I propose to take Questions Nos. 1 to 4, inclusive, together.

A total of 817 files or file parts were transferred to the National Archives to be released for public inspection on 1 January 2008 — and 12 files were withheld.

Of the 12 files withheld, one was withheld under section 8(4)(a) of the Act, seven were withheld under section (8)(4)(b) and (c), two were withheld under section 8(4)(c) and two were withheld under section 8(4)(a),(b) and (c).

I want to ask the Taoiseach a number of questions about the National Archives of Ireland. Some Departments are slow enough to send their material to the National Archives, principal among which was the Department of Education and Science, although I believe it has improved somewhat. It is a national embarrassment that the staff of the National Archives of Ireland, despite their first-class work, must struggle every year to put material into facilities that are completely inadequate in this day and age. I am quite sure the Taoiseach has received a report on this.

This matter is not just applicable to the Taoiseach's Government in that it has been applicable to other Governments for very many years. The under-funding of the National Archives of Ireland, which succeeded the Public Record Office, is severe. The storage area of the Public Record Office was blown up deliberately by those who were known as the Irregulars in 1922 but the remaining documents have still not been catalogued or examined. They contain the history of our country. I understand one of the documents blown up was 1,000 years old but the staff of the National Archives of Ireland still do not have the capacity or facility to put the remaining fragments together for future generations.

There is scope for building on the site at Bishop Street but, as the Taoiseach knows, national archive buildings require environmental facilities such as temperature controls. Buildings that become available under the decentralisation programme might be considered although a number of them are very old and historic and could therefore not be easily adapted. The Government and all of us as a people should certainly support the rehousing of the archives.

Will the Taoiseach indicate what reports he has received on how conditions might be improved? The staff of the National Archives of Ireland are doing magnificent work. The storage space is incredibly tight and this is just not plausible if the archives are to be maintained for future generations. That the remainder of the records destroyed in 1922 still have not been examined and catalogued speaks for itself. I implicate not only the current Government but all Governments.

I agree that the staff of the National Archives of Ireland do excellent work in the facilities available and in the given circumstances. Over the past 20 years, the volume of files being sent to the archives by Departments and agencies has increased substantially, and this obviously results in pressure.

I would have to get the up-to-date position but I know the Office of Public Works was considering obtaining a very large city-centre location for the archives. However, I believe there were difficulties in this regard because, as the Deputy pointed out, problems arose with access to the building and environmental considerations. The building was an old Georgian building on Parnell Square, the old Coláiste Mhuire site. Afterwards, the Office of Public Works considered some buildlings resulting from decentralisation. I will ask the office for an update on what it is doing in this regard.

It is obviously vital that the existing records be maintained for posterity. The staff of the National Archives of Ireland have done a lot of work in cataloguing. I do not have a record of exactly where that work has been done. The files are enormously important to the State. I do not refer to the current ones but to the historic ones. I understand the staff of the National Archives of Ireland have put a lot of effort into cataloguing over the past 20 years. Perhaps it is not a question of the volume that the staff had to deal with, but I will check.

The real problem concerns the significant increase in the space required to store the archives. I am told a fairly central location is required. Perhaps I will obtain a report from the Office of Public Works and send it to Deputy Kenny.

In finding a more suitable or appropriate location or a solution to the problem, the Taoiseach will have the support of the Fine Gael Party. I feel strongly that the National Archives are the history of our country and of our people and his Government and any succeeding Government should make arrangements to ensure these are properly exhibited and preserved, and that the facilities are made available to the staff to catalogue and detail them so that they are there for the next thousand years.

On the papers that were released, one that I noticed related to the fact that one of the Taoiseach's predecessors, Liam Cosgrave, ended the boycott on royal occasions which had been in place since the foundation of the State. Is it the Taoiseach's intention to have the Government extend an invitation to Queen Elizabeth of England to visit this State at some time in the future? There seems to be much speculation about this issue and perhaps he might comment on it.

I noted that the late Jack Lynch honoured his commitment to abolish domestic rates. One of the matters that seems to have been a cause of lingering difficulty for people is that in law one cannot allow for a reduction of rates. If, let us say citizen Dermot Ahern, who is seated beside the Taoiseach, does up his shop on the local street and improves the street scape, the local authority cannot give him a reduction for the effort made to improve the facade and the facility of his street scape. Is there any intention that, on reviewing the abolition of the rates, such a reduction might apply?

On the first question, a visit from the Queen of England to this country has been a matter of some debate for some time. Obviously, until the institutions were back up and running in Northern Ireland it was not a matter that had moved on any further than an aspiration that it would happen. It was hoped that, with the devolution of policing, the remaining issues outstanding from both the Good Friday Agreement and the St. Andrews Agreement would be complete and it was the Government's view that at that stage we could discuss the matter more seriously.

I know from over the past decade that she would dearly love to come to this country during her reign and that there has been some discussion around that, but she also understands the practicalities and difficulties of it. If the issue of policing is completed — it is scheduled to be completed and I hope that is the case in the very short term — then we could put our mind to that matter in a serious way. We are due to come back on it at that time and we would have an obligation to do so.

She has been around a little longer than the Taoiseach and I know that other members of the British royal family come here on a regular basis. Would that invitation, if it was to be extended, be as a result of a Cabinet decision or on the basis of an invitation from the President? Does the Cabinet make the decision to extend an invitation or does it come from Áras an Uachtaráin?

It relates to Head of State and it would be probably from Áras an Uachtaráin with the agreement of the Government. As I stated, it has been on the agenda for some years, albeit on a low level. It is something to which we should turn our mind, although it is unclear whether it can happen in the very short term. As Deputy Kenny will appreciate, a visit like that in its normal planning would take some considerable time. It will not be in 2008; it would take some considerable time to arrange. However, it is no secret that it is something the Queen would certainly like to do.

Was that an issue the Taoiseach discussed with Prime Minister Brown when he met with him recently or have there been any discussions at governmental level about the possibility of such a visit and how the arrangements might be made for it?

On the National Archives, the Taoiseach told us that 12 files have been withheld this year for various reasons. I appreciate he obviously cannot identify the files, but can he give a general idea as to the subject matter of the files concerned? What is the aggregate number of files now withheld from the National Archives going back over the years? Have any files related to the Dublin-Monaghan bombings been withheld? Have any files relating to the murder of Garda Richard Fallon in 1970 been withheld? The Taoiseach will recall that at the time this was the first murder of a Garda in the State for almost 30 years. Members of the late Garda Fallon's family have been on the public record recently expressing concern that there does not appear to be any file relating to his murder extant in the various Departments and the National Archives. Has any material relating to the murder of Garda Fallon been withheld?

On the question of whether there has been any Government discussion on a visit by the Queen, the answer is "No". It has not got to that stage. There has been no movement and it is unlikely to happen until the devolution of policing is completed. There has been no discussion on the matter over the years. Discussion has mainly been at local, official or embassy level and has not moved from that position.

Of the total of 818 files or part files transferred to the National Archives this year, 65 files were to do with Northern Ireland. Most of the files — I think all of them, subject to correction — from all the other sections of my Department would be given over in full. The only ones held back any year were to do with Northern Ireland. This year 65 files relating to Northern Ireland were released. Last year it was 55. No files were withheld, but of the 65 files, 48 were released without any abstractions. The comparable figure for last year was 44. Some 32 documents were extracted from files and partial abstractions from files were made on five documents. These abstractions were made under section 8(4) (b) and (c), namely, contrary to public interest, might constitute a breach of statutory duty or breach of faith on the grounds that they contain information supplied in confidence, or might cause distress or a danger to living persons, on the grounds they contain information about individuals or might be likely to lead to an action for damages or defamation.

I do not believe my Department would have had any files on Garda Fallon. That issue would relate to Justice, Equality and Law Reform. Any of the files we have are Northern Ireland based from the times and the earlier period of the Troubles and would relate mainly to contacts between officials on the ground, security briefings that would have been given by the police from Northern Ireland, and information coming to the Government during the period from various groups in Northern Ireland. Most of the abstractions identify people by name or would be sensitive information clearly stating who was providing information to the Government at the time.

With regard to files being withheld because they identify the names of people, resulting in distress for the people concerned, I understand from the Taoiseach that much of the withheld information has to do with the withholding of names of people who were supplying information. Over the past decade, has the number of files or documents withheld for that reason been on the increase compared to five or ten years ago?

We have a 30-year rule. Obviously, the period since 1969 would have seen a flow of information that was not there previously or since. We are already coming out of that period from 1969-1971. More files were released this year. Of the 65 files, 48 were released without any abstractions so we are coming to a period where there are not many abstractions and no files are being held back in total. We will see that continue. The period from 1969 to 1971, which was the most sensitive period because of the difficulties at that time, had the highest number.

I have a final supplementary question in respect of 8(4)(c), which relates to the withholding of documents where they would or might cause distress or danger to living persons on the grounds that they contain information about individuals or would or be likely to lead to an action for damages for defamation. If files are withheld for political reasons under that clause, what are the criteria used and is there is any political involvement by the Taoiseach or any member of the Government in the decision as to whether files of that nature are withheld?

We have no involvement. Officials make that determination based on the legislation. From what I have been told in respect of these matters, information at the time would have been given by community and church leaders and other individuals who would name people with no level of proof or examination of proof. It is the same as what happened in respect of the various reports we received from former Mr. Justice Hamilton and Mr. Justice Barron that intelligence from the ground might say a, b or c but that there is no level of proof in that. Information like that could not be put into the public domain.

Can the Taoiseach outline the process employed in making decisions to withhold files? The Act states that a Department may withhold a file if its transfer to the National Archives would be contrary to the public interest. Can the Taoiseach explain if there is a single officer entrusted with this assessment responsibility within each Department or whether there is wider consultation and if so, with whom? Does his Department have a specific overriding role? Is the Garda consulted? If criteria are laid down, have they ever been published? Would the Taoiseach object to publishing them so that we could all have a better understanding of how the process works?

In respect of the 12 withheld files mentioned in his initial response and their relationship to 1977 or previous years, has the Taoiseach, during his period in office, been aware of any of these files having a direct or indirect reflection on matters that would come under the broad umbrella of collusion between British state forces and loyalist paramilitaries, particularly their activities in this State 30 years ago and before then?

The evaluation of files for release is done under the 1986 Act but is carried out by designated officials in my Department. Neither my Ministers nor I have any role in that process. It is done under the legislation. As files are processed for release each year it is normal practice that some are certified by the appropriate official for attention on the grounds set out in the Act but this is a call for the official to make under the Act. I referred earlier to the sections of the Act. On the Deputy's question about provision being made to review closed files, that happens at five-yearly intervals from the date the certificate to withhold records is made and my Department complies with this statutory obligation. Files held back are subjected to a five-year review where circumstances might change and those files can then be released.

I do not have detailed figures but the numbers for the past five years amount to 55 files. There are four certifying officers in my Department, all at least of principal officer grade, as required under the Act. Other Departments have similar arrangements. The names of the certifying officers are published in the annual report of the director of the National Archives.

There is no secret about the process used. All files of more than 30 years old must be released unless they have been certified for attention by the certifying officer. They must be released unless there is a certificate issued by one of the four officers. The certifying officers in other Departments obtain the consent of an authorised officer of my Department so the Act provides for a connection with my Department.

Can we take it therefore that the anchorage of the determination of decisions regarding withholding of files by other Departments is located within the Department of the Taoiseach? The criteria employed——

The files from the other Departments would not end up in my Department.

They would not.

No.

Is it just within the Taoiseach's Department?

Yes.

Would there be corresponding personnel in each of the other Departments but perhaps not of that number? Is it because of the specific potential sensitivities of records associated with the Taoiseach's Department that it has a greater number of officers with that designation?

Have the criteria been published? What are the guidelines given to these deciding officers who issue this certification? Will the Taoiseach agree that publication of these guidelines would help public understanding of the process?

The Taoiseach quoted a number of sections of the National Archives Act 1986. Section 8(11) indicates that the Taoiseach may by order prescribe a particular class or classes of records to which a certificate granted under subsection 204 may relate and may by order, amend or revoke an order under this subsection. Has the Taoiseach ever exercised this power under section 8(11) of the Act to prescribe a particular class or classes of records that may or may not be transferred? If so, will the Taoiseach indicate to the House what classes of records he has so prescribed over his period in office?

I do not think I have ever invoked section 8(11) of the Act. I will check whether I have and I will inform the Deputy.

I ask the Taoiseach to come back to me with the information.

On a point of clarification, my Department has four certifying officers at principal officer grade. Other Departments have similar arrangements. I do not know how many are in each Department but each Department has certifying officers. The names of certifying officers are published in the annual report of the director of the National Archives. They implement the Act and their powers are set out clearly in the Act. Any other issues about what is retained are also dealt with in the report of the director of the National Archives. There are no hidden details.

There is not a list given of the files held back because in many cases the name on the file would give the information. Most of the files held back are not recorded — they are recorded in Departments but not publicly recorded for that reason. Then there is the five-year look-back rule, where it might become appropriate to release these files. Overall, with the exception of Northern Ireland, there are very few files that have been held back. In regard to files relating to Northern Ireland, a total of 55 were released to the National Archives last year. Two files were withheld under the 75-year rule of the European Court of Human Rights, while 45 were released entirely without redaction. Most of the files are now being released. Redactions mainly concern names. I do not know what the two files are withheld under the 75-year rule.

From recent Cabinet activities, it seems all Ministers are completely compliant with whatever the Taoiseach says. The release of the archives prompts me to ask whether the present Cabinet ever has any rows. There was a real spat between Pat Cooney and Richie Ryan about matters that the then Minister, Mr. Cooney, wanted to raise and the then Minister for Finance said he would not waste the time of his officials and would take up the matters at Cabinet directly. I note that the archives indicate that the late Michael O'Leary went on a solo run about a public holiday, that the hunger strikers caused a division with the Vatican and that President Hillery threatened to move out of the Áras if the Government did not deal with his transport problem. I suppose we have moved on from all these issues. When we read the releases, it reminds us of an energetic time in Irish politics. Are there any hidden gems we can look forward to being released in 30 years time from the current stock of compliant brilliant men and women who sit around the table with the Taoiseach?

The Taoiseach to confirm that all is sweetness and light.

The Ceann Comhairle is doing his job.

In 30 years as always there will be some interesting reading material. In fairness to the people who were involved 30 years ago, they had some very difficult issues to deal with. When we look back at some of the records of 1969, 1970, 1971 and 1972, they were difficult and dangerous times. Looking back, there was the loyalist strike and some cross-Border issues when the SAS men were arrested in the South. I think a few politicians from the North were arrested in the South. Therefore, they were difficult times. Of course, we have friendly spats. I am not sure the Deputy will have to wait 30 years to read about them.

Interesting.

I propose to take Questions Nos. 5 to 7, inclusive, together.

The legislative priorities of the Government are set out in the legislative programme published on 29 January. My Department has one item of legislation on the C list, the Statute Law Revision Bill, the purpose of which is to review local and personal and private Acts enacted prior to 6 December 1922. While it is not possible to give a final estimate, it is hoped the heads of the Bill will be submitted to the Government in 2009.

I accept this may be slightly outside the remit of the Department of the Taoiseach but eight of the Bills were on the list for 2007, while nine are new. We have not enacted any legislation in this period. Why were nine of the 17 so-called priority Bills on the list of legislation for the autumn 2007 session not published and now reappear in the spring legislative programme? Is there a reason for this or is it that the Whip is being told by various Departments, and the authority that frames this legislation in the first place, that these things will come through although they do not? Of the original list of 17 Bills, nine of them were not published but they now appear on another list. What is the procedure involved and why was the Whip unable to provide accurate information when he published the list last September? In order to set a record in this session and pass some legislation, we may have to sit longer than was intended. The record in terms of productivity does not measure up that well as we enter into pay talks about productivity in many other areas.

Since the Government took office on 14 June 2007, 12 Bills have been enacted. To date this year, six Bills have been published. Legislation is regularly listed as a priority in Departments but it can take longer from the time the heads of a Bill are agreed, to drafting and dealing with legal issues that inevitably arise. Some of the Bills go back to Departments a number of times when trying to finalise agreement. The senior parliamentary counsel can be occupied full-time on some of the major Bills. For example, every year the Finance Bill takes several months of work following the budget. It is four months from budget day to the date of completion of the Bill. The work of the parliamentary draftsman, together with amendments on Committee Stage, and Report and Final Stages take up so much time. The Immigration Residence and Protection Bill, for example, can tie someone up full-time for several months and therefore other Bills can lose out in the pecking order, although they are important to the relevant Departments. Another example is the broadcasting Bill, which will be coming through shortly. The preparatory work on that legislation has been long and detailed. As I said here two weeks ago, there is a range of legal issues surrounding the fair deal legislation, which has taken time. A small number of Bills therefore can take an enormous amount of the parliamentary draftsman's time, with the result that other Bills are delayed. Most of the Bills on the list, however, will come through over the next month or so.

The Minister for Health and Children, Deputy Harney, wanted to push the fair deal legislation through in the two days before the Christmas recess. We always had an understanding that rushed law can be bad law. Given that the Taoiseach commented on the fair deal legislation, is it likely to come before the House in this session or shortly after Easter? Do the legal problems concern property ownership or what is the big obstacle?

As the Deputy recalls, we agreed at Christmas to consult the interested groups and the advice of the Attorney General was also sought. The Minister, Deputy Harney, is still dealing with that issue and hopes to bring forward the proposals after Easter. I have not been dealing with it directly but I know from conversations that it is possible to draft the Bill. There is no difficulty about the legality but there are enormously complex issues around it, which is what has taken the time. Having said that, a large amount of people are clamouring to get on with this but it will take a little bit more time.

I agree with Deputy Kenny that a very small amount of legislation is emerging from this Government in its post-general election manifestation. Among the Bills we know will be published is the referendum Bill to deal with the EU treaty. When are we likely to see this Bill? Has the Government set a date for the referendum? Can we now take it there will not be a Bill in 2008 dealing with a referendum on children's rights?

My questions are very much in the same vein as those of Deputy Gilmore. The first two questions he asked are straightforward. Will the Taoiseach clarify whether the referendum Bill on the Lisbon treaty will be published before Easter? Does he intend naming the date for the referendum this week? He must give a clear indication so that the debate can take place.

In regard to Deputy Gilmore's third question on the proposed constitutional amendment on children's rights, will the Taoiseach advise the House whether a final determination has been made to reject the idea of what was described as decoupling one particular area out of the broad raft of issues concerning children's rights? Is the Government determined to go ahead with a single constitutional referendum on children's rights? When does the Taoiseach envisage the Bill will be published? I am aware the deliberations on it are ongoing and that an extension of time has been sought by the Joint Committee on the Constitutional Amendment on Children, but will the Taoiseach give us some indication? Is he looking at the end of this year or will it be 2009 or, as indicated in previous responses here, given that it cannot now take place in tandem with the Lisbon treaty referendum, does he foresee it being held back even further?

On Deputy Gilmore's first question, the legislation will be published on Thursday. That will allow us to proceed in setting up the referendum commission and giving it the 90 days it asked for. The election will take place at the very end of May or into mid-June. We did not fix a date.

Is the Taoiseach planning an election?

I refer to a referendum.

I wanted the record to be clear.

Deputy Ó Caoláin certainly would not want an election.

The Taoiseach is full of surprises.

The election will take place in June 2012.

So the Taoiseach keeps saying.

Deputy Ó Caoláin can rest easy.

I have always stuck to my word.

The Taoiseach's smile gets broader every time he says it.

On the referendum on children's rights, it is clear that the committee's work will not be completed until later this year. The decision has been made that we will deal with it in one aspect, without decoupling the issues. In my view, it will be into 2009 before the referendum takes place. Even if the committee finishes its work in the autumn, to allow for discussions between the parties so that we can come to an agreement and have a successful referendum, it will be into 2009. I have spoken to some of the leaders of the various children's interests groups and they want it to be dealt with as one issue. They are willing to wait until 2009 but we certainly hope it does not go anything beyond that.

Many years ago, when the committee system was being discussed, the whole purpose of the exercise was to refer the heads of Bill to committees. That seems to have fallen by the wayside. It is an ideal means of having the general principle of legislation discussed and debated and teasing out possible difficulties at committee level and, thus, on an all-party basis. In many cases, there is little political difference between parties on certain types of legislation. Will the Taoiseach, who is a former Whip, consider the possibility of restoring the original idea of referring the heads of Bills to committees, in line with his overall desire to reform this Parliament?

I agree with Deputy Barrett on this issue. We have been pressing this matter. There was a consultation process on the Internet before the House considered the Broadcasting (Amendment) Bill 2006. It was a good exercise. I have asked other Departments to do the same thing. Some Departments are very good. My own view is that it is a very good way of teasing out and debating the submissions at an early stage. Legislation which may seem uninteresting to us all in here will be of interest to groups outside the House and the political system. They can build up a head of steam. The best way to allow them to have an input is to publish the heads of the Bills.

If committee debates on the heads of Bills are televised, special interest groups can see what is being discussed and make submissions in return.

I agree. We have done that with a number of Bills over the past few years. Some Departments seem a little reluctant to engage in this process. I have been pressing for more Departments to do it. It was of great assistance in the case of the Broadcasting (Amendment) Bill 2006. There was a broad process of consultation not just within the Oireachtas, but also within the interested groups. It will improve the legislation that comes before the House. There will probably be far fewer issues than there would be if Bills were not considered in this way.

The Taoiseach should take up this suggestion.

I do not doubt that when the next Dáil session commences, some of the Bills which are currently on section A of the legislative list will still be on section A of the list. Deputies asked in the House about the status of the Charities Bill 2007 on numerous occasions before it was finally considered and passed. We were told that the delay in that instance was caused by problems in the Office of the Parliamentary Counsel. How many draftspeople in that office are putting Bills together at present?

I have previously given a detailed account of the number of parliamentary draftspeople. There are issues relating to the main Bills of the year, such as the finance and social welfare Bills, and other key Bills like referendum and immigration Bills. Such legislation ties up parliamentary draftspeople for a considerable number of months each year. When such Bills are given priority, other Bills are put on the back burner. While each year's social welfare Bill may not be complex, other Bills can take up a substantial amount of time. Each year's finance Bill can tie up senior draftspeople for the best part of four months, which is a significant portion of the year. The drafting of the Immigration, Residence and Protection Bill 2008 also took a long time.

Delays are not always caused by the Office of the Parliamentary Counsel — legislation can be held up by discussions within and between Departments on various issues. All of that has to be agreed before the Office of the Parliamentary Counsel can start to draft a Bill. When compared to other Parliaments, the Oireachtas passes a large number of Bills each year. The point was made earlier that we need to be more concerned about the quality of legislation rather than the number of Bills which are drawn up.

The House will join me in offering heartfelt sympathies to the families of two Polish citizens who tragically died as a result of injuries they sustained in a serious attack with an offensive weapon in Drimnagh on 23 February last. A full-scale Garda investigation is under way. The Garda Síochána will, of course, spare no resources to bring about a successful outcome to the investigation. The House will understand that it would be inappropriate for me to comment further on the details of the investigation.

The number of deaths involving knives and similar weapons is a particular cause for concern. The number of murders involving stabbing doubled last year from 18 to 36. We have very strong penalties for offences involving knives. The Firearms and Offensive Weapons Act 1990 and the Offensive Weapons Order 1991, which control knives and offensive weapons, set out prohibitions on such weapons and severe penalties for breaking those prohibitions. The legislative provisions dealing with offensive weapons and any other measures which might be taken to counteract their availability and use are kept under constant review by my Department. At my request, the Garda Síochána is conducting a review of the provisions of the legislation in the context of the increased use of offensive weapons in assaults and murders. The purpose of the review is to identify aspects of the legislation that may require strengthening from an enforcement perspective. I understand the Commissioner intends to make a submission to me shortly.

All too often the use of offensive weapons is the end result of a pattern of anti-social behaviour or the excessive consumption of alcohol. One of the policing priorities I have set for the Garda Síochána for 2008 under the Garda Síochána Act 2005 is to combat, particularly in co-operation with other agencies and the community generally, public disorder, with particular emphasis on alcohol-related misbehaviour.

Issues of particular concern are the increase in the number of supermarkets, convenience stores and petrol stations with off-licences and how alcohol products are sold in such outlets, including below cost selling and special promotions. I share the view that we have a problem with our patterns of drinking. It is clear this problem is adding to public disorder.

Additional information not given on the floor of the House.

Following the establishment of the Government alcohol advisory group at the beginning of the year, I have asked the group to examine urgently key aspects of the law governing the sale and consumption of alcohol, including those directed towards combating excessive and under-age alcohol consumption. I have asked the group to report to me by the end of this month. I intend to bring forward after Easter urgent proposals for changes in the law which, with the support of both Houses, I hope will be enacted and implemented before the summer recess. In parallel with this, work will continue on the drafting of a comprehensive Sale of Alcohol Bill, which is included in the Government legislative programme for 2008 and which will modernise and streamline the law in this area.

We have to continue to try to get the message across, to young people in particular, that carrying around knives is dangerous and wrong. One very effective way of addressing this is to introduce a long-term education and awareness raising programme aimed particularly at young people. As part of the policing plan for this year the Garda has decided to launch a publicity campaign aimed at discouraging people from carrying knives. This will be in addition to taking rigorous action under the criminal law against those found carrying them, and it follows from the policing priorities I determined for this year, which include targeting the use of knives for violent attacks.

The Government attaches the highest importance to tackling the use of illegal firearms and offensive weapons generally. The first of the priorities which I have determined for the Garda Síochána for 2008 is targeting gun crime and the illegal activities most closely associated with such crime.

I join the Minister in his words of sympathy to the families of those brutally murdered in the most recent tragedy on our streets. I put it to him that killings and stabbings with offensive weapons of varying degrees, as well as gangland killings with firearms, are evidence that criminals have absolutely no difficulty in acquiring such weapons for the use of lethal force. Will he undertake in the review an examination of the availability of lethal weapons over the counter? Some months ago I brought to the attention of the House the fact that samurai swords and other such implements were available for sale over the counter in retail outlets at a cost of approximately €50 or €60. What function does the Minister see for such swords other than inflicting serious injury and perhaps death? After I brought this matter to the attention of the Minister, there was an horrific case in west Finglas in which an individual had his arm sliced off with a samurai sword. The Minister must not only look at the use of such weapons in the context of firearms and offensive weapons legislation but also at the sale, importation and retail distribution of such implements. What steps does he propose to take to outlaw and ban such weapons?

The Deputy introduced in the course of his question the incidence of routine gangland murders involving the use of firearms. Whereas there was an increase in the number of homicides involving the use of knives last year, there was a decline in the number of gangland murders. The reason for this was the incessant activity of the Garda Síochána in connection with Operation Anvil. A careful examination of the statistics pertaining to the robbery of cash in transit vehicles demonstrates that there was a significant decline in the amount taken last year. That is the lifeblood of criminal gangs who wish to purchase firearms. I draw attention to this fact.

We have a very serious problem with regard to the use of knives and offensive weapons. In that context, it is worth noting that the investigation into the recent incident — the basis of the Deputy's question — has not been completed but on the evidence of one of the statements made to the Garda, the implement that may have been used was a screwdriver. It is not possible to regulate the sale, distribution and possession of screwdrivers. That is an illustration of the difficulty in strengthening the law.

The Deputy mentioned an incident involving the use of a samurai sword, which resulted in my asking the Commissioner to complete a review of the subject to see if the law could be strengthened in connection with the use of such an implement. I await the findings of that review which I understand from the Commissioner will be completed very soon.

The seriousness of this issue, involving the use on a daily basis of offensive and lethal weapons such as firearms, is not such that it can await further consultative reports and reviews. The issue is now so serious that immediate action is required. We hear on a regular basis that members of criminal gangs are in receipt of expert firearms training in Prague in the Czech Republic, where they can undergo such training without having to register or show a passport. The people in question can catch a aeroplane back and engage in the activity we see on a routine basis in gangland circles. What action has the Minister taken in conjunction with his European colleagues to deal with this matter? Does the Minister agree such behaviour is unacceptable?

With effect from 1 November 2006, there has been a mandatory minimum sentence of between five and ten years under the Criminal Justice Act 2006 for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle and the use or production of a firearm to resist arrest. There are very strict penalties for such offences. I will certainly raise the issue indicated by the Deputy with the corresponding Minister, the Minister for the Interior, in the Czech Republic. It was a tradition in many of the former Warsaw Pact countries to have a substantial number of citizens highly trained in the use of arms. That core and body of people do not need any fresh training.

We must never lose sight of the fact that regardless of whether crime figures show a decrease or an increase, they represent victims and those close to them whose lives have been adversely affected by a criminal act. There was an increase in headline crime in 2007 of 1.7% but this must be seen against the background of the unprecedented rise taking place in our population. Taking this increase into account, the level of crime has reduced from 27.8 crimes per 1,000 population in 1996 to 26 in 2003 and 24.2 in 2007. I have been informed the overall Garda detection rate for headline offences for 2007 was 41%, up from 40.4% at the end of 2006. With regard to 2007, the increase in the number of homicides from 67 to 84 was a particular cause for concern. I have been informed by the Garda Commissioner that in 2007 the detection rate in the case of murder was 68% and in the case of manslaughter, 100%. I should note that the detection rate for crimes committed in a particular year, by its nature, increases over time as Garda investigations progress.

I commend the Garda for the fact that the number of murders involving the use of firearms which are predominantly gangland related was significantly reduced, from 26 in 2006 to 18 in 2007. The Government has no greater priority than bringing gangland killings to an end and to bring those involved in gangland activities to justice. In the last while we have seen a number of successful operations carried out by the Garda Síochána to deal with gangland crime and I am sure all Members of the House will join me in commending the force. Tragically, however, there was a doubling of the number of homicides involving stabbing, from 18 in 2006 to 36 in 2007.

The 2008 policing plan reflects the policing priorities which I have determined for this year. Among them is the targeting of the use of knives for violent attacks. The plan includes a commitment to a publicity campaign directed at this problem.

Additional information not given on the floor of the House.

Some killings stem from domestic violence. In response to this and the challenge posed by such violence, we have established the COSC — a new executive office within my Department — to give priority to the issue of domestic violence, with the particular objective of treating all instances of domestic violence as the appalling crimes they are.

I welcome the fact that there has been a substantial increase in the number of drug detections: an increase of 58.5% in the rate of detection of the cultivation, manufacture and importation of drugs and an increase of 19.7% in the rate of detection of the possession of drugs for sale or supply. Whereas the numbers of drugs detections add to the overall crime figures, in reality they represent the level of Garda activity and success in tackling the drugs menace and reflect a sustained and comprehensive set of Garda operations throughout the State. Some 0.7% of the 1.7% increase in headline crime in 2007 is accounted for by such drugs detections.

I am aware that complex issues surround the willingness of victims to report sexual offences but, nevertheless, I am pleased to note that the figures show a reduction in the overall number of sexual crimes, which is down 10.7%. The number of burglaries decreased by 5.4% in 2007, which represented 22% of all headline crime. Increases in the level of burglary, theft from shops and theft from MPVs largely account for the rise of 6% in total headline crime which took place during the fourth quarter of 2007. The Commissioner has informed me that strategies are being devised by assistant commissioners with the aim of taking immediate remedial action in these areas. I also welcome the continuing positive trend in the number of robberies of an establishment or institution, down 26.5%, for example, and robbery of cash or goods in transit, down 35% during the year.

I am determined to ensure the Garda Síochána is provided with the necessary personnel and equipment. For this year I secured a Garda budget of over €1.6 billion. This is an unprecedented investment in policing and represents an 11% increase on the budget for 2007. With regard to the number of members of the force, the Government commitment to increase Garda strength to 15,000 by 2010 remains on target.

Is it not a fact that the number of murders was up, according to the CSO, by 30% and the number of attempted murders by 61%? There are statistics, lies and damn lies.

The Minister stated properly that he wanted to extend his sympathy to the families and friends of the two young men murdered in the past ten days and I join him in so doing. He then proceeded to say, also properly, that it would not be appropriate for him to comment further. Is it not the case that he has elevated to the level of policy a virtue of not commenting, unlike his predecessor, whenever a tragedy such as this happens? Unfortunately, one happens every weekend. The Minister, however, does not comment. What has he to say to law-abiding citizens fearful for their personal safety because of gangs of teenagers congregating with menace and intimidating them with a garda nowhere to be seen or found? What kind of sickness is in our society when law-abiding citizens are fearful of these gangs of marauding teenagers who gather with menace outside off-licenses, etc?

What has the Minister to say to the parents of young people going out at night and who are fearful that they might accidentally become the next victim of such gangs of youths because they are in the wrong place at the wrong time?

Deputy Rabbitte began with homicide and I very fairly accepted there was an increase in the number of homicides last year but I pointed out that there was a reduction in the number of gangland homicides in which firearms were used. There was an overall increase in the homicide rate last year, as Deputy Rabbitte pointed out, and there are wider social trends in operation here. A substantial number of killings stem from domestic violence and that is why Cosc was established in my Department as an executive office, namely, to give greater priority to the issue of domestic violence.

Deputy Rabbitte then asked the obvious and salient question about commenting on current cases. I comment on criminal incidents in a general sense. However, I do not comment in detail on the facts of a case when charges have not even been preferred, as is the case in regard to the incident which happened in recent days in Drimnagh. I deplore the phenomenon Deputy Rabbitte outlined of marauding youths intimidating neighbours and residents lawfully going about their business.

We have allocated a very substantial budget to the Garda Síochána which stands at €1.6 billion this year. The attested strength of the Garda is 13,732 with a further 1,310 gardaí in student training, which is a record number. We are determined to ensure they are deployed to maximum effect in dealing with these gangs. There is a panoply of legislation in operation. I have established an alcohol advisory group which will report quickly and will result in legislation to introduce further curbs on the availability of alcohol which is a major factor in the public disorder to which Deputy Rabbitte referred.

Is it not the first duty of Government to ensure citizens feel safe walking the streets and in their homes? That is not the case at present. It is all very well for the Minister to say he condemns the public disorder but it is not very reassuring for parents who are concerned when their young son or daughter goes out at night whether they will come home without being the victim of an incident.

I am not asking the Minister to comment on a particular incident but I am saying to him that everybody except the Government knows this phenomenon of youths loitering with intent intimidating law-abiding citizens is everywhere in urban Ireland. There is a malaise in our society. That a person cannot even resort to a garda when circled by young thugs is the responsibility of the Minister. Despite the figures he quoted about the number of gardaí, there is no visible evidence of gardaí patrolling trouble spots such as this.

The gardaí are exceptionally visible on the ground and in recent weeks, I arranged for an allocation of further resources to ensure additional bicycles are provided to the Garda Síochána to maximise its visibility and presence on the ground in areas troubled in the manner Deputy Rabbitte described.

Presumably, the Deputy is referring to recent reports regarding the number of prisoners testing positive for drugs in our prisons. In regard to the figures published, some of them relate to the use of drugs immediately prior to committal. The length of time prisoners were in custody before being tested was not recorded, so a precise breakdown of such cases cannot be given.

It should also be noted that the power to take random mandatory drug tests of prisoners only came into existence in October 2007 when the new prison rules came into operation. Prior to that date, drug testing had been primarily targeted at prisoners with a known history of drug misuse. The figures should not be seen as an indicator of drug misuse across the wider prisoner population.

Nevertheless, the level of positive tests among prisoners is a cause for serious concern. The policy and strategy of the Irish Prison Service to keep drugs out of prisons aims to eliminate the availability of illicit drugs within prisons with tighter control and monitoring of prisoner visits and committals in all closed prisons; greater use of screened visits; increased random searching of cells and their occupants; use of modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities; use of phone detectors and phased installation of telephone blocking technology.

I would also like to advise the Deputy that a number of new security initiatives will shortly be introduced in all closed prisons. These include the establishment of a drug detection dog service within the Irish Prison Service involving 30 handling teams; and the establishment of an operational support group dedicated to developing expertise in searching and gathering intelligence on illicit material being hidden inside our prisons. They will be available in addition to the normal prison staff and can target specific security problem areas.

The physical design and urban setting of some of the State's older prisons, such as Mountjoy, does not assist in combating the inflow of drugs. The proposed new prison at Thornton Hall in County Dublin addresses this deficiency by the creation of a cordon sanitaire around it.

Drug treatment services to prisoners are also being significantly enhanced through the development of new services and programmes.

Additional information not given on the floor of the House.

These services are being delivered by the Irish Prison Service in partnership with community based services and contracted private services and supported by additional staffing for prison based drug treatment teams — for example, an addiction counselling service which is being provided by Merchants Quay is, in conjunction with other developments, delivering nearly 1,000 hours per week of prisoner access to addiction counselling.

There are also currently drug free units in Wheatfield Prison, St. Patrick's Institution, Castlerea Prison and Mountjoy Prison. There is a detox programme in operation in Mountjoy. Allied to this the training unit, Arbour Hill, Loughan House and Shelton Abbey are regarded as drug-free institutions. I am committed to ensuring that the Irish Prison Service continues to take all measures necessary to deal with this issue.

Notwithstanding the Minister's lengthy reply, I put it to him that this is one aspect of Government policy which has been a complete failure. Promise after promise by the Minister and his predecessor over the years that our prisons would be drug free ring hollow in the context of the recent figures. I put it to him also that security in our prisons in terms of access to them is in some way deficient having regard to the fact that in recent weeks, members of the public could freely walk into two different prisons. That is a further example of security in our prisons being less than satisfactory.

What is needed is airport-type security with screens, radar detectors and sniffer dogs to ensure we can bring an end to a situation where many prisoners have greater drug problems leaving prison than they have when they enter them. The Government's national drugs strategy's critical implementation path promised the appointment of an independent evaluator in 2007 but this has not yet taken place. When will such an appointment be made? Is the Minister satisfied there is sufficient security in our prisons because the present situation is totally unacceptable?

I assure Deputy Charles Flanagan that the dogs are on the way and the handlers are being trained. I am not aware of what promises I have made in this area but I very much believe in action. I will supply the Deputy with the information about the evaluator, but on my appointment I found I did not need an evaluator to tell me about the extent of this problem. I went to Government and got a decision to take a number of practical measures needed to address it. Those measures are now being implemented. I hope they will work given time. They involve much tighter control and monitoring of all prisoner visits in all closed prisons. Deputy Charles Flanagan and other Deputies will be aware this led to some industrial relations difficulties before Christmas but I am glad to say they have been resolved.

They also involve new visiting arrangements in most closed prisons with visitors required to be preapproved by the governor and required to prove identification on each visit; increased random searching of cells and their occupants; airport-type security to which Deputy Flanagan referred; the introduction of modern cameras and probe systems to search difficult areas; the introduction of enhanced security screening for all persons — visitors and staff — entering the prisons; the establishment of the drug detection dog service to which I referred; and the operational support unit which will operate outside the existing Prison Service staff, subject to a governor in each prison. It will operate as a separate intelligence unit, gathering information in this area and targeting those responsible for the illicit supply of drugs into prisons.

Does the Minister accept that the screening arrangements relating to visits are insufficient to counter the passing of illegal substances — namely, drugs — between visitors and prisoners? Will he consider introducing, in respect of certain visits, physical screens between prisoners and visitors? Having regard to the seriousness of this problem, perhaps consideration could be given to ensuring that prisoners dress in a form of clothing that does not contain pockets, pouches or other areas in which drugs may be secreted. It is entirely unsatisfactory that prisoners engaged in detoxification are not segregated from those who are freely taking drugs. This is part of the problem. There is an entire drugs underworld in our prisons that is not being dealt with in an adequate manner.

Enhanced security screening is part of the plan and it will be introduced in closed prisons to ensure that the easy passage of materials such as those under discussion ceases. On the matter of detoxification, not only in respect of those addicted to drugs but also for those addicted to alcohol, it is important — I have considered this matter in the context of Thornton Hall — to provide separate facilities for those affected in order that they can have a real opportunity to kick the habit while they are incarcerated.

As the Deputy is probably aware, leave to remain in the State is predominantly sought by non-European economic area nationals who do not have a separate legal basis for being here. In the great majority of cases, applications of this nature are lodged by persons who have claimed asylum and who have had their applications finally rejected. They are also made by persons who have otherwise become illegal in the State through, for example, the expiration of a visitor visa or a work permit.

Applications for leave to remain in the State are founded on the provisions of section 3 of the Immigration Act 1999, as amended. Under these provisions, persons who have no legal basis for being in the State are afforded the following options: to leave the State voluntarily; to consent to deportation; or to submit, within a period of 15 working days, written representations to the Minister for Justice, Equality and Law Reform setting out the reasons they should be permitted to remain temporarily in the State. The majority of persons faced with these choices opt for the latter and submit, or have submitted on their behalf, written representations in support of their applications for permission to remain in the State.

As the Deputy will appreciate, all such applications must be considered on their individual merits. As provided for under section 3 of the Immigration Act 1999, as amended, a range of factors must be examined. The consideration of each application also involves an examination of the position of the applicant with regard to section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement.

The consideration of each application is a resource-intensive process for staff working in the Irish naturalisation and immigration service, INIS, of my Department, particularly when one considers that many applicants will, separately, have had asylum applications examined by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal and may also have submitted applications for subsidiary protection. The Deputy will appreciate that this multi-layered approach to bringing individual cases to finality is not resource efficient. That is why a single procedure is envisaged in the Immigration, Residence and Protection Bill 2008, which is currently before the House.

The sheer volume of such applications, and the reality that resources are not unlimited and must be prioritised, means that there will always be a backlog.

Additional information not given on the floor of the House.

However, the Deputy can rest assured that strenuous efforts have been and continue to be made to ensure that applications are processed as promptly as possible. Additional staff have been deployed to the area and considerable investment has been made in the development of technology required to support the processing of such applications.

The Deputy will appreciate that these efforts will enable the INIS, in the coming year, to make further significant progress in finalising leave to remain applications. I am satisfied also that the provisions set out in the Immigration, Residence and Protection Bill 2008 will greatly streamline the means by which applications of the nature referred to by the Deputy are processed to finality.

The vast majority of leave to remain applicants are either failed asylum seekers or have appeals that are ongoing. Is it not extremely questionable that people are obliged to wait, literally for years, in asylum accommodation centres? These individuals have nothing to do all day and this is costing millions of euro in taxpayers' money. In some cases, it takes up to seven years before a decision is made on a leave to remain application. Is that an appropriate system?

What specific steps does the Minister intend to take in order to address the problems that exist? While the system may be resource intensive, it is also creating additional pressures in the context of the cost of accommodation, etc. Is it not the case that by putting in place investment to allow those responsible to deal expeditiously with applications, we would save money in the long term?

I completely agree with the Deputy. That is why the Immigration, Residence and Protection Bill is before the House. The only way to deal with this matter is to put in place a single procedure in respect of applications of this nature. That is why it is of great importance that the legislation should be enacted as soon as possible.

It is regrettable that many persons are obliged to live in refugee accommodation for substantial periods. However, in addition to the three stages I outlined in my initial reply, there is also a constant recourse to the courts by way of proceedings for judicial review to impugn decisions that are taken in this multi-layered administrative process. If, at the end of the process, a person has exhausted his or her entitlements under the different statutory provisions and I decide, in the exercise of my discretion, that it is appropriate to make a deportation order, that, in turn, is often impugned before the courts. The new legislation will address many of these issues and will allow us to proceed on the basis of a rapid turnaround in respect of cases of this nature, which is what is required.

In the context of saving taxpayers' money in respect of the cost of accommodation, what is being done to deal expeditiously with those applications that are on hand while the Houses deal with the legislation? What will happen to existing applications when that legislation is enacted? It will not be possible to consider the various facets because they will already have been dealt with by parts of the system. The reason many of these cases come before the courts is that, as highlighted by the Supreme Court, we do not have a clear and transparent system in respect of the Refugee Appeals Tribunal.

Some 49 staff members are involved in examining applications for permission to remain in the State and for subsidiary protection. I am not aware of any comments made by the Supreme Court in respect of the Refugee Appeals Tribunal. The debate on the legislation before the House will give us the opportunity to consider the tribunal, which will become the protection tribunal, and how it can be established in a way that ensures consistency, clarity and protection of both the public interest and of the interests of those who are genuine asylum seekers.

What about existing applications?

We must proceed to the next question.

Under the Garda Síochána Act 2005, it is open to me to set policing priorities for the Garda Síochána. One of the priorities I have set for 2008 is to combat, particularly in co-operation with other agencies and the community generally, the problems of public disorder. I specified that there should be particular emphasis on alcohol related behaviour, including under age drinking, and socially disadvantaged communities.

Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. Furthermore, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. In particular, it provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

I share the view, however, that we have a problem with our patterns of drinking in this country. It is clear that this problem is adding to public disorder. I have asked the Government alcohol advisory group, which was established at the beginning of the year, to urgently examine key aspects of the law governing the sale and consumption of alcohol, including those directed towards combating excessive and under age alcohol consumption. I have asked it to report to me by the end of this month.

The Criminal Justice Act 2006 enacted provisions to combat anti-social behaviour by adults and children. These set out an incremental procedure for addressing anti-social behaviour by adults and children. A significant number of behaviour warnings have been issued under the legislation — 445 behaviour warnings to adults up to the end of January and 131 to children.

In addition to the criminal law, there is a range of initiatives in place to get at the root causes of this type of behaviour. The Garda juvenile diversion programme has proved highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. Under the provisions of the Children Act 2001, the programme has a statutory basis.

Garda youth diversion projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. There are 100 projects operating throughout the country and it is intended to establish a further 68 projects in the lifetime of this Government, bringing the total number of projects to 168 nationwide.

Additional information not given on the floor of the House.

More broadly, a number of reforms have taken place in recent years to bring about a more effective youth justice system and these have been enshrined in legislation in the Children Act 2001, as amended. The Act is based on the principles of diversion from crime and anti-social behaviour, restorative justice, the expanded use of community-based sanctions and measures by the courts.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and senior Garda officers, with the participation of Oireachtas Members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area. Issues of public disorder will be high on the agenda of such committees. There are 29 committees in operation in a pilot phase to gain experience rolling the committees out to all local authority areas in the State. In general, the outcome to date has been positive and the committees are meeting definite local needs.

Following a consultation seminar last November, work is under way on revising the guidelines under which the committee operates in the light of the experience gained to date. Following consultation with my ministerial colleagues, I intend to issue revised guidelines to enable the roll-out of the committees to take place as soon as possible, which I envisage will be in the middle of this year.

The most urgent project for the Minister to consider is adequate policing in the area. The Minister is aware that the recent horrific murders in Drimnagh prompted the community to say that there was a perceived lack of community gardaí in the vicinity. Had they been in the area the type of problem that faced the people of Drimnagh may not have occurred.

What is happening in regard to the rolling out of the 2008 national scheme for community gardaí that the Minister has promised numerous times? What does the Minister mean by community policing? Does he mean a garda working and living in the community and that there would be appropriate incentives for the garda to live in the community rather than drive in every morning and home in the afternoon? Would the Minister consider Fine Gael's proposal that there be a specific grade of garda, the community garda, whose job would be to police the area in conjunction with the community and who would be charged with the task of building the community's confidence and trust in the Garda Síochána? Why is progress on this matter so slow that only 4% of target areas have been included?

What is the problem with anti-social behaviour orders, ASBOs? Is the Garda Síochána reluctant to engage in the kind of policing that can give rise to an anti-social behaviour order? Why have only one or two been granted since the scheme was initiated over a year ago?

The Commissioner visited Drimnagh and was satisfied that there was an adequate number of community gardaí on duty in that area. They represent 4.6% of the total strength of the force and the total number of personnel attached to community policing is 630. Those gardaí perform the duties as defined by Deputy Charles Flanagan, but, in a sense, every garda is a community garda, coming into contact with the community in his or her district in many different ways and ensuring the prevention of crime and the protection of neighbourhoods. That is fundamental. Community policing involves more than a single unit within the Garda Síochána. All gardaí have a role to play in addressing community policing issues.

I agree with the view of the Garda inspectorate, expressed in a recent report, that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland. A review of community policing is under way but community policing is not confined to community policemen.

Many anti-social behaviour orders have been issued. Much of the more serious anti-social activity already falls within the rubric of a defined criminal offence and can be dealt with under the public order legislation, as required. The graduated approach envisaged in the legislation is the right one and gives the gardaí an opportunity to ratchet up the pressure to conform on the person who is responsible for anti-social behaviour.

The time for Priority Questions has expired. We must, therefore, take Questions Nos. 90 to 92, inclusive, in ordinary time.

The latest available figures show that there are 630 members of the Garda Síochána assigned to community policing, compared to a total attested strength of 13,755. This represents 4.58% of the total strength of the force. As with any large organisation, these figures can fluctuate from day to day, for example, due to promotions, retirements and transfers.

While this is the number of gardaí specifically assigned to community policing, all gardaí have a role to play in addressing community policing issues. In that sense, community policing involves far more than a single unit within the Garda Síochána and I agree with the view of the Garda inspectorate, expressed in its most recent report, that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland.

It is the responsibility of the Garda Commissioner to decide on the prioritisation and allocation of resources within the force. Against this background, he is reviewing arrangements within the Garda Síochána for community policing. I welcome this and I look forward to its outcome and to hearing what the Commissioner proposes for the future development of community policing.

Is it not the case that when the Minister says every garda is a community garda we are engaged in a dialogue of the deaf? That is not what community policing means. It is not what the inspectorate meant when it commented on the desirability of community policing. It is to do with the visible presence of gardaí patrolling, talking to people they know and living in the community. That is not happening. That the Minister can say that 4.5% of the manpower is allocated to community policing suggests that there is no commitment to the philosophy of community policing to which the Minister pays lip service.

There is no special tangible arrangement for a grade of community garda and no evidence that residents in communities that suffer from anti-social behaviour and other kinds of low level crime — nonetheless injurious for that — are able to access a garda when they need one. The time has come for a complete reorganisation and reorientation so that there is an adequate number of gardaí on bikes or foot patrol, getting to know the people and their problems in a community. A community garda will be the first to be called off his or her usual duty and reassigned to something else.

Where community policing works it is an almost unmitigated success, according to the people, the residents' associations and the gardaí, but the Minister cannot get away with the semantic proposition that every garda is a community garda. Is the lack of success of the civilianisation programme in which hundreds of gardaí are behind desks community policing because they interface with the public? Are gardaí dealing with traffic offences or those in the serious crime unit community gardaí because they interface with some members of the public? There is no commitment in the Department of Justice, Equality and Law Reform to true community policing, as expressed in many international documents and as supported by the Garda inspectorate here.

There are gardaí in specialist units, whether involved in security, serious crime, national immigration bureau or plain clothes work, who are not publically visible. The gardaí who are visible are not restricted to the category of community policeman. It is not the case that only gardaí on patrol or on bicycles are community policemen. The presence of gardaí in the community is not solely or exclusively dependent on community policemen. That is an incontestable fact.

I do not wish to have a "dialogue of the deaf" but I do wish to point out that community police perform an extremely valuable role in accessing local intelligence and liaising with local residents, but many of these problems are well identified and require a stronger and more vigorous Garda presence so they can be tackled than a solitary community policeman. They also require the deployment of far more substantial resources than a community policeman.

It seems from the Minister's successive replies on this issue that his concept of the community garda is somewhat less than international best practice would advise. In the circumstances there is no great change in what we are looking at, other than a label. To my mind, that is wholly insufficient to meet the needs of modern communities. The Minister adverted earlier to the fact that one of the major impediments to community policing — adding to the type of anti-social behaviour which is rampant throughout the country — is the widespread availability of alcohol. The link between anti-social behaviour in communities and alcohol deserves urgent consideration on the part of the Minister. Notwithstanding the ministerial reviews he has announced, will the Minister confirm to the House that the current review and forthcoming report will be treated more seriously by him and his Department than its predecessors under the chairmanship of Dr. Holmes? I invite the Minister to——

I am trying to facilitate two more Deputies.

——commit to the House to take steps to restrict the number of outlets. In 2007, we saw 637 new off-licences.

We have strayed beyond the terms of this question.

The previous year there were 547 new off-licences. No wonder we have a problem in communities, and a situation whereby crime and drink are causing major concern.

I agree with Deputy Charles Flanagan. I have not instituted any reviews, plural. I have instituted a review and it is short and focused. It ends at the end of this month and——

That will be the most unusual review ever.

——it will eventuate in legislation which will address this problem. I am anxious to get that legislation through the House before the summer and I hope I can receive the co-operation of the different parties in the House. We are not going to be able to deal with all the problems in a short Bill to be enacted before the summer, but we can at least begin to address the problem. I am not convinced the problem, given its scale, can be tackled by one Bill put through the House before the summer.

As regards the previous work——

Is the Minister dampening expectations? That is not what he said at Christmas.

I am not, and I am very open to any proposals the Opposition may wish to bring forward as well. However, as regards Dr. Holmes's previous studies, on my appointment as Minister he contacted me and expressed specific concern that in his earlier work the terms of reference did not permit him to address the issue of the harmful effects of alcohol in the context of any review of legislation. One thing is very clear and that is——

The Minister is straying from the terms of the question.

——that further extensions in the opening hours for licensed premises or the establishment of café bar type arrangements would be quite disastrous in this context.

The question is on community policing. I wanted to bring in Deputies Aengus Ó Snodaigh and Andrew Doyle very briefly.

I met a chief superintendent recently and he said that——

The Deputy should please ask his question.

——the number of gardaí dealing with traffic is ringfenced. Would the Minister consider ringfencing the number of gardaí on community policing, given the value he placed on this initiative in his contribution earlier? The number should be ringfenced and encouragement given towards preventing the high turnover in community police.

It goes without saying that all gardaí have responsibility towards the communities they service. The vision I have of a community policeman is someone who is highly visible, and uses the media almost the same way that politicians do, so that he or she is known right throughout the town or district concerned. He or she must be seen in many clubs, handing out prizes. Instead of being reactors, they should be preventers of crime taking place and work with the social services much of the time. Does the Minister intend to provide any guidance to the Garda as regards a specific definition of community policing? It is loose at the moment. To say that all gardaí are community police is diluting the term, which needs to be more focused.

I agree with Deputy Doyle and that is why the Commissioner is undertaking this review — to arrive at a more precise definition of the responsibilities of the community policeman.

As regards Deputy Ó Snodaigh's point concerning the ringfencing of traffic gardaí, many countries have a separate traffic corps. In this jurisdiction, my predecessor maintained — I agree with him — that it is valuable to have the traffic corps as a direct part of the Garda Síochána. It requires a separate dedicated assignment of personnel, however. It is not desirable in other matters to have too rigid a division between community policemen and gardaí in local stations. All of them exist to serve the community in the prevention, investigation and detection of crime.

I am informed by the Garda Commissioner that, as of 28 February 2008, there are 3,377 members of the Garda Síochána who are competent in the use of firearms and who are authorised firearms card holders. This includes members of specialist units such as the special detective unit as well as a percentage of uniformed gardaí. A Garda working group on firearms training recommended that not more than 10% of the uniformed divisional strength, in addition to the detective branch, should be authorised or trained in firearms. This enables high standards of training to be focused first and foremost on those members attached to units which are engaged in the investigation of serious crime and who are available when required.

An Garda Síochána has just taken delivery of a dedicated firearms training range at the Garda College, Templemore. This is an indoor four-lane modular live fire range. A second similar indoor four-lane modular live fire range is being installed in Dublin and it is envisaged this range will be operational by April 2008. These prefabricated modular firearms ranges are newly designed products and will facilitate live fire shooting for up to four persons in a carefully contained environment which adheres to all range safety requirements.

In April 2007, Chief Inspector Kathleen O'Toole said she was frightened at the resources available to members of the Garda Síochána, in terms of firearms and protective clothing. Has that situation improved? She gave a particular incident to which gardaí were called where a person was using a serious weapon outside his own house. In the event, the gardaí turned up with just a Smith and Wesson revolver to deal with the situation.

Will the Minister assure the House that firearms and bullet-proof vests available to the Garda Síochána are of an approved standard? Is he satisfied that sufficient numbers of gardaí are competent in using firearms?

The fundamental question asked by the Deputy related to training. I have outlined in my answer the new initiatives which have been taken to ensure training in the use of firearms is first-class. I have looked at the facilities available in Templemore and I am satisfied they are of the highest standard and will ensure that the continuous training which the Garda Síochána requires in this area will be provided. That is a major improvement on the position commented on by the chief inspector. As regards the particular weapons that may be used by the Garda Síochána, that is an operational matter for the Commissioner. I will be guided by him as regards what is required to ensure the force is effective.

As regards the arrangements made to provide protective body armour, at present two types are in use by the Garda Síochána. All detectives are issued with protective vests that have bullet and stab-proof properties. Uniformed personnel are issued with protection vests, which incorporate bullet and stab-proof properties.

I welcome the Minister's statement that the facilities have been upgraded. Is the Minister confident there are sufficient trainers available as well as the equipment and ammunition for members of the Garda Síochána to train in firearms use? Has the Commissioner brought to the Minister's attention the desire for additional weaponry for the Garda Síochána and what steps are being taken to ensure gardaí, as appropriate, have proper training in all the weapons currently issued to the force?

As I indicated in my reply, I am satisfied with the training arrangements as regards the use of firearms. On the supply of further weaponry, I will be guided by any requests made by the Commissioner in that regard.

I asked whether the Commissioner made any requests.

Not to my knowledge.

The firing range at Garda headquarters was closed down in 2005, after which the Garda had to rent one. Is the Minister confident that the standard of training has been maintained since 2005 given that he has revealed that a specialist training range has only just been delivered?

I am confident that every effort was made in the interim to maintain a high standard. The new provision in Templemore is of an excellent standard and similar provision will be available in Dublin from April of this year.

I have been informed by the Garda authorities that the organised crime unit was established on a temporary basis in November 2005 to actively target organised criminal gangs. It was initially established with officers seconded from various units. In January of this year, the unit was established on a permanent basis and full-time staff have been assigned to it. This new status has been awarded to the unit given the successes it has enjoyed over the past two years and in the light of the significant threat which continues to be posed by organised crime.

In order to disrupt organised criminality, Garda operations are regularly put in place targeting both individuals and members of organised crime gangs who are suspected of involvement in criminal activity. An Garda Síochána will continue to use intelligence-led operations against selected targets. The success of operations such as Oak and Anvil are examples of recent Garda successes.

The organised crime unit is being led by an officer at superintendent rank. This officer reports to the assistant commissioner in charge of national support services via the chief superintendent in charge of the National Bureau of Criminal Investigation. The unit currently operates with a staff of 70 members. The allocation of this number of gardaí allows the unit to operate effectively against criminal gangs, and to carry out intelligence-led operations targeting their criminal activities. The Garda Commissioner is keeping the strength of the unit under review, particularly as extra gardaí become available as the strength of the force increases.

It would be a mistake for anyone in this House to assume that the 70 staff in the new organised crime unit comprise the only resource working to combat organised crime. The Garda Commissioner utilises all of the resources available to him, whether they are from the specialist units, regional divisions or local police stations to address this problem.

Additional information not given on the floor of the House.

The new unit will continue to work closely with the other specialist units, including the Garda national drugs unit, the National Bureau of Criminal Investigation, the special detective unit and the emergency response unit in targeting those suspected of involvement in organised criminal activity. The new organised crime unit has already been successful in identifying, profiling and targeting suspects associated with the main criminal gangs. A number of organised crime groups have been targeted in this manner recently, on foot of which firearms have been recovered and drugs seized. This has resulted in a number of people associated with these groups being prosecuted and convicted before the courts.

The Garda Commissioner and other senior gardaí will continue to monitor circumstances as they develop to ensure that the resources available to tackle particular problem areas are sufficient and appropriate.

I tabled this question because I support the Minister and the Garda Commissioner in establishing the specialist crime unit. The Minister stated the unit was established on a temporary basis last November. Is it now permanent? Is it based exclusively in Dublin and are the members from other parts of the country? From what other sections of the Garda were personnel transferred to the unit? Does the unit share personnel with the drug squad, bearing in mind that drug trafficking is the genesis of much of the serious crime in the country? Will the Minister state whether drugs are a main focus of the specialist crime unit?

The unit was established temporarily in November 2005 and it was in this year that it was decided to establish it on a permanent basis. Officers were seconded from various units. While the detection of drugs offences is a principle responsibility of the unit, it is not the only one. Organised crime takes other forms also, including, for example, the acquisition of firearms. The unit is constantly addressing the procurement of firearms. Systematic burglaries and other types of organised crime can be targeted by the unit.

Written Answers follow Adjournment Debate.

I thank Deputy Crawford for allowing me to speak first. A staff member of the New York Blood Centre was in public with a laptop containing the records of donors to the Irish Blood Transfusion Service, IBTS. That person was mugged, his laptop taken and all the records have disappeared. The manner in which these things happened is weird and wonderful. There is a touch of James Bond about this but one has to ask why the disc was encrypted and put on a laptop. The purpose of a laptop is ease of transport for use in a variety of areas. Why was the laptop brought into the public domain in New York and what actually happened? It occurred, as I understand it, on 23 October 2007 but seems to have been kept quiet until the new year. Why was this information only recently made public?

Tens of thousands of Irish citizens gave blood in good faith, in the expectation that all the information they supplied, personal details of their names, addresses, dates of birth and blood types, would have been confidential and would not enter the public domain in any way. The people whose confidential information was lost in that mugging received a letter from the IBTS, explaining in a technical fashion the method of encryption, the process that occurred and why the IBTS set up an agreement with the New York Blood Centre, but it does not explain why the information was on a laptop. Why was it not sent in a more confidential fashion? Why was it sent at all? The IBTS said it wanted to provide the best data control system available and therefore it employed the services of the New York Blood Centre. Why did it not bring an expert to Ireland? It beggars belief that anybody from the IBTS in his or her right mind would take a disc with all that information, transfer it to a laptop, put it surreptitiously in his or her luggage and carry it around the streets of New York where he or she was mugged. In Britain recently a large volume of confidential information that had been stored also got into the public domain. We do not know what will happen to that.

The IBTS says the information was securely encrypted and that it would be impossible to break the code. It may be impossible to break it but it is not impossible to find it. Where was the code? Was there a password, was it in somebody's head or written down in any way? We do not know the answers to those questions or what might happen to that information in the future.

Will the Minister of State tell us in the first instance why it took so long for the IBTS to make this common knowledge and to write to the people concerned? The mugging took place on 23 October 2007 but the letters were not sent out until 22 February 2008. Will the Minister of State give us the up-to-date information on what has happened so far in respect of the investigation and whether there is any prospect of retrieving the information?

I welcome the opportunity on behalf of the Minister for Health and Children, Deputy Harney, to address the issue raised by the Deputy and to set out the current position on the theft of a laptop in New York containing Irish blood donor records. The Irish Blood Transfusion Service, IBTS, entered into an agreement with the New York Blood Centre, NYBC, for the provision of a data query tool on 23 October 2007. The tender was carried out in compliance with EU procurement rules. The NYBC was the successful tenderer. The IBTS entered into a five-year licence, services and support agreement with the NYBC. The purpose of the data warehousing and reporting tool being developed in conjunction with NYBC is to improve the existing IBTS blood banking computer system, Progesa, in order to provide a better service to its donors and clients. Under the terms of that agreement, the IBTS exported data on CD from its Progesa system. The data was encrypted using a 256 bit key encryption, prior to export on a CD.

On 7 February, an NYBC employee was carrying a laptop to enable him to continue to work on the data outside office hours. The employee was mugged and the laptop stolen.

The IBTS is very conscious of its obligations under the data protection Acts to take appropriate security measures against unauthorised access to, or unauthorised alteration, disclosure or destruction of data. In this instance, the IBTS is confident that it has complied with these obligations by virtue of the robust security measures taken by the IBTS and NYBC. They both consider that the risk of any person being in a position to bypass password controls and decrypt the data is extremely remote.

The IBTS informed the Data Protection Commissioner on the next working day after the theft, 11 February 2008, of the details of the case and the commissioner has been in regular contact with the IBTS, which has co-operated fully with the investigation. The commissioner has noted publicly that the IBTS had a legitimate reason to send the data out of the country, that it had taken its responsibilities to donors and clients seriously and that the information had been securely encrypted.

The Data Protection Acts specifically exclude disclosure to employees or agents. It was agreed between the parties that the NYBC would act as an agent of the IBTS for the purposes of the agreement. Therefore, as an agent of the IBTS, the disclosure of personal data to the NYBC does not constitute disclosure within the meaning of the Acts. At no time were these records ever unencrypted and the IBTS will continue to take every measure to protect the personal records of donors.

The IBTS has contacted all 171,324 donors affected directly to assure them that the data was protected by state of the art encryption. It has provided an information line to donors who were concerned about the data loss and since this matter became public, the IBTS has dealt with over 3,000 calls as well as many letters and e-mails from concerned donors. These donors were from all over the country.

The Minister is satisfied that in this case the IBTS acted appropriately and has taken, as confirmed by the Data Protection Commission, all reasonable steps to safeguard the confidentiality of its donors.

Tá áthas orm deis a bheith agam an cheist thábhachtach seo a thógáil ar an Athló. Tá lúcháir orm go bhfuil an t-Aire é féin anseo chun éisteacht leis an méid atá le rá agam agus, b'fhéidir, freagra deimhneach a thabhairt a thabharfaidh misneach do muintir na Gaeltachta. Ar ndóigh, baineadh geit as gach éinne Déardaoin seo caite nuair a d'fhogair lucht Iasachtaí Críonna go raibh siad chun a gcuid monarcha a dhúnadh sna Ghaeltachtaí uilig, ó Ghaoth Dobhair i mo chontae féin, Dhún na nGall, siar go Maigh Eo agus síos go dtí an Daingean, i ndáilcheantar mo chomhghleacaithe, an Teachta Ó Síocháin. Tá 108 post caillte, beagnach 40 acu i mo dháilcheantar féin. Cuireann an dóigh inar láimhseáil an chomhlacht an fógra seo isteach go mór orainn mar ionadaí poiblí. Tháinig na hoibrithe isteach maidin Déardaoin cosúil le gach lá eile, ach ag 3.10 i.n. an lá sin dúradh leo go raibh an monarcha le dúnadh ansin. Bhí orthu dul abhaile gan teacht isteach riamh arís. Ní bhfuair siad fógra d'aon chineál — seachtain, lá, nó fiú uair a' chloig. Sílim gur droch-iompar amach is amach is ea oibrithe a thug seirbhís go dílis don tionscal a ligint chun siúil sa chaoi seo.

Caithfidh mé a rá go raibh dóchas mór againn uilig i dTír Chonaill nuair a bunaíodh an tionscal seo cúpla bliain ó shin. Tá mé cinnte go raibh áthas ar na Ghaeltachtaí eile nua-thionscal nach raibh bunaithe ar an ndéantúsaíocht nó an sean-tionscal traidisiúnta a fháil. Cheap daoine gur bánú lá úr don Ghaeltacht ab ea na tionscail seo, go dtí go bhfuaireamar an buille Déardaoin seo caite. Ní amháin go bhfuil mé ag caint faoi mo cheantar féin — Gaoth Dobhair, ar a bhfuil aithne maith ag an Aire, Chloich Cheann Fhaola agus na Rosáin. Tá mé ag caint freisin faoi oibrithe as cheantar Cill Chartha — Gaeltacht iar-dheisceart na chontae — os rud é go ndúirt an chomhlacht seo go raibh sé chun 120 post a lonnú ansin. Bhí an-obair déanta ag Údarás na Gaeltachta le bliain anuas chun monarcha a ullmhú don tionscal úr. Nuair a dhein an t-údarás suirbhé i gceantar Cill Chartha le bliain anuas, fuair sé amach go raibh 360 daoine óga ann ag feitheamh le fostaíocht. Ar ndóigh, nuair a tháinig an fógra seo Dé Déardaoin seo caite, ní amháin gur chailleamar na postanna ar fud na Gaeltachta, ach chaill muintir Cill Chartha an dóchas a bhí acu go mbeadh postanna ar fáil dóibh sa tsamhraidh.

I am delighted to have to opportunity to raise this matter on the Adjournment. Last Thursday's announcement by Contact 4 came as a thunderbolt out of the blue and resounded from Donegal to Dingle. One hundred and eight jobs were lost, 40 of which were in Donegal. They were wiped out in a flash without warning. Workers who reported dutifully for work, as usual, on Thursday last were informed at 3.30 p.m. that afternoon that their jobs were gone. No prior notice was given, nor was any indication of the impending doom. The staff were just shown the door in a most brutal fashion.

The announcement was a double whammy for Donegal. In addition to there being disappointment in Gweedore over the loss of 40 jobs, the residents of Kilcar, who were expecting Contact 4 to locate there this spring, with the promise of 120 jobs in three stages, are deeply disappointed. A survey carried out by Údarás na Gaeltachta in the Kilcar area in the past year found that 360 people in the locality were awaiting employment. Need I say more?

Donegal can ill afford the loss of these jobs. It already has the highest unemployment rate in the entire country. Coincidentally, a CSO survey issued last Thursday showed that the per capita income in Donegal is the lowest in the country. We all know there is a strong correlation between employment and income. The higher the rate of unemployment, the lower the income.

I appeal to the Minister, Údarás na Gaeltachta and any agencies available to retrain the workers, including FÁS, to redouble their efforts to replace the jobs as soon as possible. Jobs have been draining out of the county, not only from the Gaeltacht, le roinnt blianta anuas. I am delighted the Minister is present to respond, unlike some other Ministers, who do not have the time to take Adjournment debates. I ask him to address the needs of the workers to whom I referred. They are probably all the sole earners in their households. They have great responsibilities and must make mortgage repayments and meet the cost of their children's third level education. They are out of a job, have a bleak future and depend on the Minister and Údarás na Gaeltachta chun sólás a thaispeáint dóibh.

Ba mhaith liom buíochas a ghlacadh leis an Teachta McGinley as ucht an cheist seo a ardú agus deis a thabhairt dom soiléiriú a thabhairt ar chúrsaí maidir leis an gcomhlacht seo. Mar a léirigh mé sa ráiteas poiblí a d'eisigh mé ar 28 Feabhra 2008 nuair a fograíodh an drochscéal maidir le fostaíocht sa Ghaeltacht, is cúis imní dom féin agus d'Údarás na Gaeltachta aon phostanna a bheith á gcailliúint in aon tionscal Gaeltachta. Tuigim go maith an imní atá ar an Teachta agus ar gach éinne faoin líon postanna atá caillte le dúnadh an chomhlachta Contact 4. Tháinig an buille seo aniar aduaidh orainn ar fad, go háirithe na fostaithe nach bhfuair fógra leathlae féin fiú. Is trua linn uilig gurb amhlaidh a bhí an scéal. Tá a fhios agam go raibh a sheacht ndícheall déanta ag Údaras na Gaeltachta chun teacht ar chomhréiteach níos sásúla leis an gcomhlacht. Ar an drochuair, ní raibh rath ar na hiarrachtaí an uair seo.

Chuir príomhaí Contact 4 in iúl d'Údarás na Gaeltachta an tseachtain seo caite go rabhthas ag dúnadh na dtrí chomhlacht Gaeltachta atá ag feidhmiú i nGaoth Dobhair, in Acaill agus sa Daingean le feidhm láithreach mar gheall ar an titim thubaisteach ar an ngnó iasachtaí agus morgaistí a bhí mar dhúshraith ghnó ag an gcomhlacht sin. Cuireadh an cinneadh seo in iúl dom Déardaoin seo caite. Tuairiscíodh i nuachtán áirithe go raibh a fhios agam roimhe sin, ach ní raibh. Maidin Déardaoin — an lá a fógraíodh an cinneadh — a dúradh liom go raibh na gcomhlachtaí le dhúnadh.

Mar is eol dúinn uilig, thosaigh an cúngú sna margaí creidmheasa sa dara leath de 2007. Ó shin i leith, tá titim leanúnach tromchúiseach ní amháin ar líon na morgáistí atá ar fáil sna margaí airgeadais sin ach, freisin, ar na téarmaí agus na coinníollacha a bhaineann le morgaistí agus iasachtaí infheistíochta go ginearálta. Bhí Contact 4 ag feidhmiú mar bhróicéirí idirmheánacha sa mhargadh sin in Albain agus sa Ghaeltacht. Ag tús na bliana, bhíothas ag súil go dtiocfadh biseach ar dhálaí an mhargaidh ach is amhlaidh gur in olcas atá cursaí ag dul. Ar an mbonn sin, dúirt an comhlacht nach raibh de rogha acu ach gnó na gcomhlachtaí seo a scor. Mar thoradh chinneadh an chomhlachta, tá a bpost caillte ag 108 duine sna hionaid Ghaeltachta, idir 79 duine ar bhonn lánaimseartha agus 29 eile ar bhonn páirtaimseartha. Ó thaobh briseadh síos réigiúnda de, is 34 phost atá i gceist i nGaoth Dobhair — 26 lánaimseartha agus ocht páirtaimseartha. Is 36 phost atá i gceist in Acaill — 26 lánaimseartha agus deich páirtaimseartha. Is 38 bpost ata i gceist sa Daingean — 27 lánaimseartha agus 11 páirtaimseartha. Tuigim ó Údarás na Gaeltachta go bhfuil deontais dar luach €3 milliúin íoctha leis an gcomhlacht. Mar is iondúil, tá muirear ag an Údarás ar shócmhainní na n-ionad Gaeltachta chomh maith le barántais phearsanta agus mháthairchomhlachta. Anuas air seo, beidh plé ar bun idir an t-Údarás agus an comhlacht i rith na míonna seo romhainn maidir le dliteanas a bhaineann leis an gcúnamh Stáit sin.

Níl aon dabht gur buille trom é seo don Ghaeltacht ach caithfear a aithint go raibh na hionaid atá á ndúnadh ag feidhmiú go héifeachtach agus gur cúinsí taobh amuigh de smacht an chomhlachta ba chúis leis an gcinneadh atá déanta. Tá sé cruthaithe ag Údarás na Gaeltachta gur féidir leis infheistíocht nua-aimseartha sna seirbhísí airgeadais — earnáil a ghineann go leor fostaíochta san eacnamaíocht náisiúnta agus domhanda — a mhealladh go dtí an Ghaeltacht. Beifear ag féachaint le tógáil ar an dúshraith scileanna atá forbartha san earnáil sin. Ba mhaith liom aird a tharraingt ar chúrsaí fostaíochta i bpáirc ghnó Ghaoth Dobhair, áit a bhfuil breis is 750 duine fostaithe i gcliaint-chuideachtaí de chuid Údarás na Gaeltachta i láthair na huaire. Is dea-scéal é seo nuair a chuimhníonn muid go raibh an figiúr seo tite faoi 450 sa bhliain 2003, tráth ar cailleadh líon mór postanna déantúsaíochta ansin. Tá go leor infheistíochta á dhéanamh sa bpáirc ghnó seo, mar shampla fhorbairt áisleann Ghaoth Dobhar le lárionad ilfheidhmeach cultúrtha, pobail agus áineasa, ar chostas €8.8 milliún; áis súgartha, caitheamh aimseartha agus scíth a fhorbairt don phobal; agus staideár féidearthachta maidir le pictiúrlann, srl.

Sa cheantar máguaird tá forbairtí tábhachtacha eile ar bun, mar shampla, leathnúchán ar ionad seirbhísí mara agus turasóireachta ag cé Machaire Rabhartaigh, ar costas €1.1 milliún; cultúrlann le 450 suíochán ag Ionad Chois Locha i nDún Luiche, ar costas €2.1 milliún; agus, mar a fógraíodh le déanaí, ionad fiontair agus pobail nua i Rann na Feirste, a bheidh ag fáil tacaíochta ón Roinn Gnóthaí Pobail, Tuaithe agus Gaeltachta agus ón údarás. Chomh maith leis sin, dar ndóigh, tá ionad fiontair togtha ag Westbic i mBaile na Móna, Cill Charthaigh, ar chostas €1 milliún. Go hachomair, tá an t-Údarás dóchasach gur féidir malairt deiseanna fostaíochta a chur ar fáil i gceantar Ghaoth Dobhair sa ghearr go meántéarma ag éirí as tograí atá á bpróiseáil tríd an bpíblíne infheistíochta faoi láthair. Beifear ag díriú aird ar leith i rith na míonna seo romhainn ar thograí nua a aimsiú do cheantair Acla agus an Daingean freisin. Féachfar chomh maith le tionscadail oiriúnacha a aimsiú do cheantar Chill Charthaigh, áit a raibh sé beartaithe ag Contact 4 glao-ionad eile a bhunú níos moille i mbliana.

Mar fhocal scoir, is féidir liom a gheallúint don Teach go mbeidh mo Roinn ag tacú leis an Údarás sna hiarrachtaí leanúnacha atá ar bun aige chun fostaíocht a ghiniúint agus a dhaingniú sa Ghaeltacht. Sa chomhthéacs sin, tá os cionn €40 milliún curtha ar fáil ag mo Roinn don Údarás dá chlár gníomhaíochta sa bhliain 2008. Ní mór a chur san áireamh freisin go mbíonn airgead breise — suas go €10 milliún — ar fáil don Údarás óna chlár díolacháin sócmhainní le cur leis an tsuim seo. Tá mé dóchasach ón gcomhoibriú iomlán idir mé féin agus mo chomhghleacaí, an tAire Fiontair, Trádála agus Fostaíochta, an Teachta Martin, agus go deimhin idir an t-Údarás, IDA Ireland agus Enterprise Ireland, go mbeidh rath ar na hiarrachtaí atá ar bun le déileáil leis na dúshláin chun a chinntiú go mbeidh deiseanna fostaíochta fiúntacha inmharthanachta ar fáil do phobal na Gaeltachta. Mar is eol don Teachta McGinley, tá mé ag obair le tamall fada ar cheist na postanna i bhForas na Gaeilge atá le lonnú i nGaoth Dobhair. Cúnamh mór a bheidh ann don cheantar sin. Is é sin an chineál post nach n-imeoidh choíche. Mar is eol don Teachta, tá ag éirí go maith leis na postanna a chruthaíodh ar an gCarraig, bunaithe ar obair an Acadamh Ríoga. Creidim gur cheart go bhfaighidh na ceantair tuaithe a gcuid fhéin d'fhostaíocht an Stáit. Bíonn tionchar nach beag ag fostaíocht den shórt sin ar ceantair tuaithe ar nós Gaoth Dobhair.

Killarney House is an historical building, part of a French-style house which was home to the Earl of Kenmare. It was owned by the late Mr. John McShain, one of the biggest developers in America who redesigned the White House and built the Pentagon, who died in Killarney in 1989 and whose wife died in 1998. They bought this estate in the 1950s and bit by bit, from 1970, started gifting it, including thousands of acres, to the Government. There are many historic parts to it as well, including the monastic island of Innisfallen, Ross Castle and two of the lakes of Killarney.

Later, for a nominal sum, they handed over thousands of acres of woodland and pasture while retaining life tenancy of Killarney House. The last 21 acres were given to the State just two years ago. Sr. McShain, the sole child of John and Mary McShain, stated recently that her parents would be heartbroken that the house they loved and restored is now neglected and to see the paint peeling off the walls.

I tabled this matter because to the people of Killarney and Kerry, and to visitors, Killarney House is the body of Killarney. This house is falling asunder. The McShain's were given a commitment by the Government that it would be restored to its former glory and accessible to tourists and the public. It is a disgrace. It is shameful that this beautiful structure which was donated to the State has been allowed to decay and fall into ruin, especially in times of such affluence and prosperity.

The Minister has stated that he is committed to restoring the house. Given those words, I must ask how much money he will put into it and what he will do with it. My colleague for south Kerry, Deputy Healy-Rae, announced last week that he has been given a commitment that money will be spent on Killarney House. Nobody knows how much. Nobody knows what work is to be done. There are valuables from the house in paid storage at a cost of €70,000 a year.

There is a commitment by the Minister to restore the House. I want to know what that commitment entails. How much money is involved? What will it do? Will there just be another few dehumidifiers put into the House to keep the rising damp at bay? People want to know.

It was intended that the parklands and the house would be enjoyed and appreciated by visitors and locals alike and not let run into a state of ruin. In recent times it has been occupied by squatters. This has been disregarded by the Minister but it is fact. I spoke with people in the town hall in Killarney who confirmed that there had been squatters. It is a disgrace.

I and the people of Killarney and the surrounding areas want this house to become a heritage centre that would incorporate all matters of a historical and cultural nature relating to Killarney and County Kerry, the ancient monasteries of Innisfallen, Aghadoe, Muckross Abbey and Ross Castle. It could be an interpretative centre. We do not want merely to stop the rising damp and replace a few slates on Killarney House. I ask that the firm commitment will be honoured by adequate funding after the costing has been done to provide this interpretative centre for Killarney. It is in the heart of Killarney and it would really add to the core of the town.

A National Parks and Wildlife Service plan was drawn up a number of years ago, a copy of which I have seen. Such a plan should be fully costed and there should be public consultation on this issue. It is well and good to think that we have experts from NPWS, with all due respects, and from the Minister's office who can decide for the people of Killarney and of the country how Killarney House could be best used on behalf of the State. Following public consultation, the Minister should set up a task force that will come to a consensus on how Killarney House can best be used. He must provide the funding, not just for a few more dehumidifiers, but to bring the house back to its former glory, as Mr. McShain wanted.

I thank the Deputy for giving me the opportunity to discuss this important issue on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Gormley. As the Deputy may know, Killarney House was discussed on the Adjournment in the Seanad last week. I would like to place on the record of this House the details provided to the Seanad by the Minister of State, Deputy Batt O'Keeffe.

Killarney House and the greater part of the accompanying estate was sold to the State in 1978 by the then owner, Mr. John McShain, for a sum below market value, on the assurance that the house and the estate would be incorporated into Killarney National Park. As part of the sale agreement, the McShains had the use of the house and the surrounding 52 acres for their lifetimes. Mr. McShain died in 1989 and Mrs. McShain lived in the house until her death in 1998, when the use of the house reverted to the State, some 20 years after the sale.

The house is now the responsibility of the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government, which manages Killarney National Park. In the 2005-09 management plan for the park, the stated intention for Killarney House is to retain and preserve its integrity and character, both internally and externally, and to provide for visitor access to certain parts as appropriate, in particular the three main furnished reception rooms. Detailed specialist surveys commissioned by the Office of Public Works have made clear the need for significant infrastructural works, such as adequate plumbing, heating and electrical systems, before the house can be opened to the public. While Killarney House is, therefore, in need of repair before it can be opened as a fully functioning building to the general public, it is in a stable condition. It has been used for meetings of the national park liaison committee and for meetings between the Department and the trustees of Muckross House.

I assure the House that the Minister is committed to the development of Killarney House and the wider Killarney National Park, of which the house is an integral part. In the past five years, more than €5.5 million has been invested in the park, some €2.5 million of which was spent last year. A further €2 million will be invested this year. In addition, more than €1.4 million was spent in the past few years by the OPW on the provision of universal access at Muckross House, which, for the first time, gives those with a mobility impairment full and equal access to the house. Killarney House has also benefited from this investment. Following consultations with the OPW, essential works to avoid any deterioration to the fabric of the building have been funded by the Department. These works include the removal of plaster on the walls to prevent dampness, the provision of dehumidifiers in all the main rooms on the ground floor and other important trench and draining works. The golden gates and railings of the house have been restored, a security system has been installed and heating pipes and radiators have been upgraded. In 2007, the gate lodge at Killarney House was renovated for use as an assembly and information point for walking tours, at a cost of more than €250,000. The lawns and flowerbeds at the house are regularly maintained. Staff are employed to cut the lawns, trim hedges, plant and maintain flowerbeds, collect litter and carry out small maintenance jobs. I emphasise that contrary to recent media reports, there are no squatters at Killarney House.

I assure Deputies that the Minister is committed to ensuring that Killarney House fulfils its potential. To that end, he has asked his Department to work closely with all the appropriate State agencies to explore funding options. It will liaise with the Office of Public Works, in particular, to decide on a phased work programme for the house.

In the context of improving the efficiency and effectiveness of the Garda Síochána Ombudsman Commission, there have been ongoing discussions between my Department and the Commission to make certain procedural and technical amendments in the Garda Síochána Act 2005. Indeed, I met with the Commission late last year and I indicated my broad approval for the preparation of the necessary legislative proposals in that regard.

I hope to bring those proposals to the Government for approval shortly.

The Property Services Regulatory Authority Bill is currently being drafted and I intend to publish it as soon as possible this year. Because they provide property services, property management agents, together with auctioneers and estate agents, will be covered by the licensing system to be operated by the Property Services Regulatory Authority. The Authority is currently operating on a non-statutory basis but will be put on a statutory footing by the Bill.

As regards property management companies, the position is that the Law Reform Commission published a Consultation Paper on Multi-Unit Developments in December 2006. It identified a broad range of regulatory and other issues arising in relation to such developments, including problems relating to the structure and governance of property management companies and the manner in which company law currently applies to them.

The Law Reform Commission has indicated that it will publish, as soon as possible, its Report on Multi-Unit Developments which, following an extensive consultation process, will contain definitive reform proposals concerning the regulation and governance of property management companies. The Government has already directed that early action be taken by the relevant Departments to address the Commission's recommendations; the types of action to be taken will, of course, be dependent on the form that the recommendations take.

A high-level interdepartmental committee, under the chairmanship of my Department, comprising representatives of relevant Departments and Offices has been established to assist in the development of a coherent and comprehensive response to the problems arising in relation to multi-unit developments. A key task of this committee will be to identify the legislative and administrative actions to be taken in response to the Commission's recommendations and to determine a timescale for their implementation. This committee is reporting to a Cabinet Committee whose membership comprises the Ministers for Justice, Equality and Law Reform, Environment, Heritage and Local Government, Enterprise, Trade and Employment and the Attorney General.

Consideration of the issue of heroin misuse in Ireland needs to take place in the global context within which such misuse takes place.

The United Nations Office for Drugs and Crime estimates that 90% of the heroin which is consumed in the European Union originates from Afghanistan. The sharp increase both in cultivation and production of illicit opium poppy in Afghanistan, which in 2007, recorded its highest level ever continues to result in an increasing supply of the drug being available right across the European Union, including in Ireland. This development is reflected in the increasing level of seizures of the drugs which have been made by An Garda Síochána here in recent times.

I have been informed by the Garda authorities that An Garda Síochána seized approximately 128 kg of the drug in 2006, 125 kg of the drug in 2007 and that approximately 49 kg of the drug has already been seized for this year for the period January 1 to February 13, inclusive. I am advised that these statistics for 2007 and 2008 are provisional pending the publication of the Garda Annual Reports for the years in question.

Undoubtedly these are very significant volumes of the drug which have been seized by An Garda Síochána. In monetary terms this equates to heroin with a street value of approximately €60.5m being captured by the Gardaí and I warmly commend their ongoing work in this regard.

I am advised by the Garda authorities that this increasing level of heroin seizures is as a result of ongoing and intelligence-led operations specifically targeting those suspected of involvement in the importation and distribution of illegal drugs and that these operations have led to a number of very significant arrests in recent times of those involved in the drugs trade.

Of course this is an ongoing work in progress and the Government fully acknowledges that tackling the problem of drug trafficking remains an ongoing challenge to be faced with vigilance.

In terms of resources, as the Deputy will appreciate, policing operations and the deployment of Garda resources are matters for the Garda Commissioner. It is and must remain the responsibility of Garda management to allocate personnel within the Garda organisation on a priority basis in accordance with overall policing requirements.

The Garda National Drugs Unit is the primary unit within An Garda Síochána charged with responsibility for drug supply law enforcement. As at 31 January 2008 the personnel strength of the Unit was 65.

Since the publication of the Government's National Drugs Strategy 2001-2008, Garda resources in the fight against illicit drugs have increased. This is particularly evident with the creation of additional Divisional Drug Units in areas of particular need. These Drugs Units operate in Divisions throughout the country with a primary focus on local drugs activities.

Both the Garda National Drugs Unit and the Divisional units are also supported in their work by officers from other national units such as the National Bureau of Criminal Investigation, the Criminal Assets Bureau and the Garda Bureau of Fraud Investigation. Furthermore, all Gardaí are tasked with confronting drugs related issues as they arise.

The assignment of Garda personnel throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. This takes place against the background of the unprecedented expansion of An Garda Síochána which has taken and will continue to take place increasing the overall strength of the Gardaí to 16,000. Additional Garda resources are coming on stream all the time, These additional human resources will facilitate the Garda Commissioner in the allocation of additional manpower to areas most in need, including areas with a significant drug problem.

Finally, I can assure the House that I will continue to keep the measures and resources for tackling all forms of drug trafficking, including the trafficking of heroin, under review. The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.

While I recognise the good faith in this suggestion, I do not envisage being in a position to accede to it. In particular, I am informed by the Minister for Finance, that in accordance with the requirements of Article 11 of the Constitution, revenue accruing to the State, including revenue which has been accumulated as a result of drug trafficking, which is seized by the Criminal Assets Bureau, is paid into the Central Fund. It is this Central Fund from which the Government draws for expenditure on all necessary public services and investment. I am further informed that there are no proposals at present to alter these arrangements.

With certain exceptions, it is believed that earmarking revenues for a specific expenditure programme would, in general, constrain the Government in the implementation of its overall expenditure policy.

A policy of ring-fencing monies obtained by the Exchequer and the reallocation of same for a specific purpose runs contrary to the normal Estimates process and could have far-reaching implications. The Constitution requires, and Government accounting principles provide, that public monies be spent only as voted or approved by Dáil Éireann unless otherwise provided by statute.

To agree that revenues secured through the Criminal Assets Bureau be allocated for drug victims, for example, would mean that the treatment of drug victims would be financed, in part at least, by uncertain and variable revenue sources. Furthermore, if certain revenues which are variable were earmarked for particular projects within the overall fight against drug abuse, any projects thus funded would be dependent on actual revenue collected from that source. To put it bluntly, this could mean that a fall in revenue generated by that source would lead to a fall in expenditure on such drug-related projects.

The Government is already allocating very considerable resources to a wide range of Government Departments and State Agencies as well as to the Community and Voluntary treatment sectors to tackle the issue of drug misuse. For example, in 2008 the Department of Community, Rural and Gaeltacht Affairs has been allocated €64.3 million for the expenditure subhead Drugs Initiative/Young Peoples Facilities and Services Fund. The vast bulk of this funding is committed by the Government in developing a comprehensive and co-ordinated response to the drugs problem at local levels.

I can assure the House that the Government remains firmly committed to the provision of significant funding to tackle the issue of drug misuse particularly in the areas where the problem is most acute.

The capital budget for the Irish Youth Justice Service, an executive office of my Department, is €9 million in 2008. This capital allocation is in respect of spending on the 4 children detention schools for which my Department assumed responsibility on 1 March of last year. The allocation for 2008 is required to fund a range of projects across the 4 schools and to begin to fund the development of new children detention facilities for which planning is expected to commence shortly. The Government's commitment to spending in this area is set out in the Programme for Government and the National Development Plan (NDP) 2007 to 2013 both of which have identified the development of children detention facilities as a priority. Exchequer and NDP funding of €144.8 million has been allocated over the period 2008-2012 and spending has been scheduled over this 5 year period.

Work has progressed on a number of capital projects since 1 March 2007 and it is anticipated that the 2008 allocation will be spent in full with further projects due to start this year. No project in the children detention schools has been put back or reduced in scale as a result of the budgetary process.

In 2006 an Expert Group was appointed to make recommendations in relation to the development of the children detention schools. The Group's first progress report was completed in December 2006 and the final report was submitted to my colleague, Brendan Smith T.D., Minister for Children, in December 2007. The Minister has given careful consideration to the recommendations of that report and has brought proposals to Government recently. I understand that the Expert Group's Report will be published shortly and my colleague will make an announcement on the matter in due course.

In the last year, since my Department assumed responsibility, expenditure in the detention schools provided for improved facilities to all of the schools. This will ensure the extended life and continued operation of the existing buildings pending plans for redevelopment. The ongoing projects include the construction of a swimming pool to replace a derelict facility on the Oberstown campus and the upgrading of sanitary facilities at the Trinity House School building.

The information sought by the Deputy has been compiled by my Department and, as it comprises a substantial amount of detail, is set out in a written Tabular format for ease of reference.

In summary, there have been eight instances involving the establishment of Tribunals of Inquiry, Commissions of Investigation or other statutory inquiries under my Department's aegis since 1997. In addition, the costs associated with two inquiries under Section 8 of the Companies Act, 1990 initiated on the application of the Minister for Enterprise, Trade and Employment fell to be met, in the first instance, by my Department.

Of the eight examinations I have referred to, four have concluded their work. The Morris Tribunal, the Smithwick Tribunal, the Commission of Investigation into the handling of child sex abuse allegations against the Archdiocese of Dublin and the Commission of Investigation into the death of Mr. Gary Douch in Mountjoy prison are all continuing with their work.

The total cost of the eight examinations to date has been in the region of €67m.

The position with respect to Tribunals of Inquiry, Commissions of Investigation or other statutory inquiries under my Department's aegis over the period referred to is set out below:

The Government Legislative Programme published on 29 January last provides for the publication of a Sale of Alcohol Bill in late 2008. This Bill will modernise and streamline the laws relating to the sale and consumption of alcohol, including provisions relating to the grant of theatre licences and the sale of alcohol in such premises, by repealing the Licensing Acts 1833 to 2004, and replacing them with updated provisions more suited to modern conditions.

As the Deputy may be aware, I have asked the Government Alcohol Advisory Group to examine the public order aspects of the sale and consumption of alcohol, including issues relating to longer opening hours and special exemption orders, and to report to me with their assessment of how best to proceed by 31 March.

I intend then to bring forward a short Bill with urgent proposals for statutory reforms which I hope will, with the assistance of both Houses, be enacted and implemented before the Summer recess. I will of course consider giving effect to any reforms recommended by the Group in relation to theatre licences in this legislation.

I propose to take Questions Nos. 100 and 141 together.

I refer the Deputy to my reply to Question No. 89 of 13 December 2007. I have nothing further to add to the details of that reply other than to say that the Government Legislative Programme published on 29 January 2008 provides for the publication of a Legal Services Ombudsman Bill in the current session.

I wish to refer the Deputy to my response to Parliamentary Question, Reference 8965/08 of today, which sets out the Tribunals of Inquiry, Commissions of Investigation or other Statutory Inquiries under my Department's aegis. The position insofar as such examinations where a final report has not yet been published is as follows.

The Report of the Family Law Reporting Pilot Project sums up the work of the one-year pilot project, undertaken by Dr Carol Coulter for the Courts Service. This initiative was permitted by a change in the law on the in camera rule in family law. Dr. Carol Coulter was engaged to carry out the reporting of family law on a pilot basis.

The Report comes in two parts. The first part deals with the reporting project itself and makes suggestions, primarily aimed at the Courts Service, for the future direction of the Family Law Reporting Project including that the project should continue. Among the 18 recommendations made in the Report are:

the Courts Service should decide if it is appropriate for it to provide a reporting service on family law, and if so, it should decide what such a service would consist of;

whether the Regulations, naming those entitled to attend family law proceedings, could be amended to allow bona fide members of the press to attend;

if the Courts Service decides to continue the project it should do so for another year — while progressing the digital recording of judgments;

from 2009, or earlier if practicable, the Courts Service should publish judgments, decisions, statistics and some reports or sample cases on the Courts Service website;

the Courts Service should consider nominating a representative to liaise with academic institutions on family law;

the creation of a new Rule of Court to allow judges to give direction in court to those reporting family law proceedings, particularly on how to maintain litigants' anonymity; and

the Central Statistics Office should be asked to extend its examination of statistics in the Courts Service to family law.

I welcome the establishment by the Courts Service of a Special Committee to oversee the Family Law Reporting Project for a further year and to consider the recommendations made in Dr Coulter's report with a view to making proposals for their implementation. I understand that the Committee has commenced its work.

I am informed by the Garda authorities that the Garda Síochána has submitted a comprehensive investigation file to the Director of Public Prosecutions (DPP) in relation to this matter and that directions remain awaited.

As the issue remains the subject of ongoing consideration by the DPP, it would not be appropriate to make further comment at this stage.

I propose to take Questions Nos. 104 and 126 together.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and senior Garda officers, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area. There are currently 29 Committees in operation in a pilot phase to gain experience rolling the Committees out to all local authority areas in the State. In general the outcome to date has been positive and the Committees are meeting definite local needs.

Following on from a consultation seminar last November hosted by me and my colleague the Minister for the Environment, Heritage and Local Government, work is underway on revising the guidelines under which the Committees operate, in the light of the experience gained to date. Following consultation with my Ministerial colleagues, I intend to issue these revised guidelines to enable the roll out of the Committees to take place as soon as possible, which I envisage will be in the middle of this year.

The Children Act 2001, as amended, provides for the extension of the children detention school model to all children under the age of 18 years who are ordered to be detained by the Courts. An Expert Group on Children Detention Schools was tasked by the Minister for Children in 2006 to initiate and plan for the necessary redevelopment of existing children detention schools including the development of new facilities to accommodate the 16 to 17 year age group who are currently accommodated in St. Patrick's Institution and to advise accordingly. The Expert Group's final report has been submitted to my colleague the Minister for Children in December 2007 and he has given consideration to the matter and will make an announcement shortly.

The redevelopment of children detention school places will take time as it requires detailed planning, design and consultation with stakeholders to ensure that high quality facilities are created. In the interim it is necessary to retain the use of St. Patrick's Institution until suitable children detention school places can be created with regard to 16 and 17 year old boys.

As all prison accommodation on the Mountjoy site, including St. Patrick's Institution, is to be closed it is necessary to make provision for interim accommodation, should it be required, for 16 and 17 year old boys on the Thornton Hall campus. The campus structure of Thornton Hall will ensure that a facility for 16 and 17 year old boys is segregated from facilities being used by adult offenders. On completion of the detention school development project all children under 18 years of age being detained will only be accommodated in dedicated children facilities. This is compatible with UN Convention on the Rights of the Child and as provided for in the Children Act 2001, as amended.

The dedicated multidisciplinary drug detoxification programme in the Medical Unit in Mountjoy Prison involves both prison based staff and external agencies. The aim of the Unit is to assist prisoners who have indicated a desire to move from either a situation of current drug use or existing substitution programme to drug free status.

Participation is based on assessment of suitability for the programme. Each programme lasts six weeks and can facilitate up to nine prisoners. An essential element of this programme is that suitable arrangements are organised to ensure appropriate throughcare and follow-up of participants. During 2007, a total of 56 prisoners participated in this programme.

The detoxification programme is just one of the many drug rehabilitation programmes currently being offered in Irish prisons. These programmes seek to reduce the demand for drugs within the prison system through education, treatment and rehabilitation services for drug-addicted prisoners. Particular initiatives include, inter alia, methadone maintenance, education programmes, addiction counselling and drug therapy programmes. These programmes involve a significant multidimensional input by a diverse range of general and specialist services provided both by the Irish Prison Service and visiting statutory and non-statutory organisations.

Finally, I should add that the capacity to deliver the Irish Prison Service's Drugs Policy and Strategy will be significantly enhanced by the provision of the new complex at Thornton Hall.

I refer the Deputy to the reply to Parliamentary Question No. 443 of 16 May, 2006 which included information detailing reports published by my Department from June 1997 to May 2006.

In addition, the reports listed below, which were produced or commissioned from May 2006 to January 2007, relate to my Department's areas of responsibility. As is evident from the list, and from the material supplied in the previous response, many of these documents are annual or other regular reports produced by my Department, or by bodies under its aegis, concerning their operations and not commissioned as advice as such. Given the breadth and complexity of the issues covered by my Department it would not be feasible to catalogue any recommendations made in the format sought without the application of a disproportionate amount of staff time. In any event, the Deputy will appreciate that reports such as those listed below form only one of a number of sources of information, advice and consultation in the policy making process and the development of policy in any given area will be generally be based on a broad range of considerations and inputs.

I propose to take Questions Nos. 108 and 160.

The total personnel strength of the Garda Reserve, including trainees, as at 31st January 2008 was 277. At a graduation ceremony to take place in the Garda College on Thursday 6th March, it is expected that approximately 60 more trainees will be attested. The next intake of trainees will be on the weekend of 8th and 9th March.

The 206 attested members currently operational are attached to the following Stations:

DMR (Dublin Metropolitan Region) Stations — 101:

DMR South Central Division — Pearse Street (20), Kevin Street (5), Kilmainham (3) and Donnybrook (6).

DMR North Central Division — Store Street (9), Bridewell (6) and Fitzgibbon Street (6).

DMR West Division — Clondalkin (2), Finglas (3), Lucan (3), Ballyfermot (3) and Blanchardstown (6).

DMR North Division — Santry (1), Raheny (3), Swords (3), Clontarf (1), Coolock (3), Ballymun (2) and Balbriggan (2).

DMR South Division — Crumlin (2), Sundrive Road (1), Rathmines (2) and Terenure (1).

DMR East Division — Bray (2), Dun Laoghaire (3) and Blackrock (3).

Stations outside DMR — 105:

Mayfield (2), Gurranabraher (1), Midleton (4), Mitchelstown (1), Anglesea Street Cork (13), Togher (1), Sligo (5), Galway (12), Henry Street Limerick (9), Ennis (4), Tralee (1), Waterford (7), Tramore (2), Kilkenny (4), Wexford (3), New Ross (1), Gorey (1), Newbridge (1), Blessington (1), Naas (2), Carlow (2), Clonmel (2), Cahir (1), Carrick on Suir (1), Tipperary town (1), Cavan town (2), Monaghan town (1), Drogheda (4), Dundalk (3), Kells (1), Castlebar (4), Westport (1), Ballina (3), Mullingar (3) and Letterkenny (1).

Recruitment is continuing and regular promotional efforts to attract potential Reserve members are being undertaken. Garda Reserve members undertake their training and other duties on a voluntary basis during their free time. As a result it is not possible to predict how many people will commence training in any particular month.

I cannot predict exactly when the full complement of Garda Reserve members will be reached but I can assure the Deputy that An Garda Síochána have advised that they are making every effort to reach it.

I presume the Deputy is referring to remarks attributed to the Minister for Integration which were reported in the media in January of this year.

I should point out at the outset, that notwithstanding the lower number of applications in recent years, significant levels of abuse continue in our asylum process. In the region of 90% of asylum applications are determined to be unfounded after the exhaustion of all possible appeals. I say this to remind the Deputy that we can never become complacent about ensuring the integrity of our asylum processes and to demonstrate that there will always be individuals who will cynically seek to exploit the system in a way that distracts our attention from the needs of the genuine asylum seeker.

It is against this background that the current level of Judicial Reviews is a genuine cause for concern. In my view, it is clearly evident that many people use the Judicial Review process simply in order to prolong their stay in the State. As the Deputy is probably aware, delays in finalising cases in the asylum area can occur for a variety of reasons, including giving applicants and appellants the fullest opportunity possible to present their cases and the determination of Judicial Review proceedings, where such a course of action is pursued. However, it is a reality that the large scale of Judicial Reviews currently taken does contribute to significant delays in the processing regime.

It is important that the refugee status determination process in Ireland is not seen as being any less robust, when compared to that in other countries, by those who would wish to use it as a means to enter Ireland outside of the normal immigration channels. Delays in the process, however they are caused, could lead to such a view being formed. I understand that a small group of legal firms are responsible for a significant percentage of judicial reviews lodged in the asylum area and that many of the statements of grounds of these judicial reviews are of a generalised or non-specific nature. The understandable concern in relation to many of these cases is that legal action is being pursued with the primary intention of frustrating the determination process and delaying the finalisation of the processing of applications where the decision would almost certainly be that the applicants are not in fact in need of protection in Ireland.

The Immigration, Residence and Protection Bill (which recently passed Second Stage in this House) comprehensively reforms and simplifies the current system through the introduction of a single procedure for the investigation of all grounds including protection ones put forward by applicants for protection. This reform of the processing framework will lead to the removal of the existing multi-layered and sequential process and will allow an applicant to get a final decision on their application in a more timely and efficient fashion. Along with other provisions in the Bill, this reform is intended to reduce the time taken to process each case to finality which is in the interests of the applicant and the protection of the integrity of the application process.

In conclusion, I have no difficulty in discussing these issues with the Bar Council and the Law Society and it is my intention to do so.

I propose to take Questions Nos. 110 and 166 together.

I am informed by the Garda authorities that the following table shows the number of murders recorded, detected, proceedings commenced and convictions, which involved the use of a firearm, for the years 1998 to 2008 up to 26 February. Investigations into many of these cases are ongoing and, accordingly, the number of cases where prosecutions are initiated can be expected to rise. I have outlined to the House previously difficulties which can arise in detecting gangland killings and the extensive efforts being made by An Garda Síochána to overcome these.

Figures for 2007 and 2008 are provisional, operational and liable to change.

I propose to take Questions Nos. 111, 148, 501 and 502 together.

The most recent report of the Designated Judge to the Taoiseach on the operation of both the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and Part 7 of the Criminal Justice (Terrorist Offences) Act 2005 was made on 14 December, 2007. This report, with no material excluded, was laid before the Houses of the Oireachtas on 21 December, 2007.

The Deputy will be aware that the Designated Judge's oversight function and the ensuing reports to the Taoiseach, pursuant to Section 8 of the 1993 Act and Section 67 of the 2005 Act, provide an important public safeguard in relation to the State's lawful interception and telecommunications data access arrangements. In particular, these reports set out the findings of the Designated Judge's ongoing review of the operation of both the 1993 Act and Part 7 of the 2005 Act, including whether the Garda Síochána and the Permanent Defence Force are complying with their provisions.

I am pleased to note that in his most recent report, the Designated Judge expressed satisfaction that the provisions of both statutes are being complied with, after having inspected and checked the records maintained by the Garda Síochána, the Permanant Defence Force and my Department and after having received a satisfactory explanation to such queries as he raised. I welcome this finding, as I do the similar, previous findings of earlier reports of the Designated Judge.

In relation to reports by the Complaints Referee pursuant to Section 9 of the 1993 Act, such reporting provides a further safeguard in relation to the State's lawful interception arrangements by forming part of an independent complaints procedure for members of the public who believe that a communication sent to or by them has been intercepted. I am pleased to note that, to date, no such report has been received by the Taoiseach, which indicates that the Complaints Referee has, to date, never concluded, upon investigation of a complaint, that there has been a contravention of the relevant provisions of the 1993 Act.

I propose to take Questions Nos. 112, 137 and 170 together.

Gardaí who sustained injuries maliciously inflicted upon them in the performance of their duties are entitled in accordance with the Garda Síochána (Compensation) Acts 1941 and 1945 to apply for an authorisation from my Department to seek compensation in the High Court. Section 6(1) of the Garda Síochána (Compensation) Act 1941 obliges me, as the Minister for Justice, Equality and Law Reform, to refuse to authorise an application for compensation to the High Court where I am of opinion that the injury is of a minor character and was sustained in the performance of a duty not involving special risk. This assessment is discharged by my staff and is informed by medical reports and previous Court judgments in Garda Compensation Act cases.

The numbers of Garda compensation claims received for the years 2003 to 2007 are set out in the table below:

During that period I authorised 771 cases and I refused 299. It is my practice never to refuse a case on the grounds that it is minor without giving the applicant a further opportunity to make representations. The number of compensation claims that are currently outstanding is 1,245.

I intend to bring legislative proposals to Government in the near future with the objective of establishing a Garda Compensation Tribunal which will deal with both minor and non minor injuries.

I wish to refer the Deputy to the Reply given by me to his Dáil Question No. 514 of Tuesday 18 December 2007 and to the undertaking given by me at that time to provide the information requested. In the intervening time period, a cross referencing operation was undertaken which matched the data held by my Department with those records held by the Irish Prison Service. As a result of this exercise, I am now in a position to provide the Deputy with the information he requested.

The number of all non-Irish citizens released from prison and subsequently deported during the period from 1 February 2007 until 30 November 2007, including their nationalities, is as follows:

My officials will undertake another cross referencing operation, matching data held by my Department with those records held by the Irish Prison Service in order to bring the statistics supplied up to the end of February 2008. I can assure the Deputy that the updated statistics will be conveyed to him at the earliest possible date.

My Department's policy — and indeed the accepted international practice — is that persons found not to have protection needs and no right to remain in the State, should be returned promptly to their home countries in order to protect the integrity of the asylum and immigration processes. To do otherwise would result in Ireland becoming a magnet for unfounded and abusive asylum claims, the consequence of which would be to undermine the immigration laws of the State and to make big demands on the Exchequer.

I refer the Deputy to my detailed response to Question No.163 on 9 October last in which I outlined the reasons I do not intend to make regulations under section 22 of the Intoxicating Liquor Act 2003 at this time. I have nothing further to add to the details set out in that reply.

In accordance with the Garda Síochána Act 2005, the Joint Policing Committee for the relevant local authority area must be consulted before the local authority can approve an application to the Garda Commissioner for authorisation for a CCTV system. The 29 Joint Policing Committees currently established in a pilot phase operate under revised guidelines issued by my predecessor in May 2007. The purpose of the pilot phase is to gain experience from the operation of a number of Committees in a variety of local authority areas before rolling them out to all local authority areas in the State.

Following consultations with my colleagues the Ministers for the Environment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs, I intend to issue, as soon as possible, revised guidelines to enable roll-out of the committees to all local authority areas in the State. The guidelines will provide inter alia a timetable for this roll-out.

Directive 2006/24/EC of the European Parliament and of the Council on the retention of data was due to be transposed by 15 September 2007. Under Article 249 of the Treaty establishing the European Community (TEC), Member States of the European Union as well as members of the European Economic Area (EEA) are bound to transpose such Directives. Failure to do so could result in the Commission bringing Ireland before the Court of Justice. The Irish challenge to the Directive to the European Court of Justice, which is grounded on the proper legal base for the instrument, does not excuse us from transposing the Directive. The Directive will ensure a high level of harmonisation of the laws governing the retention of data in the countries of the EU and EEA, which is essential in the fight against international organised crime, including terrorist crime.

Consultations have taken place with interest groups and further consultations are planned. I am at present finalising my proposals for implementing the Directive. These includes the periods of retention for the categories of data to be retained and the method of transposition, the two areas where we have some flexibility. The usual method of transposition for this class of Directive is by means of a Statutory Instrument.

I am aware of the views of the Data Protection Commissioner on the requirement to retain data and officials from my Department will be in touch with him again to discuss my proposals when they are finalised.

As of 31 January 2008 the personnel strength of Limerick Garda Division and Tallaght Garda Station was 592 and 180 respectively. The number of Community Gardaí assigned to the Limerick Garda Division and Tallaght Garda Station on 31 December, 2007 (the latest date for which figures are readily available) was 66 and 24, respectively.

The Deputy will appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers. All Gardaí have responsibility, inter alia, to be involved in Community Policing issues as they arise.

There is one Garda Station in Tallaght and there are 34 Garda Stations in the Limerick Garda Division which covers both the urban and rural areas.

It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. In doing this he takes into account all relevant factors, including population, crime rates and trends as well as operational priorities. The next allocation of Probationer Gardaí is due to take place on 13 March next. In that regard, the needs of the Garda Stations and Divisions referred to will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country.

I propose to take Questions Nos. 118 and 168 together.

I have been assured by the Garda authorities that the Garda Information System which includes PULSE is functioning very satisfactorily. Significant investment has been made to improve availability and response times and I am advised that as a result, since the beginning of 2007, there has been virtually no unplanned downtime. The PULSE system is more widely available than ever before, with access by both Garda and civilian personnel to over 2000 personal computers in 338 locations, including every Divisional and District Headquarters. The Deputies will be aware that the Garda Information Services Centre (GISC), which is based in Castlebar, allows Gardaí, who would otherwise have to return to their station to input or update incident data, to log the information over the telephone with the GISC, thus releasing Garda resources for visible, frontline policing across our communities.

The functionality of the PULSE system is continually upgraded and enhanced to accommodate new business requirements, policies and procedures as well as updates to reflect new legislation. I am advised by the Garda authorities that functionality in relation to the prosecution of limited companies will be provided in the next release of the system, which is scheduled to be deployed by mid-year. This new functionality will replace the current manual process used by the Garda Síochána to prosecute limited companies.

The original estimated budget for PULSE back in 1993 was in the region of €46.4m (£36.5m Punts). The system was developed over a number of phases and an number of additional items arose over the course of the project such as the need for additional external resources, costs associated with the Year 2000 and the provision of backup facilities. These additional items brought the total development cost of the system by 2001 to €61.3m. The Garda authorities advise that the average annual maintenance and upgrade costs for PULSE from 2001 to the end of 2006 amounted to €12.88m. This expenditure includes the cost of contract resources, replacement of hardware, software upgrades and software licence fees. Following the completion of a comprehensive stabilisation programme and hardware upgrade for the PULSE system in 2006, PULSE was amalgamated with other systems including the Fixed Charge Processing System (FCPS) to form a new combined IT system referred to as the Garda Information System (GIS). Accordingly, since the start of 2007, specific figures relating to expenditure on PULSE are not available.

I propose to take Questions Nos. 119, 121, 159 and 516 together.

A tender process for procuring an outsourced safety camera network is under way. During this process issues arose because it emerged that costs involved would be substantially higher than had been estimated when the matter was considered by Government previously, which necessitated a further examination of the matter by the Government. The Government has confirmed that it will be proceeding with the outsourcing of a countrywide safety camera network and the financial resources necessary to do so will be provided. The tender process is at an advanced stage, and it is expected that contract negotiations with the preferred bidder will commence shortly. I am not in a position to indicate at this time the cost of the project as the tender process is not complete.

Enforcement of road traffic law is one of the highest priorities of An Garda Síochána. They are continuing to focus their enforcement activity on the main causes of road deaths and serious injuries — speeding, drink driving and the non-wearing of seatbelts and also on road transport offences. The financial resources allocated to traffic related duties increased from €3.7 million in 2007 to €11 million in this year's Estimates, in addition to the amount which will be allocated for the safety camera network. An Garda Síochána were recently authorised to replace the GATSO systems currently operating with eight new state of the art mobile speed cameras. These will be operational not later than June. This will take place against the background of an increase in the Garda Traffic Corps of 170 this year and 225 last year, bringing the strength of the Corps to 1,200 by end of the year.

In addition, approval has also been given for the Gardaí to acquire an Automated Number Plate Recognition System for up to 100 Garda vehicles, which among many features, will have a speed detection capability. Gardaí will also continue to use over 400 hand held detection devices available to them.

Saving lives through making our roads safer, including through taking effective, efficient and targeted measures to reduce speeding, in line with the Road Safety Strategy will remain an absolute priority for me and the Government.

I propose to take Questions Nos. 120 and 172 together.

Negotiations are currently underway with a commercial consortium which was selected following an EU tender procedure for the design, construction, finance and maintenance of the proposed prison facilities at Thornton Hall, North County Dublin.

The project includes the construction of the prison facilities along with the ancillary infrastructure including services. The development procedure is set out in Part 4 of the Prisons Act, 2007. I am pleased to advise the House that the Notice of Development and Environmental Impact Assessment in respect of the project was published on Friday 29 February 2008. A copy of the Notice of Development has been lodged in the Oireachtas Library.

The publication of the Environmental Impact Assessment affords all interested parties an opportunity to make their views known and have them fully considered prior to a decision to proceed with the development. It is intended, subject to the statutory planning phase and the successful conclusion of the contract negotiations, to commence construction later this year. It is envisaged that the development will take approximately three years to complete.

Due to commercial and procurement reasons, it is not possible to provide details as to the likely costs of the construction and fit out costs. The disclosure of such information is not allowed under Department of Finance PPP guidelines.

I can, however, confirm the following expenditure which has taken place to date on the project. The cost of the site acquisition was €29,900,000. An additional 8.7 acres has also been acquired to provide a dedicated access road to the main site. This was done following representations from the local community which reflected concern in relation to the effect of increased traffic generated by the prison project. In addition to allaying these concerns, the new roadway will provide significant additional benefits both during the construction and operational phases of the project. The cost of this additional land was €1,305,000.

A total of €5,634,367 has been expended to date on preliminary site works including surveys, landscaping, security and maintenance of the property, archaeological and topographical, etc., and professional fees including legal and specialist technical advice.

Expenditure to date on the project has amounted to a total of €36,839,367, including site acquisition costs.

The information requested by the Deputy in relation to the number of applications for asylum received by the Office of the Refugee Applications Commissioner in each of the past five years is set out in the table below:

Timescales for the processing of asylum applications

Asylum applications are considered under the provisions of the Refugee Act 1996 (as amended), at first instance by the Office of the Refugee Applications Commissioner (ORAC) and at appeal stage by the Refugee Appeals Tribunal (RAT).

The length of time taken to process asylum applications differs depending on whether an applicant is dealt with under prioritised arrangements or not. With effect from the 25 January 2005, new arrangements for the speedier processing of applications from certain countries were implemented. These arrangements apply in the main to nationals of Nigeria, Croatia and South Africa. They also applied to Romania and Bulgaria prior to their accession to the EU on 1 January 2007.

The Office of the Refugee Applications Commissioner

In terms of the average timescales to process Prioritised cases at first instance, an interview date is usually scheduled within 9-12 working days from the date of the initial application. These applications are normally finalised within a further 5-8 working days, giving an average processing time of 17-20 working days from the date of application.

In the case of Non-prioritised cases, an interview date is usually scheduled approximately 16-18 weeks from the date of the initial application. These applications are normally finalised within a further 4-5 weeks, giving a total processing time of 20-23 weeks from the date of application.

Some cases will take significantly longer to complete, for example, due to medical reasons, non-availability of interpreters or because of judicial review proceedings. Some cases are also more complex than others with applicants coming from over 90 different countries.

ORAC continues to schedule applicants for interview on the date of application unless there are medical or other compelling reasons.

The Refugee Applications Commissioner continues to keep the procedure for processing applications for refugee status in that Office under ongoing review with a view to limiting the amount of time applicants have to wait for a recommendation to be made, without compromising on applicants rights to a fair and balanced examination of their case.

The Refugee Appeals Tribunal

The average length of time taken by the Tribunal to process and complete Substantive appeals is 21 weeks.

The average length of time taken by the Tribunal to process and complete Accelerated appeals (appeals on papers only) is 8 weeks.

The average length of time taken by the Tribunal to process and complete appeals for Prioritised cases is 9 weeks.

While many appeals are completed in a shorter time span than above, many factors such as adjournments, postponements, judicial reviews and requests by legal representatives for access to previous Tribunal decisions can impede the Tribunal from completing cases earlier. High quality, consistent and fair decision making in all cases continues to be a high priority in the Tribunal.

Improvements in Processing Timescales

The Office of the Refugee Applications Commissioner has made significant progress in the processing of asylum applications since the creation of the office in November 2000.

In November 2000, when the ORAC was established, there were over 9,400 applications awaiting decision at first instance. As at 31st January 2008, there were 1,272 outstanding applications awaiting a recommendation by ORAC. Of these, only 171 cases were on hands over 6 months.

The RAT has also made significant progress in the processing of asylum applications since the creation of the office in November 2000. Prior to the establishment of the RAT, substantive appeals took, on average, 36 weeks to complete. As already indicated, the average processing timescale for substantive cases is 21 weeks and 9 weeks for prioritised cases.

As at 31st January 2008, there were 3,221 appeals outstanding in the Tribunal. Of these 3,221 outstanding appeals, 2,007 were on hands over six months. A large volume of the appeals outstanding more than 6 months in the Refugee Appeals Tribunal is due to the delay in processing appeals pending the granting of access to Tribunal Decisions following the Supreme Court judgement (in the Atanasov case) on the matter. Following the judgement the RAT set up a comprehensive data bank of previous decisions of the Tribunal, suitably redacted, which is readily available for access by legal representatives of applicants. This data bank, along with other measures being applied by RAT, will be of considerable assistance in clearing the current backlog of cases.

I propose to take Questions Nos. 123, 521 and 533 together.

There are a number of statutory provisions in place to ensure that intimidation of witnesses does not frustrate the taking of prosecutions.

The intimidation of witnesses is an offence pursuant to Section 41 of the Criminal Justice Act 1999. Section 41 specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. The offence applies to the intimidation of witnesses, jurors or potential jurors or any member of these persons' families. The offence is punishable upon indictment by a fine or a term of imprisonment of up to ten years.

Statutory provisions are also in place to ensure the admissibility of witness statements in circumstances where a witness seeks to resile from a statement already provided to the Garda Síochána in the course of an investigation. Section 16 of the Criminal Justice Act 2006 provides that a statement relevant to court proceedings may be admitted as evidence even if the witness, although available for cross-examination, refuses to give evidence or denies making a statement. It is a matter for the court of trial to decide if such a statement is to be admitted as evidence.

Since 1997, the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic intimidation of witnesses. Legislation was not required to establish this Programme, but its operation is supported by complementary legislative provisions in Section 40 of the Criminal Justice Act 1999. Section 40 makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable upon indictment by a fine or a term of imprisonment of up to five years.

As it is, the Garda Síochána already rigorously enforces the provisions relating to witness intimidation and protection contained in the Criminal Justice Act 1999. In particular, where the possibility of intimidation of witnesses may be an issue, the case is closely monitored throughout the investigation, up to and including any criminal proceedings. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge, who has the discretion to revoke bail or place other sanctions on the accused/suspect. Any such incident would also be the subject of a thorough investigation by the Garda Síochána with a view to seeking directions from the Director of Public Prosecutions.

In this regard, I am informed by the Garda authorities that the number of proceedings commenced in respect of the offence created pursuant to Section 41 of the 1999 Act for the years 2003 to 2007 are as follows:

(*Provisional figure only and subject to change).

The attested strength of An Garda Síochána as at 31 January 2008, the latest date for which figures are readily available, was 13,732. In addition 1,310 student Gardaí were at various stages of their training on that date, making a total of 15,042.

It is the responsibility of the Garda Commissioner to assign members of the Force throughout the country and to national units. In doing this he takes into account all relevant factors, including population, crime rates and trends as well as operational priorities. In that regard, specific operational needs will be fully considered by the Commissioner within the overall context of policing needs throughout the country.

Following the completion of a pilot Digital Radio project by the Garda authorities, a decision was taken to procure a single nationwide digital radio service for use by the Garda authorities, other emergency services and non-commercial State bodies. This enables economies of scale as well as allowing for inter-agency communication in the event of major incidents or cross agency operations. Following completion of the tender processes by the Department of Finance a preferred bidder, TETRA Ireland Ltd, was selected. In order to ensure that the preferred bidder demonstrate its capability to deliver this key service for the emergency services, both from a technical and organisational perspective, a service performance evaluation covering a significant part of the Dublin Metropolitan Region and surrounds including Dublin Port and the Airport was carried out and completed late last year.

In parallel with the performance evaluation, detailed and intensive contract negotiations have been taking place between the Department of Finance and the preferred bidder and I understand these negotiations are nearing completion. I am also advised that preparation and planning by the Garda authorities is well advanced and implementation will closely follow the rollout of the infrastructure by the preferred bidder. The entire nationwide rollout is expected to be completed over a 2 year period.

I might add that the Garda authorities continue to maintain its existing radio infrastructure including the digital radio system servicing significant parts of the Dublin Metropolitan Region and its analogue systems throughout the country.

I propose to take Questions Nos. 127 and 184 together.

The Scheme of a Civil Partnership Bill, containing detailed proposals, is being developed in my Department for submission to Government by the end of March 2008.

The scope of the Bill as proposed does not extend to provision for the marriage of same-sex couples.

The Government Legislative Programme includes the Bill as providing for a system of civil registration of same-sex partnerships and for the legal consequences of registration. It also provides certain protections for both opposite-sex and same-sex cohabitants.

I am informed by the Director General of the Irish Prison Service that the figures for 28 February, 2008, as requested by the Deputy are as follows:

The information supplied in Parliamentary Question 324 of 20 February, 2008 was provided in answer to a specific question relating to prosecutions commenced, between 2003 and 2007, for an offence under section 31(2) of the Intoxicating Liquor Act 1988, as amended, and is not inclusive of prosecutions commenced in respect of any other offences relating to the sale of alcohol to minors.

Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics since the third quarter of 2006.

I have requested the CSO to provide the statistics on the overall number of prosecutions commenced relating to the sale of alcohol to minors, for the years 2003 to 2007 and to date in 2008, directly to him.

The security of cash in transit deliveries is an issue the Government takes extremely seriously. A number of measures have been adopted in recent years to improve security in this area.

The Deputy will appreciate that I cannot comment on Garda Síochána operational plans to prevent attacks on cash-in-transit deliveries.

Nevertheless, I can say that there are a range of measures in place to combat the threat. The Private Security Authority has commenced licensing of companies engaged in cash-in-transit. The licensing regime put in place incorporates security measures as set out by the relevant branch of the Garda Síochána. Furthermore, there are regular and ongoing discussions between the Gardaí and cash-in-transit industry stakeholders to ensure continued security of deliveries of cash. The Deputy will be aware of a number of cases where attempted robberies from cash-in-transit deliveries were foiled.

The Deputy will appreciate that decisions on the level of security provided for cash-in-transit vehicles are made by the Gardaí having taken all material facts into consideration. Where it is judged to be appropriate, the assistance of the Army is sought for a particular cash consignment. Recovery of the costs of such escorts is the subject of agreements between the Government and the Irish Banking Federation.

I am satisfied that sufficient resources are available to the Garda Síochána in their ongoing efforts to combat the criminal threat to cash movements.

The Law Reform Commission published a Consultation Paper on Reform and Consolidation of the Courts Acts in 2007 as a follow up to a project it began in 2005 which aimed to reform and consolidate the Courts Acts, which comprise up to 100 Acts, including a large number that predate the foundation of the State. The Commission embarked on the project jointly with my Department and the Courts Service. A Working Group was established for the project, comprising representatives of the Commission, the Courts Service, the judiciary, the Department, the legal profession and the academic community. It is intended that a draft Courts Bill will be published as part of the final report of the Commission.

On 13 February last, my Department, in consultation with the Commission, invited tenders from suitably qualified parties to draft the Bill. The text of the Request for Tender document includes conditions, based on standard procurement practice, with which companies must comply in the event that they submit a tender. There is, however, no requirement that the tenderer must be a company. The Request for Tender document is currently displayed on the etenders website (www.etenders.gov.ie). Further information in relation to the terms of reference, general conditions of the tender invitation, etc. is available on-line in that document and queries may be raised by any interested party.

The drafting process will be carried out under the supervision of the Law Reform Commission.

The Deputy will appreciate that the estimated cost of the project cannot be disclosed during the ongoing open competitive tender process.

Diversion of young people from crime and the criminal justice system is one of the responsibilities of my Department in accordance with the provisions of the Children Act 2001, as amended. The causes of delinquent, anti-social, and criminal behaviour are often complex and may cover a range of issues which are dealt with by a number of Government Departments. While my Department has not carried out specific research in the area referred to, I can say that a quantity of research exists which identifies educational disadvantage, along with other factors including poverty, unemployment, early school leaving, addiction and inadequate parenting, as contributing to juvenile delinquency. It is generally accepted that all these factors can contribute to young people becoming involved in anti-social behaviour and delinquency.

The Government has invested heavily in tackling educational and social disadvantage over many years and across a range of Government Departments and Agencies. In my own Department, for example, the Government agreed a comprehensive programme to implement youth justice reforms including the establishment of the Irish Youth Justice Service (IYJS). As well as providing strategic leadership, the IYJS works on a partnership basis with Government Departments and Agencies to reduce youth offending. It funds organisations providing services (including Garda and Probation Service projects) to young people who find themselves in conflict with the law. Its main responsibilities include a remit to develop a unified youth justice policy and to devise a national strategy to deliver this policy and service. In developing its national youth justice strategy, which will cover the period 2008-2010, the issue of educational disadvantage and juvenile delinquency is one of those identified. The strategy will set out the role which various Government Departments and State Agencies will play in reducing youth offending.

The strategy will be published shortly by my colleague, the Minister for Children. In rolling out the strategy, the objective of the IYJS and relevant Departments and Agencies will be to make existing intervention measures more effective and develop new policies and programmes as appropriate, with the aim of reducing youth offending and diverting young people from such behaviour. The primary goal will be to keep children who offend out of detention by using alternatives to prosecution including referral, where appropriate, to Garda Youth Diversion projects, the Garda Juvenile Diversion programme, community sanctions and restorative justice.

I have been informed by the Garda Authorities that organised criminal gangs operating in this jurisdiction are being targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted through the use of intelligence-led operations primarily undertaken by specialised units of An Garda Síochána such as the National Bureau of Criminal Investigation, the Garda National Drug Unit, the Organised Crime Unit and the Criminal Assets Bureau. In addition, information relating to these groupings is disseminated on a regular basis to Europol at The Hague.

An Garda Síochána maintains liaison with other law enforcement agencies throughout Europe, and elsewhere, exchanging information and intelligence on Irish criminals living abroad. This ongoing liaison has led to a number of successful joint operations, targeting the attempted importation of drugs and firearms and has resulted in a number of significant arrests here and in other jurisdictions. Where intelligence, supported by evidence, is available law enforcement agencies in other jurisdictions put operations in place, as appropriate, to prevent and detect such criminality.

Where information exists that a person, who is wanted in relation to a particular crime in this jurisdiction, is living abroad and where the particular legal requirements apply extradition is sought or an application is made for a European Arrest Warrant.

Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

An Garda Síochána will continue to be proactive in the use and further development of links with other foreign law enforcement agencies to ensure that a comprehensive and coordinated approach is applied to the problem of Irish criminals resident abroad. In this respect, there already exist a number of bilateral agreements with foreign jurisdictions concerning serious and organised crime which facilitate greater cooperation and permit the exchange of staff and the transfer of expertise between the parties to these agreements.

The ongoing activities and successes of the Criminal Assets Bureau, in cooperation with similar agencies in other jurisdictions, also ensures that this type of criminality is being tackled, regardless of the location of the criminal concerned.

At present, any person entering prison giving a history of drug use and testing positive for drugs on committal are offered a medically assisted symptomatic detoxification for operational reasons. Patients can, as part of the assessment process, discuss other treatment options with healthcare staff, which may include methadone maintenance.

The Medical Unit in Mountjoy Prison has spaces specifically allocated for a dedicated drug detoxification programme. Each multidisciplinary programme lasts 6 weeks and the programme has a capacity of 9 prisoners at a time.

Prisoners who present, either on committal or otherwise, with other substance misuse related problems have available to them a range of medical, nursing, psychological, and counselling services which are tailored to the particular needs of their situation.

Finally, I should add that the capacity to deliver the Irish Prison Service's Drugs Policy and Strategy will be significantly enhanced by the provision of the new complex at Thornton Hall.

I have been informed by the Garda authorities that the following table shows the approximate quantities of heroin, cocaine, cannabis and other main illegal drugs seized in 2007*:

*The figures provided for 2007 are operational, provisional and may change.

In terms of estimating the proportion of drug seizures made in this jurisdiction by our law enforcement authorities in relation to the overall volumes of drugs being trafficked, obviously given the clandestine nature of this illegal activity this is extremely difficult to quantify with any degree of certainty and is therefore speculative.

However to assist the Deputy, what can be said in this regard though is that the global illicit drug trade is, according to the United Nations Office for Drugs and Crime (UNODC), reputed to exceed billions of US$ annually.

That UN office estimated in 2005 that global seizures for that year accounted for 44% of cocaine production, 28% of cannabis resin, 25% of opium production, 7% of amphetamines and 4.7% of ecstasy.

As I am sure the Deputy appreciates, drug misuse remains one of the most complex social ills faced globally. Our drug law enforcement response is of course a vital feature of our overall response in addressing the issue but we cannot just look at the issue from a supply reduction perspective only.

Rather, we must examine the drugs problem in the wider context in which it takes place and take cognisance of the fact that the demand for and the use of illegal drugs is what fuels the drugs trade. The measures that we have in place to address the problem must take account of this.

The Government remains resolutely committed to tackling the problem through our current National Drugs Strategy 2001-2008. The National Strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a co-operative approach involving the statutory, community and voluntary treatment sectors.

The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague and Minister of State Mr. Pat Carey, T.D., is the lead Government Department in co-ordinating the implementation of the National Drugs Strategy and has recently begun the process of developing our new Strategy for the years 2009-2016.

This work will involve a wide ranging consultative process, in which my Department will actively participate, which will fully inform the development of our new Strategy.

My Department's remit in this area, while not exclusively, is primarily in the area of drug supply reduction, and drug law enforcement remains a key feature of the Government's drug policy framework.

An Garda Síochána invokes a number of broad strategic responses in addressing the issue. These include the following:

Identifying, targeting and dismantling national and international drug trafficking networks which supply and distribute illegal drugs within this state.

Conducting intelligence driven operations focusing on all aspects of the illicit drugs trade including commodity, logistics, distribution and financing.

Working with other national and international law enforcement agencies on joint actions designed to reduce the availability of drugs and the proceeds derived from the drugs trade.

Working in partnership with statutory, community and voluntary groups to reduce both the supply and demand for drugs within society.

This work is ongoing and An Garda Síochána will continue to pursue these strategies and continue to tackle organised crime and drug trafficking primarily through the use of specialist units and targeted intelligence led operations.

To further assist in our law enforcement efforts against drug trafficking, a number of new initiatives have been recently introduced.

Some examples of this includes the following:

The establishment in January 2008 of the Organised Crime Unit onto a permanent footing with full time staff assigned to it. The Unit now has a personnel strength of 70 and, in conjunction with the Garda National Drugs Unit and local Gardaí, will continue to implement initiatives such as Operations Anvil and Oak which target criminals involved in the trafficking of drugs.

The recently established Maritime Analysis and Operations Centre (Narcotics) MAOC(N) in Lisbon, of which Ireland is a founding member. The Centre has the specific objective of intercepting narcotic shipments, in particular cocaine, to the European Union from Latin America.

A number of provisions introduced in the Criminal Justice Acts 2006 and 2007 have provided for further measures which will enhance the powers of the Gardaí in the investigation and prosecution of drug offences.

I can assure the Deputy that I will continue to keep the measures and resources for tackling all forms of drug trafficking under review. The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.

I refer the Deputy to my reply to Questions No. 64 and 131 on 7 November 2007. The recommendations made in the Report of the Study Group remain under review in my Department.

The National Disability Strategy was launched by Government in September, 2004 and underpins the participation of people with disabilities in Irish society by building on existing policy and legislation. The implementation of the Strategy is the agreed focus of disability policy under the Partnership Agreement, Towards 2016.

Under the terms of Towards 2016, the National Disability Strategy Stakeholder Monitoring Group was established in December, 2006 to monitor progress on the overall implementation of the National Disability Strategy. The Group comprises representatives of stakeholder groups, senior officials and the National Disability Authority, while my Department also serves as Secretariat to the Group. The Group received a third report on the National Disability Strategy by senior officials of the relevant Government Departments in January, 2008. The reports provided to date have been presented to Dr. Jimmy Devins, T.D., Minister of State with responsibility for Disability and Mental Health and they have been presented to the Cabinet Committee on Social Inclusion. The three reports to date were not prepared on the basis that they would be published.

Under the provisions of the Disability Act, 2005, six Government Departments prepared Sectoral Plans in key sectors including transport, built infrastructure, housing, training and employment, health and social welfare provision. The Sectoral Plans were presented to the Oireachtas and they were published in December, 2006. The Departments have provided targets and costings for the implementation of the Sectoral Plans and have established separate fora with stakeholder representatives to monitor progress on the implementation of the plans.

I have been informed by the Garda Authorities that the number of children to whom the Garda Diversion Programme has been applied in each year since 2002 is as follows:-

I have also been informed by the Garda Authorities that the National Juvenile Office does not collate figures in relation to the number of children who have been involved in the Garda Diversion Programme and have been subject to criminal charges for subsequent alleged offences.

As of 31 December 2007, the number of Garda Juvenile Liaison Officers (JLO) was 93, and the Garda Commissioner has given a commitment to appoint an additional 28 JLOs by 2010. Of course, while JLOs are specifically dedicated to this service, a significant number of Gardaí are also engaged in liaising with juveniles on a day-to-day basis. As for the deployment of Garda resources generally, I am assured that Garda personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed by Garda management. This is to ensure that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.

The Garda Diversion Programme is an initiative, first introduced in 1963, to provide an opportunity to divert juvenile offenders from criminal activity. The programme provides that if certain criteria are met, a juvenile offender under 18 years of age may be cautioned as an alternative to prosecution. It enables referral to the Garda Youth Diversion Projects which operate separately from the Programme and aim to divert young people away from crime and anti social behaviour. There are currently 100 of these type of projects operating throughout the country and this number will be extended to 168 in line with the commitment in the Agreed Programme for Government. Additional resources have been allocated to fund the further expansion of these projects with total funding set at €11.909 million for 2008.

I am informed by the Garda authorities that drugs which are classified as controlled in the Schedule of the Misuse of Drugs Act (1977/1984) which are seized by members of An Garda Síochána in the course of investigations are destroyed upon the determination of court proceedings.

Such drugs are destroyed under the supervision of a Detective Inspector from the Garda Technical Bureau following analysis, evidential requirements and the written authorisation of a member of An Garda Síochána, not below the rank of Inspector.

The Garda Technical Bureau also facilitates destruction of controlled drugs which have been received at the Bureau from Custom officials under the supervision of a Garda Inspector and with written authorisation from an appropriate Customs Officer. Each operation is documented and all associated records are maintained by the Garda Technical Bureau.

For security reasons, I cannot divulge further details of the disposal logistics.

I am informed by the Garda authorities that drugs which are classified as controlled in the Schedule of the Misuse of Drugs Act (1977/1984) which are seized by members of An Garda Síochána in the course of investigations are destroyed upon the determination of court proceedings.

Such drugs are destroyed under the supervision of a Detective Inspector from the Garda Technical Bureau following analysis, evidential requirements and the written authorisation of a member of An Garda Síochána, not below the rank of Inspector.

The Garda Technical Bureau also facilitates destruction of controlled drugs which have been received at the Bureau from Customs officials under the supervision of a Garda Inspector and with written authorisation from an appropriate Customs Officer. Each operation is documented and all associated records are maintained by the Garda Technical Bureau.

For security reasons, I cannot divulge further details of the disposal logistics.

I have requested the Commissioner to supply the information sought by the Deputy and on receipt of same I will forward it to him.

I received the report of Mr Hugh Hartnett SC into the arrest, detention and treatment of Brian Rossiter and the subsequent investigation of his death. I referred the report to the Attorney General for advice in relation to its publication. His advice was that there were legal impediments to publication of the full report.

However, he also advised that more limited forms of disclosure were possible and I have acted on the basis of that advice. I made a copy of the full report available, subject to conditions of confidentiality, to the Cork city Coroner, who is conducting an inquest at present, and to those members of the Garda Síochána whose conduct was the subject of investigation under the terms of Mr Hartnett's warrant of appointment. In addition I have made voluntary discovery of the full report to the family's legal representatives within the context of ongoing legal proceedings. I also gave a copy of the full report to the Garda Commissioner and the Director of Public Prosecutions.

In so far as wider publication is concerned, I am in the process of preparing a summary of the report which I intend to publish shortly. The summary will include all of the report's findings and conclusions on each item of Mr Hartnett's terms of reference together with comprehensive information on the reasons for those findings.

I am informed by the Garda authorities that a pilot project using Automatic Number Plate Recognition (ANPR) systems in Garda vehicles has been successfully completed. Approval to proceed with a nationwide system has been conveyed and the Garda authorities will shortly hold a tender competition for the supply of the system. The primary focus of the system will be to check against watch lists that relate directly to the vehicle through its number-plate. Accordingly, to ensure maximum efficiency of the system, it is planned that the system will concentrate on checks against databases of stolen and untaxed vehicles and other vehicles brought to the attention of the Gardaí.

With regard to the extent to which the system could be used to check for no insurance or driver licences, I am advised that this would depend on the potential development of databases linking vehicles with licences and insurance. I am, however, advised that the proposed ANPR system could be used for this purpose if such databases could be developed.

Following a complete review, conducted by An Garda Síochána, of all aspects of the burial of the remains of an unidentified woman in County Wexford in 1995, and at their request, I authorised the exhumation of the remains. The exhumation took place on 28 November, 2007 and a post-mortem examination was conducted by the State Pathologist.

I am informed that samples of bone were forwarded to the Forensic Science Service in Birmingham, for DNA analysis and comparison on 29 November, 2007. Following this work the body remains unidentified. Details of the DNA profile have been requested for provision to the Forensic Science Laboratory for comparison with existing and future DNA profiles obtained of missing persons or their relatives.

Additional resources have recently been allocated to the Garda National Immigration Bureau which will enhance the enforcement capacity of the Bureau in respect of immigration legislation and operations conducted in furtherance of this role.

Operation ‘Sonnet' is an ongoing initiative targeting the land border with Northern Ireland and other strategic locations in Garda border divisions to detect illegal entry to the state by foreign Nationals.

Operation ‘Gull' an operation within the Common Travel Area, which is directed by the Garda National Immigration Bureau, in co-operation with the UK Border and Immigration Agency and the Department of Social and Family Affairs (DFSA), continues to detect abuse of the Asylum process and Social Welfare systems of both jurisdictions.

In addition, my officials are examining the development of an Irish Border Information System (IBIS) capable of collecting, analysing and storing passenger information on all air and sea travel into and from the State. I expect that a Memorandum containing detailed proposals in this regard will be submitted to Government in the near future.

The Immigration Residents and Protection Bill 2008, currently before the Oireachtas, will assist An Garda Síochána in its enforcement role regarding immigration legislation and the removal of illegal immigrants and failed asylum seekers. The Bill restates many of the existing legislative provisions dealing with border control and, in certain circumstances, updates those provisions to take account of experience gained and advances in technology etc. In particular, the Bill provides a legislative basis for the greater use of biometric information, for identification purposes, at a number of stages in the immigration process including border control at ports of entry. In addition, I have also signalled my intention to bring forward an amendment on Committee Stage to allow for the making of regulations requiring information to be provided by carriers, before departure for the State, in respect of specified intended arrivals.

I propose to take Questions Nos. 147, 177, 179 and 461 together.

Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act relating to anti-social behaviour by children was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children's Court.

I am informed by the Garda authorities that the most recent figures available show that from 1 January, 2007 to 31 January, 2008 480 behaviour warnings were issued to adults and 145 to children. There have been 6 formal good behaviour contracts, which are used only in the case of children, made.

There were three applications by An Garda Síochána to the courts — two for a civil order (adult) and one for a behaviour order (child). Two applications remain before the courts, and one application was unsuccessful.

During this period the Wexford/Wicklow Garda Division, which includes County Wicklow, issued no behaviour warnings to adults or children.

I am further informed that between 1 October, 2007 and 31 January, 2008 214 behaviour warnings were issued to adults and 65 to children. There were 4 formal good behaviour contracts made during this period.

Between 1 January, 2007 and 28 February, 2007 8 behaviour warnings were issued to adults. From 1 January to 31 January, 2008 (the latest date for which figures are available) 35 behaviour warnings were issued to adults and 14 to children. There were 2 formal good behaviour contracts made during this period.

I can inform the Deputy that while my Department was aware that this programme was being made and gave permission for the State Pathologist to participate in it, the actual content of the programme was not within the Department's control and editorial responsibility rests with the programme makers and broadcasters. The Department was assured by the production company that next of kin had been contacted in those instances where individual cases featured, in light of the sensitive nature of the material. In one such instance, and shortly before broadcast, one of the families in question did contact the Department expressing dissatisfaction with the extent to which their concerns had been taken on board by the production company. Our understanding is that there was further subsequent interaction between the company and the family in question with a view to resolving those concerns, but the Department was not a party to those discussions.

While I am not aware that other families were similarly dissatisfied, the Department would very much regret if this was the case. For the sake of completeness, I should add that the decision to facilitate the programme makers in the instant case with access to the State Pathologist was taken some years ago. I do not envisage a programme of this character being facilitated in future.

At the outset I should say that we have secured almost 100 sanctioned posts for the Garda Síochána Ombudsman Commission. In that context, section 80(2) of the Garda Síochána Act 2005 obliges the Ombudsman Commission to submit a report to me on its effectiveness and on the adequacy of the functions assigned to it within two years of its establishment. I am in receipt of an e-mail copy of that report and I understand that printed copies will be delivered to me shortly. Copies of those reports will in due course be laid before each House of the Oireachtas.

The report is being examined by my officials at present. However I am aware from ongoing contact with the Ombudsman Commission that they are of the view that certain amendments to the Act of 2005 would facilitate a better utilisation of resources. I intend to bring proposals for suitable legislative changes to Government in the near future.

Finally, I should say that I have secured authorisation for a total of 40 investigative posts for the Garda Síochána Ombudsman Commission and a recruitment process in relation to the outstanding vacancies for those specialised positions is currently in train.

Drug misuse remains one of the most complex social ills faced globally and the Government is fully aware of, and does not in any sense, underestimate the nature and extent of the problem of drugs which we experience in this State.

The Government remains resolutely committed to tackling the problem through our current National Drugs Strategy 2001-2008.

The National Strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a co-operative approach involving the statutory, community and voluntary treatment sectors.

Our drug law enforcement response is of course a vital feature of our overall response in addressing the issue but we cannot just look at the issue from a supply reduction perspective only.

Rather, we must examine the drugs problem in the wider context in which it takes place and take cognisance of the fact that the demand for and the use of illegal drugs is what fuels the drugs trade. The measures that we have in place to address the problem must take account of this.

The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague and Minister of State Mr. Pat Carey, T.D., is the lead Government Department in co-ordinating the implementation of the National Drugs Strategy and has recently begun the process of developing our new Strategy for the years 2009-2016.

As Minister, as well as in my capacity as public representative, I am well aware of the challenges which tackling the trade in drugs poses for An Garda Síochána.

Specifically, in terms of resources, as the Deputy will appreciate, policing operations and the deployment of Garda resources are matters for the Garda Commissioner. It is and must remain the responsibility of Garda management to allocate personnel within the Garda organisation on a priority basis in accordance with overall policing requirements.

The Garda National Drugs Unit is the primary unit within An Garda Síochána charged with responsibility for drug supply law enforcement. As at 31 January 2008 the personnel strength of the Unit was 65.

Since the publication of the Government's National Drugs Strategy 2001-2008, Garda resources in the fight against illicit drugs have increased. This is particularly evident with the creation of additional Divisional Drug Units in areas of particular need. These Drugs Units operate in Divisions throughout the country with a primary focus on local drugs activities. The total strength of the Divisional Drug Units at the beginning of the year was 314.

Both the Garda National Drugs Unit and the Divisional units are also supported in their work by officers from other national units such as the National Bureau of Criminal Investigation, the Criminal Assets Bureau and the Garda Bureau of Fraud Investigation. Furthermore, all Gardaí are tasked with confronting drugs related issues as they arise.

The assignment of Garda personnel throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed.

This takes place against the background of the unprecedented expansion of An Garda Síochána which has taken and will continue to take place.

Additional Garda resources are coming on stream all the time. These additional human resources will facilitate the Garda Commissioner in the allocation of additional manpower to areas most in need, including areas with a significant drug problem.

Finally, I can assure the Deputy that I will continue to keep the measures and resources for tackling all forms of drug trafficking under review.

The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.

As the House is aware, the Firearms and Offensive Weapons Act, 1990, prohibits possession in a public place of knives or any other articles which have a blade or are sharply pointed or any article made or adapted to cause injury. Any person found guilty of such an offence is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding twelve months or both. Possession in a public place of any article intended to cause injury to, incapacitate or intimidate a person is also an offence and carries a sentence on indictment of a fine or to imprisonment for a term not exceeding five years or both. The same penalties also apply where a person in the course of a dispute or fight produces any article capable of inflicting serious injury.

As I indicated recently, at my request, the Garda Commissioner undertook to review the current legislation pertaining to offensive weapons. I understand that this review will be finished shortly and I will fully consider any proposals it may contain.

As the Deputy is no doubt aware, I have asked the Government Alcohol Advisory Group to examine the public order aspects of the sale and consumption of alcohol and to report to me by 31 March. Among the key issues being examined by the Group is the adequacy and effectiveness of existing sanctions and penalties, particularly those relating to the sale and supply of alcohol to, and alcohol consumption by, under-age persons.

I look forward to receiving the Group's Report, and their recommendation on how best to proceed in this and related matters, by the 31 March deadline. I intend then to bring forward urgent proposals for legislative reforms which, with the assistance of both Houses, will be enacted and implemented before the Summer recess.

In December 2005, the Government agreed to put in place a series of reforms for the youth justice system. These reforms concerned all aspects of youth justice, and included the establishment of the Irish Youth Justice Service (IYJS). The principal reform in relation to juvenile detention was the transfer of responsibility for the children detention schools to the IYJS, an executive office of my Department, following an amendment to the Children Act, 2001. Another key reform was the extension of the children detention school model to all children being detained. The Government also agreed to the establishment of an Expert Group on Children Detention Schools to begin planning for the redevelopment of detention school services.

I am pleased to say that significant progress has been made in recent years. The IYJS was established in December 2005. The Children Act 2001, as amended, has been fully commenced and the transfer of the children detention schools from the Department of Education and Science to the operational remit of the Irish Youth Justice Service has been completed. The Irish Youth Justice Service has a remit which addresses all aspects of youth justice including Garda Youth Diversion Projects, Young Persons Probation Projects, detention services and general youth justice policy.

Since 1 March 2007, 16 and 17 year old girls, who would previously have been detained in the prison system, are now only accommodated in Oberstown Girls School. With regard to 16 and 17 year old boys, planning is underway to accommodate this group in children detention schools and my colleague, Mr. Brendan Smith, T.D. Minister for Children, will soon publish a report of the Expert Group on Children Detention and make a statement on the matter in the coming weeks.

I assume the Deputy is referring to cases where I am approached in my capacity as a public representative to seek assistance with the Passport Office. While I, of course, offer appropriate assistance in that regard records are not maintained which would enable me to provide the precise information sought by the Deputy.

I am informed by the Garda authorities that a dedicated firearms training range has been installed at the Garda College, Templemore and that a second similar range is being installed at a Dublin location and will be operational by April 2008. These prefabricated modular firearms ranges facilitate live fire shooting in a carefully contained indoor environment which adheres to all range safety requirements.

In addition, the Garda Síochána has two mobile firearms automated training systems for use at locations throughout the country and also has access to a total of nine Army firearms ranges around the country for the purpose of live firearms training.

A total of 30 additional posts have been sanctioned for the Forensic Science Laboratory since December 2006, representing an increase of approximately 40% in approved staffing. This substantial extension of the Laboratory's capacity takes into account the findings of the Review referred to by the Deputy as to current demands on the organisation, as well as the need to plan for the implementation of the proposed DNA database. The question of the resources required to operate the database once established, which was also examined in the Review, and to which the Deputy may be referring, will of course be addressed further as the project is developed.

I am aware of the procedures in place for judicial appointments in the United Kingdom. As the Deputy will be aware, in this jurisdiction the position is that the Judicial Appointments Advisory Board was established pursuant to the Courts and Court Officers Act 1995. Its purpose is to identify persons and inform the Government of the suitability of those persons for judicial office.

The Board consists of the Chief Justice, the Presidents of the High Court, Circuit Court and District Court, the Attorney General, nominated representatives of the Bar Council and the Law Society and three persons nominated by the Minister for Justice, Equality and Law Reform.

Section 16 of the Act provides that the Government, when advising the President in relation to the appointment of a person to a judicial office, must first consider persons who have been recommended by the Board. It is important to note that the Board cannot submit nor recommend the name of a person unless that person meets the eligibility requirements set out by law in relation to the post in question. Furthermore, the Board cannot recommend the name of any person unless in the opinion of the Board the person concerned:

has displayed in his/her practice as a solicitor or barrister a degree of competence and a degree of probity appropriate to and consistent with the appointment concerned,

is suitable on grounds of character and temperament,

is otherwise suitable,

and

complies with section 19 of the Act (this section provides that a person who wishes to be considered for appointment to judicial office must undertake in writing his or her agreement, if appointed to judicial office, to take such training as may be required by the Chief Justice or the President of the Court to which the person concerned is appointed).

Section 17 of the Act provides that the procedures do not apply where the Government proposes to advise the President to appoint to judicial office a person who is already a judge or, subject to certain conditions, holds certain European or international judicial offices as set out in section 5 of the Courts (Supplemental Provisions) Act 1961 as amended.

The Standards in Public Office Act 2001 requires applicants to certify that their tax affairs are in order. Section 22(1) of the Act prohibits the Board from recommending a person for judicial office unless the person has furnished to the Board a tax clearance certificate and a statutory declaration that his/her tax affairs are in order.

While the ultimate decision as to who should be recommended to the President for appointment to judicial office still rests with the Government, the Government's practice has been, since the establishment of the Board, to recommend only persons who have been recommended as suitable for appointment to judicial office by the Board, in other words, a person whom the Board considers, in addition to having the necessary legal qualifications and experience, has displayed competence in his/her profession, is suitable on grounds of character and temperament and is otherwise suitable.

I have no plans to alter the way in which judges are nominated or appointed. However, the operation of the law continues to be kept under review in my Department.

I can inform the Deputy that the budgetary allocation for the Probation Service for each of the past five years is detailed below, in tabular form.

The Deputy will note that there is a drop in the funding allocation for the current year. This is due to the fact that funding for Juvenile initiatives (€10.5 M.) is now under the remit of the Irish Youth Justice Service and this funding has transferred to the IYJS Vote. However, the Young Persons Probation (YPP), a division of the Probation Service, continues to work closely with the Irish Youth Justice Service in a collaborative way to deliver services to juveniles and in the implementation of the Children Act, 2001, as amended.

The detailed allocation of Garda resources, including equipment, is a matter for the Garda Commissioner to be decided on the basis of his identified operational needs. I am advised by the Garda authorities that two types of protective body armour are currently in use by Gardaí. Detectives are issued with protective vests that have bullet and stab proof properties. A total of 1,500 of these vests have been issued to date and all detectives have access to them. Uniformed personnel are issued with lighter and more flexible protective vests which incorporate bullet and stab proof properties and to date 11,500 such vests have been issued to Members.

Over the past 10 years a wide range of security measures have been put in place aimed at reducing the supply of contraband, including drugs, into our prisons. These measures include:

Tighter control and monitoring of prisoner visits in all closed prisons;

New visiting arrangements in most closed prisons, with visitors required to be pre-approved by the Governor and required to provide identification on each visit;

Greater use of screened visits;

Greater vigilance in examining mail by prison censors and searching of other items entering the prison;

Increased random searching of cells and their occupants;

Stricter searching of all persons committed to custody and prisoners returning from court, temporary release, after visits or on receipt of intelligence;

Use of modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities;

Installation of nets over exercise yards to prevent access to contraband items, including mobile phones and drugs; and

Use of phone detectors and phased installation of telephone blocking technology.

In addition, a number of new security initiatives are shortly being introduced in all closed prisons including:

The introduction of enhanced security screening for all persons (visitors and staff) entering our prisons;

The establishment of a drug detection dog service within the Irish Prison Service involving approximately 30 handling teams; and

The establishment of Operational Support Units dedicated to and developing expertise in searching and gathering intelligence on illicit material being hidden inside our prisons; they will be available in addition to the normal prison staff and can target specific security problem areas.

There are currently drug free units in the following prisons — Wheatfield Prison, St. Patrick's Institution, Castlerea Prison and Mountjoy Prison. There is also an intensive detox programme in operation in Mountjoy Prison. Allied to this the Training Unit, Arbour Hill Prison, Loughan House and Shelton Abbey are regarded as drug free institutions.

The Prison Rules 2007 which came into operation in October 2007 gave effect to section 35(2)(j) of the Prisons Act, 2007 which provides for "testing prisoners for intoxicants including alcohol and other drugs". Mandatory drug testing provides information on trends in drug misuse, enables the identification and referral of drug abusers to treatment programmes, enables enhanced focusing of resources and acts as a deterrent to drug misuse. Mandatory Drug testing will also serve to provide important information to prison management that will contribute significantly to decision making in relation to the management of individual prisoners' sentences. At present, mandatory drug testing takes place in the Training Unit, St. Patrick's Institution, Castlerea Prison, Loughan House and Shelton Abbey. All prisoners must be drug free to attend an open centre and the intention is to roll out a programme of testing to the remaining institutions during 2008.

The Report referred to by the Deputy — Review of the Gaming and Lotteries Acts 1956-86 — did not treat in detail with the question of the operation of casinos in this jurisdiction, only to the extent that it reaffirmed the position adopted by the Government in June 1996, arising from a report of a Casino Task Force established by the then Minister for Finance, not to give further consideration to the introduction of legislation to provide for casinos. In that context the authors of the report Review of the Gaming and Lotteries Acts 1956-86 felt that they were not in a position to make any recommendations regarding the area of casinos other than that: "The ban on casino-type gaming included in the 1956 Act, should be retained in the new legislation to confirm current policy in this area."

Under Irish law, gaming and gambling is illegal, except where it is specifically permitted under the 1956 Gaming and Lotteries Act. Certain gaming activities are prohibited. The prohibition identified in the report referred to by the Deputy relates to the activities that are undertaken in casino-style operations, i.e. games where by reason of the nature of the game, the chances of all players including the banker are not equal. It is by reference to this provision that casinos are not lawful in the State.

I have been informed by the Garda authorities that they are aware of a number of private clubs offering casino-like activities around the country. These private clubs are visited by the Gardaí and I am informed that to date irregularities have not been detected that would justify a prosecution under the Gaming & Lotteries Acts 1956-86. I am assured that such premises will continue to receive Garda attention and if breaches of the legislation are detected the directions of the DPP will be sought. The Deputy will, I am sure, understand that it is a matter for the Garda authorities to investigate breaches of the legislation, and to take whatever action is appropriate.

In addition, the legislation proposed to give effect to the Third Money Laundering Directive (2005/60/EC), currently being drafted as the Criminal Justice (Money Laundering) Bill 2008, will impose on any establishment providing casino-type activities, including private members' clubs, certain obligations in relation to compliance with the Directive.

As the Deputy is aware, in August, 2006, the Government agreed to the proposal of my predecessor for the establishment of a Committee (the Casino Regulation Committee) to report on the possibilities for a legislative basis for the strict regulation of casino-style operations in the State.

This Committee completed their Report in April last year. It is a lengthy document which deals with a range of complex and inter-related public policy issues. Following consultation with my colleagues in Government I am pleased to say that the Report in question will be published within a fortnight. At that time I will be in a position, also, to announce the steps I intend to take to advance the situation in the most appropriate manner. Needless to say, I do not propose to comment on the Report or any of its recommendations in advance of its publication.

I am informed by the Garda authorities that the Garda Chief Superintendent appointed to conduct an investigation into the matter concerned has submitted a report to the Garda Commissioner.

I am further informed that his report provides a comprehensive review of the actions taken by all parties in relation to the information supplied by the Austrian authorities through Interpol and makes a number of recommendations to ensure that such an occurrence does not happen in the future.

The report is currently being considered by the Garda Commissioner.

I refer the Deputy to my detailed response to Question No. 22 of 13 December last in which I outlined in detail the statutory provisions in relation to under-age consumption of alcohol.

As the Deputy is no doubt aware, I have asked the Government Alcohol Advisory Group to examine the public order aspects of the sale and consumption of alcohol, including issues relating to increased availability and excessive consumption of alcohol, and to report to me with their assessment of the best way forward by 31 March.

I intend then to bring forward proposals for changes in the law relating to the public order aspects of the sale and consumption of alcohol which will, I hope, with the support of both Houses, be enacted and implemented before the Summer recess. I will of course consider giving effect to any reforms recommended by the Group in relation to under-age consumption of alcohol in this legislation.

The Irish Prison Service has embarked on a major capital programme involving the replacement of the four prisons at the Mountjoy campus, Portlaoise Prison, Cork Prison and parts of Limerick Prison. The primary objective of this programme is the modernisation of the prison estate, a key component of which will be the provision of in-cell sanitation as a key part of each of these new building projects.

It is intended that within the next three to five years all prison accommodation will be equipped with full in cell sanitation. In this context a new fully equipped 138 place cell block is due to open at Portlaoise Prison later this year and construction is well advanced on another new block at Wheatfield which will provide 144 additional places.

The current status of the Thornton Hall Prison project is that negotiations are currently underway with a commercial consortium, which was selected following an E.U. tender procedure for the design, construction, finance and maintenance of the proposed prison facilities. This will replace the existing Mountjoy Prison.

I am pleased to advise the House that the Notice of Development and Environmental Impact Assessment in respect of the project was published on Friday 29 February 2008. A copy of the Notice of Development has been lodged in the Oireachtas library.

I propose to take Questions Nos. 171 and 477 together.

I refer the Deputies to my answer to Parliamentary Question number 224 of 31 January 2008. The position remains the same.

At the time of its enactment, the Criminal Justice (Public Order) Act 1994 represented a very substantial modernisation of the law as it then stood. The Act has operated very satisfactorily and I have no plans for a fundamental review of its provisions. However, as one would expect in an area of law such as this, it has been necessary to amend it on several occasions since its enactment. I set out the main amendments below.

Section 24 of the Housing (Miscellaneous Provisions) Act 2002 inserted Part 2A into the 1994 Act: it provided for offences relating to entering and occupying land without consent.

Section 3 of the Criminal Justice (Public Order) Act 2003 built upon the 1994 Act by providing for exclusion orders which would allow the District Court to prohibit a person, upon conviction of an offence under Sections 4, 5, 6, 7, 8 or 9 of the Act of 1994, from entering or being in the vicinity of specified catering premises between such times, and during such a period as the Court may specify.

Section 184 of the Criminal Justice Act 2006 provided for two new sections, 23A and 23B, to be inserted into the 1994 Act which provide for a fixed penalty procedure in relation to offences under sections 4 and 5 of the 1994 Act, as an alternative to proceedings being taken in the first instance.

Section 185 of the Criminal Justice Act 2006 amended Section 19 of the 1994 Act to make it an offence to assault or threaten to assault or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. It also expanded the definition of ‘peace officer' to include fire brigade and ambulance staff.

I am currently examining the judgement of the High Court in the case of Niall Dillon-v-DPP, a case relating to begging. It may be necessary to deal with that judgement by way of an amendment to the 1994 Act. I expect to be in a position to make an announcement about that shortly.

The Deputy will also be aware that the Criminal Law Codification Advisory Committee was established last year under Part 14 of the Criminal Justice Act 2006 to oversee the development of a programme for the codification of the criminal law. The Committee proposes to include public order offences in the first code instrument to be prepared as part of its work programme for the period 2008 to 2009. The Committee expects to examine the 1994 Act in that context.

I am informed by the Garda Authorities that the Garda Dog Unit, which operates nationwide although based in the Dublin Metropolitan Region, has twenty-eight dogs broken down into the following specialist categories:

As part of the Unit above, a pilot scheme is already in place in the Southern Region with two Garda handlers and four dogs (two drug dogs and two general purpose dogs) allocated to Anglesea Street, Cork and Henry Street, Limerick.

The pilot scheme is currently being evaluated before any decisions will be taken with regard to further regionalisation of the service.

With regard to the number of dogs currently deployed by the Revenue Customs Service, I understand that 12 detector dog teams are in operation with the following breakdown per region:

Of these twelve detector dog teams, ten are used for drug detection, one is trained to detect tobacco and in response to enhanced powers given to the Revenue Customs Service in the Proceeds of Crime (Amendment) Act 2005 a cash detector dog team has been deployed.

In addition to performing searches for the Revenue Customs Service, the detector dogs teams are also used in Garda drugs searches, on request. The Sligo-based detector dog team is regularly called out to assist the Gardaí in the North West region.

I propose to take Questions Nos. 175 and 183 together.

Education in prisons is delivered by way of partnership between the Irish Prison Service and a range of educational agencies from the community. Vocational Education Committees (VECs) and Public Library Services make the largest contribution to, and are the mainstay of, the Prison Education Service.

The Department of Education and Science provided an allocation of 220 whole-time teacher equivalents to the prisons through the VECs in the academic year 2007/08. This has enabled education to be provided in all prisons, as well as special teaching arrangements where prisoners are segregated (e.g. Portlaoise, Mountjoy, Wheatfield, Limerick, Midlands, Castlerea and Cork).

Other Agencies also contribute significantly to prison education, for example:

The Open University

The Arts Council

Other third-level colleges, such as the National College of Art and Design

Three full-time librarians, employed by Dublin Public Libraries, work in prisons in the Dublin area.

With regard to the curriculum objectives, methods and course content are largely those of adult education. FETAC accreditation is widely used in prison education with all prison Education Units being accepted as meeting the quality assurance standards demanded by FETAC.

Participation in education generally varies with factors such as access, facilities, turnover of population and segregation. During 2006 approximately 50% of all prisoners were involved in some education. 25% of the total prison population was intensively involved, i.e. for more than 10 hours per week of classes. This level of involvement in education whilst in prison is very high by international standards.

The Irish Prison Service places a strong emphasis on the provision of work and training activities for prisoners. Training activities are chosen to give as much employment as possible for those in prison and to give opportunities to acquire skills which will help them secure employment on their release. There are a wide range of training workshops operating within the institutions e.g. metalwork, printing, computers, braille, woodwork, construction, industrial contract cleaning, craft, horticulture, electronics etc. In addition, the work and training function covers such essential services as catering and laundry services. The environmental waste management programme and the health and safety function also operate under the aegis of the work and training service. External accreditation of certified training is available for a number of courses run within the institutions.

The Work Training Service comprises an authorised complement of over 250 posts. Currently, there are over 90 workshops operating, actively catering for in excess of 800 prisoners each day.

Ireland was in the first group of countries to sign, subject to ratification, the UN Convention on the Rights of Persons with Disabilities when it opened for signature on 30 March, 2007.

A high-level, cross-departmental implementation group was established in 2007 to advise on any changes to the Government's National Disability Strategy that may be required to enable the State ratify the Convention. This group has developed a work programme to address matters that need to be aligned with the UN Convention in order that ratification may take place.

It is the Government's intention that the Convention will be ratified by Ireland as quickly as possible, taking into account the need to ensure that all necessary requirements under the Convention are being met.

In so far as my own Department is concerned, there is a need to reform the law on legal capacity of vulnerable adults. The Government's Legislative Programme contains a commitment to bring forward a Mental Capacity Bill. That Bill is an important element of the programme of work on the Convention. I am glad to report that the Scheme of the Bill is at an advanced stage of development in my Department.

Question No. 177 answered with Question No. 147.

I am not aware of any particular demand from migrant groups for the holding of an event such as that suggested by the Deputy.

A number of events, stressing the cultural heritage of various migrant groups are currently held both at a national and local level. Such events allow communities to learn about each other's backgrounds and cultures.

Integration, however, implies that new cultures and traditions become part of a unified society. For that reason, I believe that considerable advantage lies in inviting new communities to participate in local and national parades thus emphasising the unification aspect of integration.

The Minister of State, Conor Lenihan, T.D. who has responsibility for integration policy, shares my views on this matter.

I am informed by the Director General of the Irish Prison Service that the statistics as requested by the Deputy for the last 10 years are as follows:

The compilation of statistics relating to all offences for which prisoners have been convicted in the context of their current sentences or previous ones, if applicable, on an individual prisoner basis, would require a disproportionate and inordinate amount of staff time and effort to prepare and could not be justified in current circumstances where there are other significant demands on resources.

I can inform the Deputy that there were 71 persons listed as being unlawfully at large on 4 February, 2008 having absconded from an open centre since 1998. I can also advise that there were 2 persons listed as being at large having absconded while being supervised on an external work party and a further 4 prisoners who absconded while on a supervised outing with a staff member such as a chaplain, again each case post dates 1998. In addition there are 3 persons at large having escaped from the custody of prison officers since 1998.

In most cases of absconsion, the offender is very much at the lower end of the risk to the public spectrum. An Garda Síochána is in regular contact with the Irish Prison Service in relation to a range of operational issues, including prisoners who have escaped or absconded. The Gardaí are informed where prisoners are unlawfully at large and have the power to detain, arrest, and return such persons to prison.

Literacy work has been a strong element of the Prison Education curriculum since the early 1980's. The literacy curriculum concentrates on the needs of the individual and respects the adult status of the student, his/her prior knowledge, skills and life experience. It is also concerned with improving self-esteem and building confidence.

During the academic year 2007/08, the Department of Education and Science has provided an allocation of 220 whole-time teacher equivalents to the prisons.

An Adult Basic Education Development Worker is employed with specific responsibility for implementing and supporting developments and initiatives in the area of literacy, numeracy, English for speakers of other languages and basic education. Because of the literacy deficit of the prisoner population, literacy work forms an element of more than just the timetabled literacy classes. All teachers are aware of the literacy needs and these are dealt with as part of the general coursework of prisoners. This is a very effective method of linking the literacy learning programme of prisoners to an area they can engage with and is widely used in adult education.

The Irish Prison Service is implementing the new assessment framework devised by the National Adult Literacy Agency; "Mapping the Learning Journey", an assessment framework that identifies learner progress, provides tangible feedback and indicates areas on which to focus. It is a useful tool for both learning and teaching.

Progress has been made linking the education and training needs of prisoners since 2003, with the literacy action plan prepared by the prison education unit of each prison becoming one vehicle for integrating the efforts of the education and training sectors in prisons. Peer tutoring, promoting family literacy and developing post-release support for prisoners who undertake literacy tuition in prison are also promoted by the Prison Education staff wherever feasible.

Each student coming into the Prison Education Centre will have an individual interview to assess his/her educational needs and interests. Those with literacy difficulties are prioritised and slotted into class almost immediately. Every effort is made to publicise literacy classes and encourage as many prisoners as possible to avail of classes.

The Deputy will acknowledge that whereas the 2006/2007 Annual Report of the Irish Prison Service Chaplains contains certain criticisms of the prison system it also rightly recognises the significant progress that is being made in improving the system. The Report highlights and welcomes some of the major developments which have taken place in the period covered by the Report. In particular, the Report welcomed the advances that are being made in enhancing the range of rehabilitative services within the prisons and the provision of additional staffing to support these activities.

There are a number of other important issues raised in the Report to which the Deputy refers, and I would like to take this opportunity to respond to some of these:

Sentence Management

The Irish Prison Service is currently planning for the roll out of Integrated Sentence Management (ISM), which will be funded under the National Development Plan, starting in 2008 and delivered progressively over the lifetime of the Plan. The end result will see a prisoner-centred, multidisciplinary approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress.

Sex Offenders Programme

With regard to the Sex Offender Programme, there is no question of any sex offender who wishes to participate on this programme being denied a place due to the lack of availability. The Irish Prison Service will provide as many programmes for these offenders as are required. It should also be noted that in addition to the men currently undertaking that programme, circa sixty other sex offenders have participated during the last year in one-to-one work related to their offending.

Reintegration

In relation to the Report's comments on reintegration, the Irish Prison Service, in partnership with community based groups, has developed a number of projects supporting prisoner reintegration in recent years. These projects have focused on the range of issues facing prisoners on their release such as homelessness, unemployment etc.

Education

Educational services are now available at all institutions and are provided in partnership with a range of educational agencies in the community including the VECs, Public Library Services, Colleges and the Arts Council. During the academic year 2007/08, 220 whole-time-equivalent VEC teachers are the main providers of these education programmes.

St. Patrick's Institution

As the Deputy will note, the Chaplains' Report commends the recent efforts by the prison management at St. Patrick's Institution to improve conditions there, including the improved educational facilities and the provision of separate accommodation and education units there for those under 18 years and those over 18 years.

Drugs Policy

The Chaplain's Report also welcomed positive developments in the area of drug treatment. Significant additional resources have been dedicated to enhancing the range and quality of drug treatment services in the prison since the launch of the Irish Prison Service Drugs Policy ‘Keeping Drugs Out of Prisons' in 2006. This has included the appointment of additional Addiction Nurses, Psychologists and Prison Officers and the awarding of a contract for the provision of 24 Addiction Counsellors. The range and quality of drug services in prisons has been significantly improved and the Irish Prison Service will continue with their phased implementation of the policy of investing in these services.

The application from Desmond Ability Resource Complex, under the Access Skills and Content (ASC) Initiative which is administered by my Department, in common with the other applications received, was assessed against the published criteria (copy available at http://www.taoiseach.gov.ie). An initial evaluation based on the material submitted, was carried out by the Information Society Policy Unit of my Department and then by a Committee comprising relevant experts from other Departments and agencies.

The information, provided in the application did not establish a sufficiently strong case to secure the funding sought, given the limited resources available and the other applications received. A further call for proposals will issue shortly in respect of the 2008 allocation for eInclusion and in that context there may be scope to provide a further opportunity for an application of this nature.

The Taskforce on Active Citizenship completed its work in March 2007 and presented a set of recommendations to Government on measures that could be taken to increase active citizenship and civic participation.

The Government agreed in principle to the recommendations and is proceeding to implement them. To achieve this, an Office of Active Citizenship has been established in my Department and is currently developing a plan to implement the recommendations, following consultations with relevant Government Departments.

The Heads of Departments, in examining the implications of the Taskforce's recommendations, have identified how their existing strategies and programmes take account of the Taskforce recommendations. These are being considered by the Office with a view to presenting an implementation plan to Government over the coming months.

There has been a hugely positive response from both public and private stakeholders in pursuing the active citizenship agenda which I believe will ensure more vibrant, sustainable community life in the years to come. In particular, the Office, which is chaired by Ms. Mary Davis, continues to consult with various business interests in order to encourage greater connectivity to the community through this sector. Building on existing initiatives, there is a significant contribution this sector can make to communities nationwide.

Consultations are also being held with the wider educational sector with particular regard to raising awareness of the potential for service learning and volunteering.

The projections, which were published in December 2004 and relate to the 2002 Census, provided from a (then) current perspective two contrasting scenarios to reflect the likely range of possible outcomes in respect of international migration. No explicit assumptions were made in respect of expected growth in the economy. Instead, two migration assumptions M1 and M2 were framed by the Expert Group in such a way as to give a likely range for migration over the projection period, having regard to recent experience across a range of factors such as the structure of the population and likely national and international trends in relevant areas.

Issues that were taken into consideration in framing the two scenarios included:

the capacity of our infrastructure to cope with continuing high population growth;

reduced labour supply due to the decline in births in the 1980s and 1990s;

demographic ‘pull' factors arising from a more rapidly aging population structure in other European countries;

sharply decreased pool of Irish migrants living abroad.

Updated projections based on the 2006 Census have been finalised and will be published shortly.

In line with the commitment we have made in the Programme for Government, we are currently finalising arrangements for an enterprise audit to review the use of existing and redundant agricultural buildings and manufacturing plants in rural areas.

As the Deputy will appreciate, this is a comprehensive undertaking involving a number of state agencies and Government Departments. Final arrangements have yet to be made, but I can assure the Deputy that it will be completed during the lifetime of this Government.

I am happy to inform the Deputy that the Department of Community, Rural and Gaeltacht Affairs will coordinate with the Department of Enterprise, Trade and Employment and Department of Agriculture, Fisheries and Food.

This Government is fully committed to creating vibrant rural areas nationwide with a strong agriculture and enterprise sector. In previous Governments I have been privileged to lead, we have placed a new emphasis on the development of rural areas. Under this Government, we have continued and strengthened this commitment up to 2012.

I propose to take Questions Nos. 189 and 190 together.

The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area.

If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

I understand that the Deputy is referring to the Special EU Programmes Body (SEUPB), one of the six North South Implementation Bodies set up under the Good Friday Agreement. Its primary role is to manage two cross border European Union funded programmes, the PEACE programme and the Ireland/Northern Ireland/Scotland INTERREG programme. The SEUPB reports to the North South Ministerial Council.

I have been informed that the organisation referred to is in receipt of funding under the PEACE II Programme.

The SEUPB has no function in relation to general Departmental funding. However, there will be further EU funds available under the PEACE III Programme. The total amount of funding available in the PEACE III programme is €333 million. This amount is divided between the three priorities of the programme, Priority 1, Reconciling Communities, has been allocated €191 million, Priority 2, Contributing to a Shared Society, has been allocated €122 million and Priority 3, Technical Assistance, €20 million. The SEUPB is the Managing Authority for the new programme and further details in relation to it and the processes to be followed in applying to the programme are available from the SEUPB website at www.seupb.org.

I am advised by the Revenue Commissioners that the Customs Service currently deploys 12 detector dog teams at strategic locations throughout the country. All these dogs were initially trained in the UK. It normally takes between 8 and 12 weeks to train a detector dog. This is followed by joint training of the officer and the dog together, which takes up to a further 9 weeks. The final part of this training involves orientation and deployment in the actual working environments in the State where the dog will be used. Continuation and refresher training is also provided on an ongoing basis. The dogs are used to detect drugs, tobacco and cash. Passive dogs are used as this allows for the screening of passengers as well as merchandise and baggage.

In keeping with their commitment to the Government's National Drug Strategy, the Commissioners have considerably enhanced their drug detection capability in recent years on a number of fronts. In respect of detector dog teams alone, the number of these has been increased from 6 in 1993 to 9 in 2003 and now stands at 12. The Commissioners constantly monitor and review the effectiveness of resource deployment and allocate additional resources, where there is a need to do so.

The Commissioners also believe in ensuring the detector dog teams maintain a high public visibility at the ports, airports, postal depots and freight forwarders' premises in which they routinely operate. The Customs' detector dogs also assist an Garda Síochána, whenever requested to do so.

I propose to take Questions Nos. 193 and 195 together.

In the context of the approaching Centenary of the Easter Rising and having regard to the significant commercial developments taking place in the area, the Government has arranged for a consideration by officials, co-ordinated by the Department of the Taoiseach, of the regeneration of the General Post Office and the possibilities for development of cultural and amenity facilities in the complex.

This is a preliminary study to assess the potential and to contemplate the critical time path of any development, the possible costs involved and the implications arising for the operations of An Post. The conclusions of the study will be presented in the first instance for the consideration of Government and then brought to the Oireachtas Consultation Group on the Centenary of the Rising.

The study will require several months and a timetable for any ensuing project would be assessed later.

Where a parent transfers a site to a child for the purpose of constructing the child's principal private residence, relief from Stamp Duty applies where market value of the site does not exceed a specified threshold.

The threshold was increased to €500,000 in respect of disposals made on or after Budget day (5 December 2007).

Question No. 195 answered with Question No. 193.

I can confirm that there has been no change in the policy under which persons who have a proficiency in Irish are awarded credit in promotion competitions for such proficiency and no new circulars modifying the application of the policy have been issued by my Department. However, the overall arrangements under which candidates are awarded credit for proficiency in Irish is currently under review in consultation with the unions represented at the civil service general council.

I propose to take Questions Nos. 197 and 198 together.

The 2003 EU Energy Tax Directive incorporated special derogations which allowed specific excise duty reliefs to be applied in a number of Member States. In the Irish context, these derogations allowed for reduced rates to apply to fuel used for public transport services which includes school transport services.

While these derogations expired on 31 December 2006, Ireland, along with other Member States, sought retention of its derogations beyond that date. However the European Commission, who are the deciding authority, has refused all such requests.

Consequently, as the Deputy may be aware, the Finance Bill 2008 includes the legislative changes to withdraw the relief in respect of fuel used for public passenger transport vehicles. The relief will be withdrawn with effect from 1 November 2008 and the appropriate full excise rates will apply from that date.

However, the Department of Transport and other relevant line Departments are, in conjunction with my Department, exploring alternative mechanisms that may be used to direct Exchequer resources toward such services from that date, subject of course to compatibility with EU State Aid requirements.

As the Deputy is aware, the data relating to the numbers paying tax at the higher rate, the standard rate and exempt were set out in my reply to her question on 26 February 2008. An explanation as to why the data are presented in this way is contained in the 2007 Budget booklet, pages C.23 to C.28.

As I indicate in my previous reply on 26 February 2008, what matters to earners is the amount of their earnings that they keep in their pockets. For all income earners, whether single or married, the position is that their take home pay has increased very significantly in real terms over the last ten years.

As indicated in An Agreed Programme for Government, the aim over the term of Office of this Government is to keep the overall tax burden low and implement further changes to enhance the reward for work while increasing the fairness of the tax system.

The area and method of sale of the properties released in Dublin are shown in the following table.

The above disposals have realised €355.6m. In addition, four properties valued at €75m were transferred to the Affordable Homes Partnership.

In addition to the above, space has been freed up by a number of Departments in Dublin following a series of relocations under the Decentralisation Programme.

The OPW, in consultation with the relevant Departments, is in the process of compiling a schedule of the space freed up which will distinguish between space which:

1. has been reallocated to meet new requirements;

2. has been reallocated to meet shortfalls in existing accommodation provisions;

3. is available for reallocation/disposal.

I propose to take Questions Nos. 201 to 203, inclusive, 206, 209, 211, 213 and 216 together.

The position is that in matters relating to the VAT rating of goods and services, I am constrained by the requirements of EU VAT law with which Irish VAT law must comply. In this regard, I would point out that the rate of VAT that applies to a particular good or service depends on the nature of the good or service and not on the status of the consumer. In this instance, there is no provision in EU law that would permit the removal or reduction of VAT based on the social or economic status of the consumer or sporting, voluntary, local or community based groups.

In relation to the VAT rate that applies to defibrillators, the position is that under the VAT Directive, Member States may retain the zero rates on goods and services which were in place on 1 January 1991, but cannot extend the zero rate to new goods and services. The zero VAT rate cannot therefore be applied to defibrillators which are subject to the standard rate.

In addition, Member States may only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. While Annex III does include the supply of medical equipment for the exclusive personal use of a disabled person, it does not include defibrillators for general use. The reduced rate cannot be applied to the supply of defibrillators.

Therefore the only rate of VAT that can apply to the supply of defibrillators is the standard VAT rate which in Ireland is 21%.

I am advised by the Revenue Commissioners that in this case stamp duty has been charged at the rate appropriate to investors. In order to consider the question of a refund, the Revenue Commissioners wrote to the persons in question in July 2007 and again in January 2008 seeking further information in support of their claim. This information has not been received to date. On receipt of a reply the claim for a refund will be considered.

I am advised by the Revenue Commissioners that Revenue's Customer Service Charter reflects the mutual expectations of Revenue and its customers and seeks to ensure that the organisation conforms to the highest principles of professional public service. Revenue measures its performance against the standards set out in the Customer Service Standards document.

The results for 2007 will be published in Revenue's Annual Report for 2007 due out in April next. The published Standards and the service Standard results for 2006 & 2005 are as follows:

The Charter and Customer Service Standards documents are available on Revenue's website www.revenue.ie.

I am advised by the Revenue Commissioners that they recently became aware that the German tax authorities have access to a list of individuals holding funds in a financial institution in Liechtenstein. That jurisdiction is one of three jurisdictions which has been listed by the OECD as an uncooperative tax haven. Revenue inform me that they have initiated enquiries with the German tax authorities to establish whether any Irish residents appear on this list.

I am advised by the Revenue Commissioners that it is their policy and practice to encourage and support voluntary and timely compliance both as regards the filing of returns and the payment of taxes due.

Where a person or business experiences particular short-term cash flow difficulties which impact on the capacity to meet the relevant tax obligations, Revenue encourages such an individual or business to make contact with the Collector-General at the earliest opportunity. The Collector-General would be prepared to explore any reasonable proposals that would bring about full compliance with the tax obligations. Such proposals may include a phased payment arrangement, but such an arrangement would include interest. The specific proposals for phased payments in any individual case would depend on the overall circumstances, including the health of the business, and would be discussed with the taxpayer and/or his agent.

Primary responsibility in relation to the prevention of flooding to property adjoining rivers rests with the owners of the property. In the case of channels that were included in a scheme carried out under arterial drainage legislation the Office of Public Works or the relevant County Council have a maintenance responsibility. The channels referred to were not part of any such scheme.

I have been advised by the Revenue Commissioners that the taxpayer is jointly assessed with her spouse for income tax purposes. Her spouse is self-employed and therefore, as a chargeable person, is obliged to submit an annual tax return. Following receipt of a completed tax return, a notice of assessment is issued to the taxpayer's spouse and any tax overpaid by the taxpayer may then be refunded. The taxpayer was employed and paid tax in the years 2004, 2005 and 2007. However, completed tax returns for the years 2004 and 2005 are outstanding. These have been previously requested from the taxpayer's spouse. A completed tax return for 2007 is also outstanding and is due to be filed by the taxpayer's spouse on or before 31 October 2008. On receipt of these outstanding tax returns, the taxpayer's entitlement to a tax refund can then be determined.

I am advised by The Revenue Commissioners that an application for a subcontractors certificate (Form C2) was received from the taxpayer on 6 February 2008. On 12 February 2008 the application was returned to the taxpayer advising him that as he was not registered as self employed his application could not be processed. He was advised as to how to register as self employed and was supplied with the relevant form for completion.

On 15 February 2008 the taxpayer returned the completed application and he was registered as self employed on 20 February 2008. On 22 February 2008 the C2 application was processed. Revenue will advise the taxpayer when his certificate is available for collection. This contact will be made in the course of the next few days.

My Department and its agencies have implemented or are in the process of implementing measures to reduce their carbon footprint in 2007/08.

The Office of Public Works it is currently engaged in a multifaceted strategy to reduce carbon dioxide emissions and the overall carbon footprint of Government occupied buildings, as follows:

A state wide staff energy awareness campaign entitled "Optimising Power @ Work" in 250 large state office buildings. The target is to reduce carbon emissions by an average of 15% in each building over the course of the project.

A Heating Fuel Conversion Programme to convert the heating systems of approximately 20 large state buildings from their existing fossil fuel burners (oil/natural gas) to biomass burners. The biomass fuel will be in the form of Wood Pellets or Wood Chips. Apart from the obvious benefit that biomass provides, the conversion programme is intended to stimulate the native production of these fuels.

Maximising energy efficiency through the design and construction of newly commissioned buildings.

In relation to my Department and the other offices and agencies under its aegis, I have been informed that a range of measures are being implemented to reduce the carbon footprint of these offices and agencies, including:

Energy audits and energy awareness campaigns.

Increased sourcing of energy from renewable source.

Recycling policies in relation to paper and other materials with every effort made to purchase eco-friendly products.

The use of green energy efficient IT servers and of virtualisation technology to consolidate the number of servers required.

Use of software products that automatically shut down personal computers according to a centrally controlled schedule.

The Deputy's question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

The Health Service Executive administers the Local Government Superannuation Scheme and therefore is the appropriate organisation to address the Deputy's query. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

I propose to take Questions Nos. 219 and 285 together.

I met with Muscular Dystrophy Ireland in October last year. I wish to assure you that I am very aware of the situation for the families with children suffering from Duchenne Muscular Dystrophy. I am aware also of their hopes regarding a proposed clinical trial led by the MDEX consortium in the UK. The funding of health research being carried out in the UK is not appropriate to the Good Friday Agreement, North South Ministerial Council or the INTERREG Programme, as referred to by the Deputy in his questions. The Department of Health and Children does not directly fund research and I have recommended that the researchers apply to the Health Research Board for joint funding of the proposed trial. However, the researchers would of course have to compete with all the other proposals being received by the Health Research Board.

I understand that Muscular Dystrophy Ireland held the first information day on "Advances in the Care of Duchenne Muscular Dystrophy" for families and doctors last Sunday 2nd March. I was pleased to be able to support Muscular Dystrophy Ireland by providing over €9,000 towards the costs associated with the information day.

I propose to take Questions Nos. 220, 235 and 241 together.

There is no statutory obligation on the Health Service Executive (HSE) to provide chiropody services to GMS patients; however in practice arrangements have been made in several regions to provide these services. Before the establishment of the HSE the nature of any arrangements for community chiropody services and the level of service provided were a matter for individual health boards and so a degree of variation in practice developed over time. I understand that priority is usually given to certain groups of people, including people who are medical card holders aged 65 years and over. In several regions the service is provided by private chiropodists by arrangement with the HSE.

My Department is currently preparing legislation to clarify and update existing legislation on eligibility for health and personal social services. The Bill will define specific health and personal services more clearly; define who should be eligible for what services; set out clear criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework.

I consider that it is inappropriate for private chiropodists who are providing services on behalf of the HSE to charge patients a top-up fee, and I have conveyed this view formally to the HSE. My Department requested the HSE to review the fee arrangements in place for the provision of chiropody services, with a view to ensuring that such additional fees will no longer be levied on persons in receipt of this service. While considerable work has taken place to develop arrangements which would ensure that no top-up charges are applied, it is necessary to ensure that any such arrangements and the process by which they are arrived at comply with the terms of the Competition Act 2002.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to have a reply issued directly to the Deputy in relation to the matter raised.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Subject to overall parameters set by Government, the Health Service Executive has responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is therefore the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy directly.

The Government is committed to the full implementation of "A Vision for Change" the report of the Expert Group on Mental Health Policy and has accepted the report as the basis for the future development of mental health services. Although "A Vision for Change" does not specifically mention gender based violence, it identifies violence as one of the risks that may lead to mental health problems. The Report recommends a mental health system that addresses the needs of the population through a focus on the requirements of the individual and that mental health promotion programmes should particularly focus on those interventions known to enhance protective factors and decrease risk factors for developing mental health problems.

The Womens Health Council Report ‘Violence Against Women and Health', 2007 made recommendations in relation to: training of health professionals in dealing with violence against women, improved screening and counselling of women presenting at health services for violence against women, strengthening the advocacy role of the health services, and improved data collection.

Implementation of these recommendations is the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The distribution of funding for the provision of services to women victims of violence and the provision of health and personal services is a matter for the Health Services Executive. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The placement of vending machines in hospitals and other health facilities is a matter for the Health Service Executive and the management of the individual hospital or facility concerned. I am aware that the installation of vending machines gives rise to a debate in the context of the supply of foodstuffs and beverages on healthy food choices. In this context, I should add that the National Taskforce on Obesity, which reported in 2005, recommended that the health sector in their strategic planning and delivery should advocate and lead a change in emphasis from the primacy of individual responsibility to environments that support healthy food choices and regular physical activity. The provision of healthy choices must therefore be a key consideration where food is provided in hospitals or in other health facilities.

My Department has asked the Health Service Executive to examine the issues raised by the Deputy and to reply directly to him.

I would like to assure the Deputy that tackling all Health Care Associated Infections (HCAIs), including MRSA continues to be a priority for the government and for the Health Service Executive (HSE).

The HSE launched a National Infection Control Action Plan in March 2007. An Infection Control Steering Group, chaired by Dr. Pat Doorley, National Director (Population Health) is responsible for overseeing the implementation of the plan. Over the next three to five years, the HSE aims to reduce HCAIs by 20%, MRSA infections by 30% and antibiotic consumption by 20%. Achievement of these targets will benefit all patients who are at risk. These targets will be achieved through the development of national and local level action plans to reduce the potential for spread of infections between persons in healthcare settings, and, in addition, will focus on reducing antibiotic use in Ireland. The Steering Group is supported by eight Local Implementation Teams which will ensure that all local facilities are focused on achieving the national targets.

A National Surveillance System has recently been established by the HSE to collect data and provide information on a quarterly basis on four key areas, to monitor HCAIs in our health system: Staphylococcus bacteraemia; Antibiotic consumption; Alcohol gel use; MRSA surveillance in Intensive Care Units.

The HSE intend to publish available data on the above for 2006 and 2007 in April this year and then quarterly thereafter. The data will be listed by individual hospital and in due course also by each Local Health Office. This will greatly assist in the monitoring of improvements in infection control. It will in particular highlight recent trends in the key areas identified and represent a benchmark against which we can assess progress in the future and particularly when and where that progress is being achieved.

Improvements on hygiene are critical to effective infection control. The Health Information and Quality Authority (HIQA) undertook a comprehensive review of hygiene in our hospitals in 2007 against hygiene standards developed by the Irish Health Services Accreditation Board. HIQA published its report, the National Hygiene Services Quality Review, on 13th November 2007. The report represents a thorough assessment of how hygiene services are provided and managed in 51 HSE-funded acute care hospitals. Hospitals generally performed well on hygiene in the service delivery area. Most hospitals achieved either extensive or exceptional compliance with the standard in the service delivery section of the report. However, the results were poor on governance. While the good hygiene practice of front line staff highlighted in the report is vital, real improvement in this whole are also depends heavily on good leadership and a system of governance. HIQA is currently working with managers and clinicians to develop national standards for Infection Prevention and Control. When completed these, along with the national hygiene standards, will provide a comprehensive framework to help reduce the spread of infection and improve the quality of our health care.

The availability of isolation facilities is an important factor in the overall solution to the issue of reducing incidence of infection. I have instructed the HSE that designated private beds should be used where isolation facilities are required for patients who contract MRSA and this policy has been adopted by the HSE. New environmental building guidelines have been prepared by the HSE to inform infection control policy in all new builds and refurbishments. A process of consultation on the draft guidelines is currently on-going. The HSE is committed to ensuring that such facilities are in line with best international practice including the provision of adequate numbers of single units.

While accepting that not all HCAIs are preventable, I am satisfied that significant steps are being taken to reduce the rates of infections and to treat them promptly when they occur.

Operational responsibility for the management and delivery of health and personal social services was assigned to the HSE under the Health Act 2007 and funding for all health services, including infection control, has been provided as part of its overall Vote. The public advertisement campaign referred to by the Deputy was undertaken by the HSE. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to have the matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE's responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. The Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

The Minister met with the Irish Thalidomide Association on 17th January 2008 and she decided to refer the five individuals claiming exposure to thalidomide in Ireland for clinical assessment using the services of an independent international medical examiner. Officials of the Department have been in touch with Dr Peter Kohler, Stockholm, Sweden and I understand that he is willing to undertake the clinical assessment at the Red Cross Hospital, Stockholm and provide his expert opinion on each individual case. The Department is in contact with Dr Kohler with regard to his requirements prior to assessment and arrangements for carrying out the assessment. The Department has been in contact with the five individuals and will contact them further when the arrangements are in place.

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further €50m investment which was announced in the 2008 Budget. The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further €50m investment which was announced in the 2008 Budget. The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

The management of out-patient waiting lists is a matter for the Health Service Executive (HSE) and the individual hospitals concerned. However, in 2005, at my request, the National Treatment Purchase Fund (NTPF) set up a number of out-patient pilot projects. These have been operating successfully in a number of hospitals around the country for various specialties.

Public hospitals are invited by the NTPF to participate in the out-patient pilot scheme to treat public patients who are waiting longest for first time appointments with a consultant. The NTPF is currently accepting and agreeing proposals from public hospitals for 2008. It is planned that up to 13,500 out-patient appointments will be offered this year under this scheme. My Department has requested the Parliamentary Affairs Division of the HSE to arrange to have this case investigated and to have a reply issued directly to the Deputy

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Patients waiting more than three months on a surgical waiting list may qualify for treatment under the National Treatment Purchase Fund. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Entitlement to health services in Ireland is primarily based on residency and means. Any person, regardless of nationality, who is accepted by the Health Service Executive (HSE) as being ordinarily resident in Ireland is entitled to either full eligibility (Category 1, i.e. medical card holders) or limited eligibility (Category 2) for health services.

In general, a person should be regarded as being ordinarily resident in Ireland if he or she satisfies the HSE that it is his/her intention to remain in Ireland for a minimum period of one year. A national of an EU country who is employed or self-employed in Ireland, is entitled to either full or limited eligibility regardless of the duration of his/her residence in Ireland. Therefore, nationals of Romania and Bulgaria who are legally working in Ireland are entitled to either full or limited eligibility and may apply for a medical card in the normal way.

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70, who have an automatic statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5's and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further €50m investment which was announced in the 2008 Budget. The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

I propose to take Questions Nos. 246 and 247 together.

Almost 130,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other health care professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the health care needs of the population into the future.

There has been a growing demand for, and investment in, physiotherapy services over the last number of years. A particular priority for this Department and the Department of Education and Science in recent years has been the expansion of the supply of therapy graduates. Training places for physiotherapists have increased by 137.5% since 1997 (from 64 to 152). My Department has worked closely with the HSE in the provision of clinical placements for these students; an essential component of the therapy degree programmes.

I am aware that an issue has arisen whereby some physiotherapy graduates have had difficulty in obtaining employment. My Department has been addressing this situation in a proactive manner over the last year with a view to ensuring that the various factors which contributed to it are addressed. In this regard, the Department has chaired a working group with the HSE comprising the relevant stakeholders and has identified the contributing factors to this complex situation. An Action Plan has been developed to address these matters and the situation is being closely monitored.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore the Executive is the appropriate body to consider the matter in relation to waiting lists for access to physiotherapy services raised by the Deputy. My Department has requested that the Parliamentary Affairs Division of the Executive investigate the matter and issue a reply directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

My Department provided funding of €0.094m to the Mid-Western Health Board for Oncology specific capital developments at Limerick Regional Hospital during 2003. In addition, funding of €12.425m in 2003 and €6.104m in 2004 was provided to the Mid-Western Health Board to support a range of minor capital initiatives, including equipment replacement across the Board's area, including any such projects at the Mid-West Regional Hospital.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore the Executive is the appropriate body to consider the particular matter raised by the Deputy in relation to the period from 2005 to date. My Department has requested that the Parliamentary Affairs Division of the Executive investigate the matter and issue a reply directly to the Deputy in relation to developments at Limerick Regional Hospital.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

As the Deputy will be aware, I have responsibility for the National Child Care Investment Programme 2006-2010 (NCIP) which, together with the earlier Equal Opportunities Child care Programme 2000-2006 (EOCP), are implemented by the Office of the Minister for Children.

The main supports the Government makes available to parents to assist them with their child care costs are Child Benefit and the Early Child care Supplement. The latter payment is the responsibility of my Office, and it alone is expected to amount to expenditure of over €500m in 2008. These payments are universal and benefit all parents, regardless of their income, labour market status or the type of child care they choose. In addition to these universal supports, Government child care policy has also recognised the need to target additional supports towards disadvantaged families including supports under the Community Child care Subvention Scheme 2008-2010 which has been introduced under the NCIP. As far as I am aware, the Department of Education and Science does not at present have any proposal to administer pre-school services or fund pre-school teachers as part of the general education system.

The Community Child Care Subvention Scheme (CCSS) was introduced in January 2008 and has an allocation of €154.2 million over the next 3 years. The Scheme provides an effective framework for the continued targeting of additional resources towards disadvantaged parents and their children while continuing to support community child care services generally and complementing the universal supports in place for all parents. Under the scheme, the level of grant aid which individual services qualify for will reflect the level of service they provide and the profile of the parents benefiting from their service. Services are required to ask parents using their services to complete a simple declaration form which is to be included in a return to my Office and on which basis the level of subvention for each service will be determined. The subvention received by services is, in turn, reflected in the reduced fees for parents who qualify as disadvantaged under the scheme.

When I announced the framework for the Community Child Care Subvention Scheme in July of last year, I signalled my intention to undertake a review of the Scheme on the basis of the more detailed and comprehensive data which was to be forwarded to my Office in October 2007 as part of the application process. I am pleased to advise the Deputy that the review was completed last December and the following adjustments to the scheme were approved by the Government: the child care subvention rates, which form the basis for assessing the level of grant funding payable to community child care services, were increased from €80 to €100 per week in the case of Band A parents and from €30 to €70 per week in the case of Band B parents; services will also be grant aided to enable them to provide reduced child care fees for parents in Band C who are marginally above the Family Income Supplement (FIS) threshold and low income parents who qualify under this measure will benefit by €45 per week per full-time place; where a parent moves to a lower Band (e.g. from social welfare into employment), the subvention paid in respect of them will be withdrawn on a tapered basis with the effect that where a parent would no longer qualify for a Band A payment, he or she will be treated as a Band B parent in the following year; special provisions will be provided for in the case of child care services where, for valid reasons, it is not possible to assess grant funding on the basis of annual parental declarations alone (e.g. women's refuges, special services for children of drug misusers) and, in exceptional cases, where special levels of funding provision may be required; in recognition of the on-going input of the community and voluntary sector, and to provide stability for services which would otherwise receive very low levels of grant subvention (e.g. small rural services) a minimum annual grant level of €20,000 was introduced; as a transitional measure during 2008-2010, services which could otherwise face a significant decrease in their existing level of grant support from July 2008, will continue to receive grant aid equal to not less than 90% of their previous grant level during July-December 2008, equal to not less than 85% of that amount in 2009, and equal to not less than 75% of that amount in 2010. The transitional grant funding is conditional on all requirements of the Scheme being complied with, including the return of annual applications together with completed parent declaration forms and the implementation of tiered fees based on the subvention levels for Band A, B and C parents.

The changes which have been introduced will ensure that the most affordable child care is available to families according to their means. Put simply, the tiered fee structure is the most effective way of ensuring that the considerable and ongoing Government support for the community child care sector, will be targeted at those who need it most. I am sure that the Deputy will agree that, with an allocation of €154.2 million over a 3 year period for the Community Child care Subvention Scheme, the Government is continuing to offer very generous support to this important sector of Ireland's child care infrastructure.

Full eligibility for health services is granted to persons who, in the opinion of the Health Service Executive are unable to provide general practitioner, medical and surgical services for themselves and their dependants without undue hardship, with the exception of persons aged seventy years and over, who are statutorily entitled to a medical card. Persons with full eligibility are entitled to general practitioner services, prescribed drugs, medicines and appliances, all in-patient public hospital services in public wards including consultant services, all out-patient public hospital services including consultant services, dental, ophthalmic and aural services and appliances, child health services, home nursing and a maternity and infant care service. Determination of an individual's eligibility status is the responsibility of the Health Service Executive.

Other services such as allied health professional services may be available to medical card holders but are not based on a statutory entitlement. Medical card holders may also be entitled to free transport to school for children who live 3 miles or more from the nearest school, exemption from state examination fees in public second-level schools and financial help with buying school books. They are also exempt from paying the health levy.

My Department is currently preparing legislation to clarify and update existing legislation on eligibility for health and personal social services. The Bill will define specific health and personal services more clearly; define who should be eligible for what services; set out clear criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework. It is expected that proposals will be submitted to Government in the first half of 2008.

The introduction of a State funded, nationwide pre-school system for all children is a matter on which I have not had specific discussions with the Minister for Education and Science and, as far as I am aware, there are no proposals at present to introduce such a system.

As the Deputy will be aware, I have responsibility for the National Child Care Investment Programme 2006-2010 (NCIP), which will invest €575 million over 5 years. Capital funding under the NCIP is available to support the building and refurbishment of preschools and grant aid is also available to support the operational costs of community-based preschools with a focus on disadvantage, under the recently introduced NCIP Community Child care Subvention Scheme.

My Office was also responsible for the making of the revised Child Care (Pre-School Services) Regulations 2006 which came into effect in September 2007 with improved standards of regulation for this area. The Government also supports parents with their child care costs through Child Benefit and the Early Child care Supplement which are universal payments to all parents. The latter payment is the responsibility of my Office and it is expected to give rise to expenditure of some €500 million in 2008.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The assessment of eligibility to medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged 70 and over who have an automatic statutory entitlement to a medical card, is determined following an examination of the means of the person and his/her dependants.

Under Section 45 of the Health Act 1970, medical cards are provided for persons who, in the opinion of the HSE, are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants. Section 58 of the Health Act, 1970, as amended, provides for GP visit cards for adult persons with limited eligibility for whom, in the opinion of the HSE, and notwithstanding that they do not qualify for a medical card, it would be unduly burdensome to arrange GP medical and surgical services for themselves and their dependants.

In recent years there have been significant improvements to the way in which people's eligibility for medical cards and GP visit cards is assessed. Since the beginning of 2005, the qualification guidelines have increased by a cumulative 29%. Assessment is now based on a person's and, where relevant, his/her spouse's income after tax and PRSI, and takes account of reasonable expenses incurred in respect of rent or mortgage payments, child care and travel to work. In June 2006, there was a further increase in the qualification threshold for the GP visit card to 50% above that for a medical card. Furthermore, under the assessment guidelines, applicants whose weekly incomes are derived solely from Department of Social and Family Affairs payments or HSE payments, even if these exceed the stated threshold, qualify for a medical card.

The Programme for Government commits to the following: indexing the income thresholds for medical cards to increases in the average industrial wage; doubling of the income limit eligibility of parents of children under 6 years of age, and trebling them for parents of children under 18 years of age with an intellectual disability.

My Department is currently carrying out a review of the eligibility criteria for medical cards, which is expected to be completed by autumn 2008. When that review is completed, my Department will consider how best to progress the commitments in the Programme for Government in relation to medical card eligibility. The review of the eligibility criteria for medical cards will also give effect to the Towards 2016 commitment to review the eligibility criteria for the assessment of medical cards in the context of medical, social and economic/financial need, with a view to clarifying entitlement to a medical card.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The Health Service Executive (HSE) National Service Plan (NSP) for 2005 was approved by me as Minister on 16th March 2005, the NSP for 2006 was approved on 22nd December 2005; the NSP for 2007 was approved on the 7th February 2007 and the NSP 2008 was approved on 10th December 2007. In addition, there was an addendum to the NSP in 2006 which was approved in July 2006, and an addendum to the 2008 NSP which was approved on 20th February 2008. These two addenda were requested from the HSE in relation to the provision of significant additional financial resources for the HSE as a result of the respective Budget Day announcements. Approval in all cases is conveyed by the issue of a letter of approval from the Minister to the Chairman of the Board of the HSE.

Under Section 31 of the Health Act, 2004 the Executive must prepare and submit to the Minister its Service Plan for the coming year within 21 days of the publication by the Government of the Estimates for the financial year. The Service Plan must, amongst other things, indicate the type and volume of health and personal services to be provided by the Executive for the duration of the plan and within the financial resources allocated to it. Once the Plan is submitted to the Minister, it must be approved or a direction issued to the HSE to amend the Plan, within 21 days. The Minister must also ensure that a copy of an approved National Service Plan is laid before both Houses of the Oireachtas within 21 days after the plan is approved by the Minister.

Since the Health Act 2004 was enacted, significant improvements have been made to the format and content of the NSP in order that it more fully and comprehensively satisfies the requirements of the Act. There is an absolute necessity for the HSE to operate within the limits of its Voted allocation in delivering, at minimum, the levels of service activity specified in its annual National Service Plan. Clearly, this means that the Voted allocations, approved employment levels and service activities — both within the HSE itself and in HSE funded agencies such as the major voluntary hospitals — all need to be planned and actively and prudently managed from the very start of the year.

The Department has an agreed monitoring framework with the HSE and receives detailed comprehensive monthly and quarterly reports from the HSE on all aspects of progression of the NSP. There are quarterly ‘high level' meetings between the Secretary General of my Department and the Chief Executive Officer of the HSE, and their respective management teams, in order to discuss issues arising in relation to implementation and progression of the NSP. In addition, there is ongoing liaison and dialogue between various sections within the Department and the corresponding directorates in the HSE.

All of the approved National Service Plans referred to have provided both for the maintenance of previously existing levels of health and personal social services, and for the enhancement of those existing levels of service by various new service developments.

Throughout the country different approaches have emerged in relation to service delivery for individuals with autism. Early Intervention Services exist in many parts of the country. Some are run by the Health Service Executive and others are run by the non-statutory agencies. At present there are inconsistencies in approach and delivery of early services. The Health Service Executive is committed to redesigning these services in line with the transformation programme and best practice.

My Department is currently preparing legislation to clarify and update existing legislation on eligibility for health and personal social services. The Eligibility for Health and Personal Social Services Bill will define specific health and personal services more clearly; define who should be eligible for what services; set out clear criteria for eligibility; establish when and in what circumstances charges may be made and provide for an appeals framework.

It is expected that proposals will be submitted to Government in the first half of 2008.

Representatives of the Department of Health and Children, Department of Education and Science, the Health Service Executive and the National Council for Special Education meet on a monthly basis to address issues arising in relation to the implementation of the Disability Act, 2005 for children under 5 years, which commenced on 1 June last. The group is also planning for the roll out of Part 2 of the Disability Act, 2005 and the Education for Persons with Special Needs Act, 2004 to children between 5 and 18 years and to adults. Issues in relation to the timely and appropriate provision of health and education supports to children with a range of disabilities including autism are being considered in the context of these discussions.

The recently-established Office for Disability and Mental Health will focus in particular on facilitating the delivery of integrated health and education support services for children with special needs, by further developing these existing mechanisms for co-operation and co-ordination between the health and education sectors.

The Deputy's question in relation to the national review of autism services relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

The Board of the Health Information and Quality Authority recently submitted draft National Quality Standards for Residential Care Settings for Older People in Ireland for the approval of the Minister for Health and Children, as required under section 10(2) of the Health Act, 2007. These draft standards contain specifications in relation to amongst other things, environmental aspects of nursing homes, including room sizes, number of bathrooms etc. The initial draft, published by HIQA on 8 August, 2007 for public consultation is available at www.hiqa.ie.

The Standards and the Regulations required to underpin them will be subject to a Regulatory Impact Assessment (RIA) before finalisation. The RIA process is expected to commence shortly and both the Standards and Regulations can be expected to be in place later this year.

In the meantime the nursing home sector is governed by the Health (Nursing Homes) Act 1990 and subsequent regulations. The Nursing Home (Care and Welfare) Regulations, 1993 set out the standards which the private nursing home sector must adhere to for the purpose of registration under the Health (Nursing Homes) Act, 1990. Copies of this legislation are available from Government Publications. They are also available at www.irishstatutebook.ie. The Health Service Executive inspects private nursing homes on the basis of these standards. All inspections are unannounced and nursing homes are now inspected at least twice a year. Reports of inspections are published on HSE website.

The Deputy will be aware that there is an obligation on the person -in-charge of the nursing home to meet and comply fully with all relevant statutory provisions (e.g. Planning Acts and Regulations, Building Regulations and HACCP Regulations etc).

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

I propose to take Questions Nos. 266 and 267 together.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

I am informed by the Health Service Executive that a reply will issue to the Deputy this week.

My Department has been informed by the Parliamentary Affairs Division of the Health Service Executive that a reply has issued to the Deputy.

I understand from the Health Service Executive that a reply on this matter issued to the Deputy last Friday 29th February 2008.

As outlined in my earlier responses to the Deputy in relation to Parliamentary Question Nos. 106 to 109 of 13 December 2007 and No. 506 of 30 January 2008, in order to provide the Deputy with the estimates of cost requested it was necessary for my Department to obtain certain information from the Health Service Executive (HSE). My Department received further information from the Executive yesterday in this regard and will provide the Deputy with the estimates of cost requested as soon as possible.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

As the Health Service Executive has operational and funding responsibility for the provision of health and personal social services, it is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive.

My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

I propose to take Questions Nos. 281 and 282 together.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive.

My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

My Department has sought the advice of the Department of Finance on the issue of reducing or removing VAT on Automatic External Defibrillators (AEDs). The Department of Finance has advised that VAT on AEDs cannot be removed or reduced as Irish VAT laws must comply with the requirements of EU VAT law. Under the VAT Directive, member states may only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. Annex III does not include general medical equipment such as AEDs for general use.

St Vincent's Hospital, Elm Park, Dublin provides a referral service for public patients with eating disorders and has three dedicated national public beds for the assessment of such patients. Patients with eating disorders are also placed in St Patrick's Hospital and St John of God's when required. In a limited number of cases, consultants make referrals to other specialised eating disorder private services in Dublin or the UK.

The Report of the Expert Group on Mental Health Policy, entitled "A Vision for Change", which was launched in January 2006, provides a framework for action to develop a modern, high quality mental health service over a 7 to 10 year period. "A Vision for Change" acknowledges gaps in the current provision of services for people with eating disorders and makes several recommendations for the further improvement of these services.

The report has been accepted by Government as the basis for the future development of the mental health services.

I have not appointed a mediator or arbitrator to explore any aspect of the public orthodontic services waiting list. However, I have appointed a mediator to resolve an issue between a small number of consultant orthodontists and the HSE.

The Irish Blood Transfusion Service (IBTS) entered into an Agreement with the New York Blood Centre Inc (NYBC) for the provision of a data query tool on 23 October 2007. The purpose of the data warehousing and reporting tool is to improve the existing IBTS blood banking system computer system, Progesa in order to provide a better service to its donors and clients. Under the terms of that agreement, the IBTS exported data on CD from its Progesa system. The data was encrypted using a 256 bit key encryption, prior to export on a CD.

The IBTS is very conscious of its obligations under the Data Protection Acts to take appropriate security measures against unauthorised access to, or unauthorised alteration, disclosure or destruction of data. In this instance, the IBTS is confident that it has complied with these obligations by virtue of the robust security measures which have been taken by the Service and NYBC and considers that the risk of any person being in a position to bypass password controls and decrypt the data is extremely remote. The IBTS informed the Data Protection Commissioner as quickly as possible of the details of the case and the Commissioner has been in regular contact with the IBTS on the matter. The Commissioner has noted publicly that the IBTS had a legitimate reason to send the data out of the country, that it had taken its responsibilities to donors and clients seriously and that the information had been securely encrypted.

The IBTS has written to each donor affected to reassure them and to advise them of the possibility, however remote, that their personal data might be accessed. An information line has been set up for anyone with concerns.

The Health Service Executive (HSE) has advised my Department that the North East Transformation Programme is approaching the end of its initial phase of detailed planning and is moving towards detailed design and implementation. Operational management and transformation management arrangements in the North East have now been linked in order to achieve full integration of the transformation programme with the management of operations.

My Department understands that the HSE North East made a presentation recently on the North East Transformation Programme to meetings of two Committees of the Regional Health Forum — Dublin and North East. The HSE advises that it emphasised a clear commitment that existing services in the region will remain in place until they are replaced with higher quality, safer or more appropriate services. It also emphasised that an indicative list of measures outlined in the presentation is a draft work in progress.

The HSE has advised that it is not possible until the detailed planning phase is complete to be definitive as to what aspects of North East Transformation can be implemented during 2008/2009. The indicative list which was included in the presentation is dependent on a range of factors including significant change management and changes to work practices. The degree and pace of change will also be influenced by the extent to which resources can be freed up by the HSE for re-investment in transformation initiatives.

Finally, the HSE has advised that no decisions have been taken on reducing services in the North East. The HSE is facing a challenging year and is exploring, in the case of the North East, how best to deliver on service plan targets within the level of resources available.

Operational responsibility for the management and delivery of health and personal social services, including the provision of a CT scanner at Monaghan General Hospital, is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, parkinsonism, conditions arising from thalidomide and acute leukaemia. There are currently no plans to extend the list of eligible conditions.

Products which are necessary for the management of the specified illness are available to LTI patients. Other products are available according to the patient's eligibility.

People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.

Non-medical card holders and people whose illness is not covered by the LTI can use the Drug Payment Scheme, which protects against excessive medicines costs. Under this scheme, no individual or family unit pays more than €90 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.

In addition, non-reimbursed medical expenses above a set threshold may be offset against tax.

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70, who have an automatic statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5's and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further €50m investment which was announced in the 2008 Budget.

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

I propose to take Questions Nos. 297 to 301, inclusive, together.

The launch of the National Recreation Policy last September highlighted Government's commitment to the development of youth cafés.

As the Deputy will be aware there are already a number of youth cafés in operation around the country. Funding for these existing initiatives such as the Base is provided through a number of bodies including local City/County Council and Health Service Executive. The Department of Community, Rural and Gaeltacht Affairs also operate a number of relevant funding programmes aimed at supporting community development, locally based community and voluntary groups as well as programmes aimed specifically at supporting projects for disadvantaged youth.

At this stage, my focus is to bring better coherence to the approach taken to date, retaining the strong inter-agency element and identifying an appropriate model(s) for youth cafés for future developments. Since September my office has undertaken a small survey of some of the existing cafés looking at mission/objectives, management and organisation, service levels and the role of young people. I requested the National Children's Advisory Council's advice on the development of a youth café model and research work has been commissioned by the Council in this regard. I am anticipating the Council will be in a position to report to me by the end of May. This work will guide government in ensuring that funding is targeted and co-ordinated most effectively on a model or models of youth cafés which meet the needs identified by young people themselves. Discussions are underway with my Cabinet colleagues regarding a youth café programme and appropriate funding mechanisms. I am considering which agency could best lead on the programme and how to ensure any funding which might be made available augments, without displacing, the existing inter-agency resources.

The Base in Ballyfermot is receiving sponsorship from six bodies including Dublin City Council, the National Development Plan and the HSE. Of those agencies, HSE is the only current funder under the remit of the Minister for Health and Children. I have referred the specific question regarding funding of the Base to the HSE for direct reply.

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

I propose to take Questions Nos. 306 and 307 together.

As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP) which replaced the Equal Opportunities Childcare Programme 2000-2006 (EOCP), which was also administered by my Office. I understand that the Group in question received capital funding totalling €1.16 million under the EOCP and, as a result, has recently entered their new building.

The Community Childcare Subvention Scheme (CCSS) under the NCIP, was introduced by my Office in January of this year and has an allocation of €154.2 million over three years. This Scheme will continue to support community-based childcare services to provide reduced childcare fees for disadvantaged parents, complementing the universal supports in place for all parents. The Group in question has been approved under the CCSS for transitional funding for the period January-June 2008 of €37,375. I understand that they received their first instalment of this grant on 22 February.

Community childcare services qualify for grant aid on the basis of the level of service they provide and the profile of the parents benefiting from their service. In general, the parent profile of services, and the amount of subvention they will receive, are determined on the basis of completed parent declaration forms which are returned as part of the application process. However, in the case of some specialist services, such as that operated by the Group in question, it is recognised that some additional arrangements may be necessary. Officials from my Office have been in correspondence and discussions with the manager of the service in this regard and will continue to assist the Group in completing their assessment for funding for the period July-December 2008. The Group will be informed of their grant aid as soon as it has been determined.

Given the roles played by Pobal, the City and County Childcare Committees and the Health Service Executive in the assessment process for grant applicants under the EOCP and NCIP, it is not considered necessary at this point for officials from my office to visit the service to assess the appropriate level of grant aid under the CCSS.

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

The operation of the Parliamentary Affairs Division of the HSE (PAD) allows for the centralised receipt, assignment and tracking of Parliamentary Questions within the HSE's extensive network of operations. More generally, the PAD monitors overall performance in relation to the timely issue of replies and provides a central contact for all requests from Oireachtas members for information relating to matters within the statutory remit of the Executive.

The Chief Executive Officer of the HSE, Professor Drumm, recently reiterated to Oireachtas members the importance he attaches to providing replies to Parliamentary Questions and affirmed his focus on improving the turnaround time for replies to the greatest possible extent. In this context, on 8th November 2007 the Chief Executive Officer circulated a briefing document to Oireachtas members which informed them of his decision to introduce a time frame of 15 working days for replies from January 2008 and also outlined new accountability structures in that regard.

I understand that the Myasthenia Gravis Association received National Lottery Funding of €18,000 in 2006 from my Department towards the development and distribution of information on CD-ROM. My Department did not receive an application from this organisation for National Lottery Funding in 2007 or 2008. The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, I have requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, parkinsonism, conditions arising from thalidomide and acute leukaemia. There are currently no plans to extend the list of eligible conditions.

Products which are necessary for the management of the specified illness are available to LTI patients. Other products are available according to the patient's eligibility. People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.

Non-medical card holders and people whose illness is not covered by the LTI can use the Drug Payment Scheme, which protects against excessive medicines costs. Under this scheme, no individual or family unit pays more than €90 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.

In addition, non-reimbursed medical expenses above a set threshold may be offset against tax.

Generic drugs are widely available in the Irish market, particularly in the hospital sector. Use of a proprietary drug or a generic equivalent is a matter for the prescriber, in consultation with the patient. My Department supports the increased use of generics where this is appropriate and achievable in the Irish drugs market.

A new agreement with the Irish Pharmaceutical Healthcare Association (IPHA) was negotiated by a HSE-led team, including representatives from my Department, in 2006. One of the objectives of the IPHA agreement is to enhance the ability of patients to have a greater say in the prescribing process with a view to choosing, in consultation with the prescriber, the medicine that best meets their needs and delivers best value for money. The agreement also provides for significant reductions in the price of patent-expired proprietary medicines. These reductions (20% in March 2007 and a further 15% in January 2009) will, on full implementation, largely remove the current premium paid for these products over many branded and non-branded generic equivalents. Based on expert advice from the National Centre for Pharmacoeconomics, received prior to the negotiation of the IPHA agreement, it was concluded that a system of compulsory generic substitution in the pharmacy, as used in some other jurisdictions, would have significantly less benefit in the Irish community schemes than in other countries but could, given the relative size of the Irish market, have an adverse effect on continuity and security of supply for Irish patients.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive under the 2004 Health Act. Therefore, the Executive is the appropriate body to consider this specific issue of consistency of use of generic as opposed to branded medicines throughout the health service, including the cost implications. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these aspects investigated and to have a reply issued directly to the Deputy.

Over 130,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.

Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Based on the National Quality Assurance Standards for Symptomatic Breast Disease Services, and the fact that the BreastCheck screening programme will significantly reduce the number of symptomatic breast cancer presentations, the Health Service Executive (HSE) determined that we require a total of eight specialist breast cancer centres nationally. In order to comply with the Standards, the HSE has directed fifteen hospitals with low case volumes to cease breast cancer services. Further staged reductions in the number of hospitals providing breast cancer services will occur over the next two years in line with the development of quality assured capacity in the eight designated centres. The HSE has designated Beaumont Hospital and the Mater Misericordiae Hospital as the two cancer centres in the Managed Cancer Control Network for the HSE Dublin North East, which includes County Louth. The designation of cancer centres aims to ensure that patients receive the highest quality care while at the same time allowing local access to services, where appropriate. Where diagnosis and treatment planning is directed and managed by multi-disciplinary teams based at the cancer centres, then much of the treatment (other than surgery) can be delivered in local hospitals, such as Our Lady of Lourdes Hospital, Drogheda.

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70, who have an automatic statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

My Department has made inquiries with the Health Service Executive (HSE) in this regard and the Executive has indicated that the matter is receiving attention and that a reply will issue shortly to the Deputy.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to have a reply issued directly to the Deputy in relation to the matter raised.

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70, who have an automatic statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Under the aegis of the Office of Public Works, my Department is participating in an energy audit which aims to reduce energy use and carbon emissions by 15% per annum over a two year period. In advance of this exercise, we have already installed a new, more energy efficient lighting system in our Hawkins House headquarters, including mechanisms for automatically turning off lights in kitchenettes when they are not in use.

My colleague, Mr. John Gormley T.D., Minister for the Environment, Heritage and Local Government, will shortly finalise a scheme for carbon offsetting, which will apply to all Government Departments, including the Department of Health and Children.

Information on measures being taken by agencies under the aegis of my Department is not readily available. My Department is asking the agencies concerned to reply directly to the Deputy in this regard.

The Health Service Executive has put contingency plans in place in the event of the withdrawal of service by community pharmacists, following the introduction of the revised pharmacy pricing arrangements under the GMS and community drugs schemes from 1st March 2008. The contingency plans include information notices in the newspapers and an information helpline, open from 8am to 8pm Monday to Friday. In response to a written request to all 1600 community pharmacy contractors from the HSE, to date one community pharmacy has confirmed its intention to withdraw services under the present pharmacy contract. The HSE is keeping this situation under review at local level.

The HSE has also assured me that it has plans in place to assist any patient who is unable to obtain their medication. There are no changes planned to the operation of the GMS and community drugs schemes and all patients continue to receive their entitlements in the normal way.

The Health Service Executive (HSE) has advised that the review of the mammography services in Portlaoise is complete. Nine women were identified as having a diagnosis of cancer. All nine women have been offered appropriate treatment and counselling. A clinical review of ultrasounds at Portlaoise is also complete and no cancers were detected in this review. The HSE has advised my Department that a report on the reviews will be published by the HSE when the necessary legal requirements have been completed. The suspension of mammography services at the Hospital continues pending the publication of the report.

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Decisions regarding the development of port capacity for oil products are a matter for the port companies, in tandem with their customers, the oil companies. Any such developments are subject to the usual planning, environmental and health and safety regulatory procedures and, where necessary, my approval and that of the Minister for Finance from a port company corporate governance perspective. Energy policy is a matter the Minister for Communications, Energy and Natural Resources.

The national and regional road classification system was set out in Statutory Instrument (S.I.) 209 of 1994: Roads Act, 1993 (Declaration of National Roads) Order, 1994 and S.I. 400 of 1994: Roads Act, 1993 (Declaration of Regional Roads) Order, 1994. A major review of these Statutory Instruments — designed to take account of road improvements and route changes since 1994 — was completed in 2006 as set out in Statutory Instruments S.I. 187 of 2006 and S.I. 188 of 2006.

This system was established in consultation with local authorities and took account of representations received from a wide range of local interests. The need to update the classification of roads is being kept under review.

I refer the Deputy to my reply dated 31st January 2008 on this matter. My Department supports the use of the Port Tunnel by any bus operator, whether it is Dublin Bus, Bus Éireann or a private operator.

My Department informed Dublin Bus on 20 February that its proposal to re-route four of its existing Route 41X services via the Port Tunnel would give rise to competition with an existing licensed service. Dublin Bus has accordingly been advised that should it wish to pursue the introduction of the proposed service changes on the 41X route so as to compete with the licensed service, the Company is required to make a request for Ministerial consent for approval of the service in accordance with section 25 of the Road Transport Act, 1958. Alternatively, the Company may review their proposal in order to avoid conflict with the commercial licensed operator.

The fact that my Department has issued a licence to a private operator in accordance with the Road Transport Act, 1932 does not automatically prevent the Department authorising Dublin Bus to operate similar type services along the route or along part of the route in question.

My Department was informed by the Railway Procurement Agency (RPA) and the Railway Safety Commission (RSC) of the accident referred to by the Deputy. The accident is currently being investigated by Veolia (as operator of the Luas) as required by the Railway Safety Act, 2005 and by the Gardaí.

I understand that the Chief Investigator of the Railway Incident Investigation Unit is also conducting a preliminary investigation of the accident and may decide to initiate a full investigation if it is established that recommendations for the improvement of Luas safety require to be made.

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No 477 of 2006) responsibility for driving testing and licensing was transferred to the Road Safety Authority in September 2006. The arrangements in relation to driving tests and licensing are therefore a matter for that authority.

Aer Rianta International (ARI) is a wholly owned subsidiary of the Dublin Airport Authority (DAA). It is not, and never has been, in the control of the Shannon Airport Authority.

The business plans for Dublin, Cork and Shannon airports, which I have received from the DAA, provide that ARI will remain part of the DAA on the establishment of the three airports as independent entities. This is a key assumption underpinning the overall financial viability of the DAA on separation.

In relation to meeting the Chambers of Commerce I have written in response to their request indicating that a meeting would be arranged.

The Agreed Programme for Government foresees feasibility studies being completed within two years into Luas-style light rail systems in Cork, Galway, Limerick and Waterford.

My Department has agreed with the Limerick and Cork local authorities that the terms of reference for the proposed Mid West Area Strategic Plan and the update to the Cork Area Strategic Plan will include an examination of the feasibility of introducing light rail transit and/or bus rapid transit.

With a view to assisting Shannon Airport and the wider region to adapt to the new arrangements agreed in the context of the EU-US negotiations on Open Skies my Department undertook to prepare a Plan for the Mid West region to ensure that the region is well placed to respond to the challenges and opportunities emerging in the context of full liberalisation of the transatlantic aviation market under the Open Skies Agreement.

The Economic and Tourism Development Plan for the Shannon Catchment Area was approved by Government and published on 24 January 2008 by myself and the Minister for Arts, Sport and Tourism. The Report is available on the websites of both Departments.

In relation to roads, one of the key aims of the regional and local road investment programme is to support the implementation of the National Spatial Strategy and more balanced regional development across the entire country. In 2008, State grants totalling €58.688 million were allocated for regional and local roads to local authorities in the Mid West Region. In relation to the national roads programme the implementation of individual national road projects is a matter for the National Roads Authority (NRA) in conjunction with the local authorities concerned.

The investment in roads is being complemented by substantial investment in public transport. Work on the Ennis-Athenry section of the Western Rail Corridor is due for completion in early 2009, and will provide a much needed link between Limerick, Ennis and Galway. The deployment of new inter-city rail cars will facilitate the future introduction of hourly peak and 2 hourly off peak services on the Limerick-Dublin line. Services on the Limerick-Nenagh line are also to be improved.

Bus Éireann, helped by funding under Transport 21, is in the process of renewing its fleet through the purchase of 235 new buses for deployment throughout the country including in the Limerick/Shannon region.

Several fishing vessels joined the search for the Fishing Vessel Honeydew 11, which got into difficulty on 11th January 2007. These vessels were not tasked by the Irish Coast Guard but joined the search voluntarily. The Department of Transport made no commitment to compensate boat owners for the fuel expended during the course of the search. As a general rule vessels at sea are under an obligation to respond to a distress call at sea. The Department of Transport does not normally compensate vessels such as lifeboats, community rescue boats or craft of opportunity for the fuel that they have used nor is it international practice to do so.

I have no function in this matter.

Under the 1946 Harbours Act, I currently have responsibility for 10 regional harbours. Killmakilloge Pier is not one of them.

Policy and legislation governing the collection and use of motor tax are matters for my colleague, the Minister for the Environment, Heritage and Local Government. As regards State grants, a total of €33.5 million was paid in 2007 to road authorities in County Mayo for improvement and maintenance of regional and local roads in the county. The National Roads Authority is responsible for expenditure on national roads in County Mayo.

In February 2007 the Government approved grants amounting to €86 million for the six regional airports in respect of the period up to 2010 from within the Transport 21 overall provision of €100 million for this purpose.

A total of €38.7 million was approved for investment in essential safety and security infrastructure and equipment upgrades involving Exchequer grants at a rate of 90%.

The scheme also provides funding of €47 million at a rate of 75% for developmental projects including range of runway, apron and terminal projects designed to accommodate the further growth in passenger numbers which the airports are targeting.

All of the regional airports are actively engaged in implementing their individual programmes within the Transport 21 framework.

I am advised that the buildings used to accommodate the offices of my Department are included in a scheme of ongoing monitoring and evaluation of their level energy useage. The objective of this exercise, operated under the aegis of the Office of Public Works (OPW), is to achieve a significant (15%) reduction in energy usage in the present year.

In addition, my Department is in discussion with the OPW regarding the procurement of environmentally friendly electricity for its offices.

Ireland was a co-sponsor of an Indian resolution, adopted in June 2007, at the UN General Assembly, which declared 2 October, the birth date of Mahatma Gandhi, the International Day of Non-Violence.

The resolution invites Member States to commemorate the International Day in an appropriate manner and to disseminate the message of non-violence, including through education and public awareness.

Ireland has shown great commitment down through the years to pursuing the agenda of non-violence, at both a domestic and an international level. Ireland's strong support for the promotion and protection of human rights, our long tradition of participating in UN-mandated peace operations, our leading role internationally in disarmament and non-proliferation issues, our work in the area of conflict resolution and the work of Irish Aid on combating gender based violence reflect this commitment.

Ireland participated in an event organised by the Permanent Mission of India to the United Nations in New York, to mark the first International Day on 2 October 2007.

I have asked my officials to liaise with the Indian Government, as the main sponsor of this event, regarding plans for 2 October 2008.

The theme of the research undertaken by transition year students from Coláiste Bhríde in Carnew is very relevant. The promotion of gender equality is one of eight Millennium Development Goals agreed by Ireland and other members of the United Nations in 2000. My Department is contributing directly to reaching this Goal through Irish Aid funding for programmes in developing countries to tackle gender-based violence, female genital mutilation and other human rights violations.

The Young Social Innovators (YSI) programme in which Coláiste Bhríde is participating is a very valuable platform for showcasing projects such as this which raise awareness and understanding of development issues. In recognition of this, Irish Aid sponsors an award at the YSI event.

A next step for the students of Coláiste Bhríde Carnew is to visit the Irish Aid Volunteering and Information Centre which has recently opened on O'Connell Street in Dublin. The Centre offers an educational programme designed for transition year students which focuses on the Millennium Development Goals and Ireland's role in tackling global poverty and exclusion.

A visit to the Centre would help set the research project in the context of the broader development effort and can provide ideas on how to carry forward their project work.

I will make arrangements for the official responsible for this area of work to make contact with the group to discuss their findings and to allow them to learn more about Ireland's efforts in this important area.

The eight Millennium Development Goals (MDGs), adopted in the year 2000 as part of the commitments undertaken by Heads of Government at the Millennium Summit, represent a measurable framework for development up to the year 2015. The MDGs are at the heart of our development co-operation programme. Irish Aid's focus on reducing poverty and supporting the provision of basic services to the poorest people is wholly consistent with the attainment of the MDGs.

The latest MDG progress report, issued in July 2007, gave us a snapshot of the progress achieved at the midpoint of the 2015 MDG target date. Overall, there has been good progress on some targets, but the geographical disparities are quite striking. While there has been progress towards the Goals globally since 2000, largely due to advances in China and other Asian countries, Africa is lagging behind on most indicators. This is attributed to a combination of institutional weakness, conflict, and funding shortfalls.

In recognition of the extent of the poverty in Africa, Ireland continues to focus over 80% of its bilateral country assistance on sub-Saharan Africa. Much of this assistance is devoted to areas which are essential to achieving the MDGs. These include combating HIV/AIDS, malaria and other communicable diseases, building effective health and education systems and addressing natural and man-made emergencies. We work directly with local and national authorities, non-governmental organisations (NGOs), the UN and other international agencies and missionaries. It is working effectively through all these channels, which is most likely to make a real contribution to achieving the MDGs.

We are supportive of international initiatives which address the MDGs, such as the MDG Africa Steering Group convened by the UN Secretary General last September. This brought together high level representatives of the African Union, European Union, African Development Bank, Islamic Development Bank, IMF and World Bank, which will meet regularly to examine how to strengthen Africa's efforts to meet the Goals. The Taoiseach has indicated his support for a meeting at Heads of Government level in September 2008 with the aim of intensifying MDG efforts in the period leading up to 2015.

The MDGs have given the developed and developing world a clear set of benchmarks to enhance the wellbeing of the world's poorest, within a set timeframe. The commitment of the Government to reach the UN target of 0.7% of GNP for development funding, is a clear indication that Ireland will play its role in endeavouring to deliver on these benchmarks.

The situation to which the Deputy refers concerns the killing of 45 people which occurred in December 1997 in Acteal, Chiapas State, Mexico, and subsequent convictions on charges of participating in the massacre. I am aware that the Mexican courts are currently considering the appeals of some of this group.

I have not raised the matter of these convictions and ongoing appeals with the Mexican authorities. However, Ireland, along with our European Union partners, monitors and regularly discusses with the Mexican authorities the human rights situation in Mexico and the fulfilment of their obligations under international law.

While Mexico has taken significant steps in promoting respect for human rights, considerable challenges remain to be addressed, in particular at state level. With our EU partners, we will continue to engage in dialogue with the Mexican authorities at both federal and state level.

I am deeply concerned by reports of violence against Christian minority communities in Orissa, and particularly by the events which occurred there over the Christmas period. I issued immediate instructions to our Embassy in New Delhi to raise our concerns, shared also by our EU partners, with the Indian authorities.

It is important that these events are fully investigated and addressed by the Indian authorities. The EU has made clear the importance of law enforcement agencies taking responsibility in this matter and making sure that such violence does not happen again. I welcome the fact that the Indian authorities have taken this matter seriously, and that senior Government officials have visited the Kandhamal area of Orissa and held talks with community leaders.

Human rights, including the right to religious freedom and the rights of minorities, are an important part of our dialogue and discussion with the Indian authorities. The issue of the treatment of the Christian minority in India has been the subject of regular contacts between the Irish Embassy, EU representatives in New Delhi, and the Government of India, most recently earlier this month. Representations have been made on specific issues relating to religious freedom and in the more general context of EU-India discussions on minorities under the auspices of regular EU-India discussions on human rights issues.

The Department of Justice, Equality and Law Reform is responsible for the issuing of UN travel documents. Policy and practice in this regard, including issues associated with the status of a person to whom such a document is issued, are handled by that Department.

No new passport application has been received by the Passport Office in respect of the child in question. It is therefore not possible to comment definitively on whether a passport would issue. However, if it is the case as the Deputy describes that the adoption has not been approved by the Adoption Board, it would appear that the child may not be an Irish citizen.

The Department would wish to help the parents and the child in every way possible. In this regard, our Ambassador in Romania has been asked to see if there is any way that the legal difficulties preventing approval of the child's adoption by the Adoption Board can be resolved at an early stage. Secondly, the Department has been in direct contact with the Romanian Embassy to see if they can be helpful. I have asked the Department to revert directly to the Deputy's Office once it has a clearer sense of a possible way forward.

I remain deeply concerned about the economic hardships and political repression which are affecting the ordinary people of Zimbabwe.

Ireland and the EU have supported the process of dialogue between the Zimbabwean Government and the opposition, facilitated by South Africa under a mandate from the Southern African Development Community (SADC). The talks have not formally concluded but, with the elections drawing nearer, there is no longer enough time to implement any agreement which might be arrived at. Such an agreement would have to include tackling repressive security laws, curbs on freedom of assembly, restrictive media laws and state violence, in time to ensure that these elections take place in appropriate conditions.

The European Union will continue to press for free and fair elections right up until 29 March. I will be discussing the deeply worrying situation in Zimbabwe with my EU colleagues at the next General Affairs and External Relations Council on 10 March.

We must also work closely with Zimbabwe's neighbours, in particular South Africa, who are in the best position to influence the situation. In this regard, and given that the Zimbabwean authorities have stated (most recently in a meeting between a Zimbabwean Foreign Ministry official and an Irish Embassy official on 25 February) that neither the EU nor any EU Member States will be invited to observe the elections, monitoring by regional groups becomes even more important than ever.

I understand that SADC has been invited to monitor the upcoming elections in Zimbabwe. For our part, we have proposed to our EU partners that the EU explore with SADC how it plans to respond to this invitation and to encourage such a monitoring mission. In pursuit of this, I have also asked our Embassy in Lusaka to raise this question directly with the Zambian Government, which is currently Chair of SADC.

My Department promotes energy conservation measures on an ongoing basis. It is participating in the recently launched Optimising Power @ Work, Staff Energy Awareness Campaign being led by the Office of Public Works. This campaign, which will begin in the Department this month, aims to achieve a minimum of 15% reduction in total annual carbon dioxide emissions through an intensive staff energy awareness initiative promoting efficiency in respect of all energy consuming processes.

The Department's current policy is to use a number of energy saving devices such as energy efficient lights, powersave function on electrical office equipment and photocopiers with duplex (double-sided copying) facilities.

It is also the policy of the Department to put measures in place for the prevention and reduction in the amount of waste generated and to maximise opportunities for the re-use and recycling of waste arising. Contracts are in place for the collection and recycling of paper and cardboard packaging from my Department's main offices.

In relation to redundant electronic IT equipment, the Department arranges for the reuse of suitable equipment and, where this is not possible, avails of the take back facilities under the WEEE Regulations for the dismantling and recycling of such equipment.

Since the beginning of 2006, carbon emissions have been taken into account in vehicle purchases made by the Department. In order to take account of the wider availability of new technologies, the Department, at my request, is currently preparing a policy on the purchase of official vehicles, to ensure that environmental considerations are taken fully into account as official vehicles are replaced, which is normally done at four year intervals.

I fully support the commitment in the current Programme for Government to ‘Require carbon offsetting of all official air travel in support of urban forests'. I understand that my colleague, the Minister for the Environment, Heritage and Local Government, will announce details of a scheme for use by all Government Departments and bodies under their aegis which will address this commitment. Once the details are announced, the new scheme will be appropriately implemented by the Department.

My Department does not provide direct funding or grants to businesses but provides funding to a number of State Agencies, including the County and City Enterprise Boards, Enterprise Ireland and FÁS, through whom assistance is delivered directly to businesses.

The 35 County and City Enterprise Boards provide a source of support to small businesses with 10 employees or fewer. Subject to certain eligibility criteria new and developing enterprises may qualify for financial support from the CEBs in the form of feasibility, employment and capital grants. All of the CEBs operate to the same criteria in relation to the assistance which they can offer i.e. they can support the establishment and/or the development of enterprises provided that the projects, which should generally be in the manufacturing and internationally traded services sector, have the capacity to achieve commercial viability and which over time may develop into strong exporting entities. In addition, the CEBs deliver a range of non-financial supports to improve management capability development within micro-enterprises designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow.

Enterprise Ireland provides funding and expertise to companies with ten or more employees in the indigenous manufacturing and internationally traded services sectors who wish to expand through increased export activity. Through its network of 34 overseas offices, Enterprise Ireland assists client companies to create and implement successful strategies for market entry, development and growth.

I would suggest that the person concerned should, in the first instance, make direct contact with their local CEB and explore what level of assistance, if any, may be available to them. Contact details for individual CEBs can be found by accessing the following website; www.enterpriseboards.ie.

Payment of statutory redundancy is, in the first instance, a matter for the employer. There is no record in my Department of an application for statutory redundancy on behalf of the person to whom the Deputy has referred. If the Deputy requires further information on the Redundancy Payments Scheme, he may contact Ms Ingrid Haughney of my Department at 01-631 3051.

My Department has not received correspondence from any multinational company in relation to this Directive.

The National Employment Rights Authority has been set up on an interim basis with the full powers of the State's labour inspectorate, pending enactment of legislation later this year to place it on a statutory footing. NERA's role includes checking that employers are applying appropriate rates of pay to employees and that employers are providing other entitlements, as appropriate.

Towards 2016 contains certain commitments in relation to arrangements which exist in the electrical contracting sector relating to compliance with the Registered Employment Agreement and which pre-date the establishment of NERA. These arrangements are being examined with a view to establishing how they can be dealt with as a specific issue in the context of the new statutory framework that will be put in place.

Over the period 2005-2007 a total of 273 apprentices attended Phase 4 and Phase 6 of the Sheet Metal Apprenticeship Programme in the Dublin Institute of Technology, Bolton Street. Of these 81 were from the Munster area.

Dublin Institute of Technology Bolton Street is the only provider in the State of the Phase 4 and Phase 6 programmes in Sheet Metal and has been so for many years. The Dublin Institute of Technology has the necessary expertise and resources to support the training of Sheet Metal Apprentices at Phase 4 and Phase 6 to the required standard.

The training of apprentices for the off-the-job training elements of the FÁS Apprenticeship Programme for Phase 4 and Phase 6 is provided by the Department of Education and Science through the Institutes of Technology and Colleges of Further Education. In 2007, the Department of Education and Science provided to FÁS 11,133 places nationally for Phase 4 and Phase 6 in the Institutes of Technology and Colleges of Further Education.

FÁS schedules apprentices on the longest waiting basis, based on home address to the nearest Institute of Technology or College of Further Education, depending on programme availability and capacity in the respective Institute of Technology and College of Further Education. The number of Apprentices who were scheduled to attend Institutes of Technology and Colleges of Further Education in Dublin for the Phase 4 and Phase 6 off-the-job training programmes in 2007, who had a home address outside of Dublin, was 1,579 of which 255 were from Munster.

FÁS provides a training allowance to each apprentice attending a Phase 4 and Phase 6 off-the-job training programme and this is supplemented by the provision of an accommodation allowance for those required to secure accommodation for their attendance at their scheduled off–the-job training programme. FÁS also provides to apprentices, on request, information on accommodation availability in the Dublin Region.

To reduce energy consumption in my Department and in its Offices and to ensure maximum energy efficiency and the minimum carbon footprint in their daily operations, the Department through its Green Team, which was established some years ago and on which representatives of the Department's Offices also serve, has over the past few years initiated the following actions:

Ensured that all lighting in buildings occupied by the Department and its Offices is switched off overnight;

Ensured that the Office of Public Works, which looks after the replacement of electric light bulbs in buildings occupied by the Department and its Offices, uses energy efficient bulbs and long life bulbs wherever possible when electric light bulbs are being replaced;

Ensured that the central heating arrangements for the buildings occupied by the Department and its Offices are switched on and off to achieve optimum energy efficiency;

Ensured that the staff in the Department and in its Offices have been exhorted to:

1. switch off all their computer equipment (base units, monitors and peripheral devices) at the end of each working day;

2. switch off their PC monitors at lunch time and while attending meetings etc.; and

3. ensure that the last person leaving each individual office switches off all electric lights, printers, photocopiers and heaters.

My Department also operates a Travel Pass Scheme for interested members of staff in the Department and its Offices in order to encourage staff to use public transport in lieu of car transport.

The OPW recently announced an initiative to try to reduce CO2 emissions by 15% in targeted State Buildings over the coming years. Two of the buildings occupied by my Department and its Offices have been selected to participate in this initiative and a consultant, appointed by the OPW, is working with the Department to try to achieve this target. It is hoped to extend this initiative and to strive to achieve the target of reducing CO2 emissions by 15% in all of the buildings occupied by my Department and its Offices in the coming years.

As regards the Agencies of my Department, the Deputy will appreciate that ensuring maximum energy efficiency and minimum carbon footprint in their daily operations is an operational issue for the Agencies concerned but the Deputy can rest assured that the Agencies have taken similar actions to those mentioned above over the past few years and will continue to do so.

Following the decision to establish an Inter-Departmental Group to examine options for the future development of Spike Island as a tourism project, my Department sought nominations from: the Department of Defence, the Department of the Environment, Heritage and Local Government, the Department of Finance, the Department of Justice, Equality and Law Reform, the Office of Public Works, the Irish Prison Service, Fáilte Ireland, and Cork County Council.

The Group met for the first time on 21 September 2007. Following that meeting, it was agreed that the various bodies represented on the Group would provide a synopsis of their interest, involvement or role in relation to Spike Island, their potential role in developing, supporting or operating the Island as a tourism project, and what form, if any, they consider that project might take.

My Department subsequently prepared and circulated a comprehensive questionnaire to the relevant Departments and bodies to elicit this information and the Department is currently examining the replies received. These contributions will form the basis of a report which the Group will then consider for agreement; a further meeting will be held if necessary. It is expected that this process will be completed in the near future.

Any recommendations or conclusions in a report of the Group in relation to possible future developments on the site will be for my colleague, the Minister for Justice, Equality and Law Reform, to consider in the first instance.

As the Deputy will be aware, the National Sports Campus Development Authority have arranged for a benchmarking exercise on the National Aquatic Centre to be carried out. Work commenced at the beginning of February with an estimated timeframe of approximately two months. At present the contracted consultants are reviewing documentation on the operation of comparable facilities elsewhere. I look forward to receiving a report from the Authority on completion of the benchmarking review.

The Arts Council Touring Programme provides annual funding for touring.

Under the Arts Act 2003 the Arts Council are statutorily independent in the conduct of their day-to-day business and I have no role to play in the Council's funding decisions. Grants of €757,000 have been made available to the Arts Council in 2008 for touring, effectively doubling the Arts Council annual allocation for this initiative. I hope to build further on this in the coming years as part of increasing access to arts.

There are currently three buildings occupied by my Department, two of which are located in Dublin at Kildare Street and South Frederick Street where my Department is not the main tenant in either building. This limits to some extent the action that can be taken directly by my Department to reduce its carbon footprint. The third is at Fossa in County Kerry, which accommodates an advance party of 70 staff in the context of decentralisation of my Department to Killarney.

During 2007, an Energy Efficiency Committee was established in my Department in the context of the Partnership process to examine energy usage and raise awareness among staff of the need for energy efficiency. In conjunction with the Government's Power of One campaign, the committee organised a number of presentations for staff to outline tips on energy saving actions, both at work and in the home. An Efficiency Suggestions Scheme competition was also held, which invited staff members to make suggestions on making the Department more energy efficient.

I was delighted to personally present the prizes for the best suggestions to staff in July last year. All suggestions submitted have been published and provided to staff in my Department.

These initiatives resulted in notices being placed at electrical equipment and light switches in my Department to remind staff to switch off lights and equipment to save energy. In this context, staff are requested to switch off information technology and any electrical office equipment when not in use and particularly at the end of the working day. Furthermore, all personal computer monitor screens purchased by my Department in 2007 are flat-screen technology, which are far more energy efficient than the old Cathode Ray Tube monitors used.

Where my Department is the only tenant in the building in Fossa, it has recently signed up to the Government electricity contract on a Green supply, which comes from renewable energy sources. My Department has also reduced the exterior lighting of the building to ensure that as soon as the building and car park has been vacated of staff, all the exterior lighting can be switched off, with just a single light over the front door remaining on all night for security purposes. Previously the full exterior lights had remained on throughout the night.

There is a permanent video conferencing link between my Department's buildings in Kildare Street in Dublin and in Fossa, which facilitates meetings between staff located in the two buildings. This reduces the need for travel by the staff in my Department between both locations.

It is also my Department's policy to promote the increased usage of recycled paper as much as possible and my Department has a system in place at its three locations to ensure that all used waste paper is issued for recycling.

In the context of the implementation of decentralisation, construction is currently underway on a new headquarters in Killarney, which will be a "green" building, which will provide a pleasant working environment and yet be economical to run. The design of the building, which has been carefully conceived in line with an exacting brief provided by the Office of Public Works, makes use of many environmentally friendly and energy saving features in line with best practice, nationally and internationally.

The specific measures being taken by the agencies under the aegis of my Department to reduce their carbon footprint in 2007/2008 are a matter for the agencies themselves but I can assure the Deputy that they are conscious of the need to take action in this regard.

Government Policy on the Arts is set out in the Programme for Government and elaborated further in my Department's Statement of Strategy.

One of the stated objectives of this policy is to encourage and support the strategic development of the arts in local communities, both geographic and communities of interest, for the disadvantaged and for minority groups.

My policy on the arts is to promote and strengthen the arts in all its forms, increase access to and participation in the arts, and make the arts an integral and valued part of our national life.

Consequently all funding allocated by my Department to the arts is aimed at, inter alia, addressing the issues of cultural participation, access and social inclusion.

Under the current programme of decentralisation, 85 posts in the Department are to be relocated to Carrickmacross.

According to figures received from the Central Application Facility (CAF), through which all applications for decentralisation locations must be submitted, 64 applicants applied for Carrickmacross before the priority application date of 7 September 2004. Since this date, there have been 27 new applications.

The Office of Public Works is charged with securing accommodation in Carrickmacross for this Department and have advised that they are in discussions with Monaghan County Council regarding a proposed site for the Department's decentralised office.

Under the current programme of decentralisation, the Combat Poverty Agency is designated to relocate to Monaghan town.

The Office of Public works is charged with securing accommodation in Monaghan for this Department and have advised that they are currently exploring a number of property options. These include the proposed refurbishment of an existing office and the construction of a new building.

At this time there is no indicative date for the move.

The provision of civil registration services at local and regional level is a matter for the Health Service Executive. My Department has asked the Chief Executive of the Health Service Executive to investigate the matters raised and to reply directly to the Deputy.

The expenditure on rent supplement and number of recipients for the administrative areas, as listed by the Deputy, are shown in the following tabular statement.

Rent supplement is administered on my behalf by the Health Service Executive (HSE) as part of the supplementary welfare allowance scheme.

In order to qualify for a rent supplement a person must satisfy a means test and be habitually resident in the State. The HSE must satisfy itself also that the applicant has a genuine accommodation need for which he or she cannot provide, that a bona fide tenancy arrangement exists between the applicant and the landlord and that the property being rented is suitable to his or her needs.

In determining whether the accommodation is suited to the person's accommodation needs, the Executive must establish the household composition, the size of the accommodation unit and identify any special needs that the person may have. As part of this process, the Executive may carry out a visit to the residential premises in question.

This home visit may also be used to confirm the applicant's residence at the address. The HSE has confirmed that it is standard practice to visit all residential premises within the area outlined by the Deputy.

The HSE may consider that a property is not suited to the applicant's needs if the accommodation does not comply with housing regulations. Enforcement of such regulations is a matter for Local Authorities rather than the Community Welfare Service of the HSE and Community Welfare Officers are not qualified to undertake this work.

Payment of rent supplement may be withheld where the HSE is notified by a housing authority regarding non-compliance with housing standards. The HSE has confirmed that no such notifications have been received in respect of rent supplement tenancies within the administrative areas identified by the Deputy. Consequently, no rent supplement payment has been withheld for this reason in the areas in question.

The provisions of the Civil Registration Act 2004 relating to marriage were commenced with effect from 5 November, 2007. New processes and procedures which are based on these provisions were put in place from that date to ensure that marriages which take place are legally valid.

Section 46 of the Act requires that, save in exceptional circumstances, couples intending to marry in the State attend the office of the registrar in person to give notification of intention to marry at least three months in advance of the intended marriage date and to sign a declaration that there is no impediment to the marriage. This provision also gives the registrar authority to request evidence from each of the parties in relation to the verification of identity, current marital status, nationality etc. and the procedures in place provide for this. Notices of intention to marry may be published and are available for inspection at the registrar's office. The meeting between the registrar and the couple provides an opportunity for the registrar to elaborate on all the requirements for a marriage to be civilly recognised and to clarify any issues which may arise.

Section 48 of the Act provides for the issue of a Marriage Registration Form ( MRF ) without which no marriage may be legally solemnised. In essence, this form constitutes the approval of the registrar to the marriage proceeding. An MRF will be issued only when the registrar is satisfied that all the statutory requirements relating to a valid marriage have been met. The MRF contains the details of the parties to the marriage, of the registered solemniser who will solemnise the marriage and of the witnesses and it must be given to the solemniser before the marriage ceremony.

Section 51 of the Act sets out the manner in which a marriage must be solemnised. The solemniser must be a registered solemniser. The place in which the ceremony takes place must be open to the public and the solemniser must be satisfied that the parties to the marriage understand the nature of the ceremony and the declarations which they must make as part of the ceremony. These declarations are that there is no impediment to the marriage and that they accept each other as husband and wife. This section also provides for the use of an interpreter where one of the parties to the marriage, the solemniser or one of the witnesses does not have sufficient knowledge of the language of the ceremony.

There is also legal provision for the making of an objection to the marriage proceeding, and this can be made at any time before the ceremony.

Staff in all of the registration offices have been provided with detailed documentation concerning the application of the requirements of the new legislation and have been given comprehensive training on these.

In view of the above the Registrar General is satisfied that the processes and procedures in place are sufficient to ensure that marriages are being solemnised in accordance with the law.

The person concerned, who is self-employed in the construction industry, applied for jobseeker's allowance on 21 January 2008. A Deciding Officer assessed his weekly means at €385 and awarded the allowance to him at the weekly rate of €40.10 from 21 January 2008. A first payment, including arrears, issued to him on 25 February 2008.

The means assessment in this case is based on information supplied by the person concerned in relation to his earnings in 2006. It is open to him to provide my Department with more recent evidence of his earnings or to appeal the deciding officer's decision to the independent Social Welfare Appeals Office and a form for this purpose has been issued to him.

Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

The person concerned applied for carer's allowance on 10 December 2007. The case has been referred to my Department's Medical Assessor to determine if the care recipient requires full-time care and attention. On completion of the necessary investigations a decision will be made and the person concerned will be notified directly of the outcome.

Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These Officers are statutorily appointed and I have no role in regard to making such decisions.

Under the terms of the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the Executive based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or health service executive payment.

The Southern Area of the Executive has advised that the person concerned has already received a number of exceptional needs payments in addition to a number of heating supplements. The person concerned was refused an ENP for clothing in January 2008, as it was deemed that evidence of an exceptional need had not been presented. The Executive has stated that the matter is currently under review with the Executive's Appeals Office and has advised that the person concerned will be notified of its decision in due course.

I propose to take Questions Nos. 365 and 366 together.

The Health Service Executive has advised that the persons concerned are currently in receipt of a rent supplement of €598.13 per month and that the Executive's Appeals Office is to make a decision in relation to any arrears due. The persons concerned will be advised of the decision in due course.

Rent supplement is calculated to ensure that an eligible person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to his or her family circumstances, less a minimum contribution of €13 which each recipient is required to pay from his or her own resources. Many recipients pay more than €13 a week towards accommodation costs as they are also required to contribute a portion of any additional assessable means that they have over and above the appropriate basic supplementary welfare allowance rate.

The assessment of additional income of participants on a training course, such as the community employment scheme, has always been a feature of the rent supplement scheme. A person participating on a community employment scheme can continue to receive rent supplement, subject to satisfying the standard means assessment. Under improvements provided for in Budget 2007, where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, the first €75 of such additional income together with 25% of any additional income above €75, is disregarded for means assessment purposes. This ensures that those returning to work or participating in training schemes are better off as a result of taking up such an opportunity.

To have an entitlement to sign the live register for credited social insurance contributions, a person must previously have worked and paid contributions at the appropriate rate. If at any stage since starting work, a person has no contributions paid or credited for two full consecutive tax years, he or she will not have an entitlement to credited contributions until he or she returns to work and pays appropriate contributions for at least 26 weeks.

My Department's records show that the person concerned had previously paid contributions in the 1999/2000 contribution year. Since then she has only been employed from 6 December 2007 to 18 January 2008. Accordingly, she is not entitled to sign for credited social insurance contributions.

The current social assistance payment for separated parents and widows/ers with children is the One Parent Family Payment (OFP). This payment is means tested and in the case of separated persons also dependent on the recipient having sought maintenance from their former spouse.

The weekly rate of payment is €197.80, with an additional €24 per qualified child. The payment can be made until a child is 18, or 22 if in full-time education.

A claimant is entitled to have earnings up to €146.50 disregarded for the purposes of the payment with half the balance of any earnings up to €400 disregarded as means (this will increase to €425 in May 2008). In addition, a claimant can offset up to €95.23 received in maintenance per week against rent or mortgage payments. Thereafter, half of any balance of weekly maintenance is assessed as means.

Parents earning more than this upper income limit may also be able to claim Family Income Supplement, which is a payment made to families at work on low income.

Widows/ers under the age of 66 and without children can claim widow's non-contributory pension, which is paid at the same rate as OFP. This payment is also subject to a means test.

There are no payments specifically to cover communion/confirmation costs or the cost of other religious ceremonies as such. However, under the terms of the supplementary welfare allowance scheme a person whose means are insufficient to meet their needs may apply for the exceptional needs payment.

The scheme is administered on my behalf by the community welfare division of the Health Service Executive. Under the scheme, an exceptional needs payment may be made to help meet an essential, once-off cost which an applicant is unable to meet out of his/her own resources. Recipients of an exceptional needs payment would normally be in receipt of a social welfare or health service executive payment.

There is no automatic entitlement to Exceptional Needs Payment. The determination on whether or not an exceptional needs payment should be paid, is based solely on the need of the individual and the circumstances of each individual case.

The Health Service Executive has advised that it is awaiting the return of documentation from the persons concerned.

A decision will be made on the application for rent supplementation as soon as the persons concerned contact the community welfare officer and provide the relevant documentation.

The information requested is currently being compiled within the Department and will be made available to the Deputy as soon as possible.

I would refer the Deputy to my reply to Question No. 433 on 19 February 2008.

The Project in question is funded under the Community Development Programme. The Community Development Programme provides financial assistance to some 180 Projects nationally. These projects operate local resource centres or provide services aimed at addressing the problems faced by communities caused by poverty and disadvantage. Funded Projects meet the needs of women and children, those with disabilities, the homeless, lone parent families, the elderly, the unemployed, young people at risk, Travellers and other disadvantaged groups.

This project has been allocated funding of €130,000 for 2008. Projects were informed of funding in December 2007. The Department has not received a request for additional funding in excess of the allocated budget.

Is tagairt d'fhreagra ar chomhfhreagras a d'eisigh mé le déanaí atá luaite sa Cheist seo. Sa fhreagra sin, d'aontaigh mé le tuairimí a nochtaíodh maidir le deiseanna a thabhairt do dhaoine a raibh fonn orthu Gaeilge a fhoghlaim. Níl i gceist agam, áfach, forleathnú a dhéanamh ar chuile píosa comhfhreagrais chuig nó ó m'oifigse i bhfoirm freagra ar Cheist Dála.

While my Department keeps all its schemes and programmes under review on a regular basis, I have no specific plans at present in relation to the grant scheme under the Housing (Gaeltacht) Acts.

I am arranging for the information to be compiled as a priority and provided directly to the Deputy. It is not practical, within the time available to provide the information sought.

There are no plans to set up such a committee. There is however a high degree of co-ordination and consultation between the Departments, Boards and Agencies on issues related to marine, fisheries and coastal responsibilities. This co-ordination will continue and the Departments concerned will continue to work closely together in these matters.

The Programme for Government contains a number of animal welfare-related commitments including one to consolidate responsibility for the welfare of all animals, including non-farm animals, within my Department. Other such commitments include the updating of existing legislation to ensure that the welfare of animals is properly protected and penalties for offenders are increased significantly. The preparation of comprehensive legislation in the form of a draft Animal Health and Welfare Bill, to take account of these commitments is proceeding within my Department. In advance of its publication, my Department will engage in a form of public consultation regarding the proposed legislation, which will provide an opportunity for interested parties to submit their views.

Three applications were received in January 2008 requesting transfers of entitlements, for the 2007 scheme year, by way of leases to the person named from three other farmers.

As these applications were received seven months after the closing date for receipt of such applications, they were initially rejected. Upon appeal however from the person named, the applications have been accepted and have now been fully processed.

Payment on foot of each of these transfers issued to the person named on 21 February 2008.

The person named has been requested to clarify an apparent area discrepancy in an amended plan recently submitted and the application for payment cannot be processed until this is resolved.

S.I No. 753 of 2007, Cockle (Fisheries management and Conservation) (Waterford Estuary) Regulations 2007, signed by me on the 12th November 2007 closed the fishery to which the Deputy refers.

Environmental concerns including stock biomass will be taken into account when considering re-opening this fishery.

As part of his agreement to transform from REPS 2 to REPS 3 in October 2004, the person named undertook to submit a consolidated REPS 3 plan before 30 September 2006. An application for his third year payment was received on 20 October 2006, but it was not accompanied by the required consolidated plan. The person named was reminded on 8 December 2006 that a consolidated plan was required but no plan was received prior to his death in January 2007.

As the REPS contract was terminated automatically on the death of the participant, it is not possible at this stage to consider a consolidated plan.

The Community Support Scheme, recommended by the Report of the Independent Group, is not ordinarily directed at commercial salmon fishing licence holders (who have the opportunity to avail of payments from the Salmon Hardship Scheme) but rather at the development of additional economic opportunities for crews and employees in the processing and ancillary sectors in the communities where commercial salmon fishing has been a well established activity and where its withdrawal demonstrably impacts on their economic and social fabric for example, Gaeltacht areas.

The scheme is to be administered by the LEADER companies under the supervision of the Department of Communications, Energy and Natural Resources in conjunction with the Department of Community, Rural and Gaeltacht Affairs.

The coastal communities concerned will also benefit from schemes for the sustainable development of fisheries and aquaculture, which are being put in place in the line with the recommendations of the Cawley Report — Steering A New Course. These schemes are administered by Bord Iascaigh Mhara and Údarás na Gaeltachta.

REPS 3 closed for new applications at the end of 2006. The father of the person named died on 12 January 2007. It was not legally possible for the person named to apply for REPS 3 at that stage.

It is now possible for him to apply to join REPS 4.

The work of my Department is subject to continuous change especially in recent times with the introduction of the Single Payment Scheme, Decentralisation and additional responsibilities in the areas of animal health and welfare, habitats and climate change. Since 2005 overall numbers in the Department have been reduced by 400 and another 500 staff have been redeployed to new schemes. The location of posts has to take account of business requirements in a changing environment. Therefore this Department's staff levels in various locations has to be adjusted from time to time. There has been significant reductions in staff levels in the majority of this Department's Offices including local offices over the last 3 years. For example the Department's staff in Castlebar has reduced by over 50%. This Department will continue to monitor the situation in Johnstown Castle to ensure that all staff have gainful employment and can contribute fully to the achievement of the Department's mission. To this end a number of functions have been transferred to Johnstown Castle in recent times including the Wildlife Administration Unit, the Beef Import Licensing Section and additional resources have been assigned to the administration of Forestry, On-Farm Investment and REPS schemes.

The decentralisation programme as it relates to this Department involves the movement of posts from Dublin to Portlaoise; Cork city to Fermoy; the rationalisation of the Department's laboratories in Munster to Macroom; and the now completed move of the fisheries function to Clonakilty. No posts have or will move from Wexford to Portlaoise under the programme. Outside of the programme, posts may relocate within the Department in order to deliver operating efficiencies.

The top-up grant is available to eligible farmers under the Installation Aid Scheme who were set-up in farming for the first time between 1 May and 31 December 2006. Verification of an applicant's date of set-up only takes place when the IAS 2 (application for payment) is received from the applicant. As the applicant in this case has only submitted a preliminary application (IAS 1), it is not possible at this stage to determine eligibility for the top-up grant.

The European Commission first tabled proposals in 2004 on a review of the Less Favoured Areas (Disadvantaged Areas), with a view to having changes implemented as part of the Rural Development Framework for 2007-2013. The proposals represented a move away from designation based on socio-economic factors, (declining rural population, low productivity and low farm incomes), to a methodology favouring physical characteristics, (soil type, poor climate, slope and altitude of land). Agreement was not achieved because of the level of opposition from many Member States. Accordingly, the Commission agreed to allow the current criteria stand until 2010, with proposals, for new criteria to be brought forward in 2008, for implementation from 2010 onwards.

An evaluation of the Less Favoured Areas Measure in the Member States was carried out on behalf of the Commission by the Institute for European Environmental Policy and published in November, 2006. Bilateral meetings between the Commission and Member States, are taking place and following their conclusion the Commission intend to prepare and finalise a proposal for submission to the Council of Ministers. It is expected that this proposal will be made in May 2008 with a view to having it adopted by the Council prior to the end of this year.

My officials and I will work very closely with the Commission and my colleagues in the Council of Ministers with a view to achieving the optimum outcome for Ireland.

The EU Council of Ministers will, at my request, discuss the development of the sheep sector at its next meeting on 17th March. The re-introduction of the ewe premium is one of several recommendations made in the Ernst and Young report to address issues in the sector. It is premature to draw definitive conclusions as to the merits of those recommendations. I will be guided by the discussions at the Council of Ministers and by the ongoing consideration within my Department as to the advantages and disadvantages of possible support actions.

The sheep sector is an important part of the overall agri-food sector and its future depends on its ability to meet the needs of the market. The Sheep Industry Strategy Development Group and the subsequent Implementation Group set the blueprint for the sector's future development. Most of the recommendations fall to be implemented by the industry itself but my Department and the state agencies under my aegis are also playing an active role.

Under REPS 4, a new mixed grazing measure specially targeted at sheep farmers has been introduced and there are signs of interest in it among applicants to date under that scheme.

The plans for the upgrading of a Sheep Genetic Improvement Programme have been advanced. The next stage of the process is to agree an interim structure and framework for a new breed improvement programme and extensive consultation with all stakeholders is planned in forthcoming months. My Department is taking the lead in arranging these consultations with the involvement of the farm bodies, pedigree breeders, Teagasc and ICBF. It is hoped that agreement can be reached and a new programme put in place for the 2008/2009 sheep breeding year.

Transparency on pricing is a pre-requisite for efforts to improve quality and respond to the needs of the market. Farmer confidence in the pricing system operated by plants will be improved if mechanical grading can be introduced. My Department is facilitating trials on this that are set to begin later this month.

Teagasc are making a very positive contribution as well and have developed a comprehensive plan to restructure their sheep support services, including a programme for Technology Evaluation and Transfer farms, which includes hill and lowland areas. This approach will provide an opportunity for developing a dialogue with sheep farmers about the application of the latest management practices to their enterprises and identify research and development needs.

The Lamb Quality Assurance Scheme was established in 2007. Bord Bia is also playing a prominent part. A total of 4,683 farms have been registered to date and 2,501 farm audits have been carried out. In 2007 the Department made available €0.4m to support inspections under the scheme and this funding will be repeated again in 2008 and 2009.

In addition to the measures being taken at producer and processor level, promotional efforts are very necessary. Bord Bia will continue to organize strategic marketing campaigns marketing in selected European markets. The downward trend in lamb consumption in certain markets presents a real challenge. To address this, Bord Bia is collaborating with its French and British counterparts on a 3 year generic lamb promotion on the very important French market to promote lamb to younger consumers.

Payments under the Farm Improvement Scheme continue to be made to farmers who have satisfactorily completed work under the Scheme.

To date, 21,077 slatted units have received approval to commence under the revised Farm Waste Management Scheme which requires all investment work to be completed before the end of 2008. Of these, 1,192 units have been approved to commence in County Kerry. Grants have been paid, to date, on 4,048 completed slatted units throughout the country. Of these, 247 were in County Kerry.

Various measures have been taken by my Department to reduce its carbon footprint. One of the most significant initiatives was the installation in 2007 of a new wood-fired heating system in my Department's offices at Johnstown Castle, Wexford, as an alternative to fossil fuel. This system provides all office and water heating. Following a survey carried out by the Office of Public Works it has been decided to install biofuel heating systems in the following offices of my Department; Ballina AES Office, Cavan Regional Office, Castlebar Office, Ennis Local Office, Enniscorthy Local office, Longford Local office, Mullingar Local Office and Nenagh Local Office. It is envisaged that the Office of Public Works will have these systems installed later this year. Also, in recent months the electricity supply to the following Regional Offices has been switched to renewable energy sources; Cavan, Johnstown Castle, Maynooth and Portlaoise.

In addition, recycled paper/paper products accounts for approximately 25% of expenditure on office supplies in my Department. A large percentage of the additional spend would be in respect of printer paper. The printer paper currently used in my Department, though not recycled, is produced from renewable forest sources. The supplier has indicated that a new recycled paper of a higher quality that may overcome the machinery reliability issues is now available. This product will be tested by my Department in the near future.

Other measures in place include:

The use of automotive diesel with 5% biodiesel blend in the farm road vehicles at Abbottstown and Backweston farms,

The use of video-conferencing between the various office locations,

The promotion of on-line services,

The provision of an e-working facility whereby staff may work away from their ‘home' office, where suitable, in a Departmental office nearer to their home,

The replacement of Cathode-Ray Tube monitors with flat-screen monitors and the introduction of energy-efficient PCs/Servers, which have power-management features,

The disposal/recycling of all ICT related hardware equipment in an environmentally friendly manner, and

A daily bus service from Wexford Town, which brings staff to and from work in Johnstown Castle.

My Department is also of course involved in the development and promotion of a number of green energy projects. Measures taken by agencies under the aegis of my Department to reduce their carbon footprint are operational matters for the agencies themselves.

To be eligible for enrolment on a VTOS course, a person must be 21 years of age and have been signing for credits for at least six months (156 days) directly before commencing their course.

My Department, through substance abuse prevention education in primary and postprimary schools, is committing considerable resources in support of the overall aim of the Government's policy in relation to drugs, which is to provide an effective, integrated response to the problems posed by drug misuse.

Drug prevention education is implemented as part of the Social, Personal and Health Education (SPHE) curricula in post-primary schools. The SPHE curriculum is mandatory up to Junior Certificate Level in which substance use is one of 10 modules taught.

The senior cycle Curriculum Framework for SPHE has been agreed by Council. However, Council was of the view that as the implementation of such a framework would present many challenges for schools and the education system, it should, when issued to the DES, be accompanied by comprehensive advice on how the framework should be implemented in schools.

All post-primary schools are invited to inservice training in SPHE each spring and autumn on a regional basis. A selection of SPHE topics are offered to teachers, including substance use education. Health Promotion Officers and Regional Development Officers along with experts in specific areas, such as substance use education are involved in the delivery of this inservice.

The National Council for Curriculum and Assessment (NCCA) SPHE course committee has finalised a Framework SPHE curriculum for Senior Cycle students at post-primary level, and is now in the process of working with a small group of schools looking at how the framework could best be implemented at ground level before finalising advice for the DES on the implementation of the Framework. Both the Framework and the advice on implementation should be approved by Council by June and will subsequently issue to the DES. The evidence available to me from the national SPHE Support Service informs me that the substance misuse education prevention programmes being implemented as an integral part of the SPHE curricula is in line with best international practice.

It is assumed that the site to which the Deputy refers is the one where the school is currently located. That being the case, the site in question is not the planned long term home for the school. Its location there is a temporary arrangement. The Department is aware of the need to provide permanent accommodation for the school and it is in on-going discussions with the local authority and landowners for the purpose of identifying and acquiring a suitable site as quickly as possible to enable this.

I am pleased to inform the Deputy that the situation in relation to the site issue at Gaelscoil Phortlaoise has been resolved and the school authorities notified.

The appointment of a Design Team for the project referred to by the deputy has not yet been completed. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's multi annual School Building and Modernisation Programme.

The building project for the school referred to by the Deputy is at stage 3 (i.e. Developed Sketch Scheme) of the architectural planning process. This stage has been received and reviewed in my Department. Additional information is being sought from school's Design Team. As soon as this information has been received a review meeting will be organised between the Board of Management, its Design Team and the Department to assess the submission. Further progress on the project will then be considered in the context of my Department's multi-Annual School Building and Modernisation Programme.

Section 1 of the Youth Work Act, 2001 provides for sections to be commenced at different stages. Sections 2-7, 17, 18 and 24 have been commenced to date. A sub-committee of the National Youth Work Advisory Committee (NYWAC), representative of both statutory and voluntary sectors as well as of my Department, has been progressing the groundwork, including the development of detailed guidelines and procedures, which are vital for the further coherent implementation of the Act. The work of this sub-committee is continuing.

Significant progress has been made since 2006 in the roll out of the Act at local level. A structure for the resourcing of VECs to carry out the functions set out for them under the Youth Work Act, 2001 was agreed between my Department and the Irish Vocational Education Association (on behalf of the 33 VECs) in July 2006. This structure provided for the appointment of a number of Youth Officers (21.5 posts) to be shared by 25 VECs and outlined the salary scale and functions of the posts. In addition, existing posts in the remaining eight VECs were re-designated as Youth Officer posts. I will determine further sections of the Act for implementation, having regard to the advice of the National Youth Work Advisory Committee, as the necessary procedures are finalised and as resources permit.

I propose to take Questions Nos. 400 and 401 together.

Final data are not yet available on the number of pupils leaving or entering schools for the 2007/2008 school-year. Data on the numbers of pupils leaving National Schools and entering aided Second Level schools in 2005 and 2006 are contained in the following table.

Enhancing attendance, progression, retention and attainment are central to DEIS (Delivering Equality of Opportunity in Schools) the action plan for educational inclusion, which has being implemented in 873 schools comprising 670 primary schools (338 urban/town schools and 332 rural schools) and 203 second-level schools. This represents a shift in emphasis away from individual initiatives, each addressing a particular aspect of the problem, with the new plan adopting a multi-faceted and more integrated approach. This is the first time that an integrated educational inclusion strategy has been developed for 3–18 year olds in this country.

The key principle of early intervention, to identify and help children at risk of leaving school early, is a major component of DEIS, with a continuing emphasis being placed on the development of effective transfer programmes for pupils making the transition to second-level, by building on the existing work of the HSCL scheme and the School Completion Programme in this area.

The School Completion Programme was established to directly target those in danger of dropping out of the education system and is a key component of my Department's strategy to discriminate positively in favour of children and young people who are at risk of early school leaving. In line with current thinking, the Programme favours an integrated cross-community and cross-sectoral approach based on the development of local strategies to ensure maximum participation levels in the education process. It entails targeting individual young people, both in and out of school, and arranging supports to address inequalities in educational access, participation and outcomes. A key component of the School Completion Programme (SCP) is developing strong links between primary and post-primary schools in disadvantaged areas.

The Home School Community Liaison (HSCL) Scheme is a key intervention to improve the educational outcomes of children from disadvantaged areas by promoting active cooperation between their parents and teachers and encouraging community involvement. Through their work with parents, HSCL officers seek to raise parents' awareness of the need to encourage their children to work hard at school and to help parents to improve their own capacities to enhance their children's educational progress and to assist them in developing relevant skills.

Progression from primary to second-level is recognised as a crucial transition period in a child's education. Initiatives such as Familiarisation Days and week-long transfer programmes for new entrants to second level have been shown to have very positive results in helping children to make a smooth transition to their new school. The strengthening of such programmes is being prioritised under DEIS.

Source: Census of Primary Schools, Statistics Section.

Notes

1 The year refers to the full year immediately preceding the primary census date. For example "2006" refers to the period 1st October 2005 to 29th September 2006.

2 Pupils leaving Special Education (Special Classes or Special Schools) are not included in the above figures.

Source: Census of Post-Primary Schools, Post-Primary Pupil Database.

Note: The numbers entering first year of Junior Cycle include numbers of pupils coming from abroad, transferring from other second-level schools and those coming from other sources.

Schools are privately managed institutions which, although funded by the State, enjoy a large degree of autonomy. It is, therefore, primarily a matter for each school to devise guidelines around the types of food that is available on the school premises and such policies should be driven by the needs and welfare of the pupils. I know that many schools have developed healthy eating policies in co-operation with their parents' associations and I would encourage others to do so also.

In relation schools/colleges provided under the Public Private Partnership (PPP) model my Department has to date entered into three separate contracts. The three contracts cover the 5 Pilot PPP Schools, the National Maritime College and the Cork School of Music.

In the contracts agreed for the 5 Pilot Schools while the Operator is responsible for the vending machines the location, content and availability of vending machines were agreed through discussion between the Operator and the School Authorities concerned. The contract stipulate that, if catering and/or vending is provided, the PPP Operator must pay a guaranteed income to the authority regardless of the level of net income received from these services.

The Minister and or the Management Authority of the school can also request the PPP Operator to withdraw products from sale. Where products are withdrawn the contract provides for the level of guaranteed income to be revised. The contract does not, however, require that a level of compensation be paid to the PPP Operator. In the Cork School of Music and in Bundles 1 and 2 the presence of the vending machines and their content is entirely a matter for the school authority.

As the Deputy will be aware, there have been significant developments in special education since 1998 involving enhanced levels of provision as well as new structural and legislative frameworks for the delivery of services to pupils with Special Educational Needs. The requisite qualifications for filling Learning Support/Resource Teaching posts and Resource Teaching posts are outlined in section 6 of my Department's circular Sp Ed 02/05, a copy of which has issued to all schools.

With regard to the development of teacher skills, the Teacher Education Section of my Department established the Special Education Support Service (SESS) in September 2003. The service consolidates, co-ordinates, develops and delivers a range of professional development initiatives and support structures for school personnel working with students with special educational needs in a variety of educational settings. These settings include mainstream primary and post-primary schools, special schools and special classes. The SESS provides comprehensive in-service training and support in the following areas:

In-School Support

Individual Professional Development (Face-to-face and through online media)

Group Professional Development Initiatives

Telephone Helpline and E-mail Support

In addition, Teacher Education Section (TES) funds accreditated courses for teachers to develop their knowledge and skills with regard to Special Educational Needs and learning support. These courses include:

Combined Post-Graduate Diploma Programme of Continuous Professional Development for Teachers involved in Learning Support and Special Education, which is available through seven institutions throughout the country and Masters qualification in Special Educational Needs (St. Patrick's College, Drumcondra)

Graduate Certificate in the education of pupils with ASD (St. Patrick's College, Drumcondra) Certificate/Diploma in Education (Special/Inclusive Education) which is delivered online on a collaborative basis by the Institute of Child Education and Psychology and St Patrick's College Drumcondra.

In relation to Special Needs Assistants (SNAs), I wish to advise the Deputy that the TES also funds SNA Certificate courses in Mary Immaculate College, St Angela's College and Church of Ireland College of Education. The TES also fund introductory courses for SNAs in Education Centres throughout the country.

In 2007, over 17,000 training places were provided by the SESS for teachers wishing to avail of continuing professional development in Special Educational Needs and 430 places were provided on accredited courses for teachers of children with Special Educational Needs. In addition, the Teaching Council was established on a statutory basis in March 2006 to promote teaching as a profession at primary and post-primary levels, to promote the professional development of teachers and to regulate standards in the profession.

As the Deputy can see, significant investment has been made in the area of teacher training and upskilling in recent years and I am confident that those helping children with special educational needs have the opportunity to develop their skills in this area where necessary.

The project to which the Deputy refers is currently at an advanced stage of architectural planning. The progression of all large scale building projects, including the project referred to by the Deputy, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government's commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

Starting time for schools is a matter for individual boards of management to determine in accordance with the requirements set out in Circular 11/95 on "Time in School". This circular is available on my Department's website at www.education.ie.

Sections 14, 15 and 23 of the Education Act,1998 assigns each Board of Management and Principal Teacher responsibility for the day-to-day management of schools. Principals should organise supervision for the order and general behaviour of pupils during school hours. In particular, they should organise and participate in the effective supervision of the pupils during breaks, lunch-breaks, assembly and dismissal.

Rules 121(4) and 124(1) of the Rules for National Schools and Section 23(2) of the Education Act 1998 oblige teachers to take all reasonable precautions to ensure the safety of pupils and to participate in supervising pupils when the pupils are on school premises, during school time and/or on school activities. Accordingly, the responsibility of all teachers individually and collectively to provide a duty of care at all times towards the pupils in the school in which they teach, including periods of supervision remains.

While my Department does not issue specific guidelines on requirements for supervision of different age pupils, it acknowledges that the degree of supervision required of school authorities varies with the circumstances, including the age of the pupil. This duty, in the case of very young pupils, might include an obligation to ensure that such pupils do not leave the classroom without appropriate supervision.

The architectural planning of the school building project referred to by the Deputy is at an advanced stage. The progression of all projects to tender and construction, including this project, will be considered on an ongoing basis in the context of my Department's Multi Annual School Building and Modernisation Programme.

I propose to take Questions Nos. 407 and 408 together.

The Deputy will be aware that the Programme for Government commits to the long-term funding for the centres that are currently in the ABA pilot programme subject to agreement with my Department on standards that will enable the Department to support them as primary schools for children with autism. The issue is being actively progressed and my Department officials have met with the IAA on several occasions to advance this matter.

The centre in question has formally applied for special school status and officials in my Department are progressing this directly with them. Special school status means that the centre in question will operate as a recognised school with all the associated terms and benefits of being a school — including school structure, staffing and management and access to current and capital funding on an on-going basis.

It is the policy of my Department to ensure that payments due to companies in respect of services, including those referred to by the Deputy, are made as expeditiously as possible. The Deputy will appreciate however that queries may arise in specific cases that need to be resolved before payments can issue. However the Deputy can be assured that my Department will continue to issue payments due at the earliest possible date. As the relevant staff is focused on making payments which are due, it is not my intention to delay these payments by diverting resources to collate the specific data sought by the Deputy.

The development of the proposed building project for the school referred to by the Deputy is at an advanced stage. The progression of all large scale building projects from initial design stage through to construction phase, including the project in question, will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

A Building Project for the schools, to which the Deputy refers, has been assigned a Band1 rating under the published prioritisation criteria for large scale building projects. It is envisaged that the project will provide for accommodation to cater for 2 no. 20 classrooms schools and associated ancillary works on the existing school site.

The process to appoint a Design Team for the proposed building project has commenced and is currently at the Pre Qualifications Stages. The process to appoint the Project Supervisor at Design Stage (PSDS) is also under way. When the Design Team and the PSDS are appointed, the progression of the project through the various stages of architectural planning will be progressed in the context of my Department's multi annual School Building and Modernisation Programme.

A draft Statutory Instrument and Regulatory Impact Screening document is currently being finalised and will issue shortly for consultation. This will provide for a statutory underpinning for the primary school curriculum.

I assume the Deputy is referring to the Small Schools Scheme — also known as the devolved scheme — under which schools have been offered funding to build a small number of extra permanent classrooms. As the Deputy will be aware, this Government has prioritised improvements in school buildings with unprecedented levels of investment and improved delivery mechanisms. The Small Schools Scheme did not exist at all until we introduced it in 2003. Between 2003 and 2007, nearly 400 schools were approved for funding under this scheme. As I have made clear in my speech on Budget 2008 and on many occasions since, with so many small projects completed in recent years, the focus of the school building programme this year will be primarily — but not exclusively — on larger projects. In that context, the Small Schools Scheme will not be on the same scale this year as in 2007. Decisions regarding the allocation of funding in respect of the scheme in 2008 will be taken in due course. The approximately €600 million being provided for the school building programme this year represents a 9% increase on the school's capital allocation in Budget 2007.

As the Deputy may be aware, the vast majority of support for childcare, including pre-school education, is not provided by my Department, but is now provided by the Office of the Minister for Children under the National Childcare Investment Programme 2006-2010 which is the successor programme to the Equal Opportunities Childcare Programme.

Investment of €575 million under the NCIP aims to create an additional 50,000 places. 10,000 of these places will be for pre-school children.

My Department's main interventions in Early Years have been targeted towards children who experience disadvantage or who have special needs. This will continue to be a priority for my Department.

During the period of the last National Development Plan 2000-2006 my Department accelerated the school building programme with record levels of investment and the streamlining of delivery systems. An aggregate total of well over €2.6 billion was invested in upgrading existing school infrastructure and providing new school accommodation at both first and second-level. This programme delivered over 7,800 building projects in addition to investment in site purchases; the annual minor works grant to all primary schools, science and technology initiatives, contingency works and grants for the purchase of furniture and equipment including improving equipment needed for new technologies and ICT.

Innovations in the delivery of school buildings such as Generic Repeat Designs and the use of the Design and Build model ensure that new school buildings are delivered in the fastest time-frame possible. My Department also adopted a policy of devolving much greater authority to local school management boards to manage and deliver smaller building projects, thereby freeing my Department to concentrate on the larger scale projects.

The budget for 2007 was the first year of the rollout of the new NDP 2007-2013 which will involve an investment of over €4.5 billion in school building infrastructure over the coming years to ensure that school places are available where needed. This investment will be the largest in the history of the State and will enable my Department to continue to take a proactive approach to the provision of modern school accommodation particularly in developing areas and the upgrade of existing accommodation. Construction in 2007 alone involved over 1500 building projects which will deliver over 700 classrooms to provide permanent accommodation for over 17,500 pupils.

The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government's commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

On 1 February, I announced a list of schools which are due to go to construction in 2008. It is also my intention to make a further announcement after Easter to allow a further batch of schools to commence construction and to update progress on the new schools planned for September 2008 delivery in developing areas.

The Deputy will be aware of my commitment to ensuring that all children including those with autism can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who may draw from a range of autism-specific interventions, including ABA, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of interventions so their broader needs can be met.

In excess of 275 autism-specific classes have now been approved around the country at primary and post primary level by my Department in conjunction with National Council Special Education (NCSE), while more are being set up as required. At primary level there are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them on a case by case basis. In addition, there are in the region of 2,100 children with autism who are receiving additional teaching and/or special needs assistant support in mainstream schools.

My Department is currently funding a number of ABA pilot schemes which was established in the absence of this network of special classes in our schools. These centres currently cater for approximately 240 children.

As the Deputy will be aware all primary and post-primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA). Schools that do not currently have NEPS psychologists assigned to them may avail of the SCPA, whereby the school can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly.

NEPS does not keep waiting lists for assessments of children but, in common with many other psychological services and best international practice, encourages a staged assessment process, whereby each school takes responsibility for initial assessment, educational planning and remedial intervention, in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school's best efforts, will a child be referred for individual psychological assessment. This system allows the psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. It also ensures that children are not referred unnecessarily for psychological intervention.

I can inform the Deputy that during 2006/07 my Department, through NEPS, funded some 4,416 psychological assessments under the SCPA, 3,645 of which related to pupils in primary schools and 771 in post-primary. In this period NEPS psychologists undertook casework in respect of some 8,183 named pupils, including cases under the Reasonable Accommodation for Certificate Examinations (RACE) scheme on behalf of the State Examinations Commission. Of this total 4,301 cases related to primary pupils and 3,882 to post-primary pupils. In addition it is estimated that NEPS psychologists gave consultations, advice and assistance to teachers and school authorities in respect of an additional 5,000 un-named pupils, although this figure is not disaggregated by level of school.

Since May 2007 the number of psychologists employed within the NEPS service has increased from 128 to 138 and during 2008 this complement will increase to 169. In this regard, following a national recruitment process put in place in late 2007 by the Public Appointments Service, interviews in this regard have recently been completed and regional panels are currently being formed from which recruits will be drawn for appointment to priority regions. As I have previously stated, and in line with Government commitments under the T2016 Agreement, it is further my intention to increase NEPS psychologist personnel to 200 during 2009.

Officials in my Department have been pursuing the question of sourcing a site to accommodate the school to which the Deputy refers.

All applications for large scale capital funding are assessed against published prioritisation criteria and assigned a band rating. Progress on individual projects is then considered in the context of the multi-Annual School Building and Modernisation Programme.

In 2002 my Department approved the provision of an additional 75 places on new courses in Speech and Language Therapy in University College Cork, National University of Ireland, Galway and University Limerick in addition to 25 places on an existing course in Trinity College Dublin. As a result there has been a significant increase in the numbers of Speech and Language Therapists graduating from universities in recent years. Some 92 Therapists graduated 2007 compared to 21 in 2004.

It is understood from the Higher Education Authority that 109 places are currently offered annually on Speech and Language Therapy courses compared to 25 places in 2002.

The following table details the number of graduates from 2002/03 to 2006/07. Future graduate output is expected to be in line with these numbers.

I propose to take Questions Nos. 420 to 425, inclusive, together.

The Deputy will be aware of my commitment to ensuring that all children including those with autism can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who have received additional training in autism, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of methods so their broader needs can be met.

In excess of 275 autism-specific classes have now been approved around the country at primary and post primary level by my Department in conjunction with National Council Special Education (NCSE), while more are being set up as required. At primary level there are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them on a case by case basis.

The Deputy will be aware that the pilot programme to which she refers was established in the absence of this network of special classes that is now in our schools and will not be expanded. We are determined instead to ensure that each child has access to the autism-specific education that is now being made available in schools throughout the country.

The Deputy will be aware that the Programme for Government commits to the long-term funding for the centres that are currently in the ABA pilot programme subject to agreement with my Department on standards that will enable the Department to support them as primary schools for children with autism.

I am pleased to advise that the issue is being actively progressed and my Department officials have met with the IAA on several occasions to progress this matter. Capital funding for centres will also be included in the discussions. While these discussions are ongoing, my Department will not fund any expansion in the number of children attending the centres. Special schools cater for children up until they are 18 years of age.

Forálann Alt 8 den Bhunreacht gurb í an Ghaeilge an teanga náisiúnta agus príomhtheanga an Stáit. Sa chomhthéacs seo, déantar gach dícheall chun a chinntiú go gcuirtear deiseanna ar fáil trí réimse áisíneachtaí chun cur i gcumas daoine óga agus aosach an teanga a fhoghlaim. Insna scoileanna, tá an Ghaeilge ina hábhar riachtanach do chríochnú na timthriallach shinsearaí ag gach uile macléinn cé is moite dóibh siúd ar deonaíodh díolúine dóibh. Cuireadh curaclam nua bunscoile sa Ghaeilge i bhfeidhm i 2003, a bhí bunaithe ar chur chuige cumarsáideach a chuireann béim faoi leith ar scileanna éisteachta agus labhartha a fhorbairt, agus tá forbairt phroifisiúnta do mhúinteoirí curtha ar fáil ag seirbhís tacaíochta lánaimseartha. Ag leibhéal na hiarbhunscoile, tá méadú go dtí 40% fógartha agam i gcéatadán na marcanna atá ar fáil do na béalscrúduithe, a mbeidh feidhm aige i leith gach iontrálaí nua ar an dara leibhéal ó Mheán Fómhair 2007 amach. Tá sé seo ceaptha chun athrú suntasach béime a chur chun cinn i dtreo na Gaeilge mar theanga labhartha, inar féidir le micléinn comhchaidreamh agus idirghníomhú a bheith acu lena chéile go nádúrtha, agus ina labhraítear an Ghaeilge gach lá insna scoileanna.

Tá dul chun cinn nach beag déanta ag mo Roinnse chomh maith i soláthar téacsleabhar agus acmhainní chun tacú leis an nGaeilge insna scoileanna, go háirithe ó cuireadh Scéim na nDearthóirí ar bun i 2001, agus ó cuireadh An Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta ar bun i 2002. Cuireadh An Chomhairle ar bun chun soláthar téacsleabhar agus áiseanna chun tacú leis an nGaeilge a chomheagrú, chun comhairle a thabhairt maidir le beartais a bhaineann leis an nGaeilge i scoileanna i gcoitinne agus i nGaelscoileanna agus scoileanna Gaeltachta, chun seirbhísí taca a chur ar fáil trí mheán na Gaeilge, agus chun taighde a sheoladh sa réimse seo. Oibríonn An Chomhairle go dlúth leis An nGúm, le Scéim na nDearthóirí agus le háisíneachtaí eile chun tabhairt faoin easpa acmhainní agus ábhar trí mheán na Gaeilge. Tá eolaire fairsing acmhainní foilsithe aici ar a suíomh gréasáin, agus 113 leathanach ann, d'ábhair agus acmhainní atá ar fáil anois chun tacú le múineadh na Gaeilge sa churaclam, agus le múineadh ábhar eile trí Ghaeilge, insna mbunscoileanna agus na hiarbhunscoileanna araon.

Maidir leis an dtríú leibhéal, cuireann Acadamh na hOllscolaíochta Gaeilge, Ollscoil Náisiúnta na hÉireann, An Ghaillimh, réimse clár trí Ghaeilge ar fáil ar an gcampas agus i lárionaid eile, agus tá trí lárionad aige sa Ghaeltacht i gCarna, sa Cheathrú Rua agus i nGaoth Dobhair. Tairgeann an coláiste cláir céime nó dioplóma i: Cumarsáid, Aistriúcháin, na hEalaíona, Oideachas, Gnó, Béaloideas, agus Teicneolaíocht Faisnéise. Bhunaigh Ollscoil Cathrach Átha Cliath Fiontar i 1993 chun cláir trí Ghaeilge a thairiscint, agus tairgeann sé dámhachtainí i nGnó agus Gaeilge, Gnó agus TFC, Cleachtadh Dátheangach, agus Gaeilge agus Iriseoireacht. Forlíontar an clár seo trí thionscnaimh ar scála níos lú i gcoláistí eile.

Mar fhocal scoir, cuireann mo Roinnse, maraon leis an Roinn Gnóthaí Pobail, Tuaithe agus Gaeltachta, scéimeanna deontais ar fáil chun tacú le soláthar cúrsaí samhraidh sa Ghaeltacht do dhaoine óga chun cur ar a gcumas iad féin a thumadh sa Ghaeilge agus sa chultúr Gaelach. Baineann suas le 25,000 macléinn gach bliain feidhm as an gclár seo a thairgeann na Coláistí Samhraidh. Cuireann mo Roinn réimse deontas ar fáil do Choistí Gairmoideachais chun cur ar a gcumas oiliúint ghairmiúil a chur ar fáil d'aosaigh. Ina theannta sin, íoctar liúntais do na CGOanna agus do na scoileanna dara leibhéal chun cur ar a gcumas cúrsaí páirtaimseartha a chur ar fáil ar bhonn féin-mhaoinithe mar fhreagairt ar éileamh ón bpobal. Bunaíodh Breacadh i 2000 chun tacú leis na CGOanna agus iad ag iarraidh litearthacht aosach den scoth a chur ar fáil sa Gaeltacht trí mheán na Gaeilge. Tá sé freagrach ach go háirithe as forbairt ábhar agus cúrsaí oiliúna don Ghaeltacht. Is í an Roinn Oideachais agus Eolaíochta a mhaoiníonn Breacadh, agus oifigigh aosoideachais ó na CGOanna agus Comhlachtaí Páirtnéireachta sa Ghaeltacht a stiúrann é. Forlíontar é seo trí réimse leathan cúrsaí a chuireann comhlachtaí Gaeilge ar fáil.

I can inform the Deputy that my Department is aware of the case of the pupil mentioned in his question and that an appointment has already been made between the local NEPS psychologist and school authorities in relation to the carrying out of an educational assessment in regard to this child.

The lease for the school referred to by the Deputy is held in my Department.

The lease which is for 99 years will expire in the year 2011. The Deputy should note that the lease in this instance guarantees that the school property is retained for Educational use. If the school moves premises or the building is no longer required for educational use, arrangements can be made to surrender the lease however the Department may seek a full or partial refund of the capital investment which is subject to the lease.

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations, including organising the holding of examinations and determining procedures in places where examinations are conducted.

In view of this, I have forwarded your query to the State Examinations Commission for direct reply to you.

The Deputy will be aware that the education of children with special educational needs is a key policy priority for the Government. Much has already been achieved in this area in terms of delivering additional teaching and care supports. There have been significant developments in special education since 1998 involving enhanced levels of provision as well as new structural and legislative frameworks for the delivery of services to pupils with special educational needs.

There are now over 8,800 teachers at primary and post-primary schools working directly with children with SEN, including those requiring learning support, compared with fewer than 1,700 in 1998. In addition, significant progress has been made in relation to increasing the number of special needs assistants (SNAs) in our schools who specifically cater for children with care needs. There are currently in excess of 9,800 SNAs in primary, post-primary and special schools supporting pupils with special care needs compared with approximately 300 in 1998.

Additional teaching supports are allocated as necessary by the National Council for Special Education (NCSE) in line with my Department's policy to support children with special educational needs. It must also be acknowledged that, during the necessary period of preparation and planning for the roll-out of the Education for Persons with Special Educational Needs (EPSEN) Act 2004, the Department continues to expand capacity and services for students with special educational needs.

As the Deputy will be aware, Primary and Second-Level schools have a responsibility to provide a broad, balanced and appropriate curriculum for all students. Social Personal and Health Education (SPHE) is now part of the curriculum for all pupils in primary schools. It provides specific opportunities to enable the child to understand himself or herself, to develop healthy relationships, and to establish and maintain healthy patterns of behaviour.

SPHE has been compulsory in the junior cycle of second-level schools since September 2003. It provides students with a unique opportunity to develop the skills and competence to learn about themselves and to care for themselves and others and to make informed decisions about their health, personal lives and social development.

Modules at junior cycle deal specifically with belonging and integrating, handling conflict constructively, bullying, dealing with peer pressure, coping with stress, emotional health and well-being, influences on decision-making, and relationships and sexuality education. In third year, an awareness of the range of agencies which can help students in difficulty is promoted, as well as the skills of knowing when and how to seek help. SPHE is designed for implementation in the context of a caring whole-school approach which is supported by the pastoral care structures in schools.

The implementation of the SPHE curriculum by schools is a very important strand of Government policy in addressing a range of social and health issues covered by a wide range of policies/strategies, including the National Drugs Strategy, the National Suicide Prevention Strategy and the report of the National Task Force on Obesity.

Work on the development of a curriculum for SPHE in Senior Cycle is now at an advanced stage and the Department looks forward to receiving the National Council for Curriculum and Assessment's (NCCA) recommendations in the matter. Schools also use Mental Health Matters, a resource pack on mental health for 14 to 18 year olds developed by Mental Health Ireland on an optional basis as a module in the Transition Year Programme, an element of the Leaving Certificate Applied Programme, a component of the SPHE programme or an element of other subjects such as Religion or Home Economics.

All post-primary schools receive ex-quota hours from my Department for the provision of a guidance and counselling service to students. The service is delivered in the majority of schools by guidance counsellors who are qualified to provide counselling support to students.

Schools can also use additional resources provided by my Department under various initiatives to buy in the services of a qualified counsellor/psychotherapist if they consider this necessary to meet students' needs. For example, schools participating in Delivering Equality of Opportunity in Schools (DEIS), the School Completion Programme and the Guidance Enhancement Initiative (GEI) can, and do, use some of the resources received under these initiatives to buy in counselling services.

My Department also provides funding to the Institute of Guidance Counsellors (IGC) for a programme of professional supervision for its members. In its first year, 75% of guidance counsellors participated in this programme which is operated through education centres on a national basis. Approximately 60 qualified counsellors provide support and advice on a range of counselling and mental health issues to the guidance counsellors who are participating in the programme. In addition, my Department provides funding to each of the sixteen branches of the Institute of Guidance Counsellors to support the provision of continuous professional development for the members of each branch.

Through the Education Equality Initiative the Department has funded Schizophrenia Ireland to design and develop training materials for educators and students who self-experience mental illness; to implement awareness training programmes for staff in further education colleges; to set up support structures for people with self experience who aspire to attend Further Education courses and to research good practice in Ireland and abroad. Third Level Learning support services provided to students with mental health difficulties include one-to-one specialist tuition and subject specific tuition. One-to-one specialist tuition provides students with organisation, communication and learning skills to cope with the demands of social, personal and academic integration into Higher Education. Additional subject specific tuition may be provided to compensate for lectures missed due to absences, hospital appointments, effects of medication etc.

I assure the Deputy that further improvements in supports for young people are a priority and that recommendations in ‘A Vision for Change' are being considered in that context.

I propose to take Questions Nos. 431 and 432 together.

In 2006, the school to which the Deputy refers, agreed to an annual fourth stream intake to cater for additional pupil places in the area. An application for major capital works is being progressed to extend the school to cater for this development.

Appointment of a design team is the first step in the architectural planning of a major capital school building project, accordingly, I correctly stated on the 14th of February last that the proposed project is in the early stages of architectural planning.

The process to appoint a Design Team for the proposed building project commenced in October 2007 and the Pre Qualification Stage is complete. Issue of Award Stage documentation will take place in the near future. The process to appoint the Project Supervisor at Design Process (PSDP) is completed.

When the Design Team is appointed, the progression of the project through the various stages of architectural planning will be progressed in the context of my Department's multi annual School Building and Modernisation Programme.

An application for capital funding towards the provision of additional accommodation has been received from the school authority. All applications for large-scale capital funding, including the application in question, are assessed against published prioritisation criteria and assigned a band rating. Progress on all projects will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

An application for funding to provide an extension has been received from the school authority. The long-term needs of the school have been assessed within the Department and agreed with the school authority. It is proposed to extend the school to a 16 mainstream classroom school.

The project was assessed in accordance with the published prioritisation criteria for large-scale building projects and was been assigned a Band 1 rating. Progression of the project will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

The project to which the Deputy refers received funding as an exceptional matter and on a once-off basis in 2007 under the Fund for the Development of Targeted Educational Responses to Certain Children at Risk.

In assessing applications for funding, my Department gives consideration to interventions already in place and supported by my Department in the areas concerned so as to avoid duplication of effort and resource. My Department currently supports 30 schools (6 post primary and 24 primary schools) in 6 School Completion Projects under DEIS, the Action Plan for Social Inclusion in this area. The 6 School Completion Projects receive over €1.5 million in total annually. In addition, a variety of other interventions in place these schools under DEIS such as reduced class sizes, appointment of administrative principals on lower enrolments, Home School Community Liaison, a range of literacy/numeracy initiatives, Free Book Grant Scheme, Meal provision and additional financial resources. Therefore, it would be inappropriate to support a separate initiative in an area which provides a similar service to the same target group.

As a condition of funding provided in 2007, the project has agreed to collaborate with the School Completion Programme in the area with a view to integrating their model in order to avoid duplication and to provide better coordination of services. An evaluation will be undertaken this year, with a view to determining how best to achieve this.

Under my Department's Free Fees Initiative the Exchequer meets the tuition fees of eligible Students who are attending approved full-time undergraduate courses in the State. The Free Fees Initiative does not extend to postgraduate study in Ireland, however if a candidate qualifies for the means-tested maintenance grant he/she may have their fees paid up to the maximum fee limit. The maximum fee limit in respect of the 2007/2008 academic year is €6,110.

The assessment of means under my Department's Third Level Student Maintenance Grant Schemes is based on gross income from all sources, with specified social welfare and health service executive payments being excluded from the calculation.

Under the schemes reckonable income includes income from: Employment/Pensions; Self Employment/Farming; Rent and income from Land/Property; Deposit/Investment Accounts; Maintenance Arrangements; Gifts/Inheritances and Disposal of Assets and Rights; Social Welfare /Health Service Executive payments in certain circumstances.

The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

Data on enrolment classified by constituency are not readily available, and this data would take an inordinate amount of administrative time to compile.

Overall enrolments figures for each school for the 2006\2007 academic year are available on my Department's website at www.education.ie.

The Deputy should note that private schools are not required to report details on enrolment to my Department.

Data on enrolment classified by standard and constituency are not readily available, and these data would take an inordinate amount of administrative time to compile.

The Deputy should note that private schools are not required to report details on enrolment to my Department.

The progression of all large scale building projects from initial design stage through to construction phase, including the project referred to by the Deputy, is considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

Article 42.2 of the Constitution confers a constitutional right on parents to provide for the religious, moral, intellectual, social and physical education of children in their own homes or in private schools or in schools established or recognised by the State.

The Education (Welfare) Act 2000 provides a major reformulation of the law in regard to all matters connected with school attendance and children's welfare in education. It provided for the establishment of a National Educational Welfare Board, a core function of which is to ensure that each child ‘‘attends a recognised school or otherwise receives a certain minimum education". Under section 14 of the Education (Welfare) Act, the NEWB is required to maintain a register of children receiving education in places other than a recognised school and this would extend to situations where parents are educating their children at home.

A key aspect of the Education (Welfare) Act is that children receiving education in places other than recognised schools must be registered with the National Educational Welfare Board. Parents who choose to have their child educated in a place other than a recognised school must register with the Board, and the Board in turn must be satisfied that the child is receiving ‘‘a certain minimum education.''

A Working Group of the Inspectorate of my Department has drawn up Guidelines for the Assessment of Education in Places Other Than Recognised Schools.

A certain minimum education should: be suited to the age, ability, aptitude and personality of the child; be responsive to the child's individual needs, should take cognisance of the areas of learning that are of interest to the child, and should ensure that his/her personal potential is enhanced and not suppressed; address the immediate and prospective needs of the child, in the context of the cultural, economic and social environment; provide a reasonably balanced range of learning experiences, so that no one aspect of the child's learning is emphasised to the exclusion of others; develop the personal and social skills of the child and prepare him/her for the responsibilities of citizenship; contribute to the moral development of the child; ensure the development of basic skills (as outlined below) so as to prepare the child to participate in society and everyday life; provide opportunities for the child to develop his/her intellectual capacities and understanding.

A parent must apply to the NEWB to have his or her child registered and the application must be made in writing and set out the place where the child is receiving the education and must comply with requirements that may be set out in any Regulations made by the Minister for Education and Science or that may be developed by the NEWB with the Minister's approval at any time.

The act provides that, initially, the National Educational Welfare Board will carry out, in consultation with the parent who made the application, an assessment of: (a) the education that is being provided, or that it is proposed will be provided, to the child; (b) the materials used, or that it is proposed will be used, in the provision of such education; and (c) the time spent, or that is proposed will be spent, in the provision of such education.

The purpose of this assessment is to determine whether the child is receiving, or will receive, a certain minimum education.

Our Constitution recognises the family as the primary educator of the child and defines duties and responsibilities for parents and the State in the education of children. Drawing on these provisions, on legislation, and on case law, the Guidelines for the Assessment of Education in Places Other Than Recognised Schools provide a working definition of ‘‘a certain minimum education'' and guidance on how this may be assessed, given best educational practice and the nature of educational provision in the home and other settings.

In relation to the specific question raised concerning the number of private schools that were assessed or who contacted the NEWB in 2005, 2006 and 2007 in Dublin south east. I am informed by the NEWB that the data available are in respect of Dublin South and cover the years from 2004 to 2008, inclusive. The total requests for assessments amounted to 21 i.e. 3, 16, 1 and 1 respectively for 2004, 2005, 2006 and 2007. The total number of private schools that contacted the Board for this region during the same timeframe was 26 i.e. 22, 1, 0 and 3 for each year respectively. The variance can be explained in that completed applications are awaited for three of these contacts and the remaining two are awaiting assessment at this time.

The decision on eligibility for third level grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.

Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.

I propose to take Questions Nos. 442 and 443 together.

The Deputy may be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resources to schools to support children with special educational needs. The SENO is also a focal point of contact for parents and schools and their role includes identifying appropriate school placements.

Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie or by telephone at 046 9486400. I wish to advise the Deputy that the matter of the enrolment of a pupil in a school is a matter for the Board of Management of the school. My Department has no role in relation to processing applications for enrolment by schools. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to the Secretary General of my Department. Where an appeal under Section 29 is upheld, the Secretary General of my Department may direct a school to enrol a pupil.

While the specific information sought by the Deputy is not readily available, the two recent investment priorities under the ICT in Schools Programme have been the provision of networking grants to schools and the Schools Broadband Access Programme.

Schools were invited to submit proposals for the development of their networking capability in June 2004 and grants in excess of €23m have since issued to schools.

The roll-out of broadband connectivity to all recognised schools is being undertaken in partnership with industry, in the context of the joint Government /IBEC — TIF (Telecommunications and Internet Federation) three year Agreement to fund local connectivity at school level. The broadband connectivity is being provided via a Schools National Broadband Network supported by HEAnet, in order to provide managed Internet access, email, security controls and content filtering. A broadband support service is being managed by the National Centre for Technology in Education (NCTE) to assist schools with advice and information relating to the roll-out and ongoing use of their broadband connectivity within the schools network. The overall costs of the Schools Broadband Access Programme, including the initial set-up and ongoing costs over the three years, are in the region of €30m.

Grants have also been provided to some 500 post-primary schools to enable them to upgrade their facilities to enable them to provide the new Technology syllabus and the revised Design and Communication Graphics syllabus at Leaving Certificate level, with effect from September 2007.

Disadvantaged schools are benefiting from the ICT Grant scheme for DEIS Schools from the Dormant Accounts (Educational Disadvantage) Fund.

ICT funding has also been provided under the school building programme in connection with designated school building projects and primary schools can purchase ICT equipment from the monies received under the Minor Works Grant Scheme.

While the ICT facilities in our schools have improved considerably, I am conscious of the need for further investment to ensure that we are realising the full potential of ICT to improve the learning experience of our students. The Programme for Government sets out our commitment to implementing a comprehensive Schools ICT Strategy, which will be underpinned by the investment of €252m as provided for in the National Development Plan 2007-2013. I appointed a Strategy Planning Group to advise me on the prioritisation of measures under the planned investment over the period of the NDP. Among the issues which the new strategy will address are the upgrading and renewal of hardware, the provision of software and digital content for learning, teacher professional development, curriculum development, the maintenance of the national broadband network for schools and technical maintenance and support requirements. I have received the report of the Strategy Planning Group and I will shortly be publishing the report, together with my implementation plan.

The Department is in receipt of an application for major capital funding for general classroom accommodation and a PE hall, from the school referred to by the Deputy. The application has been assessed in accordance with the published prioritisation criteria for large-scale building projects. Progress on the project will be considered in the context of my Department's multi-annual School Building and Modernisation programme.

Because of the difficulty in sourcing a green field site the Department decided to investigate the possibility of utilising the Rossa College site to facilitate the proposed building project. To this end a feasibility study of the site and building was commissioned in order to determine how best to provide for the long-term accommodation needs of the proposed school. However, because of the opposition from the Trustees of the proposed new Community School to the Rossa College site, this option is no longer being pursued. The Department will continue to work to identify a suitable site for this project and will keep the Trustees informed of progress in this regard.

As the Deputy may be aware, the Summer Works Scheme was introduced in 2004. Since then, over 3,000 projects in primary and post-primary schools costing in excess of €300 million have been completed. With so many smaller projects having been completed over the past few years, I intend to focus on delivering as many large projects as possible in 2008. The emphasis will be on new schools, extensions and major refurbishments, rather than on smaller projects. There will not, therefore, be a new Summer Works Scheme as part of the building programme this year.

The question of reintroducing the Summer Works Scheme will be considered in the context of my Department's multi-annual School Building and Modernisation Programme from 2009 onwards.

The development of the proposed building project for the school referred to by the Deputy is at an early stage. The progression of all large-scale building projects from initial design stage through to construction phase, including the project in question, will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

My Department does not regulate the provision of private colleges. Indeed, in the context of a lifelong approach to learning, it would not be feasible to confine all provision of education and training to providers which are nationally accredited. However, in Ireland we do have a national framework of qualifications which enables providers in public, private, workplace or community settings to offer recognised awards in further or higher education, in compliance with the processes set out by the Further Education and Training Awards Council or the Higher Education and Training Awards Council. Such providers must agree their quality assurance arrangements with the relevant awards council, and satisfy the council that the awards are of an appropriate standard, the necessary supports are in place for learners and the assessment arrangements are fair and consistent. There are also procedures under which international or professional bodies may seek to have their programmes aligned with or included in the national framework of qualifications in Ireland, if they wish to do so. My Department is also bound by the Lisbon Convention and the EU Directive on Mutual Recognition of Professional Qualifications to give appropriate recognition to nationally accredited awards from other jurisdictions. In addition to this, the Department maintains an Internationalisation Register containing programmes which are approved for the purpose of access to work by students who are citizens from outside the EU/EEA and Switzerland. Only programmes which have been quality assured and/or lead to recognised qualifications are included on the Register. Both the Internationalisation Register and a list of approved higher education providers are maintained on the Department's website. The organisation referred to by the Deputy is not included on the Internationalisation Register, and does not currently offer programmes recognised by FETAC or HETAC under the national framework of qualifications. It is understood that an application has been made by the organisation to HETAC, and this is being examined at present. Internationally, many countries are grappling with how best to maintain an appropriate balance between ensuring that opportunities for ongoing learning in a variety of settings are encouraged, and that learners are not misled regarding the status or recognition attached to institutions and their awards. The Department is in consultation with the awards councils and the National Qualifications Authority as to how best such issues may be addressed. Learners are advised to check the recognition of their award before paying fees or beginning a programme.

My Department is in consultation with relevant agencies, to see how the existing approach to bogus institutions might be made more coherent and effective.

My Department fully intends to continue its efforts to press for compliance with legislation in this area and recognises that the existence of such organisations is contrary to the interests of Ireland's higher education institutions, which have sought to preserve the high international standing and quality reputation of higher education in Ireland.

Since its commencement in 1998, there has been significant investment generally in the ICT in Schools Programme, in providing computers to schools, professional development ICT courses for teachers, improving the availability of digital content, integrating ICT into the curriculum and in supporting schools to integrate ICT into their teaching and learning. The recent priorities under the Programme have been the development of schools' internal networking facilities and the provision of broadband connectivity for schools, which my Department has pursued in partnership with the Telecommunications and Internet Federation within IBEC. Other recent developments include the introduction of the new Technology syllabus and the revised Design and Communication Graphics syllabus at Leaving Certificate level which were introduced this year with associated investment to schools to upgrade their facilities. Disadvantaged schools are also benefiting from the ICT Grant scheme for DEIS Schools from the Dormant Accounts (Educational Disadvantage) Fund. My Department does not have details of the number of post-primary schools with dedicated classrooms; however, there has been considerable progress since the Programme commenced. The number of computers in schools has increased substantially. In this regard, the latest available Census undertaken by the NCTE in 2005, found that at post-primary level, there was one computer for every 7 students. While the ICT facilities in our schools have improved considerably, I am conscious of the need for further investment to ensure that we are realising the full potential of ICT to improve the learning experience for our young people. Our Programme for Government sets out our commitment to implementing a comprehensive Schools ICT Strategy. This strategy will be underpinned by the investment of €252m in the National Development Plan 2007-2013. I appointed a Strategy Planning Group to advise me on the prioritisation of measures under the planned investment over the period of the NDP. Among the issues which the new strategy will address are the upgrading and renewal of hardware, the provision of software and digital content for learning, teacher professional development, curriculum development, the maintenance of the national broadband network for schools and technical maintenance and support requirements. I have now received the report of the Strategy Planning Group and I will shortly be publishing the report, together with my implementation plan.

My Department is not aware of the number of science teachers who have an educational degree and postgraduate qualifications that are employed in post primary schools.

The recruitment and appointment of teachers to fill vacancies in an individual school is a matter for the Board of Management of the school concerned. Boards of Management must make every effort, including advertising in a national newspaper, to obtain the services of a qualified teacher for appointment to a temporary or permanent post.

In relation to plans to increase the numbers of qualified science teachers, the Deputy may be aware that the Teaching Council's database of registered teachers will be able to provide a range of different information on the numbers of registered teachers in various disciplines and on their qualifications. This information will provide valuable input into my Department's examination of issues around supply and demand for teachers of various subjects, and we will make plans accordingly.

As part of the multi-annual school building programme my Department has invested heavily in modernising school facilities throughout the country including science facilities in post-primary schools. Provision of science facilities is an intrinsic part of many school building projects at post-primary level. Typically this investment involves the provision of modern science facilities in new post-primary schools or the upgrading of science facilities in existing schools either as part of a school building project or as a dedicated investment to facilitate the teaching of science.

Additionally I have provided for class materials, basic general equipment and chemicals for practical work for the Sciences. My Department also spent in excess of €13m in 2004 to facilitate the introduction of a revised Junior Science syllabus. Schools received a basic grant of €3500 per science laboratory to enable them to provide the new curriculum. Additional funding was made available to schools where other specified equipment was required. In addition, certain schools identified as needing new or refurbished science laboratories as a result of a 1998 national survey received funding.

Schools have also received funding under the Summer Works Schemes 2004 -2007 to refurbish science laboratories. In the 2006/2007 applications schools were asked to specifically identify and provide details of any science and technology upgrade or refurbishment projects separate from any other projects being applied for so that consideration could be given to approving these projects. Over 60 schools were approved for funding in 2006/2007 under the Scheme to enable them to get science laboratories refurbished on a devolved basis.

The Deputy can be assured that my Department will continue to take a proactive approach in the provision of the necessary facilities for the teaching of science in schools.

The decision to distribute Judging Dev was taken following an initial approach from the History In Service Team (HIST) and was a multi-faceted collaboration between the HIST, the Royal Irish Academy and RTE. It is not unusual for the teacher support services operated by my Department to collaborate from time to time with outside organisations on imaginative initiatives which make available quality and relevant resources which enhance teaching and learning.

Should a similar request arise in future, my Department will consider the distribution of materials with regard to curriculum relevance and budgetary issues.

Two copies of the Judging Dev book were sent to all post primary schools in the country. Acknowledgements of receipt of the book were not requested and have not been received, although feedback from teachers attending in service in History has been positive. The book was packaged by staff in my Department and distributed through the Department's normal postal service.

The architectural planning of the building project referred to by the Deputy is at an advanced stage. The progression of all major projects to tender and construction, including this project, will be considered on an ongoing basis in the context of my Department's Multi Annual School Building and Modernisation Programme.

I am aware of the joint communication from the patron bodies to An Taoiseach in relation to funding pressures on schools. I would like to assure the Deputy that it is a key priority for the Government to improve funding for the day-to-day running costs of schools. For that reason specific commitments in relation to improving school funding form a central part of the education provisions in the Programme for Government. These commitments are a direct follow on from the clear thrust of Government policy over recent years to improve the position of primary schools in particular.

In 2008 alone my Department will be paying around €167m to primary schools to meet their day to day running costs. The improvements announced in the last budget mean that the combined day-to-day funding for primary schools will increase by €21 to €330 per pupil. As a result, a primary school with 300 pupils will receive almost €100,000 to meet their running costs.

The primary school capitation grant has been increased substantially in recent years. Since 1997 the standard rate of capitation grant has been increased from €57.14 per pupil to €178.58 from 1st January, 2008. This represents an increase of 212% in the standard rate of capitation grant since 1997.

Furthermore enhanced rates of capitation funding are paid in respect of children with special educational needs who attend special schools or special classes attached to mainstream schools. The current rates range from €457.00 to €880 per pupil — an increase of 42% from the rate in 2006.

I agree that increases in primary capitation must be a priority and that is why we are committed to doubling it by 2012. This year, despite the overall difficult economic environment I delivered an increase of €15 per pupil on capitation levels in 2008. I want to assure the Deputy that this Government has a track record of significantly increasing funding for schools and we will continue to build on this and deliver on our Programme for Government commitment.

Progression of all projects to tender and construction, including the project in question, will be considered in the context of my Department's multi-annual School Building and Modernisation Programme in which the main focus is to deliver school places within rapidly developing areas. The progression of all school building projects will be considered in this context.

I announced recently a list of schools which are due to go to construction in 2008. I intend to make further announcements regarding projects that will be proceeding to construction during the course of the year as the school building programme is rolled out. The next announcement will occur after Easter.

In 2007, my Department's offices in Renmore, Galway, were included in the pilot study for the Energy Conservation Campaign. Since that pilot project took place, energy-saving enhancements to the building have been carried out, including the replacement of windows and it is planned to increase the insulation in 2008, which it is hoped will improve the overall energy efficiency of the building.

This year, all of my Department's main offices in Dublin and Galway, and the Civil Defence Board's Offices in Roscrea, will be involved in the OPW's Energy Conservation Initiative in State Buildings, which aims to reduce CO2 emissions in all targeted state buildings by 15%. We hope to achieve this reduction through raising staff awareness of the potential savings that can be made by changing our habits and behaviours to reduce our energy consumption to the benefit of all.

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government's twin policies of direct provision and dispersal.

The RIA advise me that they are satisfied with the current quality of accommodation provided to asylum seekers and that they operate a robust system of inspection (both internal and independent) which identify any minor difficulties before they become substantial. It may interest the Deputy to know that in the last few weeks, 8 of the direct provision accommodation centres contracted to the RIA received the EIQA Quality Mark. The Deputy will recognise the extent of this achievement and the work required to reach and maintain, on a continuous basis, the standards required under this national quality award. Furthermore, the terms and conditions set out in Memoranda of Agreement with accommodation providers encompass extensive and vigorous legislative and other quality standards which must be adhered to.

In relation to costs, the RIA monitors all costs associated with its accommodation portfolio to ensure the best value for money while maintaining a high standard of service. The RIA is always mindful of the need to spend taxpayers' money in the most appropriate way in fulfilling the State's obligations set out by the UNHCR (Geneva Convention). The RIA is satisfied that it consistently achieves quality and value for money through the checks and balances which ensure quality of service, combined with the value for money reflected in the competitive price achieved by the RIA over a number of years in its operation of the direct provision system.

I am informed by the Immigration Division of my Department that the person in question was granted permission to reside in the State until 2018 and is exempt from the requirement to hold a work permit. The person in question was notified by letter recently.

I have been advised by my officials that an application for a certificate of naturalisation from the person referred to in the Deputy's Question was first received in the Citizenship section of my Department on 14 March 2007. However, as there was an error on the statutory declaration, the form was returned to the person in question on 6 April 2007 so that it could be amended.

I understand that the letter was delivered to the wrong address as a result of which the person in question was unable to return the amended form until September 2007. I wish to reassure both the Deputy and individual that processing of his application will not be delayed and that the application will be dealt with as if it had been received in March 2007.

Officials in the Citizenship section are currently processing applications received in mid 2005 and have approximately 10,500 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in or around September 2009.

I will inform the Deputy and the person in question when I have reached a decision on the matter.

A representative of a multinational company recently contacted by telephone a member of staff in my Department to express concern over the implementation of Directive 2006/24/EC of the European Parliament and the Council of the 15 March 2006 on the retention of data. The concern was based on newspaper reports on how the Directive might be transposed. Shortly afterwards, that person was on a delegation of telephony operators and internet service providers that was addressed by a Departmental representative on plans for the transposition of the Directive.

I would like to emphasise that the date for transposition of the Directive has passed. My plans for transposition are at an advanced stage but no final decisions have yet been taken on aspects of the Directive where we have some flexibility. Through our obligations under the Treaty establishing the European Communmity, we are bound to transpose the Directive along with the other 26 Member States of the European Union and the members of the European Economic Area.

I propose to take Questions Nos. 465 to 467, inclusive, together.

One of the strategic goals set out in the Garda Síochána Corporate Strategy 2007-2009 is to significantly reduce the incidence of fatal and serious injuries and improve road safety. One of the actions identified in the Garda Policing Plan 2008 in support of this goal is targeted intelligence-led operations against offending young drivers.

I am informed by the Garda authorities that a number of initiatives to target the activities of young male drivers are being undertaken. Specific areas identified as places where young drivers congregate are targeted. As a result, uniform members of An Garda Síochána, supported by Divisional Traffic Corps personnel, establish checkpoints and enforce in a highly visible manner the provisions of the Road Traffic Acts.

These initiatives have resulted in detections being made for a wide range of road traffic offences, including offences relating to dangerous driving, careless driving, no silencer fitted, L plates not displayed, identification plates not conforming with legislation, road tax offences, insurance and driving licence offences, speeding offences, dangerously defective vehicles and modified vehicles. Offences detected are dealt with by way of prosecution, fixed charge notice or, where appropriate, through the Juvenile Diversion Programme. In 2006 and 2007 over 100 offenders were charged before the local district courts.

In addition to these intelligence-led operations, all uniform members of An Garda Síochána are tasked with enforcing the relevant legislative provisions. Regular mobile patrols take place and roving checkpoints are conducted in areas where young drivers tend to congregate.

In addition websites are monitored so as to establish where such anti-social activities are taking place with a view to providing an appropriate response. Garda road safety awareness programmes are conducted in schools, third level colleges, factories, workplaces and other facilities, with the aim of educating road users of the obligations on all road users under the Road Traffic Acts and to promote road safety among the target group.

The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 set out the legislative basis for prosecution due to excessive noise levels of vehicles. Current permissible sound levels are set by EU Directive.

I am informed by the Garda authorities that they are currently reviewing the suitability of various sound meters which will meet the specifications for sound measuring devices set out in Directive 92/97/EEC with a view to improving the collection of the technical evidence necessary for the prosecution of drivers whose vehicles produce excessive levels of noise.

Any changes to road traffic legislation, including the introduction of new penalties, is a matter for my colleague the Minister for Transport.

An application for residence in the State on the sole basis of marriage to an Irish national was received from the person in question in February 2008. The Immigration Operations Division of my Department issued an acknowledgement of this application and request for documentation on 26 February 2008.

Applications of this kind, in fairness to all other applicants, are dealt with in strict chronological order and currently take up to twelve months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

I refer the Deputy to my reply to Parliamentary Question No. 427 on 13 November 2007. The position remains as stated.

To date, no new applications for certificates of naturalisation from the persons referred to in the Deputy's Question have been received.

An application for permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January, 2005, commonly referred to as the IBC/05 Scheme, was received from the person in question on 9th May, 2005. This application was refused as the person concerned did not meet the criteria of the scheme.

Judgments of the Supreme Court on matters related to the IBC/05 Scheme were delivered on 20th December, 2007. My Department is currently considering those judgments, and the person concerned will be written to shortly in this regard

I am informed by the Garda authorities that the incident referred to by the Deputy is being investigated by the Gardaí at Tallaght. Due to the location where the incident occurred the collision is also being investigated by the Railway Safety Commission.

Local Garda management is aware of the concerns referred to by the Deputy. These matters have been discussed with the family of the deceased. A Garda liaison sergeant has been appointed to liaise with the family.