion by order apply this section to theschool”.

The Deputy’s question relates to the manage-ment and delivery of health and personal socialservices, which are the responsibility of theHealth Service Executive under the Health Act2004. Accordingly, my Department has requestedthe parliamentary affairs division of the executiveto arrange to have this matter investigated and tohave a reply issued directly to the Deputy.

255. Mr. Boyle asked the Tanaiste and Ministerfor Health and Children her views on the reasonMethadone treatment is not available in manyareas of the country; and the plans there are toexpand this service. [28969/05]



256. Mr. Stanton asked the Tanaiste and Mini-ster for Health and Children if the practise ofhealth authorities holding the pension books ofelderly patients to pay for their long-term carehas reconvened following the reintroduction ofnursing home charges; and if she will make astatement on the matter. [28970/05]

257. Mr. Stanton asked the Tanaiste and Mini-ster for Health and Children the position regard-ing the practise of regional health offices holdingthe pension books of older persons in public nurs-ing homes following the reintroduction of nursinghome charges; and if she will make a statementon the matter. [28971/05]


The Deputy’s question relates to the manage-ment and delivery of health and personal socialservices, which are the responsibility of theHealth Service Executive under the Health Act2004. Accordingly my Department has requestedthe parliamentary affairs division of the executive


to arrange to have this matter investigated and tohave a reply issued directly to the Deputy.

Hospital Staff.

258. Mr. Deenihan asked the Tanaiste andMinister for Health and Children if a full-timecardiologist will be appointed at Kerry GeneralHospital, Tralee, County Kerry as Kerry has thehighest rate of cardiac related illnesses in thecountry; and if she will make a statement on thematter. [28972/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): In April 2004, fund-ing of \500,000 was allocated to the SouthernHealth Board under the cardiovascular healthstrategy. The funding enabled the board to estab-lish a consultant-led cardiology service forpatients in Kerry for the first time. A consultantcardiologist was appointed in March 2005 by wayof a sessional partnership between Bon SecoursHospital in Tralee and Kerry General Hospital.The provision of additional consultant posts willproceed within the context of the restructuring ofthe acute hospital services and the negotiation ofa new contract for hospital consultants.


259. Mr. Deenihan asked the Tanaiste andMinister for Health and Children when tenderswill be invited for the proposed new hospital inDingle, County Kerry following the Govern-ment’s announcement on 18 June 2005 that thehospital was approved; and if she will make astatement on the matter. [28973/05]


Voluntary Groups.

260. Dr. Twomey asked the Tanaiste and Mini-ster for Health and Children when she will meetthe owners of Pilgrim House; and if she will makea statement on the matter. [28974/05]

261. Dr. Twomey asked the Tanaiste and Mini-ster for Health and Children if her attention hasbeen drawn to the crisis at Pilgrim House and itsability to care for adult men with learning dis-abilities; the way in which this may affect othervoluntary groups; and if she will make a state-ment on the matter. [28975/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): I propose totake Questions Nos. 260 and 261 together.

While I am aware that there have been diffi-culties between Pilgrim House and the HealthService Executive, I understand that the execu-tive has nominated two individuals who willengage shortly with the Pilgrim House in orderto outline the possible implications of a servicereview. In the circumstances, I consider that itwould be inappropriate for me to meet with rep-resentatives of Pilgrim House at this time.

Housing Aid for the Elderly.

262. Mr. McGuinness asked the Tanaiste andMinister for Health and Children if an applicationunder the housing aid for the elderly scheme willbe expedited and if funds will be provided inorder that the work will be carried out to thehome of a person (details supplied) in CountyKilkenny; and if she will make a statement on thematter. [28984/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Deputy’s ques-tion relates to the management and delivery ofhealth and personal social services, which are theresponsibility of the Health Service Executiveunder the Health Act 2004. This includesresponsibility for the provision of the housing aidscheme for the elderly, on behalf of the Depart-ment of The Environment, Heritage and LocalGovernment. Accordingly, the Department hasrequested the parliamentary affairs division ofthe executive to arrange to have this matter inves-tigated and to have a reply issued directly to theDeputy.

National Drugs Strategy.

263. Mr. O’Shea asked the Tanaiste and Mini-ster for Health and Children if she has received acopy of the midlands regional task force Dark-ness on the Edge of Town into heroin misuse inAthlone and Portlaoise; her views on whether thereport’s finding that the location of a treatmentcentre in Athlone, with a transient clientele fromDublin, had contributed considerably to heroinuse in the area; her further views on the need fora dedicated addiction service response for thoseaged under 18 who are misusing drugs; and if shewill make a statement on the matter. [28985/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-sonal social services which are the responsibilityof the Health Service Executive under the HealthAct 2004. Accordingly, my Department hasrequested the parliamentary affairs division ofthe executive to arrange to have this matter inves-


[Ms Harney.]

tigated and to have a reply issued directly to theDeputy. However, the Deputy may be aware thatmy Department recently published a reportentitled Report of the Working Group on Treat-ment of Under 18 year olds Presenting to Treat-ment Services with Serious Drug Problems.Action 49 of the national drugs strategy 2001-2008 related to the development of a protocol forthe treatment of under 18 year olds presenting todrug services with serious drug misuse problems.

In response to this action a working group wasestablished comprising statutory and non-statu-tory representation. The group undertook anumber of initiatives including a review ofservices within the former ERHA and of servicegaps nationally. The group’s report sets out aframework for the delivery of drug treatmentservices for under 18 year olds.

264. Mr. O’Shea asked the Tanaiste and Mini-ster for Health and Children if she has received acopy of the report The Health of Irish Studentswhich shows a significant level of drug abuseamong college students here; if her attention hasbeen drawn to the fact that drug use amongstudents in the 15-25 age bracket is higher thanamong those of a similar age in the general popu-lation; the steps she will take to implement thereport’s ten recommendations for positive healthfor students; and if she will make a statement onthe matter. [28986/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): I am aware of thereport referred to by the Deputy. This reportentitled The Health of Irish Students was com-missioned by the health promotion unit of myDepartment and published earlier this year. Thereport provides a national student lifestyle profileand is the result of a national lifestyle surveyamong undergraduate full time students in 21third level colleges in Ireland. The health pro-motion unit is co-sponsoring a two day con-ference with various stakeholders including theHigher Education Authority, Health ServiceExecutive, Students Union of Ireland etc. toexamine ways of responding in a positive mannerto the recommendations outlined in the report.

Tobacco Control.

265. Dr. Cowley asked the Tanaiste and Mini-ster for Health and Children her plans to ratifythe Framework Convention on Tobacco Controlhere; and if she will make a statement on thematter. [28987/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): I intend to bringa motion before the Oireachtas shortly seekingapproval for the ratification by Ireland of the

Framework Convention on Tobacco Control. Theconvention is an initiative of the World HealthOrganisation in response to the global epidemicof tobacco addiction. The treaty, which wasadopted unanimously by the World HealthAssembly in May 2003 and signed by Ireland inSeptember 2003, provides an agreed approach totobacco control at a global level. This will be thefirst binding international treaty that addresses allaspects of tobacco control — the traditionalhealth interventions such as advertising and spon-sorship bans; passive smoking; and retail licens-ing. It also addresses economic and trade issuesincluding taxation policy, international trade andsmuggling. Other areas include product specifi-cation and issues of compensation and liability.

Ireland is a strong advocate of effective tob-acco control policies and of the Framework Con-vention on Tobacco Control and has consistentlypressed these policies nationally and inter-nationally in order to protect public health andreduce deaths from tobacco related illness. Toenable the treaty to come into force, ratificationby 40 states is necessary and this figure wasachieved at the end of last year. Ireland is com-mitted to effective tobacco control policies. Oursmoke-free workplace initiative which com-menced in March 2004 has drawn favourablecomment from public health authorities aroundthe world as an effective public health instrumentin tackling the negative health effects of tobaccosmoking. A number of other jurisdictions areusing the Irish experience as a basis for similarhealth interventions.


266. Mr. McGuinness asked the Tanaiste andMinister for Health and Children if a medicalofficer’s report has been completed in relation toan application under the disabled persons grantscheme for a person (details supplied) in CountyKilkenny. [28988/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): The preparationof medical reports at the request of local auth-orities in respect of applicants for the disabledperson’s grant is a service provided by the HealthService Executive from within existing resources.Accordingly, my Department has requested theparliamentary affairs division of the executive toarrange to have this matter investigated and tohave a reply issued directly to the Deputy.

267. Mr. McGuinness asked the Tanaiste andMinister for Health and Children if a medicalofficer’s report has been completed in the case ofpersons (details supplied) in County Kilkenny.[28990/05]


Minister of State at the Department of Healthand Children (Mr. T. O’Malley): The preparationof medical reports at the request of local auth-orities in respect of applicants for the disabledperson’s grant is a service provided by the HealthService Executive from within existing resources.Accordingly, my Department has requested theparliamentary affairs division of the executive toarrange to have this matter investigated and tohave a reply issued directly to the Deputy.


Health Services.

269. Ms C. Murphy asked the Tanaiste andMinister for Health and Children if the amalga-mation of health boards into the Health ServiceExecutive will result in equal access to servicessuch as front line speech therapy and occu-pational therapy, the availability of which variesconsiderably depending on where the applicantseeking the therapy is based; the instruction shehas given to the Health Service Executive regard-ing the provision of such front line therapies andthe appointment of staff; if the Health ServiceExecutive is limited in its ability to appoint newstaff as a result of an embargo; and if she willmake a statement on the matter. [28998/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): Equal access forequal need is a core value for the delivery of pub-licly funded services including access in terms oftiming and geographic location and is a key prin-ciple of the national health strategy. The estab-lishment of the Health Service Executive, arisingfrom the rationalisation of the health boards andother health service agencies under the healthservice reform programme, has reduced fragmen-tation in the health system and is aimed at achiev-ing consistency in service delivery across thecountry.

The Health Act 2004 provided for the HealthService Executive, which was established on 1January 2005. Under the Act, the executive hasthe responsibility to manage and deliver, orarrange to be delivered on its behalf, health andpersonal social services. This includes responsi-bility for the provision of therapies. Accordingly,my Department has requested the chief officer ofthe HSE to reply directly regarding the issue ofstaffing levels.

Hospital Staff.

270. Mr. Naughten asked the Tanaiste andMinister for Health and Children if, followinginterviews for the position in July 2005, theHealth Service Executive has appointed a thirdconsultant radiation oncologist at Galway

Regional Hospital; and if she will make a state-ment on the matter. [29001/05]

271. Mr. Naughten asked the Tanaiste andMinister for Health and Children if a second per-manent consultant medical oncologist has beenappointed at Galway Regional Hospital; and ifshe will make a statement on the matter.[29002/05]


The Deputy’s questions relate to the recruit-ment of consultant staff, which is the responsi-bility of the Health Service Executive under theHealth Act 2004. Accordingly, my Departmenthas requested the parliamentary affairs divisionof the executive to have this matter investigatedand to have a reply issued directly to the Deputy.

272. Mr. Naughten asked the Tanaiste andMinister for Health and Children the situationregarding provision of outreach oncology con-sultancy services at the County Hospital,Roscommon; and if she will make a statement onthe matter. [29003/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-sonal social services, which are the responsibilityof the Health Service Executive under the HealthAct 2004. Accordingly, my Department hasrequested the parliamentary affairs division ofthe executive to have this matter investigated andto have a reply issued directly to the Deputy.

273. Mr. Naughten asked the Tanaiste andMinister for Health and Children the reason forthe ongoing delay in appointing a consultantphysician at the County Hospital, Roscommon;the timeframe for making this appointment; andif she will make a statement on the matter.[29004/05]


Hospital Services.

274. Mr. Naughten asked the Tanaiste andMinister for Health and Children further toParliamentary Question No. 419 of 17 February


[Mr. Naughten.]

2004, the number of patients being catered forat the Sacred Heart Hospital, Roscommon; thestaffing levels at the hospital; the number of vac-ant nursing positions; and if she will make a state-ment on the matter. [29005/05]


Health Services.

275. Mr. Naughten asked the Tanaiste andMinister for Health and Children further toParliamentary Question No. 201 of 7 October2004, the date for the completion of the businessplan for the modernisation of services in eastGalway; and if she will make a statement on thematter. [29006/05]


Hospital Staff.

276. Mr. Naughten asked the Tanaiste andMinister for Health and Children the steps theHealth Service Executive is taking to recruit asenior dental surgeon for special needs to provideservices to the Sacred Heart Hospital,Roscommon; the interim plans that are in placeto provide for the day to day dental care of theresidents; and if she will make a statement on thematter. [29007/05]


Hospital Services.

277. Mr. Naughten asked the Tanaiste andMinister for Health and Children the reason forthe delay in opening the nine bed medical assess-ment unit in the accident and emergency depart-ment of the County Hospital, Roscommon; and ifshe will make a statement on the matter.[29008/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Health Service Executive hasadvised my Department that the medical assess-ment unit at Roscommon County Hospital hasopened. My Department has requested theparliamentary affairs division of the HealthService Executive to arrange to have the reasonsfor the delay in opening the unit investigated andto have a reply issued directly to the Deputy.

Hospital Staff.

278. Mr. Naughten asked the Tanaiste andMinister for Health and Children if, further toParliamentary Question No. 89 of 22 March 2005,the Health Service Executive has appointed anaudiologist for adult services, an audiologist forchildren’s services and a senior audiologist toprovide audiology services at the CountyHospital, Roscommon; and if she will make astatement on the matter. [29009/05]


279. Mr. Naughten asked the Tanaiste andMinister for Health and Children if the HealthService Executive has appointed a consultantanaesthetist at the County Hospital, Roscommon;the reason for the delay in appointing a perma-nent consultant physician at Portiuncula Hospital;and if she will make a statement on thematter. [29010/05]




280. Mr. Naughten asked the Tanaiste andMinister for Health and Children the steps theHealth Service Executive is taking to recruit asenior area medical officer to provide communityservices for the Roscommon area; and if she willmake a statement on the matter. [29011/05]


281. Mr. Naughten asked the Tanaiste andMinister for Health and Children the steps theHealth Service Executive is taking to fill the twoparamedical vacancies at the County Hospital,Roscommon; the paramedical vacancy in com-munity services in Roscommon; and if she willmake a statement on the matter. [29012/05]

282. Mr. Naughten asked the Tanaiste andMinister for Health and Children the steps theHealth Service Executive is taking to fill the fiveparamedical vacancies in community services inCounty Galway; and if she will make a statementon the matter. [29013/05]

283. Mr. Naughten asked the Tanaiste andMinister for Health and Children the steps theHealth Service Executive is taking to fill the twoparamedical vacancies at Portiuncula Hospital,Ballinasloe; the reason for the delay in makingpermanent appointments to two other paramed-ical positions at the hospital; and if she will makea statement on the matter. [29014/05]

284. Mr. Naughten asked the Tanaiste andMinister for Health and Children the steps theHealth Service Executive is taking to fill the vac-ancies of two psychiatric social workers, one chiefpharmacist and one occupational therapist inmental health and older persons services in EastGalway; and if she will make a statement on thematter. [29015/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.281 to 284, inclusive, together.

The Deputy’s questions relate to humanresource management issues which are theresponsibility of the Health Service Executiveunder the Health Act 2004. Accordingly, myDepartment has requested the parliamentaryaffairs division of the executive to arrange to have

these matters investigated and to have a replyissued directly to the Deputy.

Medical Cards.

285. Mr. Naughten asked the Tanaiste andMinister for Health and Children the number ofmedical cards issued in counties Roscommon andLeitrim for the most recent year for which figuresare available; and if she will make a statement onthe matter. [29016/05]


Ambulance Service.

286. Mr. Naughten asked the Tanaiste andMinister for Health and Children the expecteddelivery date for the 2005 replacement ambul-ances for Roscommon and Ballinasloe ambulancestations; and if she will make a statement on thematter. [29017/05]


Hospital Services.

287. Mr. Naughten asked the Tanaiste andMinister for Health and Children the date for theopening of the stroke unit at PortiunculaHospital, Ballinasloe; her plans to develop otherstroke units within the Health Service ExecutiveWestern area; and if she will make a statementon the matter. [29018/05]



Health Services.

288. Mr. Naughten asked the Tanaiste andMinister for Health and Children further toParliamentary Question No. 149 of 2 March 2005,the value and number of uncashed cheques issuedby the Southern Health Board in each of the pastfive years; the elements which are EU and Statefunds in each respective year; the purposes forwhich these funds are utilised; and if she willmake a statement on the matter. [29019/05]

Tanaiste and Minister for Health and Children(Ms Harney): The HSE Southern Area sent thefollowing reply to Deputy Naughten on 11 Marchin response to the parliamentary question heasked on 2 March 2005:

Year (issued) Number of Total ValueCheques

\

1999 390 83,938.13

2000 536 68,161.15

2001 757 151,616.93

2002 499 213,861.24

2003 342 149,860.31

All of the above mentioned cheques were orig-inally State funded. These uncashed cheques aretaken in as receipts annually — 2003 taken in asreceipts in 2004. Funds are subsequently used toprovide health services in the southern area.

My Department has asked the parliamentaryaffairs division of the Health Service Executive toarrange to have the information updated and toforward the reply directly to the Deputy.

Hospital Services.

289. Mr. Naughten asked the Tanaiste andMinister for Health and Children the completiondate for the upgrading of facilities at PortiunculaHospital, Ballinasloe to include upgrade of allward areas, kitchenettes and accident and emer-gency and physiotherapy departments; and if shewill make a statement on the matter. [29020/05]



290. Mr. Naughten asked the Tanaiste andMinister for Health and Children the upgrades

planned for the accident and emergency depart-ment at Portiuncula Hospital, Ballinasloe; if shehas satisfied herself that these upgrades will besufficient to meet the hospital’s needs in view ofthe fact that the hospital dealt with 18,548 acci-dent and emergency cases in 2004; and if she willmake a statement on the matter. [29021/05]


291. Mr. Naughten asked the Tanaiste andMinister for Health and Children the completiondate for the refurbishment of the HSSD depart-ment in Portiuncula Hospital, Ballinasloe; ifadditional money has been allocated to equip thedepartment; and if she will make a statement onthe matter. [29022/05]


Hospital Services.

292. Dr. Cowley asked the Tanaiste and Mini-ster for Health and Children if accident andemergency and acute services will be continuedor discontinued at Ennis General Hospital; and ifshe will make a statement on the matter.[29043/05]


Health Service Reform.

293. Dr. Cowley asked the Tanaiste and Mini-ster for Health and Children if she plans to


implement the Hanly report; if she plans to with-draw it; the reason for the decision she will take;and if she will make a statement on thematter. [29044/05]

294. Dr. Cowley asked the Tanaiste and Mini-ster for Health and Children if all hospitals whichwere to lose their accident and emergencyservices under the Hanly report will still be sub-ject to downgrading if her Department does notimplement the report; and if she will make astatement on the matter. [29045/05]


The report of the national task force on medi-cal staffing, the Hanly report, made a series ofimportant recommendations regarding changesneeded in NCHD work patterns to meet therequirements of the European working timedirective and the development of hospitalservices. Responsibility for building on therecommendations of the report regarding theorganisation of hospital services has been trans-ferred from the Department to the nationalhospitals office, NHO. The NHO’s key priority isto ensure that patients, wherever they live, haveequitable and rapid access to high qualityhospital care.

The implementation of the recommendationsin the task force report will be advanced over thecoming years. The Department and the NHO willcontinue the planned investment in new hospitalfacilities, new consultant posts in a team basedsystem and the organisation of services aroundhospital networks.

Pre-School Services.

295. Mr. Connolly asked the Tanaiste andMinister for Health and Children if she has plansto provide additional pre-school learning supporthours over and above the standard six hours cur-rently available to children with learning dis-abilities; and if she will make a statement on thematter. [29046/05]



296. Mr. Ring asked the Tanaiste and Minister

for Health and Children if she will provide adetailed list of the personnel within the HealthService Executive western area for the purposesof making contact for representations (detailssupplied). [29048/05]

Tanaiste and Minister for Health and Children(Ms Harney): The following information has beenprovided by the Health Service Executiveregarding contact details for personnel within theHealth Service Executive western area: Primary,community and continuing care directorate, non-acute hospital services, local health office, CountyGalway: Priya Prendergast, Merlin Park RegionalHospital, Galway; Telephone: 091-546312, E-mail: [email protected]. Localhealth office, County Mayo: Frank Murray,County Clinic, Castlebar, County Mayo;Telephone: 094-9049064 E-mail: [email protected]. Local health office, CountyRoscommon: Frank Murphy, Lanesboro Road,Roscommon; Tel: 090-6637557 E-mail:[email protected]. National hospitalsoffice directorate, acute hospital services,hospital network manager: Angela Kerrigan,Merlin Park Regional Hospital, Galway; Tel: 091-775406 E-mail: [email protected] affairs division regional officeMary O’Brien, Merlin Park Regional Hospital,Galway; Tel: 091-775403 E-mail:[email protected].


297. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children the supports that areavailable for a parent (details supplied) whosechild has been diagnosed with Down’s syn-drome. [29051/05]


Hospital Services.

298. Mr. McHugh asked the Tanaiste and Mini-ster for Health and Children the reason a person(details supplied) in County Mayo has not beenadmitted to Beaumont Hospital in Dublin formedical treatment. [29088/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-


[Ms Harney.]

sonal social services, which are the responsibilityof the Health Service Executive under the HealthAct 2004. Accordingly, my Department hasrequested the parliamentary affairs division ofthe executive to arrange to have this matter inves-tigated and to have a reply issued directly to theDeputy.

Ambulance Services.

299. Mr. McCormack asked the Tanaiste andMinister for Health and Children the reason theambulance transport service has been curtailed inthe western area of the Health Service Executivewhereby only certain persons (details supplied) inCounty Galway are now eligible for the service;the reason patients were not informed of thisdecision; if he plans to restore this vital servicewithout further delay; and if she will make astatement on the matter. [29089/05]




301. Mr. Kenny asked the Tanaiste and Mini-ster for Health and Children when the contractwith iSoft for HIS was signed; and if she willmake a statement on the matter. [29144/05]

Tanaiste and Minister for Health and Children(Ms Harney): The HSE have advised that the for-mal contract was signed on Saturday, 30 April2005. This is in accordance with the Departmentof Finance approval which issued to the HSE on16 May and refers to confirming oral sanctiongiven to HSE over the telephone on 29 April withregard to the signing of a contract with iSoft.

302. Mr. Kenny asked the Tanaiste and Mini-ster for Health and Children the circumstancesunder which she halted the rollout of iSoft in2004; and if she will make a statement on thematter. [29145/05]

Tanaiste and Minister for Health and Children(Ms Harney): In April 2000, the South EasternHealth Board sought tenders for a suite ofhospital information systems on behalf of five

health boards and selected hospitals within theEastern Regional Health Authority. With thecreation of HeBE, the proposal became anational one and was handled by HeBE in termsof a national approach. HeBE approached theDepartment for funding in the context of thenational health information strategy and indi-cated that they wished to place the contract withiSoft on behalf of the health service. The businesscase for taking that particular supplier was madeas a result of a consultancy study carried out byDeloitte & Touche in October 2003.

In late 2003 HeBE had been pressing theDepartment for an approval to sign the contractand a submission was made to the Minister set-ting out the case for a hospital informationsystem. The Secretary General raised issues con-cerning the operational support of the system andindicated that time should be allowed to ensurethat a correct decision was made. The Ministerraised issues regarding tendering requirements,suitability for major hospitals and the approvalthat would be required from the Department ofFinance. The Minister decided to await a reporton these issues before making any decisions onthe project.

Subsequently, the interim Health ServiceExecutive sought independent advice on thesystem and the Health Service Executive soughtapproval for the system early in 2005. Depart-ment of Finance approval of 2005, which wasessentially for the replacement of two old healthboard sites and approval for national rollout wassubject to a number of stringent conditions.There has to be further agreement from theDepartment of Finance before the project as orig-inally submitted can begin.

Departmental Meetings.

303. Mr. Kenny asked the Tanaiste and Mini-ster for Health and Children if the health servicescapital programme, including PPARs was dis-cussed at her Department’s MAC meetings thatwere attended by Ministers during 2003, 2004 andto date in 2005; and if she will make a statementon the matter. [29146/05]

Tanaiste and Minister for Health and Children(Ms Harney): PPARs was funded each year fromwithin the annual current and capital Estimates.Successive Ministers have been involved in agree-ing the overall capital requirement for ICT, whichwas also examined by the Oireachtas Committeeon Health and Children and approved by theDail. In particular, the health service capital prog-ramme which includes PPARs was discussed atthe Department’s MAC meetings attended byMinisters during 2003 and 2004. It is theTanaiste’s practice not to attend MAC meetingsof her Department but officials have on occasion


discussed the capital programme with theTanaiste.

Religious Ethos in Hospitals.

304. Mr. Gormley asked the Tanaiste and Mini-ster for Health and Children her views on theimposition of religious ethos by hospital auth-orities on taxpayers who may be of a differentreligion or of no religion; the steps she will taketo avoid hospitals’ religious ethos preventingoptimal treatment for patients; and if she willmake a statement on the matter. [29147/05]

305. Mr. Gormley asked the Tanaiste and Mini-ster for Health and Children her views on theconstitutional review group’s judgment thathospitals should not be debarred from publicfunding provided they do not discriminate ongrounds of religious practice or belief, save wherethis can be shown in any given case to be neces-sary in order to maintain hospitals’ own religiousethos; and if she will make a statement on thematter. [29148/05]

306. Mr. Gormley asked the Tanaiste and Mini-ster for Health and Children if she still maintainsthat she would not wish to interfere in the ethosof any institution; and if she will make a state-ment on the matter. [29149/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.304 and 306, inclusive together.

I am aware of the constitution review group’sview that institutions which retain a religiousethos should not be debarred from public fund-ing, provided that they do not discriminate ongrounds of religious practice or belief, save wherethis can be shown in any given case to be neces-sary in order to maintain their own religiousethos. Such instances would, I hope, beextremely rare.


307. Caoimhghın O Caolain asked the Tanaisteand Minister for Health and Children if the iSoftinformation technology system is currently in usein the health services; the cost of this system tothe Exchequer thus far; her plans for future useof the system; and if she will make a statementon the matter. [29150/05]

Tanaiste and Minister for Health and Children(Ms Harney): For a number of years, iSoftsystems have been installed at Cork UniversityHospital, Kerry General Hospital and theAdelaide, Meath and National Children’sHospital, Tallaght.

I am informed by the Health Service Executivethat in February 2005, the board of the HealthService Executive approved of the implemen-tation of an integrated patient managementsystem to be implemented across the entire

system at hospital and community level over thenext ten years. The board approved a maximumfigure for the project of \400 million over tenyears. However, this does not infer that the esti-mated cost will be incurred.

The HSE have advised that the formal contractwas signed on Saturday, 30 April 2005, in theamount of \56 million payable to iSoft over theten year period. This is in accordance with theDepartment of Finance approval which issued tothe HSE on 16 May and refers to confirming oralsanction given to HSE by telephone on 29 Aprilconcerning the signing of a contract with iSoftand is subject to a number of conditions beingfulfilled by the HSE. The HSE must revert to theDepartment of Finance before any nationalrollout takes place.


308. Caoimhghın O Caolain asked the Tanaisteand Minister for Health and Children if, in viewof her advice to Dail Eireann on 11 October 2005,that 15,000 applications for repayment of chargesfor care in long stay residential homes and insti-tutions have been processed; the approach andmethodology these and all other awaiting appli-cants should employ in order to have their casesconsidered and processed; the projected time-frame for the presentation of required legislation;when repayments will commence; when it isanticipated that the full assessment and repay-ment process will be completed; and if she willmake a statement on the matter. [29151/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Government has agreed thekey elements of a scheme for the repayment oflong stay charges for publicly funded residentialcare. However, full details of the scheme have yetto be finalised. The Health Service Executivehave informed my Department that an outsidecompany with experience in handling mass claimswill be engaged by them in November to providean independent input into the design and admini-stration of the scheme. It is my intention to havelegislation brought before the Oireachtas duringthe next parliamentary session and to commencerepayments shortly after the Bill is approved andsigned into law.

A national helpline has been set up by theHealth Service Executive to allow people toregister if they believe they or a family membermay be due a repayment. More than 18,000 appli-cations have been registered with the executiveto date. This helpline will continue to operate butthere is no need for anyone who has alreadyregistered using this facility to make contact againto register for the scheme.



Departmental Reviews.

310. Mr. Crowe asked the Tanaiste and Mini-ster for Health and Children if she has receivedthe report of the working group on medical train-ing and education; if she will publish the report;and her plans for the implementation of itsrecommendations. [29153/05]

Tanaiste and Minister for Health and Children(Ms Harney): I have received the reports of thepostgraduate medical education and traininggroup, the Buttimer report, and the workinggroup on undergraduate medical education andtraining, the Fottrell report. Each report containsa detailed plan of action for the implementationof its recommendations. Both reports are underconsideration by my Department and by theDepartment of Education and Science and it isintended to bring them to Government in duecourse with a view to their publication.

Hospital Services.

311. Mr. McGuinness asked the Tanaiste andMinister for Health and Children if an operationto remove a cataract will be arranged as soon aspossible for a person (details supplied) in CountyKilkenny at Waterford Regional Hospital; and ifa decision on the matter will be expedited.[29154/05]



312. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the regionalhealth areas where there is a consultant withresponsibility for palliative care; when each ofthose consultants were appointed; and the reasonone area does not have such an appointment.[29155/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Deputy’s ques-tion relates to the management and delivery ofhealth and personal social services, which are theresponsibility of the Health Service Executiveunder the Health Act 2004. Accordingly, myDepartment has requested the parliamentaryaffairs division of the executive to arrange to havethis matter investigated and to have a reply issueddirectly to the Deputy.

Health Services.

313. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the core fund-ing supplied by her for hospice care support ineach health region in each of the past five years;and the reason there is a discrepancy in fundingbetween those regions. [29156/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Deputy’s ques-tion relates to the management and delivery ofhealth and personal social services, which are theresponsibility of the Health Service Executiveunder the Health Act 2004. Accordingly, myDepartment has requested the parliamentaryaffairs division of the executive to arrange to havethis matter investigated and to have a reply issueddirectly to the Deputy.

314. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the fundingavailable from her Department for the Irish Hos-pice Foundation for each of the past five years;and the staff numbers to which these funds relatefor each of those years. [29157/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): A once off grant of\55,000 was provided to the Irish Hospice Found-ation from this Department’s capital allocation in2003 towards the establishment of an infor-mation centre.

With regard to the further informationrequested by the Deputy, this relates to the man-agement and delivery of health and personalsocial services, which are the responsibility of theHealth Service Executive under the Health Act2004. Accordingly, the Department has requestedthe parliamentary affairs division of the executiveto arrange to have this matter investigated and tohave a reply issued directly to the Deputy.

Hospital Services.

315. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the location ofeach palliative care unit funded by her Depart-ment; the year each of these was established; thefunding provided to each of these in each of thepast five years and the staff numbers in each ofthese units. [29158/05]



Question No. 316 withdrawn.

Health Services.

317. Mr. McGuinness asked the Tanaiste andMinister for Health and Children if it is theHealth Service Executive or her Department thatsets the criteria for qualification for home help; ifthe criteria is the same in every area if set atcounty or regional level; the reason the criteriawas changed so dramatically in County Kilkenny;if the change was caused by lack of funding; iffunding was reduced or cut back; and if she willmake a statement on the matter. [29160/05]


Health Service Overpayments.

318. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children the number ofnurses here who have been overpaid underPPARS; and if she will make a statement on thematter. [29161/05]

319. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children the number ofhospitals nationally in which nursing staff wereoverpaid under PPARS; and if she will make astatement on the matter. [29162/05]


I have been informed by the Health ServiceExecutive that the total number of nurses over-paid under PPARS is 258, in a total of 49hospitals. To put this in context, I advise theDeputy that for the three HSE regions concerned— the midland, mid-western and north-westernregions but excluding St. James’s Hospital —there are 9,568 nurses on the payroll, almost190,000 payments have been made throughPPARS, and 130 nurses were overpaid in theseareas. The HSE is satisfied that the overpaymentsin the main have resulted from incorrect entry ofdata on the system or the late input of data,rather than from flaws in the configuration of thePPARS system. In interpreting this figure, theDeputy should note that, unlike the old systems,PPARS deems even a single cent over to be anoverpayment and hence the numbers of over-

payments can appear much greater in comparisonto the old systems.

I am advised that an upgrade of the system hasoccurred on the weekend of 2 October 2005,which will result in staff being more accuratelypaid, and a further 651 nurses will be impacted.The net value of these payments is very small, asa number of employees had also been underpaid.This upgrade will result in more accurate pay-ments for allowances and deductions for part-periods, which were not dealt with automaticallyunder the old manual payroll systems.

320. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children the procedure inplace for the repayment of money mistakenlyoverpaid under PPARS; and if she will make astatement on the matter. [29163/05]

Tanaiste and Minister for Health and Children(Ms Harney): Each agency had its specific pro-cedure for recoupments except for recoupmentsidentified as part of the upgrade in September2005 where a national agreement was made. Priorto the upgrade in September 2005 there was nonational agreement in place for overpayments.The following was agreed nationally and com-municated to trade unions at national and locallevel, namely, that for recoupment values lessthan \15, employees were notified in advancethrough internal notification — notices on noticeboards, internal e-mail and through line man-agers. The recoupment value is listed onemployees’ October 2005 payslips as advancenotice. The recoupments will be deducted fromemployees in November 2005. For recoupmentvalues greater than \15, a separate letter is beingissued to the individual employees advising themof the arrangements. The recoupment value islisted on employees’ October 2005 payslips asadvance notice. Employees are being contactedduring October 2005 to agree a repayment pro-cess. Repayments can be made over a number ofpay periods and this is based on the amount due.

Prior to the upgrade in September 2005 therewas no national agreement in place for over-payments, and the following agency agreementswere operated. The process for recovery of over-payments in the north-western area is as follows:identification of overpayment is made; therecoupment is agreed with the employee; forsmaller amounts recoupment is made in the nextavailable pay cycle; and for larger amounts theperiod is agreed with the employee and, as a ruleof thumb, should be less than one year. Theamount may extend beyond one year onoccasions if the amount involved is large.

The process for recovery of overpayments inthe midland area is as follows: for small amountsthe overpayment is recouped is in next availablepay cycle; and the maximum period allowed forrepayment is two years.


[Ms Harney.]

Regarding the mid-western area, once an over-payment has been identified the employee is noti-fied and recoupments are made in accordancewith an agreed repayment schedule.

At St. James’s Hospital, the payroll departmentwill not deduct an overpayment unless agreedwith the employee or in the absence of employeeagreement the payroll department will initiate arepayment plan resulting in a 5% fortnightly or10% monthly deduction of the total amountoverpaid.

Hospital Staff.

321. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children the steps beingtaken to recruit an adequate number of doctorsand consultants to operate the new 21 bed unit atWexford General Hospital. [29164/05]

322. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children the steps which arebeing taken to recruit an adequate number ofnursing staff to operate the new 21 bed unit atWexford General Hospital. [29165/05]

323. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children the steps which arebeing taken to procure the necessary equipmentfor the new 21-bed unit at Wexford GeneralHospital. [29166/05]

Tanaiste and Minister for Health and Children(Ms Harney): I propose to take Questions Nos.321 to 323, inclusive, together.

The Deputy’s questions relate to the manage-ment and delivery of health and personal socialservices, which are the responsibility of theHealth Service Executive under the Health Act2004. Accordingly, my Department has requestedthe parliamentary affairs division of the executiveto have a reply issued directly to the Deputy.


324. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children if all the necessaryequipment has been procured for phase 2 of St.John’s Hospital, Enniscorthy; and if she will makea statement on the matter. [29167/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-sonal social services, which are the responsibilityof the Health Service Executive under the HealthAct 2004. This includes responsibility for con-sidering new capital proposals or progressingthose in the health capital programme. Accord-ingly, my Department is requesting theparliamentary affairs division of the executive to

arrange to have this matter investigated and tohave a reply issued directly to the Deputy.

325. Mr. Kehoe asked the Tanaiste and Mini-ster for Health and Children when phase two ofSt. John’s Hospital in Enniscorthy will com-mence; and if she will make a statement on thematter. [29168/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-sonal social services, which are the responsibilityof the Health Service Executive under the HealthAct 2004. This includes responsibility for con-sidering new capital proposals or progressingthose in the health capital programme. Accord-ingly, my Department is requesting theparliamentary affairs division of the executive toarrange to have this matter investigated and tohave a reply issued directly to the Deputy.

Ambulance Service.

326. Dr. Twomey asked the Tanaiste and Mini-ster for Health and Children when the ambulanceservice for Wexford town will change from on callto on duty; and if she will make a statement onthe matter. [29169/05]


327. Dr. Twomey asked the Tanaiste and Mini-ster for Health and Children if the ambulancecontrol service for the southeast, which is basedat Wexford General Hospital, will be moved toCork under recent plans to reorganise the healthservices; and if she will make a statement on thematter. [29170/05]




Organ Retention.

329. Mr. Connolly asked the Tanaiste andMinister for Health and Children the state of theinquiry conducted by Dr. Deirdre Madden, BL,into post mortem practice and procedure,especially in relation to children; the reason theabandoned Dunne report could not be publishedin its then state; the further reason it merelyreported on three hospitals out of approximately200; and if she will make a statement on thematter. [29172/05]

Tanaiste and Minister for Health and Children(Ms Harney): Following a review of all inquiriesby the Attorney General during mid-2004, theGovernment decided in September 2004 that theDunne post mortem inquiry should submit itsreport on or before 31 March 2005, on which datethe inquiry would cease to exist. The chairman,Ms Anne Dunne, SC, submitted her report on thedue date. However, following consultation withthe Attorney General, I was advised that for legalreasons the report could not be published. On 3May 2005 the Government approved the appoint-ment of Dr. Deirdre Madden, BL, to complete afinal report on post mortem practice and pro-cedure. I expect Dr. Madden to present herreport on 21 December 2005.

In late 1999, my Department wrote to all healthboards and hospitals requesting that they ensurethat a policy of informed consent should operatein respect of the retention of organs followingpost mortem examination, pending the issue ofguidelines by the faculty of pathology. Theseguidelines for post mortem consent and retentionof tissues at post mortem examination wereissued by the faculty in February 2000.

The Health Service Executive has confirmedthat guidelines and protocols are in place forfamilies in relation to both coroners’ and non-cor-oners’ post mortems. In accordance with theseguidelines, families are to be informed whenretention takes place in a coroner’s post mortemand permission is to be sought to retention in thecase of a non-coroner’s post mortem.

European Directive 2004/23/EC requiresmember states to endeavour to ensure voluntaryand unpaid donation of tissues and cells forhuman applications. The directive, which must betransposed into national law by 7 April 2006, willalso make informed consent mandatory.


330. Mr. Healy-Rae asked the Tanaiste andMinister for Health and Children when the build-ing of the new hospital in Dingle, County Kerrywill commence; if there is any date set; and if shewill make a statement on the matter. [29173/05]

Minister of State at the Department of Healthand Children (Mr. S. Power): The Deputy’s ques-

tion relates to the management and delivery ofhealth and personal social services, which are theresponsibility of the Health Service Executiveunder the Health Act 2004. Accordingly, theDepartment has requested the parliamentaryaffairs division of the executive to arrange to havethis matter investigated and to have a reply issueddirectly to the Deputy.

Hospital Services.

331. Caoimhghın O Caolain asked the Tanaisteand Minister for Health and Children if a person(details supplied) in County Donegal will betransferred to Beaumont Hospital. [29285/05]


Health Services.

332. Mr. Wall asked the Tanaiste and Ministerfor Health and Children the reason no dentalservice is available at the Athy health centre,Athy, County Kildare; if there is a waiting list fordental treatment at the centre; the plans or mech-anism in place to deal with applicants for dentaltreatment at the centre; and if she will make astatement on the matter. [29287/05]


Departmental Staff.

333. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the rates ofovertime or additional allowances payable to staffwho work in her Department’s press office inrespect of persons being on call and theiradditional attendance at work before or after nor-mal hours; and if she will make a statement onthe matter. [29291/05]

334. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the amounts ofex gratia payments made to staff in her Depart-


[Mr. P. McGrath.]

ments press office in respect of persons being oncall and their additional attendance at workbefore or after normal hours; and if she will makea statement on the matter. [29306/05]


There are no additional allowances payable orex gratia payments made to staff who work in myDepartment’s press office. If staff are required toattend outside normal working hours they arepaid overtime at the same rate as applies to allother staff in my Department. The overtime regu-lations for civil servants are set down by theDepartment of Finance.

335. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the amount ofcompensatory leave granted or due to be grantedto staff in her Department; the individuals towhom they were granted in respect of additionalattendance at work before or after normal hoursof attendance; and if she will make a statementon the matter. [29321/05]

Tanaiste and Minister for Health and Children(Ms Harney): All grades who are entitled to over-time for attendance outside normal workinghours may claim payment or leave in lieu of extrahours worked. Staff in grades to which overtimeis not payable are expected to attend outside nor-mal working hours where this is required. Everyeffort is made to ensure that such attendance iskept to a minimum.

336. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children if the personnelfiles of staff in her Department have been copiedor given to external parties; if so, the safeguardswhich have been put in place to ensure that nopersonal data of any member of staff in herDepartment will be released to third parties; andif she will make a statement on the matter.[29336/05]

Tanaiste and Minister for Health and Children(Ms Harney): Personnel files of staff in myDepartment are not, as a rule, released to exter-nal parties. The only two exceptions to this ruleare: first, where the chief medical officer in theCivil Service occupational health department hasrequested an officer’s sick leave or personnel filein order to make a decision on the officer’sentitlement to pay while on sick leave or on theirfitness to return to work; and second, personnelfiles of staff may have to be copied to the ChiefState Solicitor’s office where an officer hasinstituted proceedings against the Department. Inall cases, these files are delivered by hand tothese offices.

337. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the number ofstaff in her Department to whom leave ofabsence, or any other absence from normal dutiesor place of work, in excess of two months wasgranted for educational purposes in any yearsince 2002; the nature of the educational courseundertaken in each case; if there are terms orconditions relating to academic achievementattached to the granting of such leave; if person-nel who were granted such leave failed to com-plete their courses; and if she will make a state-ment on the matter. [29351/05]

Tanaiste and Minister for Health and Children(Ms Harney): Two years’ leave of absence wasgranted to one officer in 2003, one officer in 2004and three officers in the current year to partici-pate in a masters programme in public policyanalysis. This programme is delivered by the IPAin association with the faculty of commerce atUCD. Each officer is required to have an honoursprimary degree or equivalent professional qualifi-cation to participate in the course. The officer isthen required to undergo a competitive interviewin the Centre for Management and OrganisationDevelopment, CMOD. During the course officerscarry out evaluations in relation to departmentalpolicies and activities. On completion of thecourse participants return to the Department andundertake work in public policy analysis. Theofficer who undertook the 2003 course has satis-factorily completed the course and returned tomy Department. Before being released for thecourse each officer is required to sign an agree-ment declaring that if s/he leave the Civil Servicewithin two years of completing the course, s/hewould refund the cost of the course and salarycosts paid during release from normal workinghours. Staff may also apply for a career break foreducational purposes to pursue a course of theirchoice.

338. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the number ofstaff who applied for a refund of course fees inrespect of courses undertaken at night orevenings; the value of refunds expected to bemade by her Department in 2005; the number ofstaff to whom approval to attend a course wasgranted in the last academic year but did not sub-sequently apply for the refund; and if she willmake a statement on the matter. [29366/05]

Tanaiste and Minister for Health and Children(Ms Harney): For the academic year 2004-05, 44members of staff applied for refund of course feesin respect of courses undertaken at night orevening. The value of the refund for the year2004-05 is expected to be \69,316. All staff whowere granted approval to attend a course sub-sequently applied for a refund.


339. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the proportionof her Department’s training budget that is spenton refunds to staff in respect of night-time orweekend study courses; the list of all coursesfunded by her Department in the past threeyears; and if she will make a statement on thematter. [29381/05]

Tanaiste and Minister for Health and Children(Ms Harney): The following table set out myDepartment’s breakdown of refund of fees as apercentage of the training budget. I have alsolisted for the Deputy the night-time and weekendcourses staff have undertaken in my Departmentover the last three academic years.

Year Total amount % of Department’sTraining Budget

\ %

2002 50,537 9

2003 45,886 11

2004 53,187 13

Name of courses refunded in last three years:MSc in organisation behaviour; master in infor-mation studies; MSc in health service manage-ment; MSc in social psychology; MBS in strategicinternational marketing; masters in informationstudies librarianship; MSc in strategic inter-national marketing; MS in international relations;masters in social science; MSc in business admini-stration; MSc in strategic management; BSc incomputing science; higher diploma in public man-agement; higher diploma in health care; BA incommunity studies; BA modular degree — arts;BA in public management; BA in psychology;Open University health and disease degree;degree in biological science; BA in communitydevelopment; BA in local and community studies;BA in psychology and sociology; BA in trainingand education; diploma in humanities; diploma ininformation technology; diploma in informationsystems; diploma in Irish; diploma in policy analy-sis; diploma in Oracle database programme; NCIdiploma in people management; diploma in legalstudies; diploma in business studies; diploma inmanagement and employee relations; CharteredInstitute of Management and Accountancy;accountancy — Chartered Institute of Manage-ment Accountants; certificate in public manage-ment; IMI supervisory management course; cer-tificate in supervisory management; certificate inemployee assistance and social support certificatein personnel practice; Gaeleagras; Spanishcourse; Cursa Gaeltachta Bhord na Gaeilge;ECDL; Portuguese language; Advanced Word;introduction to human resource management;and foundation in criminal law.


340. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the amountspent by her Department on briefcases; theamount refunded to staff in her Department inrespect of purchases of briefcases; the number ofstaff who have received briefcases; the number ofstaff who have received refunds for briefcasesthey purchased; the largest single amount paid orrefunded in respect of one briefcase; and if shewill make a statement on the matter. [29396/05]

Tanaiste and Minister for Health and Children(Ms Harney): Briefcases are only provided tomembers of staff in cases where a specific officialneed has been identified. Since 2002, a total ofapproximately \1,143 was spent on the purchaseof briefcases for eight staff members — the mostexpensive of which cost \250. A total of \512 ofthat total amount was refunded directly to fourmembers of staff on production of receipts.

341. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the number ofpersonal digital assistants provided to staff in herDepartment; the cost of same; the cost of themost expensive personal digital assistant pur-chased to date; the grades to which these devicesare issued; if personal digital assistants are issuedas a matter of course or are subject to preparationof a business case which is subsequently scruti-nised; if so, by whom the final decision on allo-cation of personal digital assistants is made; andif she will make a statement on the matter.[29411/05]

Tanaiste and Minister for Health and Children(Ms Harney): There are 25 personal digital assist-ant, PDA, type devices in use in my Department.The devices most commonly in use, which arealso used as mobile phones, cost \200 each,exclusive of VAT. These are also the mostexpensive purchased to date. These devices aredistributed to grades as follows:

Grade Numbers in eachcategory

Ministers of State, advisers, privatesecretaries, etc., 9

Principal officers, equivalent or highergrades 8

Grades below principal officer. 8

Total 25

PDA devices are not issued as a matter of course.They are only given to staff who, either for tech-nical or business reasons, are away from theiroffices on a regular basis and require e-mail andtelephone contact with head office both duringand outside office hours. Requests are considered


[Ms Harney.]

on an individual basis and the allocation ofdevices is managed by the internal systems unitin my Department. The PDA devices in use give24-hour, 7 days a week, year-round access to mail,calendar, contact and voice communications andare a vital communications facility for certainstaff who need to be in constant contact withcolleagues.

Departmental Staff.

342. Mr. P. McGrath asked the Tanaiste andMinister for Health and Children the number ofstaff in each general service and departmentgrade in her Department who have been exemptfor a period in excess of six months fromattending meetings, dealing with correspondence,dealing with telephone queries, home or foreigntravel, using computers or other duties by virtueof a medical certificate; if such long-term exemp-tions from normal duties are fair to other staffwho must pick up the extra work; if they providethe taxpayer with good value for money; if suchexemptions or certificates have been reviewed bythe chief medical officer; and if she will make astatement on the matter. [29426/05]

Tanaiste and Minister for Health and Children(Ms Harney): There have been no exemptions fora period in excess of six months granted to anyofficer in my Department from dealing with cor-respondence, telephone queries, home or foreigntravel, using computers or other duties by virtueof a medical certificate.


343. Mr. Gilmore asked the Tanaiste and Mini-ster for Health and Children the amount paid toa consultancy company, details supplied, inrespect of each year since 2000; the details of eachof the contracts and services provided; the natureof the controls applied in the procurement pro-cess or processes; if she has satisfied herself thatvalue for money has been achieved in each case;and if she will make a statement on thematter. [29449/05]

Tanaiste and Minister for Health and Children(Ms Harney): Details of the contract between myDepartment and the consultancy company con-cerned are attached. I am satisfied that it pro-vided value for money in this case.

344. Mr. Gilmore asked the Tanaiste and Mini-ster for Health and Children the amount paid toa consultancy company, details supplied, inrespect of each year since 2000; the details of eachof the contracts and services provided; the natureof the controls applied in the procurement pro-cess or processes; if she has satisfied herself that

value for money has been achieved in each case;and if she will make a statement on thematter. [29464/05]

Tanaiste and Minister for Health and Children(Ms Harney): Payments made by my Departmentto the firm in question during the period 2000 todate relate solely to work undertaken by it inrespect of the civil registration modernisationprogramme. The work undertaken relates pri-marily to the development of and support for theinformation technology system required to sup-port the modernisation programme.

The civil registration modernisation prog-ramme was a programme of work undertakenjointly by my Department and the Department ofSocial and Family Affairs. One of the mainelements of the programme was the developmentof an information technology system for elec-tronic registration of life events and sharing ofregistration data. The programme was overseenby a steering committee with representativesfrom a number of Departments and agencies andwas managed by a programme managementgroup which reported to the steering committee.The procurement exercise for the appointment ofconsultants to develop the computer system wasundertaken by the Department of Social andFamily Affairs. I understand that the procure-ment exercise was carried out in accordance withEU and Department of Finance requirements.Moneys in respect of this contract were paid bythe Department of Social and Family Affairs tothe firm in question during 2001 and 2002 and myDepartment, as the ultimate owner of the newsystem, took over responsibility for payments inrespect of the contract in 2003. The total amountpaid by my Department in 2003 was\1,271,662.40.

The civil registration information technologysystem went live in the former southern healthboard region in late 2003 and was subsequentlyrolled out to all other former health boards dur-ing 2004. The system has brought considerablebenefits to members of the public and otherDepartments and public bodies. The registrationof life events and production of certificates is nowelectronic and the time taken to complete thesetransactions has been significantly reduced.

Data is passed electronically from the GeneralRegister Office, GRO, to the Department ofSocial and Family Affairs for the purpose of pro-cessing claims and payments for child benefit.The processing time for child benefit applicationshas been reduced from 20 days to two days asa result. This process is further enhanced by thetransfer of births data electronically frommaternity hospitals to GRO and the electronicallocation of PPS numbers in respect of newlyregistered births.

Deaths data are made available to all publicbodies through REACH via the inter-agency


messaging service. This is of considerable valueto public bodies in managing schemes such asmedical cards, pensions and so on. Statistical dataare also transferred electronically to the CentralStatistics Office, CSO, and this greatly improvesthe ability of the CSO to manage, analyse andreport such data which is essential for publicpolicy and planning.

A further contract was subsequently enteredinto by my Department with the same firm forthe provision of support and maintenance and forminor enhancements to the civil registration com-puter system. This contract was awarded follow-ing a competitive tendering process which wascarried out in accordance with EU and Depart-ment of Finance procurement rules. The contractis for the period 1 January 2004 to 31 December2005. The amounts paid to date to the firm inquestion are as follows: 2004, \560,457.60 and2005, \491,219.28.

The civil registration modernisation prog-ramme has been recognised nationally and inter-nationally as an excellent example of best prac-tice in public administration and has receivedawards from the EU, the European Institute ofPublic Administration, The Wall Street Journaland Computerworld magazine. I am satisfied thatthe modernisation programme has resulted in agreatly improved service to the public and topublic service organisations and represents valuefor money.

Hospital Services.

345. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children if Naas GeneralHospital will continue to play a central role inthe delivery of surgical and medical inpatient andoutpatient services, with reference to the need toincrease delivery of such services in the area; andif she will make a statement on the matter.[29515/05]


Health Services.

346. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children her plans for thedelivery of an improved, efficient and effectivehealth service; and if she will make a statementon the matter. [29516/05]

Tanaiste and Minister for Health and Children(Ms Harney): With effect from 1 January 2005,the Health Service Executive has statutoryresponsibility for the delivery of health services.The Health Act 2004 provides that the object ofthe executive is to use the resources available toit in the most beneficial, effective and efficientmanner to improve, promote and protect thehealth and welfare of the public. I fully supportthe work of the board of the executive and itschief executive officer in the pursuit of theseobjectives. Under Section 31 of the 2004 Act, theexecutive is obliged to prepare, adopt and thensubmit to me for approval a service plan for thefinancial year or other period as may be deter-mined by me.

I approved the executive’s national service planfor 2005. The plan covers all the main prog-rammes of care and treatment for the healthservices and sets down projected activity levelsfor those programmes. The plan also describesthe objectives of the programmes and the actionsto achieve these objectives. It outlines the keyissues for the year ahead and the mechanisms tomonitor it. Initiatives in regard to research, qual-ity, evaluation and value for money are alsocovered. In line with the provisions of the Act, Iensured that a copy of the 2005 service plan waslaid before both Houses of the Oireachtas. Theimplementation of the plan is the operationalresponsibility of the executive and is the subjectof ongoing monitoring by my Department andthe executive. The executive reports to me on aregular basis in regard to the achievement of tar-gets described for each programme.

Under Section 29 of the 2004 Act, the execu-tive is obliged to prepare, adopt and then submitto me for approval a corporate plan for the threeyear period following its submission. The execu-tive has submitted its corporate plan for 2005-08in accordance with the provisions of this section.It incorporates a vision and mission informed bythe goals of the health strategy and tailored toreflect the functions of the executive as a bodywith responsibility for delivering services. I haveapproved the corporate plan and I will ensurethat a copy is laid before Houses of theOireachtas by 21 October 2005.

347. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children the extent to whichagreement has finally been reached regarding therestructuring of the health services with referenceto the needs of the patients; and if she will makea statement on the matter. [29518/05]

356. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children the model on whichthe four proposed new health administrativeareas are based; if, given population and geo-graphic differences, they will be an improvement


[Mr. Durkan.]

on the past; and if she will make a statement onthe matter. [29527/05]


My Department has been informed that, on theinitiative of the Health Service Executive’s chiefexecutive officer, work is under way to examineorganisational arrangements. The overall aim isto simplify a number of key management func-tions, with a view to more integration, consistencyand accountability for patients and frontline staffin the management and delivery of services.

The executive has advised my Department thata proposal is being considered to put in place fouradministrative regions for hospital services. Theseregions would be co-terminus with the existingfour regional structures for the delivery ofprimary community and continuing care. This isbeing considered with a view to achieving greaterintegration and co-ordination in the managementof health services between hospital services andprimary, community and continuing care services.

The executive has emphasised that the examin-ation of the organisational structures is at an earlystage and that no final proposals have emergedas yet. During the coming weeks, the board andsenior management group will be advancing theinitiative. Under the Health Act 2004, the execu-tive has responsibility for the management anddelivery of health and personal social services.The organisational arrangements currently underconsideration are a matter for the executive.



349. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children the number of extrabeds available for acute patients as the winterapproaches; and if she will make a statement onthe matter. [29520/05]



350. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children the degree to which

accident and emergency staff have been increasedor will be increased in order to meet require-ments; and if she will make a statement on thematter. [29521/05]


Health Research.

351. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children if she will allocatefunding for increased studies into the cause orcauses of autism with reference to the high inci-dents here; and if she will make a statement onthe matter. [29522/05]

Minister of State at the Department of Healthand Children (Mr. T. O’Malley): My Departmenthas committed \5 million in funding to an Irishresearch project participating in an internationalgenetics project designed to map the human gen-ome in the search for autism susceptibility genes.

Hospital Acquired Infections.

352. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children the steps that havebeen taken to combat the threat of MRSA athospitals or health centres; if instructions havebeen given in this regard; and if she will make astatement on the matter. [29523/05]

Tanaiste and Minister for Health and Children(Ms Harney): The prevention and control ofhospital acquired infections, including MRSA, isa priority issue for the Health Service Executive.Effective infection control measures, includingenvironmental cleanliness and hand hygiene, arecentral to the control of hospital acquired infec-tions, including drug-resistant organisms such asMRSA.

The Health Service Executive has publishedguidelines on hand hygiene and guidelines on thecontrol of MRSA for hospital and community set-tings. These significant documents give clearpolicy and practice guidance to health careworkers on the control of hospital acquired infec-tions, including MRSA. Good hand hygiene isone of the simplest and most effective measuresthat can be used to stop the spread of MRSA andother infections.

The national hygiene audit has been completedand a report has been sent to the director of thenational hospitals office. The results of the audit


will form the basis for the changes that arerequired in both work environments and workpractices so as to meet the highest possible stan-dards of cleanliness in hospital settings. As I havealready promised, the results of the hygiene auditwill be made public.

The Health Service Executive will also publishnational infection control standards and nationalcleaning standards — a consistent and robust setof hygiene standards for hospitals. Where pre-viously standards may have depended on theapproach of a particular hospital or health board,the Health Service Executive can now ensureevery hospital will share and meet the same highstandards of cleanliness and infection control.

Health Services.

353. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children if she will enhanceand upgrade the quality and quantity of healthservices throughout County Kildare; and if shewill make a statement on the matter. [29524/05]


Hospital Services.

354. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children where services inrespect of respiratory and tuberculosis patients,previously provided for at Peamount Hospital,are now located; if provision is made for isolationto the same extent as previously provided for inPeamount; and if she will make a statement onthe matter. [29525/05]


355. Mr. Durkan asked the Tanaiste and Mini-ster for Health and Children her plans for theretention of the mobile hospital services in northwest Kildare; and if she will make a statement onthe matter. [29526/05]



Health Services.

357. Mr. F. McGrath asked the Tanaiste andMinister for Health and Children if she will assistthe family of a person, details supplied, in Dublin5 whose child is in need of care and attention;and if she will work with the Health ServiceExecutive on this case. [29545/05]


Hospital Services.

358. Mr. Ring asked the Tanaiste and Ministerfor Health and Children when a person, detailssupplied, in County Mayo will be called for a cat-aract removal operation. [29547/05]

Tanaiste and Minister for Health and Children(Ms Harney): The Deputy’s question relates tothe management and delivery of health and per-sonal social services, which are the responsibilityof the Health Service Executive under the HealthAct 2004. Accordingly, my Department hasrequested the parliamentary affairs division ofthe executive to arrange to have this case investi-gated and to have a reply issued directly to theDeputy.


359. Ms O’Sullivan asked the Tanaiste andMinister for Health and Children if the designprocess has been completed for the proposedBreastCheck unit in Cork; and if she will make astatement on the matter. [29548/05]

360. Ms O’Sullivan asked the Tanaiste andMinister for Health and Children if the consultantposts to facilitate the expansion of BreastCheck


[Ms O’Sullivan.]

to the south and west have been approved byComhairle na nOispideal; if not, when it isexpected that they will be approved; and if shewill make a statement on the matter. [29549/05]


As the Deputy will be aware, the design teamwas recently appointed to prepare tender docu-mentation for the two new BreastCheck clinicalunits, one at the South Infirmary-VictoriaHospital, Cork and the other at UniversityCollege Hospital, Galway. It is anticipated that,subject to obtaining satisfactory planningapproval, the design process, including the prep-aration of the tender documentation, will be com-pleted by mid-2006.

I understand that the National Hospital Office-Comhairle board recently approved in principle12 consultant posts required for the national rollout. The board is seeking clarification fromBreastCheck regarding sessional commitments ofa number of posts. Discussions are also takingplace, involving my Department, on the revenueconsequences of these posts.

Asylum Support Services.

361. Mr. Healy-Rae asked the Minister for Fin-ance the number of properties the Governmentbought for refugees and asylum seekers; if theseproperties are still in their possession; if he willconsider putting the homeless into any of thesevacant properties; and if he will make a statementon the matter. [29204/05]

Minister of State at the Department of Finance(Mr. Parlon): The Commissioners of PublicWorks, acting on behalf of the Department ofJustice, Equality and Law Reform, purchased thefollowing properties for the accommodation ofasylum seekers: Broc House, Nutley Lane,Dublin 4; Parnell West Hotel, Parnell Square,Dublin 1; Park Lodge Hotel, Killarney; AtlasHouse, Tralee; Atlas House, Killarney; Cork Air-port Hotel, Kinsale, County Cork; JohnstonMarina Hotel, Tralee; Lynch’s Lodge, Macroom;the Deveraux Hotel and Bungalow, RosslareHarbour and Ionad Follain, Myshall, CountyCarlow.

Of the above properties, Broc House has beentransferred to the affordable housing initiative;Lynch’s Lodge hotel is scheduled for sale on 24November 2005 and Parnell West Hotel will bedisposed of on the open market in the nearfuture.

School Accommodation.

362. Mr. Durkan asked the Minister for Fin-

ance the action he proposes to take to addressthe issue of the seriously leaking roof of a school,details supplied, in County Kildare; and if he willmake a statement on the matter. [29271/05]

Minister of State at the Department of Finance(Mr. Parlon): An outline scheme to replace theasbestos-based roof at the above school has beenprepared by the consulting architects com-missioned to design and oversee the project. Afull report, including budget costs, is expectedshortly. Work will commence as soon as possibleon completion of the various processes involved,including planning and tendering, but at this stageit is not possible to give a precise starting date. Inthe meantime, plans are in hand to make tempor-ary repairs to the leaking areas.

Tax Collection.

363. Mr. P. McGrath asked the Minister forFinance the estimated cost of taxing the presentrate of child benefit. [29534/05]

Minister for Finance (Mr. Cowen): I assumethat what the Deputy requires is the yield to theExchequer if child benefit payments wereincluded as income for tax purposes. I aminformed by the Revenue Commissioners that thefull year yield from taxation of child benefit ateach taxpayer’s marginal tax rate is tentativelyestimated at \377 million in 2005 terms. This fig-ure is provisional and likely to be revised. Fur-thermore, it does not include the yield fromincome earners whose current income levels donot exceed the existing thresholds of exemptionlimits or tax credits and who could be broughtinto the tax net if child benefit payments wereincluded as taxable income. If this amount wasalso taken into account, the yield in a full year isvery tentatively estimated at approximately \400million.

People with Disabilities.

364. Mr. F. McGrath asked the Minister forFinance if he will work closely with the HealthService Executive, Irish Wheelchair Associationand other statutory bodies on the case of a per-son, details supplied, in Dublin 3; and if he willgive maximum support and assistance.[29544/05]

Minister for Finance (Mr. Cowen): I under-stand that the person concerned has applied forthe tax concessions under the disabled driversand disabled passengers, tax concessions, schemeand that she was unsuccessful at first instance andhas appealed to the medical board of appeal forthe scheme. I have no direct responsibility for theday-to-day operation of the medical board ofappeal for the disabled drivers and disabled pass-


engers, tax concessions, scheme. Queries regard-ing individual cases may be addressed to the sec-retary of the disabled drivers medical board ofappeal, c/o the National Rehabilitation Hospital,Dun Laoghaire, County Dublin or alternativelyby telephone at 01 2355279.

I can say that currently the medical board ofappeal is dealing with a backlog of cases thatarose from various operational difficulties. Theboard was reconstituted in April of this year andthe number of medical practitioners on the boardwas increased. I also made regulations last monthto provide for a further increase in the numberof medical practitioners on the board and I amcurrently in the process of making a number ofsuch appointments.

Vehicle Registration Offices.

365. Mr. Haughey asked the Minister for Fin-ance the closing time for lunch in the VehicleRegistration Tax Office of the Revenue Commis-sioners at Furry Park Industrial Estate, Santry,Dublin 9; if the closing time is 12.45 p.m. to 2p.m.; if so, the reason persons who wish to dobusiness in this office sometimes are refusedentry prior to 12.45 p.m., for example, at 12.34p.m.; if there is a lunchtime cut-off, his views onwhether it should be clearly notified andexplained; if his attention has been drawn to thefact that the implementation of such an unknowncut-off time can greatly inconvenience personswho want to use the service; and if he will makea statement on the matter. [29616/05]

375. Mr. F. McGrath asked the Minister forFinance the official opening hours of the vehicleregistration tax office at Furry Park IndustrialEstate, Santry, Dublin 9; and if he will investigatethe enclosed complaint (details supplied).[28993/05]

Minister for Finance (Mr. Cowen): I proposeto take Questions Nos. 365 and 375 together.

I am informed by the Revenue Commissionersthat the opening hours of the vehicle registrationtax office at Furry Park Industrial Estate, Santry,Dublin 9, are 9 a.m. to 12.45 p.m. and 2 p.m. to 4p.m. Monday to Friday. On the day in questionthe office closed at 12.30 p.m. in order to allowthe four staff on duty time to clear a queue ofeight customers waiting for service in the publicoffice. The last customer was dealt with at 1.05p.m. and the office reopened again at the sched-uled time of 2 p.m.

I am assured by the Revenue Commissionersthat this was a rare occurrence because the officewas particularly busy on 7 October. The RevenueCommissioners apologise to the persons con-cerned for any upset or inconvenience theyexperienced due to the early closure of thevehicle registration office on the date in question.

I am also informed that the Revenue Commis-sioners are considering options for extending theopening hours of vehicle registration offices,including lunch-time opening.

Tax Code.

366. Mr. Bruton asked the Minister for Financeif his attention has been drawn to the unfair taxtreatment of unmarried couples in the event thatone gives up work to look after their children; ifhe will introduce an extra tax allowance in the taxcode in order that couples that present evidenceto the Revenue Commissioners that they are liv-ing together and rearing children will receive thebenefit of extra tax credits and the higher stan-dard rate cut off point. [28604/05]

Minister for Finance (Mr. Cowen): Generallyspeaking, the tax system treats members ofcohabiting couples as separate and unconnectedindividuals. Each partner is a separate entity fortax purposes and credits, and bands and reliefscannot be transferred from one partner to theother. There are no special favourable taxarrangements for cohabiting couples with depen-dent children.

The working group examining the treatment ofmarried, cohabiting and one-parent familiesunder the tax and social welfare codes, whichreported in August 1999, was sympathetic, inprinciple, to changes in the tax legislation toaddress the issues raised relating to cohabitingcouples and reported that the options it set outshould be considered further. However, itacknowledged in relation to the tax treatment ofcohabiting couples that a key issue is whether taxlaw should proceed ahead of changes in thegeneral law.

The Law Reform Commission published a con-sultation paper on the rights and duties of cohab-itees in April 2004. That paper indicated that inthe light of the current policy with regard to indi-vidualisation of the tax bands, the commissionwas not recommending any change to the incometax treatment of cohabiting couples.

Child benefit is the main instrument throughwhich support is provided to parents in respect ofqualifying children and this is available whetherthe parents are single, cohabiting or married. TheGovernment has substantially increased childbenefit since coming into office in 1997. Overallexpenditure on child benefit has increased by279% from \506 million in 1997 to an estimated\1.916 billion in 2005. At the same time, I haveindicated to the House previously that I believethere is a need to examine pragmatically andpractically what can be done in regard to provid-ing child care support to parents.

I have also put on the record of the House thatI would view as problematic and unwise asituation where changes in the tax code relating


[Mr. Cowen.]

to the treatment of couples would set a headlinein advance of developments in other relevantareas of public policy, for example, in the area oflegal recognition of relationships other than mar-ried relationships. I am still of that view.

Flood Relief.

367. Mr. Gormley asked the Minister for Fin-ance if money will be made available for flooddefences in Dublin South East; the amount thatwill be made available; and if he will make astatement on the matter. [28662/05]

Minister of State at the Department of Finance(Mr. Parlon): The Commissioners of PublicWorks have agreed in principle to provide fund-ing for the preparation of a catchment flood riskmanagement plan for the River Dodder, to becommissioned by Dublin City Council. Pro-cedures for the engagement of consultants toundertake the study are in train.

The commissioners have had discussions withDublin City Council officials regarding the possi-bility of undertaking flood defence measures onthe lower reaches of the river next year. Theseconsultations are ongoing.

Decentralisation Programme.

368. Mr. Gormley asked the Minister for Fin-ance if, in view of the fact that the Office ofPublic Works have been given the task of build-ing new Government buildings throughout thecountry following the decentralisation prog-ramme, there are requirements to construct thesenew buildings according to environmental prin-ciples; the guidelines that have been set for usingsustainable construction materials, high levels ofenergy efficiency and ecological landscapingmaterials and plants; and if he will make a state-ment on the matter. [28663/05]

Minister of State at the Department of Finance(Mr. Parlon): The OPW is committed to incorpo-rating principles of sustainable design and energyefficiency into all of its building projects in linewith Government policy on sustainable designand its commitment to the Kyoto Protocol. Inrelation to the decentralisation programme it hasprepared a substantial briefing document thatforms part of the tender documentation forlocations that are being procured on a designbuild basis. This document has issued already totenderers for locations at Athlone, Newcastlewestand Killarney.

The briefing document provides a qualitativedefinition of the requirements to be provided bycontractors in the design and construction of thebuilding as well as referring them to relevantguidelines and publications. It also sets out for

each location the scope of the project and therequirements of the building particularly inrelation to the building regulations, the localplanning authority and the Safety Health andWelfare Act, accessibility, sustainability, envir-onment and building performance and so on.Moreover, in the award process for these projectsthe approach will be to reward sustainable design.

Recycling Policy.

369. Mr. Gregory asked the Minister for Fin-ance if the Office of Public Works will considerdeveloping a composting facility in the parksunder their control; if they will allow for localcommunity participation in any such facility; andif he will make a statement on the matter.[28695/05]

Minister of State at the Department of Finance(Mr. Parlon): The Office of Public Works is con-scious of the need for environmental protectionand compliance with current best practice, in themanagement of waste, especially at larger heri-tage sites. In this context composting of horticul-tural waste is standard procedure.

The organic waste from the site in question isdealt with by the Phoenix Park management. Asthe site in question is very small, the establish-ment of a separate composting facility there is notfeasible in reality. On the question of providing acomposting service for the local community, thisis outside the remit of OPW and is a matter forthe local authority.

370. Mr. Gregory asked the Minister for Fin-ance if the Office of Public Works will considerintroducing some level of local communityinvolvement in their recycling and compostingunit in the National Botanic Gardens, Dublin 9;if a composting interpretive centre will bedeveloped there; and if he will make a statementon the matter. [28696/05]

Minister of State at the Department of Finance(Mr. Parlon): The provision of such a compostingservice is outside the remit of the Office of PublicWorks. This is ultimately a matter for the localauthority.

Garda Stations.

371. Mr. J. O’Keeffe asked the Minister forFinance if arrangements have been completed forthe purchase of a rear entrance to DunmanwayGarda station; and if not, the reason therefor.[28727/05]

Minister of State at the Department of Finance(Mr. Parlon): I am advised by the Commissionersof Public Works that when all legal matters havebeen concluded, the commissioners will be in a


position to complete the acquisition of the por-tion of the adjoining site required to providevehicular access to the rear entrance of Dunman-way Garda station. The commissioners are pro-ceeding with this acquisition as a matter ofpriority.

372. Mr. J. O’Keeffe asked the Minister forFinance if progress is being made in relation tothe provision of a permanent Garda station atBallinhassig, County Cork; the response whichwas given to the building contractor who pro-posed to construct a Garda station free of chargein lieu of the remaining land on the site.[28729/05]

Minister of State at the Department of Finance(Mr. Parlon): The Commissioners of PublicWorks are currently reviewing the overallapproach to the upgrading-replacement of Gardastations which are in need of significant refur-bishment. As part of the review process, they willbe engaging in consultations with the Departmentof Justice, Equality and Law Reform and theGarda authorities. The specific proposal from thebuilding contractor for the provision of a newGarda station in Ballinhassig, County Cork, willbe assessed in the light of the outcome of thereview.

Stamp Duty.

373. Mr. Kehoe asked the Minister for Financeif there are exemptions for persons over 65 frompaying stamp duty when purchasing a home orhis plans to introduce this exemption; and if hewill make a statement on the matter. [28746/05]

Minister for Finance (Mr. Cowen): There areno age related stamp duty exemptions for any cat-egory of persons for purchasing a home and Ihave no plans to introduce such an exemption.

Arts Plan.

374. Mr. Gregory asked the Minister for Fin-ance if the Office of Public Works will makeavailable on loan pieces of art, sculptures and soon to major community centres or other suchpublic buildings and centres. [28980/05]

Minister of State at the Department of Finance(Mr. Parlon): The OPW purchases and com-missions art works under the Government’s percent for art scheme. National guidelines on theoperation of the per cent for art scheme werepublished by the Department of Arts, Sport andTourism in December 2004.

Under the per cent for art scheme, the OPWpurchases and commissions art works for all capi-tal construction projects under its management.Art works have been acquired by the OPW for

hundreds of public buildings throughout Ireland— including Garda stations, court houses, officesof the Revenue Commissioners, offices of theDepartment of Social and Family Affairs andother regional Government offices. The OPW isalso responsible for the management of art worksin hundreds of heritage properties and majorparks that are all easily accessible to the public.

Other Government Departments, including theDepartment of the Environment, Heritage andLocal Government, Department of Health andChildren, Department of Education and Science,and Department of Communications, Marine andNatural Resources, are responsible for the man-agement and implementation of the per cent forart scheme in their own capital projects.

The OPW has no role in the distribution of percent for art funds for local authority projects —these fall under the management of the Depart-ment of the Environment, Heritage and LocalGovernment. Arts officers and public arts officersin the local authorities are involved in the admini-stration of per cent for art projects in communi-ties throughout Ireland. The OPW is committedto maximum use of the per cent for art schemeand has embraced its use fully in public buildingsthroughout Ireland. This commitment is demon-strated in all the building projects in which theOPW has been involved in recent years.


Listed Buildings.

376. Mr. P. Breen asked the Minister for Fin-ance if the veterinary college in Ballsbridge,Dublin, which was recently demolished, was alisted building, and if he will make a statementon the matter. [29130/05]

Minister of State at the Department of Finance(Mr. Parlon): The former veterinary college inBallsbridge, Dublin, was not a listed structure.

Waste Management.

377. Mr. P. Breen asked the Minister for Fin-ance the provisions which have been put in placeto reuse the stone and other materials from therecently demolished veterinary college inBallsbridge, Dublin, in Office of Public Worksprojects; and if he will make a statement on thematter. [29131/05]

378. Mr. P. Breen asked the Minister for Fin-ance the amount which his Department or theOffice of Public Works was paid for the sale ofstone from the recently demolished veterinarycollege in Ballsbridge, Dublin, to a private con-tractor; and if he will make a statement on thematter. [29132/05]


379. Mr. P. Breen asked the Minister for Fin-ance if he will provide details of the private con-tractor who was sold stone from the recentlydemolished veterinary college in Ballsbridge,Dublin; and if he will make a statement on thematter. [29133/05]

Minister of State at the Department of Finance(Mr. Parlon): I propose to take Questions Nos.377 to 379, inclusive, together.

Hegarty Demolitions Limited was appointedby the Commissioners of Public Works to demol-ish four buildings at the location referred to bythe Deputy. A waste management plan was putin place for the project for the recovery andrecycling of all materials from the site. The creditdue to the salvage items has been accounted foras part of the tendering process.

Tax Code.

380. Ms Burton asked the Minister for Financethe cost to the State of tax foregone from theintroduction of schemes (details supplied) foreach year up to the year to date. [29134/05]

Minister for Finance (Mr. Cowen): I aminformed by the Revenue Commissioners that theavailable information as to the cost to theExchequer of the exemption of certain earningsof writers, composers and artists is in respect ofclaimants who made income tax returns for thefive income tax years 1998-99 to 2002, the latestyear for which it is available. The information isas follows: 1998-99, \24.5 million; 1999-2000,\29.9 million; 2000-01, \37.1 million; 2001, \25.7million; and 2002, \23.9 million.

Claims for the other reliefs mentioned in thequestion are aggregated in tax returns with otherclaims and do not distinguish at present betweenthe reliefs claimed in respect of different schemes.Accordingly, the specific information on costs isnot currently available. Provisions were includedin the Finance Act 2004 to get much of this dataseparately in future. The preliminary data shouldbecome available from early 2006 after thereturns for 2004 are filed in October 2005.

381. Ms Burton asked the Minister for Financeif he will report on the work undertaken by con-sultants to review the tax reliefs to high earners;the name of the consultants; the budget allocatedfor the cost of each such consultancy; the scopeof the work; when the report will be available;and if he will publish the reports. [29135/05]

Minister for Finance (Mr. Cowen): In the 2005budget, I announced a comprehensive prog-ramme of reviews of a broad range of tax incen-tive schemes and tax exemptions. Many of theseschemes are being reviewed internally within theDepartment of Finance and the Office of the

Revenue Commissioners. In addition, following acompetitive tendering process, two external con-sultancy firms were retained to conduct reviewsof the range of property-based tax incentiveschemes. The two firms in question are Good-body Economic Consultants and Indecon Inter-national Economic Consultants.

The terms of reference for the consultancystudies are set out in a press release issued on 6January 2005, which is publicly available on thepress releases section of my Department’s web-site, www.finance.gov.ie. Completed reports fromthe two consultancy firms are expected shortly.I am not yet in a position to indicate any likelypublication date for these studies.

As regards costs, the contracts stipulate thatIndecon International Economic Consultants areto be paid the sum of \224,004, before VAT, inrespect of the review of certain property-basedschemes, and that Goodbody Economic Consult-ants are to be paid the sum of \155,400, beforeVAT, in respect of the review of area-based taxincentive renewal schemes.

Consultancy Firms.

382. Ms Burton asked the Minister for Financethe reason consultants were engaged to reviewthe tax reliefs available to high earners in view ofthe considerable amount of expertise available inrelation to such matters in the Revenue Commis-sioners and in his Department; and if he exam-ined the option of requesting the Revenue Com-missioners to provide the information sought andundertake the consultancy process or to have thework carried out in-house by his own officials.[29136/05]

Minister for Finance (Mr. Cowen): The reasonsfor the engagement of consultants were set out insome detail in the last budget. The consultantsappointed have worked in close co-operationwith special in-house project management teamsset up for this purpose as required under the con-tracts. As indicated already in reply to otherquestions on this issue, my Department and Rev-enue are also carrying out an examination on aseries of other reliefs within Civil Serviceresources. Given the scale, extent, range and nat-ure of the tax reliefs being surveyed, and the tighttime limits involved, the use of consultants as anadjunct to the resources of my Department andRevenue is justified in the circumstances.

383. Ms Burton asked the Minister for Financeif the Revenue Commissioners have been askedto co-operate with the consultancy commissionedby him, 2005 review of tax reliefs and high ear-ners; the amount of work carried out by the Rev-enue Commissioners on behalf of the consultancyproject; and the hours worked and the cost ofsuch work done by the Revenue Commissioners


and his own Department for the purposes of theconsultancy. [29137/05]

Minister for Finance (Mr. Cowen): The con-sultants appointed by me have received full co-operation from the Revenue Commissioners andmy Department. This involvement has largelycovered provision of support data and overallproject management. The work carried out by myDepartment and Revenue in this case can beregarded as within the normal range of duties andfunctions carried out by them in discharging theirresponsibilities. Thus, no separate reckoning isavailable as sought by the Deputy.

Tax Code.

384. Mr. Bruton asked the Minister for Financethe most recent estimates for the cost of incometax reliefs in the tax code and the full returns for2002 and the Revenue Commissioners best esti-mate of their cost in 2005. [29220/05]

Minister for Finance (Mr. Cowen): I assumethe Deputy is referring to the cost for 2002 of allincome tax allowances, reliefs, exemptions andtax credits which are included annually in tableIT 6 of the statistical report of the Revenue Com-missioners.

I am advised by the Revenue Commissionersthat the estimated cost in 2002 of these tax con-cessions is estimated to be in the region of \10.8billion. This figure includes the combined cost forboth income tax and corporation tax for capitalallowances and investment in films which areclaimed under both tax heads.

Sufficient data is not yet available to enable areliable estimate to be made at this stage of corre-sponding costs for 2005 in respect of all of theseitems.

385. Mr. Perry asked the Minister for Financefurther to Parliamentary Question No. 521 of 28September 2005, if he will review this case(details supplied) in view of the information thatwas submitted to his Department official inresponse to correspondences on 27 May 2004; ifa decision will be made and the stamp dutyrefunded; and if he will make a statement on thematter. [29221/05]

Minister for Finance (Mr. Cowen): I amadvised by the Revenue Commissioners that, inthe case referred to by the Deputy, due to abreakdown in communication between two of itsoffices, it was incorrectly stated in the reply to aparliamentary question on 28 September 2005that no response was received from the solicitor’soffice to their letter of 27 May 2004.

The Revenue Commissioners very much regretany inconvenience caused by this and are arrang-ing to deliver the original deed to the solicitor so

that it can be amended to include the relevantowner-occupier certificate. On receipt of theamended deed the commissioners will issue astamp duty refund.

Garda Stations.

386. Mr. G. Murphy asked the Minister for Fin-ance the original estimate for the refurbishmentof Newmarket Garda station, County Cork; andthe final cost. [29222/05]

Minister for Finance (Mr. Cowen): The Com-missioners of Public Works, following consul-tations with the Garda authorities on theirrequirements, estimated that the refurbishmentcosts would be in the region of \350,000.00. As aresult of the tendering process, a contract wasplaced on 6 May 2003 in the sum of \392,000. Thefinal account figure is not to hand as there is oneelement of the works to be finalised. The ESB isscheduled to install a three phase cable this weekwhich on completion will conclude the contact.Agreement on the final account figure will followimmediately. I propose to forward the finalaccount figure to Deputy Gerard Murphy as soonas it is available.

387. Mr. Howlin asked the Minister for Financeif the Office of Public Works has acquired a sitefor the new Garda divisional headquarters inWexford town; the location of the site and theamount paid; if the views of local public represen-tatives were taken into account in deciding on thebest site; and if he will make a statement on thematter. [29223/05]

Minister for Finance (Mr. Cowen): A site for anew Garda divisional headquarters in the Rox-borough area of Wexford town is currently underconsideration. An access issue in relation to thesite has arisen which requires to be resolvedbefore the legal formalities can be finalised. Thefinal decision on the selection of the site for thenew Garda headquarters in Wexford is a matterfor the Department of Justice, Equality and LawReform. As part of making its decision, it willtake account of a range of views and consider-ations, including the technical assessment of theOPW and the legal advice of the Chief StateSolicitor.


388. Mr. P. McGrath asked the Minister forFinance the rates of overtime or additional allow-ances payable to staff who work in his Depart-ments press office in respect of persons being oncall and their additional attendance at workbefore or after normal hours; and if he will makea statement on the matter. [29292/05]


389. Mr. P. McGrath asked the Minister forFinance the amounts of ex-gratia payments madeto staff in his Departments press office in respectof persons being on call and their additionalattendance at work before or after normal hours;and if he will make a statement on the matter.[29307/05]

Minister for Finance (Mr. Cowen): I proposeto take Questions Nos. 388 and 389 together.

The staffing of my Department’s press officeconsists of a press officer, a higher executiveofficer, an executive officer and a clerical officer.With the exception of the press officer, each ofthe other staff members is entitled to claim over-time at standard Civil Service rates in respect ofadditional attendance outside normal officehours. They do not receive any other type of pay-ment to compensate for such attendance. Thepress officer, who is also a civil servant but is in anon-overtime grade, is in receipt of an allowanceequivalent to 10% of salary.

Departmental Staff.

390. Mr. P. McGrath asked the Minister forFinance the amount of compensatory leavegranted or due to be granted to staff in hisDepartment; the individuals to whom they weregranted in respect of additional attendance atwork before or after normal hours of attendance;and if he will make a statement on the matter.[29322/05]

Minister for Finance (Mr. Cowen): In accord-ance with established procedures in Civil Serviceemployment, my Department permits time off inlieu to grades which are entitled to paid overtime,generally staff up to the level of higher executiveofficer. This permits staff to avail of extra timeoff rather than pay for extra attendance. Suchagreements are agreed in advance and must beconsistent with the work demands. This is dealtwith in individual sections and a central record isnot maintained. Officers at APO level and aboveare not entitled to paid overtime. The salary andterms and conditions for such officers areintended to cover significant extra attendance.However, in the case of one such officer, whoundertook significant additional attendance overa prolonged period between 2002 and 2004,arrangements are being made to recognise thisattendance through a combination of annualleave, additional leave and paid study leave.

391. Mr. P. McGrath asked the Minister forFinance if the personnel files of staff in hisDepartment have been copied or given to exter-nal parties; if so, the safeguards which have beenput in place to ensure that no personal data ofany member of staff in his Department will be

released to third parties; and if he will make astatement on the matter. [29337/05]

Minister for Finance (Mr. Cowen): The holdingand use of personal information is governed bythe Data Protection Act 1988 and the Data Pro-tection (Amendment) Act 2003. On commencingemployment with the Department, all staff areinformed of these requirements and sign con-firming knowledge and acceptance of theserequirements. In addition, staff with access topersonnel files are briefed on the confidentialnature of their work. All personnel files in thisDepartment are safely and securely maintainedin the personnel unit.

In the course of matters relating to sick leave,an employee’s personal sick leave details may bepassed to the office of the chief medical officerfor the Civil Service for advice in the normalcourse of events. Where requests for informationfrom other bodies are received, the advice of theOffice of the Chief State Solicitor is obtained, andthe matter dealt with accordingly.

392. Mr. P. McGrath asked the Minister forFinance the number of staff in his Department towhom leave of absence, or any other absencefrom normal duties or place of work, in excess oftwo months was granted for educational purposesin any year since 2002; the nature of the edu-cational course undertaken in each case; if thereare terms or conditions relating to academicachievement attached to the granting of suchleave; if personnel who were granted such leavefailed to complete their courses; and if he willmake a statement on the matter. [29352/05]

Minister for Finance (Mr. Cowen): Since 2003,my Department has permitted two staff at HEO-AO-APO grades, to participate in the mastersprogramme in policy analysis administered by theCentre for Management and OrganisationDevelopment, leading to an MSc in policy analy-sis from UCD.

Participants enter into a contract which pro-vides for refund of course fees and salary in theevent of the person leaving the civil service withintwo years of completion of the course. Partici-pants are also required to reach a satisfactorystandard for attendance, course work and satis-factory performance in the programme. Theselected candidates from 2003 have satisfactorilycompleted the two-year course of study and havebeen placed in work units appropriate to theirnewly acquired skills. A further four staff are cur-rently engaged in the programme, two in firstyear and two in second year.

My Department supported, as a pilot project,participation of two staff at administrative officerlevel, in the masters programme in economics inUCD in the academic year 2004-05. The coursefees were pre-funded and full paid leave for one


academic year was approved with strict pre-con-ditions, signed and agreed by staff and manage-ment, that they attend all lectures, complete allproject work satisfactorily, pass all exams andagree to work in an appropriate area of theDepartment for a further period of three yearsfollowing completion of the course. All fees mustbe refunded if these staff leave the public servicewithin two years of completing the course. Bothparticipants in the pilot project have completedthe programme successfully.

The Department has granted career breaks,that is unpaid special leave, to six staff, from cleri-cal officer to assistant principal level since 2002.The career breaks ranged from six months dur-ation to five years.

393. Mr. P. McGrath asked the Minister forFinance the number of staff who applied for arefund of course fees in respect of courses under-taken at night or evenings; the value of refundsexpected to be made by his Department in 2005;the number of staff to whom approval to attenda course was granted in the last academic year butdid not subsequently apply for the refund; and ifhe will make a statement on the matter.[29367/05]

Minister for Finance (Mr. Cowen): In theacademic year 2004-05, 38 staff members in myDepartment made an application under therefund of fees scheme in respect of courses under-taken at night or evenings. The expected totalcost of the scheme for 2005 is approximately\62,000. Three staff members who were approvedto undertake a course under the scheme in theacademic year 2004-05 did not subsequentlyapply for a refund of fees, as they did not pursuethe particular courses.

394. Mr. P. McGrath asked the Minister forFinance the proportion of his Department’s train-ing budget that is spent on refunds to staff inrespect of night-time or weekend study courses;the list of all courses funded by his Departmentin the past three years; and if he will make a state-ment on the matter. [29382/05]

Minister for Finance (Mr. Cowen): The infor-mation requested by the Deputy is set out in thefollowing table:

Year Training Budget for Expenditure Under thethe Department Refund of Fees Scheme

(calendar year \m) (academic year \m)

2002 1.3 0.081 in 2001/2002 —(6.2%)

2003 1.3 0.099 in 2002/2003 —(7.6%)

2004 1.1 0.059 in 2003/2004 —(5.4%)

The following is a list of all courses funded by myDepartment, under the refund of fees scheme, forthe academic years 2002-03, 2003-04 and 2004-05:masters in economic science; MA in public man-agement; masters in business administration;MBS in human resource strategies; masters inscience in nursing — staff member of the officeof the chief medical officer; barrister-at-lawdegree; BA in public management; BA in busi-ness studies; BA in business management, HRM;BA in industrial relations and human resourcemanagement; BA in marketing; BA in trainingand education; BA in humanities; bachelor ofbusiness studies; BSc in business and informationtechnology; BSc human resource management;BSc in information and technology; BSc in com-puting science; bachelor in maths/analyticalscience; bachelor of nursing studies — staffmember of the office of chief medical officer;bachelor of arts; association of chartered certifiedaccountants; institute of certified public account-ants; institute of accounting technicians inIreland; higher diploma in computer studies;advanced diploma in pc applications; diploma inpublic management; diploma in human resourcemanagement; diploma in legal studies; diploma inpublic relations; diploma in information systemsmanagement; diploma in counselling; diplomacourse in applied Irish; diploma in first line man-agement; diploma in web design; certificate in fin-ance; certificate in public management;CompTIAA and computer technician course;qualification in computer audit; certificate insupervisory management; certificate in civilservice and state agency studies; ECDL; Spanishlanguage course; and leaving certificate.


395. Mr. P. McGrath asked the Minister forFinance the amount spent by his Department onbriefcases; the amount refunded to staff in hisDepartment in respect of purchases of briefcases;the number of staff who have received briefcases;the number of staff who have received refundsfor briefcases they purchased; the largest singleamount paid or refunded in respect of one brief-case; and if he will make a statement on thematter. [29397/05]

Minister for Finance (Mr. Cowen): In the pastthree years, my Department has purchased 31briefcases at a cost of \1,370. Fourteen briefcaseswere allocated to members of staff who use abriefcase on a regular basis. The remaining brief-cases are available for short-term use by staff. Inthe same period \55 was refunded to one memberof staff in respect of a purchase of a briefcase.The largest amount paid for one briefcase was\143. All briefcases purchased or paid for by myDepartment remain the property of the Depart-ment and are allocated to staff for official busi-ness use.

If the Deputy wishes to bring to my attention,by way of representations from him, the names


[Mr. Cowen.]

and addresses of any briefcase manufacturers hehas a particular interest in, I can bring it to theattention of the relevant departmental officialsconcerned.

396. Mr. P. McGrath asked the Minister forFinance the number of personal digital assistantsprovided to staff in his Department; the cost ofsame; the cost of the most expensive personaldigital assistant purchased to date; the grades towhich these devices are issued; if personal digitalassistants are issued as a matter of course or aresubject to preparation of a business case which issubsequently scrutinised; if so, by whom the finaldecision on allocation of personal digital assist-ants is made; and if he will make a statement onthe matter. [29412/05]

Minister for Finance (Mr. Cowen): My Depart-ment has provided five personal digital assistantsto staff in my department. The total cost of thesefive personal digital assistants is \2,341, the mostexpensive being \526. These items are providedto senior management, principal officer or above,and my Department has a stringent policy and setprocedure for the requesting of these items. Eachrequest is scrutinised and approved on the basisof work necessity. The final decision in each casewas made by the principal officer in charge of theIT unit.

Departmental Staff.

397. Mr. P. McGrath asked the Minister forFinance the number of staff in each generalservice and department grade in his Departmentwho have been exempt for a period in excess ofsix months from attending meetings, dealing withcorrespondence, dealing with telephone queries,home or foreign travel, using computers or otherduties by virtue of a medical certificate; if suchlong-term exemptions from normal duties are fairto other staff who must pick up the extra work;if they provide the taxpayer with good value formoney; if such exemptions or certificates have

Year Value of Services Provided Controls Applied in the Procurement ProcessPayment

\

2002 5,687 Subscription This was an annual subscription to the company for accessvia their website to the results of IT research conductedby their analysts. Access to this research proved of valuein determining ICT policy.



2003 1,204 Fee for Executive Report on This was a once-off payment to the company for access toOutsourcing one of their standard executive reports.

been reviewed by the chief medical officer; and ifhe will make a statement on the matter.[29427/05]

Minister for Finance (Mr. Cowen): I under-stand the Deputy has clarified that he is lookingfor the number of staff in my Department whoare currently on sick leave absence of more thansix months. The regulations on paid sick leaveprovide that half rate of pay applies to absencesof more than six months duration. If the absenceis extended beyond one year, pension rate ofpay applies.

Four staff in my Department have been on sickleave of more than six months duration, three ofwhom are on pension rate of pay.

My Department works closely with the officeof the chief medical officer, in accordance withthe guidelines for sick leave in the Civil Service,to monitor all such cases with the aim of reducingthe numbers of staff on long-term sick leave andto minimise the number of sick days taken.


398. Mr. Gilmore asked the Minister for Fin-ance the amount paid to a consultancy company(details supplied) in respect of each year since2000; the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process or processes;if he has satisfied himself that value for moneyhas been achieved in each case; and if he willmake a statement on the matter. [29450/05]

Minister for Finance (Mr. Cowen): In theperiod since 2000 my Department has paid a sub-scription to the company referred to by theDeputy in each of the years 2002, 2003 and 2004,and paid a fee to the company in 2003. The fol-lowing table sets out the details, including thepayment made in each year in which there was apayment to the company, the services providedand the controls applied in the procurement pro-cess. In each case I am satisfied that my Depart-ment achieved value for money.


399. Mr. Gilmore asked the Minister for Fin-ance the amount paid to a consultancy company(details supplied) in respect of each year since2000; the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process or processes;if he has satisfied himself that value for moneyhas been achieved in each case; and if he willmake a statement on the matter. [29465/05]

Year Value of Services Provided Controls Applied in the Procurement ProcessContract

\

2003 18,150 Public Service Identity Management A consultant was chosen from a local competition, whichResearch sought a person with experience in identity

management. The competition involved the submissionof CVs, followed by an interview process. The personworked closely to a brief which was monitored on astage-by-stage basis. The conclusions reached in thisstudy have been used to develop further thinking onidentity management for the Standard AuthenticationFramework Environment (SAFE).

2004 71,725 Overall review and study of HR After a local procurement exercise, this company wasmanagement system and contracted to complete an overall review and study ofimplementation arrangement the HR Management System, including the identification

and appraisal of options for its further development.They worked to a staged delivery plan which wasmonitored. The outputs of this study have been used todevelop the version of the HR Management Systemcurrently being rolled out across the Civil Service.

2004 24,200 E-Government policy preparation A consultant was chosen from a local competition, whichsought a person with experience in interoperability. Thecompetition involved the submission of CVs, followedby an interview process. The person worked closely to abrief which was monitored on a stage-by-stage basis.The conclusions reached in this study were used todevelop a Presidency document under Ireland’sPresidency of the EU entitled “Key Principles of anInteroperability Architecture” which is published onboth the REACH and EU Public AdministrationNetwork websites.

Tax Yield.

400. Mr. P. McGrath asked the Minister forFinance the way in which nursing homes thatcease to operate will be identified by Revenue inorder to recoup the allowances and grant as isspecified in law in view of the fact that since nurs-ing homes which have availed of the capitalallowances tax clawback must continue tooperate as such for ten years after opting into thisscheme, and since the Revenue Commissionersdo not identify where capital allowances areapplied. [29536/05]

Minister for Finance (Mr. Cowen): Capitalexpenditure incurred on the construction orrefurbishment of registered nursing homes maybe written off for tax purposes over seven yearsat the rate of 15% per annum over the first sixyears and 10% in the seventh year. To qualify forallowances the home must be operated or man-aged as a registered nursing home within themeaning of section 2 of the Health (Nursing

Minister for Finance (Mr. Cowen): In theperiod since 2000, my Department has engagedthe company referred to by the Deputy to under-take three consultancies. The following table setsout details of the contracts, including the paymentmade in each year in which there was a paymentto the company, the services provided and thecontrols applied in the procurement process. Ineach case I am satisfied that my Departmentachieved value for money.

Homes) Act 1990 and be registered under section4 of that Act.

Where a nursing home ceases to operate,entitlement to further allowances is lost. Also,there is provision for the clawback of any allow-ances already claimed where a nursing home issold, for instance, or ceases to be used. The claw-back, known as a balancing charge, can beapplied at any time up to ten years after a nursinghome was first used.

I am informed by the Revenue Commissionersthat, under the self-assessment system, the onusis on the taxpayer in the first instance to adviseRevenue of changes in his or her circumstances,including when a business ceases. I am furtherinformed that when tax returns are submitted tothe tax district for processing, all cessation casesare specifically reviewed by an officer and thequestion of clawback, if appropriate, would beconsidered as part of that review. Where a taxreturn is not submitted, it will be pursued underthe annual returns compliance programme and


[Mr. Cowen.]

followed through to prosecution if appropriate.Nursing homes, in common with all businesses,are also included in Revenue’s audit programme.

Fishing Industry Development.

401. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe way in which the turnover of the Irish catch-ing industry is broken down between fishstocks. [28620/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): In 2004 the total value of land-ings by the Irish fleet was just over \186 million.The breakdown of this amount between thedemersal, pelagic, deep-sea and shellfish seg-ments is shown in the following table.

Value \ of landings in2004

Demersal 47.3 million

Pelagic 56.1 million

Deep Sea 2.7 million

Shellfish 80.1 million

402. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe number of direct jobs the fishing industryaccounts for. [28621/05]

403. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe number of indirect jobs the fishing industryaccounts for onshore. [28622/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): I propose to take QuestionsNos. 402 and 403 together.

The fishing industry accounts for approxi-mately 11,000 direct jobs and an additional 14,000jobs indirectly, through industries and servicesdependent on the fishing sector.

404. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesif the turnover of the Irish fishing industry will beexpanded over the coming ten to 15 years; theamount by which the industry will be expanded;the range of employment growth which is pos-sible in the industry; if the industry does not per-form as well as hoped, the percentage by whichthe industry will be contracted; and if the industrycontracts the job losses which may occur.[28623/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): The Government is supporting

the development of the seafood industry througha number of programmes under the aegis of thenational development plan. This developmentsupport is supplemented by measures such as therecent Government decision to introduce a fleetdecommissioning scheme over the next two yearsat a cost of \45 million to enhance the overalleconomic viability of the whitefish and shellfishsectors.

The scope for further development of theindustry over the next ten to 15 years will bedetermined in the context of the next nationalplan for the period 2007 to 2013. In this regard,extensive discussions have already been held atEU level regarding a new European fisheriesfund to apply over the period 2007 to 2013.

Once the terms of the new European FisheriesFund have been agreed at EU level, the Depart-ment and BIM, in consultation with the industrystakeholders, will commence the process of pre-paring a national strategic plan and operationalprogrammes for the various sectors of the sea-food industry which will clearly set out the poten-tial for future development of the industry interms of output, income and employment overthe next ten years.

The future turnover and growth potential ofthe fishing industry in Ireland and elsewhere willcritically depend on having healthy fish stocksand ensuring that they are harvested on a sus-tainable basis. In light of the increased emphasison stock conservation in recent years under thesuccessfully reformed Common Fisheries Policyin 2002, I am satisfied the industry can have abright future and that will be the driving aim inthe formulation of future development plans forthe industry.

405. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe percentage of imported fish which is eatenhere. [28624/05]

406. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe percentage of fish caught here which isexported. [28625/05]


In 2004, the percentage of fish imports, exclud-ing fishmeal and oil, consumed by the homemarket amounted to 92% in terms of volume and98% in terms of value. The remainder consistsof fish imported for processing and export. Thepercentage of the Irish fish catch that is sold onexport markets is estimated at approximately80%.

407. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe percentage of public money that has been


spent to date in 2005 on removing excess catchingcapacity from the fishing industry. [28626/05]

408. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourceshis views on whether reduction in capacity in thefishing industry is needed to ensure long-termsustainability; and if he will implement any suchmeasures. [28627/05]

412. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesif he will implement changes within the Govern-ment’s management of the Irish fishing fleet; andthe amount of public money that will be spent onsuch changes. [28631/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): I propose to take QuestionsNos. 407, 408 and 412 together.

A scheme to decommission fishing vessels waslaunched on 4 October. This scheme has beenintroduced to remove excess capacity in ourwhitefish and shellfish fleets, in the face ofdecreasing fishing opportunities brought about bycuts in fish quotas. As there can be no expec-tation of increased catches in the short term, thisscheme is designed to target those fishermen whofind themselves in a position where they are nolonger getting an economic return and to delivera sustainable future for those that remain in theindustry. The aim of the scheme is to remove upto 25% from the whitefish fleet and reduce thescallop fleet to 4,800 kW. This is necessary toachieve balance between the available fishingopportunities and the economic requirements ofthese sections of the fleet.

Some \45 million has been allocated for thisscheme to decommission fishing boats. Of thistotal, \8.8 million is already provided for underthe national development plan which runs to2006, of which 75%, \6.6 million, is funded fromthe Financial Instrument for Fisheries Guidance,FIFG, with the remaining 25%, \2.2 million,being met through matching Exchequer funding.The future mechanism for EU funding after 2006has yet to be finalised at EU level. Given thatthe decommissioning scheme has only just beenlaunched, no spend has taken place so far in 2005.

409. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe amount in terms of weight and monetaryvalue, which the fishing fleet here has landed incatches over the past 15 years on a yearlybasis. [28628/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): I am arranging for the compi-

lation of statistics on the landings of the Irish fish-ing fleet over the past 15 years in terms of weightand value. I will forward these directly to theDeputy as soon as possible.

410. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe value of the fishing industry to the economyhere. [28629/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): Ireland’s fishing industry is animportant and valuable source of economicactivity to the country and in particular to thecoastal communities in which it is based. In 2004it is estimated that the final value of seafood salesamounted to \686 million with \305 million ofthis being seafood sales nationally and \381 mil-lion being exports.

411. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe amount of public money that is spent on man-aging the fishing industry annually; the figureswith and without the included cost of decom-missioning; the amount of public money he willspend on managing the industry over the comingyears; and if the figures are dependent on certaingrowth rates. [28630/05]

413. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesif fishery-dependent areas receive Governmentand EU grants; and the type of grants these areasreceive. [28632/05]


In the period 2000 to date public funding hasbeen provided to the fishing industry under thefollowing EU Financial Instrument for FisheriesGuidance, FIFG, co-financed programmes: fish-eries supporting measure, innovation and sus-tainability, of the productive sector operationalprogramme of the National Development Plan2000-2006; fishing fleet development measure ofthe productive sector operational programme ofthe National Development Plan 2000-2006; andaquaculture development measures of theregional operational programmes of the NationalDevelopment Plan 2000-2006.

A scheme to decommission fishing vessels waslaunched on 4 October 2005. Some \45 millionhas been earmarked in the period 2005 to 2008for this EU co-financed scheme.

The following table sets out the funding for theperiod January 2000 to date under the NDP inrespect of these EU FIFG co-financedprogrammes.


[Mr. Gallagher.]

Fleet Renewal & Modernisation Supporting Measures for Fisheries

Year FIFG Exchequer Private Expenditure FIFG Exchequer Private Expenditure

2000/2001 2,004,354 668,117 2,672,4712002 697,848 320,910 4,061,266 5,080,024 1,178,373 364,148 422,237 1,964,7582003 2,690,963 418,244 5,161,808 8,271,015 1,807,024 591,700 226,718 2,625,4422004 7,026,924 1,005,750 12,082,334 20,115,008 1,624,776 536,311 120,192 2,281,2792005 to date 1,228,933 175,566 2,106,653 3,511,152 827,232 246,198 242,345 485,761

Total 11,644,668 1,920,470 23,412,062 36,977,200 7,441,759 2,406,474 1,011,491 10,029,711

Aquaculture BMW Region Aquaculture S&E Region

Year FIFG Exchequer Private Expenditure FIFG Exchequer Private Expenditure

2000/2001 849,618 147,939 1,217,406 2,214,963 110,635 110,635 221,2692002 2,048,855 346,353 3,106,672 5,501,880 1,282,307 310,110 1,944,394 3,536,8112003 2,385,093 377,908 3,754,096 6,517,098 577,131 195,412 763,438 1,535,9822004 1,663,655 296,216 2,600,957 4,560,828 2,154,490 428,356 3,452,264 6,035,1102005 to date 514,829 77,650 960,518 1,552,997 382,870 54,696 656,349 1,093,915

Total 7,462,051 1,246,066 11,639,649 20,347,765 4,507,433 1,099,209 6,816,445 12,423,087

Public funding has been provided to the fishingindustry under the EU European RegionalDevelopment Fund co-financed fishery harbourinfrastructure measures of the NDP regionaloperational programmes. Some \102 million inpublic funding has been invested in fishery har-

Fishery Harbour Infrastructure-Public Investment 2000-2004

Year Public Investment (\000s)

2000 13.3582001 14.382002 29.9162003 29.7942004 14.73

Total 102.178

In addition to investment under specific NDPprogrammes, Exchequer grant aid is also pro-vided to a number of State agencies withresponsibilities in the fisheries sector generally

Agency 2005 Current 2005 Capital Total 2005Funding (\000s) Funding (\000s) Funding (\000s)

Marine Institute 18,485 4,838 23,323

Bord Iascaigh Mhara* 17,252 10,909 28,161

Aquaculture Licences Appeals Board 274 274

Central and Regional Fisheries Boards/Inland Fisheries 23,731 3,290 27,021

DCMNR Seafood Inspectorate, Coastal Zone and other activities insupport of industry** 7,148 1,150 8,298

Seafood Processing 1,664 1,664

Total 66,890 21,851 88,741

*Includes funding for NDP fleet development and fisheries supporting measures**Non-pay costs for coastal zone and other supporting staff and current expenditure under the fishery harbour centres fund are

not included. In addition, Naval Service and Air Corps costs associated with fisheries protection are not included.

bour infrastructure in the period 2000 to 2004while further investment of over \20 million isplanned for this year. The following table belowshows public investment in each of the years2000-2004.

and in respect of specific schemes. The followingtable shows the grant aid assistance earmarkedfor these agencies and schemes in 2005.


The Marine Institute, which is responsible foradvising the Minister on policy relating to marineresearch and development generally, receives anannual grant-in-aid from the Department, whichin 2005 will total \23.323 million. Bord IascaighMhara has a budget of \28.16 million for 2005.The central and regional fisheries boards, whichare responsible for the conservation, protection,management and development of the inland fish-eries resource in Ireland, receive annual grantfunding from the Department towards their oper-ational costs. The total allocation to the inlandfisheries sector in 2005, including the fisheriesboards and the loughs agency, will amount to\23.741 million.

The Aquaculture Licences Appeals Board,ALAB, established in 1998 under the Fisheries(Amendment) Act 1997, provides an independentauthority for the determination of appeals againstdecisions of the Minister on aquaculture licenceapplications. The 2005 budget for the board is\274,000.

With regard to the monitoring and regulationof managed sea fisheries the Department ofCommunications, Marine and Natural Resourceshas an inspectorate composed of sea fisheryofficers. These officers attend to the dualresponsibilities of the control and regulation ofmanaged fisheries and regulation of food safetyrelated to fish, fishery products and shellfish. Thetotal expenditure incurred in discharging theseresponsibilities, including the salaries paid to theinspectors and the administrative support person-nel involved in this work and any ancillaryexpenses for equipment and activities, is esti-mated as being \4.3 million for 2005.

The projected budgetary requirement for 2006for these inspection and control activities is esti-mated at being approximately \6 million. Thisreflects the emerging trend in European Com-munity legislation that requires member states toprovide a system of control for fisheries conser-vation that meets specific standards laid down inCommunity law. This, in turn, has placedadditional demands on the existing complementof sea fishery officers and consequently theDepartment has had to seek additional inspectionpersonnel to ensure Ireland can meet its legalobligations as a European Union member state.Following recent Government sanction theDepartment has now advertised to fill theseadditional sea fishery officer posts.

The projected salary outturn for the Depart-ment’s seafood control, seafood administration,seafood policy and development, coastal zoneadministration, and inland fisheries divisions in2005 is \6.4 million, including the salaries ofinspectorate staff.



414. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe average percentage of fishery related employ-ment of total employment in fishery dependentareas. [28633/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): Employment statistics for fisher-ies are not normally compiled on this basis.However, an analysis of the 1996 census data car-ried out by the Economic and Social ResearchInstitute on behalf of the national strategy reviewgroup on the reform of the Common FisheriesPolicy covering the ports of Greencastle, Killy-begs, Rossaveal, Castletownbere and DunmoreEast, found that the percentage of employmentin these ports in fishing and related industriesranged between 43% and 69%. This underlinesthe key importance of the fishing sector in socio-economic terms to coastal areas, which is a cor-nerstone of the Government’s approach bothnationally and in EU negotiations.

Marine Accidents.

415. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe number of commercial fishing vessels herethat have been lost at sea over the past ten years;the number of deaths that have occurred as aresult of the loss of said vessels; if the Govern-ment have a fund from which families can drawwhen their principal earner is lost at sea.[28634/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): There is no definitive list held inthe Department of all commercial fishing vesselslost at sea. Furthermore, not all vessels lost at seaare reported as being lost. In the period fromJanuary 1995 to December 2004 there have been23 vessels that were the subject of a marine inves-tigation or inquiry following the sinking or loss ofthat vessel at sea. These vessels were described asfishing vessels in the context of the investigationor inquiry held. The number of deaths thatoccurred as a result of the loss of these vessels is32 persons.

There is no State funding as suggested by theDeputy other than supports available under thesocial welfare code. There was a limited lost atsea scheme put in place in 2001 by the Depart-ment of Communications, Marine and Natural


[Mr. Gallagher.]

Resources, enabling the provision of fishing boatcapacity to qualifying applicants in respect of fish-ing boats lost at sea between 1980 and 1990. Thepurpose of this scheme was not to compensatefamilies for loss of family earnings but to facilitatea family member in continuing a family traditionof commercial fishing. The scheme did not applyto fishing boats lost at sea after 1990 when thecurrent sea-fishing boat register was set upbecause the capacity of vessels which wereincluded on the register after 1990 is available fortransfer to another person, whether it be a familymember or otherwise, in accordance with the pro-visions of sea-fishing boat licensing policy.

Fishing Industry Development.

416. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe number of commercial fish species in Irishwaters. [28635/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): There are some 40 to 50 fishspecies targeted by commercial fishermen inwaters around the Irish coast. The volume andvalue of these species landed varies from speciesto species and from year to year. In 2004 the totalvalue of landings by the Irish fleet was just over\186 million with mackerel \27 million, prawns\13.6 million, lobster \10.7 million and megrim\8.4 million, being the main species in terms ofvalue.

Fisheries Protection.

417. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe strategy in place to protect valuable marinelife; and if there are any future strategies cur-rently being explored. [28636/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): It is presumed that the Deputy’sreference to “valuable marine life” concerns theexploitation of fishery resources. The manage-ment of fishery resources in an EU context is gov-erned by the Common Fisheries Policy. Thispolicy sets out a number of strategies for the pro-tection of fishery resources, including a strength-ened control and enforcement system, recoveryplans for stocks outside safe biological limits,action to address the problem of the discardingof juvenile fish catches, and catch and effort limi-tations. Furthermore, following a conferenceorganised by the Irish Presidency in 2004 onenvironmentally friendly fishing methods, anddiscussions to be held with member states andstakeholders, the Commission is expected to

bring forward a new proposal on technical con-servation measures in 2006.

Marine Safety.

418. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourcesthe plans in place to increase co-operationbetween EU countries on marine relatedactivity. [28637/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): A high level of co-operationalready exists between Ireland and other EUmember states in the marine area, in particular inrelation to marine emergency preparedness andresponse, maritime safety, ship and port security,and fisheries policy. The Department has taken aleading co-ordination role for the EU representa-tive group on the proposed Green Paper onEuropean maritime policy. The first consultationmeeting of member states was held on 29September 2005. It is expected that the proposedGreen Paper will cover a wide range of issuesincluding transport, shipbuilding, tourism, fishing,water quality, oil and gas extraction, the conser-vation of species, and the protection of themarine environment.

With reference to fisheries policy, a key objec-tive of the Common Fisheries Policy, CFP, is toensure that there is co-operation and co-ordi-nation between member states to achieve com-pliance with the rules of the CFP. In particularthe CFP places considerable emphasis on theneed for co-operation in the area of control andenforcement. In this regard the Council of Fisher-ies Ministers agreed in March of this year toestablish a Community Fisheries Control Agency.A key objective of this agency is to improve co-operation and co-ordination between memberstates in areas of control and enforcement. It isexpected the agency will become operational in2006 and I am confident it will succeed in theobjective outlined above.

There are also significant moves under way toimprove co-operation between member states atstakeholder level. Regional advisory councils,RACs, have been established for pelagic stocks,north western waters and the North Sea. Theseare three of a proposed seven RACs to come intobeing. The principle of establishing RACs wasagreed as part of the reform of the Common Fish-eries Policy in 2002, as a means of increasingstakeholder involvement in and ownership of theCommon Fisheries Policy, CFP, as well asimproving communications and relations betweenfishermen and other stakeholders.


419. Mr. Bruton asked the Minister for


Communications, Marine and Natural Resourceshis proposals to stop the problem of drift nettingof salmon which is threatening the supply ofsalmon in rivers; his estimate of the value to thecountry of salmon caught by drift netting com-pared to the added value of salmon caught by anangling tourist; and if he will make a statementon the matter. [28673/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): Since taking up my appointmentas Minister of State with responsibility for themarine, I have reaffirmed the Government’sacceptance of the scientific advice that reductionsin the overall fishing effort are required to sustainand rebuild salmon stocks nationwide. For thisreason, current Government policy has beendesigned to bring spawning escapement up to thelevel of the scientifically advised conservationlimits as soon as possible. In keeping with thispolicy, when setting the commercial salmonquotas for the 2005 season, I gave a firm commit-ment to fully align the exploitation of salmon,both at national and district levels, on the scien-tific advice by 2007.

To achieve this, I have asked the new NationalSalmon Commission to advise as to how best thealignment of exploitation of salmon with thescientific advice can be implemented by 2007,bearing in mind the requirement to ensure thefuture biological viability of the salmon resourcein all catchments and also the needs of all stake-holders, including those who derive their livingfrom the wild salmon resource. I will examinecarefully all recommendations, including thoserelevant to drift netting, made by the salmoncommission in this regard.

With regard to the potential for economicdevelopment of the salmon resource, I am fullyaware of the suggestions to the effect that theremay be greater economic potential for the Stateto be derived from the development of theangling tourism sector than from the commercialfishing sector where salmon is concerned. I amalso aware, however, that consultations conduc-ted by State agencies on these claims have elicitedwidely divergent views among stakeholders notonly on the relative value of the sectors but alsoon the methodology adopted to arrive at thosevalues. No consensus has been reached on anysuggestions that a rebalancing of exploitation ofthe salmon resource in favour of tourism anglingwould deliver significant benefits to the Statefrom a public good perspective.

To provide some clarity on this particular issue,however, the Department has asked the Depart-ment of Arts, Sports and Tourism and the rel-evant State agencies under its aegis, to apply theirexpertise in evaluating the role and contributionof salmon angling tourism and to present a defini-tive view of its potential within the broader tour-

ism sector. It is my belief that the current strategyof developing a sustainable commercial and rec-reational salmon fishery through aligning catcheson the scientific advice holds out the strong pros-pect of a recovery of stocks and of a long termsustainable fishery for both sectors.

Alternative Energy Projects.

420. Mr. Eamon Ryan asked the Minister forCommunications, Marine and Natural Resourcesthe mapping which has been undertaken to estab-lish the potential from the development of geo-thermal energy here. [28684/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): Work ongeothermal energy in Ireland has been under-taken by the Geological Survey of Ireland sincethe late 1970s in co-operation with universitydepartments and the private sector and supportedby the European Commission. Most of the workfocused on areas where warm springs indicatedmedium-depth resources. Exploitation has beenon a small scale and inhibited by relatively lowprices for other energy sources.

Recent sharp rises in hydrocarbon fuel priceshave rightly stimulated fresh interest in geother-mal energy. Most recently a geothermal resourcemap of Ireland was produced on behalf of Sus-tainable Energy Ireland by the CSA Group, inco-operation with Cork Institute of Technologyand the Geological Survey of Ireland.

The study aimed to identify potential resourcesof geothermal energy in Ireland, gather the neces-sary data for geothermal models of Ireland,produce geothermal maps of Ireland and a geo-thermal database, review the current status anduse of geothermal resources in Ireland, and makerecommendations for future geothermal exploi-tation in Ireland. The review indicated goodpotential for using ground source heat pumps andsignificant deeper geothermal resources withpotential for commercial development. Definingthe extent and quantity of those resources willrequire additional work.

The Geological Survey of Ireland, in co-oper-ation with a wide range of public and private geo-science interests, has recently presented a newgeoscience initiative for consideration by Govern-ment. Among other things, this proposes substan-tial new research into geothermal potential inIreland.

421. Mr. Eamon Ryan asked the Minister forCommunications, Marine and Natural Resourcesthe amount of funding which has been providedin each of the past five years for research anddevelopment projects in the area of electricitygeneration from wave power; and the percentageof overall generation expected to come from thissource by 2010 and 2020. [28685/05]


Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): Waveenergy technology is still relatively new and notyet established as a commercial energy tech-nology. Ireland is recognised as having one of thebest wave energy climates in the world and theMarine Institute and Sustainable Energy Ireland,SEI, with their combined briefs of marine tech-nology development in Ireland and promotion ofrenewable energy, have teamed up to develop awave energy strategy for Ireland. Underpinningthis development is a programme of researchand development.

Research and development funding is availablefrom the Marine Institute and SEI to developresearch facilities and support wave and tidalenergy technology developers. The total fundingprovided for wave energy research from 2000 to2005 is \690,000.

My Northern Ireland counterpart, AngelaSmith MP, and I jointly issued a consultationpaper on an all-island 2020 vision for renewableenergy electricity. This document indicates apotential wave and tidal energy electricity gener-ation installed capacity of approximately 5 MW inthe 2010 to 2012 period. It estimates an installedcapacity for wave energy alone of 6 MW by 2020for the all Ireland electricity market.

It is important to note that wave energysystems are in a development stage worldwideand are not commercially available. Wave andmarine tidal energy are typically consideredunder the same heading as ocean energy. Thedevelopment status and issues facing bothtechnologies are closely related. SEI and theMarine Institute have made recent estimates forthe potential growth rate for ocean energysystems assuming the first reliable ocean energysystems become available in Ireland by 2010. It isestimated that 4 MW of demonstration systemscould be generating electricity by 2010 in Irelandand increasing incrementally thereafter.

422. Mr. Eamon Ryan asked the Minister forCommunications, Marine and Natural Resourcesif he will support the introduction of mandatorytargets for energy efficiency gains under the pro-posed European Union new energy efficiencydirective which is due to be considered by theCouncil of Ministers. [28686/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): Manda-tory targets that are realistic and potentially achi-evable are useful instruments to drive greaterenergy efficiency. Unless there is a real prospectof achievement such targets would be counter-productive. Our efforts must, therefore, concen-trate on agreeing targets that stretch us but arewithin our reach.

Energy Resources.

423. Mr. Eamon Ryan asked the Minister forCommunications, Marine and Natural Resourcesif any assumptions have been made on the likelyprice of oil in 2020 in view of his Department’srole in the long term planning of Irish energypolicy; and if so, the projected price per barrelthat has been used. [28687/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): I haveinstructed my officials to draft a comprehensivepolicy statement which fully addresses the issuesand challenges that lie ahead in the energy area.It is my intention that the policy paper will haveboth a medium and a long-term perspective,explaining the policies that are in place now andwhich will have a direct effect over the next fiveyears or so, and also looking forward to 2020 andbeyond to assess what our energy needs might beand what policies we might adopt to ensure thatthose needs can be met in a sustainable way. Esti-mates of energy demand in the future will alwaysdepend on assumptions about a range of vari-ables, including fuel prices. Work on all aspectsof the policy paper, including estimates of energydemand in 2020, are under way but have not beencompleted. I aim to have a completed paperready for publication in 2006.

Electricity Generation.

424. Mr. Eamon Ryan asked the Minister forCommunications, Marine and Natural Resourceswhen the full separation of ESB and Eirgrid willoccur; the timetable for the various stages in thecompletion of that process; and if he will make astatement on the matter. [28688/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): Everyeffort is being made to conclude outstandingmatters in order that EirGrid will become fullyoperational as a licensed transmission systemoperator as soon as possible.

Alternative Energy Projects.

425. Mr. Eamon Ryan asked the Minister forCommunications, Marine and Natural Resourcesthe role his Department has played in setting upthe energy research funding within the next Euro-pean Union seventh framework research prog-ramme; and if a national Government will arguefor a greater level of funding to be directed torenewable energy research projects in compari-son with nuclear power research. [28689/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): The Mini-ster for Enterprise, Trade and Employment isresponsible for the articulation, at EU level, of


Ireland’s position on the EU framework prog-ramme. The proposed framework programmeincludes a wide range of sectoral and thematicresearch areas such as information technologies,life sciences, food, marine, energy, aeronautics,and atomic energy.

My Department continues to liaise with theDepartment of Enterprise, Trade and Employ-ment on the Irish position on energy researchunder the proposed seventh framework prog-ramme and the underpinning specific prog-rammes being developed by the European Com-mission for debate at the EuropeanCompetitiveness Council. Ireland will continue toadvocate strongly for support for renewableenergy research as a priority area under theframework programme.

426. Mr. Ring asked the Minister forCommunications, Marine and Natural Resourcesthe timescale that is envisaged by the Com-mission for Energy Regulation to complete theprocessing of application from wind turbine gen-erating farms in gate 2 series of applications; andif he will make a statement on the matter.[28767/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): Gate 2applications are grid connection processing issuesbetween the Commission for Energy Regulation,the system operator and individual developers inthe first instance. I have no function in thisprocess.

427. Mr. Ring asked the Minister forCommunications, Marine and Natural Resourcesif outstanding issues with the Energy Regulatorrelating to gate 1 applicants are impeding the pro-cessing of gate 2 applicants; if so, the closing datethat is envisaged to have all matters relating togate 1 applicants finalised by the Commission forEnergy Regulation; and if he will make a state-ment on the matter. [28778/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): Gate 1 andgate 2 applications are grid connection processingissues between the Commission for Energy Regu-lation, the system operator and individual devel-opers in the first instance. I have no function inthis process.

Harbours and Piers.

428. Mr. Sargent asked the Minister forCommunications, Marine and Natural Resourcesif he will consider the need for funding beingstressed by Fingal County Council following thehandover of harbours under the Harbours Act1996 in Balbriggan and Skerries and the sub-sequent need for extensive repairs to be carried

out including the rebuilding of the harbour wallwhich has partly collapsed into the harbour inBalbriggan; and if he will further consider thewillingness of Fingal County Council to providematching funding in the spirit of partnership withhis Department. [29090/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): Balbriggan and Skerries har-bours were transferred to the control of FingalCounty Council in 2004 under the Harbours Act1996. Government policy in relation to ports,including the 11 regional harbours, is set out inthe ports policy statement published in Januarythis year by the Department. The policy state-ment notes that many regional harbours haveneither the resources nor the capability to complywith aspects of the code of practice for thegovernance of State bodies, whereas theirtransfer to local authority control would bringimproved corporate governance and allow theharbours to realise their amenity potential. TheDepartment is working with the Department ofthe Environment, Heritage and Local Govern-ment, to advance the implementation of the portspolicy statement with regard to the transfer ofregional harbours to local authority control.

The Department has invested in essentialpublic safety works at a number of regional har-bours in 2004 and plans to continue with a similarprogramme of works in 2005 and 2006. TheDepartment proposes to make funds available toallow additional works to be undertaken at theregional harbours where appropriate and justifi-able, to protect the public and the fabric of theharbours. The Department is assessing whatessential works might be undertaken in 2005 and2006 within the limited budget available. A sub-mission regarding works required at Balbrigganand Skerries harbours has been received in theDepartment and forwarded to the Department’sengineering division for its evaluation.

Inland Fisheries.

429. Mr. Ferris asked the Minister forCommunications, Marine and Natural Resourcesif his Department will give an undertaking to pur-chase the Owenmore River in County Kerrywhich will go on sale on 21 October 2005 toensure that the river and its amenities are madeavailable for public use by the local com-munity. [29093/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): Under the Fisheries Acts,primary responsibility for the management anddevelopment of the inland fisheries sector restswith the local fisheries board, in this case theSouth Western Regional Fisheries Board. There


[Mr. Gallagher.]

is, however, neither funding nor a grant schemeavailable through which either the Department orthe fisheries board could consider providingassistance towards the purchase of this fishery.

It is my understanding, from a recent reply bymy colleague the Minister for Community, Ruraland Gaeltacht Affairs to a similar question, thatUdaras na Gaeltachta had invited the local co-operative society to submit any developmentplans it may have for the Owenmore fishery andthat Udaras na Gaeltachta has agreed to provideassistance to enable the preparation of a businessplan in relation to the purchase and developmentof the fishery and the sourcing of investment forsuch a purchase.

Seirbhısı Phoist.

430. D’fhiafraigh Mr. McGinley den AireCumarsaide, Mara agus Acmhainnı Nadurtha anbhfuil se i gceist aige go mbeidh na zip-choid nuain Eirinn bunaithe ar logainmneacha Gaeilge, ise sin, an bhfuil se ar intinn aige an coimriu atain usaid sa choras idirnaisiunta rıomhaireachta ausaid agus an ndeanfaidh se raiteas inathaobh. [29218/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): Taim sastago dtabharfaidh usaid phost-chodanna deistairbhe do ghno an phoist, do na seirbhısı poiblı,do lucht gno agus don chustaimear. Pleifidh sefreisin leis na fadhbanna a tharlaıonn nuair abhıonn an t-ainm cheanna ar an seoladh a usaidle haghaidh ionaid eagsula.

Nıl aon chinneadh deanta go foill i dtaobh crotno cuma beacht d’aon choras phost-chodanna.Beidh ar chumas an bhoird togra post-chodannareimse leathan samplaı a scrudu agus cıoradh adheanamh ar chostaisı agus tairbhe mar chuidden obair sin. Ta se i gceist go gceadoidh an corasata beartaithe leanuint le husaid an tseoladh saBhearla agus sa Ghaeilge mar ata faoi lathairbeag beann ar an litriu agus go gcoimeadfar nalogainmneacha agus ainmneach na mbailte fea-rainn. Ullmhaıodh tuarascail dom chun ceist nabpost-chodanna a scrudu agus bhı ceist nalogainmneacha luaite sna tearmaı tagartha dontogra.

Inland Fisheries.

431. Mr. McGuinness asked the Minister forCommunications, Marine and Natural Resourcesthe number of fishery officers involved in policingthe River Nore at Inistioge and Thomastown inCounty Kilkenny; the number of reports fromfishery officers relating to illegal fishing in thisarea; the number of convictions in each of thepast three years; and if he will make a statementon the matter. [29219/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): Under the Fisheries Acts,responsibility for enforcement of inland fisherieslegislation rests primarily with the central andregional fisheries boards. As the queries raisedby the Deputy are an operational matter for theSouthern Regional Fisheries Board, I have askedthe chief executive officer of that board to ensurethat the information sought by the Deputy is col-lated and forwarded directly to the Deputy assoon as possible.


432. Mr. Walsh asked the Minister forCommunications, Marine and Natural Resourceswhen the accommodation brief for thedecentralised building at Clonakilty, CountyCork will be finalised by the Department ofCommunications, Marine and Natural Resourcesand Bord Iascaigh Mhara to allow the tender pro-cess go ahead; and if he will make a statement onthe matter. [29251/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): TheDepartment and Bord Iascaigh Mhara, BIM,have established a very constructive interactionwith the Office of Public Works, OPW, on siteacquisition and accommodation in Clonakiltywhich has been informed by site visits and regularconsultation. As the Deputy will be aware, onfoot of this interaction, a site has been acquiredin Clonakilty, last month, to accommodate boththe Department and BIM.

A comprehensive specification of the Depart-ment’s requirements was forwarded to OPW inApril which provided a basis for very positive dis-cussion. We have reached broad agreement withthe OPW on the operational space element of thisspecification. A similar specification from BIM isunder active discussion between BIM and theOPW. I expect consultation between the Depart-ment, BIM and the OPW, on the fit out anddesign elements in each organisations specifi-cation, to get under way shortly with a view tofacilitating the OPW in completing a tender docu-ment for a design-build solution in Clonakilty.


433. Mr. Sherlock asked the Minister forCommunications, Marine and Natural Resourcesthe position in relation to the salmon drift netsfishing and the effect it is having on the future ofsalmon stocks resulting in the number of salmonanglers dropping. [29266/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): The central and regional fisher-


ies boards devote considerable effort andresources, in collaboration with Tourism Ireland,to the promotion of angling abroad. I understand,however, that the overall decline in angling tour-ism is not unique to Ireland but reflects a trendwidespread in Europe. The report of the tourismpolicy review group to the Minister for Arts,Sport and Tourism in September 2003, observesa decline in activity holidays which is not confinedto angling but also includes cycling andhillwalking.

While I am aware of the argument that theeffect of drift netting on salmon stocks is a reasonfor the decline in angling tourism in Ireland I amnot, however, aware of any study having beencarried out that supports this particular premise.I am advised that Failte Ireland is carrying outresearch among tour operators involved in pro-moting special activity holidays and specialactivity holidaymakers.

Problems identified include rising costs andaccess to activities. Failte Ireland has, I under-stand, also identified angling among main areasof activity for which detailed marketing planshave been agreed, targeting the markets offeringthe best short-term return. Several other support-ing activities are identified across all productsincluding greater understanding of internationaltrends in demand for special interest products.

It is my belief that the current strategy ofdeveloping a sustainable commercial and rec-reational salmon fishery through aligning catcheson the scientific advice holds out the strong pros-pect of a recovery of stocks and of a long termsustainable fishery for both sectors.

Inland Waterways.

434. Mr. Sherlock asked the Minister forCommunications, Marine and Natural Resourcesif he will provide a progress report on theYoughal river bed; and if he has obtained a reportfrom his legal advisers on the advice sought.[29267/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): The Department has been inconsultation with the legal services on issuesraised concerning the Youghal river bed, and isarranging to seek further advice in light of corre-spondence received from a number of parties.

Harbours and Piers.

435. Mr. Sherlock asked the Minister forCommunications, Marine and Natural Resourcesif he will provide a progress report on the pro-posal for Ballycotton harbour development com-mittee case submitted earlier in 2005 regardingBallycotton harbour. [29268/05]

Minister of State at the Department ofCommunications, Marine and Natural Resources(Mr. Gallagher): The 2005 small harbours prog-ramme was approved by the Minister in July 2005and Ballycotton was not included for funding.The question of providing funding in 2006 will beconsidered in the context of the amount ofExchequer funding available and overallnational priorities.

Telecommunications Services.

436. Mr. Perry asked the Minister forCommunications, Marine and Natural Resourceshis plans to have broadband facilities made avail-able in Ballymote, County Sligo; and if he willmake a statement on the matter. [29269/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): The pro-vision of telecommunications services, includingbroadband services, is a matter for the privatesector companies operating in a fully liberalisedmarket, regulated by the independent Com-mission for Communications Regulation,Comreg.

My Department’s website, www.broadband.gov.ie, lists a number of service providers whooffer broadband services in Ballymote, CountySligo. The website gives price details for the var-ious service levels on offer, and contact numbersfor the service providers.

Departmental Staff.

437. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesthe rates of overtime or additional allowancespayable to staff who work in his Department’spress office in respect of persons being on-calland their additional attendance at work before orafter normal hours; and if he will make a state-ment on the matter. [29293/05]

438. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesthe amounts of ex-gratia payments made to staffin his Department’s press office in respect of per-sons being on call and their additional attendanceat work before or after normal hours; and if hewill make a statement on the matter. [29308/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): I proposeto take Questions Nos. 437 and 438 together.

Staff in my Department’s press office may bepaid overtime or granted leave in lieu at standardrates for additional attendance before or afternormal office hours. There are no other allow-ances paid in respect of such attendance.


439. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesthe amount of compensatory leave granted or dueto be granted to staff in his Department; the indi-viduals to whom they were granted in respect ofadditional attendance at work before or after nor-mal hours of attendance; and if he will make astatement on the matter. [29323/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): It is notpossible to provide the information sought by theDeputy in the time available. I will revert to himas soon as possible.

Departmental Records.

440. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesif the personnel files of staff in his Departmenthave been copied or given to external parties; ifso, the safeguards which have been put in placeto ensure that no personal data of any memberof staff in his Department will be released to thirdparties; and if he will make a statement on thematter. [29338/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): MyDepartment places great emphasis on safeguard-ing the confidentiality of all personal data heldon staff’s personnel files. To that end, systems arein place to ensure that all such data is kept secureand is only accessible to a limited number ofauthorised staff within the Department.

There are only three circumstances in whichpersonnel files of staff in my Department may becopied or given to given to external parties. First,in the case long-term absenteeism on sick leave,the practice until recently had been for the indi-vidual’s personnel file to be referred to the chiefmedical officer for review. In such instances, astrict operational regime was in place whichinvolved the file in question being delivered byhand from my Department directly to the chiefmedical officer, whose office is keenly aware ofthe confidential nature of personnel files. Thissystem has recently been revised with the intro-duction of a case referral form, which obviatesthe need for transmitting the entire personnel file.

Start Date Date of Course Details SchemeReturn

13/09/04 28/09/05 MSc Medical Physics Special leave without pay under terms ofDepartment of Finance circular 2/76

07/09/02 08/10/03 MA in Archaeology Career break under terms and conditionsof Department of Finance circular18/98

02/05/00 03/05/05 Certificate in Elementary Cookery, progressing Career break as aboveto 2 year full-time professional cookery

13/06/05 14/01/08 Trainee Solicitor Career break as above

16/04/99 15/04/01 Computer Science Career break as above

Second, my Department has occasionallyreleased data from individual personnel files tosolicitors representing those individuals, but onlywith the consent of the individuals themselves.

Third, in the case of investigations carried outunder the Civil Service disciplinary code, it maybe necessary, in the event of the individuals con-cerned invoking their right of appeal against thefindings of the investigation, to make available tothe Civil Service disciplinary appeals board all, orrelevant papers from, the individual’s personnelfile. The entire disciplinary procedure is,however, carried out to the highest standards ofconfidentiality.

Departmental Staff.

441. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesthe number of staff in his Department to whomleave of absence, or any other absence from nor-mal duties or place of work, in excess of twomonths was granted for educational purposes inany year since 2002; the nature of the educationalcourse undertaken in each case; if there are termsor conditions relating to academic achievementattached to the granting of such leave; if person-nel who were granted such leave failed to com-plete their courses; and if he will make a state-ment on the matter. [29353/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): Theaccompanying table shows the position regardingfive members of staff in my Department whohave been granted leave of absence for a periodin excess of two months for educational purposes.The granting of special leave or career breaks foreducational purposes is not conditional onattaining any particular level of academicachievement or on completion of the course inquestion.

A further two members of staff of my Depart-ment were released from duty for a period of twoyears in order to pursue an MSc in public policyanalysis programme under the terms and con-ditions of Department of Finance circular 13/2003and have successfully completed their studies.Another two staff members are partaking in sub-sequent programmes.


442. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesthe number of staff who applied for a refund ofcourse fees in respect of courses undertaken atnight or evenings; the value of refunds expectedto be made by his Department in 2005; thenumber of staff to whom approval to attend acourse was granted in the last academic year butdid not subsequently apply for the refund; and ifhe will make a statement on the matter.[29368/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): Approvalwas granted by my Department to 66 staff appli-cations for a refund of course fees in respect ofnight or evening courses undertaken in the lastacademic year. Of the 66 approvals granted, feeswere not paid in respect of two of those appli-cations. An amount of \169,318 was paid out inrespect of the remaining 64 staff members whocompleted courses in 2005.

443. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesthe proportion of his Department’s trainingbudget that is spent on refunds to staff in respectof night time or weekend study courses; the listof all courses funded by his Department in thepast three years; and if he will make a statementon the matter. [29383/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): The pro-portion of the training budget spent on refund offees in respect of courses completed in 2005 was8.5%. This percentage can vary from year to yeardepending on the number of applicationsreceived and approved.

Details of the courses funded by my Depart-ment in the last three years are contained in thefollowing table.

Course Course Level

ACCA

Accounting and Finance BA

Accounting and Finance Diploma

Accounting Technician

Agricultural Science PhD

Applied European Law Diploma

Applied PC Applications Advanced Diploma

Applied Project Management Diploma

Arts BA

Audit Management andConsultancy MSc

Bilingual Practice MA

Biodiversity components inForestry Cert

Course Course Level

Business & I.T. BSc

Business Management BA

Business Studies BBS

Business Studies Grad. Diploma

Business Studies BA

Business Studies Diploma

Business Studies Higher Diploma

Business Studies MA

Coaching Dip.

Coastal Zone Management MSc

Computer Studies Dip.

Computerised Accounts — Sage

Computing Science Post Grad. Diploma

Computing Science BSc

Computing Science BA

Corporate Governance PhD

Counselling & Psychotherapy BA

Counselling Skills Certificate

Creative Writing

Data Computing/Maths Modules

Development Management MSc

ECDL

ECDL — Advanced

Economic Policy MSc

Economics BA

Editing & Proof-reading course

Employment Law Diploma

Environmental Protection Post Grad. Diploma

Environmental Protection Diploma

Environmental Studies BA/BSc

EU and International Affairs MA

European Studies Certificate

Field Ecology Diploma

First Line Management Diploma

Food Science & Technology Certificate

Foundation in Civil Law

French Diploma

French/Sociology BA

Geographical Information Systems MSc

Geographical Information Systems Diploma

Governance PhD

Health & Safety Certificate

Human Resource Management Diploma

Human Resource Management MA

Human Resource Management BSc

Humanities BA

ICT at work

Information Technology BSc

Interior Architecture BA

International Affairs MA

International Relations MA

Irish BA


[Mr. N. Dempsey.]

Course Course Level

Irish Law LLB

IT Management BA

Landscape Studies H.Dip

Law Society Prep.course

Leaving Cert/English+Maths Certificate

Legal Studies Diploma

Local & Community Studies BA

Management & Law BSc

Marine Surveying Diploma

Maritime Law Post Grad.

Marketing Diploma

Media Studies MA

Mous (MOS) Master Master

Operations Management Grad. Diploma

Organisational Behaviour MSc

Personnel Management Diploma

Personnel Practice Certificate

Physical Science PhD

Politics & International Studies PhD

Practical Boat Surveying

Professional Development Skills 1

Professional Coaching Diploma

Psychology Diploma

Psychology/Psychoanalysis BA

Public Administration MA

Public Management H.Dip

Public Management Diploma

Public Management BA

Public Management MA

Public Management Certificate

Public Relations MSc

Public Relations Diploma

Small Craft Surveying Diploma

Social Sciences BA/BSc

Spanish

Teachers JEB Diploma

Visual Basic Programming

Web Design Diploma


444. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesthe amount spent by his Department on brief-cases; the amount refunded to staff in his Depart-ment in respect of purchases of briefcases; thenumber of staff who have received briefcases; thenumber of staff who have received refunds forbriefcases they purchased; the largest singleamount paid or refunded in respect of one brief-case; and if he will make a statement on thematter. [29398/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): In the time

available, it has not been possible to identify andassemble the information requested. My Depart-ment is compiling the data sought by the Deputyand I shall forward them to him as soon aspossible.

445. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesthe number of personal digital assistants providedto staff in his Department; the cost of same; thecost of the most expensive personal digital assist-ant purchased to date; the grades to which thesedevices are issued; if personal digital assistantsare issued as a matter of course or are subject topreparation of a business case which is sub-sequently scrutinised; if so, by whom the finaldecision on allocation of personal digital assist-ants is made; and if he will make a statement onthe matter. [29413/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): MyDepartment has purchased 77 personal digitalassistants over the last four years, at a total costof \10,105. The most expensive single unit waspurchased for \756 in 2002, when units were con-siderably more expensive than today. The per-sonal digital assistants are issued to individualofficers based on a business case endorsed bytheir superior and accepted by the service deliv-ery manager in information systems division whohas effective final say in the matter.

The use of personal digital assistants enhancesaccessibility and business efficiency, particularlyfor technical professional staff operating in thefield and staff engaged in regular travel on officialbusiness. The increasing convergence of thesedevices with voice communication and remoteaccess to back-office systems such as electronicmail is rapidly enhancing their utility.

Departmental Staff.

446. Mr. P. McGrath asked the Minister forCommunications, Marine and Natural Resourcesthe number of staff in each general service anddepartment grade in his Department who havebeen exempt for a period in excess of six monthsfrom attending meetings, dealing with correspon-dence, dealing with telephone queries, home orforeign travel, using computers or other duties byvirtue of a medical certificate; if such long-termexemptions from normal duties are fair to otherstaff who must carry out extra work; if suchexempted staff provide the taxpayer with goodvalue for money; if such exemptions or certifi-cates have been reviewed by the chief medicalofficer; and if he will make a statement on thematter. [29428/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): At the


request of my Department, two members of staffhave been assessed by the Civil Service occu-pational health department which recommendedthat, for medical reasons, the individuals shouldbe exempt from certain limited duties pertainingto their posts. In one case alternative duties havebeen assigned while arrangements were put inplace to accommodate the special needs of theother staff member. In keeping with the Depart-ment’s pastoral duty of care and statutoryresponsibilities as an employer, the arrangementswere put in place to take account of the particularneeds of the individuals concerned. I am alsoadvised that these arrangements have not undulyaffected business delivery by the Department.


447. Mr. Gilmore asked the Minister forCommunications, Marine and Natural Resourcesthe amount paid to a consultancy company(details supplied) in respect of each year since2000; the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process or processes;if he has satisfied himself that value for moneyhas been achieved in each case; and if he willmake a statement on the matter. [29451/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): The com-pany referred to by the Deputy has not beenemployed to provide direct consultancy servicesto my Department in the period. My Departmentsubscribes annually to the service provided by thecompany in terms of analysis and research infor-mation on ICT strategic business and technologytrends and best practice. In addition to theseresearch data targeted to suit my Department’sspecific ICT business needs, the service also pro-vides monthly chief information officer executivereports and access to the executive programmenetwork for private and public sector chief infor-mation officers. The subscriptions paid are at thestandard rate for the company’s services, dis-counted for Government subscribers.

The subscription was \13,225 in 2003; \31,439in 2004; \34,989 in 2005; the increase over 2003represents an upgrade to the premium servicefrom 2004. The subscription represents value formoney as a quality and topical source of strategictrends and analysis in global business and tech-nology. The subscription will continue to be keptunder review to ensure that it represents ongoingvalue for money for my Department’s infor-mation systems division and senior management.

448. Mr. Gilmore asked the Minister forCommunications, Marine and Natural Resourcesthe amount paid to a consultancy company(details supplied) in respect of each year since2000; the details of each of the contracts and

services provided; the nature of the controlsapplied in the procurement process or processes;if he has satisfied himself that value for moneyhas been achieved in each case; and if he willmake a statement on the matter. [29466/05]

Minister for Communications, Marine andNatural Resources (Mr. N. Dempsey): The com-pany referred to by the Deputy was paid \26,886in March 2000 in respect of its undertaking the1998-99 audit of the European agricultural guid-ance and guarantee fund for my Department. Thecompany was selected for this work followingnormal Government tendering procedures andapproval by the Government contracts committeeand I am satisfied that value for money wasobtained in this case.

EU Constitution.

449. Aengus O Snodaigh asked the Minister forForeign Affairs the meaning of the phrase “theGovernment will use this period to promoteactive engagement with the European Consti-tution” appearing in Ireland and the EuropeanUnion, issued by him in October 2005.[28655/05]

Minister for Foreign Affairs (Mr. D. Ahern):The Deputy’s question arises from the publi-cation, earlier this month, of Ireland and theEuropean Union: Identifying Priorities and Pur-suing Goals . Following the referendum results inFrance and the Netherlands, the EuropeanCouncil decided at its meeting in June to initiatea period of reflection and national debate withregard to the European constitution, involvingcitizens, civil society, social partners, national par-liamentarians and political parties.

The Government intends to use this period ofreflection to promote enhanced public awarenessof EU issues vital to Ireland, including the Euro-pean constitution, whose ratification remains akey objective. The White Paper on the Europeanconstitution, which was published on 13 October,is an important step in this direction. It providesthe public with a clear and factual explanation ofthe various elements in the constitution.

The national forum on Europe will continue toplay a leading role in facilitating increased publicengagement with the range of EU issues that arevital for Ireland. It is envisaged that there will bean Oireachtas debate on the European consti-tution and the challenges facing Europe. Non-governmental and voluntary organisations alsohave vital roles to play in raising awareness ofEuropean issues. My Department’s communi-cating Europe initiative will be supporting arange of projects, carried out by NGOs, aimed atimproving public awareness of how the EU worksand what it means for Ireland.


450. Mr. Kenny asked the Minister for ForeignAffairs when the Government White Paper onthe EU constitution was completed; if the publi-cation of this document has been delayed; if thecost of producing this document has increased asa result of this delay; and if he will make a state-ment on the matter. [29105/05]

Minister for Foreign Affairs (Mr. D. Ahern):The White Paper on the European constitutionwas published on 13 October 2005. 10,750 copiesof the White Paper were produced and are beingdistributed widely. The document was originallyprepared for publication in June 2005. Publi-cation was postponed due to the uncertaintiescaused by the referendum results in France andthe Netherlands.

The White Paper was written within theDepartment of Foreign Affairs and provides aclear and factual explanation of the variouselements of the constitution and the Govern-ment’s approach to its negotiation. The text ofthe original foreword was updated to reflect theEuropean Council’s decision to opt for a periodof reflection, thus delaying the ratification pro-cess. We expect the costs relating to the pro-duction of the revised foreword to amount toapproximately \1,670. This is made up of print-ing, design and translation services.

Diplomatic Representation.

451. Mr. O’Connor asked the Minister for For-eign Affairs the countries where Ireland is con-sidering setting up an embassy; and if he willmake a statement on the matter. [28881/05]

Minister for Foreign Affairs (Mr. D. Ahern):Ireland has recently opened new resident mis-sions in Bulgaria, Latvia, Lithuania, Malta, Rom-ania and Vietnam. The opening of further Irishmissions abroad is considered by the Governmenton an ongoing basis. However, constraints onGovernment expenditure and limited resourcesmean that any expansion of our diplomatic net-work can only be undertaken on a phased basis,and also on a basis of clear priorities.

International Relations.

452. Mr. O’Connor asked the Minister for For-eign Affairs if he will report on Ireland’s relation-ship with Russia; and if he will make a statementon the matter. [28882/05]

Minister for Foreign Affairs (Mr. D. Ahern):Ireland established resident diplomatic relationswith Russia in 1973. Relations with Russia areimportant to Ireland, as they are to our EU part-ners and to the European Union. A number ofhigh level bilateral visits have taken place inrecent years. During my visit to Moscow on 4 July

2005, in my capacity as special envoy of theUNSG on UN reform, I discussed Ireland-Russiarelations in some depth with the Russian ForeignMinister, Sergei Lavrov. I availed of the oppor-tunity to reactivate bilateral links following theTroika presidency period during which our focuswas on EU relations with Russia. A number ofregional issues of mutual interest also came up.

In line with understandings reached during myvisit in July, a meeting of the joint intergovern-mental commission for the development of busi-ness co-operation in Dublin at the start of nextyear is being actively prepared. A visit by the for-eign affairs committee of the Russian Duma isalso expected next year, in reciprocation of thevisit of the Ceann Comhairle and a parliamentarydelegation to Russia in late March and earlyApril 2005. In recent years there have been reg-ular ministerial visits to Russia for St. Patrick’sDay. This year the Minister of State at theDepartment of the Environment, Heritage andLocal Government, Deputy Batt O’Keefe, visitedMoscow over this period.

Other significant recent visits include that bythe Taoiseach in May 2004, as President of theEuropean Council, for the EU-Russia summit.The Russian Foreign Minister, Sergei Lavrov, vis-ited Ireland in April 2004 to meet with the EUTroika during our Presidency.

The total value of trade between Ireland andRussia in 2004 was \273 million and Russia is our36th largest trade partner. The Minister of Stateat the Department of Enterprise, Trade andEmployment, Deputy Michael Ahern, and theMinister for Agriculture and Food, DeputyCoughlan, visited Russia in May and June of thisyear, with Irish companies in the software andeducation sectors and in the meat sector, respec-tively. A range of cultural and educational linkshas also been developed.

Overseas Development Aid.

453. Mr. O’Connor asked the Minister for For-eign Affairs to confirm if aid is being sent by theGovernment to Central American nations follow-ing the recent disaster. [28883/05]

454. Mr. O’Connor asked the Minister for For-eign Affairs the aid that is being sent to assist therelief effort following the earthquake in Pakis-tan. [28884/05]

Minister of State at the Department of ForeignAffairs (Mr. C. Lenihan): I propose to take Ques-tions Nos. 453 and 454 together.

We have all been shocked and saddened by thedestruction wreaked by the natural disasterswhich hit Pakistan and Central America. I madea detailed statement on the Government’sresponse to these crises during the special Daildebate on the matter last Wednesday.


With regard to northern Pakistan and affectedneighbouring areas, Ireland has allocated \3 mil-lion to assist in the immediate relief effort. I havebeen closely following the situation since theearthquake on Saturday, 8 October. In theimmediate aftermath of the earthquake, Ipledged \1 million towards relief efforts innorthern Pakistan and the surrounding regions ata time when the first estimates of casualties wereonly a fraction of the current assessments. Iremained in contact over the following days withthe Taoiseach, Deputy Bertie Ahern, the Mini-ster for Foreign Affairs, Deputy Dermot Ahern,other colleagues in Government, my seniorofficials and key individuals such as the Ambassa-dor of Pakistan, H.E. Mr. Toheed Ahmad, andrepresentatives of the Pakistani community inIreland.

Following an updated assessment of thesituation on Monday, 10 October, I made afurther pledge of \2 million, to bring to \3 millionthe amount pledged by Ireland in assistance tothe region. A total of \1.2 million of this fundinghas been allocated to UN agencies, includingUNICEF, the World Health Organisation and theUN Office for the Co-ordination of Humani-tarian Affairs. A sum of \300,000 has been allo-cated to the International Federation of the RedCross. Up to \1.5 million is available for non-governmental organisations which are active inthe provision of services on the ground. Priorityareas in the relief effort have been identified bythe United Nations as health, nutrition, logistics,shelter, camp management, water and sanitation,protection, information and telecommunicationsand recovery.

With respect to the humanitarian emergencysituation in Central America, Ireland has beenliaising with the UN, the International Red Crossand Irish non-governmental organisations, work-ing directly or through partners in the area, todefine immediate needs. Severe flooding madeworse by the remnants of Hurricane Stan has del-uged vast areas of Central America, including ElSalvador, Guatemala, Honduras and Nicaragua.In response to this appalling disaster, I have allo-cated funding of \1 million for humanitarianrelief. These funds are being allocated among theRed Cross, the UN Office for the Co-ordinationof Humanitarian Affairs and non-governmentalorganisations providing services locally.

On a global funding basis, in 2005 Ireland hasalready made separate contributions of over \9.5million to the UN High Commission for Refugeesand \3 million to UNICEF for their worldwideoperations. These funds are deliberately not ear-marked to ensure that they can be utilised quicklyand effectively for emergency and humanitarianplanning and rapid responses by these key UNagencies. Over \2 million was released to theUnited Nations Office for the Co-ordination ofHumanitarian Activities to facilitate that agency’s

capacity to co-ordinate relief efforts. Our earlyfunding provides much needed cash flow forthese agencies so that they are better equipped todeal with sudden-onset emergencies.

Funding to develop NGO capacity has alsobeen made available through the multiannualprogramme scheme, which offers predictablefunding over a period of years around which theNGOs can plan. This type of funding has helpedthem to respond to major humanitarian emerg-encies in a more effective and timely manner.

We will continue to monitor the situation inboth of these regions closely, with the assistanceof UN agencies and partner organisations, partic-ularly in the NGO community, to ensure that ourassistance is being effectively targeted.

455. Aengus O Snodaigh asked the Minister forForeign Affairs if his attention has been drawn tothe call by a person (details supplied) for westernGovernments to donate \500,000 to move Romarefugees out of lead-contaminated camps inKosovo; and if the Government will make thisdonation. [29106/05]

Minister for Foreign Affairs (Mr. D. Ahern): Iam aware of the concern expressed by the specialrepresentative of the UN Secretary General inKosovo and head of the United Nations interimadministration mission in Kosovo, UNMIK, MrSoren Jessen- Petersen, at the conditions in whichmany displaced families from minority Serb,Roma and other communities are still living inKosovo and in neighbouring regions of Serbia. Ishare his specific concerns regarding the con-ditions in which Roma families are living innorthern Kosovo, including the effect on theirhealth of emissions from a toxic waste dump inthe area.

Mr. Jessen-Petersen has stated that \1.3 millionis required to enable the relocation of thesefamilies. In July, Ireland agreed to provide fund-ing of \250,000 to the Roma Mahala project,administered by UNMIK, which is intended toachieve this. This amount has been pledged overtwo years; \100,000 in 2005 and \150,000 in 2006.

The issue of displaced persons from the conflictmust be resolved if there is to be a truly multieth-nic society in Kosovo, as provided for under UNSecurity Council Resolution 1244. UNMIK, withthe full support of the EU, is seeking to upholdthe right of all internally displaced persons inKosovo to return to their homes. Realistically,this will not be fully achieved in the absence ofsubstantial political progress.

Kosovo has been under UN administrationsince the end of the conflict in June 1999, inaccordance with UNSCR 1244. The UN SecretaryGeneral has appointed a special representative,Ambassador Kai Eide of Norway, to prepare acomprehensive review of the implementation ofreforms based on European standards in Kosovo.


[Mr. D. Ahern.]

Last week Ambassador Eide presented his reportto the UN Secretary General in New York and Ilook forward to the Security Council’s consider-ation of the report in the near future. It is widelyexpected that there will be a decision to open aprocess to agree the constitutional status ofKosovo.

Departmental Staff.

456. Mr. M. Higgins asked the Minister for For-eign Affairs if his attention has been drawn tothe Labour Court recommendation of 29 January2001, which expressed concern that a small cate-gory of employees of the State employed at Irishembassies abroad have no mechanism for pursu-ing grievances as they are excluded from theterms of the Civil Service conciliation and arbi-tration scheme and are not regarded as workerswithin the meaning of Section 23 of the IndustrialRelations Act 1990; if his attention has beendrawn to his predecessor’s statement on 22 March2001 that his Department was anxious to giveeffect to the court’s recommendation and wasactively examining, in consultation with his col-leagues in the Department of Finance, methodsby which an appropriate mechanism could be putin place, and a similar statement by the Depart-ment of Foreign Affairs on 11 February 2004 inreply to Question No. 178 that the mechanismwas expected to be in place well before the endof that year; if this promised mechanism will beput in place before the end of 2005. [29193/05]

Minister for Foreign Affairs (Mr. D. Ahern):There are two aspects to this issue, namely, theprovision of grievance and discipline proceduresfor locally recruited staff in Irish missions abroadand, second, determining how such staff pursuepay, grade and related matters in the absence ofagreement with management.

In the former case, following consultation withunion representatives and with heads of Irish mis-sions abroad, as well as the examination of bestpractice in other foreign services, detailed circu-lars outlining procedures for dealing with griev-ances and disciplinary issues have now been pre-pared and will issue shortly to missions.

The grievance circular is designed to ensurethat locally recruited staff at missions are entitled,in the same way as their Civil Service colleaguesin Ireland, to carry out their duties free from anyform of harassment, including sexual harassmentor bullying. It will not, however, deal with pay,grade or related issues.

The disciplinary circular is designed to ensurethat locally recruited staff are dealt with in a fairand equitable manner and to provide a procedureby which impropriety can be dealt with effec-tively, thus ensuring the highest standard of con-duct are maintained.

With regard to pay, grade and related matters,and following the Labour Court recommendation

referred to by the Deputy, the feasibility of hav-ing Irish union representation for locallyrecruited staff in missions is under consideration.The Department is well disposed towards this.

The Department has also undertaken a widerreview of all the issues involved. In view of thelegal complexity of some of the issues, this isbeing conducted jointly by the human resourcesand legal divisions of the Department. It will alsobe necessary to seek the views and guidance ofthe Attorney General. This review is being giventhe highest priority.

In the meantime, the traditional procedure fordealing with pay, grade and related claimsremains in place. This, in summary, provides forthe relevant head of mission to consider claimsby local staff and to make a recommendation tothe Department, where it is fully considered. Ifconsidered necessary, and in particular in circum-stances where a satisfactory outcome for all sidesis not achieved, the public service division of theDepartment of Finance is consulted.

Passport Applications.

457. Mr. Allen asked the Minister for ForeignAffairs the owner of the intellectual propertyrights in relation to the new automated passportsystem; and if he will make a statement on thematter. [29194/05]

Minister for Foreign Affairs (Mr. D. Ahern):In the automated passport system, APS, there area number of components which were developedspecifically for the project. These include thedeveloped software; the source code of thedeveloped software; and specific aspects of thedesign of the data page and booklet. The intellec-tual property rights for these components arevested in the Minister for Foreign Affairs.

In the APS, there are also other componentswhich have been developed separately from, buthave been integrated into, the project. It has notbeen possible to purchase the rights to these com-ponents outright. Payment, for instance, is madein respect of the components in the personalis-ation process. This process involves the laserengraving of details on the data page, togetherwith the generation of an image of the photo-graph onto the passport by means of laser tech-nology. The payment in question is based on thenumber of passports issued using this technology.

Departmental Staff.

458. Mr. P. McGrath asked the Minister forForeign Affairs the rates of overtime oradditional allowances payable to staff who workin his Department’s press office in respect of per-sons being on call and their additional attendanceat work before or after normal hours; and if hewill make a statement on the matter. [29294/05]

459. Mr. P. McGrath asked the Minister forForeign Affairs the amounts of ex gratia pay-


ments made to staff in his Department’s pressoffice in respect of persons being on call and theiradditional attendance at work before or after nor-mal hours; and if he will make a statement on thematter. [29309/05]

Minister for Foreign Affairs (Mr. D. Ahern): Ipropose to take Questions Nos. 458 and 459together.

The press adviser, who is a non-establishedState employee, remains on call after normalhours and does not receive any additional pay-ment over and above his stated salary. An officerof the Department’s press section is on duty eachweekend to co-ordinate the issuing of press state-ments by the Minister for Foreign Affairs and theMinisters of State in response to unanticipatedevents and to enable media queries to beresponded to promptly. The weekend press dutyofficer receives an allowance of \120.

Each weekday morning, from 8 a.m. onwards,a third secretary and a clerical officer attached tothe press section prepare press summaries for theMinister and the Ministers of State. These arealso widely circulated throughout the Depart-ment at headquarters and to our 75 missionsabroad. Overtime payments in respect of that andany other extra attendance approved from timeto time are made in line with standard CivilService rates. The Department’s press officer, afirst secretary, receives an annual allowance of\2,539.48 in respect of being on call and foradditional attendance after normal workinghours.

460. Mr. P. McGrath asked the Minister forForeign Affairs the amount of compensatoryleave granted or due to be granted to staff in hisDepartment; the individuals to whom they weregranted in respect of additional attendance atwork before or after normal hours of attendance;and if he will make a statement on the matter.[29324/05]

Minister for Foreign Affairs (Mr. D. Ahern):The arrangements agreed centrally between theDepartment of Finance and relevant Civil Serviceunions under which officers serving in certaingeneral service and departmental grades may becompensated, financially or by way of leave inlieu, for extra attendance are set out in Depart-ment of Finance circular 27/99. Under this circu-lar, where leave in lieu is preferred to payment,overtime hours worked during the period Mon-day to Friday accrue at the flat rate. More favour-able rates apply in respect of Saturdays, Sundaysand public holidays, when leave in lieu generallyaccrues at the rate of time plus one half.

The above arrangements apply only to officersserving in grades up to and including higherexecutive officer and equivalent. It would beinappropriate to publicise the names of the indi-vidual officers who have accrued or availed ofleave in lieu of overtime.


461. Mr. P. McGrath asked the Minister forForeign Affairs if the personnel files of staff inhis Department have been copied or given toexternal parties; if so, the safeguards which havebeen put in place to ensure that no personal dataof any member of staff in his Department will bereleased to third parties; and if he will make astatement on the matter. [29339/05]

Minister for Foreign Affairs (Mr. D. Ahern):The only case where personnel files of staff havebeen copied or given to external parties has beenwhere they have been transferred, on request, tothe chief medical officer at the Civil Service occu-pational health department. Until recently, it hadbeen the practice of the Department’s humanresources section to send personnel files to thechief medical officer in cases where professionalmedical advice was required by the Department.That practice was discontinued on the advice ofthe chief medical officer and instead a writtenreport on the case in a format suggested by thechief medical officer is now normally sent. Thefull files are forwarded only if requested by thechief medical officer.

The personnel files of the staff of the Depart-ment are treated as strictly confidential. They areheld in a secure area within the human resourcessection. Neither the files nor the data thereonwould be released or made available to third par-ties by the personnel officer, with the exceptionof the chief medical officer, without the consentof the officer concerned. A request from theGarda for information from a personnel file aspart of a criminal investigation would be granted.

Departmental Staff.

462. Mr. P. McGrath asked the Minister forForeign Affairs the number of staff in his Depart-ment to whom leave of absence, or any otherabsence from normal duties or place of work, inexcess of two months was granted for educationalpurposes in any year since 2002; the nature of theeducational course undertaken in each case; ifthere are terms or conditions relating to academicachievement attached to the granting of suchleave; if personnel who were granted such leavefailed to complete their courses; and if he willmake a statement on the matter. [29354/05]

Minister for Foreign Affairs (Mr. D. Ahern):I presume the Deputy’s question refers to casesinvolving leave of absence where the officer con-tinued to receive his or her salary. Four suchcases have arisen in the Department of ForeignAffairs in the period in question.

Department of Finance circular 15/2004 invitedapplications from officers serving as higherexecutive officers or administrative officers or inequivalent grades to compete to participate in amasters programme in public policy analysis. Thisis a two-year programme involving one year of


[Mr. D. Ahern.]

academic study followed by a year involving pro-jects in public policy evaluation. Successful com-pletion of the programme results in the award ofa National University of Ireland accredited MScEcon in public policy analysis. Officers who suc-cessful complete the programme will also beappointed to the grade of assistant principalofficer. Following competitive interviews, oneofficer of this Department, a third secretary, wasselected by the Department of Finance to partici-pate in the programme and has successfully com-pleted the first year of full-time academic study.

The three other cases relate to attendance atthe Ecole Nationale d’Administration, ENA inFrance under a scheme also operated by theDepartment of Finance. ENA was established in1945 as one of a number of fundamental reformsof the French Civil Service, with the purpose ofselecting, training and developing future seniorcivil servants for positions throughout the publicsector. Since 1964, the French authorities havereserved a number of places at ENA for foreignstudents from public administrations throughoutthe world. Selection of foreign students for ENAis on a competitive basis, with the final decisionresting with the French authorities. The courseprovides an opportunity for Irish civil servants togain first-hand experience of the work of theFrench public sector in a wide range of areas andto make contacts with existing and future seniorFrench civil servants and with civil servants frommore than 20 countries represented on thecourse. It also provides an opportunity to furtherdevelop French language skills.

The selection process for ENA includes Frenchoral and written examinations conducted by theCivil Service training and development centre atthe Department of Finance. Selected candidatesare then invited to attend for interview and anoral language test at the French Embassy inDublin.

Two officers of the Department were selectedfor, attended and successfully completed thecourse at the Ecole in the period in question.These were a third secretary, from September2001 to March 2003 and an executive officer,from October 2002 to July 2003. A third officer,a third secretary, has been studying at the Ecolesince September 2004 and will resume duty withthe Department next March.

463. Mr. P. McGrath asked the Minister forForeign Affairs the number of staff who appliedfor a refund of course fees in respect of coursesundertaken at night or evenings; the value ofrefunds expected to be made by his Departmentin 2005; the number of staff to whom approval toattend a course was granted in the last academicyear but did not subsequently apply for therefund; and if he will make a statement on thematter. [29369/05]

Minister for Foreign Affairs (Mr. D. Ahern):One of the key objectives of the training anddevelopment strategy of the Department of For-eign Affairs is to foster a culture of continuouslearning within the Department to help staffdevelop the competencies necessary to performto the best of their ability. In addition to the pro-vision of classroom style and, in some cases, indi-vidualised training courses, the Department alsooperates a refund of fees scheme through whichcourse fees relating to study by staff in their owntime may be refunded in full. Such support isdependent on certain criteria. In particular, thecourse must be relevant to the officer’s career inthe Civil Service. To qualify for a refund underthe scheme, the applicant must also complete thecourse and sit the relevant examinations.

To date, 24 of the Department’s staff haveapplied for refunds of fees in respect of coursesbeing undertaken during the 2005-06 academicyear. The total value of refunds in 2005 isexpected to amount to about \113,000, includingfinal payments in respect of the 2004 to 2005academic year. Two staff applied for priorapproval to attend courses on a refund of feesbasis in respect of the 2004 to 2005 academic yearbut did not subsequently apply for refunds.

464. Mr. P. McGrath asked the Minister forForeign Affairs the proportion of his Depart-ment’s training budget that is spent on refunds tostaff in respect of night-time or weekend studycourses; the list of all courses funded by hisDepartment in the past three years; and if he willmake a statement on the matter. [29384/05]

Minister for Foreign Affairs (Mr. D. Ahern):One of the key objectives of the training anddevelopment strategy of the Department of For-eign Affairs is to foster a culture of continuouslearning within the Department to help staffdevelop the competencies necessary to performto the best of their ability. In addition to the pro-vision of classroom style and, in some cases, indi-vidualised training courses, the Department alsooperates a refund of fees scheme through whichcourse fees relating to study by staff in their owntime may be refunded in full. Such support isdependent on certain criteria. In particular, thecourse must be relevant to the officer’s career inthe Civil Service. To qualify for a refund underthe scheme, the applicant must also complete thecourse and sit the relevant examinations. Onaverage, 10% of the Department’s annual train-ing budget has been spent on refunds to staff inrespect of night time or weekend study coursesover the past three years.

To date, 24 of the Department’s staff haveapplied for refunds of fees in respect of coursesbeing undertaken during the 2005-06 academicyear. The 19 courses concerned are listed in theaccompanying table, as are the courses in respectof which the scheme was availed of in the pre-vious three academic years.


Refund of fees scheme: list of courses attended during the 2002 to 2003 academic year

Masters in Public Management Certificate in Public ManagementDegree in Business & Information Systems ECDL courseDiploma in Information Systems Certificate in Social & Health EducationDegree in Computer Science Diploma in Legal StudiesDegree in Information Systems Degree in Accounting & FinanceDegree in IT & Computing Certificate in Supervisory ManagementTeacher’s Diploma in IT Diploma in Business StudiesMasters in International Relations Diploma in Irish Doctorate in GovernanceDegree in Business Studies Diploma in Public ManagementBachelor of Arts Modular Degree Programme Degree in European StudiesDiploma in Front Line Management Masters in Applied Computing for TechnologistsDegree in Politics and Social Policy Return to Learning CertificateDegree in Public Management Diploma in Development StudiesPhD in Political Science Certificate in Personnel PracticeBA in Industrial Relations & Personnel ManagementBarrister at Law Degree


Doctorate in Governance Degree in Industrial Relations & Personnel ManagementMasters in International Relations Certificate in Social & Health EducationDegree in Information Systems Degree in Management & LawDegree in Computer Science Accounting TechnicianPostgraduate Diploma in Human Rights Post Graduate Diploma in Development ManagementDegree in Business Studies Certificate in A Plus Computer TrainingCertificate in Employee Assistance & Social Support Diploma in IrishCertificate in Training Practice Degree in European StudiesMasters in Public Management Modular Degree in ArtsECDL Degree in Politics & International RelationsDegree in Accounting & Finance Continuing Personal DevelopmentDiploma in Business Studies CIMA ExamsCertificate in Accounting Introduction to Public RelationsDegree in Public Management ACCS DiplomaDiploma in Public Management Diploma in EU Human Rights LawCertificate in Transformation Diploma in Social StudiesCertificate in Foundations of Law Degree in IT & ComputingMasters in Applied Computing Masters in English


Masters of Economic Science in Policy Analysis Degree in Computer ScienceDoctorate in Governance Advanced ECDLMasters in Public Management Degree in Development StudiesDegree in Business Studies Information Communications TechnologyDegree in Computer Science Degree in Accounting and FinancePrivate Secretary Diploma Postgraduate Diploma in Development ManagementDiploma in Employee Assistance and Social Support Postgraduate Diploma in Conflict and Dispute ResolutionOn-line Masters in Asia Pacific Studies Degree in European StudiesMasters in International Relations Masters in EnglishDegree in Industrial Relations and Human Resources Understanding Human Rights & Exploring International DevelopmentMasters in Community Health Diploma in Microsoft OfficeDiploma in Accounting and Finance Specialist Degree in Applied AccountancyCertificate in Introduction to Humanities Certificate in Personal DevelopmentDiploma in Human Resources Management Certificate in FrenchAccounting Technician Degree in Public ManagementDiploma in Project Management Certificate in AccountingDegree in Management & Law Diploma in Business Studies/ Human Resources ManagementDiploma in Legal Studies Diploma in Social StudiesModular Arts Doctor of Development EducationDegree Degree in Information Technology ECDLCIMA Exams Certificate in Office SkillsDegree in IT and ComputingCertificate in Social Studies


[Mr. D. Ahern.]Refund of fees scheme: list of courses being attended during the 2005 to 2006 academic year

Doctorate in Governance LLM in Commercial LawMasters in Community Health Degree in Management & LawMasters in International Relations LLB Law DegreeCertificate in A+ Computer Course Degree in Industrial Relations & Human Resources ManagementDiploma in Communications Skills MA in Development ManagementMasters in Public Management Modular Degree in ArtsCIMA Exams Development Studies — Understanding DevelopmentDegree in Public Management Diploma in Business Studies/ Human Resource ManagementCertificate in Public ManagementDiploma in Public Management


465. Mr. P. McGrath asked the Minister forForeign Affairs the amount spent by his Depart-ment on briefcases; the amount refunded to staffin his Department in respect of purchases ofbriefcases; the number of staff who have receivedbriefcases; the number of staff who have receivedrefunds for briefcases they purchased; the largestsingle amount paid or refunded in respect of onebriefcase; and if he will make a statement on thematter. [29399/05]

Minister for Foreign (Mr. D. Ahern): TheDepartment of Foreign Affairs only suppliesbriefcases to staff of assistant secretary grade orabove at headquarters. Departmental practicecurrently allows expenditure of up to a maximumof \100 on any one briefcase. As an indication ofthe level of expenditure involved, the Depart-ment purchased briefcases for two members ofstaff at headquarters, at a cost of \80.72 each, inthe period from 1 January 2004 to-date. Norefunds were made to officers who purchasedtheir own briefcases in that period.

As these items come under the general headingof small office equipment, it should be noted thatmissions abroad, which have their own budgets,may, from time to time, purchase briefcases forsenior diplomatic staff without reference to head-quarters. It is not practicable, in the time avail-able, to provide details, in respect of every mis-sion, of expenditure that might have beenincurred on these items.

466. Mr. P. McGrath asked the Minister forForeign Affairs the number of personal digitalassistants provided to staff in his Department; thecost of same; the cost of the most expensive per-sonal digital assistant purchased to date; thegrades to which these devices are issued; if per-sonal digital assistants are issued as a matter ofcourse or are subject to preparation of a businesscase which is subsequently scrutinised; if so, bywhom the final decision on allocation of personaldigital assistants is made; and if he will make astatement on the matter. [29414/05]

Minister for Foreign Affairs (Mr. D. Ahern):The Department of Foreign Affairs has provided

a total of 19 personal digital assistants to staffsince 2001. The cost of personal digital assistantsis as follows:

Year

\

2001 1,461

2002 2,228

2003 0

2004 0

2005 6,211

Total 9,900

The most expensive personal digital assistant pro-vided to a member of staff was \1,461, paid in2001.

The Department does not issue personal digitalassistants to specific grades and considersrequests for this equipment on a case-by-casebasis. The devices are only issued following abusiness case approved at a senior level withinthe division making request, with the finaldecision on the provision made by the Depart-ment’s head of information and communicationstechnology.

Departmental Staff.

467. Mr. P. McGrath asked the Minister forForeign Affairs the number of staff in eachgeneral service and department grade in hisDepartment who have been exempt for a periodin excess of six months from attending meetings,dealing with correspondence, dealing with tele-phone queries, home or foreign travel, using com-puters or other duties by virtue of a medical cer-tificate; if such long-term exemptions fromnormal duties are fair to other staff who mustpick up the extra work; if they provide the tax-payer with good value for money; if such exemp-tions or certificates have been reviewed by thechief medical officer; and if he will make a state-ment on the matter. [29429/05]

Minister for Foreign Affairs (Mr. D. Ahern):No such cases have arisen in the Department ofForeign Affairs in recent years.


Human Rights Issues.

468. Aengus O Snodaigh asked the Minister forForeign Affairs if his attention has been drawn tothe fact that some members of the EuropeanUnion favour a weakening of the common EUposition on Burma; and his views on same.[29444/05]

469. Aengus O Snodaigh asked the Minister forForeign Affairs the practical support Irelandgives to Burmese parliamentarians and otherswho are seeking an end to military rule in Burma;and if it is intended to increase funding orresources. [29445/05]

470. Aengus O Snodaigh asked the Minister forForeign Affairs Ireland’s position regarding theraising of the question of Burma onto the UNSecurity Council’s agenda; if he will support thedevelopment of an international strategic initiat-ive on Burma; and his views on same. [29446/05]

Minister for Foreign Affairs (Mr. D. Ahern): Ipropose to take Questions Nos. 468 to 470, inclus-ive, together.

The Government’s position on Burma is clear.As I said on previous occasions, most recently inresponse to a series of parliamentary questionson 6 October, the Government’s continuing goal,and that of the EU, remains the return of democ-racy to Burma, an end to human rights violations,the release and restoration of liberty to DawAung San Suu Kyi and other political prisoners,and the realisation of peace and prosperity forthe long suffering people of Burma.

The Government has consistently highlightedthe abuse of human rights and fundamental free-doms in Burma and condemned the lack of pro-gress towards democracy. In my statement onbehalf of Ireland at the 60th Session of the UNGeneral Assembly on 19 September, I referred tothe continuing denial of human rights and democ-racy in Burma. I stated that this was most acutelysymbolised by the continued detention of DawAung San Suu Kyi and that her ordeal was notforgotten by the people of Ireland. I pointed outthat the cumulative length of her detention is nowvery close to ten years. The Minister for Envir-onment, Heritage and Local Government,Deputy Roche, who represented Ireland at theAsia-Europe Meeting, ASEM, of Foreign Mini-sters in Japan last May stated our position in thepresence of representatives of the Burmese auth-orities. We also encourage Asian partners to usetheir influence to press the Burmese authoritieson the situation there. As recently as last week, Iavailed of a meeting with Thailand’s DeputyPrime Minister to raise our concerns.

Last week also, my colleague in the Depart-ment, the Minister of State, Deputy ConorLenihan, met with a delegation from the National

Coalition Government of the Union of Burmaand associated groups accompanied by represen-tatives of Burma Action Ireland. This meetingwas part of a regular dialogue we have with thoseconcerned with the situation in Burma.

The EU applies sanctions against Burma,including a travel ban on senior members of theregime, which is referred to as the EU CommonPosition on Burma. The current common positionis up for renewal in April 2006. In the absence ofprogress in the period ahead, the expectation isthat measures will be renewed for a further year.There has been no discussion of the commonposition at EU level since the measures wererenewed last April. It is expected that consider-ation of this issue will begin shortly, starting inthe relevant working groups in Brussels.

I am not aware of any plans by the UN SecurityCouncil to consider the question of Burma. Wewould be pleased if this were to occur. Irelandwill use relevant opportunities to press that theUN Secretary General’s special representative,Mr. Razali Ismail, and the special rapporteur onthe situation on human rights in Burma, Mr. Ser-gio Pinheiro, be allowed to visit and to meet allthe key players in Burma.

As regards funding, Development Co-oper-ation Ireland, DCI, funded an NGO project in2003 entitled ‘Burma: the funding of conflict andcorruption through the unsustainable logging ofBurma’s forests’, aimed at improving the pros-pects for the sustainable and equitable manage-ment of natural resources throughout Burma.Funding for this project amounted to \81,629. InJune of this year, DCI agreed to fund a three yearproject with another NGO. Total funding willamount to \297,254. This project aims to ensurethat women and young people from five Burmeseethnic minorities living along the Thai-Burmaborder possess the skills and knowledge to realisetheir rights, achieve democratisation and pursuereconciliation. Burma Action Ireland was alsoapproved funding this year of \7,685 to publishtwo reports documenting and raising awarenessof human rights violations in Burma.

Development Co-operation Ireland is open toreceiving further appropriate funding requestsfrom non-governmental organisations working tosupport human rights and democratisation inBurma. In addition, Trocaire also received fund-ing in 2004 from Development Co-operationIreland of \265,445 in support of its ongoingprogramme to strengthen civil society in Burma.Ireland pledged \500,000 for humanitarian assist-ance in Burma in 2005 following the tsunami dis-aster in south east Asia in December 2004. Thisfunding was allocated to the International Feder-ation of the Red Cross and has been fullycommitted.



471. Mr. Gilmore asked the Minister for For-eign Affairs the amount paid to a consultancycompany (details supplied) in respect of eachyear since 2000; the details of each of the con-tracts and services provided; the nature of thecontrols applied in the procurement process orprocesses; if he has satisfied himself that value formoney has been achieved in each case; and if hewill make a statement on the matter. [29452/05]

Minister for Foreign Affairs (Mr. D. Ahern):The Department of Foreign Affairs has paid thefollowing amounts to the Gartner Group:

Year

\

2000 0.00

2001 0.00

2002 5,082.00

2003 10,164.00

2004 17,581.30

2005 14,278.00

The Department has taken a subscription toGartner’s online technology research database,which includes the periodic supply by CD of tech-nology articles of interest to the Department. Theservice is equivalent to other subscription-basedresearch services. The Department has not usedGartner for the direct provision of consultancyadvice. The Department of Foreign has used theGartner database to obtain impartial researcharticles on technology developments. Thisresearch has helped inform the Department whenmaking significant technology investmentdecisions.

I am satisfied that this service has offered valuefor money to the Department. I can confirm thatthe national rules on procurement have beenfollowed.

472. Mr. Gilmore asked the Minister for For-eign Affairs the amount paid to a consultancycompany (details supplied) in respect of eachyear since 2000; the details of each of the con-tracts and services provided; the nature of thecontrols applied in the procurement process orprocesses; if he has satisfied himself that value formoney has been achieved in each case; and if hewill make a statement on the matter [29467/05]

Minister for Foreign Affairs (Mr. D. Ahern):In the period referred to by the Deputy, no pay-ments were made by the Department of ForeignAffairs to the relevant consultancy company.

Human Rights Issues.

473. Aengus O Snodaigh asked the Minister for

Foreign Affairs if his attention has been drawn tothe concerns being raised by international humanrights groups in relation to abuses by state forcesand by international forces in Haiti against thecivilian population; and if he will make a state-ment on the matter. [29510/05]

474. Aengus O Snodaigh asked the Minister forForeign Affairs if his attention has been drawn tothe fact that there have been allegations of elec-toral malpractice in relation to the distribution ofvoting cards in Haiti; and if Ireland will be send-ing official election observers to Haiti to monitortheir forthcoming elections; and if he will make astatement on the matter. [29511/05]

475. Aengus O Snodaigh asked the Minister forForeign Affairs if Ireland will be suggesting theEU send a team of official election observers toHaiti to monitor their forthcoming elections; andif he will make a statement on the matter.[29512/05]

476. Aengus O Snodaigh asked the Minister forForeign Affairs his views on whether AmnestyInternational’s calls for the deposed leader Pres-ident Aristide will be allowed the full freedom tocontest the forthcoming elections without Stateinterference. [29513/05]

477. Aengus O Snodaigh asked the Minister forForeign Affairs the position Ireland is taking inthe United Nations on the activities in Haiti byforeign and Government forces. [29514/05]

Minister for Foreign Affairs (Mr. D. Ahern): Ipropose to take Questions Nos. 473 to 477, inclus-ive, together.

Ireland monitors the human rights situation inHaiti along with our partners in the EuropeanUnion. In this context, Ireland supported thestatement made by the European Union to theUnited Nations Security Council on 13 May 2005.This statement reiterates our concerns regardingthe continuing human rights abuses in Haiti andcalls on the Haitian national police to investigatethoroughly all allegations of human rightsviolations.

In his report to the Security Council on 6October 2005, the UN Secretary General high-lighted the progressive improvements in thesecurity environment in Haiti since his previousreport in May. He reported on MINUSTAH’s,United Nations Stabilization Mission to Haiti,assistance to the Haitian national police in thedevelopment of a reform plan aimed at enhancingprofessionalism and technical skills, but notedthat respect for human rights of the Haitianpopulation continued to be compromised by amixture of criminal violence and institutionaldeficiencies. MINUSTAH was working todevelop local capacities, including by training and


advising local human rights organizations, whilecontinuing to monitor human rights on theground.

The Secretary General has also reported thaton 6 July 2005, MINUSTAH conducted a large-scale operation in the Cite Soleil district of Port-au-Prince aimed at apprehending and bringing tojustice a prominent gang leader. MINUSTAHencountered heavy gunfire, and while it took pre-cautions to avoid civilian casualties, given thedensely populated urban nature of the terrain,civilians appear to have been caught in thecrossfire. However, reports of civilian casualtiescould not be verified by MINUSTAH due to thestrength of the armed response from gangmembers, which forced MINUSTAH troops towithdraw from the area. Allegations were alsomade by the Haitian national police, and others,that gangs were seen killing civilians following theoperation. MINUSTAH’s joint special investi-gation unit is investigating these acts of reprisal,as well as allegations of excessive use of force byMINUSTAH. The prevailing fragile securitysituation in Cite Soleil has complicated the inves-tigation.

With respect to the Deputy’s questions inregard to the upcoming elections in Haiti, I canconfirm that the EU has received an official invi-tation to send a delegation of observers to moni-tor the elections. The European Commissionrecently undertook an exploratory visit to Haitiin this connection and planning for the electionobservation mission is well underway and nomi-nations are now being sought for observers. Amemorandum of understanding concerning theEU election observation mission should be signedwith the Haitian Transitional Governmentshortly. My Department will be nominating atleast two individuals to participate in an EUmission.

Recently, there have been reports of good pro-gress in regard to the process of election regis-tration, with 3 million out of a possible 4 millionvoters now registered. Nevertheless, I am awarethat there have been a number of complaints inregard to decisions taken with respect to theorganisation of the upcoming elections. The Hai-tian courts are investigating these complaintsprior to the confirmation of a polling date.Ireland, along with its EU partners and the UN,fully supports efforts to ensure that free and fairelections take place. It is a matter for the Haitianauthorities to decide whether former PresidentAristide should be permitted to participate inthe elections.

Ireland, together with our partners in the EU,fully supports the presence of the United Nationsin Haiti and, as already mentioned, UN forces areplaying a key role in facilitating the elections aswell as improving the security environment there.MINUSTAH is working with local authorities tolaunch civic education programmes to prepare forthe elections. It is also cooperating in demobilis-ation, disarmament and reintegration efforts. In

June 2005, the Security Council extended MINU-STAH until February 2006 and approved a tem-porary increase in its strength in order to provideincreased security in advance of the elections.The Security Council has also urged the Haitianauthorities to increase and accelerate efforts toprepare for and ensure the smooth conduct of theelections, and called on international donors toprovide the necessary resources to support theelection process.

At an EU-Latin American ministerial meetingwhich I attended in Luxembourg on 27 May 2005,the importance of comprehensive long-term aidto enable the Haitian people to work towards theestablishment of a violence-free inclusive demo-cratic system was acknowledged. The EU pledged\294 million for comprehensive developmentprojects in the country at the Washington DonorConference for Haiti which took place in July2004. The European Commission is taking thelead role in administering these funds, up to \20.5million of which is being used to support the elec-tion process.

Sports Capital Programme.

478. Mr. Gregory asked the Minister for Arts,Sport and Tourism if there is a sports grant out-standing to a club (details supplied) in Dublin 7which has a long term lease from Dublin CityCouncil who hold the deeds of trust to thecentre. [28979/05]

Minister for Arts, Sport and Tourism (Mr.O’Donoghue): The organisation in question wasprovisionally allocated \90,000 under the nationallottery-funded 2003 sports capital programme,which is administered by my Department.

Under the terms of the sport capital prog-ramme, a deed of covenant and charge must beexecuted by my Department’s legal advisers, theChief State Solicitor’s office, CSSO, before grantpayments can be made. The requirement for sucha deed is standard practice in regard to Statefunding and provides for a refund of the grant inthe event of the facility not continuing to be usedfor the purpose for which the grant was allocated.The CSSO is currently in contact with the organ-isation’s solicitors to progress the execution of thedeed of covenant and charge, following which myDepartment will be in a position to progress pay-ments to the organisation in question.


479. Mr. Morgan asked the Minister for Arts,Sport and Tourism the total amount paid to aconsultancy company (details supplied); thedetails of each of the contracts and services pro-vided; the nature of controls applied in the pro-curement process; and if value for money hasbeen achieved. [29558/05]

491. Mr. Gilmore asked the Minister for Arts,Sport and Tourism the amount paid to a con-


[Mr. Gilmore.]

sultancy company (details supplied) in respect ofeach year since 2000; the details of each of thecontracts and services provided; the nature of thecontrols applied in the procurement process orprocesses; if he has satisfied himself that value formoney has been achieved in each case; and if hewill make a statement on the matter. [29453/05]

Minister for Arts, Sport and Tourism (Mr.O’Donoghue): I propose to take Questions Nos.479 and 491 together.

My Department has not awarded a contractnor paid any consultancy fees to Gartner since itsestablishment in June 2002.

480. Mr. Morgan asked the Minister for Arts,Sport and Tourism the total amount paid to aconsultancy company (details supplied); thedetails of each of the contracts and services pro-vided; the nature of controls applied in the pro-curement process; and if value for money hasbeen achieved. [29573/05]

492. Mr. Gilmore asked the Minister for Arts,Sport and Tourism the amount paid to a con-sultancy company (details supplied) in respect ofeach year since 2000; the details of each of thecontracts and services provided; the nature of thecontrols applied in the procurement process orprocesses; if he has satisfied himself that value formoney has been achieved in each case; and if hewill make a statement on the matter. [29468/05]


My Department has not awarded a contractnor paid any consultancy fees to Accenture sinceits establishment in June 2002.

Departmental Staff.

481. Mr. P. McGrath asked the Minister forArts, Sport and Tourism the rates of overtime oradditional allowances payable to staff who workin his Department’s press office in respect of per-sons being on-call and their additional attendanceat work before or after normal hours; and if hewill make a statement on the matter. [29295/05]

482. Mr. P. McGrath asked the Minister forArts, Sport and Tourism the amounts of ex-gratiapayments made to staff in his Departments pressoffice in respect of persons being on call and theiradditional attendance at work before or after nor-mal hours; and if he will make a statement on thematter. [29310/05]


The press officer in my Department is inreceipt of four hours overtime at Sunday rates per

week. This is not paid in respect of periods ofannual leave of duration of one week or more.

483. Mr. P. McGrath asked the Minister forArts, Sport and Tourism the amount of com-pensatory leave granted or due to be granted tostaff in his Department; the individuals to whomthey were granted in respect of additional attend-ance at work before or after normal hours ofattendance; and if he will make a statement onthe matter. [29325/05]

Minister for Arts, Sport and Tourism (Mr.O’Donoghue): My Department, in accordancewith established procedures in the Civil Service,permits time off in lieu to grades which areentitled to paid overtime, generally staff up to thelevel of higher executive officer, where overtimeis necessary and agreed in advance by manage-ment. This permits staff to avail of extra time offrather than pay for extra attendance consistentwith work demands. As such arrangements aredealt with locally by line managers a centralrecord is not kept.

Officers at assistant principal officer level andabove are not entitled to paid overtime. Their sal-ary and terms and conditions are intended tocover significant extra attendance.

484. Mr. P. McGrath asked the Minister forArts, Sport and Tourism if the personnel files ofstaff in his Department have been copied or givento external parties; if so, the safeguards whichhave been put in place to ensure that no personaldata of any member of staff in his Departmentwill be released to third parties; and if he willmake a statement on the matter. [29340/05]

Minister for Arts, Sport and Tourism (Mr.O’Donoghue): Personnel files of staff in myDepartment have not been copied or given toexternal parties with the exception of a smallnumber of cases where files were referred to theChief Medical Officer for advice or where liti-gation was involved. In the case of the latter, pap-ers have been furnished in response to discoveryorders by the legal representatives of either theindividuals concerned or of the Department.

The personnel files of staff in my Departmentare securely stored and access is limited to themanagement advisory committee and to relevantstaff in the human resources unit. Every effort ismade to ensure that all concerned are fully awareof the terms of data protection legislation inregard to personal information and the need forconfidentiality generally.

485. Mr. P. McGrath asked the Minister forArts, Sport and Tourism the number of staff inhis Department to whom leave of absence, or anyother absence from normal duties or place ofwork, in excess of two months was granted foreducational purposes in any year since 2002; thenature of the educational course undertaken in


each case; if there are terms or conditions relatingto academic achievement attached to the grantingof such leave; if personnel who were granted suchleave failed to complete their courses; and if hewill make a statement on the matter. [29355/05]

Minister for Arts, Sport and Tourism (Mr.O’Donoghue): Since my Department was estab-lished in June 2002, no member of staff wasgranted leave in excess of two months for edu-cational purposes.

486. Mr. P. McGrath asked the Minister forArts, Sport and Tourism the number of staff whoapplied for a refund of course fees in respect ofcourses undertaken at night or evenings; thevalue of refunds expected to be made by hisDepartment in 2005; the number of staff to whomapproval to attend a course was granted in thelast academic year but did not subsequently applyfor the refund; and if he will make a statementon the matter. [29370/05]

487. Mr. P. McGrath asked the Minister forArts, Sport and Tourism the proportion of hisDepartment’s training budget that is spent onrefunds to staff in respect of night-time or week-end study courses; the list of all courses fundedby his Department in the past three years; and ifhe will make a statement on the matter.[29385/05]


In the academic year 2004 to 2005, 25 appli-cations for refunds of fees were made by staff inmy Department in respect of courses beingundertaken at night or evenings, of which, 24were approved. Of the 24, one applicant did notpursue the course.

The value of refunds to be made by my Depart-ment in 2005 is estimated at approximately\30,000. This represents approximately 8.5% ofmy Department’s estimated total training expen-diture for the year. Lists of courses for whichrefunds of fees were made in the past threeacademic years are set out as follows:

2002-2003National Certificate in HistoryFoundation Certificate in MarketingAccuracy in Irish languageDiploma in Human Resource ManagementBA in Public AdministrationGenealogy course in UCDACCA Taxation CourseField EcologyEuropean Computer Driving Licence (ECDL)

2003-2004MSc in Economic Policy StudiesDiploma in Policy AnalysisBA in HumanitiesMarketing Institute of Ireland, a brand management courseNational Certificate in History (2nd Year)Diploma course in IrishMA in Archaeology and Heritage

BA in HistoryCertificate in Change ManagementACCA Taxation CourseDegree in Public ManagementMasters in Museum Studies

2004-2005PhD-MLitMSc in Economic Policy StudiesBA in HumanitiesECDLHigher Diploma in Public ManagementMSc in Training and PerformanceCertificate in Public ManagementDiploma in Modern Irish TranslationCertificate in Management DevelopmentMA in Archaeology and HeritageIntroduction to PsychologyDiploma in IrishCertificate in Managing ChangeDiploma in Genealogy and Family HistoryBSc in Information TechnologyKeyboard Skills

In addition to the above, my Department pro-vides training each year on a range of topicsaimed at addressing skills deficits identifiedmainly through the operation of the performancemanagement and development system. Theseinclude management, IT, quality customerservice, health and safety and induction training.


488. Mr. P. McGrath asked the Minister forArts, Sport and Tourism the amount spent by hisDepartment on briefcases; the amount refundedto staff in his Department in respect of purchasesof briefcases; the number of staff who havereceived briefcases; the number of staff who havereceived refunds for briefcases they purchased;the largest single amount paid or refunded inrespect of one briefcase; and if he will make astatement on the matter. [29400/05]

Minister for Arts, Sport and Tourism (Mr.O’Donoghue): Since my Department was estab-lished in June 2002, it has purchased one brief-case at a cost of \90. No staff received refunds inrespect of briefcases they purchased themselves.

489. Mr. P. McGrath asked the Minister forArts, Sport and Tourism the number of personaldigital assistants provided to staff in his Depart-ment; the cost of same; the cost of the mostexpensive personal digital assistant purchased todate; the grades to which these devices are issued;if personal digital assistants are issued as a matterof course or are subject to preparation of a busi-ness case which is subsequently scrutinised; if so,by whom the final decision on allocation of per-sonal digital assistants is made; and if he willmake a statement on the matter. [29415/05]

Minister for Arts, Sport and Tourism (Mr.O’Donoghue): Seven personal digital assistantsare presently available to officials in my Depart-


[Mr. O’Donoghue.]

ment. These digital assistants are issued only onthe basis of a sound business case, the finaldecision on which is made by the Department’shead of information technology services.

The overall cost of these devices, purchasedbetween 2002 and this year, is \2,439.30. The costof the most expensive was \500.00.

Departmental Staff.

490. Mr. P. McGrath asked the Minister forArts, Sport and Tourism the number of staff ineach general service and department grade in hisDepartment who have been exempt for a periodin excess of six months from attending meetings,dealing with correspondence, dealing with tele-phone queries, home or foreign travel, using com-puters or other duties by virtue of a medical cer-tificate; if such long-term exemptions fromnormal duties are fair to other staff who mustpick up the extra work; if they provide the tax-payer with good value for money; if such exemp-tions or certificates have been reviewed by thechief medical officer; and if he will make a state-ment on the matter. [29430/05]

Minister for Arts, Sport and Tourism (Mr.O’Donoghue): No staff in my Department areexempt from the duties described by the Deputyby virtue of a medical certificate.



493. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment the steps hehas taken on the issue of the allegation that aperson (details supplied) obtained their positionpartly on the strength of a document claiming tobe a PhD; if he has inquired into allegations thatthe entity which issued this degree is a degrees-for-sale company and not a legitimate edu-cational institution; if so, the results of suchinquiries; and if he will make a statement on thematter. [29113/05]

494. Ms Enright asked the Minister forEnterprise, Trade and Employment if he has dis-cussed the quality of the academic qualificationsof a person (details supplied) with that person;and if he will make a statement on the matter.[29122/05]

504. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment his views onwhether it is academic fraud for applicants forpositions within his Department which require aPhD to rely on degrees purchased on the basis

of life experience or other academically invalidcriteria from bodies without academic campuses,qualified faculty members or three year degreeprogrammes; and if he will make a statement onthe matter. [29114/05]

505. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment if his atten-tion has been drawn to the existence of diplomamills claiming to be universities which issue bogusdegrees including doctoral degrees on the basisof life experience or other academically invalidcriteria; if so, the steps he has taken to ensure thatno person claiming a degree from such a bogusuniversity is permitted to rely on such a degreefor the purposes of any job application in hisDepartment; and if he will make a statement onthe matter. [29115/05]

506. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment the steps hehas taken to inquire into substantial internationalevidence that an entity (details supplied) is abogus university which issues degrees lacking anyacademic validity; the outcome of such inquiries;and if he will make a statement on the matter.[29116/05]

507. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment the steps hehas taken to inquire into evidence that an entity(details supplied) operates from an office addressin California and has no academic campus; theoutcome of such inquiries; and if he will make astatement on the matter. [29117/05]

508. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment the steps hehas taken to inquire into whether a person(details supplied) claimed to have a PhD from anentity (details supplied) at the time of applicationfor his present post; if he will detail the pro-cedures for advertising the post, and the recruit-ment and appointment of this person; the publi-cations in which any such advertisementappeared and the terms and qualificationsrequired of candidates; the number of other can-didates for the position and the number of thoseother candidates holding PhD degrees fromrecognised universities; and if he will make astatement on the matter. [29118/05]

509. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment the steps hehas taken to inquire into whether a person(details supplied) submitted a legitimate PhDlevel thesis for the purpose of acquiring a docu-ment describing itself as a PhD from an entity(details supplied); if so, the length measured innumber of words of this thesis; the locations inwhich this thesis is published and the libraries atwhich it may be consulted; if he has obtained the


thesis or will take steps to obtain it; if so, if hewill make a copy available to Members and to thepublic; the outcome of such inquiries; and if hewill make a statement on the matter. [29119/05]

510. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment when hisattention was drawn to the fact that the PhD the-sis claimed by a person (details supplied) was pur-chased from an on-line degree sales office with-out academic legitimacy; and if he will make astatement on the matter. [29120/05]

511. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment his views onwhether a State office (details supplied) may havebeen damaged by the allegations contained in anarticle in a newspaper (details supplied) that thePhD thesis claimed by a person (details supplied)was purchased from an on-line degree sales officewithout academic legitimacy; and if he will makea statement on the matter. [29121/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): I propose to take QuestionsNos. 493, 494 and 504 to 511, inclusive, together.

The filling of the post in question was under-taken as part of a package of measures in the areaof science co-ordination and oversight. In June2004 the Government approved the putting inplace of a Cabinet Sub-committee on Science,Technology and Innovation, STI, an inter-departmental committee for STI and the creationof the post in question — chief science adviserto the Government and the appointment of thecurrent incumbent to it. The individual in ques-tion was returning from a position at directorgeneral level in the European Commission, hav-ing previously worked in a number of senior STIpositions in the Irish public service.

The post was filled on the basis of the avail-ability of the individual concerned and his trackrecord in the development of science policy andprogrammes at national and European level andwas not the subject of advertisement or compe-tition. The nature of the position is such that noformal qualifications have been stipulated withthe key criterion being a broad background inscience, technology and innovation. The individ-ual in question supplied a curriculum vitae priorto appointment detailing his experience andacademic background including details of hisqualifications and experience at graduate andpostgraduate level — BSc, MSc and PhD. Follow-ing its publication on 9 October 2005, I am awareof the media report referred to which has raisedissues in respect of the individual’s PhD and theawarding institution. I have had a discussion withthe individual concerned and I am examining theissues further.

Work Permits.

495. Mr. English asked the Minister forEnterprise, Trade and Employment the reason aperson (details supplied) in County Meath hasnot been issued with a work permit; and if he willmake a statement on the matter. [29201/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): The work permit section ofmy Department has informed me it has no recordof a valid work permit application in this instance.

Bullying in the Workplace.

496. Mr. Gormley asked the Minister forEnterprise, Trade and Employment the steps thathave been taken to counteract bullying in theworkplace; the progress that has been made todate in 2005 in dealing with this problem; and ifhe will make a statement on the matter.[28648/05]

Minister of State at the Department ofEnterprise, Trade and Employment (Mr.Killeen): In August 2004, my predecessor,Deputy Fahey, established an expert advisorygroup on workplace bullying, the terms of refer-ence of which were to advise and report on theeffectiveness of measures relating to the preven-tion of workplace bullying, the identification ofimprovements in procedures and how to addressthe contribution made by bullying to the incid-ence of workplace stress. In May 2005, I receivedthe report of the expert group and on 17 August2005, I launched the report, a copy of which isavailable free of charge on my Department’swebsite, www.entemp.ie. The principles laid downby the group in its report will underpin futureconsideration of the issue by the Government, asanything less is not acceptable in a fair, safe andequitable workplace. These principles are work-place bullying is unacceptable in all circum-stances; it is the responsibility of management toensure that bullying is not tolerated at the work-place; and that incidents of bulling are adequatelydealt with and brought to a fair and conclusiveresolution in a timely fashion.

The group was chaired by Mr. Paul J. Farrell,partner at IBM’s business consulting services andwas widely representative of the social partners,the Health and Safety Authority, Equality Auth-ority, Labour Relations Commission, NationalCentre for Partnership and Performance, anti-bullying centre at Trinity College Dublin, humanresources practitioners, a solicitor and theDepartment of Enterprise, Trade and Employ-ment. The group determined that workplacebullying is an increasing problem. Whether this isdue to an increase in the incidence of bullying oran increasing awareness of the unacceptability ofbullying behaviour is not clearly demonstrable.However, the end result is the same — increasednumbers of complaints; higher levels of work-


[Mr. Killeen.]

place stress; great frustration with a lack of for-mal channels for resolving such complaints; andan increased burden on all parties to resolve dis-putes; workplace bullying is not a “normal”industrial relations issue; existing measures totackle the problem are insufficient; responsibilityfor tackling the problem is diffuse — clarity ofprocess and resolution is required; and the impactof bullying on the individual is such that immedi-ate action on the part of employers and the Stateis called for.

The key recommendation of the group is legis-lation should be brought forward to deal withworkplace bullying. This legislation should applyto all employees in the workforce, irrespective ofemployment status. In this regard, on 2September 2005, as part of the follow up consul-tation process, my Department placed a notice inthe national newspapers and on my Department’swebsite seeking the views of interested parties onhow the recommendations of the group might beimplemented. A number of submissions havebeen received to date and they are being con-sidered. I have also sought and obtained theviews of the social partners and their views arealso being considered.

My Department will also shortly be imple-menting the group’s recommendation to conducta follow up survey on workplace bullying, whichis similar to the survey conducted for the lastreport on this subject, published in 2001, to obtainan up-to-date picture of the incidence of theproblem. When the views of the social partnersand other interested parties have been consideredand the results of the survey have been received,I intend to bring a report to Government for adecision on the way forward.

The Health and Safety Authority’s code ofpractice for the prevention of workplace bullying2002 and safety, health and welfare at work legis-lation refer to the employer’s responsibility toensure, as far as is reasonably practicable, thesafety, health and welfare of the his or heremployees at work. The new Safety, Health andWelfare at Work Act 2005, which commenced on1 September last, extends the employer’s duty tomanaging and conducting work activities in sucha way as to prevent, so far as is reasonably practi-cable, any improper conduct or behaviour likelyto put the safety, health or welfare at work of hisor her employees at risk. The duty on theemployer in this new section of the Act ismatched by a duty on employees in section 13(e)of the same Act not to engage in improper con-duct or behaviour.

The Health and Safety Authority’s anti-bully-ing unit is the focal point for dealing with requestsfor information and for the receipt of workplacecomplaints on bullying. It assists those employerswho do not have an adequate anti-bullying policy,to upgrade what they have, and to bring it in linewith the authority’s code of practice for the pre-vention of workplace bullying.

Official Engagements.

497. Mr. O’Connor asked the Minister forEnterprise, Trade and Employment to confirmhis plans to make an official visit to Ukraine, topromote trade links between the two countries;and if he will make a statement on the matter.[28885/05]

Minister of State at the Department ofEnterprise, Trade and Employment (Mr. M.Ahern): Planning of a ministerial trade missionfrom Ireland to the Ukraine is under way and itis hoped the timing of the mission, probably early2006, will be finalised in the near future. Thisinitiative follows a seminar organised byEnterprise Ireland in June last on doing businessin the Ukraine which was extremely wellattended. The proposed trade mission will act asfocus for existing Irish interest in Ukraine andattract other Irish companies wishing to enter theUkrainian market. The Ukraine is one ofEurope’s fastest growing economies and severalsectors are especially interesting to Irish compan-ies, for example, telecommunications, technologytransfer, software, the food sector, healthcare,pharmaceuticals-medical devices, internationalconsulting services, automotive components andaviation services.


498. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment if the agen-cies under his remit have engaged Deloitte &Touche as advisers; the fees paid to them for eachyear since 1997; the nature of the assignmentsundertaken by this company; if an open compe-tition for the services provided by them was held,including for contract renewals; if the reportingarrangement for them was directly to the mainboard of each agency; and if he will make a state-ment on the matter. [29026/05]

500. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment if he hassatisfied himself, in the case of the agencies underhis remit that have engaged Deloitte & Touchesince 1997, that the boards of these agencies haveexercised the necessary and proper level of duediligence in appointing the company and inreviewing its ongoing performance; and if he willmake a statement on the matter. [29028/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): I propose to take QuestionsNos. 498 and 500 together.

The agencies under the aegis of my Depart-ment are statutorily independent in the exerciseof their day to day functions. Engagement of con-sultants is a matter for the agencies and theirboards and neither I nor my Department has afunction in the matter.


499. Ms O’Sullivan asked the Minister forEnterprise, Trade and Employment the nature ofthe assignments given to Deloitte & Touche byShannon Development regarding the sale of theformer Burlington plant at Gillogue; if he hasreceived regular reports from his officials on thisissue; if he has satisfied himself that ShannonDevelopment is properly observing the corporategovernance guidelines in its review of the per-formance of this company; and if he will make astatement on the matter. [29027/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): I have been informed that, incommon with many other public bodies, ShannonDevelopment employs external specialists to fulfilits internal audit function. Shannon Developmentuses the services of Deloitte (Limerick) toprovide this function. The internal audit prog-ramme is agreed with the audit committee ofShannon Development and is approved by thefull board. On occasion, Deloitte is also engagedto undertake specific assignments by the boardthat would not fall within the agreed internalaudit programme.

In the case of the sale of the former Burlingtonplant at Gillogue, County Clare, the boardengaged Deloitte to review the process wherebythe factory and adjacent lands at Gillogue wereoffered for sale. Following legal advice and con-cerns about a possible legal challenge the com-mission was cancelled and an alternative reviewprocess instituted. No report has issued on footof this process. The day-to-day operation ofShannon Development is a matter for the boardand management of the company. However, myDepartment has requested and received anumber of updates from the company regardingthe sale of the Gillogue property. In accordancewith the relevant reporting obligations on Statebodies the chairman of Shannon Developmenthas confirmed to me that the Shannon Develop-ment has adopted and is complying with theGovernment’s code of practice for corporategovernance.


Grocery Industry.

501. Mr. Blaney asked the Minister forEnterprise, Trade and Employment if he willreview the current Government proposals on thegroceries order with a view to having it retainedin full; and if he will make a statement on thematter. [29029/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): There are no proposalsbefore the Government on the groceries order.However, a public consultation process, which I

initiated following the consumer strategy group’srecommendation that the groceries order shouldbe revoked, recently generated more than 550submissions. These were received from a widerange of parties, including trade groups, pro-ducers and retailers, as well as a significantnumber from the public. The submissions have allbeen considered and a comprehensive report onthe consultation process is currently beingfinalised within my Department. I expect that thereport will include recommendations as to whataction is appropriate in relation to the order. Iwill carefully consider my Department’s findingsbefore making any recommendations to Govern-ment. However, I am on record as saying I do notbelieve that retention of the order in its currentform is a tenable proposition.

Competition Legislation.

502. Mr. Rabbitte asked the Minister forEnterprise, Trade and Employment if his atten-tion has been drawn to the serious difficultiescreated for actors, musicians and freelancejournalists by the manner in which the Compe-tition Authority is interpreting competition law,treating such workers as if they were commercialcompanies and as such not entitled to bandtogether to seek improved fees, terms or con-ditions; if he will amend the law in order toremove any ambiguity and to ensure that suchworkers are entitled to be members of a tradeunion and collectively represented; and if he willmake a statement on the matter. [29030/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): The aim of the CompetitionAct is to prohibit anti-competitive practices byundertakings such as price fixing and-or the abuseof a dominant position. The Act applies to all sec-tors of the economy. An “undertaking” is definedas “a person being an individual, a body corpor-ate or an unincorporated body of personsengaged for gain in the production, supply, or dis-tribution of goods or the provision of a service”.This definition has been in use in Irish compe-tition law for some time and is supported by EUcase law. The view expressed by the CompetitionAuthority in its investigation into price fixinginvolving the Equity trade union and the Instituteof Advertising Practitioners in Ireland was inrespect of that particular case only. The parties tothe investigation do not appear to have takenissue with the authority’s view as they enteredinto undertakings with the authority in settlementof the case, thereby avoiding the necessity ofgoing to court. Only the courts who can interpretthe law. The authority’s decision, which describeshow it came to its view in the matter, is publishedon its website, www.tca.ie. The authority, in itsdecision, states that while it is perfectly legal fora trade union to represent employees in collective


[Mr. Martin.]

bargaining with their employers, its trade unionmantle cannot exempt its conduct when it acts asa trade association for self-employed contractors.

In considering the question of whether anexemption from competition law should be pro-vided for actors, musicians and freelance journal-ists, therefore, we need to bear in mind that asimilar argument could be made for almost anygroup of self-employed contractors, such as bar-risters, farmers, publicans, doctors, pharmacistsetc, who, by coming together, adding union totheir name and getting a negotiating licence,could circumvent the protections afforded to con-sumers by the Oireachtas under the CompetitionAct.

EU Directives.

503. Mr. P. Breen asked the Minister forEnterprise, Trade and Employment the positionrelating to the implementation of Directive2003/105/EC; and if he will make a statement onthe matter. [29032/05]

Minister of State at the Department ofEnterprise, Trade and Employment (Mr.Killeen): Under the Department of Enterprise,Trade and Employment’s Safety, Health andWelfare at Work Act 2005, which commenced on1 September last, the Health and Safety Auth-ority is the State body charged with overallresponsibility for administration, enforcementand promotion of workplace health and safety.Proposed draft regulations entitled EuropeanCommunities (Control of Major Accident Haz-ards Involving Dangerous Substances) Regu-lations 2005, to transpose Directive 2003/105/EC,are nearing completion. It is expected the regu-lations will be made shortly. The new regulationswill transpose, for the first time, Directive2003/105/EC on the control of major-accidenthazards involving dangerous substances whichamend Directive 96/82/EC. The regulations willrevoke and replace the European Communities(Control of Major Accident Hazards InvolvingDangerous Substances) Regulations 2000 — SINo. 476 of 2000) and the European Communities(Control of Major Accident Hazards InvolvingDangerous Substances)(Amendment) Regu-lations 2003, SI No. 402 of 2003.

Question Nos. 504 to 511, inclusive, answeredwith Question No. 493.


512. Mr. Sargent asked the Minister forEnterprise, Trade and Employment the timetablefor the introduction and issuing of the consequentregulations and compliance standards in view ofthe recently introduced Safety, Health and Wel-

fare Act 2005 updating the legislation of 1989; ifhe foresees the replacement of many of the cur-rent regulations or compliance standards; and ifhe will make a statement on the matter.[29187/05]

Minister of State at the Department ofEnterprise, Trade and Employment (Mr.Killeen): The process of developing proposals fornew regulations under the Safety, Health andWelfare at Work Act 2005, which came into oper-ation on 1 September 2005, has commenced inrespect of new general application regulationsand new construction regulations.

The Health and Safety Authority is under-taking a public consultation process on thegeneral application regulations. These proposedregulations will revoke and replace those pro-visions of the Safety, Health and Welfare at Work(General Application) Regulations 1993 — SINo. 44 of 2003, as amended — which were notincorporated in the Safety, Health and Welfare atWork Act 2005 and which were not revokedunder the Safety, Health and Welfare at Work(General Application)(Revocation) Regulations2005, SI No. 392 of 2005.

The proposed general application regulationswill revoke and replace a range of existing regu-lations, including Safety, Health and Welfare atWork (Signs) Regulations 1995, SI No. 132 of1995; Safety, Health and Welfare at Work(Miscellaneous Welfare Provisions) Regulations1995, SI No. 358 of 1995; Safety, Health and Wel-fare at Work (Children and Young Persons)Regulations 1998, SI No. 504 of 1998; Safety,Health and Welfare at Work (Night Work andShift Work) Regulations 2000, SI No. 11 of 2000;Safety, Health and Welfare at Work (PregnantEmployees, etc.) Regulations 2000, SI No. 218 of2000; and Safety, Health and Welfare at Work(General Application) (Amendment) Regu-lations 2001, S.I. No. 188 of 2001.

These regulations retranspose 11 EU directivesand transpose for the first time the following EUdirectives relating to occupational safety, healthand welfare: Directive 2001/45/EC of the Euro-pean Parliament and of the Council of 27 June2001 amending Council Directive 89/655/EECconcerning the minimum safety and healthrequirements for the use of work equipment byworkers at work, including work at height andDirective 2002/44/EC of the European Parlia-ment and of the Council of 25 June 2002 on theminimum health and safety requirements regard-ing the exposure of workers to the risks arisingfrom physical agents, vibration.

The Health and Safety Authority is also under-taking a parallel consultation exercise on draftsafety, health and welfare at work (construction)regulations designed to revoke and replace theSafety, Health and Welfare at Work(Construction) Regulations 2001 and 2003. The


proposed changes in those regulations fall withinfour main categories: the addition of require-ments to make existing obligations more explicitand tangible; the reallocation of duties betweenduty holders to ensure clarity and achieve moreeffective and timely intervention by key persons;changes of a technical nature to the main bodyof the regulations; and the removal generally ofprovision relating to work at height and to liftingoperations, which it is intended to cover in theproposed new general applications regulationsand in proposed new lifting operations regu-lations respectively.

Other replacement regulations for progressionin 2006 include safety, health and welfare at work(quarries) regulations; safety, health and welfareat work (extractive industries) regulations; safety,health and welfare at work (mines) regulations;safety, health and welfare at work (carcinogens,mutagens, chemicals and biological agents) regu-lations; safety, health and welfare at work (fishingvessels) regulations; safety, health and welfare atwork (noise) regulations, transposing CouncilDirective 96/82/EC on the control of major acci-dent hazards involving dangerous substances asamended by Directive 2003/105/EC of the Euro-pean Parliament and of the Council; safety,health and welfare at work (noise) regulations,transposing Directive 2003/10/EC of the Euro-pean Parliament and of the Council of 6 February2003 on the minimum health and safety require-ments regarding the exposure of workers to therisks arising from physical agents (noise); andsafety, health and welfare at work (asbestos)regulations, transposing Directive 2003/18/EC ofthe European Parliament and of the Council of27 March 2003 amending Council Directive83/477/EEC on the protection of workers fromthe risks related to exposure to asbestos at work.

New regulations to be developed under theSafety, Health and Welfare at Work Act 2005include safety, health and welfare at work(diving) regulations and regulations relating tomedical fitness to work under section 23 of the2005 Act.

It is intended that codes of practice and-orother appropriate guidance material will be pro-duced in respect of the various regulationsreferred to above. I recently requested the chair-man and board of the authority to bring forwardproposals for regulations to implement the fol-lowing: section 79 of the 2005 Act in respect ofon-the-spot fines and section 13(1)(c) in regard totesting for intoxicants. I also asked the authority’sboard to consider appropriate ways to promotethe concept of joint safety and health agreementsbetween trade unions of employers andemployees, as provided for under section 24 ofthe Act.

Job Creation.

513. Mr. Wall asked the Minister forEnterprise, Trade and Employment the numberof new places of employment created throughState agencies in County Kildare for each of thepast three years; the number of redundanciesregistered in County Kildare for each of the pastthree years; if he has satisfied himself with theposition; and if he will make a statement on thematter. [29242/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): The table that follows sets outthe number of jobs created by agency supportedcompanies in County Kildare in 2002, 2003 and2004. These data are only compiled on an annualbasis. As the requirement to notify the Depart-ment in advance of redundancies was replaced inearly 2005 by a system of recording redundanciesas they occur, the Department does not, as yet,have reliable figures for 2005 for such redundanc-ies at county level.

Overall permanent employment in agency sup-ported firms in County Kildare has increasedfrom 8,847 in 1995 to 15,698 in 2004, an increaseof more than 75% which is significantly abovethan the national average. The most recent liveregister analysis from the Central Statistics Office— October 2005 — shows a reduction in thenumbers on the live register in County Kildare,in the 12 month period ending September 2005,which indicates that job losses incurred in thecounty in that period have been more than offsetby employment opportunities in other sectors.

Over the past few years the enterprise supportagencies under my Department have been man-dated to adjust their support strategies to meetboth the needs of society in terms of high qualityemployment opportunities and the needs of busi-nesses that generate and sustain those jobs. IDAIreland’s strategy for County Kildare is to pro-gress the development of a knowledge economyso the county can compete both nationally andinternationally for foreign direct investment;encourage increased co-operation between for-eign direct investment companies and third levelinstitutions in the county; work with the existingclient base in the county to expand its presence;provide modern property solutions with support-ing infrastructure; and work with local authoritiesand relevant infrastructure providers to influencethe delivery of appropriate infrastructure to thecounty.

Almost 60% of total employment in Kildare isin companies that are part of the technologicallyadvanced sectors, compared to 45% nationally.While this development is welcome, new jobs arebeing created by established firms in the county.Green Isle Foods, for example, announced amajor expansion earlier this year at its plant inNaas generating 130 new jobs. The services sector


[Mr. Martin.]

is the most rapidly expanding sector of the econ-omy in County Kildare.

County Kildare has benefited from significantinvestment in recent years in technological infra-structure in NUI Maynooth. This will be the keyto ensuring that the county is an attractivelocation for knowledge-based industry in futureyears. Since 2002, Enterprise Ireland hasapproved more than \3.3 million to support inno-vation partnerships between NUI Maynooth andindustry. In addition to providing direct financial

2002 2003 2004

No. of Jobs Created in County Kildare by Agency Supported Companies 1,011 989 1,099

No. of Notified Redundancies 459 721 706

(Source: BIS)

FAS Training Programmes.

514. Mr. Wall asked the Minister forEnterprise, Trade and Employment the numberof apprentices with FAS for each of the past threeyears; if figures are available which indicate dis-crepancies in regard to numbers in particulartrades; if so, his plans to rectify the problem; andif he will make a statement on the matter.[29243/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): In recent years there has beena substantial overall increase in apprentice regis-trations. In response to this challenge, myDepartment, through FAS and in co-operationwith the Department of Education and Science,increased the overall capacity of training placesto meet this demand. Data on apprenticeshipregistration in the years 2002, 2003 and 2004 areset out in the table that follows.

The phase 2 off-the-job training provision isfunded by my Department and provided by FAS.The provision for phase 4 and phase 6 off-the-jobtraining courses is funded by the Department of

Apprenticeship Registrations

Trades Registrations for 2002 Registrations for 2003 Registrations for 2004

Agricultural Mechanics 67 45 50

Aircraft Mechanics 75 28 28

Bookbinding 7 2 1

Bricklaying 441 549 679

Cabinet Making 235 217 194

Carpentry & Joinery 1,547 1,850 2,089

Carton Making 1 0 0

Construction Plant Fitting 82 84 102

Electrical Instrumentation 37 41 43

Electrical 1,812 1,766 2,028

Fitting 229 211 180

assistance, Kildare County Enterprise Board alsoprovides indirect assistance such as advice, men-toring and a broad range of training programmesfor prospective entrants or established partici-pants in the micro-enterprise sector.

Kildare continues to thrive across a broadrange of activities in a number of important sec-tors; as a result, many job opportunities are beingcreated within the county. I am confident thestrategies and policies been pursued by theenterprise development agencies will continue tomaximise sustainable investment and jobs for thepeople of Kildare.

Education and Science through the network ofinstitutes of technology. The provision require-ments for all of the respective off-the-job trainingcourses are constantly under review. FAS liaiseswith my Department, the Department of Edu-cation and Science and the institutes of tech-nology on an ongoing basis to ensure adequatecapacity is available for all of the off-the-jobtraining courses. Ultimately, the provisionrequirements for phase 4 and phase 6 off-the-jobtraining courses in IT colleges are at the discre-tion and resources of the Department of Edu-cation and Science.

To address the falling number of apprenticesbeing registered to the trades of printing, thenational apprenticeship advisory committee,which advises the board of FAS on all matterspertaining to apprenticeship and traineeship,recently endorsed the printing industry stake-holders’ request to convert the trades of printingto a three-year apprenticeship from a four-yearapprenticeship. The industry stakeholders arereviewing the respective trades of printing curric-ula to ensure the curricula reflect the new three-year structure.


Trades Registrations for 2002 Registrations for 2003 Registrations for 2004

Floor Wall Tiling 39 37 36

Heavy Vehicle Mechanics 194 140 105

Instrumentation 24 20 17

Metal Fabrication 266 256 223

Motor Mechanics 457 419 404

Origination 5 5 2

Painting and Decorating 151 139 157

Plastering 186 268 310

Plumbing 731 938 1,249

Printing 10 17 15

Refrigeration 78 74 88

Sheet Metal Fabrication 98 69 74

Tool Making 43 46 39

Vehicle Body Repair 93 100 102

Wood Machining 22 15 24

Total 6,781 7,261 8,160

Departmental Staff.

515. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment the rates ofovertime or additional allowances payable to staffwho work in his Department’s press office inrespect of persons being on-call and theiradditional attendance at work before or after nor-mal hours; and if he will make a statement on thematter. [29296/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): There are no additionalallowances paid to staff in my Department’s pressoffice in respect of persons being on call and, orfor their additional attendance at work before orafter normal hours. Overtime is paid to the staffof the press office in accordance with standardCivil Service conditions and rates, as per circular27/99.

516. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment the amountsof ex gratia payments made to staff in his Depart-ments press office in respect of persons being oncall and their additional attendance at workbefore or after normal hours; and if he will makea statement on the matter. [29311/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): There are no ex gratia pay-ments made to staff in my Department’s pressoffice in respect of persons being on call and/orfor their additional attendance at work before orafter normal hours.

517. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment the amountof compensatory leave granted or due to begranted to staff in his Department; the individualsto whom they were granted in respect of

additional attendance at work before or after nor-mal hours of attendance; and if he will make astatement on the matter. [29326/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): Compensatory leave isgranted to staff in my Department in respect ofsanctioned early morning duties and sanctionedovertime. Responsibility for the management ofcompensatory leave in my Department has beendevolved to local line management. It is thepolicy of my Department not to release infor-mation in respect of individual staff records.


518. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment if the person-nel files of staff in his Department have beencopied or given to external parties; if so, the safe-guards which have been put in place to ensurethat no personal data of any member of staff inhis Department will be released to third parties;and if he will make a statement on the matter.[29341/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): Staff in the personnel unit ofmy Department are aware of their responsibilitiesunder the Data Protection Act in respect of themaintenance and disclosure of personnel data.

It is not the practice of personnel unit to givepersonnel files of staff to external parties.However, when required for legal cases, person-nel files have been copied for the Chief State’sSolicitor’s Office. In addition, personnel data isoccasionally sent to the chief medical officerwhen medical advice is sought. Such documentsare forwarded in accordance with the Data Pro-tection Act.


Departmental Staff.

519. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment the numberof staff in his Department to whom leave ofabsence, or any other absence from normal dutiesor place of work, in excess of two months wasgranted for educational purposes in any yearsince 2002; the nature of the educational courseundertaken in each case; if there are terms orconditions relating to academic achievementattached to the granting of such leave; if person-nel who were granted such leave failed to com-plete their courses; and if he will make a state-ment on the matter. [29356/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): Since 2002 seven people inmy Department have been granted leave inexcess of two months for educational purposes.

One officer is currently undertaking the mas-ters programme in public policy analysis. Theprogramme is a two-year full time programmeinvolving academic study and projects in publicpolicy evaluation. Upon successful completion ofthe programme, the officer will return to myDepartment on promotion and will work inpublic policy analysis. If this officer leaves theCivil Service within two years of completing thecourse, the officer will refund all costs associatedwith the course.

A total of six staff in my Department haveavailed of unpaid leave for study purposes underthe Department of Finance circular 18/98 —special leave without pay for career breaks. Theseapplications are detailed below:

Career Break for Study Purposes

Year Number of Staff

2002 1

2003 1

2004 2

2005 2

Once staff members meet the eligibility criteriaunder the career break scheme, no further termsor conditions relating to academic achievementare attached by my Department, to the grantingof such unpaid leave. Staff members concernedare not required to provide any further details inrespect of their planned educational course.

520. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment the numberof staff who applied for a refund of course fees inrespect of courses undertaken at night orevenings; the value of refunds expected to bemade by his Department in 2005; the number ofstaff to whom approval to attend a course wasgranted in the last academic year but did not sub-

sequently apply for the refund; and if he willmake a statement on the matter. [29371/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): Under my Department’srefund of fees scheme, the costs of appropriatethird level courses, which are pursued in anofficer’s own time, are refunded on successfulcompletion of such courses. Staff are encouragedto participate in the scheme as it enhances theirpersonal development while assisting the Depart-ment to meet its business objectives.

Of 45 applications approved under the schemein respect of the academic year 2004-05, eightstaff did not seek a refund. It is expected that thevalue of refunds made in my Department in 2005will be \94,909.

521. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment the pro-portion of his Department’s training budget thatis spent on refunds to staff in respect of night-time or weekend study courses; the list of allcourses funded by his Department in the pastthree years; and if he will make a statement onthe matter. [29386/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): Under my Department’srefund of fees scheme, the costs of appropriatethird level courses, which are pursued in anofficer’s own time, are refunded on successfulcompletion of such courses. Staff are encouragedto participate in the scheme as it enhances theirpersonal development while assisting the Depart-ment to meet its business objectives.

Over the past three years, 126 officers in myDepartment have pursued courses in their owntime under the refund of fees scheme, at a totalcost of \235,393. This represents an averageexpenditure of 10% of the training budget for theperiod in question. Details of courses funded bymy Department under the refund of fees schemein the past three years are provided below.

Courses funded under the Refund of Fees Scheme in theDepartment of Enterprise, Trade & Employment in 2002/2003

Certified Public AccountantDiploma Public ManagementBA Public ManagementBSc Human Resource ManagementCertificate in Front-Line ManagementBSc Management & LawCertificate in Personnel PracticeBarrister-at-lawBSc. Information TechnologyBA in Industrial RelationsBA PsychologyBA (Hons) Media & MarketingBA (Hons) Management & Information SystemsBA Business StudiesDiploma in Information SystemsGraduate Diploma in Public ManagementCertificate in Legal StudiesAccounting TechnicianB.A. sa Nua GaeilgeCertificate in Management and Employee Relations


Certificate in Business StudiesCertificate in EU LawNational Diploma in Human Resource ManagementCertificate in Business LawFoundation in Law — CivilPhD in PhilosophyMSc Economic Policy.


BSc. Information TechnologyGraduate Diploma in ITBSc. Management & LawDiploma in Management StudiesBA Public ManagementMSc. Economic PolicyCertificate in Supervisory ManagementDiploma in Public ManagementBA PsychologyBA Management & Information SystemsDiploma in HR ManagementIntroduction to Company LawBA Business StudiesDiploma in Legal StudiesBarrister — at — LawFoundation in Law — CivilBSc. HR ManagementBA sa Nua GaeilgeCertified Public AccountantDiploma in Information SystemsEconomics (Open University Module)BA Social Science.


BSc. Information TechnologyDiploma in Health, Safety & WelfareDiploma in Public ManagementDiploma in Legal StudiesBA Public ManagementBSc. Management & LawBA sa Nua GaeilgeBA PsychologyMA Public ManagementBA Business StudiesCertificate in Supervisory ManagementBA Management & Information systemsDiploma in International Business StudiesFoundation in Law — CivilBSc. Business & Information TechnologyMA Business AdministrationMA Public ManagementDiploma in Conflict DisputeACCAManagement Accountancy CIMA.


522. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment the amountspent by his Department on briefcases; theamount refunded to staff in his Department inrespect of purchases of briefcases; the number ofstaff who have received briefcases; the number ofstaff who have received refunds for briefcasesthey purchased; the largest single amount paid orrefunded in respect of one briefcase; and if he willmake a statement on the matter. [29401/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): At end September 2005 therewere 979.17 full-time equivalent staff serving inmy Department. In the past 18 months myDepartment spent \941.22 in respect of 20 brief-

cases, the majority of which were required bylabour inspectors and the average cost of brief-cases purchased during this period was \47. Therewere no refunds to staff in respect of briefcases.The largest amount paid for one briefcase was\112.46.

523. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment the numberof personal digital assistants provided to staff inhis Department; the cost of same; the cost of themost expensive personal digital assistant pur-chased to date; the grades to which these devicesare issued; if personal digital assistants are issuedas a matter of course or are subject to preparationof a business case which is subsequently scruti-nised; if so, by whom the final decision on allo-cation of personal digital assistants is made; andif he will make a statement on the matter.[29416/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): My Department uses theBlackberry as its PDA-type device of preference.This device gives selected officers of the Depart-ment the ability to keep up-to-date with their e-mail and appointments schedule while away fromthe office, while also providing mobile phoneservices.

At present there are 83 of these devices in usein my Department and its associated offices, outof a total staff serving at end of September of979.17. The device is normally only made avail-able to officers at principal level and above;however, it can also be made available to otherofficers where there is a clear benefit to theDepartment. In such instances, a business casesupported by the relevant assistant secretary isrequired before issue of a Blackberry. The cur-rent grade breakdown of those supplied withBlackberry devices is as follows:- Minister: 1, Sec-retary General: 1, Assistant Secretary: 7, Princi-pal Officer: 24, Assistant Principal Officer: 13,Assistant. Sec/PO/AP equivalent grades: 10,Private Secretary: 3, Higher Executive Officer: 3,ODCA Inspectors: 20 and Clerical Officer: 1. Thecost of the Blackberry is currently around \250plus VAT per device, plus an ongoing monthlyservice charge of between \30 and \36 plus VAT,depending on the service provider. To avoidunnecessary equipment and line rental charges,officers are required to use the Blackberry deviceas their mobile phone. Prior to the move to theBlackberry, the dearest PDA purchased cost \395plus VAT.

Departmental Staff.

524. Mr. P. McGrath asked the Minister forEnterprise, Trade and Employment the numberof staff in each general service and departmentgrade in his Department who have been exempt


[Mr. P. McGrath.]

for a period in excess of six months fromattending meetings, dealing with correspondence,dealing with telephone queries, home or foreigntravel, using computers or other duties by virtueof a medical certificate; if such long-term exemp-tions from normal duties are fair to other staffwho must pick up the extra work; if they providethe taxpayer with good value for money; if suchexemptions or certificates have been reviewed bythe chief medical officer; and if he will make astatement on the matter. [29431/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): There are no members ofstaff in my Department who have been exemptfor a period in excess of six months fromattending meetings, dealing with correspondence,dealing with telephone queries, home or foreigntravel, using computers or other duties by virtueof a medical certificate.


525. Mr. Gilmore asked the Minister forEnterprise, Trade and Employment the amountpaid to a consultancy company (details supplied)in respect of each year since 2000; the details ofeach of the contracts and services provided; thenature of the controls applied in the procurementprocess or processes; if he is satisfied that valuefor money has been achieved in each case; and ifhe will make a statement on the matter.[29454/05]

526. Mr. Gilmore asked the Minister forEnterprise, Trade and Employment the amountpaid to a consultancy company (details supplied)in respect of each year since 2000; the details ofeach of the contracts and services provided; thenature of the controls applied in the procurementprocess or processes; if he is satisfied that valuefor money has been achieved in each case; and ifhe will make a statement on the matter.[29469/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): I propose to take QuestionsNos. 525 and 526 together.

My Department has no record of entering intoany contracts with Accenture during the periodin question. The Department has identified thefollowing payments to a company named GartnerGroup UK Limited: in 1997, a payment of£10,579.63 for IT work; in 1998, a payment of£889.96 in respect of research software; and in1999, a payment of £121.00 identified as e-busi-ness conference.

None of these contracts exceeded the publicprocurement threshold and my Department issatisfied that value for money was achieved ineach case.

Insurance Industry.

527. Mr. Durkan asked the Minister forEnterprise, Trade and Employment the way inwhich insurance costs here compare with those inthe rest of Europe; if, in view of the huge profitsrecorded by insurance companies here, he willgive assistance to ensure that insurance premiumswill be reduced and the benefit of same passedon to the public in early date; and if he will makea statement on the matter. [29551/05]

Minister for Enterprise, Trade and Employ-ment (Mr. Martin): The National Competi-tiveness Council, NCC, in its annual competi-tiveness report 2005, found that of the 16countries benchmarked, Irish expenditure onnon-life insurance was the fourth highest.However, the NCC also found that the rate ofgrowth in the cost of insurance has slowed downsubstantially in recent years. This can be attri-buted to the series of initiatives the Governmenthas pushed through to reform the insurance sec-tor. The action taken by Government to ensurehealthy competition in the insurance sector hadalready seen benefits for consumers.

The Personal Injuries Assessment Board,PIAB, is one of the key initiatives of the Govern-ment’s insurance reform programme. The PIAB’sfirst annual report shows that PIAB assessmentsto date have been delivered approximately threetimes faster and at a delivery charge four timescheaper than under the litigation system.

Supervision of insurance undertakings is theresponsibility of the financial regulator, formerlyknown as the Irish Financial Services RegulatoryAuthority. The financial regulator has a wideregulatory remit covering consumer protectionand prudential supervision of practically all of thefinancial services industry, including insurance,and the services provided by it.

It will be noted that the annual report of thefinancial regulator for the 2003-04 period high-lights its role in addressing its mandate in theareas of consumer protection, the prudentialsupervision of financial service providers, includ-ing providers of insurance, and in establishingand building a new regulatory structure. Indeedthe regulator’s mission statement is “to help con-sumers make informed financial decisions in asafe and fair market and to foster sound dynamicfinancial institutions in Ireland, thereby contribu-ting to financial stability”.

In addition, the regulator’s strategic plan 2004-06, has identified two of its three high level goalsin addressing its mandate as helping consumersto make informed choices through education andcodes of practice in a fair financial servicesmarket” and “having a regulatory system that fos-ters safe and sound financial institutions whileoperating in a competitive and expanding marketof high reputation”.


Before the establishment of the FinancialRegulator my Department regulated and super-vised insurance undertakings. I had ministerialresponsibility and my Department had access todetailed statutory returns which would haveallowed my Department make judgments relatingto levels of reserves and profits in insuranceundertakings. The Financial Regulator nowreceives these statutory returns and has responsi-bility for protecting consumer interests in respectof insurance. The Financial Regulator comesunder the aegis of my colleague the Minister forFinance.

Social Welfare Benefits.

528. Mr. Morgan asked the Minister for Socialand Family Affairs the number of applicationswhich were received for special heating needssupplement under the supplementary welfareallowance scheme in each of the counties in theHealth Service Executive north east area; and thenumber which were successful. [28619/05]

Minister for Social and Family Affairs (Mr.Brennan): Under the terms of the supplementarywelfare allowance scheme, administered onbehalf of my Department by the community wel-fare division of the Health Service Executive, arecipient of a social welfare or Health ServiceExecutive payment who has exceptional heatingcost due to ill health or infirmity may qualify fora heating supplement.

Due to the different nature and format ofapplications for heating supplements, details ofthe number of applications to the executive forthese supplements are not readily available in thenorth-eastern area or elsewhere. Details of thenumber of recipients of heating supplements incounties in the north-east area are shown in thefollowing table.

Table: Number of recipients of heating supplement in theHealth Service Executive north east area by county at 7

October 2005.

County No.

Cavan 10

Louth 3

Meath 19

Monaghan 12

Total NE 44

Total National 3,157

Family Support Services.

529. Mr. Deenihan asked the Minister forSocial and Family Affairs when a decision will bemade on the application by Ballyduff Family andCommunity Support Forum Limited in 2001 to

the family support agency to be included andresourced as a family resource centre; and if hewill make a statement on the matter. [29227/05]

Minister for Social and Family Affairs (Mr.Brennan): Responsibility for the Family andCommunity Services Resource Centre, FRC,programme was transferred to the Family Sup-port Agency on its establishment in May 2003.Applications to join the FRC programme thenfell to be addressed by the newly establishedagency.

The Ballyduff Family and Community SupportForum Limited’s application to join the prog-ramme, originally submitted to the then Depart-ment of Social, Community and Family Affairs in2001, was submitted to a sub-group of the FamilySupport Agency for consideration in 2004. Thesub-group, established to assess such applications,decided at that time to postpone any decisionuntil a regional support agency was in placecovering the southern region. These supportagencies play a vital role in the establishment offamily resource centres by providing advice andsupport and by setting standards for their work.

Following the award of a contract for theregion to the south and mid-west Regional Sup-port Agency in June 2005, the Family SupportAgency asked them to meet Ballyduff Family andCommunity Support Forum Limited and toprovide an update on the group’s application.

The application was re-submitted to the sub-group of the Family Support Agency for con-sideration earlier this month. The decision of thesub-group will be forwarded to the board of theagency for approval at their next meeting, whichis scheduled for Monday 24 October. It will thenbe forwarded to me for final approval after whichBallyduff Family and Community Support ForumLimited will be notified of the decision in theircase.

Social Welfare Code.

530. Mr. Morgan asked the Minister for Socialand Family Affairs the reason the parents of asingle person living at home are subject to ameans test when their child makes an applicationfor unemployment assistance; his views onwhether it is unfair to do so; if he will change thisrule in any circumstance; and if he will make astatement on the matter. [28611/05]

Minister for Social and Family Affairs (Mr.Brennan): For unemployment assistance pur-poses, the assessment of means for non-house-holders resident in the parental home has alwaystaken into account the yearly value of any benefitand privilege enjoyed by him or her by virtue ofresiding with a parent or step-parent. In practice,this is taken to mean the value of free board and


[Mr. Brennan.]

lodging to a claimant and such value is ascribedhaving regard to the level of parental income.

The Commission on Social Welfare, 1986,examined the then operation of the benefit andprivilege arrangements. The commission recom-mended the abolition of the concept of benefitand privilege for those aged 25 years and over. Inreaching this conclusion, the commission stated:The reason for this cut-off point, 25, is that bythat age young adults would normally havebecome financially independent of the parentalhome. The minority, however, unable to obtainemployment by that age or those who becomeunemployed at a later age should also be entitledto financial independence and it can be arguedthat such persons should, therefore, be entitledto a payment in their own right, irrespective ofparental means. Payment at the full basic rate isappropriate in such cases.

In budget 2003, the assessment of benefit andprivilege for UA claimants aged 29 years andover was abolished. Budget 2004 abolished theassessment for those aged 27 and 28 years of age.In budget 2005, I further reduced the age abovewhich the assessment of benefit and privilegedoes not apply to 26 years of age. Any furtherchange in these arrangements would fall to beconsidered in a budgetary context.


531. Ms C. Murphy asked the Minister forSocial and Family Affairs if he will increase theearnings threshold for the dependants of old agepensioners, contributory and non-contributory,from between \88.88 and \220.00 gross earningsper week to a range that is more reflective of theincrease in the cost of living since this figure waslast revised; and if he will make a statement onthe matter. [28763/05]

Minister for Social and Family Affairs (Mr.Brennan): Across the majority of social welfarepayments, entitlement to an increase for a quali-fied adult is based, inter alia, on the spouse orpartner’s income. An increase at the maximumrate is payable where the spouse or partner’sincome is \88.88 per week or less, with a reduced,or tapered rate payable where this income isbetween \88.88 and \220. This lower threshold of\88.88 was last increased in budget 2000 while theupper threshold has been increased in each suc-cessive budget since then, from \171.41, £135, in2000 to \220 in budget 2005.

Since this Government came into office, anumber of changes to these tapered arrange-ments have been introduced with a view to ensur-ing that the impact of increases in earnings arenot negated for families where the spouse is thesole earner and is in low-paid employment. First,the range of income over which the IQA is with-

drawn has been progressively extended. Second,provision was made for the deferral of the lossof half the child dependant allowance until theearnings of the spouse or partner exceeds theupper bound of the income range. Third, the IQAweekly rates have been increased annually ineach budget package.

One of the key objectives of the 2005 socialwelfare budget package was to protect andenhance the real value of all rates of payment. Inthis context, budget 2005 provided for increasesin the main personal rates of weekly paymentsranging from 8.4% to 13.1%.

The main IQA rates were also increased by thesame percentages thereby ensuring that they didnot fall as a proportion of the associated personalrate. Thus, since the year 2000 the rate of IQApayable with old age, contributory, pension hasincreased by 56.3%, \43.06, while the consumerprice index has risen by 18.8%. Similarly, since1995, the rate of IQA has increased by 95.7%,\58.43, while the consumer price index has risenby 34.6%. This has given real increases of 31.6%and 45.4% respectively.

Any change in the current arrangements relat-ing to entitlement to an increase for a qualifiedadult would have to be considered in a budgetarycontext and in the light of available resources.

Social Insurance.

532. Mr. Ring asked the Minister for Social andFamily Affairs if he will extend the benefits ofthe Class S PRSI contributions to enable thosecontributing to receive assistance such as dis-ability benefit or invalidity pension during an ill-ness; and if he will make a statement on thematter. [28766/05]

Minister for Social and Family Affairs (Mr.Brennan): The social insurance system in Irelandis generally based on compulsory paid PRSI con-tributions on which entitlement to a range of con-tingency-based payments are established.Workers are insured under the Social WelfareActs as either employed or self-employed con-tributors. Employees and their employers gener-ally pay contributions at PRSI Class A, whereasself-employed workers generally pay Class S con-tributions. The class and number of contributionspaid determines the range of benefits and pen-sions towards which contributors can build upentitlement.

The range of benefits to which different groupsof workers may establish entitlement reflects therisks associated with the nature of their work andthis is reflected in the rate of contributions pay-able. Self-employed individuals pay Class S con-tributions at a rate of 3% and are potentially eli-gible to a narrower range of benefits thanemployees who, together with their employers,are potentially liable for a total contribution of


14.05% under PRSI Class A. Class S contributorsare entitled to the following payments: widow’sor widower’s contributory pension; orphan’s con-tributory allowance; old age contributory pen-sion; maternity benefit; adoptive benefit, andbereavement grant.

When Class S was introduced for self-employed persons in 1988, coverage for bothshort-term insurance-based payments such as dis-ability benefit and for illness was excluded on thegrounds that it would prove administratively andlegally complex and would be costly toimplement.

There are no immediate plans to extend short-term income support benefits or invalidity pen-sions to self-employed persons. Such an extensionwould not only necessitate a significant increasein the rate of Class S contribution to fund it butalso require considerable changes to existingadministration and control procedures. Self-employed workers who do not qualify for aninsurance-based benefit may claim supplemen-tary welfare allowance, which is subject to ameans test.

Habitual Residency Regulation.

533. Mr. Ring asked the Minister for Social andFamily Affairs if the habitual residency regu-lation is legal; the contact which has been madeby the EU with his Department in this regard;and if he will make a statement on the matter.[29097/05]

Minister for Social and Family Affairs (Mr.Brennan): The requirement to be habitually resi-dent in Ireland was introduced as a qualifyingcondition for certain social assistance schemesand child benefit with effect from 1 May 2004.The basis for the restriction is the applicant’shabitual residence. It is not based on citizenship,nationality, immigration status or any otherfactor. The effect is that a person whose habitualresidence is elsewhere is not paid certain socialwelfare payments on arrival in Ireland.

The EU Commission wrote to the Governmenton 22 December 2004 raising a number of issuesconcerning its compliance with EU law in respectof workers and their families. Officials of myDepartment have engaged in discussion with theEU Commission officials, clarifying the operationof the condition and addressing the issues raised.In particular, it was pointed out that the questionof what is a person’s habitual residence is decidedin accordance with the criteria set out in Euro-pean Court of Justice case law.

These are: the length and continuity of resi-dence in a particular country, length and purposeof absence from Ireland, nature and pattern ofthe employment, applicant’s main centre ofinterest, future intention of applicant concernedas it appears from all the circumstances.

In addition, full consideration is given in thedecision making process to the requirements ofEU Regulation 1408/71 which coordinates thesocial security rights of people who move withinthe EU. A response by the Commission to thepoints made is still awaited. It is expected that theCommission’s examination of the matter will beconcluded to the satisfaction of both parties bythe end of this year.

534. Mr. Ring asked the Minister for Social andFamily Affairs the number of persons who havebeen refused payments due to the habitual resi-dency condition since its introduction on 1 May2004, giving details for each social welfare pay-ment type; and if he will make a statement on thematter. [29098/05]

Minister for Social and Family Affairs (Mr.Brennan): From 1 May 2004 the requirement tobe habitually resident in Ireland was introducedas a qualifying condition for certain social assist-ance schemes including child benefit. The effectof the condition is that a person whose habitualresidence is elsewhere is not paid certain socialwelfare payments on arrival in Ireland. The ques-tion of what is a person’s habitual residence isdecided in accordance with European Court ofJustice case law, which sets out the grounds forassessing individual claims.

Each case received for a determination on thehabitual residence condition is dealt with in itsown right and a decision is based on the individ-ual circumstances of each case. Any applicantwho disagrees with the decision of a decidingofficer has the right to appeal to the Social Wel-fare Appeals Office.

For the period from 1 May 2004 to 13 October2005, the number of cases decided is 22,810, ofwhich 5630, 25%, were disallowed. Persons whoare not habitually resident at the time of appli-cation for one of the specified payments maybecome habitually resident at a later date andmay re-apply. The following table gives a break-down of the number of cases disallowed byscheme type.

Scheme Total disallowed

Unemployment assistance 3,591

Child benefit 1,212

One parent family payment 475

Disability allowance 186

Old age non-contributory pension 94

Carer’s allowance 60

Widow’s non-contributory pension 11

Orphan’s non-contributory pension 1

5,630


535. Mr. Ring asked the Minister for Social andFamily Affairs the way in which the habitual resi-dency clause affects Irish citizens born in thiscountry who had been living in England; and if hewill make a statement on the matter. [29099/05]

Minister for Social and Family Affairs (Mr.Brennan): The requirement to be habitually resi-dent in Ireland was introduced as a qualifyingcondition for certain social assistance schemesand child benefit with effect from 1 May 2004.

The basis for the restriction in the new rules isthe applicant’s habitual residence. The restrictionis not based on citizenship, nationality, immi-gration status or any other factor. The questionof what is a person’s “habitual residence” isdecided in accordance with European Court ofJustice case law, which sets out the grounds forassessing individual claims.

Each case received for a determination on thehabitual residence condition is dealt with in itsown right and a decision is based on applicationof the guidelines to the individual circumstancesof each case. A person who has supplied proof ofresidence in the common travel area for a periodof two years or more and then moves to Irelandwith the intention of settling here will satisfy thehabitual residence condition. The common travelarea includes Ireland, Great Britain, the ChannelIslands and the Isle of Man.

536. Mr. Sargent asked the Minister for Socialand Family Affairs if he will report on the imple-mentation by his Department of the habitual resi-dence condition; and if he will make a statementon the matter. [29103/05]

Minister for Social and Family Affairs (Mr.Brennan): The requirement to be habitually resi-dent in Ireland was introduced as a qualifyingcondition for certain social assistance schemesand child benefit with effect from 1 May 2004.

A central unit was set up to monitor the imple-mentation of the habitual residence condition. Animportant function of the central unit is to makedecisions on complex cases. The unit also pro-vides advice and support, on an ongoing basis, tostaff in social welfare offices and scheme areas.This includes circulation of guidelines andupdates on the administration of the scheme asappropriate.

Decisions to the effect that applicants satisfythe habitual residence condition are made in themajority of cases at claim acceptance stage bydeciding officers at local level throughout thecountry. Since 1 August 2005, decisions on childbenefit cases are being dealt with in child benefitsection in Letterkenny. At present decisions oncomplex cases for other scheme types are beingmade in the central unit.

The main policy and administrative devel-opments to date have included the drafting of

guidelines, overseen by the Department’sdecisions advisory office, and the posting of theseguidelines on the Department’s website and onthe Department’s internal computer network foraccess by staff.

Administrative guidelines on the operation ofthe condition have also been compiled and fur-nished to staff in social welfare offices, social wel-fare scheme areas and the community welfareservice. Training has also been provided to 1,300departmental staff. The habitual residence con-dition is being operated in a considered manner,to ensure that people whose cases are appropriateto the Irish social welfare system have access tothe system when they need it. In the period fromMay 2004 to 13 October a total of 22,810 caseshas been decided. Almost 75% of these caseswere found to satisfy the habitual residencecondition.

The operation of the habitual residence con-dition has been kept under review by officials ofmy Department since its introduction. The pur-pose of the review is to assess the impact of thecondition on different categories of claimants, theorganisational arrangements and the level ofservice provided to customers, to identify oppor-tunities for improvements in the administrationof the scheme and identify emerging policy issuesand consider how these should be addressed.

Account is being taken of the views receivedfrom various groups and organisations who havean interest in the area. I expect to be in a positionto draw conclusions from the review by the endof the year.


537. Mr. Sargent asked the Minister for Socialand Family Affairs if he will report on the imple-mentation of Regulation 647/2005 and the impli-cations for his Department of the EuropeanCourt of Justice case 215/99 Jauch and ECJ caseC — 160/96 Molenaar; if he will identify the socialwelfare benefits here which are regarded in EUlaw as being family benefits; the consequences ofthat classification for claimants; if he will identifythe social welfare benefits which are classified inEU law as being other than family benefits; theconsequences of that classification for claimants;and if he will make a statement on the matter.[29104/05]

Minister for Social and Family Affairs (Mr.Brennan): Regulation (EC) No 647/2005 cameinto force on 5 May 2005. The main element ofthe proposal concerns amendments to Article4(2a) and Annex IIa of EEC Regulation 1408/71,details regarding special non-contributory cashbenefits, to take account of new benefits of thistype in national legislation and of developmentsin the European Court of Justice (ECJ) regardingthe classification of such benefits.


Annex IIa of Regulation 1408/71 contains a listof special non-contributory benefits granted bymember states to people exclusively within theterritory of the member state in which theyreside. In other words, they cannot be exported.The benefits in the annex were entered by eachmember state on the basis that they hadcharacteristics of both social insurance and socialassistance typically means tested payments.

The European Court has ruled, Case C-215/99Jauch and Case C-160/96 Molenaar, that for abenefit to be special it must be clear that it isneither a conventional social insurance nor asocial assistance scheme; and have as its primeobjective to react to the financial need of the per-sons concerned and guarantee them a minimumsubsistence income, namely, it should be aimed atpreventing poverty; or be exclusively designed toprovide specific support for disabled people.

In light of case law of the Court, the Com-mission considered it essential to review the listfor each member state in order to ascertainwhether the benefits listed meet the special andnon-contributory criteria laid down by the Court.Annex IIa as a consequence has been amendedto include only those benefits which satisfy thenew definition as outlined by the Court, andreflected in Article 4(2a). Member states whowished to retain entries in Annex IIa wererequired to justify them by reference to the newdefinition.

Ireland accepted that the 8 entries listed inAnnex IIa of Regulation 1408/71 would have tobe removed in the light of the jurisprudence. Fourof these entries come within the remit of theDepartment of Health and Children, and are:infectious diseases maintenance allowance, domi-ciliary care allowance, blind welfare allowance,and disabled person’s rehabilitation allowance.

Regarding the benefits outlined the Councildecided that they should properly be reclassifiedas sickness benefits in cash, and should becoordinated by the rules relating to sicknessbenefits set out in Regulation 1408/71 which pro-vides for export of benefits. In addition, and hav-ing regard to the jurisprudence of the Court, itwas decided that carer’s benefit, which is aninsurance based payment, is properly classified asickness benefit in cash within the meaning ofRegulation 1408/71. This means that claimants ofthis benefit can rely to the extent necessary onperiods of insurance completed in anothermember state in order to meet the PRSI contri-bution conditions. It also means that the benefitcan be paid outside the State.

The remaining 4 entries removed from AnnexIIa come within the remit of the Department ofSocial and Family Affairs, and are as follows: oneparent family payment, family income sup-plement, orphan’s non-contributory allowance,and carer’s allowance Regarding the first threebenefits outlined, the Council decided they

should be coordinated as family benefits resultingin these benefits being exportable from Irelandin certain circumstances. Child benefit is alreadybeing coordinated as family benefit. In respect ofcarer’s allowance it was agreed this benefit fallsoutside the scope of Regulation 1408/71 and thus,would continue to be paid only to recipients whileresident in Ireland.

Based on what I have said, the Irish entries thatare maintained in Annex IIa with effect from 5May 2005 are: unemployment assistance; old ageand blind non-contributory pension; widow’s andwidower’s non-contributory pension; disabilityallowance; and mobility allowance While certainbenefits are no longer listed in Annex IIa it doesnot mean that in all cases the benefits would beexported without restriction. For instance, childbenefit as a family benefit is coordinated so thatin the case, for example, of a family living inNorthern Ireland with one parent working in theSouth, the Department of Social and FamilyAffairs is responsible for paying family benefitsby virtue of the person’s employment. If familybenefits in Northern Ireland were higher thatState would pay a supplement representing thedifference in the two benefits. This ensures thatthe family gets the benefit of the highest rates offamily benefits payable by the state of employ-ment and the state of residence.

538. Mr. Haughey asked the Minister for Socialand Family Affairs the position regarding thepayment of the fuel allowance to the tenants ofDublin City Council senior citizen flat schemesand flat schemes generally; and if he will make astatement on the matter. [29217/05]

Minister for Social and Family Affairs (Mr.Brennan): The aim of the national fuel scheme isto assist householders who are in receipt of long-term social welfare or health service executivepayments towards their additional heating needsduring the winter season.

As a long-standing policy within the scheme,fuel allowances are not payable in cases where aperson has access to their own fuel supply, or isbenefiting from a subsidised or low cost heatingservice, such as those provided by Dublin CityCouncil at a number of its housing complexes.

In the course of a routine review of fuel allow-ance payments, the Department recently ceasedfuel allowance entitlement which had been paidin error in a number of cases where recipientswere in local authority accommodation with sub-sidised or low cost heating.

The allowances were withdrawn in these caseswith effect from the start of the winter heatingseason and my Department will not be seekingrepayment. The basis for this policy condition ofthe fuel allowance scheme is that the contributionthat tenants in communal heating situations maketowards their heating costs is limited to a fixed


[Mr. Brennan.]

amount, typically around \6 per week, includedas part of their overall rent charge. Unlike othersocial welfare clients who must buy their own fuelat prevailing retail cost, these tenants are pro-tected from increases in heating costs, the truecost of which is subsidised significantly by DublinCity Council and the other local authorities con-cerned. I have no plans at present to change thefuel allowance eligibility rules in such cases.

More generally, the rates of fuel allowance pay-able and the season duration are under activereview currently in my Department, particularlyin view of the significant recent increases indomestic heating fuel prices. However, anychange to the scheme would have very significantongoing cost implications and would have to beconsidered in the context of the budget, and inthe light of the resources available to me forimprovements in social welfare generally.

Childhood Development Initiative.

539. Mr. O’Connor asked the Minister forSocial and Family Affairs the action which is pro-posed in respect of the Childhood DevelopmentInitiative ten year strategy; if he will detail theresources to be made available; and if he willmake a statement on the matter. [29250/05]

Minister for Social and Family Affairs (Mr.Brennan): I welcome the launch of the Tallaghtwest childhood development initiative, to whichthe Deputy refers. The initiative aims to improvesignificantly the lives of disadvantaged childrenliving in Tallaght west, who are amongst our mostvulnerable citizens.

The Deputy will be aware that the initiative fol-lows on from a study published last year entitled‘How are our Kids?’, based on a sample of 187children drawn from 79 households in TallaghtWest. The study found that families and childrenin the area are at a much higher risk of povertythan the national average and that this is due toa combination of factors including: levels ofunemployment more than twice the nationalaverage; a high proportion of children leavingschool early; and almost one in three of house-holds headed by a lone parent. In addition, thearea has a much greater proportion of personsunder the age of 25 than the national average.

The childhood development initiative containsproposals across a range of policy areas includinghealth, safety, education and child care. Theseproposals are designed to tackle the disadvan-tages experienced by young persons in the areaand to increase their sense of communitybelonging.

I met Dr. Katherine Zappone, project leaderfor the initiative, during her development of theplan and expressed my support for policies whichwould improve the lives of children living in west

Tallaght. Persons living in such areas can experi-ence multiple forms of disadvantage, whose resol-ution requires co-ordinated and joined-up activityacross all areas of Government, together with co-operation from the local community.

My Department is one of many public organis-ations providing services on the ground to per-sons in the Tallaght west area, designed to helpunemployed persons to get into the work forceand to provide income and other supports tothose who are not in a position to work. Inaddition, the office for social inclusion, located inmy Department, has responsibility for monitoringimplementation of the national action againstpoverty and social exclusion. Eliminating childpoverty is one of the key aims of the plan whichcontains a number of targets, across several policyareas, designed to break the cycle of disadvantageand exclusion experienced by certain children insociety. Ending child poverty is also one of thespecial initiatives in the Sustaining Progress socialpartnership agreement.

My Department is currently considering withother Departments and agencies how best torespond to the opportunity presented by thechildhood development initiative, including howto make the most efficient use of the significantresources which are currently targeted at thearea. It will be important in this regard to ensuresynergy with the work of other co-ordinatingmechanisms already operating in the community.I am confident that, by taking a Government-wide approach to this issue, and by workingclosely with the local community, we can delivercomprehensive and innovative policy responseswhich will make a major contribution to ensuringthat vulnerable families and their children have afair share of life chances and quality of life.


540. Mr. Wall asked the Minister for Social andFamily Affairs the expected timescale between anapplication for unemployment assistance, unem-ployment benefit, disability benefit, disabilityallowance, invalidity benefit or invalidity allow-ances; and the date of payment of same; and if hewill make a statement on the matter. [29253/05]

Minister for Social and Family Affairs (Mr.Brennan): My Department is committed to pro-viding quality customer service to all itscustomers. This includes ensuring that appli-cations are processed and that decisions onentitlement are issued as expeditiously as possiblehaving regard to the eligibility conditions whichapply. These conditions vary from scheme toscheme and may include establishment of thecustomer’s social insurance record, the provisionof medical certificates of incapacity, verificationof a customer’s identity, satisfying residency con-ditions and an assessment of means where appro-


priate. In some cases there is an unavoidable timelag involved in making the necessary inquiries toenable decisions to be made. Time can also elapsethrough delays caused by applicants not supply-ing all the necessary information in support oftheir claim.

On average, the current length of time taken toaward claims for disability benefit is one week.Claims for unemployment benefit take from twoto three weeks and unemployment assistancerange from three to four weeks. Claims for inval-idity pension take an average of nine to ten weeksto process and cases where the conditions ofentitlement are more complex, such as in dis-ability allowance, currently require between 13and 14 weeks on average to finalise. Once a claimis decided, payment is normally made within oneweek, with arrears backdated to the applicationdate of the claim.

Improving customer service is a priority on myDepartment’s agenda. The over-riding consider-ation in processing claims is to ensure thatcustomers receive their correct entitlement anddecisions are not taken until all appropriate infor-mation is received. Customers who are in needof financial support while their claims are beingprocessed can obtain supplementary welfareallowance during this period from local com-munity welfare officers.

Departmental Staff.

541. Mr. P. McGrath asked the Minister forSocial and Family Affairs the rates of overtimeor additional allowances payable to staff whowork in his Department’s press office in respectof persons being on-call and their additionalattendance at work before or after normal hours;and if he will make a statement on the matter.[29297/05]

542. Mr. P. McGrath asked the Minister forSocial and Family Affairs the amounts of ex-gratia payments made to staff in his Departmentspress office in respect of persons being on calland their additional attendance at work before orafter normal hours; and if he will make a state-ment on the matter. [29312/05]

Minister for Social and Family Affairs (Mr.Brennan): I propose to take Questions Nos. 541and 542 together.

There are no special on-call allowances or ex-gratia payments paid to staff working in myDepartment’s press office. The staff in questionare paid at standard Civil Service rates appro-priate to their grade. In instances whereadditional attendance, outside normal officehours, is required staff may be paid overtime inaccordance with standard Civil Service regu-lations. On occasions where attendance at acentre other than the press office is required,

travel and subsistence allowances may also bepaid, if appropriate.

The standard arrangements in respect of extraattendance for the grades in question are as fol-lows: for staff up to executive officer level the fol-lowing rates apply: first three hours — rate plusone-quarter or time off in lieu at flat rate; nextfive hours — rate plus one-half or time off in lieuat flat rate; and thereafter — double rate or timeoff in lieu at flat rate.

For staff at higher executive officer level thefollowing rates apply: first hour — no payment ortime off in lieu; next two hours — rate plus one-quarter or time off in lieu at flat rate; next fivehours — rate plus one-half or time off in lieu atflat rate; and thereafter — double rate or time offin lieu at flat rate.

543. Mr. P. McGrath asked the Minister forSocial and Family Affairs the amount of com-pensatory leave granted or due to be granted tostaff in his Department; the individuals to whomthey were granted in respect of additional attend-ance at work before or after normal hours ofattendance; and if he will make a statement onthe matter. [29327/05]

Minister for Social and Family Affairs (Mr.Brennan): It is assumed the question refers to thepractice of allowing time off in lieu, TOIL, ofpaid overtime for staff on certain occasions wherestaff are in attendance beyond normal hours.

In my Department, compensatory leave may begranted, in the form of time off in lieu of paymentfor extra attendance outside normal hours forstaff up to and including the grade of higherexecutive officer-administrative officer. Any suchagreement is generally agreed in advance of theextra attendance performed and has to haveregard to the work demands of the relevantsections within the Department.

The granting and control of compensatoryleave in lieu of overtime worked is generally amatter for local management. Figures are notcompiled in such a manner as to facilitate cen-tral reporting.

544. Mr. P. McGrath asked the Minister forSocial and Family Affairs if the personnel files ofstaff in his Department have been copied or givento external parties; if so, the safeguards whichhave been put in place to ensure that no personaldata of any member of staff in his Departmentwill be released to third parties; and if he willmake a statement on the matter. [29342/05]

Minister for Social and Family Affairs (Mr.Brennan): The holding and use of personal infor-mation is governed by the Data Protection Act1988 and the Data Protection (Amendment) Act2003. On entering the Department, all staffmembers sign up to the terms of these Acts and


[Mr. Brennan.]

staff with particular access to personnel files arebriefed on the confidentiality of the nature oftheir work.

All personnel files in my Department are safelyand securely maintained in the personnel unit.Personnel staff are aware of the requirement notto divulge any personal information from thesefiles to any external party without express instruc-tions to do so from the personnel officer or fromthe individual staff member involved.

In considering matters relating to sick leave, anemployee’s personal sick leave details may bepassed to the Office of the Chief Medical Officerfor the Civil Service for advice in the normalcourse of events.

545. Mr. P. McGrath asked the Minister forSocial and Family Affairs the number of staff inhis Department to whom leave of absence, or anyother absence from normal duties or place ofwork, in excess of two months was granted foreducational purposes in any year since 2002; thenature of the educational course undertaken ineach case; if there are terms or conditions relatingto academic achievement attached to the grantingof such leave; if personnel who were granted suchleave failed to complete their courses; and if hewill make a statement on the matter. [29357/05]

Minister for Social and Family Affairs (Mr.Brennan): Under the career break scheme forCivil Servants, a total of ten staff in my Depart-ment have availed of unpaid leave to pursue acourse of study in their own time since 2002, asfollows: 2002, one; 2003, one; 2004, three; and2005, five.

A career break can be taken for a number ofreasons, one of which is educational, and thereare no terms or conditions relating to academicachievement pertaining to it. A career break canbe taken for a minimum of six months and up toa maximum of five years duration.

In addition, a Civil Service wide confined com-petition for the selection of candidates at higherexecutive officer-administrative officer level toavail of leave of absence to participate in a Mas-ter’s programme in public policy analysis was re-initiated in 2003.

The programme is a two year full time prog-ramme which is delivered by the Institute ofPublic Administration in association with theFaculty of Commerce, UCD. It involves academicstudy and the completion of a major evaluationproject under supervision.

Candidates who are allocated a place on theprogramme are paid at the level of assistant prin-cipal and, upon successful completion of theprogramme, they are offered promotion to assist-ant principal and will generally undertake workin public policy analysis.

With effect from 2005, there is also provisionfor the selection of existing assistant principalofficers or equivalent grades to participate in the

programme. Again, upon successful completionof the programme, they will generally be assignedto work in public policy analysis.

Since 2003, the number of staff in my Depart-ment who have availed of leave of absence underthe above programme is as follows; 2003, one;2004, two; and 2005, three. The staff member inmy Department who has so far completed theMaster’s programme has done so successfully.


546. Mr. P. McGrath asked the Minister forSocial and Family Affairs the amount spent byhis Department on briefcases; the amountrefunded to staff in his Department in respect ofpurchases of briefcases; the number of staff whohave received briefcases; the number of staff whohave received refunds for briefcases they pur-chased; the largest single amount paid orrefunded in respect of one briefcase; and if he willmake a statement on the matter. [29402/05]

Minister for Social and Family Affairs (Mr.Brennan): A total of \6,413 has been spent by myDepartment on briefcases since June 2002. All ofthese briefcases have been purchased in bulk andheld in my Department’s central store fromwhere they are issued to staff as required. Thebriefcases have been issued to staff as follows:2002, 111; 2003, 126; 2004, 92; and 2005, 88.

The largest single amount paid by my Depart-ment for a briefcase is \21.78. No member of staffhas received a refund in respect of a briefcasepurchased.

547. Mr. P. McGrath asked the Minister forSocial and Family Affairs the number of personaldigital assistants provided to staff in his Depart-ment; the cost of same; the cost of the mostexpensive personal digital assistant purchased todate; the grades to which these devices are issued;if personal digital assistants are issued as a matterof course or are subject to preparation of a busi-ness case which is subsequently scrutinised; if so,by whom the final decision on allocation of per-sonal digital assistants is made; and if he willmake a statement on the matter. [29417/05]

Minister for Social and Family Affairs (Mr.Brennan): Personal digital assistants, PDAs, arenot generally supplied to staff in my Department.A small number of PDAs have been purchasedfor research purposes by the information systemsdivision in my Department, the most expensiveof which cost \660.

The Department’s e-mail system has been inplace for some time and does not provide theintegration facilities required to use PDAs effec-tively. General issue of these devices is thereforenot considered to be appropriate.

Departmental Staff.

548. Mr. P. McGrath asked the Minister for


Social and Family Affairs the number of staff ineach general service and Department grade in hisDepartment who have been exempt for a periodin excess of six months from attending meetings,dealing with correspondence, dealing with tele-phone queries, home or foreign travel, using com-puters or other duties by virtue of a medical cer-tificate; if such long-term exemptions fromnormal duties are fair to other staff who mustpick up the extra work; if they provide the tax-payer with good value for money; if such exemp-tions or certificates have been reviewed by thechief medical officer; and if he will make a state-ment on the matter. [29432/05]

Minister for Social and Family Affairs (Mr.Brennan): The following is a breakdown of staffin each grade in my Department who are cur-rently on sick leave in excess of six months:

Grade Number of Staff

Services Officer 1

Clerical Officer 34

Staff Officer 3

Executive Officer 6

Higher Executive Officer 6

Assistant Principal 1

Principal Officer 1

Total 52

My Department has identified the issue ofaddressing and minimising absenteeism as one ofthe priorities within its human resources strategy.This is of vital importance in ensuring that theDepartment provides a high quality service to itscustomers. My Department has developed,through its partnership process and consultationwith unions and staff associations, a comprehen-sive attendance management policy, aimed ataddressing the issues arising in the context ofsickness absence in an effective and balanced

Year Amount

2000 Attendance at conferences and events IEP 2,651

Membership subscription IEP 21,447

Review of IS Division IEP 243,998

Review of Application Integration Strategies IEP 8,470

2001 Attendance at Conferences IEP 307.48

Membership subscription IEP 48,000

2002 Attendance at Conferences EUR 5,409

Membership subscriptions EUR 122,452

2003 Attendance at Conferences EUR 387

Membership subscriptions EUR 127,050

2004 Membership subscriptions EUR 55,054

IS Strategy Review EUR 80,877

2005 Membership subscriptions EUR 129,167

manner. The policy was circulated to all membersof staff in June 2005.

As a general rule, the cases of employees whohave been on sick leave for approximately six toeight weeks are referred to the Office of theChief Medical Officer for the Civil Service, CMO,for review. The CMO plays a crucial role in advis-ing the Department on employees’ fitness forwork from a medical perspective. In thesesituations, the employee is required to provide adetailed medical report for the CMO. In certaincircumstances, the CMO may request the staffmember to attend for medical examination.

Long-term absences can increase the work-loads of staff who have to provide cover forabsent colleagues, particularly in areas that areworking under considerable pressure. Under theattendance management policy, my Departmentis committed to dealing with such absences in asupportive manner and facilitating the return towork of employees as soon as possible, subject tomedical approval. If necessary, a staff membermay return to work, initially for a short period,on a reduced attendance basis. Generally, this isafter a long-term absence and usually on theadvice of the CMO. It must be recognised,however, as emphasised in the policy, that peoplewho are ill should not be at work.


549. Mr. Gilmore asked the Minister for Socialand Family Affairs the amount paid to a con-sultancy company (details supplied) in respect ofeach year since 2000; the details of each of thecontracts and services provided; the nature of thecontrols applied in the procurement process orprocesses; if he has satisfied himself that value formoney has been achieved in each case; and if hewill make a statement on the matter. [29455/05]

Minister for Social and Family Affairs (Mr.Brennan): The amounts paid to the company ineach year since 2000 are as follows:


[Mr. Brennan.]

In addition, payments were made in respect ofReach, financed by the Information SocietyFund, as follows: 2000, \7,742; 2001, \29,043;2002, \43,174; 2003, \39,322; 2004, \18,876; and2005, \22,152.

The company is internationally recognised asone that provides vendor-independent detailedICT industry expertise. It provides industryanalysis and access to its analysts through anumber of membership services. It has clients inevery industry sector and is ideally placed toprovide examples of international good practice.

General membership services provide myDepartment’s information systems managers withaccess to independent reports and research pap-ers on various aspects of new technologies andarchitectures. Executive Program membershipfurther allows senior IT management in myDepartment to benefit from regular access to adesignated highly qualified local consultant,unlimited access to analysts worldwide and spec-ific guidance on enterprise level industry bestpractice as well as access to a network of seniorIT organizations.

Membership is through subscription servicesfor which the normal public procurement tenderprocess is not applicable. My Department hasenrolled for membership at various levels overthe years and the quality of the non-vendor spec-ific material and data available has met its expec-tations. Given the scale and complexity of theDepartment’s ICT, the budgets involved, and thelong-term implications of decisions taken, it con-siders that this access to quality independentadvice represents good value for money.

My Department has also engaged the companyon a small number of projects over the years.Information systems division organisationalreview: My Department engaged the company tocarry out a resource review of its IS division in2000 and to benchmark against similar organis-ations. The company was chosen as a result of apublic procurement process, for which eight com-panies submitted tenders. I am satisfied that value

Year Amount (Euro) Project(s)

2000 109,601 (1) Service Delivery Modernisation Prototype(2) IT Management support

2001 4,356,272 (1) Civil Registration Modernisation(2) Reach(3) IS Services management support

2002 2,173,564 (1) Civil Registration Modernisation(2) IS Services management support

2003 80,542 (1) IS Services management support

2004 18,150 (1) Reach

2005 nil

Service delivery modernisation prototype: InOctober 1999, the Department held a competitivetendering exercise in which it invited proposals to

for money was achieved because the report deliv-ered on the requirements and expectations.Aspects of it have been implemented and it con-tinues to inform ISD organisational policies.

Information systems strategy: In 2004, the com-pany was engaged to review and validate theinformation systems strategy, prepared by theDepartment’s management team. The contractwas placed in accordance with guidelines for sin-gle tender procurement. The review representedvalue for money because it confirmed the validityof the Department’s approach to its future ISstrategy, as well as highlighting gaps andinforming the resolution of its strategic approach.

Review of application integration architecturestrategies: The company was asked to carry outan independent validation of the business caseand the approaches to improving the quality ofdata interfaces between different types of com-puter applications, current and future. It was theonly company requested to tender for this workbecause of the nature and relatively small size ofthe contract. It was chosen for its expertise in theresearch and analysis of emerging trends in thesoftware market, including integration betweencurrent and future application platforms. Valuefor money was achieved because the review con-firmed the business case and the range ofapproaches that needed to be considered forfuture developments, including integration ofexisting applications with the emerging servicedelivery modernisation programme.

550. Mr. Gilmore asked the Minister for Socialand Family Affairs the amount paid to a con-sultancy company (details supplied) in respect ofeach year since 2000; the details of each of thecontracts and services provided; the nature of thecontrols applied in the procurement process orprocesses; if he has satisfied himself that value formoney has been achieved in each case; and if hewill make a statement on the matter. [29470/05]

Minister for Social and Family Affairs (Mr.Brennan): Details of my Department’s contractswith the company concerned since 2000 are asfollows:

prove the technical feasibility of building appli-cations using a business object model approach.A flat fee of IEP £50,000, \63,500, plus VAT was


offered for each prototype. Following an eval-uation process, three companies-consortiumswere selected to develop suitable prototypes, oneof which was led by the company in question. Theprototypes were successfully delivered in the firsthalf of 2000 and payment was made on 7 July2000. Procurement was carried out in strict adher-ence to all relevant procurement legislation andresulting contracts were drawn up on a fixed pricebasis. I am satisfied that value for money hasbeen achieved in this case.

Information systems services management sup-port: This contract was for programme, projectand change management support. The procure-ment was carried out in accordance with nationaland EU procurement guidelines. The recom-mendation of the Department’s evaluation groupwas submitted to and approved by the Govern-ment Contracts Committee.

My Department’s IS services area underwent asuccessful major reorganisation in that period andthe consultancy support received played a signifi-cant role in that process. A major review of theDepartment’s ICT infrastructure, to meet emerg-ing needs and avail of new technologies, was car-ried out also and is currently being implemented.The advice received by my Department underthis contract is considered to have delivered sig-nificant value for money.

Civil registration modernisation programme:The civil registration modernisation programmewas a joint programme of work between myDepartment and the Department of Health andChildren, which implemented a modern civilregistration service and provided a building blockfor the integration of related public services. Theprogramme was overseen by a steering commit-tee, drawn from a number of Departments andagencies.

The public procurement exercise was carriedout in accordance with EU and national procure-ment guidelines. The contract was awarded from1 March 2001. The Department of Health andChildren, as the owner of the implementedsystem, has been responsible for payments madesince 2003.

The civil registration modernisation prog-ramme and the consequent integration with theprocessing of child benefit claims has been recog-nised internationally as one of the finest examplesof best practice in public administration in recentyears. I am satisfied that the modernisation prog-ramme has resulted in the provision of a greatlyenhanced service to the public, delivered on thewider e-Government agenda and representsexcellent value for money.

Reach: Payments to the company were madein respect of a technical architect, for advice onthe design approach to the project and in respectof a contracted amount, \15, 000 plus VAT, paidto a number of companies, including the companynamed, in respect of some of the overhead costs

of preparing ‘prototypes’ as part of the materialto be submitted with their tender to build thepublic services broker.

The procurements were carried out in accord-ance with EU and national guidelines and myDepartment is satisfied that the deliverables metexpectations in all respects.

Question No. 551 withdrawn.

Road Network.

552. Mr. Sargent asked the Minister for Trans-port if his attention has been drawn to the factthat the profit generated by National Toll Roadsfor operating the East Link and West Link facili-ties rose by 24% to \26.1 million for the first halfof 2005. [29552/05]

Minister for Transport (Mr. Cullen): I amaware of the 2005 interim results published inSeptember by NTR plc. Those interim resultsindicate that the figure of \26.1 million quotedby the Deputy is the amount of group revenueattributable to roads of a total group revenue of\169 million for the first half of 2005. Groupoperating profit based on this revenue is declaredat \12.4 million. This profit figure is not brokendown by sector and includes profits from otherbusiness areas.

The tolling of the West Link bridge and agree-ments relating thereto are matters for theNational Roads Authority, NRA, and the tolloperator, National Toll Roads, NTR. Issues relat-ing to the operation of the East Link bridge arematters for Dublin City Council and NTR.

Revenues accruing to NTR from the operationof the West Link bridge and the rate of return onthe operator’s investment are a function, interalia, of the volume of traffic using the bridge andthe operating costs of the concession. Traffic vol-umes have changed substantially since the agree-ment was concluded and the bridge opened totraffic. Traffic volumes and growth were substan-tially lower, both when the agreement was con-cluded and up to the mid-1990s, to what has tran-spired since the mid-1990s. The NRA is currentlyin negotiations with NTR regarding the upgradeof the West Link, including a move to barrier freetolling, as part of the overall plans to reduce con-gestion on the M50 through the upgrade of thefull M50.

Road Traffic Offences.

553. Ms O. Mitchell asked the Minister forTransport when he will extend the penalty pointssystem to all of the offences provided for in theAct. [28615/05]

Minister for Transport (Mr. Cullen): Theextension of the penalty points and related fixed


[Mr. Cullen.]

charges systems to additional road traffic offenceswill be progressively implemented once theappropriate Garda Sıochana IT processing systemis fully operational and related administrativesupports are in place. At that point, I will makethe necessary statutory instruments.

The delivery of the IT system and administra-tive supports are matters for the Garda Sıochanaand the Department of Justice, Equality and LawReform respectively and my officials are workingclosely with their counterparts in those agenciesin a combined effort to expedite matters.

Rail Network.

554. Ms C. Murphy asked the Minister forTransport when the doubling of the Kilcock trainline will occur in view of the significant popu-lation growth that is anticipated will take place inboth the Kildare and Meath sides of Kilcock.[28752/05]

Minister for Transport (Mr. Cullen): The railline to Maynooth was recently double tracked toenable the operation of a higher level of fre-quency along the line to service demand in thenorth Kildare and Fingal county areas. Sincecompleting this network enhancement a numberof new services have been added to the timetablefrom Maynooth and from Longford serving thetown of Kilcock.

I have been informed by Irish Rail that withthe introduction of the new timetable inDecember it will be increasing service frequencyon the Maynooth line in the morning and eveningpeaks. This will be another service enhancementfor customers in the Kildare area.

Service levels can and will continue to beincreased, west of Maynooth, without doubletracking the line. As population grows anddemand changes, further consideration will begiven to extending the double track section westof Maynooth but the priority for the short termwill be on increasing service frequencies betweenMaynooth and the city centre where demand isgreatest.

Public Transport.

555. Ms C. Murphy asked the Minister forTransport the number of buses his Departmentestimates is required to make-up an effective busfleet to service the greater Dublin area; when theexisting fleet was last increased through the intro-duction of new buses to Dublin Bus or newlicences to private operators; the extent of thisincrease; if there are future plans to increaseDublin’s bus fleet; and if he will make a statementon the matter. [28753/05]

Minister for Transport (Mr. Cullen): There arecurrently 1,062 buses in the Dublin Bus fleet. Thecapacity of the fleet has increased by more than25% at peak time under the NDP through thereplacement of mini and single deck buses withhigher capacity double deck buses.

Dublin Bus has purchased 497 new buses underthe NDP, of which 93 are additional and 404 arereplacement buses. The company has plans forfurther purchases this year.

In addition to the Dublin Bus services, myDepartment has issued in recent years 18 annualpassenger licences to private bus operators forcommercial services in the Dublin area.

Dublin Bus is currently carrying out a review ofthe bus network in Dublin and future bus needs.I consider this appropriate given the significantchanges in the greater Dublin area since 1999when the NDP was drawn up. Such changesinclude increases in rail capacity arising from theintroduction of the Luas, expanded commuterservices, the DART upgrade and ongoing demo-graphic changes. The company is, in the firstinstance, assessing how to maximise the utilis-ation of its existing bus fleet. The company hasinformed me that it expects the bus networkreview to be completed early next year.

Road Safety.

556. Mr. Naughten asked the Minister forTransport the reason for the delay in issuingdesign specifications for the signage and civilworks relating to the application of special speedlimits; the date these specifications will be issued;and if he will make a statement on the matter.[29023/05]

Minister for Transport (Mr. Cullen): InJanuary 2005 I made regulations, the RoadTraffic (Speed Limit-Traffic Signs) Regulations2005, SI No. 10 of 2005, prescribing the regulatorytraffic signs displaying metric units of measure-ment, km/h, that the road authorities mustprovide on public roads to indicate the speedlimit in force. The range of traffic signs can bedeployed to indicate that a default speed limit, aspecial speed limit or a road works speed limit isin force.

While proposals for new formats of traffic signsare examined from time to time in my Depart-ment, the traffic sign regulations that I made inJanuary of this year and the range of sign optionsalready available under those regulations areadequate to support the implementation of anyspecial speed limit options. The actual provisionand installation of traffic signs on public roads isa matter for each road authority and advice is setout in the traffic signs manual in this regard. Acopy of the manual is available in theOireachtas Library.


Departmental Properties.

557. Mr. P. Breen asked the Minister for Trans-port if Castlemoate House near Dublin Airportwas acquired by his Department by compulsoryacquisition; if so, the reason for such compulsoryacquisition and the date of same; and if he willmake a statement on the matter. [29033/05]

Minister for Transport (Mr. Cullen): Landswhich included Castlemoate House wereacquired in 1975 by the then Minister under theAir Navigation and Transport (CompulsoryAcquisition of Land) Order 1974 to cater for thefuture development of Dublin Airport.

Under section 14 of the Air Navigation andTransport (Amendment) Act 1998, lands andproperty at Dublin Airport, including Castle-moate House, which had been vested in the Mini-ster, were vested in the former Aer Rianta andresponsibility for same now rests with the DublinAirport Authority.


558. Mr. P. Breen asked the Minister for Trans-port the cost to date of the consultancy servicesprovided by a company (details supplied) inrespect of the report on public safety zones at theState airports; and if he will make a statement onthe matter. [29034/05]

Minister for Transport (Mr. Cullen): Environ-mental Resources Management was engagedjointly in January 2001 by the then Departmentof Public Enterprise and the Department of theEnvironment, Heritage and Local Government toprovide advice on public safety zones at Dublin,Cork and Shannon airports. ERM reported inSeptember 2003, and the Government, at itsmeeting on 19 January 2005, approved the draw-ing up of guidelines by the Minister for the Envir-onment, Heritage and Local Government to beissued to local authorities regarding public safetyzones at the three State airports. The Departmentof the Environment, Heritage and Local Govern-ment is currently preparing the guidelines. Thetotal cost of the consultancy was \421,000.

State Airports.

559. Mr. P. Breen asked the Minister for Trans-port if ICAO standards exist in relation to run-way end safety areas; if so, if he will outline suchstandards; if such standards have been applied atall of the runway ends at each of the State air-ports; and if he will make a statement on thematter. [29035/05]

Minister for Transport (Mr. Cullen): Annex 14to the Chicago Convention specifies standardsand recommended practices in respect of runwayend safety areas. The Irish Aviation Authority

licenses airports in the State and is responsiblefor regulation of the application of InternationalCivil Aviation Organisation requirements.

I am advised by the authority that such areasare provided in respect of the runways at theState airports and I would recommend that theDeputy refers to the authority for the technicaldetails of the annex requirements and thedetailed implementation status of these areas tothe runways at the above airports.

Driving Tests.

560. Mr. Hayes asked the Minister for Trans-port the reason no automatic receipt of paymentis generated to an e-mail account or made avail-able to download when a candidate applies on-line to undertake a driving test; the further reasonan application, though made via the Internet, hasto be manually downloaded and manuallyinputted into another system to generate a refer-ence number for a candidate. [29038/05]

Minister for Transport (Mr. Cullen): Whenapplicants complete their payment transactionon-line they are presented with a screen entitled“Transaction Status”. This screen informs theapplicant if their payment has been successfullyprocessed. It represents confirmation of receiptof their application and payment. Applicants areadvised to record both the Bank of Ireland auth-orisation code and the driving test transactioncode.

The further development of Internet basedfacilities for driver testing is desirable and will beconsidered in the context of the overall ITrequirements of the new Road Safety Authoritywhich is currently being established.

561. Mr. Ring asked the Minister for Transportthe number of tenders received prior to the clos-ing date of 5 September 2005 in relation to thecontract to conduct driving tests advertised on hisDepartment’s website; the estimated timeframefor the review of the tenders received and theawarding of the contract; and if he will make astatement on the matter. [29039/05]

Minister for Transport (Mr. Cullen): Four ten-ders were received, of which two were valid inaccordance with the requirements set out in therequest for tenders document. These tendershave been evaluated and a preferred tender hasbeen selected. However, the use of outsourcingas part of a package of measures to clear thebacklog of driving test applications is being dis-puted by the staff associations, who have askedthat the matter be referred to conciliation underthe terms of Sustaining Progress. A conciliationhearing at the Labour Relations Commission isscheduled for 21 October 2005.


562. Mr. Ring asked the Minister for Transportthe number of applications which were receivedup to the closing date of 13 October 2005 inrelation to the recent advertisement for contractdriver testers through the Public AppointmentsService; if there will be two different criteria inrelation to the training of driver testers betweennew applicants and existing Department staff; ifapplicants need specific qualifications or trainingto apply; the proposed remuneration rate of thecontract driver testers; and if he will make a state-ment on the matter. [29040/05]

Minister for Transport (Mr. Cullen): The com-petition in question is being managed by thePublic Appointments Service and I consider thatit would be inappropriate for me to give anydetails in relation to it at this stage. Both currentand future appointees to the post of driver testerwill be trained to the same basic standard.

Information on qualifications or trainingrequired for the post, and remuneration rates, isavailable in the information relating to the com-petition, which is available on the PublicAppointments Service website, www.pub-licjobs.ie.

Light Rail Project.

563. Mr. Crowe asked the Minister for Trans-port the reason for the delay of the proposedextension to the Luas line to Cherrywood insouth County Dublin from Sandyford; and thename and role of the construction company iden-tified by the Railway Procurement Agency as thecause for the delay. [29041/05]

Minister for Transport (Mr. Cullen): The ques-tions posed by the Deputy are matters for theRailway Procurement Agency, RPA. I have con-tacted the RPA and asked it to respond directlyto the Deputy.

Air Services.

564. Mr. P. Breen asked the Minister for Trans-port , further to Parliamentary Questions Nos.366 and 381 of 4 October 2005, if he will list theadditional opportunities for Shannon Airportarising from an EU-US open skies regime in thecontext of the conclusion that the regime willpresent some difficulties for Shannon unlessactive and forceful supporting activities areundertaken (details supplied). [29042/05]

Minister for Transport (Mr. Cullen): As Istated in my earlier reply, to which the Deputyrefers, the restructuring of the State Airports,including Shannon, is intended to enhance theirregional focus and I am encouraged by the closeco-operation between the new Shannon Airport

Authority and the other regional developmentbodies in the area.

There is work under way in my Department ona ten year transport investment framework whichwill address the future infrastructural require-ments of the mid-west region. As the Deputy willalso be aware, the restructuring of the State Air-ports, including Shannon, will be progressed inthe light of the assessment in due course, by bothmyself and the Minister for Finance, of the busi-ness plans which are currently under preparationby the three airport authorities.

As I have stated in previous replies, thedevelopment of an EU-US open skies regimeprovides many opportunities for Shannon Air-port to contribute to the development of the mid-west. The liberalisation of the aviation marketbetween the EU and US will mean more, notfewer, opportunities for Shannon to develop newroutes into North America. This is because, atpresent, Irish airlines are restricted to only fivecities in the US for normal scheduled services.However, the advent of open skies would meanthat Irish or European airlines can fly into anyairport in the US. The opening up of US airportsto services from Ireland, for example, provides anopportunity for the development of Shannon as ahub for passengers or cargo coming from easternEurope going onwards to the US. It is clearly amatter for Shannon airport to pursue these kindsof opportunities. However, without open skies,these opportunities simply will not exist.

There is clearly pent up demand for servicebetween Ireland and the US. Aer Lingus, forexample, has been approached by several airportsin the US with a view to beginning services. Itwill be a matter for Shannon airport to competeand to lobby Irish, European and US airlines totake advantage of this potentially huge increasein new services. This is the central thrust behindthe Government’s policy of making the State air-ports independent of each other so that they cancompete with each other and therefore collec-tively provide the best and most optimal level ofservices for Ireland.

The report the Deputy refers to concludes thatan EU-US open skies agreement will be ben-eficial for Ireland, and that Irish business, tourismand aviation will all get a boost. The report isclear that Shannon will maintain links to the USbut that it must improve its links to Dublin andEurope as a way of underpinning its US services.In that context, I am encouraged by the recentnew services that are starting up from Shannoninto Europe and the UK. The report mentionsimproving transport links around the west ofIreland, and this is being addressed in the tenyear infrastructural plan that is being prepared.

I assure the Deputy that it has been the consist-ent policy of this Government that any change intransatlantic arrangements will be accompaniedby an appropriate transitional arrangement to


enable a smooth phasing in of open skies with theUS in the future.

Road Network.

565. Mr. P. McGrath asked the Minister forTransport the date agreed for him officially toopen the new N4 toll road from Kilcock toKinnegad. [29176/05]

Minister for Transport (Mr. Cullen): The dateagreed for me to open the N4 Kilcock toKinnegad scheme is 12 December 2005.


566. Mr. M. Higgins asked the Minister forTransport when provincial-based civil servantswho have applied for transfer to the proposedDepartment of Transport offices in Loughrea,County Galway, will receive an offer for transfer;if provincial-based civil and public service staffwill have to relocate and transfer to Dublin fortraining prior to the move to Loughrea; if provin-cial-based civil and public service staff willreceive expenses for travelling and living inDublin during the training period; and, in view ofthe potential disruption for provincial-based staffseeking to transfer to the decentralised road haul-age section, he will consider an interim office inCounty Galway pending the construction of thenew Government offices in Loughrea.[29178/05]

Minister for Transport (Mr. Cullen): I refer theDeputy to my previous replies to Questions No.367 on 4 October 2005 and Question No. 261 on5 October 2005.

Under the decentralisation programme, 50transport posts are due to transfer to Loughrea.Those comprise posts in my Department and inthe National Safety Council. Many of those postswill now be in the Road Safety Authority, andrevised implementation plans are now being pre-pared on that basis. Nevertheless, my Depart-ment hopes to issue letters of transfer offersshortly.

A suitable site has been identified, and theOffice of Public Works is currently in discussionswith the county council regarding the prep-arations necessary for lodging an application toobtain planning permission for the site.

I expect to receive shortly from the OPW arevised time scale for the commencement andcompletion of construction works. My Depart-ment will review the options for the decentralis-ation to Loughrea, including the possibility oftemporary accommodation, on receipt of therevised OPW plan.

The issue of training and living expenses is cur-rently being discussed by the Department of Fin-ance and the staff representative bodies. My

Department will formalise training proposals forsuch staff once the training and living expensesagreement has been received from the Depart-ment of Finance.

Legislative Programme.

567. Ms Shortall asked the Minister for Trans-port the sections of the Road Traffic Act 2004that are not yet commenced. [29179/05]

Minister for Transport (Mr. Cullen): Part 5 ofthe Road Traffic Act 2004 has not been com-menced. Its provisions were included in the Actto deal with the possibility that the currentunlimited liability for third party motor insurancecover could prove unsustainable in the market, asituation that has not arisen to date.

All other provisions in this Act have beencommenced.

Driving Tests.

568. Mr. Deasy asked the Minister for Trans-port the average weekly number of driving testsconducted by each driving tester at each testcentre in the years 2002, 2003, 2004 and to datein 2005. [29181/05]

569. Mr. Deasy asked the Minister for Trans-port the average number of driver testersemployed at each test centre in the years 2002 to2004, inclusive, and the number of testersemployed at each test centre on 30 September2005. [29182/05]

570. Mr. Deasy asked the Minister for Trans-port the average weekly number of driving testapplications received at each test centre in theyears 2002, 2003, 2004 and to date in 2005.[29183/05]

571. Mr. Deasy asked the Minister for Trans-port the waiting time, from the date of appli-cation to date of testing, on 30 September 2005at each test centre; and if he will provide theequivalent information for the same date in 2002,2003 and 2004. [29184/05]

Minister for Transport (Mr. Cullen): I proposeto take Questions Nos. 568 to 571, inclusive,together.

The information sought by the Deputy is notreadily available in the format requested for theperiods in question. The information is beingcompiled and will be sent to the Deputy as soonas possible.

Regional Airports.

572. Mr. Deasy asked the Minister for Trans-port if he has received any proposals from theboard of Waterford regional airport to extend the


[Mr. Deasy.]

runway at the airport; and if, in the event of sucha proposal being received, he will include the costof the extension in his Department’s capitalbudget for 2006; and if he will make a statementon the matter. [29185/05]

Minister for Transport (Mr. Cullen): To date,my Department has received no proposals fromthe board of Waterford Airport to extend therunway at the airport. A number of safety-relatedprojects at Waterford Airport, including a run-way-end safety area, RESA, have been approvedfor funding under the regional airports measureof the southern and eastern regional operationalprogramme of the national development plan.

Road Safety.

573. Mr. Healy-Rae asked the Minister forTransport the legal height for lorries and articu-lated trucks; and if he will make a statement onthe matter. [29186/05]

Minister of State at the Department of Trans-port (Mr. Callely): The maximum height ofvehicles, including commercial vehicles, is notregulated by law in Ireland at present. However,my Department has been examining the questionof whether a statutory height limit is required.The examination included consideration of thesubmissions received from interested parties inresponse to public consultation on the subject. Iam now considering the outcome of the Depart-ment’s examination and intend to make adecision on the matter shortly.

Rural Transport Services.

574. Mr. Wall asked the Minister for Transportif he is satisfied with the results of the rural trans-port initiative operating in south Kildare; thenumber of passengers using the facility since itsinception; and if he will make a statement on thematter. [29244/05]

Minister for Transport (Mr. Cullen): The ruraltransport initiative, RTI, is a pilot programmethat provides funding up to the end of 2006 for34 rural community organisations to address thepublic transport needs of their areas through theprovision of local transport services.

Area Development Management Limited,ADM, administers the RTI on behalf of myDepartment. ADM and the individual RTI pro-ject groups are solely responsible for all oper-ational aspects of the initiative at project level.Neither my Department nor I have a role insuch matters.

While I have no specific information on southKildare, I can tell the Deputy that an overallnational appraisal of the RTI in 2004 found that

it represented good value for money. It alsofound that, under it, over 300,000 passenger tripshad been provided in 2003, with usage growingsubstantially during the course of 2004, and that16,000 rural residents were benefiting from theprogramme.

The appraisal found clear evidence of animproved quality of life for those availing of theservices in that it promotes independent living,with improvements to the well-being and healthof users.

It makes a daily difference to the lives of thou-sands of citizens who otherwise would not haveaccess to transport. Earlier this year I announcedthat, at the end of the pilot phase of the initiativein 2006, the RTI will be put on a permanent foot-ing in 2007.

Railway Stations.

575. Mr. Wall asked the Minister for Transportthe plans that Iarnrod Eireann has to extend thecar parking facilities at Athy station, Athy,County Kildare; and if he will make a statementon the matter. [29245/05]

Minister for Transport (Mr. Cullen): I under-stand that Iarnrod Eireann is currently reviewingits overall requirement for car parking through-out the rail network and that Athy is one of thelocations being addressed. However, I have notreceived any proposals regarding car parking atAthy.

Driving Tests.

576. Mr. Wall asked the Minister for Transportthe number of applicants on the waiting list fordriving tests at the Naas, Carlow and Portlaoisetest centres; and if he will make a statement onthe matter. [29246/05]

Minister for Transport (Mr. Cullen): The infor-mation requested by the Deputy is set out in thefollowing table. The information relates to 10October.

Centre Applications on hand

Naas 5,553

Carlow 2,434

Portlaoise 1,801

Road Safety.

577. Ms Shortall asked the Minister for Trans-port his views on the suggestion made by a person(details supplied) that he introduce legislation toallow for the painting of lines on the outside ofthe outside lane on dual carriageways and motor-ways to signify the breaking distance in dryweather to a car in front at the relevant speed


limit so that motorists have a visual referencepoint for breaking distances and as an effort tocurtail tailgating; and if he will make a statementon the matter. [29247/05]

Minister for Transport (Mr. Cullen): It is theresponsibility of all motorists in all circumstancesand on all road types, including dual carriagewaysand motorways, to drive in a manner that doesnot give rise to danger to themselves or otherroad users. That responsibility relates in part-icular to the speed at which vehicles are driven,even where the speed is less than the prevailingspeed limit.

The proposal presented in association with theDeputy’s question will be considered by myDepartment in the context of the review of thetraffic signs manual, acting on the advice of theNational Roads Authority and the Department ofthe Environment, Heritage and LocalGovernment.

Departmental Staff.

578. Mr. P. McGrath asked the Minister forTransport the rates of overtime or additionalallowances payable to staff who work in hisDepartment’s press office in respect of personsbeing on call and their additional attendance atwork before or after normal hours; and if he willmake a statement on the matter. [29298/05]

Minister for Transport (Mr. Cullen): The ratesof overtime applicable to staff in my Depart-ment’s press office are governed by Departmentof Finance circular 27/99. There are no additionalallowances payable to staff in respect of personsbeing on call and their additional attendance atwork before or after normal hours.

579. Mr. P. McGrath asked the Minister forTransport the ex gratia payments made to staff inhis Department’s press office in respect of per-sons being on call and their additional attendanceat work before or after normal hours; and if hewill make a statement on the matter. [29313/05]

Minister for Transport (Mr. Cullen): Therehave been no ex gratia payments made to staff inmy Department’s press office in respect of per-sons being on call and their additional attendanceat work before or after normal hours.

580. Mr. P. McGrath asked the Minister forTransport the amount of compensatory leavegranted or due to be granted to staff in hisDepartment; the individuals to whom they weregranted in respect of additional attendance atwork before or after normal hours of attendance;and if he will make a statement on the matter.[29328/05]

Minister for Transport (Mr. Cullen): ThisDepartment operates a flexi-time workingsystem, which allows the majority of staff to startwork from 8 a.m. and to finish up to 7 p.m.

Requirement for compensatory leave, althoughit does arise, is exceptional. On those occasions,compensatory leave is dealt with by the individualand his or her line manager. Staff also workadditional hours without compensatory leave.

Data Protection.

581. Mr. P. McGrath asked the Minister forTransport if the personnel files of staff in hisDepartment have been copied or given to exter-nal parties; if so, the safeguards which have beenput in place to ensure that no personal data onany member of staff in his Department will bereleased to third parties; and if he will make astatement on the matter. [29343/05]

Minister for Transport (Mr. Cullen): The per-sonnel files of staff in my Department have notbeen copied or given to external parties. MyDepartment complies with the Data ProtectionAct and the Freedom of Information Act regard-ing disclosure of the personal data of staffmembers.

Departmental Staff.

582. Mr. P. McGrath asked the Minister forTransport the number of staff in his Departmentto whom leave of absence, or any other absencefrom normal duties or place of work, in excess oftwo months was granted for educational purposesin any year since 2002; the nature of the edu-cational course undertaken in each case; if thereare terms or conditions relating to academicachievement attached to the granting of suchleave; if personnel who were granted such leavefailed to complete their courses; and if he willmake a statement on the matter. [29358/05]

Minister for Transport (Mr. Cullen): SinceJune 2002, when the Department of Transportwas established, three staff in my Departmenthave been granted leave of absence in excess oftwo months for educational purposes. All threewere participating on the master’s programme inpublic policy analysis, which is a two-year, full-time programme run by the Institute of PublicAdministration. One person started in 2003 andcompleted the course this year. One started in2004 and is currently in their second year and athird person started in 2005 and is currently intheir first year. The terms and conditions attachedto the granting of leave to participate on theprogramme are set out in the relevant Depart-ment of Finance circulars.


583. Mr. P. McGrath asked the Minister forTransport the number of staff who applied for arefund of course fees in respect of courses under-taken at night or evenings; the value of refundsexpected to be made by his Department in 2005;the number of staff to whom approval to attenda course was granted in the last academic year butdid not subsequently apply for the refund; and ifhe will make a statement on the matter.[29373/05]

Minister for Transport (Mr. Cullen): In the cur-rent academic year, 32 members of staff from myDepartment submitted applications for a refundof evening and weekend course fees. The valueof refunds expected to be made in 2005 isapproximately \69,000. In the last academic year,2004-05, a total of nine staff who were approvedin principle to attend evening or weekend coursesdid not subsequently apply for a refund.

Departmental Programmes.

584. Mr. P. McGrath asked the Minister forTransport the proportion of his Department’straining budget that is spent on refunds to staff inrespect of night-time or weekend study courses;the list of all courses funded by his Departmentin the past three years; and if he will make a state-ment on the matter. [29388/05]

Minister for Transport (Mr. Cullen): MyDepartment has a policy of facilitating trainingand development both during office hours andalso where evening or weekend study is required.The proportion of the financial allocation fortraining and development spent on refunds tostaff in respect of evening and weekend coursesin the most recent year amounts to approximately15%.

The table below lists the evening and weekendcourses funded in my Department in the pastthree years from 2002 to 2005.

Year Course Title

2002-03 ACCA

Applied Maths

BA (Hons.) in Finance and Accounting

BA in Counselling and Psychotherapy

BA in Humanities

BA in Personnel Management and IndustrialRelations

BA in Public Management

BA Modular Arts Degree

Bachelor of Business Studies

Barrister at Law

BSc in Information Technology

BSc in Psychology

Certificate in Supervisory Management

CIMA

Year Course Title

Diploma in Applied Irish

Diploma in Business Studies

Diploma in Communications

Diploma in Human Resource Management

Diploma in Legal Studies

Diploma in Life and Business Coaching

Diploma in Public Relations

Introduction to the Social Sciences

LLB (Hons.) in Irish Law

LLM in Commercial Law

MA in Industrial Relations and HumanResource Management

MA in Public Management

MSc In Training and Performance Management

National Certificate in Public Management

2003-04 A+ Certification — ComputerSoftware/Hardware

BA (Hons.) in Business Studies

BA (Hons.) in Accounting and Finance

BA in Industrial Relations and PersonnelManagement

BA in Languages (Modular)


BA Modular Degree

BSc in Accounting and Finance

BSc in Counselling and Psychotherapy


BSc in Management and Law

BSc in Social Psychology


CIMA

Diploma in Business Studies


Diploma in Payroll Management

Diploma in Psychology

Diploma in Public Management

ECDL

Higher Diploma in Public Administration

Higher Diploma in Public Management

IATI Accounts Technician

Introduction to Computers

Introduction to Humanities

LLB (Hons.) in Irish Law

National Diploma in Personnel Management

Taxation Technician

2004-05 Accounting Technician

Association Certified Accountants

BA in Public Administration

BA in Humanities

BA in Sociology

BA in Industrial Relations and PersonnelManagement

BA (Hons.) in Accounting and Finance


Year Course Title


BA Modular Arts Degree

Bachelor of Business Studies


BSc in Management and Law

Certificate in Health and Safety at work


Certificate in Finance

Certificate in Payroll

Certificate in Spanish Language

Degree (Hons.) in Psychology/Social Science


Diploma in Payroll Management

Diploma in Personnel Management

Diploma in Public Management

ECDL

Foundation Accounting

Foundation Irish

Higher Diploma in Public Management

MA in Public Management

MSc in Psychology (by Research)

National Diploma in Business Studies


585. Mr. P. McGrath asked the Minister forTransport the amount spent by his Departmenton briefcases; the amount refunded to staff in hisDepartment in respect of purchases of briefcases;the number of staff who have received briefcases;the number of staff who have received refundsfor briefcases they purchased; the largest singleamount paid or refunded in respect of one brief-case; and if he will make a statement on thematter. [29403/05]

Minister for Transport (Mr. Cullen): In the pastyear the Department of Transport has spentapproximately \1,780 on 23 briefcases, includingrefunds requested for use by departmental staff.Of those, 20 were acquired for use by drivertesters. The largest single amount paid for a brief-case was \225. No briefcase has ever been pur-chased by the Department for the Minister or hispolitical advisers.

586. Mr. P. McGrath asked the Minister forTransport the number of personal digital assist-ants provided to staff in his Department; the costof same; the cost of the most expensive personaldigital assistant purchased to date; the grades towhich these devices are issued; if personal digitalassistants are issued as a matter of course or aresubject to preparation of a business case which issubsequently scrutinised; if so, by whom the finaldecision on allocation of personal digital assist-ants is made; and if he will make a statement onthe matter. [29418/05]

Minister for Transport (Mr. Cullen): Staff ofmy Department are provided with personal digi-tal assistants where there is a business case to doso. There are currently 18 PDAs in the Depart-ment. Those have been issued mainly to gradesof PO and above. Decisions on the allocation ofPDAs are made at Principal Officer level orabove.

The total cost of these PDAs is approximately\7,700. The most expensive of these cost approxi-mately \1,170. That was some years ago. MyDepartment has now standardised on technologywith an average price of \220 per unit. All figuresinclude VAT.

Departmental Staff.

587. Mr. P. McGrath asked the Minister forTransport the number of staff in each generalservice and Department grade in his Departmentwho have been exempt for a period in excess ofsix months from attending meetings, dealing withcorrespondence, dealing with telephone queries,home or foreign travel, using computers or otherduties by virtue of a medical certificate; if suchlong-term exemptions from normal duties are fairto other staff who must pick up the extra work;if they provide the taxpayer with good value formoney; if such exemptions or certificates havebeen reviewed by the chief medical officer; and ifhe will make a statement on the matter.[29433/05]

Minister for Transport (Mr. Cullen): Onemember of staff is currently on restricted dutiesowing to a medical condition. That officer’s con-dition is reviewed by the chief medical officer ona quarterly basis. My Department treats eachstaff member’s health with the utmost care andunderstanding. When such cases arise, each caseis treated individually. Any individual absentowing to a prolonged certified medical absence isstill a member of the Department and is, there-fore, treated in a just and fair manner.


588. Mr. Gilmore asked the Minister for Trans-port the amount paid to a consultancy company(details supplied) in respect of each year since2000; the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process or processes;if he is satisfied that value for money has beenachieved in each case; and if he will make a state-ment on the matter. [29456/05]

Minister for Transport (Mr. Cullen): Anamount of \341.30 was paid by my Departmentto the above-mentioned company in July 2002 inrespect of an Internet content management work-


[Mr. Cullen.]

shop. Normal controls were applied, and I amsatisfied that value for money was received.

589. Mr. Gilmore asked the Minister for Trans-port the amount paid to a consultancy company(details supplied) in respect of each year since2000; the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process or processes;if he is satisfied that value for money has beenachieved in each case; and if he will make a state-ment on the matter. [29471/05]

Centre Applications on Hand Average Weeks Longest Weeks Number ofWaiting Waiting Testers

Buncrana 733 32 32 —

Donegal 1,176 35 40 —

Letterkenny 2,309 23 43 3

Driver testers are assigned to headquartercentres. Other test centres within the region areserved from the headquarter centres.

591. Mr. Stanton asked the Minister for Trans-port his views on the growth in the backlog ofpersons waiting to sit the driving test by 12,000since February 2005; the efforts he is making toreduce this backlog; and if he will make a state-ment on the matter. [29508/05]

Minister for Transport (Mr. Cullen): In orderto deal with the unacceptable delays in obtaininga driving test, my Department and the Depart-ment of Finance have agreed a package ofmeasure to reduce the backlog of driving testapplications. The package includes a bonusscheme for driver testers, the recruitment ofadditional testers as well as the temporary out-sourcing of a block of tests for a set period.

The use of temporary outsourcing is being dis-puted by the staff associations, which have askedthat the matter be referred to conciliation underthe terms of Sustaining Progress. A conciliationhearing at the Labour Relations Commission isscheduled for 21 October 2005.

Inland Waterways.

592. Mr. Wall asked the Minister for Com-munity, Rural and Gaeltacht Affairs the capitalfunding spent by his Department in the refur-bishment of the Grand Canal in Kildare; and if hewill make a statement on the matter. [29249/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): Information obtainedfrom Waterways Ireland regarding expenditureon the refurbishment of the Grand Canal and the

Minister for Transport (Mr. Cullen): No pay-ments were made by my Department to the com-pany in the period mentioned.

Driving Tests.590. Mr. McGinley asked the Minister for

Transport the waiting time and number of appli-cants on the waiting list and the number of testersin respect of each driving test centre in CountyDonegal; and if he will make a statement on thematter. [29504/05]

Minister for Transport (Mr. Cullen): The infor-mation requested by the Deputy, as at 10October, is set out as follows:

Grand Canal Barrow line in County Kildare is setout below.

Year Expenditure (\,000)

2000 54.5

2001 31.6

2002 25.2

2003 84.4

2004 143.8

2005 114.3 to date

Harbours and Piers.

593. Mr. Kenny asked the Minister for Com-munity, Rural and Gaeltacht Affairs the moneyswhich are intended to be provided for theimprovement of Rinroe Pier, Belmullet, CountyMayo; and if he will make a statement on thematter. [28608/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): An application underSceim na gCeibheanna Straiteiseacha in respectof this Gaeltacht pier is being examined by myDepartment at present. A final decision onwhether grant assistance is to be provided will bemade as speedily as possible.

Designated Areas.

594. Mr. Quinn asked the Minister for Com-munity, Rural and Gaeltacht Affairs the reasonthe Ringsend and Irishtown areas of Dublin 4 arenot included in the RAPID programme; the stepshe will take to ensure their inclusion in that prog-ramme; and if he will make a statement on thematter. [28774/05]


Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): The areas includedunder the RAPID programme were selected onobjective criteria, using factors such as unemploy-ment, income levels, family and social structure,educational disadvantage and high levels ofrented local authority housing. Under thesecriteria, Ringsend and Irishtown were not desig-nated as RAPID areas.

I have no plans to expand the geographicalboundaries of RAPID areas to include additionalcommunities. However, as stated previously, I amexamining an apparent anomaly in regard toBallyfermot, which despite meeting the criteriafor inclusion in strand one of the programme, wasomitted due to its inclusion in the URBAN IIprogramme.

Dormant Accounts Fund.

595. Mr. English asked the Minister for Com-munity, Rural and Gaeltacht Affairs the amountof money paid out by the Dormant AccountsFund Disbursements Board through AreaDevelopment Management Limited to personssince the scheme’s inception in October 2005; thenumber of successful grant applications; the nameof each group that has received payment; theamount paid to each group; the dates of pay-ments; the names of groups awaiting payment;and if he will make a statement on the matter.[29225/05]

Group Approval Total Paid Balance

\ \ \

1 Ability Enterprises Ltd 41,441 6,721 34,720

2 Accessible Community Transport Southside Ltd 25,000 23,427 1,573

3 Adventure Sport Project 113,680 18,378 95,302

4 AHEAD- Assoc for Higher Educ Access & Disability 123,500 44,159 79,341

5 Aiseiri treatment Centre 47,000 23,500 23,500

6 An Siol Community Development Project 40,895 5,827 35,068

7 Aspire, the Asperger Syndrome Assoc of Ireland 22,200 7,498 14,702

8 Athy Travellers’ Club 50,420 11,342 39,078

9 Athy Youth Project 58,775 9,466 49,309

10 Avoca Aftercare Project 400,000 66,667 333,333

11 Avondhu Development Group 147,299 78,296 69,003

12 Avondhu Development Group Ltd 36,663 6,666 29,997

13 Aware 141,000 65,951 75,049

14 Awareness Education Office 105,500 36,925 68,575

15 Ballinasloe Community Resources Ltd 53,000 31,800 21,200

16 Ballinasloe Social Services Ltd 25,846 12,923 12,923

17 Ballincollig Child and Family Clinic 10,234 5,117 5,117

18 Ballybane/Mervue Comm Development Project 107,423 17,472 89,951

19 Ballyfermot Travellers Action Project 60,100 8,967 51,133

20 Ballyfermot Youth Services 34,000 6,167 27,833

21 Ballymun Job Centre 79,127 13,521 65,606

22 Ballyowens Meadow School 50,000 50,000 0

23 Bantry Integrated Development Group 327,000 194,094 132,906

Minister of State at the Department of Com-munity, Rural and Gaeltacht Affairs (Mr. N.Ahern): Decisions on the disbursement of fundsfrom dormant accounts moneys in the initialround of funding are a matter for the DormantAccounts Fund Disbursements Board. The boardis an independent body established under theDormant Accounts Acts. It engaged AreaDevelopment Management Limited, ADM, toadminister the initial round of funding on itsbehalf.

I understand the process of assessing andapproving applications has now been completedand the board has approved 521 projects totallingapproximately \63 million. The draw-down offunding is subject to the satisfactory completionof legal contracts between the individual groupsand the board. As part of this process, groups arerequired to submit necessary documentation,such as agreed budgets, tax clearance certificates,evidence of insurance and so on, to ADM beforepayments are made. I understand that to dateapproximately \7.2 million has been paid byADM to groups approved for funding.

The details of all the approvals, including thenames of the individual groups, the specific grantamount approved and the amount paid to dateto each group are appended. The first appendixcontains details of the groups that have receivedpayments up to the end of September 2005 andthe second contains details of the groups thathave not drawn down funding to date.


[Mr. N. Ahern.]


\ \ \

24 Barnardos Carlow Family Support Project 19,000 9,500 9,500

25 Beacon of Light Counselling Centre 80,000 22,814 57,186

26 Beara YDP — Foroige 108,000 15,112 92,888

27 Bedford Row Family Project 70,941 30,094 40,847

28 Blakestown & Mountview Youth Initiative 78,742 12,899 65,843

29 Blanchardstown Traveller Support Group 106,300 17,333 88,967

30 Blue Teapot Theatre Company 45,722 9,167 36,555

31 Board of Management ( Swinford National School) 32,422 3,631 28,791

32 Board of Mgt Our Lady of Good Counsel Spec Schl 17,902 16,112 1,790

33 Bodywhys 91,659 14,987 76,672

34 Borrisokane Area Network Development 3,000 2,700 300

35 Borrisokane Area Network Development 17,687 5,896 11,791

36 Bray Adult Learning — Co Wicklow VEC 78,740 12,790 65,950

37 Bray Community Enterprise 55,600 14,467 41,133

38 Brothers of Charity Services 60,599 9,619 50,980

39 Brothers of Charity Services Roscommon 161,862 26,333 135,529

40 Bunratty Road Tennants Association 38,860 33,702 5,158

41 Bunscoil Bhothar na Naomh 53,000 8,833 44,167

42 Cairde 76,072 18,322 57,750

43 Canal Communities Partnership 89,568 14,027 75,541

44 Carick-on-Suir Neighbourhood Youth Project 89,561 12,829 76,732

45 Carlow Regional Youth Services Ltd 64,699 10,490 54,209

46 Carrick-on-Shannon Active Age Group 5,882 5,294 588

47 Castlecomer Community School 147,640 33,000 114,640

48 Catherine McAuley Centre 68,208 11,200 57,008

49 Cavan County Council 278,210 85,295 192,915

50 Cherry Orchard Equine, Educ & Training 297,400 48,333 249,067

51 Childhood Days for Children with Learning Disability 24,826 8,023 16,803

52 City of Galway VEC 20,214 12,453 7,761

53 City of Galway VEC 63,620 16,633 46,987

54 City of Limerick VEC Adult Education Service 249,540 123,730 125,810

55 Clare Youth Service 78,828 9,563 69,265

56 Clondalkin Community Health Initiative 133,230 59,016 74,214

57 Clonliffe & Croke Park Community Hall 15,000 13,500 1,500

58 Clonmel Celtic Football Club 49,000 44,100 4,900

59 Cloyne Diocesan Youth Service 131,000 42,700 88,300

60 Cneasta 52,500 17,500 35,000

61 Co. Roscommon Higher Education Centre 104,000 35,799 68,201

62 Collinstown Park School Completion Prog 71,500 11,667 59,833

63 Comhar Chathair Chorcai 10,750 3,583 7,167

64 Comhlamh Irish Assoc Develop Workers 20,000 3,950 16,050

65 Common Ground Ltd 32,333 16,650 15,683

66 Community After Schools Project (CASP) 40,000 33,750 6,250

67 Co-operation Fingal 237,616 61,160 176,456

68 Cork Threshold Housing Advice Centre 174,303 104,582 69,721

69 County Leitrim Partnership Co. Ltd 73,991 39,265 34,726

70 County Wexford Community Workshop 115,000 34,500 80,500

71 Crosscare Afterschool Support Unit 103,000 51,825 51,175

72 Crumlin Sports Employment Project 60,000 10,000 50,000

73 Cunamh Energy Action Ltd 18,612 18,612 0

74 Darndale/Belcamp Integrated Childcare Svs 84,000 13,667 70,333



\ \ \

75 Delta Centre Ltd 200,000 180,000 20,000

76 Dillon’s Cross/ Post Release Project 34,133 5,670 28,463

77 Dime Project Advisory Committee 135,318 22,941 112,377

78 Disability Federation of Ireland 79,850 26,617 53,233

79 Dominican Day Centre for Senior Citizens 10,696 10,696 0

80 Donegal Youth Information Centre 37,450 6,250 31,200

81 Donore Harriers 132,059 23,948 108,111

82 Drogheda Northside Community Partnership 41,000 17,192 23,808

83 Drogheda Youth Development (DYP) 167,920 26,923 140,997

84 Dromcollogher & District Respite Care Centre 120,000 26,667 93,333

85 Dublin AIDS Alliance (DAA) Ltd 41,000 18,145 22,855

86 Dublin CABAS School Parent Group 49,884 8,314 41,570

87 Dublin Community Games 70,000 25,573 44,427

88 Dublin North East Communications Co-op 126,000 24,833 101,167

89 Dublin Simon Community 160,885 27,064 133,821

90 Easi Access Transport T/A Easi-Cab Travel Club 129,894 85,953 43,941

91 Educational Disadvantage Centre 158,158 39,279 118,879

92 Eiri Corca Baiscinn 58,000 6,333 51,667

93 Eiri Corca Baiscinn 47,000 15,198 31,802

94 Emotional Behavioural Difficulties Project 141,358 85,709 55,649

95 Employ Ability (Dublin SW Supported Employ Svs) 144,830 17,943 126,887

96 FACT Ballincollig Family Resource Centre 60,000 9,217 50,783

97 Families and Schools Together (FAST) 77,245 37,654 39,591

98 Family School Comm Educational Disadv 331,396 32,726 298,670

99 Faranree Family Resource Centre 31,500 18,427 13,073

100 Farranree Alcohol and Drugs Awareness Project 21,180 10,190 10,990

101 Fettercairn Youth Horse Project 184,314 61,271 123,043

102 Fingal ICTU Centre for the Unemployed 100,878 34,483 66,395

103 Finglas Cabra Partnership/Finglas RAPID Prog 107,865 17,901 89,964

104 Foroige 101,280 12,163 89,117

105 Frenchpark & Districts Childcare 190,000 171,000 19,000

106 Futurama Out of School Transition Initiative 190,000 30,000 160,000

107 Galway Rape Crisis Centre 81,879 12,872 69,007

108 Galway Rural Development 430,000 113,787 316,213

109 Glengariff Playground Development Ltd 58,553 52,698 5,855

110 Global Action Plan 40,000 6,667 33,333

111 Harmony Community Development Programme 110,151 17,154 92,997

112 Hillside Club 1,000 900 100

113 Holy Family BNS Board of Management 12,450 11,205 1,245

114 Inishowen Partnership Company 6,000 1,000 5,000



117 Inishowens Women’s Network 100,000 62,506 37,494

118 Irish Rural Link Ltd 45,110 40,599 4,511

119 Irish Traveller Movement 129,510 39,680 89,830

120 Irish Whelchair Assoc & Nat Council for the Blind 211,800 35,300 176,500

121 KDYS Youth Centre 154,357 53,093 101,264

122 Kerry Adolescent Counselling Service 35,000 5,833 29,167

123 Kerry Diocesan Youth Service 120,000 19,400 100,600

124 Kerry Diocesan Youth Service Tralee 32,500 11,187 21,313

125 Kerry Education Service 144,000 24,667 119,333

126 Kerry Rape & Sexual Abuse Centre 95,800 29,220 66,580


[Mr. N. Ahern.]


\ \ \

127 Kerry Respite Care Ltd 118,987 19,064 99,923

128 Kilbarrack CDP, Children’s Centre 3,000 2,700 300

129 Kildare Youth Services (Curragh) 81,226 13,066 68,160

130 Killinarden Drug Primary Prevention Group 40,000 18,308 21,692

131 Kilrush Family Resource Centre Ltd 75,000 7,667 67,333

132 Kilrush Family Resource Centre Ltd 21,000 21,000 0

133 Knockanrawley Resource Centre Ltd 110,000 26,640 83,360

134 Labre Park After School Programme 158,920 26,798 132,122

135 Larkin/Shelbourne Project 100,000 16,667 83,333

136 Learning Through Arts Scholarship 91,000 35,176 55,824

137 Leitrim Co Council — Drumshambo Swimming Pool 40,000 36,000 4,000

138 Literacy Service, Co Westmeath VEC 116,000 19,167 96,833

139 Little Bray Family Resource Centre 62,940 20,310 42,630

140 Little Bray Family Resource Centre 75,288 24,126 51,162

141 Longford Community Resources Ltd 110,354 18,853 91,501

142 Longford Community Resources Ltd 150,376 24,484 125,892

143 Longford Women’s Link 84,272 24,437 59,835

144 Loreto Centre 48,148 14,891 33,257

145 Lucan Disability Action Group Ltd 22,900 21,075 1,825

146 Mallow Daycare Centre Ltd 6,030 5,427 603

147 Mayfield Community Adult Learning Project 7,874 7,087 787

148 Mayfield Employment Action Project 5,231 4,708 523

149 Mellow Spring Childcare Development Ctr 85,790 17,177 68,613

150 Mental Health Ireland 97,576 14,236 83,340

151 Merchants Quay Project 157,709 26,120 131,589

152 Monsignor McCarthy Steering Committee 110,300 99,270 11,030

153 Mountmellick Development Association 60,332 54,299 6,033

154 Mountview Senoir Citizens Support Group 13,000 6,500 6,500

155 Mountwood Fitzgerald CDP 127,500 20,000 107,500

156 Mulhuddart Corduff Community Drug Team 13,080 3,307 9,773

157 Mulhuddart Lifestart 70,090 8,287 61,803

158 Mulhuddart Resource Centre 2,500 2,250 250

159 Mulranny Day Centre Housing Company Ltd 152,310 24,719 127,591

160 Myasthenia Gravis Association 6,000 5,400 600

161 Nagle Centre 89,578 29,916 59,662

162 National Adult Literacy Agency 123,225 19,167 104,058

163 National Adult Literacy Agency 69,555 33,597 35,958

164 National College of Ireland 33,950 4,608 29,342

165 National Council for the Blind of Ireland 636,000 469,038 166,962

166 North & West Connemara Rural Project 120,200 40,356 79,844

167 North Clondalkin CDP/Campus 47,712 7,827 39,885

168 North Cork Adult Basic Education Service 49,331 19,947 29,384

169 North West Parents and Friends 110,000 85,125 24,875

170 North Western Health Board Assistive Tech Unit 112,000 84,429 27,571

171 Northside Partnership 235,000 38,250 196,750

172 Northside Partnership 331,000 96,053 234,947

173 Pathways Thru Educ Comm Links Prog 212,571 35,857 176,714

174 PAUL Partnership 211,741 43,864 167,877

175 Ronanstown CDP/Women’s Comm Education 79,670 33,288 46,382

176 Rosemount Community Development Group 50,974 8,278 42,696

177 Schizophrenia Ireland 30,500 21,401 9,099



\ \ \

178 Scoil Na Croise Naofa 10,000 5,400 4,600

179 Second Chance Education Project for Women 68,436 13,232 55,204

180 Sligo Borough Council 203,280 28,500 174,780

181 Sligo Family Resource Centre 98,852 15,456 83,396

182 Sligo Northside Community Partnership Ltd 129,010 21,247 107,763

183 Smashing Times Theatre Co. Ltd 79,990 48,029 31,961

184 South Kerry Development Partnership 44,940 10,640 34,300

185 South Westmeath Literacy Scheme 17,500 5,833 11,667

186 Spinal Injuries Action Association 66,312 19,617 46,695

187 St Brendans Park FC 114,760 15,750 99,010

188 St Fergals Resource Centre 75,288 12,370 62,918

189 St Mary’s Hall Committee 20,000 10,000 10,000

190 St Peter Apostle SNS 20,000 18,000 2,000

191 St Peter Apostle SNS 41,000 36,900 4,100

192 St. Andrew’s Resource Centre 125,200 37,505 87,695

193 St. Catherines Community Services Centre 11,000 5,500 5,500

194 St. Laurence O’Toole GAA Club 170,000 170,000 0

195 St. Mary’s Community Adult Education Committee 86,145 24,271 61,874

196 St. Oliver’s Community Mgt Committee 6,068 5,461 607

197 St. Paul’s Scout Unit 95,000 66,500 28,500

198 St. Teresa’s Boys/Girls Football Clubs 42,000 29,000 13,000

199 Step by Step Child and Family Project 3,000 2,700 300

200 Taghmon Action Group 70,000 11,562 58,438

201 Tallaght Homeless Advice Unit 245,658 44,251 201,407

202 Tallaght Intercultural Action 130,000 21,167 108,833

203 Tallaght Volunteer Bureau 46,762 28,900 17,862

204 Tallaght West Education Support Forum 48,300 25,194 23,106

205 TASS (Target After School Service) 122,750 13,383 109,367

206 The Alzheimers Society 25,000 15,488 9,512

207 The Blue Box Creative Learning Centre 71,500 11,917 59,583

208 The Glen Leadership & Equality Network 6,000 5,400 600

209 The Glen Leadership & Equality Network 67,637 11,138 56,499

210 The Larkin Centre 147,700 64,050 83,650

211 The Linkup Project 24,000 14,256 9,744

212 The Midland Health Board Steering Group on Suicide 14,264 4,755 9,509

213 The Royal Hospital Donnybrook Vol Housing Assoc 11,117 10,006 1,111

214 The Shanty Educational Project Ltd 62,346 5,137 57,209

215 The Shanty Educational Project Ltd 146,730 24,838 121,892

216 The Swan Group 3,053 3,053 0

217 The Vincentian Partnership for Social Justice 100,000 16,667 83,333

218 Togher Family Ctr After Schools Activity 29,620 4,231 25,389

219 Togher Wednesday Social Group 4,000 2,629 1,371

220 Trail 80,000 24,908 55,092

221 Tralee Community Development Project (CDP) 199,912 185,767 14,145

222 Tralee Learning Together Network 137,500 42,334 95,166

223 Tralee Town Council 175,000 52,500 122,500

224 Tramore YDP — Foroige 161,625 25,019 136,606

225 Vista Community Development Project 8,000 2,667 5,333

226 Vita House Family House 65,000 19,866 45,134

227 Vocational School Abbeyfeale 9,600 8,640 960

228 Voice of Older People — County Donegal 54,000 9,000 45,000

229 Walkinstown Assoc for Handicapped People 10,000 2,333 7,667


[Mr. N. Ahern.]


\ \ \

230 Walkinstown Assoc for Handicapped People 8,800 2,933 5,867

231 Walkinstown Association for Handicapped People 50,000 25,000 25,000

232 Walkinstown Association for Handicapped People Ltd 20,000 6,667 13,333

233 Waterford Befriending Project 60,000 10,000 50,000

234 Waterford Local Economic Development Company 816,000 50,000 766,000

235 Waterford Regional Youth Svc Pathways 30,500 18,946 11,554

236 Watergate Muintir Community Council 71,600 12,000 59,600

237 WESLIN W’ford Early Sch Leaving Int Net 90,579 14,800 75,779

238 West Cork Carers Support Group Ltd 81,580 16,582 64,998

239 Wexford Borough Council 160,000 160,000 0

240 Wexford Education Network 149,616 24,143 125,473

241 Whitefriar St Comm Education & Development 4,350 3,915 435

242 Youghal Youth Committee (Foroige) 130,000 15,052 114,948

243 Youth Horizons 45,000 13,717 31,283

244 Youth New Ross Ltd 121,565 40,522 81,043

Totals 22,268,254 7,215,149 15,053,105

Appendix 2: Groups awaiting Payment


\ \ \

2nd Galway Tuam Scouts SI 110,000 0 110,000

37th Cork Togher Scout Group 14,000 0 14,000

Abalie 54,894 0 54,894

Acill Scouting 22nd Unit — Mayo 38,373 0 38,373

ADAPT 285,000 0 285,000

Adapt Kerry Ltd, T/A Kerry Refugee Support Services 874,692 0 874,692

Adrigole Family Resource Centre 7,200 0 7,200

After Care Recovery Group Ltd 28,653 0 28,653

Aisling Group/Brandan Day Programme 112,000 0 112,000

Alzeimher Society of Ireland, Blackrock Branch 2,277,171 0 2,277,171

An Siol Senoir Citizens Project 38,000 0 38,000

Ana Liffey Drug Project 35,000 0 35,000

Area Senior Citizens 52,732 0 52,732

Arts & Disability Ireland 52,000 0 52,000

ASSET 100,000 0 100,000

Athy Town Council 70,838 0 70,838

Autism Service 59,200 0 59,200

Avondhu Development Group Ltd 20,777 0 20,777

Avoundhu Development Group Ltd 28,014 0 28,014

Ballyduff National School 21,000 0 21,000

Ballyfarnon Community Enterprise Group Ltd 28,851 0 28,851

Ballyforan Community Hall 20,000 0 20,000

Ballymore Development Centre Ltd 60,000 0 60,000

Ballyphehane/Togher Community Development 127,639 0 127,639

Ballywaltrim Community Centre Ltd 786,538 0 786,538

Bantry YMCA 103,410 0 103,410

Barnardos Childrens Services Dublin North 80,000 0 80,000

Blackwater Community School/Lismore GAA 123,684 0 123,684

Blakestown Community Resource Centre 134,000 0 134,000



\ \ \

Board of Management, Scoil Phadraig Naofa 41,000 0 41,000

Board of Mgt of Ballyspillane Comm FRC 20,000 0 20,000

Board of Mgt St John’s and St. Paul’s NS 104,700 0 104,700

Brookfield & Fettercairn School Completion Programme 70,428 0 70,428

Brookfield Youth & Community Centre 250,000 0 250,000

Brothers of Charity Galway Services 78,000 0 78,000

Brothers of Charity Services — Project Committee 110,220 0 110,220

Brothers of Charity Services, Roscommon 7,500 0 7,500

Bush Community Leisure Facility 1,550,000 0 1,550,000

Cahir Development Association Ltd 70,000 0 70,000

Camphill Communities Ballytobin 385,000 0 385,000

Camphill Communities of Ireland 360,000 0 360,000

CANDO LTD 6,000 0 6,000

CARE Local 115,440 0 115,440

CARP — Killinarden 211,810 0 211,810

Cashel na Cor Learning Disability Assoc 534,028 0 534,028

Catholic Youth Care/Bray Outdoor Pursuits Proj 78,150 0 78,150

Cavan County Childcare Committee 253,233 0 253,233

Centre for Independent Living 137,000 0 137,000

Cheshire Ireland 1,272,273 0 1,272,273

Children’s Discovery Museum 173,250 0 173,250

Churchfield Community Trust 172,520 0 172,520

Clondalkin Local Employment Service (CLES) 24,675 0 24,675

Clondalkin Travellers Training, Enterprise & Employment 80,000 0 80,000

Clonmel Borough Council 3,376 0 3,376

Clonmel Borough Council 74,431 0 74,431

Clonmel Borough Council/SEHB 7,449 0 7,449

Cluain Training and Enterprise Centre Ltd 88,237 0 88,237

Co Longford VEC 35,334 0 35,334

Co Wexford Community Workshop Enniscorthy 250,000 0 250,000

CoAction West Cork Ltd 93,735 0 93,735

Colaiste Eoin Secondary School/Cork VEC 50,852 0 50,852

Community Addiction Programme 89,900 0 89,900

Community Care of the Elderly 17,000 0 17,000

Community of Lough Arrow Social Project 56,189 0 56,189

Community Women’s Education Initiative Ltd 24,726 0 24,726

Cope — Meals on Wheels 90,750 0 90,750

Corduff Community Resource Centre 30,000 0 30,000

Cork Association for Autism 198,590 0 198,590

Cork Campus Radio 97.4 FM 3,500 0 3,500

Cork City Council 90,000 0 90,000

Cork Simon Community 274,382 0 274,382

Cork YMCA 43,907 0 43,907

County Monaghan Partnership 166,635 0 166,635

Cuan Mhuire 297,206 0 297,206

Cumann na Daoine 1,166,006 0 1,166,006

Cumas and Cairdeas 13,400 0 13,400

De La Salle College 51,000 0 51,000

Deora Project 45,000 0 45,000

Dochas Family Centre 200,000 0 200,000

Dolphin House Community Develop Assoc 118,000 0 118,000

Donegal Youth Services 89,720 0 89,720


[Mr. N. Ahern.]


\ \ \

Doras Luimni 41,754 0 41,754

Drogheda Borough Council 18,000 0 18,000

Dromtariffe GAA Club 35,000 0 35,000

Drumlane Community Partnership 150,000 0 150,000

Duagh Community FRC 279,000 0 279,000

Dublin 15 Playground Action Group 26,800 0 26,800

Dublin City Council 72,000 0 72,000

Dublin City Council 400,000 0 400,000

Dublin City Council (St James Youth Service) 50,000 0 50,000

Dublin City University Educational Trust 115,000 0 115,000

Dublin City University Educational Trust 86,986 0 86,986

Duhallow Carers Network 950 0 950

Dun Laoghaire VEC 94,400 0 94,400

Dundalk Outcomers 109,700 0 109,700

Dundalk Town Council 40,500 0 40,500

Dundalk Town Council 41,000 0 41,000

Duneske Leisure Limited 104,491 0 104,491

Duniry Community & Pitch Development Cttee 18,160 0 18,160

Dyspraxia Assoc of Ireland 50,500 0 50,500

Easkey Community Council Ltd 120,000 0 120,000

East Wall Sports Group 213,029 0 213,029

Ennis Town Council 278,765 0 278,765

Ennis Town Council 17,479 0 17,479

Family Supports — Breakfast Club BAP 11,431 0 11,431

Ferns Diocesan Youth Service 53,601 0 53,601

Finglas Cabra Partnership 188,568 0 188,568

Finglas Sports Development Group 26,160 0 26,160

Foroige/Cootehill/Ballybay Adolescent Friendly health Project 178,313 0 178,313

Foxford Sports & Leisure Centre 76,515 0 76,515

Franciscan Social Justice Initiatives 93,541 0 93,541

Galway City and County Childcare Committee 90,000 0 90,000

Galway City Council 1,100,000 0 1,100,000

Galway City Health Forum 83,000 0 83,000

Galway Refugee Support Group 82,710 0 82,710

Gateway Project 6,900 0 6,900

Glen Resource and Sports Centre Ltd 75,890 0 75,890

Glenfinn Area Council 450,000 0 450,000

Granard Sports Hall Project Group 60,000 0 60,000

Greater Blanchardstown Development Project 46,257 0 46,257

Gurranabraher/Churchfield Development Group 485,000 0 485,000

Hazel Day Hospital 22,700 0 22,700

Homeless Network 132,492 0 132,492

Hope House 400,000 0 400,000

Hospitaller Order of St John of God 167,336 0 167,336

Huntingtons Disease Association of Ireland 3,536 0 3,536

IHCPT — The Irish Pilgrimage Trust 500,000 0 500,000

Inch Community Council 20,000 0 20,000

IRD Duhallow Youth & Education Group 100,000 0 100,000

Irish Progressive Association for Autism 5,600 0 5,600

Junior Certificate School Library Project 113,500 0 113,500

KARE 194,000 0 194,000



\ \ \

Kerry Diocesan Youth Service 108,800 0 108,800

Kerry Suicide Support Group 42,000 0 42,000

Kilbarrack CDP 10,000 0 10,000

Kilcannon Industries Ltd 250,000 0 250,000

Kilteevan Community Development Group 310,550 0 310,550

Kiltimach/Knock United Soccer Club 119,175 0 119,175

Kiltyclogher Community Council 29,050 0 29,050

Knockmitten Youth Centre 300,000 0 300,000

Laois Sports Partnership Ltd 35,000 0 35,000

L’Arche Community 43,723 0 43,723

Leenane Development Association 7,040 0 7,040

Leitrim Gaels Community Development Ltd 367,000 0 367,000

Liberties Recycling Training & Development Centre 83,000 0 83,000

Limerick City Council 55,495 0 55,495

Limerick Travellers Development Group 41,000 0 41,000

Longford Dyslexia Association 10,000 0 10,000

Longmeadows Pitch & Putt Company 174,000 0 174,000

Loughboy Area Resource Centre 85,586 0 85,586

Loughlinstown Community Rooms 20,247 0 20,247

Loughlinstown Playgroup Development Group 51,250 0 51,250

Lourdes Youth & Community Services 89,041 0 89,041

Lucan/North Kildare Youth Service 12,400 0 12,400

Mahon Childcare Network 126,413 0 126,413

Mahon Resource Centre Ltd 141,205 0 141,205

MANN Group 162,500 0 162,500

Marian Centre Special School 60,000 0 60,000

Mary Queen of Angels 102,173 0 102,173

Mayfield Community Arts Centre Newbury House 45,000 0 45,000

Mayo Abbey Parish Comm Development 121,907 0 121,907

MCR Community Development Committee 7,898 0 7,898

Men’s Development Network 120,000 0 120,000

Midlands Regional Youth Service 46,230 0 46,230

Migraine Association of Ireland 20,550 0 20,550

Millenium Holiday Home Project 17,500 0 17,500

Milltown Foroige 7,100 0 7,100

Mountview Senoir Citizens Support Group 2,000 0 2,000

Mountwood Fitzgerald Park CDP (Basement Proj) 300,000 0 300,000

Mullingar District Women in Crisis 73,972 0 73,972

Multi -Disciplinary Team 75,684 0 75,684

National Council for the Blind/Irish Wheelchair Association 1,833,000 0 1,833,000

National Network of Women’s Refugees & Support 45,000 0 45,000

National Suicide Research Foundation 84,140 0 84,140

National Training and Development Institute 82,246 0 82,246

Neighbourhood Youth Project 10,000 0 10,000

New Ross Town Council 97,470 0 97,470

Newpark Close Community Development 52,181 0 52,181

North Leitrim Mens Group 14,292 0 14,292

North Roscommon Athletic Club 4,200 0 4,200

North Wall Womens Centre 119,700 0 119,700

NWHB 63,251 0 63,251

NWHB Worklink NW/Training & Occupational Svs 62,000 0 62,000

O’Devaney Gardens Forum 66,943 0 66,943


[Mr. N. Ahern.]


\ \ \

Ogra Chorcai Ltd 200,775 0 200,775

Open Door Network 93,610 0 93,610

Order of Malta Ambulance Corps 300,000 0 300,000

Our Ladies of Victories Youth Centre 20,000 0 20,000

Our Lady Immaculate Junior National School 10,000 0 10,000

Our Lady of Lourdes Community Services Group 122,772 0 122,772

Parasuicide Intervention Study Group 96,900 0 96,900

Parkside Community Development Project Ltd 10,500 0 10,500

Pavee Point 58,915 0 58,915

Peamount Hospital Inc 783,000 0 783,000

Portumna Social Services Committee 32,000 0 32,000

Queen of Peace Comm Development Project 114,533 0 114,533

Rahoon Family Centre 15,383 0 15,383

Rehab Care 1,000,000 0 1,000,000

RehabCare 45,277 0 45,277

Respite Group Home Crannog 600,000 0 600,000

Roma Support Group 65,000 0 65,000

Roosky Development & Social Inclusion 409,858 0 409,858

Roscommon Enter Initiative 191,932 0 191,932

Rosequal Ltd 21,374 0 21,374

Samaritans 97,998 0 97,998

SAOL 105,500 0 105,500

Scoil Chiaran — Our Lady of Consolation 30,000 0 30,000

Scouting Ireland 22,297 0 22,297

Senoir Citizens Social Housing Unit Beaufort 3,500 0 3,500

Service Users Forum — South East Region 34,000 0 34,000

Sisters of Bon Sauveur Services 87,000 0 87,000

Sisters of Charity of Jesus and Mary 300,000 0 300,000

Sisters of Our Lady of Charity Residential Hostel 100,000 0 100,000

Sligo County Council 117,800 0 117,800

Sligo County Council Community & Enterprise 129,750 0 129,750

Social Innovations Ireland 156,655 0 156,655

Socially Inclusive Health Centre- SWAHB 130,500 0 130,500

South Dublin County Council 54,280 0 54,280

South End Community Action Team 149,500 0 149,500

South Kerry Development Partnership 101,027 0 101,027

South Kerry Development Partnership 18,000 0 18,000

South Tipperary County Council 129,850 0 129,850

South West Inner City Network 60,882 0 60,882

South West Mayo Development Company 84,000 0 84,000

Southern Health Board 7,500 0 7,500

Special Project on Longterm Unemployment 90,344 0 90,344

St Bernadette’s Pre-School for Travelling Children 9,900 0 9,900

St Brendan’s The Glen Snr Citizens 30,000 0 30,000

St Christopher’s Services 508,511 0 508,511

St Colmans Voluntary Committee 1,000,000 0 1,000,000

St Joseph’s Community Centre 250,000 0 250,000

St Loman’s Mental Health Association 31,195 0 31,195

St Mary’s Senior Citizens Club, Knocknaheeny 180,000 0 180,000

St Monica’s Youth Centre 35,000 0 35,000

St Paul’s Youth Club 50,000 0 50,000



\ \ \

St Teresa’s Gardens Enviro & Employ 7,741 0 7,741

St Vincent de Paul 20,000 0 20,000

St Vincents Trust 116,440 0 116,440

St. Saviour’s National School 35,636 0 35,636

Streetline Ltd 25,000 0 25,000

Tallaght Centre for the Unemployed Ltd 125,000 0 125,000

The Autistic Outreach Unit 20,000 0 20,000

The BLOCK Project 90,125 0 90,125

The Carer’s Association 10,000 0 10,000



The Intercom Initiative 68,025 0 68,025

The Meditation Bureau 68,480 0 68,480

The Royal Hospital Donnybrook 34,340 0 34,340

The Royal Hospital Donnybrook 78,555 0 78,555

The Traveller Visibility Group 5,580 0 5,580

The Web Project 12,000 0 12,000

The Web Project 5,000 0 5,000

Threshold Ltd 380,233 0 380,233

Tipperary Community Hostel Project 300,000 0 300,000

Tipperary Leader Group 30,000 0 30,000

Tipperary VEC 182,000 0 182,000

Tir na nOg Pre-School for travelling Children 111,700 0 111,700

TOFE Program (School Completion Program) 37,600 0 37,600

Togher Family Centre 3,447 0 3,447

Tolka River Project Ltd 10,645 0 10,645

Tuam Travellers Education and Development Association Ltd 238,480 0 238,480(TTEOA)

Valentia Community Health & Welfare Association Ltd 100,000 0 100,000

Vantastic Ltd 174,000 0 174,000

Volunteering Ireland 86,861 0 86,861

Waterford City Council 200,000 0 200,000

Waterford Disability Network 32,000 0 32,000

Waterford Regional Youth Service 400,000 0 400,000

West Dublin YMCA 127,850 0 127,850

Western Care Association 70,000 0 70,000



Westside Community Development Resource Centre Ltd 14,000 0 14,000

Wicklow Working Together Ltd 22,500 0 22,500

Young Mothers in Education Programme 120,912 0 120,912

Youth Projects Network, Dublin North-East Inner City 39,900 0 39,900

Youthreach Bandon 27,000 0 27,000

40,814,562 0 40,814,562

Inland Waterways.

596. Mr. Wall asked the Minister for Com-munity, Rural and Gaeltacht Affairs the numberof boats that have used the Grand Canal for eachof the past three seasons; the records that arekept in regard to such usage; and if he will makea statement on the matter. [29248/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): Waterways Ireland hasinformed me that the figures for boat passages onthe Grand Canal, which are collated at a numberof the locks on the navigation, are 3,654 for 2003,1,714 for 2004 and 2,319 for 2005.

Departmental Staff.597. Mr. P. McGrath asked the Minister for


[Mr. P. McGrath.]

Community, Rural and Gaeltacht Affairs therates of overtime or additional allowances pay-able to staff who work in his Departments pressoffice in respect of persons being on call and theiradditional attendance at work before or after nor-mal hours; and if he will make a statement on thematter. [29299/05]

598. Mr. P. McGrath asked the Minister forCommunity, Rural and Gaeltacht Affairs theamounts of ex gratia payments made to staff inhis Departments press office in respect of personsbeing on call and their additional attendance atwork before or after normal hours; and if he willmake a statement on the matter. [29314/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): I propose to take Ques-tions Nos. 597 and 598 together.

Overtime is paid at standard rates foradditional attendance to staff up to and includinghigher executive officer or administrative officerin my Department’s press office. There is no oncall allowance, and no ex gratia payments aremade to staff in the office for being on call or foradditional attendance.

599. Mr. P. McGrath asked the Minister forCommunity, Rural and Gaeltacht Affairs theamount of compensatory leave granted or due tobe granted to staff in his Department; the individ-uals to whom they were granted in respect ofadditional attendance at work before or after nor-mal hours of attendance; and if he will make astatement on the matter. [29329/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): Time off in lieu of extraattendance payments is allowable for grades upto and including higher executive officer oradministrative officer. The granting of time off inlieu is at the discretion of the head of the Depart-ment, having regard to the exigencies of theservice, and is not allowed in any case where itwould give rise to additional overtime working.As time in lieu taken is stored on each individualofficer’s personal record, the resources requiredto collate the information sought is not justified.

600. Mr. P. McGrath asked the Minister forCommunity, Rural and Gaeltacht Affairs if thepersonnel files of staff in his Department havebeen copied or given to external parties; if so, thesafeguards which have been put in place to ensurethat no personal data of any member of staff inhis Department will be released to third parties;and if he will make a statement on the matter.[29344/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): Apart from appropriate

provision of records to other Departments in thecontext of transfers or promotions, no personnelfiles of staff in my Department have been copiedor given to external parties.

601. Mr. P. McGrath asked the Minister forCommunity, Rural and Gaeltacht Affairs thenumber of staff in his Department to whom leaveof absence, or any other absence from normalduties or place of work, in excess of two monthswas granted for educational purposes in any yearsince 2002; the nature of the educational courseundertaken in each case; if there are terms orconditions relating to academic achievementattached to the granting of such leave; if person-nel who were granted such leave failed to com-plete their courses; and if he will make a state-ment on the matter. [29359/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): Two members of staffhave been allowed leave of absence in excess oftwo months to undertake a masters degree inpublic policy. One of these has successfully com-pleted the programme while the other has onlybegun.

602. Mr. P. McGrath asked the Minister forCommunity, Rural and Gaeltacht Affairs thenumber of staff who applied for a refund ofcourse fees in respect of courses undertaken atnight; the value of refunds expected to be madeby his Department in 2005; the number of staff towhom approval to attend a course was granted inthe last academic year but did not subsequentlyapply for the refund; and if he will make a state-ment on the matter. [29374/05]

603. Mr. P. McGrath asked the Minister forCommunity, Rural and Gaeltacht Affairs the pro-portion of his Department’s training budget thatis spent on refunds to staff in respect of eveningor weekend study courses; the list of all coursesfunded by his Department in the past three years;and if he will make a statement on the matter.[29389/05]


The number of staff in my Department whohave applied for a refund of course fees in respectof courses undertaken at night or at weekends inthe current academic year is 58. The value of suchrefunds is estimated at \80,262. All staff membersto whom approval to attend a course in the lastacademic year was granted subsequently appliedfor the refund of their course fees.

The proportion of my Departments trainingbudget spent on refunds to staff in respect ofevening or weekend courses was 30.7% in 2005,31% in 2004 and 11% in 2003. A list of courses


for which staff were refunded fees is set out asfollows:

“A+”, ICT TrainingACCA Annual SubscriptionArts ModularBA (Honours) Business & Law Griffith CollegeBA (Ordinary) Legal StudiesBA Degree Training & Education — Year 4 of 4BA Psychology (Dublin Business School)BA Public Management BBusinessStudiesBA Training & Education Year 3 2004 2005Basic ComputersCertificate in Business Studies (IPA)Challenge of the Social Sciences — Open UniversityCommunications (UCD)Degree in Psychology — Open UniversityDioploma Ghaeilge Fheidhmeach Bliain 2 UCDDioploma sa GhaeilgeDioploma sna Dana (Scileanna Aistriuchain)Diploma in Business (NCI) — Year 1 of 2Diploma in Communications (UCC)Diploma in First Line Management — NCIDiploma in Policy Analysis (IPA)Diploma in Public Administration (IPA)Diploma in Public Management (IPA)Doctorate in Governance (D Gov) IPA/QUBDoctorate in Governance (IPA/QUB)Doctorate in Governance (IPA/QUB)ECDL 28 October ABM Computer TrainingECDL, Galway Technical InstituteGaeilge — Conradh na GaeilgeGaeilge — GaeleagrasHigher Certificate in Business & Industrial Relations/

HRM-IFSCInternal Audit (IPA)Irish Art & Its Contents, TCD 11-10-04-28-02-05Irish Literature — Irish Writers’ CentreItalian, Level 1, Oct 03-Jan 04, Sandford Lang InstituteJoint Examining BoardLegal StudiesLLB DegreeLLB Degree (Evening)M.Sc Policy Analysis (IPA)MA (IPA)MA Bilingualism (DCU)MA Gaeilge UCD 2003/2004MA Nua GhaeilgeMA Public Management, IPAMSc I nGno/I dTeicneolaıocht an Eolais 2002-03NUI Certificate in PsychologyOffice TechnologyPhilosophy — Foundation Modular (UCD)Psychology — Certificate, NUI MaynoothPublic Management, IPA CMOD Code 2SafePass (FAS)Spanish Course, Instituto De CervantesSpanish, Aisling Ireland, 137 Lr Rathmines RdSwedish Language CourseTeastas sa Chleachtas Da-Theangach (DCU)


604. Mr. P. McGrath asked the Minister forCommunity, Rural and Gaeltacht Affairs theamount spent by his Department on briefcases;the amount refunded to staff in his Departmentin respect of purchases of briefcases; the numberof staff who have received briefcases; the number

of staff who have received refunds for briefcasesthey purchased; the largest single amount paid orrefunded in respect of one briefcase; and if he willmake a statement on the matter. [29404/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): Records indicate thatthe total amount spent on four briefcases sincethe establishment of my Department in 2002 is\534.82. The largest single amount paid was \242.This figure includes a sum of \86.94 in respectof a briefcase which was purchased to replace abriefcase destroyed when the ministerial car wasinvolved in an accident and went on fire. Theoriginal briefcase was purchased during the pre-vious Administration long before the establish-ment of this Department.

The cost of replying to this parliamentary ques-tion exceeds the cost of providing briefcases tostaff in my Department during the last threeyears.

605. Mr. P. McGrath asked the Minister forCommunity, Rural and Gaeltacht Affairs thenumber of personal digital assistants provided tostaff in his Department; the cost of same; the costof the most expensive personal digital assistantpurchased to date; the grades to which thesedevices are issued; if personal digital assistantsare issued as a matter of course or are subject topreparation of a business case which is sub-sequently scrutinised; if so, by whom the finaldecision on allocation of personal digital assist-ants is made; and if he will make a statement onthe matter. [29419/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): Three electronic port-able devices were purchased in 2003 at a cost of\992 each for the three most senior posts in myDepartment. In 2005, ten devices were purchasedat a cost of \242 each and were rolled out to somesenior staff within my Department as part of atrial project to examine the benefits of suchdevices. Further decisions on wider provision ofpersonal digital assistants will be informed by theexperience of the trial project.

606. Mr. P. McGrath asked the Minister forCommunity, Rural and Gaeltacht Affairs thenumber of staff in each general service anddepartment grade in his Department who havebeen exempt for a period in excess of six monthsfrom attending meetings, dealing with correspon-dence, dealing with telephone queries, home orforeign travel, using computers or other duties byvirtue of a medical certificate; if such long-termexemptions from normal duties are fair to otherstaff who must pick up the extra work; if theyprovide the taxpayer with good value for money;if such exemptions or certificates have been


[Mr. P. McGrath.]

reviewed by the chief medical officer; and if hewill make a statement on the matter. [29434/05]

Minister for Community, Rural and GaeltachtAffairs (Eamon O Cuıv): No such exemptionshave been given in my Department.


607. Mr. Gilmore asked the Minister for Com-munity, Rural and Gaeltacht Affairs the amountpaid to a consultancy company (details supplied)in respect of each year since 2000; the details ofeach of the contracts and services provided; thenature of the controls applied in the procurementprocess or processes; if he has satisfied himselfthat value for money has been achieved in eachcase; and if he will make a statement on thematter. [29457/05]

608. Mr. Gilmore asked the Minister for Com-munity, Rural and Gaeltacht Affairs the amountpaid to a consultancy company (details supplied)in respect of each year since 2000; the details ofeach of the contracts and services provided; thenature of the controls applied in the procurementprocess or processes; if he has satisfied himselfthat value for money has been achieved in eachcase; and if he will make a statement on thematter. [29472/05]


No contracts were awarded by my Departmentsince its establishment to the companies inquestion.

Coillte Training Courses.

609. Mr. Connolly asked the Minister for Agri-culture and Food the reason for the exclusion ofpersons from the harvesting and haulage sector ofIrish forestry from the extensive training coursesprovided by Coillte between 1998 and 2002,inclusive; and if she will make a statement on thematter. [28700/05]

610. Mr. Connolly asked the Minister for Agri-culture and Food the categories of persons in theforestry sector who availed of training coursesprovided by Coillte between 1998 and 2002,inclusive; the numbers involved in each category;and if she will make a statement on thematter. [28702/05]

Minister for Agriculture and Food (MaryCoughlan): I propose to take Questions Nos. 609and 610 together.

Tables giving details of the categories andnumbers of those who availed of courses pro-

vided by Coillte in each of the calendar yearsrequested are being compiled and will be for-warded to the Deputy as soon as possible. I havebeen advised by Coillte that persons from theharvesting sector were not excluded from the har-vesting training provided by Coillte in the periodin question. Coillte does not provide trainingspecifically for the haulage sector.

Disadvantaged Areas Scheme.

611. Mr. Ring asked the Minister for Agri-culture and Food when a person (detailssupplied) in County Mayo will receive theirdisadvantaged area payment. [28603/05]

Minister for Agriculture and Food (MaryCoughlan): An application under thedisadvantaged areas scheme was received fromthe person named on 16 May 2005. Followingcomputer validation, the application of the per-son named was randomly selected for, and wasthe subject of, a ground inspection. The resultsof this inspection are being communicated to theperson named.

Milk Quota.

612. Mr. Neville asked the Minister for Agri-culture and Food her views on whether allocationof a milk quota under the restructuring schemeusing age as a criteria is age discrimination.[28732/05]

Minister for Agriculture and Food (MaryCoughlan): The purpose of the new entrant orrecent entrant category under the milk quotarestructuring scheme is to encourage the assimi-lation of younger farmers into dairying in orderto provide for the future development of the sec-tor in circumstances where successors to existingdairy farmers are less available than heretofore.In common with other such schemes, it is neces-sary to establish criteria to limit the applicabilityof such measures so that their specific objectivesare met. In this case, some 25% of the restructur-ing quota pool has been reserved for applicantsunder the age of 35 years.

The scheme makes an important contributionto securing the commitment to dairying of thenext generation of producers and complementsother policies that seek to make careers in farm-ing more attractive for younger farmers. Suchpolicies are neither discriminatory nor unfair.Rather, they are targeted measures that indirectlybenefit the farming sector by supporting its futuredevelopment. They are necessary incentives tomaintaining the commitment of young trainedfarmers in the sector against the competing andexpanding range of alternative opportunities forthem outside of farming. The policy of providing


specific incentives to young farmers has the sup-port of all farm organisations.

Disadvantaged Areas Scheme.

613. Mr. Deenihan asked the Minister for Agri-culture and Food when area based payments willbe awarded to a person (details supplied) inCounty Kerry; and if she will make a statementon the matter. [28757/05]

Minister for Agriculture and Food (MaryCoughlan): An application under thedisadvantaged areas scheme was received fromthe person named on 16 May 2005. Followingcomputer validation, a payment of \1,205.17issued to the person named on 23 September 2005and a further payment, amounting to \2,014.19,will be made shortly to bring the total payment tothe named person under the disadvantaged areasscheme to \3,219.36.

614. Mr. Crawford asked the Minister for Agri-culture and Food when a person (detailssupplied) in County Monaghan will be awardedtheir area aid headage payment; and if she willmake a statement on the matter. [28976/05]

Minister for Agriculture and Food (MaryCoughlan): An application under thedisadvantaged areas scheme was received fromthe person named on 10 May 2005. Followingcomputer validation, it was found that one parcelwhich had been included by the person namedon his application had also been included on theapplication of another scheme applicant.

The person named was written to on 1September 2005 and asked to confirm his rightto claim the parcel in question or otherwise. Ifclaiming the right to this parcel, the personnamed was requested to provide a copy of LandRegistry deeds, or a copy of a lease or rentalagreement, that clearly shows entitlement to thisparcel. In response, by letter received 7September 2005, the person named confirmedthat he was not entitled to claim the parcel inquestion. The application of the person named isnow being processed further by my Department.

Grant Payments.

615. Mr. Crawford asked the Minister for Agri-culture and Food when a person (detailssupplied) in County Monaghan will be awardedtheir area aid headage payment; and if she willmake a statement on the matter. [28977/05]

Minister for Agriculture and Food (MaryCoughlan): An application under thedisadvantaged areas scheme was received fromthe person in question on 14 April 2005. Follow-ing computer validation, it was found that two

land parcels, which had been claimed by the per-son in question, were also the subject of a claimby another scheme applicant. The person in ques-tion was, therefore, written to on 7 September2005 and asked to confirm his right to claim theparcels in question, or otherwise. If claiming theright to these parcels, the person named wasrequested to provide a copy of Land Registrydeeds, or a copy of a lease or rental agreement,that clearly shows his entitlement to these parcels.While a reply was received from the person inquestion on 15 September 2005, the reply wasincomplete in that it did not confirm entitlementto claim one of the parcels concerned, nor wereany of the documents sought from the personnamed provided. Accordingly, the person namedhas again been written to, asking that the ques-tions raised be specifically addressed.

616. Mr. Ring asked the Minister for Agri-culture and Food when a person (detailssupplied) in County Mayo will receive the grantpayment for a slatted shed. [29024/05]

Minister for Agriculture and Food (MaryCoughlan): The person named is an applicantunder the farm waste management scheme. Pay-ment was made by the Department of Agri-culture and Food to the person concerned on 12October 2005.

Afforestation Programme.

617. Mr. Sargent asked the Minister for Agri-culture and Food the requirements for validappeals against afforestation permissions.[29188/05]

Minister for Agriculture and Food (MaryCoughlan): The forest service of the Departmentof Agriculture and Food operates a public consul-tation procedure for afforestation proposals inenvironmentally sensitive areas, as defined underthe European Communities EnvironmentalImpact Assessment (Amendment) Regulations,S.I. No. 538 of 2001. Observations and objectionsfrom prescribed bodies and from members of thepublic are invited and assessed. If, followingassessment, it is decided to approve the proposedafforestation, each of the parties who objectedoriginally is notified in writing of the decision toproceed. Appeals against that decision must belodged within 21 days of receipt of the notifi-cation from the forest service.

All appeals must be made in writing, settingout the grounds of appeal and addressed to theappeal unit, forest service, the Department ofAgriculture and Food, Johnstown Castle Estate,County Wexford.


Departmental Staff.

618. Mr. Sargent asked the Minister for Agri-culture and Food the staffing details of the for-estry appeals unit set up in January 2002 to pro-cess appeals against decisions of her Departmentto approve afforestation projects; the number andcircumstances of the cases it has considered; andthe results of these appeals, together with theirreasons. [29189/05]

Minister for Agriculture and Food (MaryCoughlan): The appeals procedure is handled byan administrative unit of the forest service. Theunit is staffed by one higher executive officer,50% of time and one clerical officer. The appealscommittee comprises a senior inspector and anassistant principal officer.

The unit deals with two main categories ofappellants. There are applicants whose proposalsfor afforestation have either been rejected ormodified, or who are dissatisfied with anydecision made in their entitlements under the for-estry grant and premium schemes. There are thirdparties who, having previously been consulted,object to a subsequent decision to approve affor-estation in certain areas. The majority of appealsfall into the first category.

Eight appeals against decisions to approveafforestation have been considered. The groundsfor objection include a range of issues, such asenvironmental, amenity, economic and ecologicalconcerns. The following table provides details ofthe appeals to-date against decisions to approvesuch afforestation projects.

Year Number Upheld Withdrawn NotUpheld

2002 3 3

2003 1 1

2004 1 1

2005 3 1 2

Each case under appeal is re-examined and anon-site inspection is carried out if necessary.Independence and quality of decisions areassured by the fact that inspections and adjudi-cation on appeal cases are carried out by seniorstaff not previously involved in making the orig-inal decision.

Appeals System.

619. Mr. Sargent asked the Minister for Agri-culture and Food if, as stated by An Taisce, herDepartment is not conforming to paragraph 13,Part V of S.I. No. 538 of 2001(details supplied) inview of the fact that to inform an objector mayresult in the loss of their statutory right to appealwithin the legal timeframe available or to reviewsuch a decision through the courts within theirstrict timeframes. [29190/05]

Minister for Agriculture and Food (MaryCoughlan): Under the consultation procedureoperated under S.I. No. 538 of 2001 a specifiedstatutory body or a member of the public mayobject to approval of an afforestation project in adesignated environmentally sensitive area. Theirobservations and objections are taken into con-sideration in the deliberations of the forestservice on the proposal.

If, following assessment, it is decided toapprove the proposed afforestation, each of theparties who objected originally is notified in writ-ing of the decision to proceed. The standard noti-fication is made in full compliance with the pro-visions of paragraph 13 of the statutoryinstrument, including all prescribed information.


620. Mr. Sargent asked the Minister for Agri-culture and Food the details of the forthcominglegislation her Department started in 2002 toprovide for a statutory basis for the appealsagainst decisions to permit afforestation.[29191/05]

Minister for Agriculture and Food (MaryCoughlan): There have been significant changesin the forestry sector in recent years and a com-prehensive review of forestry legislation isunderway. When that process is concluded, thedrafting of a forestry bill to update and amendthe Forestry Act 1946 will be finalised. The pro-vision of a statutory basis for all appeals, includ-ing appeals against approvals to plant, is beingconsidered in the context of the proposed Bill.

Grant Payments.

621. Mr. J. Breen asked the Minister for Agri-culture and Food the reason a person (detailssupplied) in County Clare is experiencing enor-mous problems having their entitlementsaccessed; and if she will make a statement on thematter. [29192/05]

Minister for Agriculture and Food (MaryCoughlan): The person named was not an appli-cant under the livestock premia and/or arable aidschemes during 2000 to 2002 or earlier during1997 to 1999. Consequently, no entitlementsunder the single payment scheme have beenestablished for the person named. The Depart-ment of Agriculture and Food does have a recordof an application from the person named for con-solidation of entitlements. However, since thereare no entitlements established it is not possibleto consolidate. My officials have been in contactwith the person in question on the submission ofa 2005 single payment scheme application form.

The person named submitted an application tothe 2005 single payment scheme national reserve


under category D which caters for farmers whocommenced farming after 31 December 2002 orwho commenced farming in 2002 but whoreceived no direct payments in respect of thatscheme year. Applications for an allocation ofentitlements from the national reserve werereceived from over 17,500 farmers. Processing ofthese applications is continuing and the intentionis to make allocations to successful applicants by1 December next. The Department will be intouch with individual applicants as soon as theirapplications are fully processed.

Departmental Staff.

622. Mr. P. McGrath asked the Minister forAgriculture and Food the rates of overtime oradditional allowances payable to staff who workin her Departments press office in respect of per-sons being on call and their additional attendanceat work before or after normal hours; and if shewill make a statement on the matter. [29300/05]

Minister for Agriculture and Food (MaryCoughlan): The press officer is paid an allowanceof \7,500 per annum. No other allowances arepaid to staff in the press office. Overtime, whenit arises, is paid at normal Civil Service rates.

623. Mr. P. McGrath asked the Minister forAgriculture and Food the amounts of ex gratiapayments made to staff in her Department’s pressoffice in respect of persons being on-call and theiradditional attendance at work before or after nor-mal hours; and if she will make a statement onthe matter. [29315/05]

Minister for Agriculture and Food (MaryCoughlan): No ex gratia payments are made tostaff in the Department of Agriculture andFood’s press office in respect of on-call oradditional attendance other than an allowance of\7,500 paid to the press officer.

624. Mr. P. McGrath asked the Minister forAgriculture and Food the amount of compensa-

Year Course Undertaken Comment

2003 Policy Analyst Trainee Programme with Dept. of 2 officers participated in a Masters Programme in PublicFinance and IPA/UCD Policy Analysis under Department of Finance Circular

13/2003 Course successfully completed in 2005

2005 Policy Analyst Trainee Programme with Department Three Officers are participating in a Masters Programme inof Finance and IPA/UCD Public Policy Analysis under Department of Finance

Circulars 17/2005 and 18/2005

2005 Accountancy Qualification with Institute of One officer was given 63 days paid leave for study and examChartered Accountants in Ireland purposes. Results pending

2005 Bachelor of Arts in Rural Development One officer was given three days a week unpaid leave wef18/10/04 to 17/6/05

Doctorate — Glasgow University One officer on career break wef 1/7/02 to 30/1/05 Nowresumed full-time duty

tory leave granted or due to be granted to staffin her Department; the individuals to whom theywere granted in respect of additional attendanceat work before or after normal hours of attend-ance; and if she will make a statement on thematter. [29330/05]

Minister for Agriculture and Food (MaryCoughlan): Responsibility for approval of leave isa matter for line managers in the Department ofAgriculture and Food. It is not possible to collatethe information requested by the Deputy withinthe available timeframe.

625. Mr. P. McGrath asked the Minister forAgriculture and Food if the personnel files ofstaff in her Department have been copied orgiven to external parties; if so, the safeguardswhich have been put in place to ensure that nopersonal data of any member of staff in herDepartment will be released to third parties; andif she will make a statement on the matter.[29345/05]

Minister for Agriculture and Food (MaryCoughlan): The personnel files in the Depart-ment of Agriculture and Food are confidentialand are not copied or given to external parties.

626. Mr. P. McGrath asked the Minister forAgriculture and Food the number of staff in herDepartment to whom leave of absence, or anyother absence from normal duties or place ofwork, in excess of two months was granted foreducational purposes in any year since 2002; thenature of the educational course undertaken ineach case; if there are terms or conditions relatingto academic achievement attached to the grantingof such leave; if personnel who were granted suchleave failed to complete their courses; and if shewill make a statement on the matter. [29360/05]

Minister for Agriculture and Food (MaryCoughlan): The following table gives the break-down of leave of absences granted for edu-cational purposes in the Department of Agri-culture and Food.


627. Mr. P. McGrath asked the Minister forAgriculture and Food the number of staff whoapplied for a refund of course fees in respect ofcourses undertaken at night or evenings; thevalue of refunds expected to be made by herDepartment in 2005; the number of staff to whomapproval to attend a course was granted in thelast academic year but did not subsequently applyfor the refund; and if she will make a statementon the matter. [29375/05]

Minister for Agriculture and Food (MaryCoughlan): In the Department of Agriculture andFood, 185 staff applied for a refund of course feesin respect of courses undertaken at night or in theevenings during the 2004-05 academic year. Thesum of \254,497 in refunds has been made to datein 2005. It is estimated that \70,833 remains to bepaid in 2005. A total of 30 staff was approved toattend courses during the 2004-05 academic year,but did not subsequently apply for a refund.

628. Mr. P. McGrath asked the Minister forAgriculture and Food the proportion of herDepartment’s training budget that is spent onrefunds to staff in respect of night-time or week-end study courses; the list of all courses fundedby her Department in the past three years; and ifshe will make a statement on the matter.[29390/05]

Minister for Agriculture and Food (MaryCoughlan): The Department of Agriculture andFood administers the refund of academic feesscheme, under which staff can claim fee refundsin respect of attendance at, and completion of,approved second and third level courses. A list ofcourses funded by the Department of Agricultureand Food in the past three years is set out on theattached schedules. In 2004, 12.4% of the totalstaff training and development budget was spenton the refund of academic fees scheme, to datein 2005, 10.6% of this budget has been spent onthis scheme.

The following is a list of courses funded underthe refund of academic fees scheme for the lastthree years, 2002-2004, inclusive: advanced dip-loma in PC applications; Association of Char-tered Certified Accountants course; BA degree(economics and French); BA in accounting andfinance; BA in business studies; BA in healthstudies-psychology-sociology; BA in history andEnglish; BA in international studies; BA in publicadministration; BA in public management; BA intraining and education; BA degree in humanities;BA local and community studies degree; BAmodular arts degree; Bachelor in business studies;bachelor of laws LLB; bachelor of science degreein rural development; bachelor of technology;barrister at law degree; BBS accounting GMITGalway; BBS degree in human resources; BBSDegree in information systems management;

BBS degree (accounting stream); BBS diploma inIT; BBSc in industrial relations-human resources;BCL-evening law programme; BSc Degree in IT;BSc in chemical sciences; BSc in informationtechnology and computing; BSc in natural-environmental science; BSc in technology man-agement; business management course (financeand information); certificate in animal welfare,science, ethics and law; certificate in businessadministration-business law; certificate in busi-ness studies; certificate in managing change; cer-tificate in public management; certificate in qual-ity management; certificate in SupervisoryManagement; certificate in technology (computerapplications); certified accounting technicianprogramme; certified payroll technician; char-tered accountant exams; computing and math-ematical sciences; cpa accountancy; cpd eu law;data computing and information; degree inaccounting and finance; degree in business studies(it stream); diploma in accounting and finance;diploma in applied European law; diploma inbusiness studies; diploma in chemistry; diplomain computer applications; diploma in computerscience; diploma in European law; diploma infirst line management; diploma in humanresource development; diploma in Irish; diplomain legal studies (degree); diploma in managementand employee relations; diploma in meat tech-nology; diploma in people management; diplomain politics and government; diploma in projectmanagement; diploma in public relations; dip-loma in supervisory management; diploma in sus-tainable rural development; diploma in veterinaryepidemiology and public health; diploma of Fel-lowship of the Royal College of Veterinary Sur-geons; diploma in personal management; execu-tive Masters of business administration;foundations of senior management; GCSE Span-ish; graduate diploma in media development ineducation; IATI technician course internationalstudies course; introduction to European law;leaving certificate honours Irish; legal practicecourse; LLM environmental law and manage-ment; MA in agricultural economics; MA in foodsafety management; MA in public management;MA in rural development; master of veterinarymedicine; MSc by research (biology); Msc in agri-cultural economics; MSc in agriculture; MSc inanimal health and production; MSc in develop-ment management; MSc in education and trainingmanagement; MSc in environmental health riskmanagement; MSc in European food regulatoryaffairs; MSc in food safety management; MSc infood science and technology; MSc in GIS; MSc inlivestock, health and production; MSc in manage-ment of operations; MSc in quality assurance;MSc in veterinary epidemiology and publichealth; MSc masters in project finance and ven-ture management; national certificate in businessstudies; national certificate in public manage-ment; NUI accredited finance course at IPA;


Open University law degree; Oscail arts degree;pathology postgraduate; PhD — salmonella inpigs; PhD (Scrapie); PhD at the National Collegeof Ireland; PhD in agriculture; PhD in biologicalmolecular sciences; PhD in neospora caninuminfection; PhD in veterinary medicine; PhD inscience; postgraduate diploma in biomedicalsciences; postgraduate diploma in developmentmanagement; preparatory course for Law Societyof Ireland; rural environmental conservation;STRATEGY- Module 2 of MBA course; teacherdiploma in information technology; thesis for amasters degree by research; certificate in projectmanagement; MSc graduate diploma in Internetsystems; and a core network skills course.


629. Mr. P. McGrath asked the Minister forAgriculture and Food the amount spent by herDepartment on briefcases; the amount refundedto staff in her Department in respect of purchasesof briefcases; the number of staff who havereceived briefcases; the number of staff who havereceived refunds for briefcases they purchased;the largest single amount paid or refunded inrespect of one briefcase; and if she will make astatement on the matter. [29405/05]

Minister for Agriculture and Food (MaryCoughlan): The Department of Agriculture andFood has spent a total of \6,139.88 on 191 brief-cases since 1 January 2003. These briefcases havebeen supplied to officers of the Department forofficial use in the course of their duties. Thepolicy within the Department is to purchase brief-cases centrally and provide them to areas onappropriate requisition for official business. Wedo not reimburse staff who have personally pur-chased briefcases. The unit cost of the mostexpensive briefcase purchased in this period was\131.89.

630. Mr. P. McGrath asked the Minister forAgriculture and Food the number of personaldigital assistants provided to staff in her Depart-ment; the cost of same; the cost of the mostexpensive personal digital assistant purchased todate; the grades to which these devices are issued;if personal digital assistants are issued as a matterof course or are subject to preparation of a busi-ness case which is subsequently scrutinised; if so,by whom the final decision on allocation of per-sonal digital assistants is made; and if she willmake a statement on the matter. [29420/05]

Minister for Agriculture and Food (MaryCoughlan): My Department has purchased some85 PDA devices for over 4,000 staff. The vastmajority cost of some \600 each and the mostexpensive was approximately \735. The majorityof these devices were purchased in 2001. Since

then, the purchase price of such devices hasreduced significantly.

Policy regarding issuance of PDA devices wasconsidered and set by the e-Government assistantsecretary group, a subgroup of the MAC in myDepartment. The policy requires the preparationof a business case that is scrutinised and decidedat assistant secretary general level. The majorityof devices were provided on a case by case basisto senior management.

631. Mr. P. McGrath asked the Minister forAgriculture and Food the number of staff in eachgeneral service and department grade in herDepartment who have been exempt for a periodin excess of six months from attending meetings,dealing with correspondence, dealing with tele-phone queries, home or foreign travel, using com-puters or other duties by virtue of a medical cer-tificate; if such long-term exemptions fromnormal duties are fair to other staff who mustpick up the extra work; if they provide the tax-payer with good value for money; if such exemp-tions or certificates have been reviewed by thechief medical officer; and if she will make a state-ment on the matter. [29435/05]

Minister for Agriculture and Food (MaryCoughlan): In so far as I can ascertain in the time-frame available there are no staff in my Depart-ment who may be exempt from normal dutiessuch as attending meetings, dealing with corre-spondence and telephone queries, home or for-eign travel or using computers by virtue of amedical certificate for a period of six months.

Waste Management.

632. Mr. Sargent asked the Minister for Agri-culture and Food her plans to resolve thesituation where farmers, having paid a levy onbale wrap plastic, have had no service whereproper waste management of plastics is a con-dition of REPS payments; and the measures shewill take to restore the service. [29442/05]

Minister for Agriculture and Food (MaryCoughlan): The disposal of waste materials gen-erally is covered by the Waste Management Acts,1996-2005, which apply to all sectors of societyincluding the agricultural sector, and is a matterfor the Minister for the Environment, Heritageand Local Government.

Under the Waste Management (Farm Plastics)Regulations 2001, manufacturers and importersof farm plastics, including silage bale wrap andsheeting, are required to take steps to recoverfarm plastics waste which they have placed on themarket, or alternatively to contribute to, and par-ticipate in, compliance schemes to recover thewaste in question. The Irish Farm Film ProducersGroup, IFFPG, is currently the sole approved


[Mary Coughlan.]

body in Ireland for the purposes of implementinga compliance scheme for the recovery of farmplastics waste. My Department has no involve-ment in the running of the scheme.

Participants in REPS are required to avail ofa recycling collection facility, such as the IFFPGscheme, where one exists, and to store such wasteplastics neatly and safely on the farm pending dis-posal. Officials of my Department who carry outon-farm inspections have been made aware thatsome farmers, for reasons outside their control,do not currently have access to the IFFPGscheme.


633. Mr. Gilmore asked the Minister for Agri-culture and Food the amount paid to a con-sultancy company (details supplied) in respect ofeach year since 2000; the details of each of thecontracts and services provided; the nature of the

controls applied in the procurement process orprocesses; if she has satisfied herself that valuefor money has been achieved in each case; and ifshe will make a statement on the matter.[29458/05]

Minister for Agriculture and Food (MaryCoughlan): The Department has availed of sub-scription services from the company for access toindependent research. The Department has usedthis subscription service as a source of infor-mation in relation to the Department’s ICTstrategy, individual products and project specifictechnology issues. Given the scale and complexityof the Department’s ICT, the budgets involved,and the long-term implications of decisions taken,access to quality independent advice is regardedas essential. While the company also providesconsultancy the Department has not purchasedany consultancy from the company.

Details of the contracts are provided on theattached tabular statement.


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Tot

al33

3,15

2.46


634. Mr. Gilmore asked the Minister for Agri-culture and Food the amount paid to a con-sultancy company (details supplied) in respect ofeach year since 2000; the details of each of thecontracts and services provided; the nature of thecontrols applied in the procurement process orprocesses; if she has satisfied herself that valuefor money has been achieved in each case; and if

she will make a statement on the matter.[29473/05]

Minister for Agriculture and Food (MaryCoughlan): Please see attached tabular statement.The vast majority of items in the table relate tocontracted software development resourcesrather than consultancy.


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Beef Imports.

635. Mr. P. McGrath asked the Minister forAgriculture and Food the amount of beefimported in to the EU and Ireland from Brazil;the measures she proposes to protect the foodsupply here in view of the recent disease prob-lems in Brazil. [29537/05]

Minister for Agriculture and Food (MaryCoughlan): Following confirmation of an out-break of foot and mouth disease in cattle and pigson a farm in the Eldorado district of Mato Grossodo Sul in the southern part of Brazil, the Euro-pean Commission presented a proposal on 12October to suspend imports of de-boned andmatured beef from the regions of Mato Grossodo Sul, Parana, and also Sao Paulo.

The Commission extended the scope of themeasure to include the region of Sao Paulo onthe basis of concerns in relation to the possiblemovement of animals from the area where theoutbreak occurred. The proposal was adopted ata meeting of the standing committee on the foodchain and animal health at which my Departmentis represented. Accordingly beef produced in theaffected regions from cattle slaughtered since 29September 2005 may not now be traded. Themeasures have immediate effect throughout theEU and are being applied to direct imports ofbeef by my Department’s approved borderinspection posts.

I am satisfied that the action taken is theappropriate response to the recent outbreak ofFMD in Brazil. I will keep the position underclose review in conjunction with the European

Imports of Beef into Ireland: Non-EU Countries

Country of Origin 2000 2001 2002 2003 2004 Up to July 2005

Algeria 20

Argentina 59 223 94 64 93

Australia 10

Bangladesh 1

Bahrain 24

Bosnia & Herzegovina 2

Brazil 2,167 3,335 3,908 5,295 6,588 4,645

Canada 2

Egypt 3,891

Iceland 11

Indonesia 163

Japan 375

Namibia 188

Nicaragua 3

Norway 3

New Zealand 1 0 0 18

Poland* 225

Philippines 26 9

Commission and other Member States. Theimplementation of this decision will have a verysignificant impact on exports of beef from Brazilto the EU.

Direct imports of beef from Brazil into: (a)Ireland and (b) the EU in recent yearsamounted to:

(a) (b)

2000 2,167t 88,087t

2001 3,335t 101,466t

2002 3,908t 117,160t

2003 5,259t 141,422t

2004 6,588t 169,978t

636. Mr. P. McGrath asked the Minister forAgriculture and Food the amount and country oforigin of all meat and meat products importedinto Ireland from outside the EU. [29538/05]

Minister for Agriculture and Food (MaryCoughlan): The Central Statistics Office isresponsible for the collection of statistics inrelation to imports of meat and meat products.The attached tables, which were compiled fromdata supplied by that office, set out the detailsrequested by the Deputy. In relation to the tablesit should be noted that, in certain cases, therecord of import may include the re-import ofIrish products that were originally the subject ofan export from this country, and, while everyeffort is made to ensure accuracy, these returnsmay stand to be adjusted marginally as data isrechecked by the CSO.



Romania 1

Saudi Arabia 340

South Africa 24 0

Syria 10

Thailand 24

Togo 0 0

Uruguay 236 115 666 13

USA 18 0 74 10

Totals 2,404 8,385 4,997 5,523 6,897 4,768

Note: 0 denotes imports of less than 1 tonne.Source: CSO.* Member State from 1 May 2004.

Imports of Pigmeat into Ireland: Non-EU Countries


Argentina 53 19 5

Australia 0

Bangladesh 1 0

Ivory Coast 4

Canada 0

Chile 232

China 0 4 0 0 24 13

Georgia 1

Hong Kong 0 0 0

Hungary* 7 3 0 0

Iran 0 1

Japan 578 50

Latvia* 330

Lithuania* 7 30 10

North Korea 20 8

Malta 0

Mali 46 2

Morocco 0 2

New Zealand 0

Poland* 88

Romania 1 1 1 3

South Africa 0

Switzerland 63

Thailand 1 0 1

Togo 67 21

USA 71 35 52 16 256 68

Vietnam 0 138 78

Totals 265 670 68 100 911 397

Note: 0 denotes imports of less than 1 tonne Source: CSO* member State from 1 May 2004


Imports of Poultry into Ireland: Non-EU Countries


Bangladesh 1,401

Bosnia & Herzegovina 318

Brazil 301 934 1,165 1,694 1,729 1,072

Ivory Coast 14 6

Chile 1 20 48 25 51 221

China 1 2

Czech Republic* 0 2

Faroe Islands 0

Gabon 42 0

Gambia 9 1

Georgia 1 2 6

Hungary* 21 40 1

India 2

Israel 74 117 110

Japan 45

Namibia 4

Niger 37 12

Nicaragua 8 208 284 68

Pakistan 11

Philippines 1 0

Poland* 71

Romania 1

Slovenia* 9

Switzerland 24 220 35

Thailand 312 692 1,225 1,191 2,868 2,750

Togo 4 1

Turkey 2 2

USA 0

Totals (provisional) 772 3,568 2,810 3,323 4,953 4,090

Note: 0 denotes imports of less than 1 tonne Source CSO* member State from 1 May 2004

Imports of Mutton into Ireland — Non-EU Countries


Australia 8 46 70 94 39

Brazil 18 22

China 4

New Zealand 427 380 458 256 629 199

Peru 2

Turkey 198 250 340 85

USA 47

Unclassified 13

Totals 500 624 778 712 772 199

Source: CSO.

Penalty Points System.

637. Ms O. Mitchell asked the Minister forJustice, Equality and Law Reform when the com-puterisation of the penalty points system will be

completely operational and fully integrated withthe national driver file, the PULSE system andthe courts service records. [28616/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The fixed charge processing


system is operational in Dublin, Cork city andparts of Louth and Meath. The FCPS is currentlyintegrated with the national driver file and withthe Courts Service system. Integration withPULSE is planned to go live in April next.

The system will be extended nationwide inrespect of existing penalty point offences in con-junction with the commencement of an out-sourced fixed charge payment collection service.Subject to finalisation of contract negotiationsbetween the Department and the preferredservice provider, rollout will commence laterthis year.

In addition, it is proposed to roll out additionalpenalty point offences under regulations underthe Road Traffic Act 2002 which will be preparedby the Department of Transport in consultationwith my Department.

Visa Applications.

638. Mr. Quinn asked the Minister for Justice,Equality and Law Reform the types of visa avail-able to non-nationals wishing to enter the State;the minimum and maximum durations for whichit can be issued for each type of visa; the auth-orities who can issue these visas; if the holder ispermitted to seek or obtain employment withinthe State; the restrictions in the range of personswho may be issued with these visas; the cost ofthe visas; the number issued in 2003, 2004 and todate in 2005 broken down by year for each typeof visa listed; and if he will make a statement onthe matter. [28773/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): First not all travellers to theState require a visa. The list of states whose citi-zens do not require an Irish visa is contained inSchedule 1 of the Immigration Act (Visas) Order2005. All other nationals must be in possession ofa valid Irish visa each time they travel to theState.

The granting of an Irish visa is, in effect, onlya form of pre-entry clearance enabling a visa-required national to travel to the State for thespecific purpose stated. A visa does not grant per-mission to enter the State and visa holders aresubject to normal immigration control at the portof entry. The actual permission to enter the Stateis given by the immigration officer at the port ofentry who will also indicate the duration of staypermitted.

Irish visas are sought for a wide variety of pur-poses, such as holidays, a visit, business, con-ference, employment, exam, interview, to joinfamily, medical reasons, sports tournaments,study, training, etc. The period of validity of anIrish visa, i.e. the time during which it can be usedto travel to the State, is generally three months,but this may be reduced or increased havingregard to circumstances of particular cases.

There are two types of visa: a C visa, where thetraveller is proposing to remain in the State for amaximum period of up to three months and a Dvisa, where the traveller is proposing to remainfor extended periods over three months. Thestated purpose of journey will be indicated onthe visa.

Applications for visas must normally be madethrough the Irish embassy or consulate in theapplicant’s country of permanent residence or, ifthere is no embassy or consulate, through theapplicant’s reference in Ireland or direct by postto the visa office of the Department of ForeignAffairs. The question of visa fees is a matter forthat Department and I understand their currentfees are: single journey visa, \60.00; multiple jour-ney visa, \100.00; and transit visa, \25.00.

The Department of Foreign Affairs has beengiven delegated sanction to approve visas in awide variety of circumstances and in fact the vastmajority of visa applications are approved underthis delegated sanction without reference to myDepartment. Applications not within the del-egated sanction are referred to my Departmentfor processing. The actual issuing of the visas, i.e.the affixing of the visa sticker into the passportof the prospective traveller, is the responsibilityof the Department of Foreign Affairs. I aminformed that the number of visas issued by theDepartment of Foreign Affairs over recent yearsis as follows; 104,900 in 2002; 120,200 in 2003;113,550 in 2004; and 104,100 to date in 2005.These visas are issued by the extensive networkof Irish embassies and consulates around theworld. The Department of Foreign Affairs is notin a position to provide a breakdown of the var-iety of visas issued.

Access to employment in the State by non-nationals comes under the remit of the Depart-ment of Enterprise, Trade and Employment. Anational of a country outside the European Econ-omic Area who wishes to come to Ireland to workrequires the authorisation of the Department ofEnterprise Trade and Employment, normally awork permit. There is however a concessionwhereby non-national students registered asattending a course of study leading to a qualifi-cation recognised by the Department of Edu-cation and Science, a list of which courses is avail-able on www.education.ie, can enter part-timecasual employment, defined as up to 20 hours perweek or full-time work during normal collegevacation periods.

639. Mr. Quinn asked the Minister for Justice,Equality and Law Reform the criteria, restric-tions and applicability of a single journey jointspouse bearer only D visa. [28775/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The granting of an Irish visa is,in effect, only a form of pre-entry clearance


[Mr. McDowell.]

enabling a visa required national to travel to theState for the specific purpose stated. A visa doesnot grant permission to enter the State and visaholders are subject to normal immigration controlat the port of entry. The actual permission toenter the State is given by the ImmigrationOfficer at the port of entry who will also indicatethe duration of stay permitted.

The type of visa as referred to by the Deputyenables the holder to travel to the frontiers of theState and to seek permission to enter and residein the State on the basis indicated on the visa,that is, to join his or her spouse. The term D visaindicates to the immigration authorities that thevisit is not short term in nature. The endorsement“Bearer Only” indicates that the visa is valid forthe passport holder only and does not cover anypersons travelling with the holder.

A single journey visa is valid for one journeyto the State. Should the holder subsequently wishto depart the State and return on a later date theywill require a re-entry visa. A re-entry visa can beobtained prior to departing the State from thevisa office of the Department of Foreign Affairsin Burgh Quay, Dublin 2.

Garda Deployment.

640. Ms O. Mitchell asked the Minister forJustice, Equality and Law Reform if the 33additional gardaı allocated to the traffic corps arebased entirely in Dublin; and if not, the way inwhich the numbers are distributed to other Gardadivisions. [28606/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I have been informed by theGarda authorities, which are responsible for thedetailed allocation of resources including person-nel, that there have been 33 additional gardaıallocated to the Traffic Corps to date in 2005.

The additional personnel were allocated asfollows:

Division Personnel Allocated

Carlow/Kildare 3 Gardaı

Clare 1 Garda

Cork City 1 Inspector

Donegal 2 Gardaı

Limerick 1 Garda

Roscommon 1 Garda

Sligo/Leitrim 1 Garda

D.M.R. East 1 Garda

D.M.R. Traffic 15 Gardaı

Laois/Offaly 1 Garda

Louth/Meath 1 Sergeant + 5 Gardaı

641. Mr. J. O’Keeffe asked the Minister forJustice, Equality and Law Reform if, in relationto contracts for Garda uniforms there is arequirement on the part of the tendering contrac-tors to provide for a modern traceability systemand to provide for the disposal of used Garda uni-forms; and if he will make a statement on thematter. [28607/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I have been informed by theGarda authorities that the recent contract for thesupply and fit of the Garda uniform did notinclude the provision for a tracking system or arequirement for the disposal of used uniforms. Ihave been further informed that there is alreadya contract in place for the disposal of used uni-forms and that the management of the trackingof these used uniforms for disposal is theresponsibility of local Garda management.

Departmental Funding.

642. Ms O. Mitchell asked the Minister forJustice, Equality and Law Reform the steps hehas taken to establish a commission for victimsfurther to his decision to discontinue direct fund-ing for Victim Support; the amount of funding thecommission has provided to Victim Support; andif he will make a statement on the matter.[28652/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I established the Commissionfor the Support of Victims of Crime in March2005 with a remit to devise an appropriate sup-port framework for victims of crime into thefuture and disburse funding for victim supportmeasures.

The commission’s term of office is for threeyears and its members are Mr. Jim Mc Hugh,retired assistant commissioner — Chairman, MsNora Owen, former Minister for Justice, Equalityand Law Reform, Mr. Sean Lowry, former headof the probation and welfare service, Mr. MichaelWhelan, Gemini Consulting and Ms MarianFinucane, broadcaster.

The commission’s remit includes the examin-ation of all aspects of the provision of services forvictims of crime within the criminal justicesystem. These provisions are currently set out inthe victims charter which was last updated in1999.

In addition, the commission will supervise thedisbursement of funds to community and othervoluntary groups providing victim services, with aparticular emphasis on the funding of activitieson the ground that provide direct supports forvictims of crime. I am advised that the com-mission has received over 60 applications forfunding for measures to support victims of crimein response to a public advertisement earlier this


year. The commission examines each applicationon its merits and makes an independent decisionin relation to eligibility for funding. I understandthat these included independent applicationsfrom a number of former elements of the VictimSupport organisation including a group of tenbranches that have formed a new federation forvictim assistance, as well as the interim board ofvictim support. It should be noted that I decidedto terminate funding for the Victim Supportorganisation with effect from 31 March 2005because of reductions in service levels and con-cerns in relation to governance, accountabilityand value for money arising from ongoinginternal difficulties in that organisation andbecause an independent review, carried out earlyin 2005, concluded that the organisation was ter-minally damaged.

I understand that the commission has arrangedto meet with the interim board of victim supporttoday, 18 October, in order to discuss their appli-cation for funding. As with every other groupconsidered for funding, the commission will haveto satisfy itself in regard to governance, account-ability and value for money issues in coming toits decision.

The Deputy may be interested to note that thecommission has already agreed to make fundingavailable to the national crime victims helpline, asingle low-call number manned by volunteers andproviding information on all services available tovictims of crime, the Rape Crisis Network; theWomen’s Aid Dublin, the Irish Tourist AdvisoryService, the Support after Homicide Group,Advic — a new organisation providing advocacyfor families of homicide victims — the Court Sup-port Service, which provides impartial practicalsupport for victims and witnesses in court pro-ceedings; Muintir na Tıre, follow-up support toelderly rural crime victims, ICPAC, the Irishcentre for parentally abducted children andCARI, services to child abuse victims.

A number of other applications are under con-sideration.

Garda Stations.

643. Mr. Allen asked the Minister for Justice,Equality and Law Reform the position regardingthe operational hours of Glanmire Garda stationin County Cork; and his plans to extend the oper-ational times of the station in view of the rapidlyincreasing population in the area. [28654/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I have been informed by theGarda authorities, who are responsible for thedetailed allocation of resources, including person-nel, that the personnel strength of GlanmireGarda station as at 14 October 2005 was 17, allranks. The personnel strength of Glanmire Gardastation as at 1 January 1998 was 14, all ranks. This

represents an increase of 3, or 21%, in thenumber of personnel allocated to GlanmireGarda station.

Glanmire Garda station is open to the publicfrom 10 a.m. to 6 p.m. Monday to Saturday. Italso opens from 12 noon to 1 p.m. on Sundays. Anew 24-hour mobile patrol system was introducedat the station in March 2005.

The extension of the opening hours at Glan-mire would only serve to confine additional per-sonnel to indoor duties and it is the view of theGarda authorities that such personnel would bedeployed more usefully on the beat.

I am informed that local Garda management issatisfied that the current arrangements in place inGlanmire are adequate to meet the currentpolicing needs of the area.

644. Mr. Allen asked the Minister for Justice,Equality and Law Reform the position regardingthe provision of a new Garda station in Glanmire,County Cork. [28658/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): As the Deputy is aware thereare plans to build a new Garda station in Glan-mire and to this end the Office of Public Workshas been asked to secure a suitable site. However,as with any new station, construction depends ona number of factors, including the availability offinancial and other resources and priorities withinthe Garda building programme.

I assure the Deputy that the accommodationrequirements of the gardaı at Glanmire are recog-nised and there will be no avoidable delay inaddressing them.

Anti-social Behaviour.

645. Mr. Gormley asked the Minister forJustice, Equality and Law Reform if his attentionhas been drawn to the re-emergence of seriousanti-social behaviour in flat complexes in thesouth-east Dublin area; if he has had discussionswith the Garda regarding this issue; the way inwhich he will deal with this serious problem; andif he will make a statement on the matter.[28659/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I am informed by the Gardaauthorities that local Garda management is con-stantly liaising with community groups to ensurethat matters of concern, in particular anti-socialbehaviour, are appropriately addressed. I amassured by the Garda authorities that anybreaches of the criminal law detected by gardaıare followed by swift action in dealing withoffenders. I understand that the flat complexes inthe south-east Dublin area and in particular thelocation referred to by the Deputy are regularlypatrolled by Gardai from the uniformed section,


[Mr. McDowell.]

detective unit, divisional crime task force, crimeprevention unit, Garda mountain bike unit, com-munity police and district drugs unit, with a viewto ensuring a concentrated and visible Gardapresence in the area concerned.

Visa Applications.

646. Mr. Hogan asked the Minister for Justice,Equality and Law Reform the number of visasissued to persons of Nigerian extraction in thepast two years; the purpose for which those appli-cations were successfully made; and if he willmake a statement on the matter. [28692/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I assume that the Deputy isrequesting the total number of visas issued toNigerian nationals over the past two years. Undera scheme known as delegated sanction, theDepartment of Foreign Affairs issue the vastmajority of visas without reference to my Depart-ment. These visas fall into a limited number ofcategories and in general are cases where theapplication is straightforward and there is noappreciable immigration risk. Less straight-forward cases are referred to my Department fordecision. In addition, my Department operatesdedicated visa offices in Moscow and Beijingwhich have the authority to decide all visa appli-cations received in those offices.

The visa system by its very nature is widely dis-tributed around the world. While each Irish mis-sion throughout the globe maintains its ownrecords of visas issued, and is required to submitthese records on a regular basis to the Depart-ment of Foreign Affairs in Dublin, there is notany central method for storing the type of specificstatistical data requested by the Deputy. Conse-quently it is not possible to provide a total figurefor all visas issued to Nigerian nationals in alllocations throughout the world. However, out ofthe total number of applications processed by thevisa offices of my Department in Dublin, Moscowand Beijing, 677 visas were approved for Nigeriannationals in 2004; 466 visas have been approvedto date in 2005 for Nigerian nationals, in the threelocations. For the same reasons as outlined aboveit is not possible to break down the figures abovefor 2004 into the different types of visas appliedfor.

Since the start of 2005 however, my Depart-ment has introduced an interim system toproduce limited statistical information for visarelated matters. Based on the information avail-able, the top five types of visas that have issued toNigerian nationals to date in 2005, by the Dublin,Moscow and Beijing offices of my Departmentare as follows: visit, with 141 issued; join spouse,with 68 issued; join parent, with 64 issued; study,with 51 issued; re-entry, with 40 issued. All others

amounted to 102. These figures do not includethose visas issued by the Department of ForeignAffairs under the delegated sanction scheme.

Garda Complaints Procedures.

647. Aengus O Snodaigh asked the Minister forJustice, Equality and Law Reform the number ofcomplaints against members of the Garda Sıoch-ana concerning discriminatory treatment; thedecisions adopted; and the efforts he has madeand will make to intensify sensitisation effortsamong members of the Garda Sıochana.[28693/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I have been informed that theGarda Sıochana Complaints Board whenrecording complaints received categorises suchcomplaints under the headings provided for in thefourth schedule of the Garda Sıochana(Complaints) Act 1986. These are abuse of auth-ority; discourtesy; neglect of duty; falsehood orprevarication; corrupt or improper practice; mis-use of money or property; intoxication; discredi-table conduct; and accessory to conduct speci-fied above.

Accordingly the board, in its annual reports,categorises breaches of discipline under theseheadings rather than the category indicated in thequestion from the Deputy. The annual reportsalso detail the outcome of complaints and the dis-ciplinary action recommended. These reports arelaid before both Houses of the Oireachtas andare also available on the web site of the com-plaints board at www.gscb.ie/publications. I amassured by the Garda authorities that they makeevery effort to ensure that members of the publicare treated properly by the Garda. Abuse in anyform is not tolerated and indeed all members aresubject to the force’s disciplinary code.

Training in the area of discrimination and dis-criminatory treatment is handled at a number oflevels in the Garda Sıochana. In respect ofstudents and new graduates, the subject is dealtwith on the curriculum and forms an integral partof the social and psychological and contextualpolicing studies area. During experiential learn-ing periods, students are also exposed to bestpractices in this area under the supervision of div-isional training staff. Training on issues of dis-crimination and discriminatory treatment areincluded on supervisory development prog-rammes for sergeants, inspectors, superintendentsand chief superintendents. This includes develop-ment modules on human rights training, policinga multicultural society and professional valuesand ethical standards.

In addition, the continuous professionaldevelopment core programme for 2005 containstraining modules on human rights, code of ethics,racism and awareness of mental illness. The 2006


programme which is currently in the final stagesof preparation will also contain modules dealingwith the victims of rape and sexual assault, liais-ing with the families of victims of homicide aswell as dealing with aged persons.

Domestic Violence.

648. Aengus O Snodaigh asked the Minister forJustice, Equality and Law Reform if increasedfunding will be made available to support malevictims of domestic abuse in view of researchfindings on the numbers of men suffering abusepublished by the national crime council that indi-cate an under-allocation of funding to services formale victims. [28698/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I can inform the Deputy thatthe national crime council’s findings in respect ofdomestic abuse are being studied in my Depart-ment. As the Deputy will be aware, however,responsibility for the funding of health and wel-fare services to victims of domestic violence,whether male or female, is a matter for theDepartment of Health and Children. The pro-vision of emergency accommodation, includingrefuge accommodation, is the responsibility of theDepartment of Environment, Heritage andLocal Government.

Equality Legislation.

649. Aengus O Snodaigh asked the Minister forJustice, Equality and Law Reform if he willexpand the scope of the Equal Status Act 2000 tocover the whole range of Government functionsand activities including controlling duties in linewith the recommendations of the UN Committeeon the Elimination of All Forms of Racial Dis-crimination. [28699/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I do not consider it necessaryor appropriate to extend the scope of the EqualStatus Act 2000 to ensure protection against dis-crimination by public authorities. The Govern-ment performs its functions subject to the Consti-tution including Article 40.1 which states that allcitizens shall, as human persons, be held equalbefore the law. By virtue of section 3 of the Euro-pean Convention on Human Rights Act 2003,every organ of the State is obliged to perform itsfunctions in a manner compatible with the State’sobligations under the European Convention onHuman Rights, ECHR. Article 14 of the ECHRprovides that the enjoyment of the rights andfreedoms set forth in the ECHR, such as right toliberty and security, right to a fair trial, shall besecured without discrimination on any groundsuch as sex, race, colour, language, religion, pol-itical or other opinion, national or social origin,

association with a national minority, property,birth or other status.

Section 3 of the European Convention onHuman Rights Act 2003 goes on to state that aperson who has suffered injury, loss or damage asa result of a contravention by any organ of theState may sue for damages in the Circuit or HighCourt if no remedy in damages is otherwiseavailable.

Residency Permits.

650. Mr. Aylward asked the Minister forJustice, Equality and Law Reform the reason forthe delay in processing an application for resi-dency by a person (details supplied) in CountyKildare; and when this application will befinalised. [28747/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): An application for permissionto remain in the State based on marriage to anIrish national was received from the person con-cerned in July 2004. It should be noted that mar-riage to an Irish national does not confer an auto-matic right of residence in the State. Applicationsof this type are dealt with in chronological orderand currently take 16 to 18 months to process.

651. Mr. Haughey asked the Minister forJustice, Equality and Law Reform the positionregarding an application for residency involvingfamily reunification for a person (detailssupplied) in Dublin 9; if their holiday visa will beextended in the meantime; and if he will make astatement on the matter. [28769/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The person in question, as anon EEA national, is subject to the immigrationlaws of the State despite being the spouse of anIrish citizen. I understand she applied for a visafor the stated purpose of a visit to the State andthat a visit visa was approved. A visit visa permitsthe holder to travel to the State and, subject tothe discretion of an immigration officer, toremain in the State for a maximum period of 90days on such a visit. She arrived in the State on 5August 2005 and I understand that she wasinitially granted a period of one month to remainto facilitate her stated purpose of journey to theState, that is, a visit. On 13 September 2005 thiswas extended to 5 November 2005 to cover themaximum period available for a visit.

Although the person in question stated that thepurpose of her journey to the State was a visit shesubsequently made an application on 21September 2005 for permission to remain in theState based on marriage to an Irish national.However it should be noted that marriage to anIrish national does not confer an automatic rightof residence in the State. Applications of this type


[Mr. McDowell.]

are dealt with in chronological order and cur-rently take approximately 16 to 18 months toprocess.

Citizenship Applications.

652. Mr. Curran asked the Minister for Justice,Equality and Law Reform when a decisionregarding an application for naturalisation forpersons (details supplied) in County Dublin willbe made. [28770/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): Applications for certificates ofnaturalisation from the persons referred to by theDeputy were received in the citizenship sectionof my Department on 30 April, 2004. The averageprocessing time for such applications is 24 monthsand it is likely, therefore, that the applicationswill be finalised in or around April 2006. I willinform both the applicants and the Deputy whena decision has been made on the applications.

Closed Circuit Television Systems.

653. Mr. Haughey asked the Minister forJustice, Equality and Law Reform if he willprovide funding for neighbourhood watch organ-isations and for the installation of closed circuittelevision; and if he will make a statement on thematter. [28887/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): CCTV systems installed for thepurposes of crime prevention and as aids topolicing, and which cover areas to which thepublic routinely have access, such as towncentres, fall into two distinct categories: GardaCCTV systems and community-based CCTVsystems. Garda CCTV and community-basedCCTV systems are funded directly from a pro-vision within the Garda Vote. Finance for GardaCCTV systems is allocated each year in the Esti-mates process, with the amount sought beingbased on current and planned Garda projects. Inaddition to the Garda CCTV systems in Dublin,Cork and Tralee a further 17 locations nation-wide were selected to receive a Garda CCTVsystem. This programme of implementation ofCCTV systems is being implemented on a phasedbasis as follows: phase 1 in Bray, Dundalk, DunLaoghaire, Finglas, Galway and Limerick; phase2 in Athlone, Clondalkin, Tallaght and Water-ford; phase 3 in Ballyfermot, Carlow, Castlebar,Clonmel, Ennis, Kilkenny and Sligo. Phase 1 hasbeen completed in five of the six locations.

Installation of CCTV systems is of necessity adetailed, complex and lengthy process. I amanxious to accelerate the implementation of theCCTV programme and reduce as far as possiblethe workload of the Garda Sıochana in this

regard. I believe that the answer is to outsourcethe installation of Garda CCTV systems to thegreatest extent possible, making use not only ofthe technical but also of the project managementexpertise in the private sector. I have asked thecommissioner to submit proposals for outsourcedCCTV systems in the 11 locations in the remain-ing two phases, with a view to achieving imple-mentation in priority locations by the end of 2006.The Garda authorities are now finalising theirproposals in consultation with my Department.

The Deputy will appreciate that it is not pos-sible for the Garda Sıochana to install GardaCCTV systems in all areas that have sought them.To this end, I launched the community-basedCCTV scheme on 15 June 2005. This scheme hasbeen developed in response to a demonstrateddemand from local communities across Irelandfor the provision of CCTV systems. The schemeis designed to provide financial assistance toqualifying local organisations towards meetingthe capital costs associated with the establishmentof local community CCTV systems. Communitieswho are not ready to apply for full scheme fund-ing, stage 2, could apply for pre-development sup-ports, stage 1, to assist in the formulation of high-quality proposals which will have the necessaryelements of local support and sustainability.

The closing date for receipt of applications was20 September 2005 and the scheme is beingadministered on behalf of my Department byArea Development Management Limited, ADM.I am informed by ADM that a total of 83 appli-cations for funding under the community-basedCCTV scheme, with 51 under stage 1 and 32under stage 2, received by the closing date. Theprocess of evaluation and assessment of appli-cations is underway and recommendations will bemade, by ADM, to my Department’s community-based CCTV project board in due course. It isintended to invite a new round of applications forfunding under the scheme early next year.

With regard to the provision of funding forneighbourhood watch organisations, I amstrongly of the view that voluntary communityorganisations have, through their support for andwork with the Garda Sıochana, an important roleto play in crime prevention and the promotion ofcommunity safety. I very much support the workbeing carried out by neighbourhood watch andcommunity alert schemes throughout the country.Discussions are under way on a number of issuesregarding neighbourhood watch, in the context ofwhich the issue of funding for the groups isbeing considered.


654. Mr. Kehoe asked the Minister for Justice,Equality and Law Reform if he will publish thenumber of persons working in pre-schools andcreches in the State; the percentage of those who


are in receipt of payment from the State; and ifhe will further publish the amount of moneyspent by his Department and others towards sal-aries of those involved in preschool andcreches. [28981/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): As the Deputy will be awarethe term “pre-school” or “creche” describes awide range of services, only some of which wouldbe in receipt of funding under the equal oppor-tunities childcare programme, EOCP, 2000-2006,for which my Department has responsibility. It isnot possible, therefore, for me to give a compre-hensive response to this question.

Both the Department of Health and Childrenand the Department of Education and Sciencehave interaction with creche and pre-schoolservices. The Department of Health and Childrenhas responsibility for the Child Care (Pre-SchoolServices) Regulations 1996, under which a notifi-cation requirement is placed on certain child careservices for children aged under six years. Iunderstand that at the end of 2004, more than3,000 such services had been notified to theHealth Service Executive under the provisions ofthe regulations. A number of other such serviceswould come within the scope of the Early Start,Rutland Street and Travellers’ pre-schools pro-jects, administered and directly funded by theDepartment of Education and Science. Theseservices are provided to assist the care anddevelopment of children from disadvantagedcommunities. In the Department’s recently pub-lished action plan for educational inclusion, theMinister for Education and Science, DeputyHanafin, indicated that the focus of early edu-cation under her remit will be on childrenbetween three years and schoolgoing age andwho are subsequently to be enrolled in schoolsserving the most disadvantaged communities.

With regard to my Department’s role in thisarea, the EOCP provides grant aid, both capitaland staffing, to child care services which supportparents to access employment, education or train-ing. These services would include creche and pre-school services. Under the programme, supportfor staffing costs is only made available to volun-tary and community groups which can demon-strate a strong focus on disadvantage. Approxi-mately 750 such groups receive funding under theprogramme usually for a period of three years.The period of funding was extended recently tothe end of 2007 for a number of qualifying groupswhich had come to the end of their three-yearcycle of funding. I understand that to the end ofJune 2005 more than \97 million had beenexpended in staffing grants by beneficiaries underthe programme. This funding was responsible forsupporting approximately 2,300 child care staff,of which 992 were in full time positions.

Solicitor Complaints Procedures.

655. Mr. Naughten asked the Minister forJustice, Equality and Law Reform if he willreport on the complaints procedure in place todeal with grievances with solicitors; his plans toreform this process; and if he will make a state-ment on the matter. [29123/05]

663. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform if his attentionhas been drawn to allegations (details supplied)that some solicitors representing clients who hadreceived payments from the Residential Insti-tutions Redress Board deducted fees from thosepayments in view of the fact that they were fullypaid for their work by the redress board; if theseallegations will be investigated; and if he willmake a statement on the matter. [29199/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I propose to take QuestionsNos. 655 and 663 together.

As regards allegations that some solicitors havedouble charged in respect of applications to theResidential Institutions Redress Board, I wish toput on record my abhorrence of any such doublecharging. I understand that the Law Society hasput in place special additional measures, includ-ing a helpline, to facilitate the making of com-plaints in these cases. The solicitors’ profession isregulated by the Solicitors Acts 1954 to 2002 andthere are a number of measures in place to dealwith these complaints and complaints generallyagainst solicitors. There are two committeeswhich consider complaints against solicitors, thecomplaints and client relations committee, for-merly known as the registrar’s committee, of theLaw Society of Ireland and the disciplinary tri-bunal which is appointed by the President of theHigh Court under section 16 of the Solicitors(Amendment) Act 1994. The tribunal examinesallegations of misconduct by solicitors andreports to the High Court. The complaints andclient relations committee, which includes laymembers, may itself determine complaints lodgeddirectly to it by members of the public.

The disciplinary regime for solicitors wasstrengthened in a number of respects by the Sol-icitors (Amendment) Act 2002. The Act doubledthe size of the tribunal to cater for an increasedworkload and the speedier processing of cases;required the tribunal to make a separate findingon each ground of alleged misconduct and haveregard to previous findings of misconduct by asolicitor when imposing a sanction in a currentcase; increased from £5,000 to £15,000 themaximum amount which a solicitor, in respect ofwhom there has been a finding of misconduct,may be ordered to pay to an aggrieved party or tothe Law Society’s compensation fund; provided aright of appeal to the High Court on all aspects


[Mr. McDowell.]

of the tribunal’s work; and provided for remediesagainst solicitors who fail to co-operate withinvestigations. In addition, the circumstances inwhich the Law Society may refuse to issue a prac-tising certificate or impose conditions on a certifi-cate are spelt out in more detail and the circum-stances in which it can send an investigator toinspect documents at a solicitor’s office areextended.

A member of the public who is dissatisfied withhow the Law Society handles a complaint madeto it may refer the matter to the adjudicatorappointed under the Solicitors (Adjudicator)Regulations 1997. The adjudicator can requirethe production of documents and make con-clusions of fact and recommendations. She or hemay direct the society to re-examine or re-investi-gate the related complaint made to it about a sol-icitor where she or he is not satisfied that thesociety has investigated the complaintadequately. She or he may also direct the societyto make an application to the disciplinary tribunalfor an inquiry into the conduct of the solicitoron the ground of alleged misconduct. The currentindependent adjudicator is Ms Leore Mrkwickaand her address for correspondence is 26-27,Upper Pembroke Street, Dublin 2.

A barrier to the investigation of complaintsagainst solicitors in cases where the in camerarule applied has been addressed by section 40 ofthe Civil Liability and Courts Act 2004. The pro-hibition on furnishing documents, informationand evidence to bodies, including the LawSociety, when they are conducting inquiries etc.,has been lifted, subject to certain safeguards. Thebodies concerned will have to conduct their hear-ings otherwise than in public and no document,information or evidence shall be published.Section 40, in so far as it relates to investigationsby the Law Society of complaints against solici-tors, came into operation in July 2004 and it alsoapplies to proceedings prior to that date.

With a view to further strengthening the mech-anisms for dealing with complaint against thelegal profession and to having a system in placewhich is both independent and seen to be inde-pendent, I am in the course of devising proposalsfor submission to Government to set up on astatutory basis a legal services ombudsman tooversee the handling of complaints against bothsolicitors and barristers. The details are beingworked out at present and it is intended that pro-vision for the legal services ombudsman will bemade in a Civil Law (Miscellaneous Provisions)Bill which is in the course of being drafted forpublication as early as possible next year.

I am also making provision in the Civil Law(Miscellaneous Provisions) Bill for implemen-tation of recommendations, made in a report last

year by the regulatory review task force of theLaw Society which require amendment of exist-ing statutory provisions. I am providing for theamendment of section 8 of the Solicitors(Amendment) Act 1994 to allow the award to acomplainant of compensation of up to \3,000,with indexation, in restitution for losses sufferedas a consequence of inadequate services by a sol-icitor. Such payment will be without prejudice tothe legal right of the client and will be in additionto the existing power whereby a solicitor can bedirected to refund wholly or in part costs alreadypaid by the client or to waive costs or to takeother rectification measures. I am also providingfor the repeal, in the case of the Law Society’sregulatory committees, of the statutory require-ment that at least two-thirds of the membershipof these committees and of any quorum of suchcommittees should be members of the council.This will facilitate an increase in the number oflay members and contribute to the separation ofthe regulatory function form the representationalfunction of the Law Society. The changes are inaddition to those recommendations of its regulat-ory review task force which do not requireprimary legislation, which the Law Society pro-poses to implement.

A group which I set up last year to identifyways of reducing legal costs in civil litigation isdue to report to me very shortly. While therecommendations of the group cannot be antici-pated, it is very likely that their recommendationswill have relevance in addressing issues such asthe alleged overcharging by solicitors.

Illegal Fireworks.

656. Mr. F. McGrath asked the Minister forJustice, Equality and Law Reform the action hewill take to deal with the huge problem of illegalfireworks, attacks on innocent persons and thedisruption around Halloween. [29126/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I am very much aware of thedangers posed by the use of illegal fireworks andof the distress they cause to people, particularlyat this time of year. Consequently, last FebruaryI published a fireworks policy consultation docu-ment and initiated a process of consultation witha view to bringing forward proposals for amend-ing and strengthening the provisions in theExplosives Act 1875 which governs fireworks. Itis already clear from the submissions received todate that among the options for change outlinedin the consultation document, there is a generalacknowledgement of the need to strengthen theenforcement provisions in the 1875 Act. Accord-ingly, I propose to take the opportunity presentedby the Criminal Justice Bill 2004, which is before


the House, to bring forward a Committee Stageof that Bill amendments which will provide fornew offences governing the misuse of fireworksin public places and an offence of possession ofillegally imported fireworks with intent to supply.I also propose to increase significantly penaltiesgoverning the illegal importation, sale and useof fireworks.

The Garda authorities make every effort toidentify persons involved in the illegal import-ation and sale of all types of fireworks. Wherenecessary specific policing plans are put in placein areas where particular problems arise. Theseplans include intelligence gathering on knowndealers and suppliers and once identified puttingplans in place to arrest them and seize theirstocks of illegal fireworks. Each year leading upto Hallow’een special efforts are made to combatthe illegal importation of fireworks. This year anintelligence-led operation called Operation Tom-bola, which aims to prevent and detect the organ-ised importation for sale of fireworks, has beenput in place by the Garda Commissioner. In thiscontext chief superintendents throughout thecountry have been instructed to introducemeasures appropriate to their respective areas ofresponsibility, with particular emphasis on Gardadivisions in the Dublin metropolitan region andin border regions. The operation, while beingintelligence driven, is coupled with appropriatehigh visibility policing activities.

Departmental Properties.

657. Ms Burton asked the Minister for Justice,Equality and Law Reform the works being car-ried out at Thornton Hall; the estimated cost ofthe security or other fencing being erected; thesituation in relation to the cutting down of treesand hedgerows on the site; if his Department hasacquired permission from the county council orfrom the planning authority in respect of thework being commenced; the estimated cost of theworks under way; and if he will make a statementon the matter. [29127/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): Some minor security works areunder way at present aimed mainly at securingthe property and preventing unauthorised accessonto the site. I can also confirm that the removalof three trees near the house which was carriedout for safety reasons did not require a tree fel-ling licence and that no breaches of the planninglaws or regulations have occurred arising fromthe various works carried out to date. As thework is still ongoing the precise costs involved arenot yet available.

Road Safety.658. Ms Shortall asked the Minister for Justice,

Equality and Law Reform the number of speedchecks that were carried out by gardaı in 2004;and the way in which this compares with the tar-get in the road safety strategy. [29180/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I am informed by the Gardaauthorities that the specific statistics sought bythe Deputy for the period in question are notavailable. However, I can inform her that 211,928speeding offences were detected in 2004. Thesefigures are provisional and liable to change.

It is envisaged that by the completion of theperiod of the road safety strategy 2004 to 2006,at least 50% of the overall vehicle fleet will passthrough a speed check each month. This target isbased primarily on the deployment of additionalenforcement assets through the engagement ofprivate sector concerns for the purpose of theoperation of a nationwide programme for thedetection of speeding offences. The Deputy willbe aware that, in July this year, the Governmentgave approval to outsource and privatise theinstallation and operation of speed cameras.Legislation to allow for this is being drafted bymy colleague, the Minister for Transport, and theGarda authorities inform me that they have com-menced preparatory work with regard to the ten-dering process.

Crime Levels.659. Mr. Timmins asked the Minister for

Justice, Equality and Law Reform, further toQuestions Nos. 366 of 29 June 2005 and 388 of 11October 2005, the information for 1997, 1998 and1999 as requested, has not been received.[29195/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I am informed by the Gardaauthorities that the following tables show theindictable offences, by group, for the Garda dis-tricts of Bray, which includes the Greystonesarea; Gorey, which includes the Arklow area;Wicklow and Baltinglass, which includes theBlessington area, for the years 1997 to 1998.

In interpreting these figures, account has to betaken of the introduction of the new PULSEcomputer system by the Garda Sıochana in 1999,which led to more complete and comprehensiverecording of crimes reported than was previouslythe case. These new groups are more comprehen-sive and not comparable to the four crime groupspreviously used. For this reason the figures for1997 and 1998 are not comparable to statisticsprovided for the years 2000 onwards.

I am further informed that the number ofindictable offences by group for a full year at thelevel of Garda district are not available for 1999.


[Mr. McDowell.]

Indictable Offences Recorded and Detected by Group for Bray Garda District from 1997 to 1998

Year 1997 1998

Rec Det Rec Det

Group 1 — Offences Against the Person 23 20 15 10

Group 2 — Offences Against Property 1,376 491 1,085 345

Group 3 — Larcenies etc. 1,088 446 890 296

Group 4 — Other Offences 5 5 2 2

Totals 2,492 962 1,992 653

Indictable Offences Recorded and Detected by Group for Baltinglass Garda District from 1997 to 1998

Year 1997 1998

Rec Det Rec Det


Group 2 — Offences Against Property 271 141 321 126

Group 3 — Larcenies etc. 140 85 163 88


Totals 424 239 492 221

Indictable Offences Recorded and Detected by Group for Gorey Garda District from 1997 to 1998

Year 1997 1998

Rec Det Rec Det





Totals 465 298 461 224

Indictable Offences Recorded and Detected by Group for Wicklow Garda District from 1997 to 1998

Year 1997 1998

Rec Det Rec Det





Totals 528 192 555 176


660. Mr. McGuinness asked the Minister forJustice, Equality and Law Reform the status ofan application for capital funding in the name ofpersons (details supplied) in County Kilkennyunder the child care programme; the timeframe

for the decision; and if he will make a statementon the matter. [29196/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): An application for capital grantassistance under the Equal Opportunities Child-care Programme 2000-2006, was submitted by this


group to my Department some time ago. Thecapital grant application was forwarded to AreaDevelopment Management Limited, which isengaged by my Department to carry out detailedassessments of all EOCP grant applications. Eachapplication undergoes a thorough assessment byADM to ensure it meets the EOCP fundingcriteria. In addition, large scale projects such asthis capital development undergo an intensiveassessment by an external building consultant.While this process necessarily takes some time,every effort is made to conclude assessments asspeedily as possible to facilitate the developmentof additional child care facilities and places at theearliest opportunity.

When the assessment on the project in questionis completed, the application will be consideredby the programme appraisal committee, chairedby my Department, before a final decision ismade regarding funding. The group will then beinformed of the outcome, at the earliest oppor-tunity. The group in question has been approvedfor EOCP staffing grant assistance of over\170,000. Subject to the group complying with theterms of their staffing grant and satisfactory con-tractual arrangements with ADM Limited, itscurrent level of grant support will be extended to31 December 2007.

Land Registry.

661. Mr. Perry asked the Minister for Justice,Equality and Law Reform if his attention hasbeen drawn to the difficulties that were encoun-tered in correspondence (details supplied) withthe maps from the Land Registry Office; and if hewill make a statement on the matter. [29197/05]

662. Mr. Perry asked the Minister for Justice,Equality and Law Reform if his attention hasbeen drawn to the fact that the Land Registrymaps from 1928 to 1934 and the rural place mapsfrom the year 2000 are of the same scale (detailssupplied); the steps which have been taken to rec-tify these discrepancies as persons have to amendand correct the boundaries at their expense fol-lowing the consultations with the Land RegistryOffice; and if he will make a statement on thematter. [29198/05]


I am informed by the Registrar of Titles thatthe applications referred to by the Deputy relateto two applications for transfer of part. DealingNumbers D2003SM002149U andD2003SM002087R refer. The original registrationmade regarding this property in the Land Regis-try appears to be correct in accordance with thedocuments and maps lodged at that time. Anydiscrepancy arising with the maps being lodged

with the current application has not arisen as aconsequence of an error in the registrationprocess.

It should be noted that there is no necessarycorrelation between Land Registry boundariesand ordnance survey detail. A Land Registry mapshows the boundaries of the property as agreedbetween the parties and outlined on the maplodged by the parties at the time the registrationwas made. The Ordnance Survey map reflects thephysical features at the time that the survey iscarried out. The Registrar of Titles has informedme that it is not the function of the Land Registryto adjudicate on any discrepancies between thetwo maps referred to by the Deputy. The positionin this case is that parts of the property beingtransferred in the above dealings are outside ofthe registered boundaries of the folio. Where partof a property being transferred is outside of theregistered boundaries of the property, as regis-tered on the Land Registry map, the appropriatemechanism for any changes to the boundaries isto obtain the consent of the affected parties. TheRegistrar of Titles has confirmed to me that thisposition has been brought to the attention of thelodging solicitor. As this is entirely a matterbetween the parties, no consultations between theLand Registry and the ordnance survey havetaken place.

It is not a matter for the Land Registry to com-ment on who is entitled to consent to a change inboundaries if the registered owner of a folio isdeceased. Any application for registration underSection 49 of the Registration of Title Act 1964is a separate matter and must be adjudicated onits own merits. The Land Registry has no functionwith regard to an application for planning per-mission or to the erection of buildings on aproperty.


Residency Permits.

664. Mr. McGuinness asked the Minister forJustice, Equality and Law Reform further to cor-respondence of 11 June 2004 from his Depart-ment, if a decision has been made in the case ofa person (details supplied) in CountyKilkenny. [29200/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The correspondence referred toby the Deputy relates to an acknowledgment ofan application for permission to remain in theState on the basis of marriage to an Irish national.The person in question has been granted per-mission to remain up to January 2007 on thatbasis.


Visa Applications.

665. Mr. English asked the Minister for Justice,Equality and Law Reform if he will review therefusal of a visa for a person (details supplied); ifhe will overrule the decision; and if he will makea statement on the matter. [29202/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The visa reference number sup-plied by the Deputy refers to an application thatwas refused on appeal by my Department on 23September 2003 and as such has not been underactive consideration by my Department for quitesome time. It is open to the applicant to make afresh application with up to date supporting docu-mentation and the matter will be consideredanew.

Residency Permits.

666. Mr. Ring asked the Minister for Justice,Equality and Law Reform the position regardingan application for permission to remain here onthe basis of parentage of an Irish born child by aperson (details supplied) in County Mayo.[29203/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The application from the per-son concerned for permission to remain in theState under the revised arrangements announcedby me on 15 January 2005 for the non-nationalparents of Irish born children born before 1January 2005 is currently being processed and adecision in the case will be made shortly.

Garda Deployment.

667. Mr. English asked the Minister for Justice,Equality and Law Reform his plans to increasethe number of gardaı stationed at Dunboyne,County Meath; and if he will make a statementon the matter. [29226/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The personnel strength of Dun-boyne Garda station as at 18 October 2005 is 14across all ranks. Local Garda management issatisfied that the resources allocated to Dun-boyne Garda station are adequate to meet thepresent policing needs of the area.

The accelerated recruitment campaign of 1,100Garda recruits each year to reach a record forcestrength of 14,000, in line with the commitmentin the agreed programme for Government, is fullyon target. This will lead to a combined strength,of both attested gardaı and recruits in training, of14,000 by the end of 2006. The Garda Com-missioner will now be drawing up plans on howbest to distribute and manage these additionalresources, and in this context the needs of theDunboyne Garda station will be fully considered

within the overall context of the needs of Gardastations throughout the country.


668. Mr. Wall asked the Minister for Justice,Equality and Law Reform his plans for legislationto deal with banning the use of fireworks, legaland illegal in specific areas such as senior citizensestates, hospitals and places in which persons arein fear due to the noise, flare and so on of suchitems; and if he will make a statement on thematter. [29233/05]

669. Mr. Wall asked the Minister for Justice,Equality and Law Reform his plans to introducelegislation to deal with fireworks on barges; andif he will make a statement on the matter.[29234/05]


The Explosives Act 1875 provides for the con-trol of the importation, manufacture, storage andsale of fireworks and, under the Act, any personwishing to import fireworks into the State mustfirst obtain an importation license from me. It islong standing policy to only grant importationlicences for organised fireworks displays conduc-ted by professional and experienced operatorsand not to allow the importation of fireworks forsale to the general public. In effect this policymeans that the only fireworks imported into theState and legally held here are those used in pro-fessional displays. Typically, these displays rangefrom major events such as the St. Patrick’s DaySkyfest festival, pop concerts or internationalsports events to relatively minor displays such asthose held at private events such as weddings.Importation licences were granted for almost 400organised firework displays in 2004. Each appli-cation for a licence is subject to the approval ofthe Garda authorities and the fire officer of therelevant local authority.

I am very much aware of the dangers posed bytheir use and of the distress they cause to people,particularly at this time of year. Last February, Ipublished a fireworks policy consultation docu-ment and initiated a process of consultation witha view to bringing forward proposals for amend-ing and strengthening the provisions in the 1875Act. My Department has received a wide rangeof submissions in response to the consultationdocument and it is clear, from the submissionsreceived, that among the options for change out-lined in the consultation document, there is ageneral acknowledgement of the need tostrengthen the enforcement provisions in the1875 Act. Accordingly, I propose to take theopportunity presented by the Criminal JusticeBill 2004, which is currently before the House, to


bring forward on Committee Stage of that Bill,amendments which will provide for new offencesgoverning the misuse of fireworks in public placesand an offence of possession of illegally importedfireworks with intent to supply. I also propose toincrease significantly penalties governing theillegal importation, sale and use of fireworks.

Legal Aid Service.

670. Mr. Wall asked the Minister for Justice,Equality and Law Reform his plans to alter orchange the guidelines for applicants seeking freelegal aid from the Legal Aid Board centres toensure that persons with low income can make asuccessful application for such aid; and if he willmake a statement on the matter. [29235/05]

671. Mr. Wall asked the Minister for Justice,Equality and Law Reform the number of appli-cants on the waiting list for free legal aid at theNewbridge and Carlow centres; and if he willmake a statement on the matter. [29236/05]


The number of persons awaiting a first appoint-ment with a solicitor at the end of August 2005at the centres in question is:

Centre

Newbridge Law Centre 48

(maximum waiting time 2 months)

Carlow (Part Time) Law Centre 23

(maximum waiting time 3 months)

These waiting times reflect the progress made bythe Legal Aid Board in reducing waiting timesacross the law centre network over the past year,which has been greatly facilitated by a 16%increase in the board’s funding over 2004. TheLegal Aid Board operates a procedure wherebypriority is accorded for certain categories of cases,for example, domestic violence and child-carecases as well as cases where time limits apply.These cases are dealt with immediately and suchapplicants are not placed on a waiting list.

Financial eligibility limits are prescribed in theCivil Legal Aid Regulations 2002 and are beingkept under ongoing review.


672. Mr. Wall asked the Minister for Justice,Equality and Law Reform the number of appli-cations for capital funding made to his Depart-ment for projects in Kildare for each of the pastthree years; the number which have been success-ful; and if he will make a statement on thematter. [29237/05]

673. Mr. Wall asked the Minister for Justice,Equality and Law Reform the number of childcare places made available from funding from hisDepartment in County Kildare for each of thepast three years; the number of applications forfunding; the number of applicants in receipt offunding; and if he will make a statement on thematter. [29238/05]


In the years 2002, 2003 and 2004 there were,respectively, 11, 15 and 12 applications for capitalgrant assistance under the Equal OpportunitiesChildcare Programme 2000-2006, from both com-munity based/not for profit groups and privatesector child care projects in County Kildare. Inthe same years, eight, 11 and six capital grantswere approved, respectively. Applications are notnecessarily approved in the same year as they aresubmitted to my Department.

It is anticipated that funding approved forCounty Kildare in the years in question will leadto the creation of 175, 224 and 189 new child careplaces, and support a further 145, 124 and 99existing places, in each of the respective years.With regard to the overall number of applicationsin each of the years in question, these amount,respectively, to 14, 21 and 14. These applicationsinclude capital and staffing grant applications.

The total number of grants approved for com-munity based/not for profit groups and privatesector child care projects in County Kildare todate, amounts to 67. Groups may be in receiptof more than one grant under the programme.Cumulatively to date, it is expected that this fund-ing will result in over 1,078 new child care placesbeing created, and a further 665 existing placesbeing supported, through EOCP investment inCounty Kildare. In addition, the Kildare Countychild care committee has received a total allo-cation to date of almost \1 million, whichincludes \284,500 to deliver its 2005 annual actionplan. The committee has also been allocated atotal of \120,000 to provide support services forchildminders. Childcare services in CountyKildare also benefit from support given under theEOCP to national voluntary child care organis-ations to facilitate their work in enhancing qual-ity awareness.

Asylum Applications.

674. Ms Enright asked the Minister for Justice,Equality and Law Reform when he will respondto correspondence from this Deputy of 22December 2004 regarding a person (detailssupplied); and if he will make a statement on thematter. [29239/05]


Minister for Justice, Equality and Law Reform(Mr. McDowell): The person who is the subjectof the correspondence, a Romanian national,arrived in the State on 9 August 1999 and appliedfor asylum. She was refused refugee status by theOffice of the Refugee Applications Com-missioner and, on appeal, by the RefugeeAppeals Tribunal. A deportation order was madein respect of her on 11 March 2004 and on 17November 2004 she was deported from the State.

Numerous representations were made on thisperson’s behalf, including those referred to by theDeputy, the thrust of which was the person con-cerned was engaged to be married to an Irish citi-zen. In my response to Dail Question No. 229 on17 May 2005 on the matter, I said that I wouldgive the matter further consideration. On 20 May2005 my Department received further correspon-dence from the Irish citizen concerned givingfurther details of the pending marriage. Takingthis further information and previous represen-tations into account, I revoked the deportationorder on 1 June, 2005 and both parties involvedwere notified of this decision. Given the ongoingconsideration involved in this case, it would nothave been possible to have given the Deputy acomprehensive reply to her representation beforeJune 2005. I regret that the updated position wasnot conveyed to her in the meantime and a replyto her representations will issue shortly.

Visa Applications.

675. Ms Enright asked the Minister for Justice,Equality and Law Reform the status in respect ofa person (details supplied) who applied to remainhere on the basis of parentage of an Irish bornchild; and if he will make a statement on thematter. [29240/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The person concerned has beengranted temporary permission to remain in theState for an initial period of two years, effectivefrom 17 May 2005. Some 18,000 applications forpermission to remain were received under therevised arrangements and more than 14,000 havebeen processed to date.

Childhood Development Initiative.

676. Mr. O’Connor asked the Minister forJustice, Equality and Law Reform the actionwhich is proposed in respect of the ChildhoodDevelopment Initiative ten year strategy; if hewill detail the resources to be made available; andif he will make a statement on the matter.[29241/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I welcome the ten year strategyproduced by the Tallaght West Childhood

Development Initiative, which seeks to improvechildren’s health, safety, learning and achievingand to increase their sense of communitybelonging.

I understand that officials from a number ofDepartments, including my own Department andfrom the National Children’s Office, will be meet-ing representatives of the project in the nearfuture. The strategy emphasises the need forjoined-up thinking across Departments and agen-cies. I believe the co-ordinated response atdepartmental level recognises and supports thisapproach.

The Deputy may recall that child care wasidentified as an investment priority under thenational development plan and in 2000 theGovernment embarked on an ambitious invest-ment programme for child care, the EqualOpportunities Childcare Programme 2000-2006,EOCP. It was launched following the recom-mendations of the Partnership 2000 expert work-ing group on child care.

The total funding available to the programmestands at \499.3 million. This is allocated in theform of capital grants, staffing support grants tocommunity-based not-for-profit child care pro-viders which cater for very disadvantagedfamilies, funding for quality improvement andongoing supports to the city and county child carecommittees and a number of national voluntarychild care organisations.

Under the EOCP, funding of more than \7.8million has been allocated to child care facilitiesin the Dublin 24 area of south Dublin. This willlead to the creation of 450 new child care placesand the support of 519 existing child care places.I believe the excellent work of the EOCP will becontinued beyond its existing remit of 2000 to2006 and that any follow-on programme will buildon the momentum created by the success of theEOCP and will continue to invest in the develop-ment of quality child care services.

Departmental Staff.

677. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform the rates ofovertime or additional allowances payable to staffwho work in his Department’s press office inrespect of persons being on-call and theiradditional attendance at work before or after nor-mal hours; and if he will make a statement on thematter. [29301/05]

678. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform the amountsof ex gratia payments made to staff in his Depart-ment’s press office in respect of persons being oncall and their additional attendance at workbefore or after normal hours; and if he will makea statement on the matter. [29316/05]



The press office in my Department is currentlystaffed by the following personnel: one assistantprincipal officer; one administrative officer; oneexecutive officer; and one clerical officer.

Overtime payments are made to staff up to andincluding the grades of higher executive officerand administrative officer, as set out in Depart-ment of Finance circular 27/99 in respect ofadditional attendance at work before or after nor-mal hours.

Assistant principal officers do not qualify forovertime payments. In 2005 an ex gratia paymentof \3,300 has been approved for the assistantprincipal officer in the press office in respect ofan exceptional performance award. I can confirmthere are no staff in my press office in receipt ofadditional allowances for being on-call.

679. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform the amount ofcompensatory leave granted or due to be grantedto staff in his Department; the individuals towhom they were granted in respect of additionalattendance at work before or after normal hoursof attendance; and if he will make a statement onthe matter. [29331/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I assume when the Deputy isreferring to compensatory leave he is referring tothe situation where staff within the Departmentwork additional hours either before or after nor-mal working hours and opt for time in lieu,instead of extra attendance payments.

The information requested by the Deputy isnot readily available as the granting of time inlieu is managed at local level, having regard tothe exigencies of the service.


680. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform if the person-nel files of staff in his Department have beencopied or given to external parties; if so, the safe-guards which have been put in place to ensurethat no personal data of any member of staff inhis Department will be released to third parties;and if he will make a statement on the matter.[29346/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I can assure the Deputy thatpersonnel files or personal information of staff inthis Department would not be copied or releasedto external parties, except with the consent of thestaff member concerned.

Staff within the Department’s human resourcesdivision are briefed regarding confidentiality of

personnel files and comply with the provisions ofthe Data Protection Acts 1988 and 2003 and theFreedom of Information Acts 1997 and 2003.

Departmental Staff.

681. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform the number ofstaff in his Department to whom leave ofabsence, or any other absence from normal dutiesor place of work, in excess of two months wasgranted for educational purposes in any yearsince 2002; the nature of the educational courseundertaken in each case; if there are terms orconditions relating to academic achievementattached to the granting of such leave; if person-nel who were granted such leave failed to com-plete their courses; and if he will make a state-ment on the matter. [29361/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): In light of the scale of this queryand the number of agencies involved, it has notbeen feasible for my Department to prepare aresponse in the time available. Accordingly, myDepartment will respond directly in writing to theDeputy with the information requested.

682. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform the number ofstaff who applied for a refund of course fees inrespect of courses undertaken at night orevenings; the value of refunds expected to bemade by his Department in 2005; the number ofstaff to whom approval to attend a course wasgranted in the last academic year but did not sub-sequently apply for the refund; and if he willmake a statement on the matter. [29376/05]

683. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform the proportionof his Department’s training budget that is spenton refunds to staff in respect of night-time orweekend study courses; the list of all coursesfunded by his Department in the past three years;and if he will make a statement on the matter.[29391/05]


My Department makes refund of fees tomembers of staff in accordance with the pro-visions of Department of Finance circular 21/78.This provides for refunds to courses in the follow-ing areas: degrees of bachelor or master of arts orcommerce; accountancy; business administration;business studies; computer science; economics;general management; industrial engineering, forengineers; law; personnel management, publicadministration; secretaryship, in the Institute ofChartered Secretaries; sociology; statistics; and


[Mr. McDowell.]

systems analysis. The courses must be providedby a university or other educational institution orprofessional body; must lead to a third-levelqualification; must be accepted by this Depart-ment as relevant to the civil service employmentof the officers attending them and must be pur-sued in the officers’ own time.

In the case of my Department’s head office andassociated offices and agencies, approval for arefund of fees, amounting to \147,603, wasgranted in 107 cases in the 2004-2005 academicyear. A refund has not yet been sought in twoother cases.

In addition to the amount paid under therefund of fees scheme the Department also pro-vides in-house training and arranges developmen-tal training specific to its requirements.

The other information requested by theDeputy is set out in the following table:

Year % of Training Budget spent on feerefunds

2002 6.8%

2003 9.1%

2004 6.7%

This refers to the head office of the Departmentplus associated offices and agencies.


684. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform the amountspent by his Department on briefcases; theamount refunded to staff in his Department inrespect of purchases of briefcases; the number ofstaff who have received briefcases; the number ofstaff who have received refunds for briefcasesthey purchased; the largest single amount paid orrefunded in respect of one briefcase; and if he willmake a statement on the matter. [29406/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The information requested bythe Deputy is as follows: the cost of briefcasespurchased since May 2002 is \3,672.07; thenumber of briefcases purchased since May 2002is 33 and the largest single amount paid for abriefcase was \202.50. There have been norefunds made to staff in respect of purchases ofbriefcases during this time.

685. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform the number ofpersonal digital assistants provided to staff in hisDepartment; the cost of same; the cost of themost expensive personal digital assistant pur-chased to date; the grades to which these devicesare issued; if personal digital assistants are issuedas a matter of course or are subject to preparation

of a business case which is subsequently scruti-nised; if so, by whom the final decision on allo-cation of personal digital assistants is made; andif he will make a statement on the matter.[29421/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I can inform the Deputy that,after evaluation of a number of personal digitalassistant-mobile mail devices, the Blackberryplatform has been selected for use in my Depart-ment. Since 17 May 2002, Blackberry units havebeen assigned to 62 of my Department’s staff anda small number of other devices have beenacquired for research and evaluation purposes.

The current cost of these devices is between\195 and \242, depending on the model in ques-tion, down from an original cost of \484. The costof the most expensive device acquired during thisperiod was \669, which was for a more fully fea-tured Windows-based device. This was acquiredas part of ongoing research and evaluation ofmobile technologies, so as to ensure integrationwith departmental e-mail and calendar facilities.

Personal digital assistants are issued to theDepartment’s senior management on request andto staff of other grades in accordance with theirrole, the particular business needs of their div-ision and with the recommendation of the headof the division in question. Their use reflects thehigh demand made on our increasingly mobilestaff for rapid response to issues and enhancescommunication and productivity, including out ofnormal office hours.

Departmental Staff.

686. Mr. P. McGrath asked the Minister forJustice, Equality and Law Reform the number ofstaff in each general service and departmentgrade in his Department who have been exemptfor a period in excess of six months fromattending meetings, dealing with correspondence,dealing with telephone queries, home or foreigntravel, using computers or other duties by virtueof a medical certificate; if such long-term exemp-tions from normal duties are fair to other staffwho must pick up the extra work; if they providethe taxpayer with good value for money; if suchexemptions or certificates have been reviewed bythe chief medical officer; and if he will make astatement on the matter. [29436/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I understand the Deputy hasclarified that he is looking for the number of staffin my Department who are currently on sickleave absence of more than six months.

There are currently 13 staff in my Departmenton sick leave of more than six months duration.Staff returning from long term sick leave are


required to provide a medical certificate detailingfitness to resume duty.

Occasionally, for a short period followingreturn from long term sick leave, duties may betailored to meet both divisional and the staffmember’s requirements, if a person’s medicalcondition warrants it. Such arrangements, whichare normally of very short duration, are made inconsultation with local management andreviewed in line with guidance from the chiefmedical officer.


687. Mr. Gilmore asked the Minister forJustice, Equality and Law Reform the amountpaid to a consultancy company (details supplied)in respect of each year since 2000; the details ofeach of the contracts and services provided; thenature of the controls applied in the procurementprocess or processes; if he has satisfied himselfthat value for money has been achieved in eachcase; and if he will make a statement on thematter. [29459/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The following amounts havebeen paid to the company in question by myDepartment for each of the years in question: in2000, nil; in 2001, \8,686.80; in 2002, \20,328; in2003, \23,861.30; in 2004, \14,520 and in 2005,\14,520. All figures include VAT.

These payments are in respect of access to ven-dor-independent research material, briefings andadvisory services on the IT industry worldwidewhich provide the user with on-line access toresearch and to the company’s analysts throughan inquiry facility.

The contract is renewable on an annual, peruser basis. Renewal of the contract has beenreviewed each year, in accordance with publicservice guidelines on the procurement of goodsand services from sole suppliers.

Information in respect of any services providedby the company in question to either the GardaSıochana or the Courts Service is not readilyavailable in the time allowed for response andwill be forwarded to the Deputy in due course.

688. Mr. Gilmore asked the Minister forJustice, Equality and Law Reform the amountpaid to a consultancy company (details supplied)in respect of each year since 2000; the details ofeach of the contracts and services provided; thenature of the controls applied in the procurementprocess or processes; if he has satisfied himselfthat value for money has been achieved in eachcase; and if he will make a statement on thematter. [29474/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): The contracts and services pro-

vided to my Department by the company in ques-tion since 2000 have been outlined below. A con-tract was awarded to supply and implement afinancial management system for the Departmentof Justice, Equality and Law Reform, the CourtsService, the Irish Prison Service and An GardaSıochana. This contract was awarded to the com-pany in question in March 2002. The tender wasadvertised through the EU Journal and allresponses were evaluated on the basis of the mosteconomically advantageous tender by a teamcomprised of senior officers from each of the end-user agencies.

The project was managed using PRINCE meth-odology and included a project board which metregularly for the duration of the project and over-saw all aspects of the project, including qualityassurance. The scope of the project was sub-sequently extended to include services for theLand Registry and Registry of Deeds and theDepartment of Arts, Sport and Tourism.

All defined deliverables were completed withinthe terms of the original contract and as a resultof the project coming in under budget, the com-pany in question agreed to include further deliv-erables outside the scope of the original contractat no additional cost, representing significantvalue for money for the Department. The costsof this contract for each year in question were: in2002, \3,039,940.08; in 2003, \4,634,482.06; in2004, \4,720,749.79; and in 2005, \1,728,833.88.

A separate contract was awarded to the com-pany in question in January, 2005 for the supplyand implementation of a calculation and paymentsystem for the criminal legal aid process. Similarprocurement arrangements applied for this con-tract as for the financial management system pro-ject listed. This contract is for a fixed price of\560,720.40, of which \363,651.00 has been paidto date. This project also came in on time andwithin budget and represents value for moneyand a significant improvement on the predecessorsystem, which had been in operation for a con-siderable number of years.

Following an evaluation process carried out byrepresentatives from the asylum agencies and div-isions of the Department, a contract was awardedto the company in question for the developmentof a high level information management andinformation technology strategic plan for the asy-lum services.

Work commenced in May 2002. This work wascarried out under the control of a project boardmade up of representatives from the asylumagencies and divisions of the Department, includ-ing business users and information technologyusers. Board meetings were held at regular inter-vals and all deliverables were monitored care-fully. The contract was for the fixed price of\127,000, including VAT. The final strategy wasdelivered in October 2002 and is currently beingimplemented by the Department.


[Mr. McDowell.]

I regret it has not been possible in the timeavailable to compile information in relation inrespect of contracts or services provided by thiscompany to the Garda Sıochana. This will be for-warded to the Deputy in due course.

Garda Deployment.

689. Mr. Kehoe asked the Minister for Justice,Equality and Law Reform if, in view of the rapidgrowth in population, there is an urgent need fora permanently-based junior liaison officer inGorey; if this is the view of a relevant group(details supplied); and if he will make a statementon the matter. [29499/05]

Minister for Justice, Equality and Law Reform(Mr. McDowell): I am informed by the Gardaauthorities, who are responsible for the detailedallocation of resources, including personnel, thatthe current full-time juvenile liaison officer allo-cated to Gorey district is based in Arklow Gardastation. This full time juvenile liaison officer dealswith and monitors referrals under the juvenilediversion programme for qualifying young peoplefrom the Gorey area. Local Garda managementstate they are satisfied that the current arrange-ment is working effectively.

In respect of Garda resources generally, theaccelerated recruitment campaign of 1,100 Gardarecruits each year to reach a record force strengthof 14,000, in line with the commitment in theagreed programme for Government, is fully ontarget. This will lead to a combined strength, ofboth attested gardaı and recruits in training, of14,000 by the end of 2006.

The Garda Commissioner will shortly draw upplans on how best to distribute and manage theseadditional resources and in this context the needsof Gorey Garda station and the juvenile diversionprogramme will be fully considered within theoverall context of Garda needs throughout thecountry.

Drug Seizures.

690. Mr. Kehoe asked the Minister for Justice,Equality and Law Reform if his attention hasbeen drawn to the fact that there were 45 drugseizures in Gorey to date in 2005; if, in view ofthis, he will extend extra resources to the Gardain Gorey; the form these resources will take; andif he will make a statement on the matter.[29500/05]

691. Mr. Kehoe asked the Minister for Justice,Equality and Law Reform if his attention hasbeen drawn to the view of the local superintend-ent that there are 20 to 30 regular users of heroinliving in the Gorey area; his views in terms of

a targeted, local strategy; and if he will make astatement on the matter. [29501/05]


I understand from the Garda authorities thatheroin abuse is a relatively new phenomenon inthe Gorey town area. Gorey and its hinterland isone of the fastest growing areas in the south eastand is now a satellite town of Dublin with manypeople from the greater Dublin area settled in thelocal community. I am informed by the Gardaauthorities that, to counteract heroin abuse, thelocal drug unit based at Arklow has beenexpanded to include members permanently allo-cated to Gorey. Since the establishment of theunit in Gorey, seizures of heroin and cannabishave increased from five in 2004 to 26 to date in2005. The growth in heroin abuse is and willremain a high priority from a policing perspectiveand every effort will continue to be made toprevent and detect illegal drug use.

School Curriculum.

692. Mr. Stanton asked the Minister for Edu-cation and Science the advice she has receivedfrom officials in her Department or from anyState agency or other agency on the need foryoung persons to choose science subjects atsecond level and further need to pursue scienceat third level; the projected number of sciencegraduates needed each year for the next fiveyears; and if she will make a statement on thematter. [28645/05]

Minister for Education and Science (MsHanafin): The 2002 report of the task force onthe physical sciences highlighted the importanceof addressing the decline in the numbers ofstudents participating in physics and chemistry atsenior cycle and choosing science options inhigher education and sets out a range of strategiesand actions to address this issue. A quantificationin terms of supply and demand for science gradu-ates was not featured in the report.

The essential need to increase the proportionsof science, mathematics, technology and engin-eering graduates has been highlighted in a rangeof reports from IBEC, the National Competi-tiveness Council, expert group on future skillsneeds etc., as these are seen as critical to support-ing high value employment, competitiveness andinnovation in a globalised knowledge economy.As part of the Lisbon strategy to make Europethe most advanced knowledge society, memberstates are committed to reaching a target of 3%of gross domestic product expenditure on invest-ment in research and development by 2010.

The July 2003 Benchmarking Education andTraining in Ireland for Economic Development


report of the expert group on future skills needshighlighted the need to increase the take up andperformance in science subjects at senior cycleand to increase the numbers choosing science,technology and engineering subjects in highereducation. This issue is further stressed in thestudy on the Supply and Demand for Skills in theBiotechnology Sector published in September2003. The fourth report of the expert group onfuture skills needs in October 2003 quantified thelikely demand needs in the ICT, engineering andbiotechnology sectors and demand for the nextfive years are shown in the attached document.

A further report in August 2004 set out amodel to predict the supply and demand forresearchers and research personnel to contributeto the Lisbon target. The report highlights that,to meet the overall demands in the economyassuming a 2.5% investment target in researchand development, an average demand of 512 PhDgraduates and 1,258 non-PhD graduates, degreelevel or higher, will be needed each year from2004 to 2010. These projections cover needsacross the science, engineering, mathematics andcomputing sectors.

School Transport.

693. Mr. Crowe asked the Minister for Edu-cation and Science the support she will provideto parents of children attending a school (detailssupplied) in Dublin 13 in order that the Depart-ment of Transport provide sufficient funding forthe full provision of school bus transport.[28664/05]

696. Mr. Crowe asked the Minister for Edu-cation and Science the action she will take toensure that all pupils of a school (detailssupplied) in Dublin 13 in need of public transportwill be catered for. [28670/05]

Minister for Education and Science (MsHanafin): I propose to take Questions Nos. 693and 696 together.

If the Deputy can supply the names andaddresses of the pupils referred to in the ques-tions I will have the matter investigated and theDeputy will be informed of the outcome.

Special Educational Needs.

694. Mr. J. Breen asked the Minister for Edu-cation and Science when funding will be providedfor an autistic unit at a school (details supplied)in County Clare that has been sanctioned by thespecial needs unit in her Department; and if shewill make a statement on the matter. [28983/05]

729. Mr. J. Breen asked the Minister for Edu-cation and Science when funding will be providedfor an autistic unit at a school (details supplied)

in County Clare that has been sanctioned by thespecial needs unit in her Department; and if shewill make a statement on the matter. [28982/05]


An application for capital investment for theprovision of an autism unit was received withinthe last week from the school to which theDeputy refers. The application is being con-sidered and officials in my Department are incontact with the school authority.

School Staffing.

695. Mr. Crowe asked the Minister for Edu-cation and Science the action she will take toaddress the teaching staffing levels of a school(details supplied) in County Donegal in view ofthe fact that this school’s first mainstream teacherwas removed in June 2005 and has only oneteacher with 12 children enrolled in September2005. [28669/05]

Minister for Education and Science (MsHanafin): The mainstream staffing of a primaryschool is determined by reference to the enrol-ment of the school on 30 September of the pre-vious school year. This is in accordance withguidelines agreed between my Department andthe education partners. The staffing schedule isoutlined in a circular that is issued annually toall primary schools. The enrolment in the schoolreferred to by the Deputy on 30 September 2004warranted a staffing of one teacher. In addition,the school, which is in the rural dimension of theGiving Children an Even Break programme forfunding, has the services of a shared rural co-ordinator.

To ensure transparency and openness in thesystem, an independent primary staffing appealboard is now in place to decide on any appealson mainstream staffing. The staffing of the schoolfor the 2005-06 school year was considered by theappeal board on 14 June 2005 and was rejected.I understand that the board of management ofthe school was notified of the decision of theappeal board on 15 June 2005. The decision of isfinal. I am sure the Deputy will appreciate that itwould not be appropriate for me to intervene inthe operation of the independent appeal board.


School Transport.

697. Mr. Crowe asked the Minister for Edu-cation and Science if the provision of schooltransport for gaelscoileanna with their uniquestatus and services will be more flexible than


[Mr. Crowe.]

those of regular English speaking schools.[28671/05]

Minister for Education and Science (MsHanafin): The terms of the school transportschemes are of general application and areapplied without distinction as to category ofschool. The scheme for primary schools providesthat, in the case of pupils who are attending all-Irish or multi-denominational schools, eligibilityfor transport is determined by reference to thedistance to the nearest such school. It is my inten-tion that these arrangements should continue toapply.

Schools Building Projects.

698. Mr. G. Mitchell asked the Minister forEducation and Science if a meeting will bearranged between the design team of a school(details supplied) in Dublin 8 and the architec-tural unit of her Department to review progresson the proposed extension; and if she will makea statement on the matter. [28672/05]

Minister for Education and Science (MsHanafin): The proposed extension project for theschool in question was one of the schools listedto enter architectural planning this year as per myannouncement in March. A design team has beenappointed and architectural planning com-menced. My Department’s officials recentlyexamined a submission from the school in respectof the project brief. This has been discussed andclarified with the school’s architect and the schoolprincipal and a letter requesting a combined stageone and two submission under the site suitabilityand outline sketch scheme will issue shortly.Consequently, there is no necessity for a meetingat this point.

Grant Payments.

699. Mr. G. Mitchell asked the Minister forEducation and Science if a response will issue toa group (details supplied); and if she will make astatement on the matter. [28690/05]

701. Mr. Gregory asked the Minister for Edu-cation and Science her views on the proposalsfrom an organisation and their current appli-cation for State grants totalling \500,000 perannum; and if she will make a statement on thematter. [28705/05]


The level of funding that my Department pro-vides to Educate Together as a school manage-ment body is on a par with that provided to Foras

Patrunachta na Gaelscoileanna, the Church ofIreland Board of Education, the Islamic Board ofEducation and the National Association ofBoards of Management in Special Education.However, following discussions with EducateTogether, my Department has providedadditional funding to Educate Together in 2005to meet the immediate issues of concern to thatbody. The matter of the future funding to be pro-vided to the primary management bodies, includ-ing Educate Together, in 2006 will be consideredas part of the normal Estimates process. The issueof additional funding for Educate Together fromother State sources is essentially a matter for thepatron body to pursue with the relevant interestsoutside of my Department.

Multi-Denominational Schools.

700. Mr. Gregory asked the Minister for Edu-cation and Science her policy regarding thedevelopment of multi-denominational education;if same will be provided with a firm statutoryfooting and if she will make it an objective of thenational development plan; and if she will makea statement on the matter. [28704/05]

Minister for Education and Science (MsHanafin): In accordance with the provisions ofthe Education Act 1998 I, as Minister, am obligedto have regard to the need to reflect the diversityof educational services provided in the State.Applying this provision to the development ofmulti-denominational education at primary level,my Department has supported the establishmentof a significant number of new multi-denomi-national schools in recent years. Of the 24 newschools granted provisional recognition in thepast three years alone, 12 are multi-denomi-national. At post-primary level, the requirementfor multi-denominational education is met by theState sector through undesignated vocationaleducation committee schools.

To underpin the establishment of new schools,my Department has made a number of changesin recent years that have assisted patron bodiesin the provision of accommodation. One of thesechanges, which was strongly welcomed by thepatron body for multi-denominational schools,was the abolition of the local contribution to thebuilding costs for State-owned school buildings,which had cost up to \63,000 per school. Otherinnovations include the development of thedesign and build model to provide permanentaccommodation much faster, such as in the caseof the new multi-denominational school inGriffeen Valley, Lucan, which was designed andbuilt in less than 13 months.

Many multi-denominational primary schoolsare established in areas of rapidly expandingpopulation growth. School building projects inthese areas are assigned a band one rating under


the published prioritisation criteria for large-scalebuilding projects. This is the highest band ratingpossible that results in the delivery of permanentaccommodation in the shortest timeframe achiev-able. These measures are a strong indication ofmy Department’s commitment to supporting aneducational diversity agenda, including multi-denominational education provision. It will con-tinue to do as part of its own statutory obligationsand in the context of the national developmentplan which is structured to support the develop-ment of all educational sectors regardless ofethos.


State Examinations.

702. Mr. Connolly asked the Minister for Edu-cation and Science the cost of running the Statepost-primary examinations in each year from2002 to 2005 inclusive; and if she will make astatement on the matter. [28706/05]

Minister for Education and Science (MsHanafin): The cost, net of fee income, of runningthe State post-primary examinations for the yearsin question are as follows. In 2002 it was \33.7million, in 2003 it was \38.9 million, in 2004 it was\45.7 million and in 2005 it will be a projected\49.5 million. The State Examinations Com-mission has operational responsibility for the cer-tificate examinations.

Schools Refurbishment.

703. Mr. Lowry asked the Minister for Edu-cation and Science if an application from a school(details supplied) in County Tipperary will bereviewed for funding from the emergency repairfund; if her attention has been drawn to the factthat the school has a leaking roof, which is aserious health and safety issue; and if she willmake a statement on the matter. [28707/05]

Minister for Education and Science (MsHanafin): I am pleased to advise the Deputy thatthe funding in question was recently approved bymy Department.

State Examinations.

704. Mr. Lowry asked the Minister for Edu-cation and Science the number of appealsreceived from leaving certificate students in eachcounty; the number of appeals upheld; thenumber of students in each county whose overallpoints increased as a result of the appealnationally and in each county; the reason forappeals; the number of appeals in each category;and if she will make a statement on thematter. [28708/05]

Minister for Education and Science (MsHanafin): The State Examinations Commission isresponsible for operational matters concerningthe certificate examinations. The commissionreleased data on 12 October 2005 regarding leav-ing certificate appeals in 2005 that were compiledon an individual subject rather than county basis.A total of 11,567 individual subject appeals wereprocessed resulting in 2,612 upgrades and fivedowngrades. This means that 3% of the overallgrades awarded in the leaving certificate wereappealed and 0.7% of the grades were adjusted.These figures exclude a small number of appealsthat have yet to be finalised. Further informationis available at the State Examinations Com-mission website, www.examinations.ie. Anyupgrading or downgrading in the range above D3results in a change in CAO points. The pointsrequirements for entry to particular courses are amatter for individual third level colleges in collab-oration with the Central Applications Office inaccordance with their admission strategies.

705. Mr. Lowry asked the Minister for Edu-cation and Science the possibility of reducing thetime taken for reviewing appeals from leavingcertificate students; the procedures required forintroducing a shorter appeal time to allow appealresults to be known before colleges start firstyear; and if she will make a statement on thematter. [28709/05]

Minister for Education and Science (MsHanafin): On foot of a Government decision, thethen Minister for Education and Science formallyestablished the State Examinations Commissionon 6 March 2003. The commission now has statu-tory responsibility for operational matters relat-ing to the certificate examinations. This includesthe matter raised by the Deputy. I have for-warded the Deputy’s question to the State Exam-inations Commission for direct reply.

Pupil-Teacher Ratios.

706. Mr. Lowry asked the Minister for Edu-cation and Science if she has received correspon-dence from a school (details supplied) in CountyTipperary; her views on the correspondence; thesteps she will take to review class size cut-offpoints; and if she will make a statement on thematter. [28710/05]

Minister for Education and Science (MsHanafin): The mainstream staffing of a primaryschool is determined by reference to the enrol-ment of the school on 30 September of the pre-vious school year. This is in accordance withguidelines agreed between my Department andthe education partners. The staffing schedule isoutlined in a circular issued annually to allprimary schools. The system for allocating


[Ms Hanafin.]

teachers to primary schools is based on ensuringan overall maximum class of 29 in each school.Where some classes in a school have class sizesof greater than 29, it is generally because adecision has been taken at local level to use theirteaching resources to have smaller numbers inother classes.

To ensure transparency and openness in thesystem, an independent primary staffing appealboard is now in place to decide on any appealson mainstream staffing. The staffing of the schoolreferred to by the Deputy for the 2005-06 schoolyear was considered by the appeal board on 14June 2005 and was rejected. I understand that theboard of management of the school was notifiedof the appeal board’s decision on 15 June 2005.The decision of the appeal board is final. I amsure the Deputy will appreciate that it would notbe appropriate for me to intervene in the oper-ation of the independent appeal board.

The school made an application for capitalfunding towards the provision of additional ancil-lary accommodation. The application has beenassessed in accordance with the published prior-itisation criteria, which were revised last year fol-lowing consultation with the education partners.The project is being considered in the context ofthe school building and modernisation prog-ramme 2005-09. The school also made an appli-cation for additional accommodation under theadditional accommodation scheme 2006. Theschool planning section of my Department is con-sidering all applications made under this scheme.

School Transport.

707. Mr. Crowe asked the Minister for Edu-cation and Science the reason Bus Eireannrefused to issue bus tickets for children returningfrom a school (details supplied). [28711/05]

Minister for Education and Science (MsHanafin): As the Deputy does not provide detailsof the individual pupils concerned, I am not in aposition to comment on any specific cases.However, I understand children from the areaidentified by the Deputy attend the nationalschool referred to in the details supplied. Thegeneral position under the terms of the primaryschool transport scheme is that children are eli-gible, subject to conditions, for free transport totheir nearest national school or school of amal-gamation.

Pupils not attending their nearest nationalschool or school of amalgamation may, subject toconditions, avail of concessionary fare-payingtransport to another school, subject to spareaccommodation being available on the bus andprovided that no extra State cost is incurred byextending or re-routing the service. The eligibilityof such pupils would be assessed for concession-

ary fare-paying transport by Bus Eireann, whichorganises school transport on behalf of myDepartment, subject to the usual terms of theschool transport scheme. I understand that, afterall eligible pupils were accommodated on theservice covering the area referred to by theDeputy, a sufficient number of spare seats wasnot available to facilitate pupils applying for con-cessionary fare-paying transport.


708. Mr. Crowe asked the Minister for Edu-cation and Science the position regarding the pro-posed extension for a school (details supplied) inthe context of the school building and modernis-ation programme 2005-09. [28712/05]

Minister for Education and Science (MsHanafin): The school referred to by the Deputyapplied for a general purposes room and ancillaryaccommodation. The application has beenassessed in accordance with the published prior-itisation criteria which was revised last year fol-lowing consultation with the education partners.The project is being considered for progression inthe context of the school building and modernis-ation programme 2005-09.

709. Ms Cooper-Flynn asked the Minister forEducation and Science if, in view of the recentannouncement of a \300 million allocation forpost primary school when she will approve fund-ing for the provision of a sports hall at a college(details supplied) in County Mayo. [28714/05]

Minister for Education and Science (MsHanafin): The PE hall project at the school towhich the Deputy refers has been assessed inaccordance with the published prioritisationcriteria, which were revised last year followingconsultation with the education partners. Theproject will be considered in the context of theschool building and modernisation programme2005-09.

Pupil-Teacher Ratios.

710. Mr. Allen asked the Minister for Edu-cation and Science if information will be providedon the primary schools which have 30 children ormore in their classes in Cork city and county for2003, 2004 and 2005. [28715/05]

Minister for Education and Science (MsHanafin): In the 2003-04 school year the numberof children in classes of 30 or more was 3,260 inCork city and 9,107 Cork county. In the 2004-05school year the provisional figure for the numberof children in classes of 30 or more is 3,159 inCork city and 10,451 in Cork county. The figuresfor the 2005-06 school year are not available from


my Department. The progress made in reducingclass sizes in Cork in recent years is evident fromthe fact that in 1997, 8,075 children were inclasses of 30 or more in Cork city and 13,995 chil-dren were in classes of 30 plus in Cork county.

The Deputy should be aware that significantimprovements have been made in the pupil-teacher ratio in recent years. The pupil-teacherratio, which includes all the teachers includingresource teachers, has fallen from 22.2:1 in the1996-97 school year to a projected 17.1:1 in 2004-05. More than 4,500 additional teachers havebeen employed in our primary schools since 1997.In allocating teaching posts, regard has been hadto the commitments of the Government to reduceclass size, tackle educational disadvantage andprovide additional resources for pupils withspecial educational needs. The additional teach-ing posts created since 1997 have been deployedto address all of these priorities.

Regarding the number of classes in our schoolswith over 30 pupils, the Deputy should be awarethat the general rule is that schools are staffed onthe basis of having a maximum class size of 29across the school. Where some classes in a schoolhave class sizes of greater than 29, it is oftenbecause a decision has been taken at local levelto use teaching resources to have smallernumbers in other classes. Therefore, figures onthe number of children in classes over 30 shouldbe interpreted with caution. What is more instruc-tive is the average class size in a particular school.The average class size in Cork city in 2004-05 was22.9 and the average class size in Cork countywas 24.6.

Regarding providing for children with specialeducational needs, more than 5,000 teachers inour primary schools work directly with childrenwith special needs, including those requiringlearning support. This compares to less than 1,500in 1998. One out of every five primary schoolteachers now works specifically with childrenwith special needs. The Deputy will be aware ofthe new action plan for educational inclusion,delivering equality of opportunity in schools,DEIS, which I launched recently. This action planwill result in the reduction in class sizes of 24:1 atsenior level and 20:1 at junior level in 150 primaryschools serving communities with the highest con-centrations of disadvantage.

In line with the commitment in the programmefor Government, class sizes will be furtherreduced. The deployment of additional posts willbe decided within the context of the overall policythat priority will be given to pupils with specialneeds, those from disadvantaged areas and jun-ior classes.

Adult Education.

711. Mr. Kehoe asked the Minister for Edu-cation and Science if grant funding for a course

in training and education was allocated directlyto the county vocational educational committeein 2005 when in previous years funding was allo-cated via a person (details supplied); the way inwhich this person can go about applying for agrant for fees; and if she will make a statementon the matter. [28720/05]

Minister for Education and Science (MsHanafin): Further and adult education in-careertraining budgets hitherto administered by individ-ual national co-ordinators of Youthreach, seniorTraveller training centres and VTOS programmeshave been amalgamated into one continuing pro-fessional development, CPD, budget to be admin-istered and spent locally by vocational educationcommittees, VECs. This new approach willensure the decision-making process in deployinga budget moves from national to local level. Itwill also enable the VECs to integrate existingfurther and adult in-career development prog-ramme budgets into a single continuing pro-fessional development budget that supports bothfull-time and part time staff working in VECmanaged and co-ordinated programmes.

Annual funding is made available to providecertainty on the available CPD funding so thatVECs can plan an annual CPD programme; stan-dardise the approach to the provision of CPD infurther and adult education at national and locallevels; maximise the effectiveness, coherence andreach of CPD activities; facilitate decision-mak-ing at the point of delivery of CPD activities;encourage provision of generic CPD prog-rammes; encourage VECs to consider providingjoint CPD programmes and stimulate and sup-port further and adult education programmes.

Each VEC, including that in County Wexford,has been allocated funding for 2005 for the deliv-ery of a continuing professional programme forYouthreach, senior Traveller training centre andVTOS staff. Individuals seeking financial supporttowards the cost of fees may make applicationsdirectly to their respective employer VEC.


712. Mr. Perry asked the Minister for Edu-cation and Science the progress made on theapplication for funding for the provision of ageneral purpose classroom at a school (detailssupplied) in County Sligo; if money will be allo-cated in view of the fact that this school is locatedin a catchment area that is experiencing a growthin population; when the work will commence andthe timescale involved; and if she will make astatement on the matter. [28725/05]

Minister for Education and Science (MsHanafin): The application from the schoolreferred to by the Deputy has been assessed inaccordance with the published prioritisation


[Ms Hanafin.]

criteria which was revised last year following con-sultation with the education partners. The projectis being considered for progression in the contextof the school building and modernisation prog-ramme 2005-09.

713. Mr. Wall asked the Minister for Educationand Science the position regarding the provisionof a new school at Nurney, County Kildare inview of the efforts of the local committee andparents council to provide the funding to pur-chase the school site; and if she will make a state-ment on the matter. [28728/05]

Minister for Education and Science (MsHanafin): The new eight classroom building pro-ject for the school referred to by the Deputy is atan early stage of architectural planning. MyDepartment’s officials are in the process of exam-ining a recently received stage 2 submission,developed sketch scheme. When this examinationis completed they will be in contact with theschool authorities with regard to the next stepsinvolved in progressing this building project.

Vocational Educational Committees.

714. Dr. Cowley asked the Minister for Edu-cation and Science if the necessary funds will beprovided to ensure that there is no disruption ofthe adult literacy and child care courses withinthe Mayo vocational educational committee’sarea; if the monies will continue to be paid; andif she will make a statement on the matter.[28730/05]

716. Mr. Ring asked the Minister for Educationand Science the cutbacks that are proposed or aretaking place within the vocational educationalcommittee; the reason for the proposed cutbacks;the number of persons who will be affected on acounty basis; the savings which will occur as adirect result; and if she will make a statement onthe matter. [28742/05]

717. Mr. Ring asked the Minister for Educationand Science the cutbacks that are proposed or aretaking place within the vocational educationalcommittee in County Mayo; the reason for theproposed cutbacks; the number of persons whowill be affected; the savings which will occur as adirect result; and if she will make a statement onthe matter. [28743/05]

Minister for Education and Science (MsHanafin): I propose to take Questions Nos. 714,716 and 717 together.

My Department was contacted by the chiefexecutive officer of County Mayo VocationalEducation Committee, Mr. Joseph Langan, onFriday 7 October about this matter. My officials

requested that the matter be put in writing so itcould be considered. As yet no written communi-cation has been received. The adult literacyservices are delivered locally by vocational edu-cation committees, VECs, under the budget foradult literacy, community education and thespecial initiatives for disadvantaged adultsscheme. The national position regarding the allo-cations is as follows.

My Department notified all VECs by letter onMarch 30 2005 of their provision for 2005 cover-ing their further education programmes. Theseinclude adult literacy and community educationprogramme, the vocational training opportunitiesscheme, post leaving certificate courses, seniorTraveller training centres, Youthreach, and theback to education initiative. The provision forCounty Mayo VEC for the adult literacy prog-ramme in 2005 is \422,187 as against an allocationof \406,176 for 2004. This represents an increaseof 10.39% which was one of the highest percent-age increases to any VEC. The correspondingincrease in the overall subhead was 9%. Thisincrease was in recognition of the demographicfactors and the dispersed nature of the populationin that county. The number of literacy clients for2004 was 660.

Under the Vocational Education(Amendment) Act 2001, each VEC must remainwithin its allocation for the year. The VEC hasdiscretion over how it allocates its resources andthe nature and extent of adult literacy provided.However, it is expected that each VEC plans itsactivities to ensure literacy services are availablethroughout the year, based on the annual budgetprovided. On a national level, my Departmenthas increased the resources for adult literacy fromapproximately \1.3million in 1997 to \22 millionthis year. Numbers of clients have increased from5,000 in 2000 to 33,000 in 2004. County Mayo hasplayed its part in the expansion of client numbersand service, as seen by an increase in clients from316 in 2000 to 660 in 2004. The six month returnto June 2005 indicates 763 clients.

Notwithstanding the impressive increase innumbers it is important that VECs plan their lit-eracy courses for the full 12 months within thebudget provided. I re-iterate that my departmentwas given little prior warning of this matter andlooks forward to receiving written communi-cation from County Mayo VEC.

School Transport.

715. Mr. Noonan asked the Minister for Edu-cation and Science if school bus transport will beprovided for first year pupils attending a school(details supplied) in County Limerick as a resultof the discussions between officials of her Depart-ment and the parents committee of the school on7 October 2005; if her attention has been drawnto the fact that the parents are seeking no new


concession merely the maintenance of the statusquo which has prevailed since the mid 1990s; andif she will make a statement on the matter.[28740/05]

Minister for Education and Science (MsHanafin): The report of the recent meetingbetween parent representatives and officials ofmy Department regarding school transport forfirst year pupils attending the school referred toby the Deputy has been presented to me and theMinister of State, Deputy Sıle de Valera. The keyconsideration in this matter was that the arrange-ments were contrary to the provisions of the postprimary school transport scheme. The Deputywill appreciate that the scheme is intended to beof general application throughout the countryand any departure from its provisions damages itsintegrity. Therefore, while I note the strong viewsof parents on the matter, my concern is to ensurethat such services are accessible by all eligiblestudents on an equal basis.

Questions Nos. 716 and 717, inclusive,answered with Question No. 714.

Education Schemes.

718. Ms C. Murphy asked the Minister for Edu-cation and Science if she will reverse the decisionto discontinue home tuition provision to a person(details supplied) in County Kildare as of 22December 2005; and if she will make a statementon the matter. [28744/05]

Minister for Education and Science (MsHanafin): As the Deputy may be aware, the hometuition scheme is primarily intended to providecompensatory instruction for pupils who have amedical ailment that is likely to cause major dis-ruption to their attendance at school. In this con-text, my Department provides home tuitiongrants in respect of pupils who cannot attendschool at all, or who are absent for a significantproportion of the school year. My Departmentalso sanctions home tuition in cases where chil-dren are awaiting a suitable school placement.

I can confirm that the pupil in question isenrolled in a mainstream primary school withappropriate supports. The pupil had also been inreceipt of a home tuition grant. My Departmentconsiders that the most appropriate interventionfor all children is school-based and has discon-tinued the practice whereby children who are infull-time education would also be able to avail ofhome tuition grants.

A number of dedicated resources are nowdeployed to support children with special edu-cational needs in the primary system. More than5,000 teachers in our primary schools workdirectly with children with special needs, includ-ing those requiring learning support. This com-

pares to less than 1,500 in 1998. One out of everyfive primary school teachers now works specifi-cally with children with special needs. Approxi-mately 6,000 special needs assistants work in thesystem, more than \30 million is spent on schooltransport for special needs pupils and more than\3 million has gone towards specialised equip-ment and materials.

My Department has written to this pupil’sparents confirming its intention to discontinuethe practice of sanctioning home tuition grantsfor pupils who are also in full-time education.This has also been communicated to the pupil’sschool. However, in the interim my Departmenthas sanctioned the continuance of the home tui-tion grant for this pupil to the end of the currentschool term to allow further consideration to begiven to the pupil’s needs. In this regard, theschool has been requested to make contact withthe local special education needs organiser,SENO, to discuss how the needs of the pupil canbe met by the school.

State Property.

719. Mr. Lowry asked the Minister for Edu-cation and Science if a property (details supplied)is in her Department’s ownership; her immediateand long term plans for the property; and if shewill make a statement on the matter. [28749/05]

Minister for Education and Science (MsHanafin): The site in question is in the ownershipof the Department. My Department is examiningwhether the site in question may have potentialuse in the context of overall education require-ments in the area.


720. Ms C. Murphy asked the Minister for Edu-cation and Science the number of court actionsregarding the provision of school places forstudents with special needs and the provision ofresources relating to students with special needswhich her Department has been involved in dur-ing 2003, 2004, and 2005; the number of theseactions which progressed to the hearing stage; thenumber of cases that resulted in the provision ofthe school places or resources sought by theplaintiffs; the costs which were incurred by herDepartment in responding to these court actions;and if she will make a statement on thematter. [28750/05]

Minister for Education and Science (MsHanafin): As the Deputy is aware enormous pro-gress has been made over the past number ofyears as regards increasing the number ofteachers and other supports in our schools whichare specifically dedicated to providing educationfor children with special educational needs.


[Ms Hanafin.]

At primary level there are now approximately5,000 teachers working directly with children withspecial needs, including those requiring learningsupport. This compares with fewer than 1,500 in1998. One out of every five primary schoolteachers is now working specifically with childrenwith special needs. At second level, there areapproximately 1,600 whole-time equivalentresource teachers in place to support pupils withspecial educational needs. This compares with theapproximately 200 teachers that were in place inthe 1997-98 school year for such pupils. Further-more there are approximately 6,300 whole timeequivalent special needs assistants, SNAs, in ourprimary and second level schools supporting chil-dren with special needs.

In addition to the issue of resources at schoollevel, the National Council for Special Educationhas also been established. This council hasapproximately 100 staff, the great majority ofwhom are special educational needs organisers,SENOs, who are locally based throughout thecountry. The role of the SENOs is to ensure thatall special educational needs in their areas areaddressed in an effective manner.

In particular, the SENOs are a focal point ofcontact for parents, guardians and schools andprocess applications for resources for childrenwith special educational needs. I am satisfied thatthe establishment of the council and the work ofthe SENOs is transforming the delivery of specialeducational services in this country. The Edu-cation for Persons with Special EducationalNeeds Act was passed in 2004. This Act providesa framework for future development of specialeducational needs services and provides a legis-lative basis for assessment, for individual edu-cational plans and for the delivery of services onfoot of those plans. It also ensures that parentshave a right to be consulted and kept fullyinformed at all stages of the process. The Act alsocontains provisions regarding rights of appealwhere parents are dissatisfied with decisions con-cerning the education of their children. I am satis-fied that this Act provides a very comprehensiveapproach to the future delivery of services.

I am confident that the State has faced up tothe issue of providing appropriate educationalprovision for all children with special needs andthat much work has been done to ensure that thenecessary resources and structures are in place. Iwill continue to prioritise the issue of specialneeds education and, in co-operation with theNational Council for Special Education, ensurethat all children with special needs are adequatelyresourced to enable them to meet their fullpotential.

Higher Education Grants.

721. Mr. Timmins asked the Minister for Edu-

cation and Science the position regarding astudent who has completed a masters and hasbeen accepted for a doctorate in UniversityCollege Galway who did not qualify for a grantas a mature student in 2004 as they were not over23 years; if they will be eligible to apply as this isa three year course leading to a doctorate; and ifshe will make a statement on the matter.[28751/05]

Minister for Education and Science (MsHanafin): Under the terms of my Department’sthird level maintenance grant schemes, a maturestudent is defined as a candidate who is at least23 years of age on 1 January of the year of entryor re-entry to an approved course.

Such people are categorised as either indepen-dent or mature students dependent on parents.An independent mature student is someone whowas not ordinarily resident at home with his orher parents from the October preceding entry orre-entry to an approved course. Independentmature students are assessed without reference toeither their parents’ incomes or addresses.

When assessing the means of people other thanindependent mature students, the schemes spec-ify that the students’ means and those of theirparents or guardians must be below a prescribedlimit. This provision requires that parentalincome be taken into account irrespective of theindividual circumstances in any case where thestudent is not an independent mature student.

Generally speaking, candidates continue to beassessed under the terms and conditions of thescheme appropriate to their year of entry.Accordingly, candidates who were not classifiedas independent mature students at the time ofentry to an approved course may not generally beassessed as such for the duration of their courses.

There is, however, provision under the termsof the schemes for candidates who are re-enteringas mature students, following a break in study ofat least one year, to pursue or complete anapproved course for the first time. Such candi-dates may be assessed under the terms of thescheme appropriate to the year in which they re-enter.

Site Acquisitions.

722. Ms C. Murphy asked the Minister for Edu-cation and Science if the Office of Public Workshas identified a site for a school (details supplied)in County Kildare; if not, the reason for delay onthis project; and the projected timeframe withinwhich the project will commence and be com-pleted. [28756/05]

Minister for Education and Science (MsHanafin): The property management section ofthe Office of Public Works which acts on behalfof the Department of Education and Science in


relation to site acquisitions generally, is continu-ing, in consultation with the local authority, toexplore all possibilities in relation to the acquis-ition of a site for the school referred to by theDeputy.

Every effort is being made to ensure that a suit-able site is acquired as soon as possible. Follow-ing the acquisition of a site, the building projectfor the school will be considered in the context ofthe schools building and modernisation prog-ramme 2005 to 2009.

School Staffing.

723. Ms C. Murphy asked the Minister for Edu-cation and Science if she will ensure that bothprevious school population statistics and futuredemand for school places will be taken intoaccount when allocating resources and staff toschools; if her attention has been drawn to thefact that depending solely on statistics from pre-vious years to assess the need for extra staff andresources frustrates the efforts of schools to caterfor the needs of growing populations; her plansto look into this system of needs assessment; andif she will make a statement on the matter.[28760/05]

Minister for Education and Science (MsHanafin): The mainstream staffing of a primaryschool is determined by reference to the enrol-ment of the school on 30 September of the pre-vious school year. This is in accordance withguidelines agreed between my Department andthe education partners. The staffing schedule isoutlined in a circular which is issued annually toall primary schools.

Within the terms of the current staffingarrangements for primary schools there is pro-vision for additional posts, referred to asdeveloping school posts, to be assigned to schoolson the basis of projected enrolments for the nextschool year. Under these arrangements, adeveloping school post may be sanctioned pro-visionally where the projected enrolment at 30September of the school year in question equalsor exceeds a specified figure. If the specified fig-ure is not achieved on 30 September, sanction forthe post is withdrawn.

To ensure openness and transparency in thesystem an independent appeals board is now inplace to decide on any appeals with regard tostaffing. The criteria under which an appeal canbe made are set out in primary circular 19/02which is available on my Department’s website.


724. Mr. Hayes asked the Minister for Edu-cation and Science if home tuition will berestored to a person (details supplied) in County

Tipperary until Christmas as was indicated by herDepartment. [28761/05]

Minister for Education and Science (MsHanafin): As the Deputy may be aware, the hometuition scheme is primarily intended to providecompensatory instruction for pupils who have amedical ailment that is likely to cause major dis-ruption to their attendance at school. In this con-text, my Department provides home tuitiongrants in respect of pupils who cannot attendschool at all, or who are absent for a significantproportion of the school year. The Departmentalso sanctions home tuition in cases where chil-dren are awaiting a suitable school placement.

The Department considers that school-basededucation provision is the most appropriate inter-vention for all children and has discontinued thepractice whereby children who are in full-timeeducation provision would also be able to avail ofhome tuition grants. The child referred to by theDeputy was in receipt of a home tuition grantwhile awaiting school placement. I can confirmthat she is now enrolled in a special school sinceSeptember 2005. Her needs are being catered forin a special class for pupils with autism with amaximum pupil teacher ratio of 6:1 together withspecial needs assistant support. As the pupil isnow in full-time education, the matter of the con-tinuance of home tuition no longer arises. Theapplication for home tuition was thereforerefused and the parents were notified accordinglyon 16 September 2005. I can confirm that myDepartment has received correspondence fromthe parent of the pupil in question appealing myDepartment’s decision and a response will issueas quickly as possible.


725. Mr. Hayes asked the Minister for Edu-cation and Science the position regarding anapplication for additional facilities for a school(details supplied) in County Tipperary.[28768/05]

Minister for Education and Science (MsHanafin): As part of the expansion of thedevolved scheme for primary school buildingworks, a grant of \350,000 was sanctioned toenable the management authorities of the schoolin question to provide additional accommodation.The initiative allows boards of management toaddress their accommodation and building priori-ties with a guaranteed amount of funding andgives them control of building projects. In thisparticular case the building works are welladvanced and 70% of the funding has beendrawn down.



726. Mr. Curran asked the Minister for Edu-cation and Science when a decision to sanctionresource teaching hours for a person at a school(details supplied) in County Dublin will bemade. [28771/05]

Minister for Education and Science (MsHanafin): The Deputy will be aware that theNational Council for Special Education, NCSE,which was established recently, and which hasbeen operational since 1 January 2005, is respon-sible for processing applications for special edu-cational needs, SEN, supports. More than 70special educational needs organisers, SENOs,have been recruited and are a focal point of con-tact for schools and parents. My officials havebeen advised by the NCSE that an application hasbeen received for individual resource teachingsupport for the pupil referred to by the Deputy.The local SENO has sanctioned 3.5 hours’resource teaching hours and the school auth-orities were notified on 13 September 2005.

Schools Recognition.

727. Mr. Curran asked the Minister for Edu-cation and Science if a school (details supplied)in County Dublin has applied for formal recognit-ion; if such a request was made; the response ofher Department; and the reasons consideredwhen deciding this request. [28772/05]

Minister for Education and Science (MsHanafin): My Department has had some informaldiscussions with the school to which the Deputyrefers. However, the school authority has yet tomake a formal application for recognition to thenew schools advisory committee. The closing datefor a notice of intention to apply for the recognit-ion of a new school to commence operation forthe 2006-07 school year was 20 September 2005.The criteria for the recognition of new schoolsare as follows:

Recognition of New Primary Schools Criteria— Evidence that the proposed school meets aneed that cannot reasonably be met within exist-ing provision; the local community is consulted inadvance; the patron has been registered as suchby the Minister for Education and Science; aboard of management will be appointed inaccordance with the requirements of the Depart-ment of Education and Science; theRules forNational Schools will be complied with; the pro-posed school has a minimum initial enrolment of17 junior infants and a minimum projected enrol-ment of 51 pupils for the third year of operation;all pupils are at least four years of age on 30thSeptember of the year in which the school is dueto commence operation; in accordance withSection 10 (2) (e) of the Education Act 1998, theproposed interim accommodation complies with

the Local Government (Planning andDevelopment) Acts 1963 to 1996, the BuildingRegulations 1991 to 1997 (including the BuildingControl Regulations), the Health, Safety andWelfare Act, 1989 and any modifications, statu-tory instruments or orders made in accordancewith these Acts; the school will follow thePrimary School Curriculum of the Department ofEducation and Science; and the school willemploy recognised primary school teachers.

Higher Education Grants.

728. Mr. P. Breen asked the Minister for Edu-cation and Science if a person (details supplied)in County Clare will receive a refund in collegefees; and if she will make a statement on thematter. [28776/05]

Minister for Education and Science (MsHanafin): Under my Department’s free feesinitiative, tuition fees are not paid in respect ofstudents doing repeat years or repeating a yearlevel having changed, but not completed, theirundergraduate courses. This condition may bewaived in exceptional circumstances, such as incases of certified serious illness. As regards thisparticular case, I understand that the college hasadvised the student that on the basis of the medi-cal evidence produced the student will not beliable to pay tuition fees.



730. Mr. Ring asked the Minister for Educationand Science the position regarding the provisionof a new secondary school in Newport, CountyMayo; if an assessment has been carried out;when a decision and announcement will be maderegarding whether this school will go ahead; andif she will make a statement on the matter.[29092/05]

Minister for Education and Science (MsHanafin): Last year a new planning model wasintroduced for educational infrastructure toensure that, in future, school provision is decidedafter a transparent consultation process. In thisregard, trustees, parents, sponsors of prospectiveschools and all interested parties from a localityhave the opportunity to have their voices heardin the process.

A draft development plan for Newport andWestport up to 2010 was published by myDepartment in January 2005. The public consul-tation process has been completed by the com-mission on school accommodation on the draftplan for Newport-Westport and it is anticipatedthat the final area development plan will be pub-


lished shortly. The plan will provide a blueprintfor educational provision in the area for the nextdecade, against which all capital funding decisionsincluding the provision of a new second levelschool for Newport, will be made.

Residential Institutions Redress Board.

731. Ms O’Sullivan asked the Minister for Edu-cation and Science if an investigation will be car-ried out into claims that some legal representa-tives charged clients who attended theResidential Institutions Redress Board fees thathad already been covered by the State; and if shewill make a statement on the matter. [29107/05]

732. Ms O’Sullivan asked the Minister for Edu-cation and Science if claimants to the ResidentialInstitutions Redress Board will be fully informedof the fact that their legal fees are entirelycovered by the State; and if she will make a state-ment on the matter. [29108/05]

733. Ms O’Sullivan asked the Minister for Edu-cation and Science if immediate steps will betaken to ensure that claimants to the ResidentialInstitutional Redress Board received the entiretyof their payments and that legal representativesare prevented from deducting any alleged chargesfrom them in view of the fact that legal fees arepaid directly by the Board; and if she will makea statement on the matter. [29109/05]

Minister for Education and Science (MsHanafin): I propose to take Questions Nos. 731to 733, inclusive, together.

Section 27 of the Residential InstitutionsRedress Act 2002 provides that all reasonablelegal costs and other costs associated with thepreparation and presentation of an application tothe redress board will be met by the board. In theevent that agreement cannot be reached betweenthe board and the applicant’s legal representative,the matter is referred to the Taxing Master of theHigh Court for determination.

The redress board’s published guidelines andother publicity material on the redress schemespecifically highlight the fact that all reasonablelegal costs incurred in respect of applications forredress are payable by the board. Furthermore,as solicitors are required under law to fullyinform their clients, in writing, of the legal costspayable in their case, it is incumbent on the solici-tor to inform an applicant to the redress boardthat all reasonable legal costs will be met by theboard and that the applicant should not have topay any legal costs.

The Law Society of Ireland is the body respon-sible under law for regulating the solicitor pro-fession and as such it is a matter for the societyto investigate complaints about the conduct of asolicitor. Earlier this year, my Department

became aware that the society had taken the viewthat it was precluded from investigating com-plaints from applicants concerning overchargingby solicitors as a result of the prohibition on dis-closure of information under section 28 of theRedress Act. Arising from this, I included anamendment to this section on the CommitteeStage of the Commission to Inquire into ChildAbuse (Amendment) Bill 2005 to enable the LawSociety to investigate such complaints. This Billwas enacted into law on 9 July 2005. In earlyOctober, the Attorney General wrote to the LawSociety and the Bar Council in clarification of theissue. That correspondence is ongoing.

The redress scheme was set up by the Govern-ment to help alleviate the injury and sufferingexperienced by victims of child abuse in residen-tial institutional care. Awards made by the boardare payable in full to the applicant, without anydeduction for costs. It is a disgraceful practicethat some solicitors take advantage of theirclients by overcharging, as reported. I welcomethe steps taken by the Law Society to examineand deal with the issue of overcharging by solici-tors and to ensure that applicants to the redressboard are fully reimbursed where this has arisen.I expect the society to take whatever action isappropriate.


734. Mr. Hayes asked the Minister for Edu-cation and Science the position regarding theapplication by a school (details supplied) inCounty Tipperary for additional facilities andimproved conditions. [29110/05]

Minister for Education and Science (MsHanafin): The school planning section of myDepartment is assessing the post rationalisationaccommodation needs of the schools to which theDeputy refers. In this regard, the local inspectorhas been requested to provide long term projec-tions for both schools to establish the extent ofaccommodation needed to facilitate the amalga-mation. In addition, a technical inspection hasbeen carried out on the existing buildings todetermine which, if either, would be suitable toact as a host for the new school. A greenfield sitesolution will be necessary if a host does notemerge. The technical report will be available inthe Department shortly.

In the meantime, the project has been assessedin accordance with the prioritisation criteria forlarge scale projects. It will be considered for com-mencement of architectural planning when thevarious strands have been pulled together interms of the long term projected enrolment anda proposed accommodation solution.


Academic Qualifications.

735. Ms O’Sullivan asked the Minister for Edu-cation and Science if her attention has beendrawn to the fact that a PhD in a scientific field isa degree obtained by research; her Department’sviews on whether it is academic fraud for appli-cants for positions which require a PhD to relyon degrees purchased on the basis of life experi-ence or other academically invalid criteria frombodies without academic campuses, qualified fac-ulty members or three-year degree programmes;and if she will make a statement on thematter. [29111/05]

736. Ms O’Sullivan asked the Minister for Edu-cation and Science if her attention has beendrawn to the existence of diploma mills claimingto be universities which issue bogus degrees,including doctoral degrees, on the basis of lifeexperience or other academically invalid criteria;if so, the steps she has taken to ensure no personclaiming a degree from such a bogus university ispermitted to rely on such a degree for the pur-poses of any job application in the public orprivate sectors; if she will introduce legislation toensure claimed foreign degrees may be validatedfor use in the State on grounds of academic credi-bility; and if she will make a statement on thematter. [29112/05]


The question of assessing the relevance andstatus of qualifications for any post is a matter forthe employer in each case, irrespective of whetherit is in the public or private sector. However, Iam aware that a number of companies registeredin Ireland are using the title “university” in con-travention of section 52 of the Universities Act1997. My Department is pursuing such organis-ations with a view to restraining them from usingthis title and securing compliance with thelegislation.

School Transport.

737. Mr. Naughten asked the Minister for Edu-cation and Science, further to ParliamentaryQuestion No. 734 of 28 June 2005, if she willreport on the circumstances surrounding the acci-dent and the steps being taken to ensure such anincident is not repeated; and if she will make astatement on the matter. [29124/05]

Minister for Education and Science (MsHanafin): The accident referred to by the Deputywas the subject of separate investigations by theGarda and Bus Eireann, which operates theschool transport schemes on behalf of my Depart-ment. Active consideration is being given by myDepartment to the measures that may be

required to enhance the safety of school transportoperations. The circumstances of the accidentreferred to by the Deputy are being borne inmind in that context.


738. Ms Burton asked the Minister for Edu-cation and Science the position in respect ofshared facilities at a school (details supplied) inDublin 15; if an agreement has been signedbetween her Department and Fingal CountyCouncil; the provision which has been made forparticipation by local residents and organisationsin the management, running and access to theshared community facility; the person or entityresponsible for insurance; the estimated overallcost of the project; the contribution of herDepartment; and if she will make a statement onthe matter. [29129/05]

Minister for Education and Science (MsHanafin): My Department has reached agree-ment in principle with Fingal County Council andthe management authority of the school to whichthe Deputy refers, that the hall being providedwill serve the needs of the local community alongwith those of the school. The details of how thisarrangement will work have yet to be finalised atlocal level. I understand an initial meeting of acommittee formed to oversee the management ofthe hall has taken place.

Officials in the school planning section of myDepartment have arranged a further meetingwith Fingal County Council and the school’s man-agement authority to resolve any outstandingissues regarding the management and admini-stration of this shared facility. Fingal CountyCouncil has made a financial contribution to thatportion of the hall already built. It will also fundthe remaining portion of the hall, yet to be con-structed.


739. Mr. Perry asked the Minister for Edu-cation and Science the progress made on theapplication submitted for refurbishment of aschool (details supplied) in County Leitrim; if thenecessary moneys have been allocated; when thiswork will commence; the timescale involved; andif she will make a statement on the matter.[29270/05]

Minister for Education and Science (MsHanafin): The application from the schoolreferred to by the Deputy has been assessed inaccordance with the published prioritisationcriteria which was revised last year following con-sultation with the education partners. The projectis being considered for progression in the context


of the school building and modernisation prog-ramme 2005-09.


740. Mr. Ring asked the Minister for Educationand Science the reason a person (details supplied)in County Mayo is not receiving 3.5 hours con-tinued resource teaching support per week asrecommended by their psychologist; and if thiscase will be reviewed. [29272/05]

Minister for Education and Science (MsHanafin): I confirm that an application for indi-vidual resource teaching hours was made to therelevant special educational needs organiser,SENO, of the National Council for Special Edu-cation, NCSE. The application in question did notmeet the criteria for resource teaching hours andthis decision was conveyed to the pupil’s parentsby the SENO. The NCSE will, however, under-take to review a decision on resource teachingsupports on foot of a request from the school orparents-guardians when accompanied by relevantadditional information, which may not have beento hand at the time of the original decision. TheNCSE has outlined this process in its circular01/05 which issued to all primary schools.


741. Mr. Wall asked the Minister for Educationand Science the position regarding the provisionof a new school at Nurney, County Kildare inview of the efforts of the local committee andparents council to provide the funding to pur-chase the school site; and if she will make a state-ment on the matter. [29273/05]

Minister for Education and Science (MsHanafin): The new eight-classroom building pro-ject for the school referred to by the Deputy is atan early stage of architectural planning. MyDepartment’s officials are in the process of exam-ining a recently received stage 2 submission —developed sketch scheme — and when this exam-ination is completed will be in contact with theschool authorities with regard to the next stepsinvolved in progressing this building project.

Departmental Bodies.

742. Mr. Haughey asked the Minister for Edu-cation and Science the contact details for theNational Council for Special Education; the nameof the chief executive; and if she will make astatement on the matter. [29274/05]

Minister for Education and Science (MsHanafin): The National Council for Special Edu-cation, NCSE, became operational on 1 January2005 and is based at Mill Street, Trim, CountyMeath, Telephone: 046 9486400. The chief execu-

tive officer is Mr. Pat Curtin. The NCSE websiteaddress is www.ncse.ie.


743. Mr. Carey asked the Minister for Edu-cation and Science her budget for literacy inadults in each year from 2000 to 2005; if there isa separate literacy budget for the Prison Service;the amount which has been allocated to the Cityof Dublin Vocational Educational Committee forliteracy initiatives in each of the years alreadymentioned; the number of literacy organisers whoare employed in the Dublin area; and if she willmake a statement on the matter. [29275/05]

Minister for Education and Science (MsHanafin): My Department funds the provision ofadult literacy, which is delivered by the vocationaleducation committees, from the adult literacy andcommunity education — ALCES — budget. Thenational development plan committed \93.5 mil-lion to the service in the period 2000-06, with atarget of reaching 113,000 clients over thatperiod. This target will be met.

The Department’s budget for adult literacy forthe years 2000-05 was \10.6 million for 2000;\13.6 million for 2001; \16.7 million for 2002;\17.9 million for 2003; \19.2 million for 2004; and\22 million for 2005. My Department, under aseparate budget, provides for an educationservice in the prisons. This prison educationbudget includes literacy.

The amount allocated to City of Dublin VECfor literacy initiatives in each of the years 2001-05 was \1,194,457 for 2001; \2,718,106 for 2002;\2,687,136 for 2003; \2,734,000 for 2004; and\2,908,406 for 2005. The amount allocated for theyear 2000 is not readily available as it is archived.The Department will, however, furnish this infor-mation to the Deputy within the next few days. Itshould be noted that the figure for 2005 rep-resents the provision only.

The returns made to the Department for theyear ended December 2004 indicate that City ofDublin VEC has four full-time and six part-timeadult literacy organisers; Dun Laoghaire VEChas one full-time and no part-time adult literacyorganiser; and County Dublin VEC has five full-time and six part-time adult literacy organisers.The Dublin Adult Learning Centre is funded sep-arately to provide literacy services in its catch-ment area. This funding is additional to the Cityof Dublin VEC funding detailed above but ischannelled through the City of Dublin VEC foradministrative purposes.

School Services Staff.

744. Mr. Carey asked the Minister for Edu-cation and Science the reason, in view of theenormous workload of a person (details supplied)


[Mr. Carey.]

in Dublin 11 who is employed as part-time sec-retary cannot be approved and funded by herDepartment to work in a full-time capacity; andif she will make a statement on the matter.[29276/05]

Minister for Education and Science (MsHanafin): My Department provides fundingtowards the cost of secretarial and caretakingservices in primary schools under two separateschemes. One scheme is the 1978-79 scheme forthe employment of full-time secretaries and care-takers in primary schools, under which myDepartment meets the full cost of salary. Thisscheme is being phased out as posts become vac-ant and no new posts are being created. Thescheme has been superseded by a more extensivegrant scheme now referred to as the ancillaryservices grant.

The ancillary services grant provides additionalfunding for primary schools towards the cost ofsecretarial and caretaking services. The scheme isflexible in nature, giving boards of managementdiscretion as to the manner in which secretarialand caretaking services are provided. The schoolreferred to by the Deputy receives secretarialgrant assistance under this scheme. The standardrate of grant per pupil under the scheme, whichwas increased from \102 in 2002 to \127 in 2004,is being further increased to \133 this year.

The amount of grant paid to an individualschool is determined by the enrolment in theschool subject to a minimum grant of \7,980 inthe case of a school with 60 pupils or less and amaximum grant of \66,500 in the case of a schoolwith 500 or more pupils, provided the school inquestion does not already have either caretakingor secretarial services under an existing Depart-ment scheme. Where a school already has eithercaretaking or secretarial services under an exist-ing Department scheme, the rate of grant payableis \66.50 per pupil and the minimum andmaximum grants payable are \3,990 and \33,250respectively.

The school to which the Deputy refers has theservices of a full-time caretaker under the 1978-79 scheme. Accordingly, the rate of grant payablein the case of this school this year under the ancil-lary services scheme is \66.50 per pupil.


745. Mr. Bruton asked the Minister for Edu-cation and Science the number of applicationswhich have been received for the summer refur-bishment scheme 2006; the budget which she willmake available; the way in which this compareswith the 2005 allocation; the number of projectswhich were accommodated in 2005; and thecriteria for selection which will apply for the 2006scheme. [29277/05]

Minister for Education and Science (MsHanafin): The closing date for receipt of appli-cations under the 2006 summer works scheme,SWS, was 14 October last. The school planningsection of my Department has, therefore, justcommenced the logging of applications received.The number of applications will not be knownuntil this procedure has been completed. Underthe assessment process, projects will be categor-ised and prioritised as follows:

Priority/Category 1: Gas Works

Priority/Category 2: Electrical Works

Priority/Category 3: Mechanical works

Priority/Category 4: Projects to facilitateinclusion and access for special needs pupils

Priority/Category 5: Toilet facilities

Priority/Category 6: Roof works

Priority/Category 7: Window projects

Priority/Category 8: Curricular requirementprojects

Priority/Category 9: Other structuralimprovements

Priority/Category 10: External environmentprojects

Demonstrably necessary projects will beapproved to proceed in accordance with thisprioritisation and categorisation system subject tothe availability of funding. The budget for the2006 scheme will be set following the Estimatesand budgetary process. In 2005, 741 projectsreceived funding under the summer worksscheme.


746. Mr. S. Ryan asked the Minister for Edu-cation and Science if she will provide a report onthe provision of a new school (details supplied)in County Dublin. [29278/05]

Minister for Education and Science (MsHanafin): The school planning section of myDepartment is aware of the need to provide along-term accommodation solution to meet theneeds of the school to which the Deputy refers.It is understood that the children attending theschool come from a wide catchment area. Withthis in mind, the appropriate location for theschool is under consideration in my Department.When this has been determined, site acquisitionprocedures will be commenced. Delivery of thebuilding project will then be considered in thecontext of the school building and modernisationprogramme from 2006 onwards.


Disadvantaged Status.

747. Mr. O’Connor asked the Minister for Edu-cation and Science the action which is proposedin respect of the Childhood Development Initiat-ive ten-year strategy; the resources which will bemade available; and if she will make a statementon the matter. [29279/05]

765. Mr. O’Connor asked the Minister for Edu-cation and Science the action which is proposedin respect of the Childhood Development Initiat-ive ten-year strategy (details supplied); if she willdetail the resources to be made available; and ifshe will make a statement on the matter.[29478/05]


A key focus of education policy is to prioritiseinvestment in favour of those most at risk andto optimise access, participation and outcomes atevery level of the system for disadvantagedgroups. The wide variety of measures in place inTallaght and other similar areas for tackling edu-cational disadvantage and social exclusion reflectsthese concerns. These measures range from pre-school interventions, supports for tackling chil-dren’s literacy problems, reduced pupil-teacherratios, increased capitation grants and measuresto tackle early school leaving and strengthen tiesbetween the school, family and community. Inaddition, there are interventions in support ofyouth and in providing second chance educationfor young people and adults.

DEIS — delivering equality of opportunity inschools — the new action plan for educationalinclusion, which I launched last May, aims toensure the educational needs of children andyoung people from disadvantaged communitiesare prioritised and effectively addressed. Theplan provides for a standardised system for iden-tifying levels of disadvantage and a new inte-grated school support programme, SSP, whichwill bring together and build upon a number ofexisting interventions for schools with a concen-trated level of disadvantage. Approximately 600primary schools and 150 second-level schools willbe included in the school support programme.The new action plan will be introduced on aphased basis, starting during the current schoolyear, and will involve an additional annual invest-ment of \40 million on full implementation. Itwill also involve the provision of some 300additional posts across the education system.

The key principle of early intervention under-pins both the early childhood education measureand many of the literacy and numeracy measuresbeing adopted under the new action plan. Thenew school support programme will integrate anumber of schemes and programmes that are cur-

rently benefiting schools in west Tallaght. Movingto a single programme of supports for alldisadvantaged schools will result in a far moreintegrated and co-ordinated approach, one of thekey principles of the childhood developmentinitiative. The issue raised by the Deputy will beconsidered by my Department in the context ofthe implementation of the new action plan.


748. Mr. McHugh asked the Minister for Edu-cation and Science the requirements in respect ofremedial, resource or other special needs teachersat the primary and secondary schools in eastGalway; her proposals to approve the necessarystaff; and if she will make a statement on thematter. [29280/05]

Minister for Education and Science (MsHanafin): The specific information requested bythe Deputy is not available. However, I advisethe Deputy that at primary level there are nowapproximately 5,000 teachers in our primaryschools working directly with children withspecial needs, including those requiring learningsupport. This compares to fewer than 1,500 in1998. One out of every five primary schoolteachers is now working specifically with childrenwith special needs.

At second level, there are approximately 1,600whole-time equivalent resource teachers in placeto support pupils with special educational needs.This compares to a figure of approximately 200teachers who were in place in the 1997-98 schoolyear for such pupils. In addition, there areapproximately 336 whole-time equivalent specialneeds assistants, SNAs, in our primary andsecond level schools in County Galway support-ing children with special needs. The NationalCouncil for Special Education, through its net-work of locally based special education needsorganisers, is responsible for processing anyapplications for additional special educationalneeds, SEN, resources. I am confident that theadvent of the NCSE will prove of major benefitin ensuring all children with special educationalneeds, including in east Galway, receive the sup-port they require, when and where they require it.

I also confirm that I will continue to prioritisethe issue of special needs education and, in co-operation with the NCSE, ensure that all childrenwith special educational needs are adequatelyresourced to enable them to meet their fullpotential.

749. Mr. McHugh asked the Minister for Edu-cation and Science the extent to which speech andlanguage requirements have been assessed ordetermined in respect of each national school ineast Galway; the extent to which such require-ments are being met; her plans to meet such


[Mr. McHugh.]

requirements in the future; and if she will makea statement on the matter. [29281/05]

Minister for Education and Science (MsHanafin): The provision of therapies, includingspeech and language therapy, is a matter for mycolleague, the Tanaiste and Minister for Healthand Children, Deputy Harney.


750. Mr. McHugh asked the Minister for Edu-cation and Science the progress being made onthe provision of a school (details supplied) inCounty Galway; the manner in which it is pro-posed to provide the accommodation; the stageat which the project is; when the project will pro-ceed to the next stage; when she envisages con-struction work will commence; and if she willmake a statement on the matter. [29282/05]

Minister for Education and Science (MsHanafin): The schools to which the Deputy refershave agreed to amalgamate into a single schooland my officials are in discussion with the trusteeand the local authority regarding how best toprovide for the new school and such issues as siteconfiguration, etc. These discussions are ongoingin tandem with consideration for progression inthe context of the school building and modernis-ation programme 2005-2009.


751. Mr. Ring asked the Minister for Educationand Science when resource hours will be restoredto a person (details supplied) in their new schoolin County Mayo. [29283/05]

Minister for Education and Science (MsHanafin): As I confirmed for the Deputy on 28September last, my Department reviewed the fileon the child concerned in the last school year andbased on the documentation that was submittedto my Department it was determined that thechild concerned falls into the high incidence dis-ability category.

As the Deputy will be aware, a new generalallocation system has been announced underwhich schools have been provided with resourceteaching hours, based on their enrolment figures,to cater for children with high incidence specialneeds such as dyslexia and those with learningsupport needs. Under the new system, the schoolin question has a specific teaching allocation ofone full-time post and five hours.

The teaching posts being provided under thenew general allocation scheme are designed toensure that each school has enough resourceteaching hours to meet the needs of children withhigh incidence special needs, such as dyslexia and

children with learning support needs. Resourceteaching hours for children with low incidencespecial needs, such as hearing impairment, willcontinue to be provided on the basis of an indi-vidual application for each child.

It is a matter for each school to determine thepupils with high incidence special education andlearning support needs that will receive this sup-port. Each school has been allocated enoughresource teaching hours to provide its pupils witha level of support appropriate to their needs.

The school can use its professional judgementto decide how these hours are divided betweendifferent children in the school, to ensure that alltheir needs are met. Research shows that somechildren with special needs will respond betterwith one-to-one tuition. Others, however, dobetter when taught in small groups. Often it isbest for resource teachers to work with childrenin the classroom rather than taking them away toa separate room, as the children then have tocatch up work done by the rest of the class intheir absence. The point is that the type ofresponse needed depends on the child.

My Department has recently issued a compre-hensive circular — Sp Ed 02/05 — to all primaryschools regarding the organisation of teachingresources for pupils who need additional supportin mainstream primary schools. The main pur-pose of this circular is to provide guidance forschools on the deployment and organisation ofthe teaching resources that were allocated underthe general allocation model. Reference is alsomade in this circular to the deployment ofadditional teaching resources that are allocated toschools for the support of individual pupils withlow incidence disabilities. It is open to the parentsof the pupil in question to contact the school todiscuss with the principal and teaching staff thetype of provision that the school intends to put inplace for the pupil.

752. Ms Enright asked the Minister for Edu-cation and Science if she will clarify the contextin which her reply to Question No. 1310 of 28September 2005 was answered, in view of the factthat an application for SEN support was made onthe 15 July 2004, which was refused seven monthslater (details supplied); and if she will make astatement on the matter. [29288/05]

Minister for Education and Science (MsHanafin): As the Deputy will be aware, theNational Council for Special Education — NCSE— which was established recently, and which hasbeen operational since 1 January 2005, is respon-sible for processing applications for special edu-cational needs — SEN — supports.

My officials have been advised by the NCSEthat the matter has been referred to the localspecial educational needs organiser — SENO.The SENO is currently making inquiries regard-


ing the issues raised by the Deputy and will be indirect contact with the school authorities in thenear future.

Departmental Staff.

753. Mr. P. McGrath asked the Minister forEducation and Science the rates of overtime oradditional allowances payable to staff who workin her Department’s press office in respect of per-sons being on call and their additional attendanceat work before or after normal hours; and if shewill make a statement on the matter. [29302/05]

754. Mr. P. McGrath asked the Minister forEducation and Science the amounts of ex gratiapayments made to staff in her Department’s pressoffice in respect of persons being on call and theiradditional attendance at work before or after nor-mal hours; and if she will make a statement onthe matter. [29317/05]

755. Mr. P. McGrath asked the Minister forEducation and Science the amount of compensa-tory leave granted or due to be granted to staffin her Department; the individuals to whom theywere granted in respect of additional attendanceat work before or after normal hours of attend-ance; and if she will make a statement on thematter. [29332/05]

Minister for Education and Science (MsHanafin): I propose to take Questions Nos. 753to 755, inclusive, together.

Where additional hours over and above normalworking hours are worked by officers in the pressoffice or any other unit of my Department, anysuch officers who are in grades designated asovertime grades are entitled to claim overtime ortime off in lieu of overtime in respect ofadditional hours worked. Ex gratia or on callallowances are not paid to the officers in thepress office.

The Department of Finance has set out, in acircular letter to all personnel officers, the generalinstructions regarding the arrangements for com-pensating extra attendance by members ofgeneral service grades up to and including higherexecutive officer, either by payment of overtimeor by time off in lieu of extra attendance.

My Department adheres to these generalinstructions on extra attendance by officers ingrades designated as overtime grades, that is,grades up to and including higher executiveofficer. Rates of overtime payable are in accord-ance with those set out by the Department of Fin-ance from time to time.


756. Mr. P. McGrath asked the Minister forEducation and Science if the personnel files of

staff in her Department have been copied orgiven to external parties; if so, the safeguardswhich have been put in place to ensure that nopersonal data of any member of staff in herDepartment will be released to third parties; andif she will make a statement on the matter.[29347/05]

Minister for Education and Science (MsHanafin): Individual officers of the Departmentof Education and Science are entitled to viewtheir own personnel file on request and to receivea copy of any or all of the contents of the file.Personnel files are made available to the chiefmedical officer in certain sick leave cases. Itwould be general practice that information onpersonnel files for individual officers would betreated as strictly confidential and would not bedisclosed to any third party without the consentof the officer concerned.

Departmental Staff.

757. Mr. P. McGrath asked the Minister forEducation and Science the number of staff in herDepartment to whom leave of absence, or anyother absence from normal duties or place ofwork, in excess of two months was granted foreducational purposes in any year since 2002; thenature of the educational course undertaken ineach case; if there are terms or conditions relatingto academic achievement attached to the grantingof such leave; if personnel who were granted suchleave failed to complete their courses; and if shewill make a statement on the matter. [29362/05]

Minister for Education and Science (MsHanafin): Four members of my Department’sstaff have received leave of absence in excess oftwo months for educational purposes since 2002.One staff member participated in the visitingresearch fellowship programme at the PolicyInstitute, Trinity College Dublin — TCD — fromSeptember to December 2004 — four months.The Policy Institute is a multidisciplinary publicpolicy research institute based in TCD. Furtherinformation can be found on their website —http://www.policyinstitute.tcd.ie.

One staff member completed the mastersdegree programme in public policy analysis overthe two academic years 2003-2005. Two othershave embarked upon the programme at the startof the current academic year. The programme is atwo year full-time programme involving academicstudy and projects in public policy evaluation.The primary aim of the programme is to enhancethe capabilities of personnel within the public sec-tor to analyse policy and thus to contribute todecision-making on the allocation of publicmoney. Successful completion of the programmewill result in the award of an National Universityof Ireland — NUI — accredited M.Econ.Sc. in


[Ms Hanafin.]

public policy analysis. An officer whose partici-pation on the training programme is not satisfac-tory may at any time during the training periodbe returned to her or his former position or othersuitable vacancy at that level and duties withoutdelay and any entitlement to an allowance or sub-sequent appointment to assistant principal underthe terms of the scheme will then cease.

Staff may also avail of a career break for edu-cational purposes. Educational purposes may bedeemed to encompass certain training courseswhich include a practical training element forwhich there is a nominal payment or grant madeto the student. Career breaks are not availablefor educational purposes where the student ortrainee is in an employment relationship with thetraining body and is in receipt of a normal salaryor wage. There are no terms or conditions relat-ing to academic achievement attaching to thegranting of such leave. However, career breaksfor educational purposes may not be granted forlonger than the period of the particular course ofstudy and/or training.

758. Mr. P. McGrath asked the Minister forEducation and Science the number of staff whoapplied for a refund of course fees in respect ofcourses undertaken at night or evenings; thevalue of refunds expected to be made by herDepartment in 2005; the number of staff to whomapproval to attend a course was granted in thelast academic year but did not subsequently applyfor the refund; and if she will make a statementon the matter. [29377/05]

759. Mr. P. McGrath asked the Minister forEducation and Science the proportion of herDepartment’s training budget that is spent onrefunds to staff in respect of night-time or week-end study courses; the list of all courses fundedby his Department in the past three years; and ifshe will make a statement on the matter.[29392/05]

Department of Education and Science Training Budget/Refund of Fees (ROF) Scheme

Year Budget Actual Spend ROF Spend % of ROF overActual Spend

\ \ \ \

2004 946,000 679,177.74 129,098.92 (19%)

2003 880,000 595,747.92 182,305.43 (31%)

2002 976,000 686,102.84 123,568.80 (18%)

List of courses funded.2004Course Name QualificationBusiness Administration Masters DegreeBusiness Studies Degree


Details of refund of fees in respect of night-time or weekend study courses attended by staffin my Department over the last three years, 2002-2004, are in the following tables. Some 80members of staff applied for a refund of fees inrespect of courses undertaken at night orevenings in 2005. The value of refunds expectedto be made in 2005 is \169,392. Of thoseapproved to attend a course in the last academicyear, 11 staff members did not subsequently applyfor a refund of fees.

The Department of Finance circular 21/78 gov-erns refund of fees in respect of courses pursuedin an officer’s own time. Officers pursuingapproved courses may have the appropriatecourse and examination fees refunded to them.The refund will be made at the end of each com-pleted academic year or corresponding courseperiod, that is, where it is established, normallyby written statement from the institution provid-ing the course, that the officer gave satisfactoryattendance at the course — or participated satis-factorily in the course, if it is a correspondencecourse — during the academic year or period andunderwent the relevant examinations or otherprescribed tests. My Department has, to date,been in a position to recoup 100% of fees forapproved courses.

My Department recognises the importance oftraining and developing its staff and seeks to pro-mote a learning and development culture withinthe organisation. The Department has a pilotscheme in place for the advance payment of feesfor post-graduate studies undertaken in theofficer’s own time and of particular relevance tothe Department.

Each officer to whom a payment is made isrequired to undertake in writing to refund thepayment in the event of leaving the public servicebefore completing one year’s service in respect ofeach academic year or course period for which apayment has been made, the academic years orcourse periods themselves not to reckon asservice in this context.

Business Studies DiplomaBusiness Studies in Trade Union Studies CertificateCognitive Neuropsychology Masters DegreeComputing (CISCO — CCNA) CertificateDana (Translation of English Documents) Diploma


Developmental Disability Masters DegreeEducation DoctorateEducation Management Masters DegreeEducational (Disadvantage) Masters DegreeEducational Psychology DiplomaEducational Psychology DoctorateElectro Chemistry Masters DegreeEmployee Assistance DiplomaEmployment Law DiplomaGovernance DoctorateHistory DoctorateHR Management DiplomaHumanities DegreeIndustrial Relations/Human Resources DegreeInformation Technology DiplomaInterdisciplinary Studies CertificateInternational Relations Masters DegreeIrish DiplomaIT in Education Masters DegreeLaw DegreeLegal Studies DiplomaManagement DiplomaManagement & Law DegreeNon-Directive Play Therapy Masters DegreePayroll Management DiplomaPeople Management DiplomaPhd Research OtherPhilosophy DoctoratePolicy Analysis DiplomaPolicy Analysis Masters DegreePsychoanalytic Psychotherapy Masters DegreePsychology DegreePublic Accountancy CertificatePublic Management DegreeSchool Psychology DoctorateSociology, History & Literature DegreeSupervisory Management Certificate

2003Course Name QualificationAutism Masters DegreeBusiness Administration Masters DegreeBusiness Studies DegreeBusiness Studies DiplomaBusiness Studies (HR Management) DiplomaComputer Applications & E-Commerce CertificateComputer Applications Accs (HETAC) CertificateComputer Science DegreeComputing (CISCO — CCNA) DiplomaEconomics & Sociology DoctorateEducation DoctorateEducational (Disadvantage) Masters DegreeEducational Management Masters DegreeEducational Psychology DoctorateEmployee Assistance DiplomaExecutive Masters DegreeExecutive (Business Administration) Masters DegreeGeographic Information Systems) DiplomaHigher Education (Autistic Spectrum Disorders) CertificateHumanities CertificateIndustrial Relations/Human Resources DegreeInformation Technology DiplomaIntercultural Studies Masters DegreeInterdisciplinary Studies CertificateInternational Relations Masters DegreeIT in Education Masters DegreeIT Management DegreeLaw DegreeLegal Studies DiplomaManagement & Employee Relations DiplomaManagement & Law DegreeModern History Masters DegreeNon-Directive Play Therapy Masters DegreePayroll Management DiplomaPhilosophy DoctoratePolicy Analysis DiplomaPolicy Analysis Masters DegreeProject Management DiplomaPsychoanalytic Psychotherapy Masters Degree

Psychology DegreePublic Management DegreePublic Management DiplomaPublic Management Masters DegreePublic Service Management DiplomaSchool Psychology DoctorateSocial Science Data Analysis Summer CourseSociology, History & Literature DegreeSupervisory Management (IMI) DegreeSystemic Organisation & Management Masters DegreeTraining & Development Certificate

2002Course Name QualificationAutism (Pupils) Masters DegreeBarrister-at-Law DegreeBusiness Administration Masters DegreeBusiness Studies CertificateBusiness Studies DegreeBusiness Studies DiplomaCertified Payroll Technician CertificateCivil Service HR Management Practice CertificateCommunications & Cultural Science Masters DegreeComputer Applications & E-Commerce CertificateComputer Applications Accs (HETAC) CertificateComputer Science DegreeEconomics & Sociology DoctorateEducation DoctorateEducational Leadership DoctorateEducational Management Masters DegreeEducational Psychology DoctorateEquality/Diversity Studies CertificateExecutive Masters DegreeFirst Line Management/Supervision DiplomaHigher Education (Autistic Spectrum Disorders) CertificateHistory DoctorateHistory, Film Studies, Archaeology & Politics DegreeHuman Resource Strategies Masters DegreeInformation Systems DegreeInformation Technology DiplomaIntercultural Studies DiplomaIrish Applied DiplomaLegal Studies DiplomaManagement & Employee Relations CertificateManagement & Law DegreeManagement and Employee Relations DiplomaManaging Change CertificateMathematics DoctorateNon-Directive Play Therapy Masters DegreeNon-Formal Guidance DoctoratePhilosophy DoctorateProfessional Legal Studies CertificateProject Management DiplomaPsychoanalytic Psychotherapy Masters DegreePsychology DegreePublic Administration Masters DegreePublic Management CertificatePublic Management DegreePublic Management DiplomaPublic Management Masters DegreeSocial Sciences (Introduction) DegreeSociology, History & Literature DegreeSpanish CertificateSupervisory Management CertificateSystemic Management & Organisation DegreeSystemic Organisation & Management Masters Degree


760. Mr. P. McGrath asked the Minister forEducation and Science the amount spent by herDepartment on briefcases; the amount refundedto staff in her Department in respect of purchasesof briefcases; the number of staff who havereceived briefcases; the number of staff who havereceived refunds for briefcases they purchased;


[Mr. P. McGrath.]

the largest single amount paid or refunded inrespect of one briefcase; and if she will make astatement on the matter. [29407/05]

Minister for Education and Science (MsHanafin): Since 1 January 2003 the Departmentof Education and Science spent \888.70 on brief-cases. The amount refunded to staff in respect ofpurchases of briefcases in this period was \888.70.The number of staff who received briefcases andreceived refunds for the briefcases they pur-chased was seven. The largest single amount paidor refunded in respect of one briefcase was\150.00.

761. Mr. P. McGrath asked the Minister forEducation and Science the number of personaldigital assistants provided to staff in her Depart-ment; the cost of same; the cost of the mostexpensive personal digital assistant purchased todate; the grades to which these devices are issued;if personal digital assistants are issued as a matterof course or are subject to preparation of a busi-ness case which is subsequently scrutinised; if so,by whom the final decision on allocation of per-sonal digital assistants is made; and if she willmake a statement on the matter. [29422/05]

Minister for Education and Science (MsHanafin): Some 20 personal digital assistantshave been provided to staff in the Department.The total cost was \5,073, including VAT. Thecost of the most expensive PDA was \361, includ-ing VAT. The devices were issued on a limitedbasis to the Secretary General, members of themanagement advisory committee, ministerial staffand IT support personnel.

Personal digital assistants are not allocated asa matter of course. A request for a PDA must besupported by a business case approved by thehead of the relevant business unit. The request isthen assessed by the IT unit and either grantedor refused.

Departmental Staff.

762. Mr. P. McGrath asked the Minister forEducation and Science the number of staff ineach general service and department grade in hisDepartment who have been exempt for a periodin excess of six months from attending meetings,dealing with correspondence, dealing with tele-phone queries, home or foreign travel, using com-puters or other duties by virtue of a medical cer-tificate; if such long-term exemptions fromnormal duties are fair to other staff who mustpick up the extra work; if they provide the tax-payer with good value for money; if such exemp-tions or certificates have been reviewed by the

Chief Medical Officer; and if she will make astatement on the matter. [29437/05]

Minister for Education and Science (MsHanafin): The Department of Finance issuesinstructions to all Departments from time to timeon the arrangements for sick leave for civil ser-vants. Instances of sick leave for officers withinmy Department are monitored in accordancewith such instructions and, where necessary, theadvice of the chief medical officer is sought inindividual cases.

The welfare and recovery of an officer on sickleave is always of primary consideration andvalue for money considerations are not necess-arily appropriate in the context of the health ofan officer. In some cases where an officer is outon long-term sick leave, arrangements are madefor acting-ups to cover an officer’s absence andtemporary clerical assistance is engaged.


763. Mr. Gilmore asked the Minister for Edu-cation and Science the amount paid to a con-sultancy company (details supplied) in respect ofeach year since 2000; the details of each of thecontracts and services provided; the nature of thecontrols applied in the procurement process orprocesses; if she has satisfied herself that valuefor money has been achieved in each case; and ifshe will make a statement on the matter.[29460/05]

764. Mr. Gilmore asked the Minister for Edu-cation and Science the amount paid to a con-sultancy company (details supplied) in respect ofeach year since 2000; the details of each of thecontracts and services provided; the nature of thecontrols applied in the procurement process orprocesses; if she has satisfied herself that valuefor money has been achieved in each case; and ifshe will make a statement on the matter.[29475/05]


This company was appointed by the Depart-ment in 2002. The appointment was as a result ofa tender competition. It was appointed to provideconsultancy assistance and advice on the imple-mentation of a new financial management infor-mation system. The contract was completed ontime during 2003 at a total cost of \99,950 and Iam satisfied that value for money was achieved.The Department was billed monthly in arrears.



School Evaluation.

766. Ms O’Sullivan asked the Minister for Edu-cation and Science the number of whole schoolevaluation reports and the number of subjectinspection reports she will carry out in 2006; andif she will make a statement on the matter.[29543/05]

Minister for Education and Science (MsHanafin): In the first half of 2005 there were 141whole-school evaluations of primary schools. Afurther 130 whole-school evaluations are plannedat primary level for the rest of 2005.

At post-primary level there were 21 wholeschool evaluations in the first half of 2005. Afurther 32 evaluations are planned for theremainder of the year. There were 399 subjectinspections at post-primary level in the first halfof 2005, with a further 342 subject inspectionsplanned for the rest of the year.

It is expected that the total number of whole-school evaluations at primary and post-primarylevel will be of the order of 300 in 2006 and thenumber of the subject inspections at post-primarylevel will be in the order of 700 in 2006.


767. Mr. Ring asked the Minister for Educationand Science if, with regard to the special needs ofa person (details supplied) in County Mayo andin view of the fact that the parents have sourceda school outside of the State, the funding whichis available in the USA or Britain to assist thefamily to get the child educated as these facilitiesare not available here. [29550/05]

Minister for Education and Science (MsHanafin): I assure the Deputy that I am mostanxious that children with disabilities should havetheir educational needs addressed within thejurisdiction. Decisions to place children in facili-ties outside the State have only been taken inexceptional circumstances and would usuallyhave arisen because of the very specialised edu-cational or health care-medical needs of the chil-dren involved.

As the Deputy is aware the National Councilfor Special Education, NCSE, which was estab-lished recently, and which has been operationalsince 1 January 2005, is responsible for processingapplications for special educational needs, SEN,supports.

My Department officials have been informedby the NCSE that the matter has been referredto the local special educational needs organiser,SENO. The SENO is currently examining theissues raised by the Deputy and will be in directcontact with the relevant parties in the nearfuture.

Defence Forces Property.

768. Mr. P. Breen asked the Minister forDefence further to Parliamentary Questions Nos.294 of 28 June 2005 and 503 of 28 September2005, if he will consider allocating the premisespresently occupied by the FCA (details supplied)in County Clare to the local Red Cross; and if hewill make a statement on the matter. [28694/05]

Minister for Defence (Mr. O’Dea): The prop-erty in question comprises a site of approximately0.6 acres, together with a dilapidated prefabri-cated structure. The property was vacated by theReserve Defence Force, RDF, in March 2004 onhealth and safety grounds. A Portacabin on thesite is currently used for storage. As it is not feas-ible to refurbish the prefabricated structure, it hasbeen decided to offer the site for sale on the openmarket. The local RDF unit will occupy theformer Garda station with effect from next weekand will require use of that entire premises. Iregret, therefore, that it will not be possible tomeet the requirements of the local Red Cross.

Benchmarking Awards.

769. Mr. Grealish asked the Minister forDefence the cost of implementing benchmarkingfor maintenance workers in the Defence Forces;the reason money was paid out (details supplied);if he has received a report revealing that mainten-ance work could have been carried out more cost-effectively had outside contractors been utilised;the absenteeism rate amongst craftworkers,clerks and storekeepers employed by his Depart-ment; and if he will make a statement on thematter. [29025/05]

Minister for Defence (Mr. O’Dea): I assumethe Deputy is referring to the civilian personnelemployed in building maintenance work atmilitary installations throughout the country. Ishould explain that under the Sustaining Progressagreement the application of pay increases arisingunder the benchmarking process to employees inthe State sector requires the approval of the rel-evant performance verification group, PVG, forthat sector.

With regard to the civilian personnel engagedin building maintenance, the PVG decided thatthe payment of the benchmarking pay increaseswas warranted in the case of these employees.Progress has been made in a number of areas inrecent years, including the introduction of worksheets for employees engaged in building main-tenance and the implementation of the perform-ance management and development system,PMDS, for all civilian personnel.

The cost of implementing the benchmarkingpay increases for approximately 550 civilian


[Mr. O’Dea.]

employees involved in building maintenance atmilitary installations is estimated at \5 million forthe period from 1 December 2001 to 31December 2005.

The Deputy also refers to a report regardingmaintenance work in his question. I have not

No. of days No. of available work Average no. in Absenteeism Rate*absence due to days Grade 2004

sick leave in 2004

Grade

Craft Worker 7,345 230 335.5 9.52

Storekeeper 1,906 230 87.5 9.47

Clerks 1,724 230 87.0 8.62

* Absenteeism Rate: Number of days absence due to sick leave in 2004 (divided by number of employees multiplied by the totalnumber of work days available). The result is then multiplied by 100. This is the standard method of calculating absenteeism rates.

Departmental Staff.

770. Mr. P. McGrath asked the Minister forDefence the rates of overtime or additionalallowances payable to staff who work in hisDepartment’s press office in respect of personsbeing on-call and their additional attendance atwork before or after normal hours; and if he willmake a statement on the matter. [29303/05]

771. Mr. P. McGrath asked the Minister forDefence the amounts of ex gratia payments madeto staff in his Department’s press office in respectof persons being on call and their additionalattendance at work before or after normal hours;and if he will make a statement on the matter.[29318/05]

Minister for Defence (Mr. O’Dea): I proposeto take Questions Nos. 770 and 771 together.

Grade No. of Overtime Days Earned during Leave Year

2002/03 2003/04 2004/05 2005/06 Total

Cleaner 2.5 2.5 5

Telephonist 1 1

Clerical Officer 7 10.5 1 1 19.5

Staff Officer 6.5 5.5 1 13

Executive Officer 4.5 8.5 1 14

Higher Executive Officer 12 1 4.5 17.5

Total 33.5 28 5.5 3 70

With regard to civilian employees, the totalnumber of hours of compensatory leave grantedsince June 2002 was 4,252 hours.

Grade Number of hours

Craftsmen 2,094.25

General Operatives 1,134

Storekeepers 63.25

received any such report. However, outside con-tractors have been used to an increasing extentover recent years for building maintenance workand that trend is likely to continue.

The statistics requested by the Deputy on theabsenteeism rate for the specified grades are con-tained in the following tabular statement.

No payments of the type referred to by theDeputy, overtime, additional allowances or exgratia payments, were made to staff who work inmy Department’s press office in respect of per-sons being on call and their attendance at workbefore or after normal hours.

772. Mr. P. McGrath asked the Minister forDefence the amount of compensatory leavegranted or due to be granted to staff in hisDepartment; the individuals to whom they weregranted in respect of additional attendance atwork before or after normal hours of attendance;and if he will make a statement on the matter.[29333/05]

Minister for Defence (Mr. O’Dea): The infor-mation requested by the Deputy is listed in thefollowing table.


Grade Number of hours

Craft Chargehand 111

Barrack Foremen of Work 603

Riggers 161

Civilian Clerk 47.5

Messenger 38

Total 4,252.00


773. Mr. P. McGrath asked the Minister forDefence if the personnel files of staff in hisDepartment have been copied or given to exter-nal parties; if so, the safeguards which have beenput in place to ensure that no personal data ofany member of staff in his Department will bereleased to third parties; and if he will make astatement on the matter. [29348/05]

Minister for Defence (Mr. O’Dea): The officeof the chief medical officer for the Civil Serviceprovides high quality medical advice and an occu-pational health service to my Department. Thesick leave papers of staff are referred to thatoffice from time to time as necessary. Personnelfiles are also released to staff of the Office of theComptroller and Auditor General on request foraudit purposes.

Personal information relating to any memberof staff in this Department is not released to thirdparties, banks, insurance companies, solicitorsetc., without the express permission of theemployee concerned.

Departmental Staff.

774. Mr. P. McGrath asked the Minister forDefence the number of staff in his Departmentto whom leave of absence, or any other absencefrom normal duties or place of work, in excess oftwo months was granted for educational purposesin any year since 2002; the nature of the edu-cational course undertaken in each case; if thereare terms or conditions relating to academicachievement attached to the granting of suchleave; if personnel who were granted such leave

Night /Evening courses undertaken by staff 2005

No. applied for refund Value of refund expected No. granted approval but did notto be made in 2005 subsequently apply for refund

\

Civil Service Staff 16 21,120 2

Civilian Employee Staff 5 8,624 Nil

Military Personnel 35 70,000 Nil

776. Mr. P. McGrath asked the Minister forDefence the proportion of his Department’s

failed to complete their courses; and if he willmake a statement on the matter. [29363/05]

Minister for Defence (Mr. O’Dea): Threehigher executive officers from my Department,one in 2003 and two in 2004, were successful can-didates in the competition held by the PublicAppointments Service for acceptance onto themasters programme in public policy analysis, atwo year full-time programme delivered by theInstitute of Public Administration in associationwith the faculty of commerce, UCD. The firstyear is a full time academic year and in thesecond year, candidates undertake a major eval-uation project identified by my Department in co-operation with the centre for organisation andmanagement of the Department of Finance andthe Institute of Public Administration.

Candidates who are allocated a place on theprogramme are appointed to temporary super-numerary positions at assistant principal level onan acting basis. Upon satisfactory completion ofthe programme, candidates are assigned to a post-ing at assistant principal level to undertake workin public policy analysis.

775. Mr. P. McGrath asked the Minister forDefence the number of staff who applied for arefund of course fees in respect of courses under-taken at night or evenings; the value of refundsexpected to be made by his Department in 2005;the number of staff to whom approval to attenda course was granted in the last academic year butdid not subsequently apply for the refund; and ifhe will make a statement on the matter.[29378/05]

Minister for Defence (Mr. O’Dea): The infor-mation requested by the Deputy is set out in thefollowing table.

training budget that is spent on refunds to staff inrespect of night-time or weekend study courses;the list of all courses funded by his Department


[Mr. P. McGrath.]

in the past three years; and if he will make a state-ment on the matter. [29393/05]

Proportion of Training Budget spent on refund for night time and weekend study

2003 2004 2005

Civil Service Staff 14.8% 10.2% 8.2%

Civilian Employee Staff 8.6% 7.9% 5.7%

Details with regard to members of the DefenceForces are not readily available. The militaryauthorities are compiling the information and Iwill write to the Deputy with the details as soonas possible.

Night Time and weekend study courses funded by the Department of Defence.

Civil Service Staff Diploma in Irish, Diploma in French BA Business Studies Accounting Technician BA Politicsand Health Supervisory Management Information Systems Certificate in IT GeographicalInformation Systems Human Resource Development Equality Studies Counselling MediationStudies Neuro Linguistic Programme Legal, Deeds of Property Property Studies

Civilian Employee Staff ECDL IT Computing/AUTOCAD French Language BA Local and Community Studies PhD inActive Noise Control BA in History and Sociology Mediation Skills Training Diploma inPurchasing and Materials Management MA in Mediation and Conflict Resolution


777. Mr. P. McGrath asked the Minister forDefence the amount spent by his Department onbriefcases; the amount refunded to staff in hisDepartment in respect of purchases of briefcases;the number of staff who have received briefcases;the number of staff who have received refundsfor briefcases they purchased; the largest singleamount paid or refunded in respect of one brief-case; and if he will make a statement on thematter. [29408/05]

Minister for Defence (Mr. O’Dea): My Depart-ment expended \1079.09 on nine briefcases dur-ing the period 6 June 2002 to date. The largestamount paid in respect of a briefcase was \158.26.No refunds were made to staff in respect of thepurchase of briefcases during the period inquestion.

Details in respect of briefcases purchased bythe Defence Forces are not available.

778. Mr. P. McGrath asked the Minister forDefence the number of personal digital assistantsprovided to staff in his Department; the cost ofsame; the cost of the most expensive personaldigital assistant purchased to date; the grades towhich these devices are issued; if personal digitalassistants are issued as a matter of course or aresubject to preparation of a business case which issubsequently scrutinised; if so, by whom the finaldecision on allocation of personal digital assist-ants is made; and if he will make a statement onthe matter. [29423/05]

Minister for Defence (Mr. O’Dea): The infor-mation requested by the Deputy is set out in thefollowing table.

A list of courses funded by my Department inthe past three years is provided. Details withregard to the Defence Forces are not readilyavailable. I will include these when I write tothe Deputy.

Minister for Defence (Mr. O’Dea): Thenumber of personal digital assistants purchasedby my Department is three, each costing \400.Two are currently on issue to staff, one to theSecretary General and one to an assistant sec-retary, with a backup device held by ICT person-nel for support and development. Such devicesare not issued as a matter of course but only oninstruction from the highest levels and where abusiness case exists.

Departmental Staff.

779. Mr. P. McGrath asked the Minister forDefence the number of staff in each generalservice and department grade in his Departmentwho have been exempt for a period in excess ofsix months from attending meetings, dealing withcorrespondence, dealing with telephone queries,home or foreign travel, using computers or otherduties by virtue of a medical certificate; if suchlong-term exemptions from normal duties are fairto other staff who must pick up the extra work;if they provide the taxpayer with good value formoney; if such exemptions or certificates havebeen reviewed by the chief medical officer; and ifhe will make a statement on the matter.[29438/05]

Minister for Defence (Mr. O’Dea): There areno staff in my Department in respect of whomthe exemptions referred to by the Deputy apply.


780. Mr. Gilmore asked the Minister for


Defence the amount paid to a consultancy com-pany (details supplied) in respect of each yearsince 2000; the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process or processes;if he has satisfied himself that value for moneyhas been achieved in each case; and if he willmake a statement on the matter. [29461/05]

781. Mr. Gilmore asked the Minister forDefence the amount paid to a consultancy com-pany (details supplied) in respect of each yearsince 2000; the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process or processes;if he has satisfied himself that value for moneyhas been achieved in each case; and if he willmake a statement on the matter. [29476/05]

Minister for Defence (Mr. O’Dea): I proposeto take Questions Nos. 780 and 781 together.

No payments were made by the Department ofDefence to the companies mentioned by theDeputy.

Local Authority Staff.

782. Ms Burton asked the Minister for theEnvironment, Heritage and Local Governmentthe position regarding the staffing cap on the pro-vision of local authority services in new areas ofpopulation, specifically Dublin 15, where theGovernment is encouraging intense developmentof new homes. [29128/05]

823. Ms C. Murphy asked the Minister for theEnvironment, Heritage and Local Government ifthe employment embargo placed upon local auth-orities will be lifted to enable the employment ofstaff to administer the rental assistance sup-plement scheme; and if he will make a statementon the matter. [29541/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): I propose totake Questions Nos. 782 and 823 together.

The cap on local authority staffing levels arisesfrom a Government decision of December 2002to cap public service numbers at the existing auth-orised level and to reduce numbers by 5,000across all sectors by the end of 2005. The numberof local authority staff is to be reduced by 1,000over that period. Local authorities were informedof the reduction required in the overall localgovernment sector over the three-year period2003 to 2005. This requirement is borne in mindwhen local authorities apply to the Departmentfor the approval of additional posts. The generalposition is monitored by the Department on aquarterly basis. Each county and city manager isresponsible for the staffing and organisationalarrangements necessary for carrying out the func-

tions of the local authorities for which he or sheis responsible. The Department is keeping theoverall position under review with regard to theemployment demands of each local authority.


783. Mr. Morgan asked the Minister for theEnvironment, Heritage and Local Governmentthe total amount paid to a consultancy company(details supplied) since 1997; the details of eachof the contracts and services provided; the natureof controls applied in the procurement process;and if value for money has been achieved.[29567/05]

820. Mr. Gilmore asked the Minister for theEnvironment, Heritage and Local Governmentthe amount paid to a consultancy company(details supplied) in respect of each year since2000; the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process or processes;if he has satisfied himself that value for moneyhas been achieved in each case; and if he willmake a statement on the matter. [29462/05]


The Department of the Environment, Heritageand Local Government paid the company con-cerned \5,929 in 2002, \16,284.58 in 2003,\8,939.87 in 2004 and \10,285 in 2005. The com-pany provides a database of research materialrelating to information and communications tech-nology and business. The contract with Gartnerallows staff to access and download independentadvice on various topics including informationtechnology, e-Government, project managementand business and ICT strategies. The informationis used to develop strategies, prepare tenders, sel-ect technologies and solve ICT problems. It alsoallows ICT staff in the Department to keep abre-ast of the latest advances in ICT. It is consideredto have provided value for money to date. Thefixed-price one-year contract is reviewed atrenewal time each year.

Local Authority Housing.

784. Mr. Quinn asked the Minister for theEnvironment, Heritage and Local Governmentwhen a decision will be made in relation to theredevelopment of flats (details supplied) inDublin 2; the budget he plans to allocate to suchredevelopment; the discussions he has had withDublin City Council in relation to the flats; thelength of time for the redevelopment; when theredevelopment will be completed; the arrange-ments which will be made for current residents ofthe flats during the redevelopment of their indi-


[Mr. Quinn.]

vidual units and blocks; and if he will make astatement on the matter. [28605/05]

Minister of State at the Department of theEnvironment, Heritage and Local Government(Mr. N. Ahern): Dublin City Council has submit-ted a preliminary report to the Department of theEnvironment, Heritage and Local Government,outlining the regeneration proposals for theCharlemont Street flats, including the Tom Kellyflats complex. As it is a preliminary report, thematter requires detailed consideration, by theDepartment in consultation with Dublin CityCouncil, of the nature and extent of the proposedrefurbishment and how it should be implementedin the most cost effective manner. The examin-ation is being advanced by the Department and adecision will be conveyed to Dublin City Councilas soon as possible. The question of committingfunding to the outline proposals does not arise atthis stage.

Water Supply.

785. Mr. Stanton asked the Minister for theEnvironment, Heritage and Local Government ifhe has received a request to provide funding toupgrade the water supply in Youghal and toupgrade the pipe network in the town; if hisattention has been drawn to the fact that waterhas been turned off during July and August 2005in Youghal, County Cork, at night; and if he willmake a statement on the matter. [28646/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The Youghalwater supply scheme was eleventh in the list ofwater and sewerage schemes for the 2007-12period that was submitted by Cork CountyCouncil for its southern division in response tothe Department of the Environment, Heritageand Local Government’s request to all local auth-orities to undertake fresh assessments of the needfor capital works in their areas and to prioritisetheir proposals on the basis of the assessments.The assessments were taken into account in theframing of the water services investment prog-ramme 2004-06, which was published in May2004. Given the rating afforded to the scheme bythe council, it was not possible to include it inthe programme.

Town Status.

786. Mr. Allen asked the Minister for theEnvironment, Heritage and Local Governmentthe position regarding plans to grant town statusto Glanmire, County Cork, and allow it to forma district council. [28650/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The LocalGovernment Act 2001 modernises the legislativeframework, supports community involvementwith local authorities in a more participative localdemocracy and underpins the programme of localgovernment renewal. The Act takes account ofthe recommendations of Towards Cohesive LocalGovernment — Town and County, which is the1996 report of the reorganisation commission onimproved accessibility, interaction and linkagesfor non-local authority towns within countycouncil areas. The report concluded, inter alia,that the widespread creation of new town auth-orities was neither warranted nor feasible andrecommended that only towns with a populationof 7,500 or over be eligible for consideration.Accordingly, section 185 of the Local Govern-ment Act 2001 provides, inter alia, that qualifiedelectors of a town having a population of at least7,500 as ascertained at the last preceding censusand not having a town council may make a pro-posal for the establishment of such a council. Iunderstand Glanmire would not fall within therequired population threshold.

Local Authority By-Laws.

787. Ms O. Mitchell asked the Minister for theEnvironment, Heritage and Local Governmenthis plans to introduce by-laws for a park (detailssupplied) in Dublin 16 in view of the fact thatthere has been a huge increase in anti-socialbehaviour taking place in the park and the staffand Garda have requested same. [28651/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): I have nopowers to make the by-laws proposed. The oper-ational management of sites, including the pro-vision of necessary security, is a matter for theOffice of Public Works. The Department of theEnvironment, Heritage and Local Governmentwill have discussions with the OPW with a viewto proposing appropriate legislative provisions forthe management of historic properties.

Waste Management.

788. Mr. Gormley asked the Minister for theEnvironment, Heritage and Local Governmentthe reason for the delay in signing the contractfor the incinerator in Ringsend, which has beenawarded to a company (details supplied); if hewill confirm that this is mass burn technology;when this contract will be signed as requested byDublin City Council; and if he will make a state-ment on the matter. [28653/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The plant inquestion is a waste to energy plant. It is being


procured by Dublin City Council on behalf of thefour Dublin local authorities in accordance withtheir joint waste management plan. The plan pro-vides for energy recovery as part of an integratedapproach to waste management in the region inwhich thermal treatment will deal with the resi-due after maximum prevention, recycling andrecovery. The specification for the proposed plantis consistent with the requirements for thermaltreatment of waste identified in An Agreed Prog-ramme for Government. As the envisaged pro-curement of the plant is by way of public privatepartnership, the role of the Department of theEnvironment, Heritage and Local Government inthe matter is to ensure compliance with publicpolicy on public private partnership procurement.Following submissions from Dublin City Counciland consultation with the National DevelopmentFinance Agency, the necessary certification ofcompliance has been issued. It is a matter forDublin City Council to enter into resulting con-tractual arrangements.

Nuclear Safety.

789. Mr. Hogan asked the Minister for theEnvironment, Heritage and Local Governmenthis views on the existence of a nuclear safetysection in his Department; the terms of reference;the number of staff and the grade in each case;and if he will make a statement on the matter.[28691/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The nuclearsafety section of the Department of the Envir-onment, Heritage and Local Government has theimportant mandate, as when it operated pre-viously from the Department of PublicEnterprise, of leading the development ofnational policy, legislation and regulation inrespect of nuclear safety; participating in inter-national co-operation arrangements at EU andother international levels for nuclear safety; rep-resenting Ireland in the further development ofthe arrangements; co-ordinating and imple-menting action by Ireland, including legal actions,against the risks posed to Ireland by nuclear oper-ations in other jurisdictions, particularly by theSellafield plant; and supporting the work of theRadiological Protection Institute of Ireland. Sincethe transfer of the responsibilities to the Depart-ment of the Environment, Heritage and LocalGovernment in June 2002, the nuclear safetysection has operated within the Department’senvironment division, which comprises one prin-cipal officer, three assistant principal officers, oneadministrative officer, two higher executiveofficers, one executive officer, one staff officerand two clerical officers.

Recycling Policy.

790. Mr. Gregory asked the Minister for theEnvironment, Heritage and Local Government if,in the context of his Environment 2002 policystatement on recycling, assistance will be avail-able to persons or groups in the community toprogress projects which would have a public edu-cational value; and if he will make a statement onthe matter. [28697/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The LocalAgenda 21 environmental partnership fundscheme promotes sustainable development byassisting, at a local level, environmental aware-ness projects which involve partnership arrange-ments between local authorities and local com-munity groups, schools and environmental non-governmental organisations. The scheme is co-funded on a 50-50 basis by the Department of theEnvironment, Heritage and Local Governmentand the local authorities. Since the scheme wasintroduced in 1997, the Department has contrib-uted \1,910,409 to 1,055 projects funded underthe scheme. The level of funding and the numberof projects assisted has increased each year, with208 projects receiving assistance in 2004. Many ofthe successful projects have recycling and wasteawareness as their theme. As in previous years,projects under the 2005 scheme, which wasannounced in September 2005, are encouraged tosupport the objectives of the Department’s wasteawareness campaign, Race Against Waste. Localauthorities are asked to give priority to projectswhich supported Local Agenda 21, a multifacetedblueprint for sustainable local communities thatare economically strong, socially inclusive andenvironmentally friendly.

Water and Sewerage Schemes.

791. Mr. Wall asked the Minister for the Envir-onment, Heritage and Local Government hisplans to provide grants for individual seweragesystems, upgrading of existing septic tanks tomodern systems and group sewerage systems; andif he will make a statement on the matter.[28741/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Although thereare no proposals to introduce grants for the pro-vision or improvement of single house sewagedisposal systems, grants of up to \2,031 per houseare available from county councils where two ormore householders form a group seweragescheme by providing a common or shared sewagecollection and disposal system. As I indicated inresponse to Question No. 331 of 5 October 2005,the outcome of a pilot scheme in Tipperary to testa range of new small scale waste water collectionand treatment systems under Irish conditions will


[Mr. Roche.]

inform any review of the level of group seweragescheme grants.

State Airports.

792. Mr. P. Breen asked the Minister for theEnvironment, Heritage and Local Governmentthe position in relation to the proposed guidelineson the designation of public safety zones at theState airports; and if he will make a statement onthe matter. [29036/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The Depart-ment of the Environment, Heritage and LocalGovernment is preparing draft guidelines forplanning authorities on public safety zones atState airports. It is hoped to issue the guidelinesfor consultation with the relevant bodies by theend of the year.

Planning Issues.

793. Mr. P. Breen asked the Minister for theEnvironment, Heritage and Local Governmentthe reason the purchase notice provisions con-tained in section 29 of the Local Government(Planning and Development) Act 1963 wereomitted from the Planning and Development Act2000; and if he will make a statement on thematter. [29037/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The compen-sation provisions under the planning code wererevised and consolidated in Part XII of the Plan-ning and Development Act 2000. Changes weremade to reflect experience since 1963 and the sig-nificant amendments made in 1990. In that con-text, it was decided that the little used provisionfor purchase notices was outdated and should berepealed. That position is reflected in the legis-lation enacted by the Oireachtas in 2000.

794. Ms C. Murphy asked the Minister for theEnvironment, Heritage and Local Government ifhis Department has given guidance to local auth-orities regarding the practice of requiring theestablishment and employment of estate manage-ment companies in new developments as amandatory condition of planning permission; andif he will make a statement on the matter.[29139/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Under section34(4)(i) of the Planning and Development Act2000, planning authorities may, when grantingplanning permission, impose a condition for themaintenance or management of the proposeddevelopment, including the establishment of a

company or the appointment of a person or bodyof persons to carry out such maintenance or man-agement. Such conditions are not mandatory. TheDepartment of the Environment, Heritage andLocal Government has not issued guidelines toplanning authorities in respect of this matter nordoes it collect statistics relating to how local auth-orities are carrying out this particular function.

Genetically Modified Organisms.

795. Mr. G. Mitchell asked the Minister for theEnvironment, Heritage and Local Governmenthis motives for abstaining on two votes at Euro-pean level at the end of 2004, leading to theapproval in August 2005 of the importation ofMonsanto’s patented GT73 oilseed rape seeds foruse as animal feed. [29228/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Ireland wasamong a number of member states who abstainedon the proposal at the meeting of the regulatorycommittee for the purposes of Directive2001/18/EC on 16 June 2004. At that meeting, ourabstention had regard to the long-standing posi-tive but precautionary approach to modernbiotechnology endorsed by successive Govern-ments; the favourable opinion available on theproduct from the Environmental ProtectionAgency as Irish competent authority for the pur-poses of the directive, following the agency’s con-sultations with other relevant State agencies; andconsideration of the product within myDepartment.

At the Environment Council of 20 December2004, Ireland was again among a number ofmember states who abstained on the proposal.Our abstention on that occasion again had regardto the long-standing positive but precautionaryapproach to modern biotechnology endorsed bysuccessive Governments; the favourable opinionavailable to me on the product from the Environ-mental Protection Agency as Irish competentauthority for the purposes of the directive, fol-lowing the agency’s consultations with other rel-evant State agencies; and the previous consider-ation of the product within my Department. Italso had regard to the views of the Joint Commit-tee on the Environment and Local Governmentand the outcome of the earlier discussion of, andvote on, the product at the June meeting of theregulatory committee.

796. Mr. G. Mitchell asked the Minister for theEnvironment, Heritage and Local Governmenthis views on concerns regarding the contami-nation of Irish farmland through spillage of GT73live genetically modified seeds. [29229/05]

797. Mr. G. Mitchell asked the Minister for theEnvironment, Heritage and Local Government


the potential for legal disputes, in view of theappearance of the trade related intellectual prop-erty agreements to assign possession of crops con-taminated with patented genetically modifiedgenes to the patent owner, Monsanto. [29230/05]


The product in question, genetically modifiedoilseed rape GT73, was authorised by the Euro-pean Commission on 31 August 2005 for import-ation into the European Community for use asanimal feed and for industrial use. The authoris-ation did not include cultivation. I am advisedthat oilseed rape imported into this country isprocessed prior to its importation by crushing andhaving its oil extracted. This minimises the possi-bility of live seed entering the environment.

Insofar as the TRIPs agreement is concerned,this falls within the remit of the Minister forEnterprise, Trade and Employment and obligesWTO member states to provide patent protectionfor any invention in all fields of technology.However, I understand that the grant of a patentconfers only a civil right on the patent owner toprevent others from doing what is claimed in thepatent and grants no right to its owner to makeuse of his or her invention. The TRIPs agreementdoes not contain any specific provision on con-tamination of crops by patented genetic material.

Housing Grants.

798. Mr. Stanton asked the Minister for theEnvironment, Heritage and Local Governmentwhen the review of the operation of the disabledpersons housing grant began in his Department;when the review will be completed and the resultspublished; if there will be changes to the oper-ation of the scheme in time for Budget 2006; andif he will make a statement on the matter.[29231/05]

Minister of State at the Department of theEnvironment, Heritage and Local Government(Mr. N. Ahern): The review of the disabled per-sons grant scheme, which was first signalled inMarch 2003, is being finalised in my Department.On its completion, it will be possible to determinethe changes, if any, required to the regulationsgoverning the scheme to ensure that the fundingavailable is directed at those persons in greatestneed of such assistance. The future funding of thescheme will be included in the outcome of thereview and will be addressed by the Governmentin that context.


799. Mr. Neville asked the Minister for theEnvironment, Heritage and Local Government

when the sewerage scheme at Adare, CountyLimerick will be upgraded. [29232/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The Adare-Patrickswell sewerage scheme is approved forconstruction in my Department’s water servicesinvestment programme 2004-2006. My Depart-ment is awaiting submission of Limerick CountyCouncil’s contract documents for the scheme forapproval. Once the contract documents areapproved the council will be in a position to invitetenders for the construction of the scheme.

800. Mr. Kehoe asked the Minister for theEnvironment, Heritage and Local Governmentthe start date for the main drainage scheme inEnniscorthy. [29255/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Phase 3 of theEnniscorthy main drainage scheme is included inmy Department’s water services investment prog-ramme 2004-2006 at an estimated cost of \13.2million. Construction of the scheme is expectedto commence in 2007. My Department is cur-rently awaiting additional information requestedfrom Wexford County Council to enable theDepartment to finalise its examination of thecouncil’s preliminary report for the scheme. Oncethe preliminary report has been approved thecouncil will be in a position to prepare contractdocuments.

EU Directives.

801. Mr. Haughey asked the Minister for theEnvironment, Heritage and Local Government ifhis Department makes advice available toretailers and producers in relation to the WEEEdirective; if a company (details supplied) inDublin 5 will be advised as to its obligationsunder this directive in view of the fact that thiscompany imports the raw materials to producecables and connectors used in television broad-casting; and if he will make a statement on thematter. [29256/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The regulationstransposing the EU directive on waste electricaland electronic equipment, WEEE, in the Stateimpose obligations on persons who supply electri-cal and electronic equipment to the Irish market.They are based on the principle of producerresponsibility and apply to producers who manu-facture and sell electrical and electronic equip-ment, EEE, under their own brand resell EEEproduced by other suppliers under their ownbrand; import EEE on a professional basis intothe State; or export EEE on a professional basis.Those manufacturing EEE products intended for


[Mr. Roche.]

the Irish market should determine in advancewhether the products which they place on theIrish market are within the scope of the directive.The directive relates to EEE products and notraw materials for the manufacture of such prod-ucts. Some EEE products do not fall within thescope of the directive and an EU guidance docu-ment on this is available on my Department’swebsite at www.environ.ie. My Department willalso be pleased to provide advice and assistanceon this matter.

Election Management System.

802. Mr. Gilmore asked the Minister for theEnvironment, Heritage and Local Governmentthe amounts paid to date in respect of the storageof electronic voting machines; if he will give abreakdown of the recipients in each case and theamount paid; if his Department has begun a pro-cess of attempting to buy out leases in respect ofagreements entered into by returning officers for

Constituency Owner of Storage Premises Annual Rental Costs\ (incl. VAT)

Carlow-Kilkenny Matthew and Teresa Cleary 23,595

Cavan-Monaghan Martin Duffy 20,328

Clare Voting machines stored in courthouse. Premises for ancillaryequipment owned by Tony Mulqueen. 3,600

Cork City Mr. and Mrs. Martin Harvey 30,492

Cork County Michael O’Driscoll 19,360

Donegal Niall McIvors, Secure Storage 10,564

Dublin City Brendan and Cara Walsh 42,350

Dublin County John Fitzpatrick and Kevin McGarry 33,880

Galway Voting machines stored in courthouse Nil

Kerry John Dillane 21,175

Kildare J & D O’Brien 19,360

Laois-Offaly KG Warehousing Ltd. 24,200

Limerick Ashling Microsystems 51,188

Longford Returning Officer has requested that this information not bereleased publicly for security reasons 12,100

Roscommon Gerry Kelly 6,000

Louth Dundalk Town Council Nil

Mayo Joseph Togher 25,410

Meath Paul McDonnell 14,496

Sligo Voting machines stored in courthouse Nil

Leitrim Voting machines stored in courthouse. Premises for ancillaryequipment owned by Drumshanbo Enterprise Centre 3,000

Tipperary (N&S) Nicholas Delehanty 24,200

Waterford Johnstown Properties Ltd. 50,820

Westmeath Peadar Conlon 15,972

Wexford McGuinness Enterprises Ltd. 12,096

Wicklow Telhurst Ltd. 38,000

Total 502,186

the storage of such equipment; the estimatedlikely cost of this process; and if he will make astatement on the matter. [29257/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Informationprovided by returning officers to my Departmentindicates that the total annual storage cost,including rental, insurance, service charges, ratesetc, for the electronic voting machines and ancil-lary equipment is some \696,000; details providedby returning officers in respect of ownership ofpremises and annual rental costs are set out in thefollowing table. Payments to returning officers inrespect of their electoral duties are made by theDepartment of Finance from the central fund.While I have requested my Department to exam-ine the question of central storage for the votingmachines and ancillary equipment, no process tobuy out leases entered into by returning officershas been initiated. It would not be appropriate tocomment at this stage on likely costs that mightbe involved with such a process given the com-mercial considerations involved.


Local Authority Housing.

803. Mr. Naughten asked the Minister for theEnvironment, Heritage and Local Government ifhe will review the current rules covering the ten-ant purchase scheme to exclude the price of thesite where the tenant was originally provided thesite for the construction of the local authorityhouse; and if he will make a statement on thematter. [29259/05]

Minister of State at the Department of theEnvironment, Heritage and Local Government(Mr. N. Ahern): The terms of the current tenantpurchase scheme provide that, where the site ofa dwelling has been provided to a housing auth-ority for a nominal sum, the sale price should bereduced accordingly for the tenant purchaser.


804. Mr. Naughten asked the Minister for theEnvironment, Heritage and Local Government ifthe appointment of consultants for a project(details supplied) will be approved; and if he willmake a statement on the matter. [29260/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The westRoscommon regional water supply scheme isincluded in my Department’s water servicesinvestment programme 2004-2006 as a scheme toadvance through planning. My Department hasapproved Roscommon County Council’s brief forthe appointment of consultants to prepare a pre-liminary report for the scheme and the sub-mission of this report to the Department is nowawaited.

Rent Allowances.

805. Ms C. Murphy asked the Minister for theEnvironment, Heritage and Local Government if,in view of the execution of the pilot rental sup-plement scheme projects, the issues that havearisen which will prompt further consideration ofand amendments to the rental supplementscheme prior to the roll-out of the scheme to allhousing authorities; and if he will make a state-ment on the matter. [29261/05]

806. Ms C. Murphy asked the Minister for theEnvironment, Heritage and Local Governmentthe number of households that have been trans-ferred from the community welfare supplementscheme to the new rental supplement schemewithin the pilot project areas; if the roll-out of therental supplement scheme to all housing auth-orities will commence within the timeframe envis-aged originally; the level of satisfaction which hasbeen communicated to him by both those partici-pating in the scheme and those administering it;

and if he will make a statement on the matter.[29262/05]

Minister of State at the Department of theEnvironment, Heritage and Local Government(Mr. N. Ahern): I propose to take Questions Nos.805 and 806 together.

I refer to the reply to Question No. 175 of 29September and Questions Nos. 536 and 557 of 4October where I outlined the main actions to datein implementing the rental accommodationscheme, RAS. Under this scheme announced bythe Government in July 2004, local authoritieswill over a four-year period progressively assumeresponsibility for accommodating supplementarywelfare allowance, SWA, rent supplement recipi-ents of 18 months or more continuous durationwith a long-term housing need. The RAS is a col-laborative project between my Department, theDepartment of Social and Family Affairs, localauthorities and the community welfare service.Implementation of the scheme is being monitoredclosely and monthly progress reports are beingprepared by the programme managers employedto co-ordinate the roll-out of the scheme by thelocal authorities.

Later this year an interim independent eval-uation of the operation of the new arrangementsfor implementing RAS will be carried out. Theevaluation will consider any further measuresrequired to ensure the effectiveness of the roll outof the scheme. Where any additional details oramendments, emerge in the light of the eval-uation, that impinge on the rent supplementscheme these will be brought to the attention ofthe Department of Social and Family Affairs.Roll-out of the RAS commenced in an initialgroup of lead authorities, namely Dublin, Galwayand Limerick city councils, south Dublin,Donegal, Offaly-Westmeath county councils, andDrogheda Borough Council. Cork city andcounty councils and South Tipperary CountyCouncil are now implementing the RAS. All localauthorities are due to implement the newarrangements during 2005.

The first transfers to the RAS occurred inSeptember 2005. Some 31 households have trans-ferred from the SWA rent supplement scheme inthe Galway City Council. It is estimated that afurther 300 households will transfer to the RASlater this month, the majority of which will be inthe Dublin city, Galway city and south Dublincounty council areas.

First indications from the various agenciesinvolved to the RAS have been generally posi-tive. A number of seminars have been held in thelead local authorities to inform accommodationproviders of the new scheme and receive theirviews. In addition, my Department has engagedthe housing unit to arrange a series of infor-mation seminars, commencing in early Nov-ember, to focus on the background to the estab-


[Mr. N. Ahern.]

lishment of the scheme and the policy andimplementation issues currently facing imple-menting local authorities, community welfareservice and the Departments concerned. Theseseminars will provide a vehicle for further feed-back on the roll-out of the RAS.

Housing Grants.

807. Mr. Timmins asked the Minister for theEnvironment, Heritage and Local Government ifhis attention has been drawn to a difficulty beingexperienced by purchasers of affordable housingunder section 9 or 10 of the Housing(Miscellaneous Provisions) Act 2002 who wish tochange their mortgage from the local authority toa financial institution, as the claw back concept isattached to the mortgage and not the property; ifhe has received representations on the issue; andif he will make a statement on the matter.[29263/05]

Minister of State at the Department of theEnvironment, Heritage and Local Government(Mr. N. Ahern): Houses sold under the variousaffordable housing schemes at a discount frommarket value contain a claw-back provision whichis necessary to ensure that there is no short termprofiteering on the resale of a house. In the trad-itional circumstances where local authorities werethe sole supplier of mortgage finance for afford-able housing, authorities registered the claw-backas a charge on the mortgage deed or, in the caseof shared ownership transactions, inserted it as aclause or condition in the lease. This allowedthem, as the lender, readily to enforce the claw-back. Two of the main financial institutions arenow introducing schemes of mortgage financingfor persons who wish to access affordablehousing.

Following extensive discussions with myDepartment, agreement was reached with theseinstitutions on the rankings of the variouscharges, which included provision for a claw-backas a charge on the property, in the context ofimplementing the new mortgage products. Dis-cussions are under way with several other leadingprivate lenders with a view to initiating similarproducts. Since the introduction of these mort-gage products, I have received representationsregarding the difficulties being encountered bypersons wishing to re-mortgage with the privatelenders. It is reasonable for a local authority toallow re-mortgage through a private lender pro-vided the claw-back provision is fully protected;and it would be a matter for the local authorityin such cases to ensure that the claw-back can beimposed as provided for in legislation. However,with a view to achieving a widely agreed solutionfor this kind of case, my Department is in com-munication with the private lenders about stan-

dardising arrangements. I hope that these wouldbe finalised urgently and put in place as soon aspossible.


808. Mr. McHugh asked the Minister for theEnvironment, Heritage and Local Government ifthe preliminary report received from GalwayCounty Council for a project (details supplied) inCounty Galway will be approved; and if he willmake a statement on the matter. [29264/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): I refer to thereply to Question No. 1386 of 28 September,2005.

Sports and Recreational Facilities.

809. Mr. Wall asked the Minister for the Envir-onment, Heritage and Local Government if anylocal authority in County Kildare has applied forthe proposed skateboard park grant as promisedby his Department; and if he will make a state-ment on the matter. [29265/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Earlier thisyear, I announced an initiative for the provisionof a number of skateboard facilities nationwide.Each city and county council was invited by myDepartment to submit expressions of interest forgrant assistance towards the provision of a skate-board park in its area. The closing date for receiptof applications from local authorities was 15 July2005. City and county councils responded posi-tively to this new initiative and the proposals sub-mitted are at an advanced stage of consideration.Kildare County Council submitted one appli-cation in respect of Newbridge sports and leisurecentre. I hope to be in a position to make anannouncement regarding the successful projectsshortly.

Departmental Staff.

810. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Governmentthe rates of overtime or additional allowancespayable to staff who work in his Department’spress office in respect of persons being on-calland their additional attendance at work before orafter normal hours; and if he will make a state-ment on the matter. [29304/05]

811. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Governmentthe amounts of ex gratia payments made to staffin his Department’s press office in respect of per-sons being on call and their additional attendanceat work before or after normal hours; and if hewill make a statement on the matter. [29319/05]



On-call allowances are not paid to staff in myDepartment’s press office. Payments foradditional attendance to staff in my Department’spress office are in accordance with the Depart-ment of Finance circular 27/99 dealing with extraattendance, which is available on www.codpear-sanra.gov.ie.

812. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Governmentthe amount of compensatory leave granted or dueto be granted to staff in his Department; the indi-viduals to whom they were granted in respect ofadditional attendance at work before or after nor-mal hours of attendance; and if he will make astatement on the matter. [29334/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): My Departmentoperates in accordance with the conditions gov-erning extra attendance as set out in Departmentof Finance circular 27/99 for overtime grades.This circular provides for the payment of over-time or time off in lieu for authorised extraattendance. Since January 2005, 260 days havebeen taken by such staff as time in lieu.

A time and attendance scheme operates foradministrative staff up to and including assistantprincipal officer in the Department’s main officesand is monitored centrally. In September, 67% ofstaff on this system carried forward in excess of3.5 hours which can be taken as leave in the nextfour week period.

A considerable number of the Department’sserving staff operate from local offices and whenrequired to work outside normal hours avail oftime off in lieu. The arrangements are managedlocally and centralised data are not maintained inrelation to them.

813. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Government ifthe personnel files of staff in his Department havebeen copied or given to external parties; if so, thesafeguards which have been put in place to ensurethat no personal data of any member of staff inhis Department will be released to third parties;and if he will make a statement on the matter.[29349/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Staff personalfiles are treated as confidential by my Depart-ment and are referred outside the Departmentonly for the purpose of providing information tothe chief medical officer, as appropriate. MyDepartment is examining ways to improve recordmanagement and, in that context, is giving pre-liminary consideration to the scanning of files in

its corporate services division. To scope thiswork, a small sample of data were recently givento a company for test scanning. Prior safeguardswere sought and obtained from the company thatthe confidentiality of this data would be rigor-ously protected.

814. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Governmentthe number of staff in his Department to whomleave of absence, or any other absence from nor-mal duties or place of work, in excess of twomonths was granted for educational purposes inany year since 2002; the nature of the educationalcourse undertaken in each case; if there are termsor conditions relating to academic achievementattached to the granting of such leave; if person-nel who were granted such leave failed to com-plete their courses; and if he will make a state-ment on the matter. [29364/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Six officers havebeen selected to participate in a two year mastersprogramme for public policy analysis since 2002.Two have successfully completed the course andfour are currently participating in the scheme. Forthe duration of the course participants areappointed as assistant principal officers on an act-ing basis and on successful completion of thecourse, they are appointed in a substantive capa-city in that grade. Applicants are nominated bythe Department and interviewed by the PublicAppointments Service, PAS.

Staff can avail of the career break scheme foreducational purposes and eight staff are currentlyon career break for this purpose. It is not arequirement of the scheme to provide details ofthe courses to be pursued and in the circum-stances such details are not available.


815. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Governmentthe number of staff who applied for a refund ofcourse fees in respect of courses undertaken atnight or evenings; the value of refunds expectedto be made by his Department in 2005; thenumber of staff to whom approval to attend acourse was granted in the last academic year butdid not subsequently apply for the refund; and ifhe will make a statement on the matter.[29379/05]

816. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Governmentthe proportion of his Department’s trainingbudget that is spent on refunds to staff in respectof night-time or weekend study courses; the listof all courses funded by his Department in the


[Mr. P. McGrath.]

past three years; and if he will make a statementon the matter. [29394/05]


My Department’s training and developmentstrategy 2004-09 aims to support the process ofongoing learning for staff. In support of this, myDepartment operates a scheme whereby staff canhave their fees paid in full or in part at the begin-ning of the academic year for their attendance atcourses that are relevant and beneficial to bothstaff and the work of the Department.

In 2005 my Department will spend approxi-mately 17% of its training budget on payments-refunds to staff in respect of night-time or week-end study courses. Details of applications andprojected payments for 2005 are set out in thefollowing table.

Academic year 2005-06

No. of Applications Received Value of ProjectedPayments in 2005

69 \124,000

Of the staff who received approval to attendcourses in the academic year 2004-05, six did notapply for a refund. A list of courses funded in thisway by my Department since 2003 is as follows:accounting technician; advanced Internet tech-niques; advanced ECDL; AITI, professional taxexams; Bachelor of Arts; Bachelor of BusinessStudies; Bachelor of Technology — computing;behaviour — assertiveness personal develop-ment; BSc in Engineering; BSc in EnvironmentalStudies; BSc in Computing Science; BSc in RuralDevelopment; BSc in Natural Sciences; BusinessManagement; Certificate in Biodiversity Com-ponents in Forestry; Certificate in Business Law;Certificate in Civil Service and State AgencyStudies; Certificate in Communication Skills; Cer-tificate in Counselling Skills; Certificate in FieldEcology; Certificate in Health and Safety; Certifi-cate in Management Development; Certificate inManaging Change; Certificate in ProfessionalCompetence in Road Haulage; Certificate in Psy-chology; certified Cisco systems; CharteredInstitute of Management Accountants — CIMAexams; Cleachtas sa Datheangachas; CoastalZone Management; Community Arts for Com-munity Development; Computer Applications;Cursa Diploma sa Ghaeilge; Digital Photography;Diploma in Environmental Impact Assessment;Diploma in Accounting and Finance; Diploma inArbitration; Diploma in Business Studies; Dip-loma in Field Ecology; Diploma in GeographicalInformation Systems; Diploma in HumanResources; Diploma in Legal Studies; Diploma inManagement and Employee Relations; Diploma

in Psychology; ECDL; Foundations in Law; Fran-chise; General Science; Higher Diploma in Com-puters; Higher Diploma in Human ResourceManagement; Higher Diploma in Policy Analysis;Higher Diploma in Public Management; HigherDiploma in Town and Country Planning; HumanResource Management and Employment Law;Information Technology; Introduction to SocialSciences; Irish; Irish Taxation Institute Associateexams; JEB Teacher Diploma in IT skills; For-eign Language Training; Legal Studies; LLB; MAin Archaeology and Heritage Management; MAin Business Studies; MA in Environmental Pro-tection; MA in Human Resource Management;MA in International Relations; MA in PublicManagement; MA in Strategic Management andPlanning; MBA; Microsoft Office User SpecialistMaster: MSc in Applied Computing for Technol-ogists; MSc in Applied Ecology; MSc in Environ-mental Protection X 2; MSc in Science; MSc inSpatial Planning; MSc in Urban Design; PhD inArchaeology; PhD in Biological Sciences; PhD inLife and Health Sciences; Social Policy; SoftSkills Training; the Environmental Web; Theoriesof Race and Ethnicity: an Introduction; Town andCountry Planning; and Web Design.

817. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Governmentthe amount spent by his Department on brief-cases; the amount refunded to staff in his Depart-ment in respect of purchases of briefcases; thenumber of staff who have received briefcases; thenumber of staff who have received refunds forbriefcases they purchased; the largest singleamount paid or refunded in respect of one brief-case; and if he will make a statement on thematter. [29409/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): My Departmenthas made no purchases of briefcases this year andno refunds have been made to staff in respect ofbriefcases.

818. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Governmentthe number of personal digital assistants providedto staff in his Department; the cost of same; thecost of the most expensive personal digital assist-ant purchased to date; the grades to which thesedevices are issued; if personal digital assistantsare issued as a matter of course or are subject topreparation of a business case which is sub-sequently scrutinised; if so, by whom the finaldecision on allocation of personal digital assist-ants is made; and if he will make a statement onthe matter. [29424/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Late in 2004 theBlackberry was selected as the standard PDA for


use in my Department. There have been 17Blackberry personal digital assistants provided tostaff members since then at a cost of \4,028.30.The most expensive device purchased to datecost \249.01.

Blackberry personal digital assistants are issuedto staff on case by case basis subject to a recom-mendation by the relevant line management, usu-ally principal officer or equivalent level, that thedevice is required for the efficient and effectiveoperation of the staff member and section inquestion. The ICT unit of my Department con-trols the issuing of devices. The devices have beenissued to the following grades: secretary general,one; assistant secretary general, two; principalofficer, four; principal adviser, one; assistant prin-cipal officer, three; private secretary to Minister,one; press and information officer, one; higherexecutive officer, two; and clerical officer ITunit, two.

Departmental Staff.

819. Mr. P. McGrath asked the Minister for theEnvironment, Heritage and Local Governmentthe number of staff in each general service andDepartment grade in his Department who havebeen exempt for a period in excess of six monthsfrom attending meetings, dealing with correspon-dence, dealing with telephone queries, home orforeign travel, using computers or other duties byvirtue of a medical certificate; if such long-termexemptions from normal duties are fair to otherstaff who must pick up the extra work; if theyprovide the taxpayer with good value for money;if such exemptions or certificates have beenreviewed by the chief medical officer; and if hewill make a statement on the matter. [29439/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): My Departmentdoes not operate a formal system of exemptionfrom duties in relation to any of its staff. Its pub-lished human resources strategy seeks to promotea positive working environment based on theequal treatment of all staff while respecting theirindividual differences and needs. The strategyaims also to foster teamwork and collaborationand to support the achievement of work-lifebalance for staff. The overall objective is todevelop the Department as a responsive, capableand flexible organisation in line with good humanresource practice. My Department works in part-nership with unions and staff to give implementthese provisions of its human resources strategyand is satisfied with the effective workingarrangements which these provide.



821. Mr. Gilmore asked the Minister for theEnvironment, Heritage and Local Governmentthe amount paid to a consultancy company(details supplied) in respect of each year since2000; the details of each of the contracts andservices provided; the nature of the controlsapplied in the procurement process or processes;if he has satisfied himself that value for moneyhas been achieved in each case; and if he willmake a statement on the matter. [29477/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): My Departmenthas not engaged these consultants in any yearsince 2000.

Electronic Voting.

822. Ms C. Murphy asked the Minister for theEnvironment, Heritage and Local Governmentthe modifications which have been judged neces-sary to overcome shortcomings in the electronicvoting machines purchased; the programme ofwork which is required to prepare these machinesfor use; the estimated costs of such work; thetimeframe for the work to be completed; and if hewill make a statement on the matter. [29540/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): Following anopen procurement process, my Departmentappointed consultants in July 2005 as part of aprogramme of further assessment, testing andvalidation of the electronic voting and countingsystem. The brief is to undertake a security andrisk assessment of all aspects of the system andto devise a programme of additional testing. Thisis intended to address issues raised by the Com-mission on Electronic Voting and demonstratethat the system operates reliably, securely andaccurately.

The consultancy work is under way and will becompleted as soon as possible. Pending com-pletion of the work and consideration of the out-come, it is not possible to speculate on the costof any modifications which could arise in thisregard.



824. Ms C. Murphy asked the Minister for theEnvironment, Heritage and Local Governmentthe water supply capacity in the greater Dublinarea at present (details supplied); the additionalwater supply schemes which are either under con-struction, at the planning stages, or awaitingapproval from his Department; if the supply capa-city in the area is deemed to be sufficient to cater


[Ms C. Murphy.]

for the current population and for the projectedincreases in population over the next five years;and if he will make a statement on the matter.[29542/05]

Minister for the Environment, Heritage andLocal Government (Mr. Roche): The current out-put of the water production plants in the greaterDublin area, including Kildare, Meath andWicklow, is approximately 560 million litres perday. A range of projects to further expand capa-city is being advanced under my Department’sWater Services Investment Programme 2004-2006. These include Kildare Wellfield develop-

ment, Leixlip water treatment plant extension,Navan water supply scheme, Wicklow town watersupply scheme and the expansion of the Bally-more Eustace water treatment plant. The Bally-more Eustace scheme alone will increase capacityby 66 million litres per day. In addition, the prog-ramme also includes funding to support theidentification of new sources to meet projecteddemand in the greater Dublin area up to 2031.

Since 1996, over \55 million has been spent onongoing water conservation works in the regionto reduce unaccounted for water and water lossesin the distribution system. These measures, takentogether, are designed to ensure the availabilityof adequate water supplies to meet the needs ofthe greater Dublin area in the medium term.