I wish to advise the Deputy that the current contract for the provision of training services to the Irish Prison Service Canine Unit will expire in the very near future. The options regarding the provision of future training services are currently being explored.

The Deputy will appreciate that the release of such sensitive data could compromise and undermine the legitimacy of any future tendering process. This could lead to a less than competitive outcome, as parties intending to submit a tender could be guided by the previous expenditure levels.

I can assure the Deputy that the Irish Prison Service is fully committed to maintaining the current level of vigilance in targeting the flow of contraband into the prisons and in identifying those responsible for same.

As such the Irish Prison Service is engaged in training staff to deliver an accredited training module for the Drug Detection Dog Teams. All teams are being trained to a high standard to ensure that the screening process and procedures are maintained across the Estate.

The Canine Unit will remain an integral part of the Irish Prison Services commitment to preventing drugs entering the prison system.

I propose to take Questions Nos. 10 and 19 together.

Firstly, let me make my position quite clear. I would find it totally unacceptable if any member of the Garda Síochána were to engage in any discriminatory profiling, whether based on race, ethnic origin or otherwise, and I am quite sure that the Garda Commissioner shares my view in this matter.

In fact, I am assured by the Garda Commissioner that the Garda Síochána does not as an institution engage in discriminatory profiling, and specifically that it does not engage in data gathering or data mining based upon discriminatory profiling in respect of race, colour, language, religion, nationality, national or ethnic origin, ethnicity or membership of the traveller community. I am also advised that, in this regard, the Garda Síochána has adopted the definition of racial profiling used by the European Commission on Racism and Intolerance, namely the "use by the police, with no objective and reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin, in control, surveillance or investigation activities". I am also informed that the importance of adhering to best practice in this area is reinforced throughout the range of human rights training provided through Garda training programmes. I regard it as of the utmost importance that such training is widely provided to Members of An Garda Síochána.

It is very important that these clear principles are respected at an individual level in day-to-day policing. We all understand that Gardaí are often required to assess situations, draw conclusions and take action under pressure based on the available information. However, it is very important to ensure that no element of stereotyping or prejudice consciously or unconsciously informs their decisions, and that lessons are continuously learned in policing what is now a multi-cultural society.

I should also say that an area where racial identity and the law comes into particular focus is immigration control. I believe however that it is perfectly possible to operate an effective system of immigration control without resorting to discriminatory ethnic profiling but relying instead on good intelligence and the professional judgment and experience of our Gardaí and immigration officers, and indeed this has been demonstrated to be the case.

In this connection, as the Deputy will be aware, the Ombudsman for Children, Emily Logan, was appointed by me to carry out an independent Inquiry, under Section 42 of the Garda Síochána Act 2005, into the circumstances surrounding two children from two different Roma families being taken temporarily into care in October 2013. Ms Logan has now submitted her report to me and, subject to certain requisite legal matters being addressed, this report will be published. I am not in a position to comment on this report prior to its publication, but this will provide an opportunity for us to discuss these issues again.

The functions and powers of Joint Policing Committees (JPCs) are set out in the Garda Síochána Act 2005, which provides for a Committee in each local authority area. The Act provides that JPCs operate under guidelines issued by the Minister for Justice and Equality after consultation with the Minister for the Environment, Community and Local Government.

JPCs are a partnership process involving An Garda Síochána and the elected national and local representatives for the area, with the participation of the community and voluntary sector and local authority officials. The essential role of the Committees is to advise and make recommendations to local Garda management and to the local authority in relation to relevant local issues. While anti-social behaviour is certainly addressed by JPCs, I would like to clarify that JPCs are not an additional administrative or operational entity and that the implementation of policing strategy in an area remains a matter for the Gardaí. Likewise, JPCs do not supplant the proper role of local authorities in carrying out their functions. However, JPCs do have an important role in supporting collaborative actions between local stakeholders and this promotes a more efficient and co-ordinated approach to addressing policing and crime prevention issues in the area in question.

In so far as the resources for community policing are concerned, as the Deputy will appreciate, the Garda Commissioner is responsible for the deployment of Garda resources. I can assure him, however, that Garda management keep that deployment under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. Each Garda District and Divisional Officer also configures their policing response to local conditions to ensure that an appropriate policing service is continuously delivered to the local area and there is extensive engagement with the community on issues of concern as and where they arise.

I should also note that, as the Deputy may be aware, I initiated the review of the operation of Joint Policing Committees in the context of the commitment in the Programme for Government to build on existing community policing partnerships. My Department, together with the Garda authorities and the Department of the Environment, Community and Local Government has examined the feedback obtained during the review process, as well as related issues arising from the broader process of local government reform. I can advise the Deputy that recommendations concerning revisions to the JPC guidelines are at an advanced stage of preparation.

The Data Protection Commissioner published a data protection audit report in March this year in relation to An Garda Síochána covering the period 2011 to October 2013. It includes a number of detailed recommendations made to An Garda Síochána arising from the audit along with the responses of An Garda Síochána. The full report is available on the website of An Garda Síochána at www.garda.ie.

An Garda Síochána must of course take its obligations under the Data Protection legislation very seriously. I am pleased to note that the main finding of the report was that the majority of the areas examined demonstrated a professional police force operating in compliance with data protection legislation. I am advised that the implementation of many of the recommendations in the report was already well advanced or completed by an Garda Síochána by the end of the audit, and that an Garda Síochána intend to implement any outstanding recommendations as soon as possible, subject to any necessary changes to legislation.

A central focus of the audit was the PULSE system. The report expressed concerns in relation to the oversight of access by individual members of An Garda Síochána to records of individuals and the related risk of disclosure outside of An Garda Síochána. While this is of course a matter for concern, it should be borne in mind that a number of Gardaí have been subject to discipline for inappropriate access to PULSE within the period under review, and the Data Protection Commissioner has acknowledged that An Garda Síochána have taken steps to counter any future inappropriate access to PULSE.

I am further advised that the Garda Professional Standards Unit has also worked with the Garda IT Centre to develop a report that will allow District Officers to review checks that are carried out by members under their control and in particular the reasons being recorded on the PULSE system for these checks.

An Garda Síochána will continue to work closely with the Data Protection Commissioner to ensure its delivery of best practice in data protection.

At a recent meeting the Government established a new Cabinet Committee on Justice Reform to oversee the development of proposals for an independent police authority and to have this new body in place by the end of 2014.

The Cabinet Committee is chaired by the Taoiseach and it also comprises the Tánaiste, the Minister for Justice and Equality and the Minister for Communications, Energy and Natural Resources. In addition, the Attorney General attends the meetings of the Committee.

The Cabinet Committee has commenced its work and the Deputy can be assured that the police authority project will be taken forward on a priority basis, including the enactment of the new legislation that will be required.

During my appearance before the Joint Committee on Pubic Service, Oversight and Petitions on 19 February 2014 to discuss reports that the Garda Síochána Ombudsman Commission may have been subject to unlawful surveillance, I undertook to see if I could provide the Committee with any details of the main points of potential difference between the Verrimus report provided by GSOC and the related expert opinion by RITS provided to my Department.

As I explained at the hearing, and in a subsequent letter to the Committee of 11 March, 2014, I am very conscious that retired High Court Judge John Cooke has been appointed to conduct an independent inquiry into the reports of unlawful surveillance of GSOC. I am anxious not to say or do anything which could be seen as in any way trespassing upon this independent inquiry, so I am constrained in what I can say, especially as neither the Verrimus nor the RITS reports have been published and both are among the documents being examined by the inquiry.

In my letter to the Committee of 11 March 2014 I provided information on the main issues identified by RITS. In a subsequent letter to the Committee on 7 April, 2014 I further explained that to go beyond this would, I believe, effectively require making public the report and the expert opinion, or at least key elements of them, at a time when these confidential documents form a critical part of the material under inquiry by Judge Cooke. As indicated in that letter, I would suggest that, in circumstances where the report of Judge Cooke is expected shortly, it would be best at this stage to await his findings.

I propose to take Questions Nos. 15, 534, 570 and 601 together.

In light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, my Department is currently examining key policy, legislative, administrative and other issues relating to firearms licensing in conjunction with An Garda Síochána. I expect to receive and consider a report in relation to these matters within 2 months. When I have considered that report I will consider what further action is necessary in relation to the firearms licensing system, including the proposal from interest groups for an examination of relevant administrative issues by the Garda Inspectorate.

Officials of my Department met key interest groups in late 2013 and early 2014 who set out their concerns in relation to a range of issues regarding firearms licensing at that time. These interest groups have also communicated their views directly to me, as well as to all Oireachtas members.

Further consultation with relevant stakeholders will take place when I have considered the report and before any decisions are finalised in relation to proposals for change to the firearms licensing system.

I can assure the Deputy that An Garda Síochána closely monitors the incidence of this type of crime and that a range of enforcement, prevention and community policing measures are in place to respond to these concerns.

The circumstances of this type of offending varies but in many cases the perpetrators will persuade the householder to engage them to carry out work of dubious necessity or value and then seek to extract excessive payments. Other incidents involve the perpetrators attempting to coerce payment for a fictitious liability, or pressurising householders to reveal personal financial information. Older or vulnerable persons are often targeted by these offenders.

An Garda Síochána is proactive in highlighting this type of offending through widely circulated crime prevention information leaflets, at community meetings, and using local media and the national Crimecall programme. One measure of particular note is the Bogus Caller Card Initiative, which was developed as part of the Garda Older Persons Strategy. This initiative provides the householder with printed Caller Cards to give to callers offering a service from door to door, requesting them to leave their contact details so that they can get back to them if they require that service. The initiative is intended to empower the older person to take control of these situations and discourage bogus callers.

All incidents of this nature are taken very seriously by the Gardaí and anyone who feels they have been the victim of such an offence is encouraged to report it, even where they may feel some sense of embarrassment at having been victimised in this way. Similarly, anyone who becomes aware that bogus traders appear to be operating in an area should bring it to Garda attention. Clearly, information of this nature is of great assistance to An Garda Síochána in putting in place appropriate operational responses, and in alerting the community to the risks presented. In this regard the Gardaí work closely with local organisations, notably Community Alert and Neighbourhood watch, to disseminate information about this type of offending and raise awareness about the practical steps householders can take to protect themselves.

The Insolvency Service of Ireland (ISI) recently published its Quarter 1 Statistics Report for 2014. The full report is available on its website: www.isi.gov.ie. These statistics will be updated on a quarterly basis.

With regard to the number of approved arrangements there were forty four (44) Debt Relief Notices; seven (7) Debt Settlement Arrangements and four (4) Personal Insolvency Arrangements agreed as at 31st March. The total number of insolvency applications up to 31st March was five hundred and twenty three (523).

Since its establishment the ISI has overseen the introduction of the debt relief solutions introduced by the Personal Insolvency Act 2012. As a result, insolvent debtors now have viable options available to them to deal with their indebtedness. While the numbers of insolvency arrangements in place are lower than expected, it is clear that the availability of these options has encouraged creditors and debtors to reach settlements through informal arrangements.

The number of new cases which have entered the ISI’s system since the beginning of the year and feedback received by the ISI from Personal Insolvency Practitioners and Approved Intermediaries suggest that the uptake of formal insolvency arrangements will increase significantly in future.

The development by the ISI of protocols between creditors and practitioners covering Debt Settlement Arrangements and Personal Insolvency Arrangements are expected to assist in that regard.

With regard to the role of my Department and An Garda Síochána, I can inform the Deputy that significant steps have been undertaken in this area.

The Government Legislation Programme includes a Criminal Justice Bill which will, inter alia, transpose the EU Directive on attacks against information systems. The Bill will create a range of offences relating to information systems and data, including illegally accessing a system, interference with systems or data and illegal interception of data.

The Bill is at an advanced stage of preparation and I would hope to publish it in the autumn. Enactment of this legislation will also be the last legislative measure necessary to enable Ireland to ratify the Council of Europe Convention on Cybercrime.

With regard to the investigation of cybercrime, I am informed that the strategy of An Garda Síochána in this regard focuses on prevention, detection and training.

The Computer Crime Investigation Unit (CCIU) of the Garda Bureau of Fraud Investigation is the primary Garda unit responsible for investigating computer crime in Ireland. The Unit also provides expert assistance to Senior Investigating Officers and Investigation Teams tasked with the investigation of this type of criminality on a District and Divisional basis.

Members of the CCIU also provide warnings to the public in relation to various types of cybercrime, including Computer viruses, Denial-of-service attacks, Malware, Fraud and identity theft and Phishing scams. The CCIU is also represented on the Irish Payment Card Service Organisation and the Irish Banking Federation High Tech Crime Forum.

A member of the CCIU is on full time secondment with Ireland's Computer Emergency Response Team. The role of the Response Team, which was established under the auspices of the Department of Communications, Energy and Natural Resources as part of a series of initiatives to deal with the general issue of cybersecurity, is to prepare and manage cyber incidents in conjunction with relevant stakeholders.

I can also inform the Deputy that members of the CCIU continue to be trained in the techniques necessary to counter cybercrime including in the area of cyber forensic examination.

An Garda Síochána also regularly liaise with Interpol, Europol and the European Centre for Cyber Crime which was established in 2013 under the auspices of Europol.

Within my own Department, the Office for Internet Safety has oversight of Hotline.ie, the confidential service that receives reports of suspected illegal content on the internet and, where appropriate, arranges to have such content removed.

Finally, the Deputy may also be interested to know that Ireland also participates in the Global Alliance Against Child Sexual Abuse Online which provides for shared policy targets, operational goals and specific actions identified by the participating countries.

I am informed by the Garda Síochána Ombudsman Commission that their current whole time equivalent staffing level is 75.6. This figure does not include the three members of the Commission or members of the Garda Síochána on secondment with GSOC.

As with the Public Service generally, GSOC has been subject to staffing constraints, and has had to prioritise work and manage resources with maximum efficiency. However, there are a number of developments currently under way which will have to be taken into account in this regard.

At my request, and following a decision by Government, the Joint Oireachtas Committee on Justice, Defence and Equality is reviewing the effectiveness of the provisions of the Garda Síochána Act 2005 and Regulations made under the Act in so far as they relate to the oversight of the Garda Síochána and the powers and remit of the Garda Síochána Ombudsman Commission.

It is also the case that the Government has agreed that an appropriate amendment be made to the Protected Disclosures Bill 2013 to enable GSOC to be prescribed under that Bill as a body to which disclosures may be made by members of the Garda Síochána.

More generally, the Government at its meeting on 25 March 2014 reiterated its commitment to the reform of Garda oversight and accountability, which will include the establishment of an independent Garda authority appropriate to Ireland’s needs and which will maintain appropriate democratic accountability to the Oireachtas. A new Cabinet Committee on Justice Reform has been established to oversee the development of proposals for this new authority, and other associated reforms to the policing and justice system. The Cabinet Committee is chaired by the Taoiseach and its membership includes the Tánaiste, the Minister for Communications, Energy and Natural Resources, and myself as Minister for Justice and Equality. This Committee will make formal proposals to the Government for its consideration and final approval.

I acknowledge that changes to the remit of the Ombudsman Commission arising from these developments may require a review of the adequacy of the resources available to GSOC. Obviously this will be dependent on the exact nature of any changes that are agreed. When a clearer picture is known this will be the subject of discussions with GSOC and the Department of Public Expenditure and Reform.

The Deputy will be aware that the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter.

An Garda Síochána continue to work closely with local communities to enhance community safety through a wide range of measures, including the Neighbourhood Watch and Community Alert Schemes and the new Garda Text Alert Scheme.

The Garda Síochána run community clinics as local initiatives at District and Sub-District level to provide basic Garda services to meet local needs. They are usually operated by community Gardaí in community centres, local halls, schools or shopping centres. Clinics can operate to deliver a stand alone function, such as supporting a particular campaign, or as part of a wider theme, such as the Community Alert scheme.

The Garda Commissioner has informed me that the information regarding the actual number of community clinics for 2011, 2012, 2013 and to date in 2014 is not readily available as the schemes and clinics are established by local management as and when the need arises and the numbers of such clinics are not centrally recorded.

The programme of refurbishment and replacement of Garda stations is based on accommodation priorities which are established by An Garda Síochána. The programme is advanced in close co-operation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation. Funding for such works is met by the Office of Public Works.

I am advised that the Office of Public Works has in place a regime of ongoing maintenance of Garda stations, including Clonmel Garda station. In that context, I am informed that refurbishment work has recently been undertaken at the station which included the upgrading of electrical systems and general refurbishment work.

I am further informed that a site within the former Kickham Army Barracks has been identified as a possible location for the development of a Garda Station and I have discussed this with Minister of State, Tom Hayes TD. The provision of a new station at Kickham Barracks is being examined by the Office of Public Works and An Garda Síochána in the context of the future development of the overall site.

The Deputy will appreciate that any new District Headquarters project would involve substantial building and fit out costs. Accordingly, a new Garda station in Clonmel will have to be progressed in the context of An Garda Síochána's identified accommodation requirements and in the light of available resources within the Vote of the Office of Public Works.

The Deputy will be aware that I received a petition earlier this month regarding this tragic case, as well as further detailed correspondence from legal representatives regarding the death of the child in question. On foot of this I sought a report from the Garda authorities, and while this report is awaited, I have been advised there is currently ongoing contact between local Garda management and the person's legal representatives regarding the case. I can assure the Deputy that I fully appreciate the concerns set out in the correspondence, and have asked for a report on the outcome of this contact and the issues raised, as soon as this is possible.

Judge Quirke specifically recommended that legislation should be introduced to give effect to his recommendation regarding the provision of medical services. While this is a Health issue, the Government agreed that my Department would co-ordinate legislation to implement several of Judge Quirke's recommendations.

The Bill will include measures to deal with:

(a) the provision of medical and other services, and

(b) provision that payments made under the Scheme should not be taken into account for assessment purposes under the Nursing Home Support Scheme, and

(c) provisions to protect vulnerable women in the context of the scheme.

A Scheme of the Bill has now been drafted by my Department in consultation with the Department of Health, and has been circulated to other relevant Departments for their views. The Scheme of the Bill will be considered by Government in May and with the co-operation of the Oireachtas I expect the Bill will have a reasonably speedy progress towards enactment.

The Deputy will be aware that for personal reasons I was not in a position to attend at the AGSI conference on 14 April. I was also scheduled to attend a meeting in Luxembourg on Tuesday 15th April in relation to my duties as Minister for Defence. Both of these points were conveyed to the General Secretary of AGSI and, while he was understandably disappointed, he understood the position in which I found myself. Officials from my Department attended the conference and the question of arranging for a replacement speaker to make an address on my behalf did not arise.

Appendix 3 of the Haddington Road Agreement was agreed between Garda Management, the Garda Associations and my Department and includes the agreed terms of reference of the review of the Garda Síochána. It is worthwhile noting them again:-

"To review and make recommendations on the use by An Garda Síochána of the resources available to it, with the objective of achieving and maintaining the highest levels of efficiency and effectiveness in its operation and administration.

The review shall encompass all aspects of the operation and administration of the Garda Síochána, including –

- the structure, organisation and staffing of the Garda Síochána;

- the deployment of members and civilian staff to relevant and appropriate roles;

- the remuneration and conditions of service of members of An Garda Síochána including an evaluation of annualised hours/shift pay arrangements;

- the appropriate structures and mechanism for the future resolution of matters relating to pay, industrial relations and attendant matters."

As the terms of reference states, the review will encompass all aspects of the operation and administration of the Garda Síochána.

The elements dealing with the remuneration and conditions of service of members of An Garda Síochána including an evaluation of annualised hours/shift pay arrangements and the appropriate structures and mechanism for the future resolution of matters relating to pay, industrial relations and attendant matters are being dealt with by Mr Ray McGee. Mr McGee was formerly the Deputy chair of the Labour Court.

The elements of the review dealing with the structure and organisation of the Garda Síochána and the deployment of members and civilian staff to relevant and appropriate roles are being undertaken by the Garda Inspectorate and they have also begun their work in this area.

I fully expect that both elements of the review will be made public in due course.

The Deputy will be aware that I am committed to maintaining Garda strength at 13,000 and I therefore expect that recruitment in 2014 will broadly match the number of retirements in 2014. The review of An Garda Síochána as provided under the Haddington Road Agreement will also provide a framework to ensure that the best possible policing service continues to be provided to all communities across the State.

The Deputy will also be aware that the allocation of all resources in An Garda Síochána, including personnel, is a matter for the Garda Commissioner and I have no function in the matter.

The bombing at Omagh in August 1998 was contemptible act of mass murder that will live long in the memory as among the worst terrorist atrocities ever committed on this island.

As I have stated to the Deputy previously, I met with members of the Omagh Support and Self-Help Group in July 2012. At that meeting the Group raised with me a number of issues of concern it has with regard to events surrounding the Omagh bombing. The Group also presented me with a copy of a document it has compiled setting out these concerns in support of its call for a public inquiry into various matters surrounding the Omagh bombing.

I have been in the process of finalising a detailed consideration of the matters which have been raised insofar as they relate to this State and to the Garda Síochána. However, given the detailed and sensitive nature of the material contained in the document, that consideration could not be expected to be concluded quickly and it has required some time for the matters raised to be given full consideration.

However, as the Deputy will be aware, earlier this month a man was arrested in Northern Ireland and has been charged with the 29 murders caused by the bomb at Omagh. In these circumstances, I believe it is appropriate and the safest course of action to postpone finalising my consideration of the matters raised by the Omagh Group until the prosecution process in Northern Ireland has been completed. We all share a desire for those persons who carried out the terrorist bombing at Omagh to be made amenable to the courts for their abominable actions and I believe we must all be careful to ensure that we do not do or say anything that could in any way be interpreted to interfere with that process.

I have communicated this view directly to the Omagh Group. It is, of course, understandable that the Group wishes to receive a response to its concerns and I remain anxious to ensure that can take place as soon as is prudent.

Visits from foreign naval vessels are a long-standing and common practice in Ireland and worldwide. Foreign naval vessels are granted permission to visit Irish ports on condition that they meet the necessary policy stipulations, which require that the vessels are not carrying nuclear weapons and are not engaged in a naval exercise. The vessel in question, which was in Ireland as part of a routine visit, was granted permission to dock in Ireland on the basis that it met these criteria.

UNAMID, the African Union-UN Hybrid operation in Darfur, was established on 31 July 2007 through the adoption of United Nations Security Council Resolution 1769. The core mandate of UNAMID is the protection of civilians and is also responsible for contributing to security for humanitarian assistance, monitoring and verifying implementation of agreements, assisting an inclusive political process, contributing to the promotion of human rights and the rule of law. Last year the mandate of UNAMID was extended until August 2014. Ireland does not contribute personnel to UNAMID. UNAMID is one of the largest UN missions currently deployed with over 19,000 peacekeepers. Since its deployment, 191 mission personnel have been killed, with the last recorded casualty in December 2013. Earlier this month the UN Security Council adopted Resolution 2148 which expressed deep concern at the considerable deterioration of the security situation in Darfur during 2013. I share these concerns and I strongly condemn the attacks against UNAMID. I fully support the Security Council’s call on the Government of Sudan to investigate these attacks and bring the perpetrators to justice.

The situation in Sudan and Darfur is monitored on an ongoing basis by the EU, the UN and other international partners. Ireland is working closely with our EU partners and others to ensure that, in addition to a focus on the political and security situation, priority is given by the international community to the vital issues of human rights and humanitarian access to people and communities affected by the conflict and the tension in the region.

I commend the work of the African Union and United Nations in Darfur and reiterate Ireland’s full support for the UNAMID mission.

In keeping with Ireland’s commitment to the promotion and protection of human rights, we engage on human rights issues on an on-going basis in our contacts with the Colombian Government and civil society. When I met with Colombia’s President last year, human rights issues featured prominently in our discussion. Ireland’s concerns are also raised regularly with Colombian authorities by officials of my Department.We continue to work closely with our partners in the EU to monitor and to support the progressive improvement of the human rights situation in Colombia, including through the provision of development assistance. Ireland’s concerns regarding human rights were also raised at the level of the United Nations during the 2013 Human Rights Council Universal Periodic Review of Colombia.

A number of positive developments have been noted by the UN High Commissioner for Human Rights and others. These include the peace process with its agenda covering critical areas including rural development and political participation, the role of the National Ombudsman’s Office and the Victim’s and Land Restitution Law and other land initiatives to address vulnerability and promote positive social change.

However, there remain issues of serious concern such as the protection of human rights defenders, weaknesses in the justice system and reports of violations of human rights.

I agree with the UN High Commissioner for Human Rights that many human rights violations that are linked to the internal armed conflict could end or be greatly reduced if progress in the peace negotiations leads to well conceived and implemented peace accords. A peace agreement and an end to hostilities would create significant opportunities for resources across society to be directed towards building a stable and equitable Colombia.

The peace process underway is therefore of great significance. I commend all those that are working constructively in the process and hope that their efforts will bring an end to a long conflict in Colombia that has caused much suffering.

I can confirm that a refund cheque has issued to the person in question.

I am aware of this case in which an Indian national, Mr. Ezhur Gangadharan, caretaker at a school in Abu Dhabi for over 30 years, was sentenced to death last July for the rape of a 7 year-old female student at the school. Serious questions have been raised in relation to this case, including Mr. Gangadharan’s claim that his confession, the only evidence produced by the prosecution at the trial, was given under duress. As I understand an appeal process was launched last November and this is currently ongoing. Both the Irish Government and the EU have consistently held a strong and principled position against the death penalty in all cases and under all circumstances, and we continue to seek its universal and permanent abolition. This view is only accentuated in any case where there are questions as to whether international standards of fair trial have been met. I strongly stress the cruel and irreversible nature of capital punishment, with no credible evidence that it deters crime. Ireland has consistently called on all states to immediately adopt a moratorium on executions, with a view to eventual abolition, most recently at a high level panel on the issue at the 25th session of the UN Human Rights Council in March 2014. The 2013 EU country human rights strategy for the UAE, which Ireland developed in conjunction with other EU Member States, also prioritises support for abolition of the death penalty. In a welcome development at the end of January, the President of the United Arab Emirates, His Highness Sheikh Khalifa bin Zayed bin Sultan Al Nahyan, ordered a stay on executions in the UAE, though it is not clear if this only applies to those convicted of murder. EU High Representative Catherine Ashton welcomed this move in a statement on 7 February, in which she expressed her hope that it will constitute a first step towards a definitive moratorium on the use of the death penalty in the UAE. I strongly endorse HR Ashton’s call that the stay on executions will include all those sentenced to the death penalty in the UAE. The Irish Embassy in Abu Dhabi, in cooperation with other EU Member States, regularly raises human rights issues in their contacts and dialogue with the UAE authorities. This includes with regard to both the death penalty and the situation and treatment of migrant workers in the UAE. Officials in the Department of Foreign Affairs and Trade and in the Irish Embassy in Abu Dhabi will continue to follow closely developments with regard to human rights issues in the UAE, including with regard to use of the death penalty and the specific case of Mr. Gangadharan, and will endeavour to make representations to the UAE authorities at every appropriate opportunity.

The precise arrangements for elections, as well as a decision to hold any referendum, are a matter for the government and parliament of Ukraine. I am aware that the acting President of Ukraine, Aleksandr Turchinov, has spoken earlier this month of a possible nation-wide referendum on the same day as the presidential elections on 25 May if the Ukrainian parliament adopted the corresponding decision. We have seen no reports, however, that the parliament has been ready to take any action on the matter. It is clear that the authorities in Kiev are currently devoting their energies to preparing the presidential elections on 25 May and creating the conditions to enable them to take place. At its meeting on 14 April, the EU Foreign Affairs Council expressed strong support for the holding of free and fair presidential elections. Ireland is sending a team of observers to Ukraine to help achieve that objective, one which, I hope, will allow the Ukrainian people to determine their own future and help build trust across the country.

As highlighted in my response to Question No. 63 of 8 April 2014, Ireland is actively engaged at both European Union and United Nations level in relation to the ongoing crisis in the Democratic Republic of Congo and the Great Lakes region. The Government, along with our partners at the EU and UN, condemns all forms of external support to destabilising forces active in the Democratic Republic of Congo. The focus by all sides must be on finding a durable solution to the ongoing crisis in the DRC and the region. It is imperative that regional Governments, including the Government of Rwanda, cooperate with the United Nations and play a positive role in searching for peace and stability. In this regard, I note that Rwanda is one of the signatories of the Framework Agreement for Peace, Security and Cooperation in the Great Lakes Region which was signed in the presence of the UN Secretary General in Addis Ababa on 24 February 2013. Ireland is supporting former President Mary Robinson in her important role, as Special Envoy of the UN Secretary General for the Great Lakes region of Africa, to coordinate and assess the implementation of national and regional commitments under the Framework Agreement. In December 2013, Ireland contributed €300,000 to the UN Trust Fund in support of the Office of the Special Envoy. We are also actively considering support for the Women’s Platform for the peace process in the Great Lakes Region which is under the guidance of Special Envoy Robinson.

Since 2009, Ireland has provided €44.6 million in response to the crisis in the DRC. In 2013 alone, Ireland provided over €5.5 million in humanitarian funding to the DRC - €3.8 million was provided to the Common Humanitarian Fund for the DRC, while the remaining €1.8 million was allocated to NGO partners.

I can confirm that applications for passport renewal are currently taking on average 8 working days from receipt in the Passport Service. Applications from first time applicants are currently take 10/11 working days. The attraction and popularity of the Passport Express service is reflected on the fact that to date 141,000 Irish citizens have applied through Passport Express representing an 11% increase in demand over 2013 and 15% over 2012. This increase in demand can be partly explained by two sharp peaks so far in 2014 as a result of naturalisation ceremonies in January and March, when approximately 8,000 new Irish citizens largely applied for their passports within a relatively short period of time. This has adversely impacted on the finite resources available to the Passport Service over a number of weeks in terms of the processing time for passport applications. There is no doubt that this stretch on resources served to delay the delivery of passport services for a number customers. This delay in the delivery of services is regretted.

However, the delivery of all passport services is conditional on the available resources at the time of application and must be cognisant of the legal requirements of the Passports Act 2008 and related regulations. In this regard, it is not possible to provide an absolute guarantee in terms of the delivery of any passport service. Nonetheless, the ten working day turnaround period for Passport Express applications is a daily business goal by which the Passport Services vigorously works to and is the standard of performance by which it reports to the general public each week on the Department’s website www.passport.ie.

I should also explain that the charge for adults submitting applications through Passport Express can be broken down into two components: €80 paid to the State, which is the standard cost for a passport application and €9 to An Post to cover the cost of the receiving applications, the traceability systems and guaranteed postal delivery element.

There has been no increase in the cost of the standard fee for a passport since 2009. The An Post element increased from €8.50 to €9 in 2012, after a long period unchanged, to reflect more general increases in the cost of postal delivery.

I believe that the Passport Express service continues to represent excellent value for money and do not see any scope for price reductions at this time.

I am aware of reports of US funding in the past for a social media project in Cuba known as ZunZuneo. I have asked officials of my Department to keep me informed on this issue.

Currently the Passport Offices receive and process over 200 passport applications per day to assist those travelling at short notice (3-10 days).In addition, the Passport Service last week launched a pilot Rapid Renewal service which will allow one-day passport renewals – by appointment only – for citizens who have a last-minute passport issue. A total of twenty appointments will be available every day until October. Appointments can be made from 2.30pm the previous day at www.passportappointments.ie. Due to the location of the passport production machinery this service is currently only available in the Dublin passport office.

Since the Certificate of Irish Heritage was introduced in September 2011, 2,760 Certificates have been issued. This is broken down as 2,492 Certificates sold and 268 promotional Certificates presented to various individuals during this time.With the vast majority of the global diaspora not eligible for Irish citizenship, the Certificate of Irish Heritage was introduced to recognise descendents of previous generations of Irish citizens in an official way and to give greater practical expression to the sense of Irish identity felt by many around the world. It is very clear from the positive reaction of those who have received a Certificate how much their heritage means to them. My Department will continue to work with Fexco (who operate the programme on our behalf) to promote the Certificate of Irish Heritage around the world.

The protracted and tragic crisis in Syria has resulted in unprecedented levels of humanitarian need, requiring a sustained response from the international community. As the number of fatalities surpasses an estimated 150,000 people, there are now over 9.3 million people within Syria who are in need of immediate life-saving support, with a further 2.7 million Syrian refugees requiring assistance in neighbouring countries. Ireland has been to the fore in international efforts to help alleviate the suffering of the Syrian people, and is one of the most generous contributors to the international humanitarian response on a per capita basis. In view of the immense needs in Syria and neighbouring countries hosting Syrian refugees, at the Second International Humanitarian Pledging Conference which took place in Kuwait on January 15th, I announced Ireland’s pledge of €12 million in humanitarian assistance for 2014. This pledge brings Ireland’s overall funding commitment for the period 2011 to 2014 to €26.011 million, of which over €20 million has been disbursed to date. Funds have been provided to a range of established UN partners as well as to Irish NGOs operational in Syria and the region. We will continue to provide assistance within our means and as the situation evolves.

I am aware of difficulties in transferring funds from Venezuela internationally because of a serious shortage there of foreign exchange for either private or business purposes. This is, I am advised, creating difficulties for some Venezuelans living in Ireland and elsewhere abroad as they have been unable to receive funds from Venezuela. At my request, officials of my Department have brought to the attention of the Venezuelan authorities the impact that this issue is having on their citizens in Ireland. I understand that the Venezuelan authorities are introducing changes at present that it is hoped will address foreign currency issues.

With regard to the recent closure of some schools and the impact of this on citizens of various countries, I understand that the Irish Naturalisation and Immigration Service (INIS), the Department of Education and Skills, and Quality and Qualifications Ireland (QQI) are working together on this issue.

The standards body for passport issuance, the International Civil Aviation Organisation, recommend that the maximum validity for passports should be ten years. As a result, it is necessary to commence the validity of new passports from the date of renewal rather than a future expiry date.

The supply of water by local authorities and Irish Water is exempt from VAT. This VAT exemptions applies to all supplies of water, including supplies to domestic households, businesses and others.

Ireland's long standing VAT exemption for the supply of water is currently contained in paragraph 14(2) of Schedule 1 to the VAT Consolidation Act 2010.  The exemption is based on a derogation from EU VAT law contained in Article 371 and Annex X of the EU VAT Directive.

I am advised by the Revenue Commissioners that combating the illegal tobacco trade is, and will continue to be, a high priority for them. Their work against this illegal activity includes a range of measures designed to identify and target those who are engaged in the supply or sale of illicit products, with a view to seizing the illicit products and prosecuting those responsible. This multi-faceted strategy includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU and international basis, the use of analytics and detection technologies and ensuring the optimum deployment of resources at points of importation and within the country.

Interception of illicit tobacco products is achieved through a combination of risk analysis, profiling and intelligence and the screening of cargo, vehicles, baggage and postal packages. Revenue officers also target the illicit trade at the post-importation level by carrying out intelligence-based operations and random checks at retail outlets, markets and private and commercial premises.

There is extensive cooperation with An Garda Síochána in combating the illicit trade, and the relevant agencies in the State also work closely with their counterparts in Northern Ireland, through a cross-border group on tobacco enforcement to target the organised crime groups that are responsible for a large proportion of the illegal tobacco market. In addition, cooperation takes place with other revenue administrations and with the European Anti-Fraud office, OLAF, in the ongoing programmes at international level to tackle the illicit trade.

Legislative action has been taken over recent years to ensure that the Revenue Commissioners have the requisite powers to respond effectively to the problem of the illegal tobacco trade. The Finance Act 2012 clarified the legal basis for Revenue officers to open and examine the contents of postal and courier packets that are reasonably believed to contain untaxed excise products. The Finance Act 2013 introduced new offences and forfeiture measures relating to the illicit production of tobacco, including offences of involvement with illicit tobacco production, knowingly dealing in or delivering any illicit tobacco product and keeping materials and equipment for the purposes of illicit production. Provision was made also for the forfeiture of any equipment or materials, including unmanufactured tobacco, used for illicit production. That Act also strengthened the offence provisions relating to the sale or delivery of unstamped tobacco products. The Finance (No. 2) Act 2013 provided that a person suspected of an offence of dealing in, or with, unstamped tobacco products must provide information to a Revenue Officer or a Garda and may be required to present any tobacco product concerned for examination, and makes provision for search by a Revenue Officer or Garda of any bag or other receptacle that he or she reasonably believes to contain tobacco products that are concerned in the offence.

As well as those changes to primary law Ireland, in accordance with EU Directive 2008/118/EU, introduced a quantitative restriction, with effect from 1 January 2014, on the number of cigarettes that may be brought into the State for personal use by individuals travelling from Bulgaria, Croatia, Hungary, Latvia, Lithuania and Romania. The Excise Duty on Cigarettes (Quantitative Restrictions) Order 2013 (S.I. No. 553 of 2013) provides that the number of tax-paid cigarettes that may be brought into Ireland for personal use by individuals travelling from those Member States, without payment of further excise duty in Ireland, is restricted to 300. Anyone with cigarettes in excess of that quantity must declare them to a Revenue Officer and pay the appropriate excise duty. This restriction will remain in place until 31 December 2017 or until such time as the particular Member State has achieved the required EU minimum tax levels, whichever is the earlier.

I am advised that the Revenue Commissioners are satisfied that the proposed standardised packaging of tobacco products will not damage their work to tackle the illicit tobacco trade. Revenue relies on the tax stamp to identify tax paid tobacco products, and the standardised packaging legislation will accommodate the stamp. The tax stamp contains a range of features designed to minimise the risk of counterfeiting.

The Revenue Commissioners will maintain their commitment to acting against all stages of the supply chain for illicit tobacco products and will continue to make every effort to ensure that those involved in the illicit trade are brought to account before the courts for their criminal activities. A new multi-annual strategy for dealing with the problem is being drawn up, and the Revenue Commissioners are consulting with key stakeholders in preparing this document.

I am advised by my colleague the Minister for the Environment and by the Local Government Management Agency that they are not aware of any outstanding cases before the courts concerning the Household Charge.

As regards the Revenue Commissioners, I have answered a number of Questions previously on this issue.  In particular, in my reply to Question number 92 on 26 June 2013, I informed the House that a High Court challenge to the Local Property Tax (LPT) had been lodged. The House was also informed that the Chief State Solicitor was the solicitor on record acting for all State defendants and that the case was being vigorously defended. I am advised that the High Court, on the application of the State defendants, made an Order in July 2013 dismissing the Plaintiff's claim on the grounds that it was frivolous and vexatious and disclosed no cause of action against the Defendants. This decision is under appeal to the Supreme Court.

I am also advised that another person is challenging the constitutionality of the Local Property Tax. This challenge is at an early stage and has not yet been set down for hearing in the High Court.

Section 156 of the Finance (Local Property Tax) Act 2012 (as amended) provides that where the €100 Household Charge for 2012 had not been paid by 1 July 2013 the arrears amount is increased to €200 and is treated as Local Property Tax (LPT). I am informed by the Revenue Commissioners that the obligation of a liable person to pay the €200 arrears is not impacted by whether the person is in the process of challenging the legality or the constitutionality of LPT/household charge in the courts. Accordingly, the existence of legal proceedings before the Courts does not prevent the collection of such arrears and where a liable person has not paid these arrears, payment will be pursued, where necessary, using the range of collection/enforcement powers at Revenue's disposal which include, mandatory deduction at source from salary, various occupational pensions or from certain Government payments.

The Betting (Amendment) Bill 2013, which includes provisions around extended opening hours for betting shops,  was published in July last.  Following publication the EU Commission had to be notified under the Technical Standard Directive and a three month standstill period ensued.  That standstill period ended in October last.

Second stage was completed in January and my officials are working towards the objective of progressing the Bill through all remaining stages in this session.

Under EU law which governs non-life insurance, an insurer is required to inform the regulator in its home Member State (its home regulator) that it intends to pursue business in another Member State. The home regulator must then provide the host regulator with a certificate attesting that the insurer covers the EU Solvency Capital Requirement, as well as the nature of the business which the insurer intends to undertake. The insurer may start to pursue business from the date that the certificate is communicated to the host regulator, in this case the Central Bank of Ireland.

Setanta Insurance Company Limited ("Setanta") is a Maltese incorporated company which was both authorised and prudentially supervised by the Malta Financial Services Authority (MFSA). Setanta was regulated at EU regulatory level in accordance with a directive known as Solvency I which currently places requirements on the amount of regulatory capital European insurance companies must hold against unforeseen events. I understand that Setanta met its EU regulatory obligations and under EU law is therefore entitled to trade across EU borders. Following negotiations that were completed at European level in November, 2013, a new regime known as Solvency II will commence on 1 January 2016, which will further strengthen the EU regulatory framework. The Solvency II EU Directive sets out new, stronger EU-wide requirements on capital adequacy and risk management for insurers with the key aim of increasing policyholder protection. The new regime will also ensure greater cooperation between supervisors.

On 16 April, 2014, Setanta Insurance Company Ltd ("Setanta") determined that the company was insolvent. This means that Setanta does not have sufficient funds to be able to honour its full obligations towards claimants, policyholders and other creditors. It is expected that Setanta will be formally placed into liquidation by the Malta Financial Services Authority in the coming days. Policyholders can expect to be given two months cancellation notification (in accordance with the Central Bank of Ireland's Consumer Protection Code 2012) during which period cover will remain in force. While policies will remain valid until the required notice period has been served, it is important to be clear that the amounts due under any claims may not be fully recoverable in all circumstances. In this light, it is important to note that the Central Bank of Ireland has advised all Setanta policyholders to arrange for alternative cover without delay.

The Motor Insurance Bureau of Ireland ("MIBI") have indicated that they intend to accept all third party claims in connection to Setanta policies. MIBI is a non-profit-making organisation which was established by Agreement between the Government and those companies underwriting motor insurance in Ireland. The principal role of MIBI is to compensate innocent victims of accidents caused by uninsured and unidentified vehicles.

First party claims on personal insurance policies will be payable from the Insurance Compensation Fund (ICF) once Setanta is formally placed into liquidation. Claimants will be eligible for 65% of the amount due or €825,000, whichever is the lesser. Under Section 3.6 of the Insurance Amendment Act 1964 (as amended) first party claims by a body corporate or unincorporated body are not covered by the ICF.

The refund of premiums for commercial and personal insurance policies is not covered by the ICF or MIBI. A portion of the premium refunds may, however, be available upon completion of the Setanta liquidation.

Until otherwise advised those policyholders which have been affected by the collapse should continue to contact to Setanta Insurance Services Limited at 0818 255 255 (if calling from outside Ireland +353 1 897 6300) or on support@setantainsurance.com.

In response to the Deputy's question phone calls into or out of my Department are not currently being recorded nor have they been recorded in the past.  

The total number of Freedom of Information requests received by my Department between 1 January 2013 and 11 April 2014 was 265.  The number of these requests that were related to tobacco policies in general was 10. 7 of the 10 requests related specifically to standardising packaging of tobacco products and all 7 of these were made by an agent acting on behalf of a tobacco manufacturer.

I would like to assure the Deputy that the need to balance the competitiveness of our corporation tax offering for mobile foreign direct investment while ensuring the maximum benefits to the State is a matter that is considered on an on-going basis.

The importance of maintaining the standard 12.5% rate of corporation tax to Ireland's international competitive position in the current climate must be borne in mind. Ireland, like other smaller member states, is geographically and historically a peripheral country in Europe. A competitive corporate tax rate is a tool to address the economic limitations that come with being a peripheral country, as compared to larger core countries. Ireland's corporation tax rate plays an important role in attracting foreign direct investment to Ireland and thereby increasing employment here.

As to how successful we are at getting this balance right, the Deputy may wish to note that the revenue generated by Corporation Tax in Ireland is broadly line with the EU average.  In 2013 we collected just over €4.2bn which is 11.3% of overall Exchequer tax revenue and equivalent to 2.6% of Gross Domestic Product ('GDP').

Any increase in the 12.5% rate could unfortunately result in a behavioural change on the part of taxpayers and potentially have a negative impact on economic growth as a result.  In relation to the "tipping point" referred to by the Deputy, I would draw attention to an OECD multi-country study "Tax Effects on Foreign Direct Investment - Recent Evidence & Policy Analysis"1, which found that a 1% increase in the corporate tax rate reduces inward investment by 3.7% on average.  On this basis, it would take only a 2.5% increase in the rate (to 15%) to decrease Ireland's inward investment by nearly 10%. This assumes the average applies across the board but in fact the effect is likely to be more extreme for Ireland.  In another report by the OECD, "Tax Policy Reform and Economic Growth"2, corporate taxes were identified as the tax which are most harmful to economic growth prospects.   These are just examples of the types of international reports my Department has identified as relevant when looking at the relationship between tax, foreign direct investment and job creation.

Further, it is worth saying that the certainty around the rate of Irish corporation tax is one of its biggest strengths, and it would be difficult to justify an increase in the context of Ireland's stated position that we will not change our corporation tax strategy. Even a marginal change in the rate of corporation tax would undermine both our long held stance on this issue and the certainty of business, domestic and international, in our resolve to maintain that position.

As I said at Budget time, the 12.5% is settled policy and the Government remains 100% committed to this rate.

1 (2008) OECD Tax Policy Studies No. 17

2 (2010) OECD Tax Policy Studies No. 20.

The scheme, introduced by me in the Finance Act 2013, provides for a repayment of a part of the mineral oil tax paid on the purchases of auto-diesel for use in the course of business by qualifying road haulage and bus operators.

I am informed by the Revenue Commissioners that the numbers of haulage and bus operators availing of the scheme at 27th April is 1,426. The total number of claims received by Revenue at that date in respect of 2013 is 2,849 and the total value of these claims is €9,472,859. To date, 1,670 of these claims have been processed resulting in the repayment or offset of €6,218,409. The remaining €3,254,450 is being processed through the recently developed automated system and will be repaid/offset in the coming days.

The processes for the scheme are designed to address the risk of widespread abuse of the scheme and to ensure that claimants meet the scheme's qualifying conditions. These requirements are necessary to enable Revenue to manage repayments to qualifying transport operators while controlling the risk of fraud.

As part of the scheme's risk control framework, provision was made for certain restrictions on the means by which the auto-diesel concerned may be purchased. Purchases in bulk must be made from a licensed mineral oil trader, and delivered, in a quantity exceeding 2,000 litres, to a premises or place that is under the control of that qualifying road transport operator. Purchases by means of a fuel card, approved by Revenue for the purpose of the scheme, also qualify for repayment and there is no minimum requirement on purchases made in this way. A fuel card will be approved where Revenue is satisfied that the fuel card provider will supply it with the information required about purchases of auto-diesel by means of that card. Fuel cards are widely available and are usable across the road network and there are a number of fuel card providers who can supply suitable fuel cards to road transport operators and fuel retailers.

Bulk purchases from licensed mineral oil traders can be verified by reference to the monthly electronic returns that the oil traders are required to make to Revenue. These returns form part of the supply chain controls introduced by Revenue to tackle the problem of illicit fuel, prior to the introduction of the diesel rebate scheme. The return provides an electronic record of the purchases, stock movements and sales of mineral oil each month by licensed mineral oil traders, by oil product type, including bulk sales to customers exceeding 2000 litres. This information can be used to verify electronically claims for bulk purchases under the diesel rebate scheme. A reduction in the minimum bulk purchase requirement for the diesel rebate scheme would require a corresponding reduction in the minimum threshold for purchases to be reported by mineral oil traders in their monthly returns, greatly increasing the number of transactions to be reported in these returns and the related administrative burden on the mineral oil traders.

I am satisfied that the requirements for the scheme achieve the right balance between making the scheme available to compliant transport operators and allowing Revenue to manage effectively the risk of fraud and I have no plans to change them.

The Deputy will be aware that this case was previously raised by him under Question 44090 of 2013.

The initial difficulties in the case arose because the person in question failed to engage with Revenue in regard to the ownership of the property in spite of receiving a number of letters and reminders in regard to the issue. As a direct consequence of the non engagement, Revenue issued an instruction to her employer on 16 September 2013 to commence deductions from her salary in respect of the outstanding LPT liability. The instruction was subsequently revoked on 15 October 2013 on foot of Question 44090 and the Property Register was amended to reflect the correct ownership of the property.

From examining the person's 2013 P60 records it appears that the employer did not activate the deduction before receiving the revocation notice of 16 October. On that basis Revenue did not make any refund to the person. The person was subsequently contacted directly by a member of the LPT team who explained the situation to her and asked her to submit confirmation of any deductions made in respect of LPT by her employer.

Revenue has assured me that as soon as it receives the required confirmation it will investigate the matter without delay and will refund or offset any money identified as owing to the person.

The Thornhill Group, the inter-departmental group chaired by Dr Don Thornhill established to consider the structures and modalities of a property tax, recommended that Local Property Tax (LPT) paid by the owner in respect of a rented property should be deductible for income tax or corporation tax purposes, in a similar manner to commercial rates. The Government has agreed in principle to accept this recommendation but has not considered the manner or the timing in which this will happen.

I have been informed by the Central Bank that a meeting has taken place between Professor Morgan Kelly and representatives of the Central Bank, but I am not privy to the details of any such meetings conducted by the Central Bank.

As the Deputy is aware, the remarks by the UCD academic Morgan Kelly relate to the forthcoming stress testing by the ECB and in this context the Governor of the Central Bank indicated recently that the purpose of the forthcoming ECB stress tests on 128 European banks, which includes Irish banks, was to remove market and government doubts about the ability of banks to absorb losses with their own shareholders funds. It is important to highlight that the ECB Comprehensive Assessment will not get into loan restructuring. The objective of the review is focused solely on determining whether the banks have enough provisions against their loans and capital. Irish banks have just undergone such an exercise, their second in less than three years, which led to a substantial increase in their loan loss provisions at year end. As I have stated previously, I do not anticipate any capital issues for the Irish banks arising from the Comprehensive Assessment.

I am advised by the Revenue Commissioners that this taxpayer contacted Limerick Revenue District on Friday 25th April. A Tax Return for 2012 was issued to the taxpayer on that day. On receipt of the completed return, a notice of assessment will issue immediately, in accordance with the information contained in the form.

I am informed by the Revenue Commissioners that the Finance Act 1992, Part II, Chapter IV provides that, for Vehicle Registration Tax purposes, tractors are classified as Category C vehicles and liable to a VRT charge of €200.  All vehicles, unless they have a specific arrangement with the Revenue Commissioners, must be registered not later then 30 days following their arrival in the State.  Section 132(3A) of the same act provides for a late charge where a vehicle is not so registered.

In late 2013, following the introduction of measures contained in the Non-Use of Motor Vehicles Act 2013 relating to vehicles off the road, there was a large number of tractors presented to motor tax offices.  Many of these were very old vehicles, some of which had been registered in the State and others not.  The situation was complicated by the fact that a lot of those vehicles that were declared as registered had no supporting paperwork.  The Revenue Commissioners recognised that this was an exceptional situation and, between 1 October 2013 and 31 March 2014, put a system in place to ensure that the primary aim of registering these vehicles was achieved.

In the case in question, the Revenue Commissioners advise that contact should be made with the VRT Branch in Dublin Castle (01-8589147) to resolve the issue.

I am informed by the Revenue Commissioners that the total tax expenditure in respect of pension contributions for 2011, the latest year for which data are available, is estimated to be in the region of €1,500 million.

These costs include those associated with employee and employer contributions to approved superannuation schemes, exemption of employers contributions from employee benefit in kind taxation, retirement annuity contracts and personal retirement saving accounts. It does not include the costs associated with the exemption of income and gains of approved superannuation funds or tax relief on "tax free" lump sums as the information is not available for 2011. However, the cost for these two reliefs for 2010 is estimated to be in the region of €970 million.

A breakdown of these costs by reference to deciles of incomes could not be provided without undertaking an extensive and costly development of Revenue systems and there would likely be significant additional compliance and administrative costs on employers and others in having to provide much more detailed data than is currently provided. Data in respect of the year 2012 are currently being processed and will be available in due course, while data in respect of 2013 are still being collected or are not required to be returned until later this year.

The Deputy will be aware that NAMA's role in relation to property is, like a bank, that of a secured lender and that it does not, generally speaking, own residential or other property assets securing its loans. Rather, such properties are owned and managed by NAMA debtors or, in the case of enforcement, are managed by the appointed insolvency practitioner. I am advised that NAMA has an exposure as a secured lender to approximately 14,000 completed residential properties in Ireland through its debtors and receivers and that about 70% of these properties are located in Dublin.

The Deputy may also be aware that NAMA made over 4,600 residential units controlled by its debtors and receivers available for social housing. Demand has been confirmed by local authorities for just over 1,800 of these properties and NAMA is facilitating the purchase or leasing of these houses and apartments by local authorities and approved housing bodies.

I am advised by NAMA that 1,321 houses and apartments have been made available to local authorities in Dublin. Demand has been confirmed by the Dublin local authorities for 534 of these properties, of which, to date, 324 have been delivered for social housing. The breakdown of these figures by Dublin local authority is set out below. The properties which the local authorities did not consider suitable for meeting social housing demand have subsequently been let in the private rental market or sold by their owners or receivers.

I am advised by Revenue that no transaction fees or charges are incurred where liable persons opt to pay their Local Property Tax (LPT) or arrears of Household Charge (HHC) through Deduction at Source from employment, occupational pension or certain payments from the Departments of Social Protection and Agriculture, Food and the Marine.

In regard to the other payment options that are available for the payment of LPT / HHC including cheque, debit card, credit card, direct debit and Single Debit Authority (SDA), I am advised that, while Revenue does not apply any transaction fees or charges, it has no discretion in relation to the charges or fees that the various financial institutions decide to apply to a transaction.

Neither does Revenue have any discretion in regard to the charges that the three approved Service Providers apply to LPT/HHC transactions. For the Deputy's information, An Post currently charges €1 per transaction, Omnivend charges 4% per transaction, and Payzone charges 75 cents per transaction up to €50, €1 per transaction for payments between €50.01 and €100 and €2 per transaction for payments over €100.

In regard to the Deputy's query as to whether local Revenue offices will accept cash payments of LPT/HHC, I am advised that Revenue offices do not accept cash payments in respect of any tax, including LPT and HHC, on foot of security concerns, and there are no plans to change this policy.

Finally, I am satisfied that the range of payment options put in place by Revenue to assist people in meeting their LPT/HHC obligations provide a great amount of flexibility to suit individual circumstances and I commend the Commissioners in this regard.

The Deputy may be aware that, under Section 53 of the NAMA Act 2009, NAMA is required to submit to me, before end-September in each year, an annual statement setting out its proposed objectives, activities, strategies, policies and proposed use of resources for the subsequent financial year. NAMA's Annual Statement for 2014, which was submitted to me in September 2013, is available on its website, www.nama.ie/publications/.   I am advised that NAMA's Annual Statement for 2015 will be submitted to me in September 2014 and I expect that it will laid before the Dáil and published shortly thereafter.

The Deputy may also be aware that I am required, under Section 227 of the Act, to conduct an assessment, every five years, of the extent to which NAMA is making progress towards achieving its overall objectives. The first such Section 227 review is currently underway. In the context of my Departments review, I have asked NAMA to evaluate their disposal timing and strategy in the context of current market demand and explore the advantages and disadvantages of accelerating its disposal strategy. 

I am advised that the NAMA Board is currently reviewing its asset disposal projections and the timeframe over which it can expect to repay its liabilities which currently are in excess of €21 bn and I expect to have discussions with the NAMA Chairman and Chief Executive in the near future as regards the outcome of the Board's deliberations.

As the Deputy will be aware, as part of the EU State aid approval process for the NAMA Scheme, which was approved by the Commission on 26 February 2010, the Irish authorities committed to notify each tranche of transferred bank assets to the Commission under EU State aid rules. Tranche 1 (N331/2010) and Tranche 2 (N529/2010) of the NAMA loans were approved by the European Commission in 2010.

In September 2010, it was agreed to expedite the final tranches. I am advised by my officials that a report was submitted on Tranches 3-9 to the European Commission on the 4 April 2014 and we are awaiting their decision on the matter. I do not envisage any issues with the approval process.  

As the Deputy may be aware, under an EU regulation adopted last year (Regulation (EU) No 473/2013), all Member States are required to publish their draft budget for central government and the main parameters of all other General Government sub-sectors no later than 15 October each year.

While the date of Budget 2015 is yet to be decided, in light of the above requirement, it must be on or before the 15th of October. The actual date will be decided by Government and announced in due course.

I am advised by the Revenue Commissioners that the first claims for tax relief under the Home Renovations Incentive (HRI) will not be made until January 2015 and it is not possible to say at this point how many residential property owners will avail of the relief.

I introduced the Home Renovations Incentive in Finance Act (No 2) 2013. It provides for tax relief for property owners by way of an income tax credit at 13.5% of qualifying expenditure on repair, renovation or improvement works.

These works must be carried out on the property owner's main residence by Contractors who qualify to participate in the HRI scheme.

The property owner can claim the HRI tax credit in the year after the work is carried out and paid for, starting from January 2015, using Revenue's Home Renovation Incentive online system. This includes his or her claim for work carried out and paid for between 25 October 2013 and 31 December 2013.

A simple, easy to use, online Home Renovation Incentive system was introduced on 10th April 2014. This allows contractors to record details of works being carried out and payments received by them. It also allows property owners to look up the details that the contractor has entered in relation to their works.

While the online system was only introduced on 10th April, I am advised that there has already been a significant amount of activity in the online system. Contractors have until 8th May to input works and payments for the period 25th October 2013 to 9th April 2014. These works and payments are now being input, as well as new works and payments. The following are details of activity in the online system as at start of business on Monday 28th April:

This question relates to the interest restriction applying to residential lettings, whereby the deductibility of interest in computing taxable rental income from residential property (insofar as it would otherwise be allowable) is limited to 75% of such interest.

Rental income for tax purposes from such property is the gross rental income less allowable expenses incurred in earning that rent, as specified in section 97(2) of the Taxes Consolidation Act 1997. The main deductible expenses are:

- any rent payable by the landlord in the case of a sub-lease;

- the cost to the landlord of any goods provided or services rendered to a tenant;

- the cost of maintenance, repairs, insurance and management of the property;

- the interest paid on borrowed money used to purchase, improve or repair the property (which, in the case of residential property, is restricted to 75% of the interest and is subject to compliance with PRTB registration requirements for all tenancies that existed in relation to the property in the relevant year); and

- payment of local authority rates.

In addition, wear and tear capital allowances are available in respect of the capital expenditure incurred on fixtures and fittings provided by a landlord for the purposes of furnishing rented residential accommodation. These allowances are granted at the rate of 12.5% per annum of the actual cost of the fixtures and fittings over a period of 8 years.

Where the aggregate of deductible expenses in any year exceed the gross rental income, the amount of the deficit is set against rental profits of the same year from other property. Where there are no other rental profits in the same year, the deficit is carried forward as a rental loss for offset against rental profits in future years.

The 75% restriction on interest on borrowed money used to purchase, improve or repair residential property was introduced in the April 2009 supplementary budget as part of an urgent revenue-raising package aimed at stabilising the public finances and I have no plans at this stage to amend it.

I introduced this scheme in the Finance Act 2013 in order to provide for a repayment to qualifying road haulage and bus operators of a part of the mineral oil tax paid on their purchases of auto-diesel for use in the course of business. The scheme does not apply to sales of petrol.   In order to address the risk of widespread abuse of the scheme, provision was made for certain restrictions on the means by which the auto-diesel concerned may be purchased. Purchases in bulk must be made from a licensed mineral oil trader, and delivered, in a quantity exceeding 2,000 litres, to a premises or place that is under the control of that qualifying road transport operator.

Bulk purchases from licensed mineral oil traders can be verified by reference to the monthly electronic returns that the oil traders are required to make to Revenue. These returns form part of the supply chain controls introduced by Revenue to tackle the problem of illicit fuel, prior to the introduction of the diesel rebate scheme. The return provides an electronic record of the purchases, stock movements and sales of mineral oil each month by licenced mineral oil traders, by oil product type, including bulk sales to customers exceeding 2000 litres. This information can be used to verify electronically claims for bulk purchases under the diesel rebate scheme. A reduction in the minimum bulk purchase requirement for the diesel rebate scheme would require a corresponding reduction in the minimum threshold for purchases to be reported by mineral oil traders in their monthly returns, greatly increasing the number of transactions to be reported in these returns and the related administrative burden on the mineral oil traders.

Purchases by means of a fuel card, approved by Revenue for the purpose of the scheme, also qualify for repayment and there is no minimum requirement on purchases made in this way. A fuel card will be approved where Revenue is satisfied that the fuel card provider will supply it with the information required about purchases of auto-diesel by means of that card. Fuel cards are widely available and are usable across the road network and there are a number of fuel card providers who can supply suitable fuel cards to road transport operators and fuel retailers.

The current purchasing arrangements under the scheme are necessary to enable Revenue to manage repayments to qualifying transport operators while controlling the risk of fraud. I am satisfied that the purchasing arrangements achieve the right balance between making the scheme available to compliant transport operators and allowing Revenue to manage effectively the risk of fraud and I do not plan to change these arrangements.  

The position is that autism assistance dogs are considered to be companions to autistic children and do not work in the same manner as a guide dog for a blind individual. 

A blind person who maintains a trained guide dog is allowed a sum of €825 per year in computing the gross eligible health expenses.  This is the equivalent of a tax credit of €165 and is only available in respect of fully trained guide dogs.  The qualification criteria for granting this additional relief is that the individual must be entitled to the Blind Person's Tax Credit under section 468 Taxes Consolidation Act 1997 (TCA) and also provide written confirmation from the Irish Guide Dogs Association that he or she is the registered owner of a trained guide dog. 

To qualify for the Blind Person's Tax Credit, an individual or the individual's spouse or civil partner must have impaired vision to an extent specified in the legislation and certified by an eye specialist, i.e. a medical practitioner with an additional qualification in Ophthalmic Medicine or Ophthalmic Surgery, or a registered Optometrist.  A doctor's certificate is not sufficient.

Relief in respect of health expenses is allowed in accordance with the provisions of section 469 of the Taxes Consolidation Act 1997.  In order to qualify for relief an individual must show that he or she has incurred health expenses for the provision of health care.  For the purposes of section 469 "health care" is the prevention, diagnosis, alleviation or treatment of an ailment, injury, infirmity, defect or disability.

Given that there is a requirement for certification by a qualified practitioner in order to obtain the Blind Person's Tax Credit, the use of a fully trained guide dog to alleviate the disability is deemed to constitute a health expense and it is on this basis that this additional relief for health expenses is allowed. Autism assistance dogs are primarily trained to act to improve the behaviour of the child by promoting calmness and acting as a safety aid.  These dogs act as a constant companion for the child and in certain circumstances can enhance the child's social skills and interaction with their family and peers. 

While the companionship, improved calmness and other such benefits are well testified, a medical basis that would bring such effects under the health legislation does not exist, and to allow relief for health expenses in this context would inevitably lead to calls for similar treatments, therapies or pet companions in other areas of disability to qualify for relief.

An exemption from tax for certain providers of childcare services was introduced in 2006. This exemption was a positive measure, aimed at smaller providers of childcare services.

Individuals in receipt of income from childcare services are, in general, chargeable persons. However they can claim an exemption from income tax and USC, provided:-

- the gross amount of childcare income does not exceed €15,000 in the year,

- they are minding not more than 3 children, and

- the children are looked after in the home of the childminder.

They must also notify the relevant childcare authorities each year that they are providing childcare services in their home.While the childcare income is exempt from income tax and USC, PRSI is chargeable, however PRSI does not apply where:-

- the provider of the childcare is over 66 years of age; or

- the provider is under 66 and the person's only income source is childcare income which is less than €15,000 per annum.

Therefore, in the case of grandparents providing the childcare, once they are over 66 and meet the conditions of the exemption, they will have no liability to tax, USC or PRSI.

As the Deputy will be aware, a carryover effect may arise as a result of a difference in the tax revenue generated from a tax measure in the year of implementation and the first year that the full impact of tax measures takes effect.  The Local Property Tax (LPT) was introduced in 2013 and the carryover will be seen this year.  Therefore, there will be no carryover in 2015. In addition, there is not expected to be a carryover in 2015 in respect of the changes to the maximum allowable pension fund for tax relief purposes (the Standard Fund Threshold -SFT). 

However, there will be other carryover measures from previous budgets and they are estimated to be broadly neutral in 2015 with a small negative carryover in the region of €10 million.  

The exact impacts of carryover will be reviewed as part of the Budget 2015 process, as there are a lot of moving parts to be considered, such as economic growth take up of various schemes and specific tax relevant factors, which could impact on the expected return from the measures.  These will be reflected in the White Paper on Receipts and Expenditure which will be published in advance of Budget 2015.

I am informed by the Revenue Commissioners that land is a chargeable asset for capital gains tax purposes. Accordingly any chargeable gain made on a disposal of land is subject to capital gains tax. Roll-over relief has not been available in respect of any disposals of chargeable assets made on or after 4 December 2002.

A chargeable gain is the difference between the sale price (net of incidental costs  incurred wholly and exclusively for the purposes of the sale e.g., solicitors costs, auctioneers costs, advertising costs) and the purchase price (including the incidental costs  incurred wholly and exclusively for the purposes of the acquisition e.g. solicitor's  fees, auctioneer's fees, stamp duty).  If the land was owned prior to 6 April 1974, the market value of the land as at 6 April 1974 is substituted for the purchase price and incidental costs of acquisition.   Any costs of a capital nature incurred in enhancing the land are allowable as a deduction in computing a chargeable gain. Where the land was owned at 6 April 1974 only  costs of a capital nature incurred since that date in enhancing the land are allowable as a deduction ( as any market value figure at 6 April 1974 would reflect any such costs incurred before that date).

If the land was purchased on or before 31 December 2002, the purchase price and incidental costs of acquisition are adjusted by an indexation factor to take account of the impact of inflation from the year  of acquisition (or 6 April 1974, where the asset was acquired prior to that date)  to 31 December 2002. In the case of development land, indexation relief is confined to the current use value of the land.

Retirement relief or farm restructuring relief are available to farmers who satisfy the requirements governing these reliefs. However I understand that the individual in respect of whom this question is asked is not a farmer and would not therefore qualify for these particular reliefs.

The first €1,270 of any capital gain made by an individual in any year is not chargeable to capital gains tax. The current rate of capital gains tax on any chargeable gain is 33%.

Detailed information on all aspects of capital gains tax (including allowable deductions, indexation relief factors and the method of calculation of a capital gain), is available in Revenue's Guide to Capital Gains Tax, leaflet CGT1, on the Revenue website, www.revenue.ie.

I am advised by the Special Liquidators that the methodology used by PwC in determining the value of the underlying residential property values involved a combination of recent property valuations and an indexation of property values.

I have been advised by the Special Liquidators that all assets were valued in line with standard valuation methodologies and the Ministerial Instruction. This included an assessment of current market value to third party investors and also NAMA.

I have been advised by the Special Liquidators that the price achieved in the recent sale of 64% of the Irish Bank Resolution Corporation Limited (in Special Liquidation) residential mortgage book was in excess of the independent valuation obtained.

The Special Liquidators will not be providing information as to the actual sales proceeds received in respect of the loan sales process as this is commercially sensitive information.

Neither I nor the Special Liquidators are in a position to comment on the intentions or subsequent actions of third party purchasers once they have purchased the loan assets.

I am advised that the contractual terms and conditions of all customer mortgages and other borrowings of Irish Bank Resolution Corporation have not changed as a result of the sale of these obligations to a third party. Purchasers of mortgage loans will be obliged to honour the legal terms of the loan agreements. Furthermore the Government has committed to bringing forward legislation to ensure mortgage holders maintain the protection of the CCMA. In the interim I am satisfied that the new purchasers have agreed to comply with the Code of Conduct on Mortgage Arrears.

I have been advised by the Special Liquidators that PwC conducted interviews with investor groups as part of the process of forming their independent valuation and sales strategy advice. The number of investor groups interviewed was a matter of professional judgement applied by PwC. The discussions related specifically to their independent advice for Project Sand.

I am further advised that on an overall portfolio basis, the Special Liquidators held in-bound and out-bound discussions with over 300 interested parties as part of the wider market sounding process.

I am advised by the Special Liquidators that they are in the process of devising a further open market sales process in relation to the remaining mortgage books in IBRC the details of which will be communicated to all relevant parties in due course. 

Any decision to acquire loan books is a commercial matter for the Boards and managment of the individual banks and as the Deputy will be aware under the Relationship Framework the State does not intervene in their management decisions regarding commercial matters.

Tax relief is not available to parents in respect of creche fees or childcare costs. However, I can assure the Deputy that the Government acknowledges the continuing cost pressures on parents, particularly those with young children. In recognition of these cost pressures, a number of support measures are in place to ease the burden on working parents. These include the Community Childcare Subvention (CCS) programme, which funds community childcare services to enable them to charge reduced childcare fees to qualifying parents, the Childcare Education and Training Support (CETS) programme which provides free childcare places to qualifying FÁS and VEC trainees and the Early Childhood Care and Education (ECCE) programme which provides for a free pre-school year for children in the year before commencing primary school. Generous entitlements to paid and unpaid maternity leave as well as child benefit payments are also provided.

The Department of Social Protection provides financial support to families on low pay by way of the Family Income Supplement (FIS) and to one-parent families through the one-parent family payment.

In addition, a Single Person Child Carer tax credit of €1650 is provided as well as an additional standard rate band of €4,000. This credit and band is payable to any single person with a child under 18 years of age or over 18 years of age if in full time education or permanently incapacitated. The primary claimant may relinquish this credit and increase in the rate band to a secondary claimant with whom the child resides for not less than 100 days in the year.   To claim the Single Person Child Carer Credit a claimant must not be married, in a civil partnership or cohabiting.

The Universal Social Charge (USC) was introduced in Budget 2011 to replace the Income Levy and Health Levy. It was a necessary measure to widen the tax base, remove poverty traps and raise revenue to reduce the budget deficit.  It is a more sustainable charge than those it replaced and is applied at a low rate on a wide base with very few exemptions.

In Budget 2012 I announced that those earning less than €10,036 would no longer be subject to the Universal Social Charge. This in itself has removed almost 330,000 individuals from the charge and is of particular benefit to the low paid.

I have no plans to introduce tax relief to assist parents with the cost of childcare. As the Deputy will appreciate, I receive numerous requests for the introduction of new tax reliefs and the extension of existing ones. As the Deputy will also appreciate, I must be mindful of the public finances and the many demands on the Exchequer given the current budgetary constraints. Tax reliefs, no matter how worthwhile in themselves, reduce the tax base and make general reform of the tax system that much more difficult.

The following table outlines the European Investment Bank borrowing from 2000-2013 and the resultant impact on general government debt for this timescale.

Likewise the annual interest costs relating to the loans have also been included in addition to the consequent effect on the general government balance figures for the same period.

*2013 figures are provisional and unaudited

I propose to take Questions Nos. 78 and 99 together.

On Wednesday 16th April, 2014, Setanta Insurance Company Ltd ("Setanta") determined that the company was insolvent. This means that Setanta does not have sufficient funds to be able to honour its full obligations towards claimants, policyholders and other creditors. It is expected that Setanta will be formally placed into liquidation by the Malta Financial Services Authority in the coming days.   Policyholders can expect to be given two months cancellation notification (in accordance with the Central Bank of Ireland's Consumer Protection Code 2012) during which period cover will remain in force.  While policies will remain valid until the required notice period has been served, it is important to be clear that the amounts due under any claims may not be fully recoverable in all circumstances. In this light, it is important to note that the Central Bank of Ireland has advised all Setanta policyholders to arrange for alternative cover without delay.

The Motor Insurance Bureau of Ireland ("MIBI") have indicated that they intend to accept all third party claims in connection to Setanta policies. MIBI is a non-profit-making organisation which was established by Agreement between the Government and those companies underwriting motor insurance in Ireland. The principal role of MIBI is to compensate innocent victims of accidents caused by uninsured and unidentified vehicles.

First party claims on personal insurance policies will be payable from the Insurance Compensation Fund (ICF) once Setanta is formally placed into liquidation.  Claimants will be eligible for 65% of the amount due or €825,000, whichever is the lesser. Under Section 3.6 of the Insurance Amendment Act 1964 (as amended) first party claims by a body corporate or unincorporated body are not covered by the ICF.

The refund of premiums for commercial and personal insurance policies is not covered by the ICF or MIBI. A portion of the premium refunds may, however, be available upon completion of the Setanta liquidation.

Until otherwise advised those customers which have been affected by the collapse should continue to contact to Setanta Insurance Services Limited at 0818 255 255 (if calling from outside Ireland +353 1 897 6300) or on support@setantainsurance.com.

I propose to take Questions Nos. 79, 102 and 116 together.

Under EU law which governs non-life insurance, an insurer is required to inform the regulator in its home Member State (its home regulator) that it intends to pursue business in another Member State. The home regulator must then provide the host regulator with a certificate attesting that the insurer covers the EU Solvency Capital Requirement, as well as the nature of the business which the insurer intends to undertake. The insurer may start to pursue business from the date that the certificate is communicated to the host regulator, in this case the Central Bank of Ireland. 

Setanta Insurance Company Limited ("Setanta") is a Maltese incorporated company which was both authorised and prudentially supervised by the Malta Financial Services Authority (MFSA). While its financial position is not supervised by the Central Bank of Ireland as the Central Bank has no role in that regard,  the firm is supervised by the Central Bank for conduct of business rules, i.e. consumer protection obligations.  I understand that the Central Bank has been in ongoing contact with the MFSA in relation to Setanta in recent times.

Setanta was regulated at EU regulatory level in accordance with a directive known as Solvency I which currently places requirements on the amount of regulatory capital European insurance companies must hold against unforeseen events. I understand that Setanta met its EU regulatory obligations and under EU law is therefore entitled to trade across EU borders.

Following negotiations that were completed at European level in November, 2013, a new regime known as Solvency II will commence on 1 January 2016, which will further strengthen the EU regulatory framework. The Solvency II EU Directive sets out new, stronger EU-wide requirements on capital adequacy and risk management for insurers with the key aim of increasing policyholder protection.  The new regime will also ensure greater cooperation between supervisors.

The European Commission has also indicated that it will review  whether any issues raised relating to the regulatory framework require action.  My Department and the Central Bank will be reviewing the circumstances relating to Setanta and will be reporting to me on what lessons can be learnt and how the framework can be strengthened.

I propose to take Questions Nos. 80 and 101 together.

The Insurance Compensation Fund (ICF) levy being applied to home, motor and commercial insurance, and which came into effect from 1 January 2012, operates under the Insurance Act 1964.  Its purpose is to protect policy holders in the event of their insurer becoming insolvent.

Under Section 6 of the Insurance Act 1964 the responsibility for deciding whether the ICF has sufficient funds available to it at any particular time is a matter for the Central Bank of Ireland. Where, in the Central Bank's opinion, the state of the Fund is such that financial support should be provided for it, it determines an appropriate contribution to be paid to it by each insurer calculated as a percentage, not exceeding 2% of the aggregate of the gross premiums paid to that insurer in respect of policies issued in respect of risks in the State. The levy is already at the 2% maximum level provided for under the legislation.

Because the ICF is not pre-funded, there is a provision in the 1964 Insurance Act which allows the Minister for Finance to provide the necessary monies in the form of a repayable loan where there are insufficient funds available. 

The balance of the Insurance Compensation Fund as at the 25th April 2014 was €31,199,821.20. It is anticipated that the Insurance Compensation Fund will be adequately funded to meet all expected claims on the fund.

Under EU law which governs non-life insurance, an insurer is required to inform the regulator in its home Member State (its home regulator) that it intends to pursue business in another Member State. The home regulator must then provide the host regulator with a certificate attesting that the insurer covers the EU Solvency Capital Requirement, as well as the nature of the business which the insurer intends to undertake. The insurer may start to pursue business from the date that the certificate is communicated to the host regulator, in this case the Central Bank of Ireland. 

The table sets out the number of firms licensed to sell motor and general insurance in Ireland and the number that are regulated here for prudential purposes.  The number of insurance firms that are regulated here for conduct of business rules is 744.

As the Deputy will be aware, the USC was introduced from 1 January 2011 and replaced the Income and Health Levies.  The marginal rate for each of these levies was 6% and 5%, respectively, or 11% in total.  The marginal rate for the USC was 7%.  Taken in isolation, the introduction of the USC therefore, would have had the effect of reducing by 4 percentage points the top marginal tax rates for both PAYE and self-employed income earners paying at those rates.  At the same time, the PRSI ceiling for PAYE taxpayers, which then stood at €75,036, was abolished which had the result of increasing by 4 percentage points the top marginal tax rate for PAYE taxpayers.  So the two changes - the introduction of the USC and the abolition of the PRSI ceiling - taken together meant that the marginal tax rate for PAYE taxpayers remained unchanged.

In the case of the self-employed, there was no PRSI ceiling as the PRSI income ceiling for the self-employed had been abolished in Budget 2001.  Therefore, without further change, the introduction of the USC would have reduced the top marginal rate for these taxpayers by 4 percentage points and would have had the unintended effect of benefiting high earning self-employed income earners, resulting in some high earning self-employed income earners actually making a gain from Budget 2011 in comparison to all other taxpayers.   

To avoid the situation in which the top marginal rate for PAYE taxpayers remained unchanged while self-employed taxpayers benefited from a reduction of that rate by 4 percentage points, two further changes were made. A higher rate of USC of 10% was introduced for the self-employed in respect of income in excess of €100,000 and an additional 1 percentage point was added to the self-employed PRSI rate.  This restored the self-employed top marginal tax rate to 55%, (41% income tax, 7% USC, an additional 3% USC on income over €100,000 and 4% PRSI), which is where they were in 2010 and ensured that high earning self-employed income earners did not actually make a gain from Budget 2011 in comparison to all other taxpayers.

I should point out that the 10% rate of USC only applies to income over €100,000. Self-employed individuals with income of less than €100,000 and PAYE employees pay tax, USC and PRSI at the same marginal rate of 52%.

However, the Deputy is undoubtedly aware that the previous Government, when they introduced the Universal Social Charge, legislated for the cessation of the additional 3% self-employed rate as well as the removal of exemption from the 7% rate for those on medical cards who have an aggregate income below €60,000 from 1 January 2015.  

As these changes are provided for in the current legislation it follows that my officials would have factored this into the forecasts contained in the recent Stability Programme Update April 2014. However, any decisions regarding the extension of the relevant provisions will be taken in the context of my deliberations for Budget 2015. 

The conditions for the payment of interest on NAMA Subordinated Bonds are set out in the Subordinated Bonds Termsheet which is available on NAMA's website, www.nama.ie/about-us/how-we-fund-our-work/. Consistent with Section 49 of the NAMA Act, which governs NAMA's issuance of subordinated debt securities, the NAMA Board may declare interest payable on its subordinated debt if, at its discretion, the Board deems it appropriate to do so if NAMA is achieving is objectives.  Interest not declared in any year will not accumulate.

Under EU law which governs non-life insurance, an insurer is required to inform the regulator in its home Member State (its home regulator) that it intends to pursue business in another Member State. The home regulator must then provide the host regulator with a certificate attesting that the insurer covers the EU Solvency Capital Requirement, as well as the nature of the business which the insurer intends to undertake. The insurer may start to pursue business from the date that the certificate is communicated to the host regulator, in this case the Central Bank of Ireland. Setanta Insurance Company Limited ("Setanta") is a Maltese incorporated company which was both authorised and prudentially supervised by the Malta Financial Services Authority (MFSA). While its financial position is not supervised by the Central Bank of Ireland as the Central Bank has no role in that regard, the firm is supervised by the Central Bank for conduct of business rules, i.e. consumer protection obligations.  Setanta has been trading in Ireland since 2007. I understand that the Central Bank has been in ongoing contact with the MFSA in relation to Setanta in recent times.

Setanta was regulated at EU regulatory level in accordance with a directive known as Solvency I which currently places requirements on the amount of regulatory capital European insurance companies must hold against unforeseen events. I understand that Setanta met its EU regulatory obligations and under EU law is therefore entitled to trade across EU borders. 

Following negotiations that were completed at European level in November, 2013, a new regime known as Solvency II will commence on 1 January 2016, which will further strengthen the EU regulatory framework. The Solvency II EU Directive sets out new, stronger EU-wide requirements on capital adequacy and risk management for insurers with the key aim of increasing policyholder protection.  The new regime will also ensure greater cooperation between supervisors. 

On 16 April, 2014, Setanta Insurance Company Ltd ("Setanta") determined that the company was insolvent. This means that Setanta does not have sufficient funds to be able to honour its full obligations towards claimants, policyholders and other creditors. It is expected that Setanta will be formally placed into liquidation by the Malta Financial Services Authority in the coming days.   Policyholders can expect to be given two months cancellation notification (in accordance with the Central Bank of Ireland's Consumer Protection Code 2012) during which period cover will remain in force.  While policies will remain valid until the required notice period has been served, it is important to be clear that the amounts due under any claims may not be fully recoverable in all circumstances. In this light, it is important to note that the Central Bank of Ireland has advised all Setanta policyholders to arrange for alternative cover without delay.

The Motor Insurance Bureau of Ireland ("MIBI") have indicated that they intend to accept all third party claims in connection to Setanta policies. MIBI is a non-profit-making organisation which was established by Agreement between the Government and those companies underwriting motor insurance in Ireland. The principal role of MIBI is to compensate innocent victims of accidents caused by uninsured and unidentified vehicles.

First party claims on personal insurance policies will be payable from the Insurance Compensation Fund (ICF) once Setanta is formally placed into liquidation.  Claimants will be eligible for 65% of the amount due or €825,000, whichever is the lesser. Under Section 3.6 of the Insurance Amendment Act 1964 (as amended) first party claims by a body corporate or unincorporated body are not covered by the ICF.

The refund of premiums for commercial and personal insurance policies is not covered by the ICF or MIBI. A portion of the premium refunds may, however, be available upon completion of the Setanta liquidation.

Until otherwise advised those customers which have been affected by the collapse should continue to contact to Setanta Insurance Services Limited at 0818 255 255 (if calling from outside Ireland +353 1 897 6300 or on support@setantainsurance.com.

As set out in the Stability Programme April 2014 Update, submitted to the European Commission yesterday, the output gap for 2013 is estimated at -1.3 per cent of GDP. A negative output gap indicates that the economy last year was operating below its potential.  An output gap of -0.7 per cent is estimated for this year, on the basis of my Department's forecast for real GDP growth of 2.1 per cent.  

These estimates are based on the revised methodology for estimating potential output recently endorsed at EU level.  Given the openness of the Irish economy, however, there are major health warnings attached to estimates of the output gap for Ireland.

The output gap serves as a key input to estimating the structural budgetary position, that is the budget balance that would prevail in the absence of the economic cycle.  In line with the fiscal rules, Ireland must return to a balanced budgetary position in structural terms by 2018.

The SPU set out projected tax revenues to 2018 consistent with this objective.  Necessary revisions if any to spending plans or taxation policy required to meet this objective will be based on the most up-to-date economic and fiscal data available on Budget day each year.

Relative to other countries in the EU, Ireland has a high energy dependency rate, that is, it is highly dependent on imports to meet domestic energy demands. Eurostat figures show that Ireland's energy dependency rate stood at 85 per cent in 2012, the fourth highest in the EU and over 30 percentage points higher than the EU average of 53 per cent. This dependency leaves Ireland vulnerable to energy price shocks in relative terms. An increase in energy prices above the baseline assumption would, inter alia, reduce household discretionary income by pushing up domestic energy prices. It would also lead to a deterioration in the terms of trade (the ratio of export prices to import prices) which would have a negative impact on Ireland's international competitiveness.

If oil prices were to rise significantly higher than the Department's baseline assumption this would also negatively impact on growth in our main trading partners and would therefore lead to a fall in demand for Irish exports internationally. In this regard the Sensitivity Analysis chapter in the recently published Ireland's Stability Programme April 2014 Update (tinyurl.com/spu14), may prove informative. As part of this analysis a quantitative estimate of the impact of a 1 per cent variation in world output on Irish output was prepared (this can be found on page 26). The analysis suggests that such a shock would decrease Irish GDP by around 1 per cent by 2018, due to the openness of the Irish economy. It should be remembered that, at the margin, these estimates are broadly symmetrical so any unanticipated decline in energy prices would be likely to result in a net positive impact for the Irish economy.

While there is little Ireland can do in the short term to counter the impact of an increase in the price of oil,  the Department of  Communications, Energy and Natural Resources has set out ambitious targets to 2020 for increasing the contribution of renewable sources of energy which are aimed at optimising energy efficiency in Ireland.

Credit Unions have an important role to play in providing credit in local communities around the country. 

Section 35(2) of the Credit Union Act, 1997 permits a credit union to have up to 30% of its loan book outstanding for more than 5 years and up to 10% of its loan book outstanding for more than 10 years. 

Based on the most recent information provided by credit unions to the Central Bank in the December 2013 quarterly prudential returns, average lending over 5 years as a percentage of gross loans was some 11%, while average lending over 10 years as a percentage of gross loans was about 2%. These figures indicate that, in general, credit unions are currently well within the limits as set down in the 1997 Act.

On foot of recommendations from the Commission on Credit Unions, section 11 of the Credit Union and Co-operation with Overseas Regulators Act 2012 substantially amends section 35 of the 1997 Act. These amendments provide for new Central Bank regulations to deal with a range of lending issues including:

- the classes of lending that a credit union may engage in, for example business lending;

- the duration of loans;

- large exposures; and

- concentration limits.

Section 11 will be commenced in tandem with the new Central Bank regulations, which are to be introduced as part of the tiered regulatory approach recommended by the Commission.  This tiered approach will address a range of areas including lending, investments, savings, borrowings, additional services, reserves and liquidity.  

The Central Bank has issued a consultation paper on the tiered regulatory approach in order to provide an opportunity for stakeholders to set out their views across a range of issues, including how credit unions might engage in business lending in the future.  The Central Bank is currently considering the submissions received and is planning further consultation and a regulatory impact assessment.

I have been informed by AIB that the matter referred to has been the subject of investigation and correspondence over an extended period in which the Bank's position has been clearly set out to the customer concerned. However, for confidentiality reasons AIB is not in a position to discuss details of the individual customer circumstances.

Regarding DIRT, the Revenue Commissioners are not in a position to advise me based on the information supplied but if the Deputy could supply further details I will ask them to reply directly to you.

I understand that comprehensive analysis of the options to support the provision of affordable and accessible childcare was undertaken in 2005. 

Having considered the options available, the then Government introduced the early childcare supplement, providing a direct payment to all families with young children. In addition, certain other incentives were introduced in order to encourage an increase in the supply of childcare places.  

At that time, tax relief for childcare costs was considered but not introduced, as it would only have been of benefit to those in the tax net and would most likely have been absorbed by childcare providers in the form of higher prices. Analysis showed that a standard rated childcare costs allowance of €4,000 per annum would cost the Exchequer €64 million per annum and would have resulted in a reduced liability to income tax of only €15 per week for those availing of it. 

The Deputy will be aware that the early childcare supplement has since been abolished as the measure was very costly, poorly targeted and possibly led to increased charges. In its stead, the Early Childhood Care and Education (ECCE) programme, which provides for a free pre-school year for children in the year before commencing primary school, was introduced. 

In my view the concerns raised in the 2005 analysis regarding tax relief for childcare costs are still valid. This is particularly the case considering the major changes in the economy that have occurred in the intervening period. Furthermore, I would have concerns about basing any analysis of the cost of making childcare tax deductible on data provided in reports that were compiled nine years ago. 

Notwithstanding the absence of tax relief for childcare costs, the Government acknowledges the continuing cost pressures on parents, particularly those with young children.  For this reason a number of support measures are available.

These include the Community Childcare Subvention (CCS) programme, which funds community childcare services to enable them to charge reduced childcare fees to qualifying parents, the Childcare Education and Training Support (CETS) programme which provides free childcare places to qualifying FÁS and VEC trainees and the ECCE programme as mentioned above. Generous entitlements to paid and unpaid maternity leave as well as child benefit payments are also provided.

The Department of Social Protection provides financial support to families on low pay by way of the Family Income Supplement (FIS) and to one-parent families through the one-parent family payment.

In addition, a Single Person Child Carer tax credit of €1650 is provided as well as an additional standard rate band of €4,000. This credit and band is payable to any single person with a child under 18 years of age or over 18 years of age if in full time education or permanently incapacitated. The primary claimant may relinquish this credit and increase in the rate band to a secondary claimant with whom the child resides for not less than 100 days in the year.   To claim the Single Person Child Carer Credit a claimant must not be married, in a civil partnership or cohabiting.

The Universal Social Charge (USC) was introduced in Budget 2011 to replace the Income Levy and Health Levy. It was a necessary measure to widen the tax base, remove poverty traps and raise revenue to reduce the budget deficit.  It is a more sustainable charge than those it replaced and is applied at a low rate on a wide base with very few exemptions.

In Budget 2012 I announced that those earning less than €10,036 would no longer be subject to the Universal Social Charge. This in itself has removed almost 330,000 individuals from the charge and is of particular benefit to the low paid.

As the Deputy will appreciate, I receive numerous requests for the introduction of new tax reliefs and the extension of existing ones. As the Deputy will also appreciate, I must be mindful of the public finances and the many demands on the Exchequer given the current budgetary constraints. Tax reliefs, no matter how worthwhile in themselves, reduce the tax base and make general reform of the tax system that much more difficult.

I propose to take Questions Nos. 90 and 120 together.

Firstly, I must confirm to the Deputy that the lending institutions in Ireland -  including those in which the State has a significant shareholding - are independent commercial entities. I have no statutory role in relation to regulated financial institutions passing on the European Central Bank interest rate change or to the mortgage interest rates charged.  It is a commercial matter for each institution concerned.  It is not appropriate for me, as Minister for Finance, to comment on or become involved in the detailed mortgage position of mortgage holders.

The Central Bank has responsibility for the regulation and supervision of financial institutions in terms of consumer protection and prudential requirements and for ensuring ongoing compliance with applicable statutory obligations.  The Central Bank has no statutory role in the setting of interest rates by financial institutions, apart from the interest rate cap imposed on the credit union sector in accordance with the provisions of the Credit Union Act, 1997. The mortgage interest rates that financial institutions operating in Ireland charge to customers are determined as a result of a commercial decision by the institutions concerned.  This interest rate is determined taking into account a broad range of factors, including European Central Bank base rates, deposit rates, market funding costs, the competitive environment and an institution's overall funding. However, as part of the Central Bank's work on mortgage arrears, lenders were asked to consider all avenues to help customers in arrears, including interest rate reductions.

In relation to flat rate expenses, the position is that tax law provides that employees and office holders may claim a tax deduction in respect of:

(a) the cost of travelling expenses necessarily incurred in the performance of the duties of their employment or office; and

(b) the cost of other expenses incurred wholly, exclusively and necessarily in the performance of the duties of their employment or office.

As regards an expenses claim under (b) above, I understand from the Revenue Commissioners that, in strictness, each employee or office holder should submit his or her individual expenses claim to Revenue.  However, by way of long standing practice stretching back over 40 years, the expenses deduction due for certain categories of employee are, for administrative ease, agreed between Revenue and the relevant representative bodies. These agreed rates of expenses are granted to individuals in their determination of tax credits for PAYE purposes and have become known as "flat rate expenses".

Therefore, some employees obtain their statutory tax deduction in respect of expenses via the administrative "flat rate expenses" regime whilst others may obtain their tax deduction on foot of an individual claim submitted to the Revenue Commissioners in accordance with the relevant tax legislation.  In order to apply for the flat rate expenses regime, the relevant representative body should contact the Revenue Commissioners.

I am informed by the Revenue Commissioners that full exemption from capital gains tax applies to the sale of an individual's only or main residence where the property has been occupied as such throughout the individual's entire period of ownership. Full exemption is also applicable where the property has been occupied as the individual's only or main residence throughout the entire period of ownership apart from the last twelve month period of ownership, even if the property is let during that twelve month period.

I propose to take Questions Nos. 93 and 96 together.

As the Deputy will be aware under the Relationship Framework the State does not intervene in the day to day operations of the banks or their management decisions regarding commercial matters. Bank fees and charges are commercial matters for the banks and are subject to regulation under Section 149 of the Consumer Credit Act 1995, as amended. Section 149 came into effect in 1996 and currently requires that credit institutions, prescribed credit institutions and bureaux de change operations must make an application to the Central Bank if they wish to introduce a new customer charge or increase any existing customer charge in respect of certain services. Section 149 does not apply to interest rates; it applies to fees, charges  and commissions only.

My Department recently published a review of the regulation of bank fees and charges which is available on the website www.finance.gov.ie. The review concluded that it would not be appropriate to repeal Section 149 at this time. The lack of competition in the banking sector means that the repeal of section 149 would give unfettered price setting power to the incumbent banks.  The report recommends that this issue should be revisited when competition in the banking sector has improved significantly.

I propose to take Questions Nos. 94, 95 and 97 together.

I, as Minister for Finance, have no role in the regulation of bank charges.  As the Deputy is aware, bank fees, charges  and commissions are subject to regulation under Section 149 of the Consumer Credit Act 1995, as amended. Section 149 came into effect in 1996.  Section 149 does not apply to interest rates; it applies to fees, charges and commissions only. Section 149 requires that credit institutions, prescribed credit institutions and bureaux de change must make a submission to the Central Bank if they wish to introduce any new customer charges or increase any existing customer charges in respect of certain services, such as:

- making and receiving payments,

- providing and granting credit, and

- maintaining and administrating transaction accounts

- providing foreign exchange.

The Central Bank may direct the institution not to impose the new or increased charge or it may approve the charge, or approve it at a lower level than requested by the institution. The Central Bank may exempt a credit institution from the obligation to make a notification for charges that are legitimately individually negotiated between the institution and the customer. Letters of Exemption are granted by the Central Bank, where certain requirements are met, which outline the qualifying conditions.

My Department recently published a review of the regulation of bank fees and charges which is available on the website www.finance.gov.ie. The review concluded that it would not be appropriate to repeal Section 149 at this time. The lack of competition in the banking sector means that the repeal of section 149 would give unfettered price setting power to the incumbent banks.  The report recommends that this issue should be revisited when competition in the banking sector has improved significantly.  It is my view that the current regulatory regime offers appropriate protection to consumers against unjustified increases in bank fees and commissions.

More generally, banks have adopted and implemented a variety of corporate social responsibility strategies and policies, which can include interaction withn community, sporting and charitable causes.  However, I am not aware of individual banks' arrangements or policies in this area. It is advisable that all consumers shop around for banking products that best meet their needs. A Financial Product Comparison tool is available on the National Consumer Agency's website, www.nca.ie, which consumers may consult to compare current fees imposed by credit institutions for various financial services products. Individuals may also consult information leaflets available in bank branches.

All banks providing current accounts in Ireland are subject to the Central Bank's Current Account Switching Code, which is designed to make the process of switching current accounts easier and quicker and to offer protection and support for consumers when switching bank account. The Switching Code places obligations and time limits on both the old and the new bank when completing the switching process. Where accounts include credit facilities, such credit facilities will be subject to the credit assessment process applicable at the receiving bank.

I have been advised by the Revenue Commissioners that USC is payable on gross income as follows:

- On the first €10,036 @ 2%,

- On the next €5,980 @ 4%,

- On the balance @ 7%.

Where an individual is aged 70 years or over and their aggregate income for the year is €60,000 or less a reduced rate applies.  This reduced rate limits the charge to 4% on all income over the first €10,036. I have been advised by the Revenue Commissioners that a tax credit certificate issued to the person concerned on 28 January 2014. Based on that certificate and the details supplied by the Deputy, the person concerned is paying the correct amount of USC. I have further been advised by the Revenue Commissioners that the Pension Levy deduction referred to in the details supplied by the Deputy is not a tax deduction.  This may be a  levy imposed by the relevant occupational Pension Scheme of which the taxpayer is a beneficiary.

Under EU law which governs non-life insurance, an insurer is required to inform the regulator in its home Member State (its home regulator) that it intends to pursue business in another Member State. The home regulator must then provide the host regulator with a certificate attesting that the insurer covers the EU Solvency Capital Requirement, as well as the nature of the business which the insurer intends to undertake. The insurer may start to pursue business from the date that the certificate is communicated to the host regulator, in this case the Central Bank of Ireland.

  Setanta Insurance Company Limited ("Setanta") is a Maltese incorporated company which was both authorised and prudentially supervised by the Malta Financial Services Authority (MFSA). While its financial position is not supervised by the Central Bank of Ireland as the Central Bank has no role in that regard, the firm is supervised by the Central Bank for conduct of business rules, i.e. consumer protection obligations.  I understand that the Central Bank has been in ongoing contact with the MFSA in relation to Setanta in recent times.

On Wednesday 16 April, 2014, Setanta Insurance Company Ltd ("Setanta") determined that the company was insolvent. This means that Setanta does not have sufficient funds to be able to honour its full obligations towards claimants, policyholders and other creditors. It is expected that Setanta will be formally placed into liquidation by the Malta Financial Services Authority in the coming days.  Policyholders can expect to be given two months cancellation notification (in accordance with the Central Bank of Ireland's Consumer Protection Code 2012) during which period cover will remain in force.  While policies will remain valid until the required notice period has been served, it is important to be clear that the amounts due under any claims may not be fully recoverable in all circumstances. In this light, it is important to note that the Central Bank of Ireland has advised all Setanta policyholders to arrange for alternative cover without delay.

The Central Bank is in ongoing contact with the Malta Financial Services Authority in relation to Setanta Insurance Company Limited, the impact on policyholders and the provision for relevant and appropriate information, particularly in relation to claims. The Central Bank is also engaging with the brokers who sold the policies to ensure they assist policyholders and keep them informed.

The provision of motor insurance cover is a commercial matter for insurance companies, which is based on a proper assessment of the risks they are accepting and the making of adequate provisioning to meet these risks. In my role as the Minister for Finance I have responsibility for the development of the legal framework governing financial regulation.

I am infromed that Insurance Ireland made arrangements for their member insurance companies to be open over the Easter period to assist Setanta policyholders in arranging cover.  In addition, the Insurance Ireland 'Declined Cases Agreement' was available to policyholders of Setanta.  The current Declined Cases Agreement was drawn up in 1981 and is adhered to by all motor insurers in Ireland. I am informed that under the agreement, the insurance market will not refuse to provide insurance to an individual seeking insurance, if he/she has approached at least three insurers and has not been able to obtain cover from them.  I understand that Insurance Ireland is also making information available to those who have queries, complaints or difficulties in relation to this matter through their service at (01) 676 1914 or by email at info@insuranceireland.eu. The Central Bank has written to all brokers to instruct them to write to all policyholders that hold a current Setanta motor insurance policy and inform them of the urgency of making alternative motor insurance arrangements.

Setanta Insurance Company Limited (Setanta) is a Maltese incorporated company subject to prudential supervision in Malta by the Malta Financial Services Authority (MFSA). Its financial position is not supervised by the Central Bank of Ireland and the Central Bank has no role in that regard. The Central Bank have informed me that they have been in discussions with the MFSA in relation to Setanta since November 2013 when the Central Bank identified issues during a consumer protection themed inspection. The Central Bank have also informed me that there was regular contact in the following months which led to the announcement in January, 2014 that the firm would cease writing new business and issuing further renewals.

The Central Bank wrote on the 21st January 2014 to advise my Department of their concerns with Setanta's solvency margin and I was subsequently informed of this.  A widely reported press release was issued by Setanta Insurance on January 27th 2014 which stated that the insurer had resolved to cease carrying on the business of insurance, including the renewal of existing business, with effect from close of business of 24 January 2014. Setanta then appointed Heritage Insurance Management (Malta) Limited to undertake the run-off process and the insurer advised the MFSA accordingly.

Contact continued between the Central Bank and the MFSA and, on 11 April 2014, the MFSA advised the Central Bank that the directors of Setanta were considering the potential liquidation of the company.  There was ongoing contact on the following days.  Setanta announced that the shareholders had recommended the appointment of a liquidator on 16 April 2014 subject to approval of the MFSA.  On April 16th I was advised that the shareholders of Setanta had resolved to wind up the company and a liquidator had been provisionally appointed.

Revenue has confirmed to me that the person's records were correctly amended on the LPT Register in November 2013 on foot of the Deputy's previous Question. Revenue also confirmed to me that a member of the LPT team has made telephone contact with the person and assured her that her details are correctly recorded and that her affairs are fully in order. The person requested Revenue to confirm to her in writing that her affairs are fully in order and a letter in this regard has now issued to her.

The following arrangements currently apply to retirement lump sums paid under pension arrangements approved by the Revenue Commissioners, and also to retirement lump sums paid from public service occupational pension schemes.

- Lump sum amounts up to €200,000 are paid free of tax. They are also paid free of USC.

- The portion of a lump sum between €200,001 and 25% of the Standard Fund Threshold (currently €500,000) is taxed on a ring-fenced basis at the standard rate (currently 20%). This means that no tax credits or other tax reliefs can be set against this portion of the lump sum. No USC is chargeable.

- Any amount of a lump sum in excess of €500,000 is taxed at the individual's marginal rate of tax (credits and other tax reliefs are available). In this instance, USC is chargeable on the excess.

I would also point out that the €200,000 tax-free amount is a lifetime limit and applies to a single lump sum or, where an individual is in receipt of lump sums from more than one pension product, to the aggregate of those lump sums. In addition, retirement lump sums taken on or after 7 December 2005 and before 1 January 2011 (the date the current regime was introduced) must be taken into account in determining the tax-free amount (if any) and the portion taxable at the standard rate (if any) appropriate to a retirement lump sum paid on or after 1 January 2011.

The Central Bank of Ireland is independent in the exercise of its functions and the management of its investment holdings are a matter for the bank themselves; neither I nor the Department of Finance have any role in the matter.  I have been advised by the Central Bank that the portfolio of Government bonds now held by the Central Bank following the liquidation of IBRC will be sold in accordance with the schedule listed below, taking conditions of financial stability into account.

The Central Bank has undertaken that a minimum amount of bonds will be sold in accordance with the following schedule: to end 2014 (€0.5bn), 2015-2018 (€0.5bn p.a.), 2019-2023 (€1bn p.a.), 2024 and after (€2bn p.a.).  The Central Bank normally reports in detail on its balance sheet only at annual intervals although it also publishes a more aggregate balance sheet on a monthly basis.  While the latter does not contain details of its investment holdings, it is my understanding that, in its Annual Report for 2013, the Central Bank will report on any progress towards the €0.5 billion minimum sales by end-2014.

I propose to take Questions Nos. 107 and 108 together.

The Form 54 Claims form is a general issue tax return form that incorporates the Form 54D Claim for Repayment of Deposit Interest Retention Tax. As part of their customer service, the Revenue Commissioners issue the claims form 54 to persons who are on Revenue's records as having submitted such a form previously.

I am advised by the Revenue Commissioners that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply.  The reduced VAT rate of 13.5% applies to the supply of home heating oil, and gas and electricity in Ireland.  The majority of EU Member States apply a much higher VAT rate to the supply of home heating oil as EU VAT law provides that the standard VAT rate should apply to these services.  However, as part of a derogation to EU VAT law, Ireland is entitled to retain a reduced rate to the supply of home heating oil on the basis that we applied a reduced rate to the supply of domestic fuels on 1 January 1991.  However, under this derogation the VAT rate may not be reduced below 12%.  While it is possible, therefore, to reduce the VAT rate on home heating oil to 12%, under EU VAT law this would have to apply to all activity currently applying at the 13.5% rate and as a result would be very costly to the Exchequer.

With regard to excise rates on home heating oil the rates currently applicable for diesel and kerosene used for home heating are €102.28 per 1,000 litres and €50.73 per 1,000 litres, respectively. 

Ireland, as with other countries, has experienced an increase in fuel prices. This increase is an international phenomenon. Fuel prices are driven by a number of factors including the price of oil on international markets, exchange rates, production costs and refining costs. The rise in oil prices over recent periods reflected additional factors such as geopolitical uncertainty in Northern Africa and the Middle East with potential supply disruptions. The Exchequer yield from excise, as excise is set at a nominal amount, does not increase as the price of fuels increase.  I have no plans, therefore, to reduce the rates of VAT or excise duty on home heating oil.

The USC was introduced in Budget 2011 to replace the Income Levy and Health Levy. It was a necessary measure to widen the tax base, remove poverty traps and raise revenue to reduce the budget deficit. It is a more sustainable charge than those it replaced.  It is applied at a low rate on a wide base. 

The USC, like the Income Levy before it, does not apply to social welfare payments or payments of a similar nature.  However, all occupational pensions are liable to the USC, if the payment is greater than the exemption limit, which from 1 January 2012 is €10,036 per annum. This is true of both pre and post 1995 public service and all private sector occupational pensions. However, in practice, post 1995 public service occupational pensions comprise of the relevant social protection pension rate and a top up occupational pension amount where applicable.

The Deputy may be aware that delivering on a commitment in the Programme for Government, the USC was reviewed by my Department in the lead up to Budget 2012. The report is available at www.finance.gov.ie. The issue of USC applying to occupational pensions of retired public servants who entered the public service before April 1995 was examined.  However, the Government decided not to exempt the occupational pensions of these individuals from the USC charge as it would be very costly and difficult to achieve, as it would involve all income earners with the equivalent income benefiting from the exemption.  In addition, it would also undermine the principle of the USC being applied to income with few exemptions. However, as a result of the review of the USC, the Government decided in Budget 2012 to increase the entry point to the Universal Social Charge from €4,004 to €10,036 per annum. It is estimated that this removed almost 330,000 individuals from the charge, some of whom may be retired public servants who entered the public service before April 1995. 

As you will appreciate, as Minister for Finance, I receive numerous requests for exemptions from taxation. You will also appreciate that I must be mindful of the public finances and the many demands on the Exchequer given the significant current budgetary constraints. Tax exemptions, no matter how worthwhile in themselves, reduce the tax base and make general reform of the tax system that much more difficult.

Finance Act 2003 introduced a 4 year time limit as regards claims for repayment of tax made on or after 1 January 2005.  In addition, the right of the Revenue Commissioners to raise assessments was also reduced to a four-year period except where, for example, a taxable source of income was not declared.  The scheme of 4 year time limits is designed to achieve the necessary balance between establishing a fair and uniform system for taxpayers, while at the same time, providing the necessary protection for the Exchequer from exposure to claims going back many years.  As the 4 year time limit is set out in statute, the Revenue Commissioners have no discretion in the matter.

As the Deputy will be aware, the Revenue Commissioners have incrementally published data in relation to Local Property Tax and the most recent data published by them shows that about 0.2% of residential properties nationally have been valued for Local Property Tax (LPT) purposes in excess of €1m on a self assessment basis, which equates to approximately 3,500 properties.

I am advised by the Commissioners that they will publish further data over time. One of the factors to be considered in preparing and publishing granular data relating to any tax, and this is relevant to the Deputy's question, is Revenue's obligations under section 851A Taxes Consolidation Act 1997 regarding the confidentiality of taxpayers' information. Publishing certain LPT data on a county or local authority basis presents a risk that the  identity of individual property owners could be inferred. Revenue will consider in due course whether there are ways to mitigate this risk with a view, as they have done up to now, to putting as much information as possible into the public domain. In the meantime, I am informed that compliance data in relation to the LPT is available broken down by city and county councils nationally and the most up to date figures were published in April 2014 on the Commissioners website at: http://www.revenue.ie/en/tax/lpt/lpt-stats-0414.pdf.

I am advised by the Revenue Commissioners that the number of betting offices in the State licensed in each of the last five licensing years is - 1263 in 2009; 1240 in 2010; 1175 in 2011; 1101 in 2012; 1017 in 2013. I am further advised that the licensing year runs from the 1st December to the 30th November.

A UK pension that is similar to a social welfare pension in this State is not liable to USC.  Other than such pensions, however, Irish resident individuals are liable to pay tax, including universal social charge, (USC) on income arising from Irish and foreign sources. In general, therefore, where an Irish resident citizen is in receipt of a pension (other than a social welfare type pension) from the UK, he/she is liable to pay income tax and USC on that income in Ireland.  The individual is required to comply with the standard self-assessing requirements including the obligation to file a tax return and pay the tax due.

However, the UK and Ireland have a convention in place to eliminate double taxation on income arising in one State where the individual is resident in the other State.  Irish tax, under the terms of the convention, includes income tax and USC. If the individual has paid UK tax on the income, a credit is allowed in computing the Irish income tax and USC liabilities to ensure that the income is not subject to double taxation.

I have been advised by the Revenue Commissioners that the person concerned contacted Revenue in March 2011 to claim the one parent family tax credit for 2010.  The claim was processed and a PAYE Balancing Statement (P21) for 2010 issued dated 9 March 2011. The balancing statement included the one parent family tax credit and as a result, the person concerned was entitled to a refund of the full income tax paid for 2011. A refund of the full amount was issued to the bank account of the person concerned on 14 March 2011. A copy of the 2010 PAYE Balancing Statement (P21) will be issued shortly by the Revenue Commissioners to the person concerned.  

The Revenue Commissioners have no record of a claim for one parent family credit from the person concerned for the years 2011, 2012 or 2013.  If he is eligible to claim the tax credit for these years he may do so via PAYE Anytime or by completing Form OP1 and submitting the completed forms to Ms Geraldine Morrissey, Kildare Revenue District, Athy Business Campus, Castlecomer Road, Athy, Co Kildare.

With effect from 1 January 2014, the one parent family tax credit is replaced by the Single Person Child Credit.  This credit is given where a person has a qualifying child resident with him/her for the whole or greater part of the year of assessment.  The credit is granted in the first instance to the primary claimant, i.e. the parent with whom the child resides for the whole or the greater part of the year, and a primary claimant may relinquish his/her claim to a secondary claimant, subject to the secondary claimant fulfilling certain specific conditions. Full details on this new tax credit, with application forms, SPCC1/SPCC2, are available on the Revenue website www.revenue.ie.

Mortgage Indemnity Insurance, also known as Mortgage Indemnity Guarantee, acts as a form of additional security for the mortgage lender in the event of default by the mortgage holder. While either the lender or borrower can be responsible for paying the premia, it is the lender alone who will receive the proceeds of any claim. The borrower will still retain the legal responsibility to pay the mortgage shortfall, where such arises, whether mortgage indemnity insurance is in place or not. It is a commercial matter for lenders to decide whether or not to avail of such insurance. I have asked the state supported banks for information on this and I will send this information to the Deputy as soon as it is to hand.

Officials from my Department have held preliminary discussions with the relevant local authorities to identify the areas of the six cities, Cork, Dublin, Galway, Kilkenny, Limerick and Waterford, which might fall within the scope of the scheme. Each of the local authorities have now submitted proposals on the areas which they believe should be included. Further discussions will be held in due course.

An application for EU State Aid approval was submitted on 27th March and we look forward to hearing from the European Commission. The Initiative cannot be implemented until EU State Aid approval has been received. Similarly, I will not be announcing the areas to be designated until this approval has been received and the initiative is to be commenced.  It is important to note that I do not see this as a wide-spread initiative, as it is targeted at those areas which are most in need of attention.

As the Deputy will appreciate, mortgage lending decisions must be undertaken on a sustainable and prudential basis by financial institutions and must conform fully with the regulatory requirements, both in relation to the financial institution itself, and in particular to the safeguarding of the borrower's interests. This includes ensuring that the affordability of the mortgage is assessed. I am not considering any specific initiatives which would favour first time buyers over other borrowers.  However as with all of these issues, these matters remain under review in the context of changing market dynamics and availability of Exchequer resources.

The Local Government (Household Charge) Act 2011 governs the administration of the 2012 Household Charge and provides for certain exemptions and waivers from the charge. The Deputy may be aware that the Household Charge legislation does not provide for an exemption on the basis of significant pyrite damage. In my reply to Questions 103 (31775/13) and 112 (31776/13) on 2 July 2013, I informed the House that Section 10A of the Finance (Local Property Tax) Act 2012 (as amended) provides that an exemption from the charge to Local Property Tax (LPT) will apply for a temporary period of at least three consecutive years for residential properties that have been certified under Regulations made by the Minister for the Environment, Community and Local Government (Finance (Local Property Tax) (Pyrite Exemption) Regulations 2013) as having "significant pyritic damage". I also informed the House that detailed information and examples on how the exemption for residential properties with significant pyrite damage operates were provided by the Department of Environment, Community and Local Government, on their website www.environ.ie.

While the pyrite exemption did not apply to the Household Charge I am informed by Revenue that where a property qualifies for the pyrite exemption for LPT for 2013 and/or 2014 the €200 LPT (Household Charge) charge will be treated as coming within the scope of the exemption from LPT. If a person received a letter about the arrear and qualified for the pyrite exemption he or she should contact the LPT helpline at 1890 200 255.

I am advised by the Revenue Commissioners that Section 92 of the Finance Act 1989 and the Disabled Drivers and Disabled Passengers (Tax concessions) Regulations, 1994 (S.I. 353 of 1994) provide for relief from the payment of Excise Duty on specified quantities of fuel used for transporting persons registered under the scheme. On 18 March 2014, the person (details supplied) submitted an application for refund of excise duty on fuel used for the two years ending February 2013 and February 2014. A kilometre verification form completed by An Garda Síochána accompanied this application. This verified a kilometre reading of 51,208 on the person's vehicle. A refund of excise duty was calculated by subtracting the February 2012 reading of 31,800 kilometres from the February 2014 reading of 51,208 kilometres and allowing a consumption rate of 9 kilometres per litre. This would amount to an annual usage of 1,078 litres and an annual refund of €636.  A refund of €1,272 (€636 for each year) issued to the person on 25 March 2014.

It is noted that actual receipts for the fuel used are now available but these have not yet been submitted to the Central Repayments Office, Monaghan. When these are submitted, a final review of the 2 years in question will be carried out and any further refund due will be made.

I propose to take Questions Nos. 123 and 124 together.

I am advised by the Revenue Commissioners that temporary exemption from the payment of Vehicle Registration Tax (VRT) is provided for under S. 135 of the Finance Act 1992, as amended. Subject to certain conditions, restrictions and limitations, a qualifying vehicle, i.e. a vehicle which is validly registered outside the State, may be granted temporary exemption from the requirement to be registered in the State.  On receipt and examination of the required documentation to process an application, an officer will make a determination on the application.  In the event of an application being refused, the officer outlines the grounds for refusal and the appeal process is clearly explained to the applicant.  Sections 145 and 146 of the Finance Act 2001 govern the appeal procedure and allow the applicant two months to lodge an appeal.  The vehicle registration tax due on the vehicle must be paid before the appeal can be processed. 

Following receipt of an application for temporary exemption from the person (details supplied), a designated Revenue official met the person on 23/05/2013. During this meeting the person was informed that the application was being refused as the official, having examined the supplied documentation, was not satisfied that the required criteria were met. The refusal letter issued to the person on 29/05/2013 and clearly stated that any appeal concerning the refusal to grant the temporary exemption must be made within two months of the date of refusal.  Documentation outlining the appeals procedure was also enclosed.  

On 31/01/2014, further documentation regarding the application was supplied to the designated official but was returned to the applicant. The reason for this was conveyed by letter dated 05/02/2014 which outlined that, as the period within which an appeal could be lodged had expired, Revenue would not consider any additional documentation in relation to the application.

When an application for exemption from VRT is lodged, it is the responsibility of the applicant to furnish the required proofs to meet the necessary criteria. If all of these proofs are not available at that time, the applicant will be given a period within which to produce these proofs.  However, if after the expiry of this period, these proofs are still not forthcoming, the application will be refused. The applicant has the opportunity to lodge an appeal and present the proofs, should they become available, to the Appeals Officer. Where the appeal process has not been availed of, there is no provision for Revenue to continue processing an application.

Where an applicant is deemed ineligible for any of the legal exemptions from VRT in respect of vehicles registered in another Member State, or, if a person brings in a non-State registered vehicle into the State which is not exempt from payment of VRT, that person is legally obliged to register the vehicle and pay the appropriate tax in order to use it in this jurisdiction.  Failure to do so within the prescribed period (30 days) constitutes an offence under Section 139 of the Finance Act 1992.

I am advised by Revenue that Section 156 of the Finance (Local Property Tax) Act 2012 converted any arrears of Household Charge (HHC) that was still outstanding on 1 July 2013 to a Local Property Tax (LPT) liability of €200 per property and made Revenue responsible for collecting the tax. On assuming responsibility for the collection of HHC, Revenue received the Register from the Local Government Management Agency (LGMA) and cross-referenced it with the LPT Register to identify a database of properties for which the Household Charge is still outstanding. As part of its communications strategy, Revenue clearly stated that the database would not be 100% accurate for a number of reasons, for example because the LGMA Register captured the name of the person who physically paid the charge rather than the property owner (e.g. child paying on behalf of a parent) and did not capture details of exemptions in every case.

In regard to the specific case to which the Deputy refers, I am advised that the person in question filed a Local Property Tax Return in respect of 2013 stating that the liable person was the 'County Council'. However, the person also included his own PPSN on the Return, which was subsequently data captured by the IT system. This incorrect information linked the person rather than the Local Authority to the property as the liable person, which in turn resulted in him receiving a reminder letter in respect of arrears of HHC. Revenue has confirmed to me that the person has now been removed from the LPT Register as the liable owner and has been replaced by the Local Authority. Revenue has assured me that the person will not receive any further correspondence in regard to either LPT or HHC and does not need to make any further contact in regard to the issue.

I am advised by Revenue that Section 156 of the Finance (Local Property Tax) Act 2012 converted any arrears of Household Charge (HHC) that was still outstanding on 1 July 2013 to a Local Property Tax (LPT) liability of €200 per property and made Revenue responsible for collecting the tax. On assuming responsibility for the collection of HHC, Revenue received the Register from the Local Government Management Agency (LGMA) and cross-referenced it with the LPT Register to identify a database of properties for which the Household Charge is still outstanding. As part of its communications strategy, Revenue clearly stated that the database would not be 100% accurate for a number of reasons, for example because the LGMA Register captured the name of the person who physically paid the charge rather than the property owner (e.g. child paying on behalf of a parent) and did not capture details of exemptions in every case.

 I am further advised that during the building of the LPT Register, Revenue collaborated with all Local Authorities and Social Housing Bodies to confirm details of their individual property portfolios. This was done to ensure tenants were correctly excluded from the Register thereby ensuring against unnecessary correspondence issuing. However, given the scale of the project it was inevitable that some data matching errors would occur in spite of Revenue's best efforts. For that reason Revenue very clearly stated throughout its LPT/HHC communications strategy that tenants who incorrectly received notifications should immediately make contact with the LPT Helpline to have the record amended. Where tenants failed to make contact or provide sufficient information during the contact, then the Register continued to hold inaccurate information, which could result in arrears notices issuing.

As part of the HHC compliance campaign, Revenue built new functionality to its online system to facilitate people in confirming their HHC status in a very user friendly and intuitive manner. The new system is accessible via the Property ID and PIN codes that issued on the arrears notices. The system allows users to make a HHC payment, confirm payment has already been made, or confirm that an exemption in respect of HHC exists. Revenue also added significant extra resources to its Helpline to ensure people have access to service on a timely basis. The online system is available twenty four hours a day while the Helpline is currently offering an 8am to 8pm service.

Finally, it is essential that tenants who receive notifications in respect of either LPT or HHC liabilities immediately contact Revenue to clarify their status. Where contact is not made it is inevitable that such cases will be listed for compliance activity, which causes unnecessary stress to the persons in question.

The VAT rating of goods and services is constrained by the requirements of EU VAT law with which Irish VAT law must comply. Defibrillators, other than implantable defibrillators, are liable to VAT at the standard rate of 23%. Parts or accessories and training are also liable to VAT at the standard rate.

There is no provision in the EU VAT Directive that would make it possible to exempt from VAT the supply of defibrillators. Under the VAT (Refund of Tax) (No.15) Order, 1981 it is possible for individuals to obtain repayment of VAT expended on certain goods and appliances which assist persons with a disability to overcome that disability.  In this context, a defibrillator purchased by or on behalf of an individual may qualify for a VAT refund.  However, a defibrillator purchased for general use by a sports body or charity would not qualify for such a refund.

Disciplinary matters are dealt with at school level in accordance with procedures under Section 24 of the Education Act 1998. If a teacher on a redeployment panel has dismissal proceedings being taken against him/her then an opportunity will be given for such proceedings to conclude before any decision is made in relation to redeployment.

All of the information requested by the Deputy is already available on my Departments website at the following links.

Map:

http://www.education.ie/en/find-a-school. Data on Individual Schools: (Teacher information is available in the "Class Size Information at Individual Primary School Level: Previous Years" section.)

http://www.education.ie/en/Publications/Statistics/Data-on-Individual-Schools/.

Under the terms of the Student Grant Scheme eligible students may receive funding towards compulsory field trips provided that the combined cost of the tuition fee, student contribution and the field trip does not exceed the maximum fee limit applicable at the time.

Officials in my Department contacted the awarding authority (Longford County Council) in this case and they confirmed that the tuition fee and the student contribution exceeded the maximum fee limit of €6,270 and the field trip expenses couldn't be approved.

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.

The State Examinations Commission operates a scheme of Reasonable Accommodations in the Certificate examinations. Applications for such accommodations are submitted by schools on behalf of their students. Full details of the scheme are available for downloading from their website:

www.examinations.ie/candidates/reasonableaccommodations.

In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

The detailed supplementary assignment arrangements for (Special Needs Assistants) SNAs for the 2013/2014 school year are set out in Departmental Circular 0037/2013 which issued on 1 July 2013 and which is available on the Department's website at the following address:

http://www.education.ie/en/Circulars-and-Forms/Active-Circulars/cl0037_2013.pdf.

With effect from 1 May 2013 once an SNA with a minimum of one year's service is notified by his/her employer that he/she is to be made redundant then he/she shall be deemed to be a member of a Supplementary Assignment Panel for SNAs. It should be noted that this does not prevent the person applying for SNA vacancies but employers are obliged to give precedence to applicants who are members of the SNA Supplementary Assignment Panel.In relation to training courses my Department does not promote any SNA training courses. The recruitment of Special Needs Assistants is a matter for the Board of Management of the school. It is a matter for the Board of Management to ensure that Special Needs Assistants are in a position to effectively meet the care needs of pupil/pupils for whom SNA support has been allocated in the school when appointing a SNA. Where specific training is required, the Board should liaise with the Health Service Executive in order to ensure that the HSE provides guidance and training that enables the SNA to meet the care needs of the pupil in an appropriate manner.

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations.The State Examinations Commission operates a scheme of Reasonable Accommodations in the Certificate examinations. Applications for such accommodations are submitted by schools on behalf of their students. Full details of the scheme are available for downloading from their website:

www.examinations.ie/candidates/reasonableaccommodations.

In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

The Vocational Training Opportunities Scheme (VTOS) provides individuals with the education and skills needed to gain employment or progress to further and/or higher education and training leading to employment. The primary target groups are the long-term unemployed, the low-skilled and disadvantaged. The only age limit specified for VTOS participants by my Department is that they must be aged 21 years and over and be in receipt of specified social protection payments for at least six months.

Integrating ICT into teaching and learning in schools remains a priority for this Government. My Department's ICT in Schools programme sets out a clear agenda to be pursued in this regard, focusing on four main priorities: ICT Infrastructure in schools, the Schools Broadband Programme, the development of teacher skills, and the provision of curriculum-relevant digital content.

On the infrastructure side, my Department distributed more than €90m in ICT infrastructure grants to schools nationwide in 2009 and 2010 including allocations of €11,973.23 and €12,195.80 to Togher Boys National School in November 2009 and 2010 respectively. These schemes prioritised the equipping of all classrooms with a digital projector, teaching computer and wireless keyboard and mouse. This ICT infrastructure grant scheme is now fully disbursed. Unfortunately, we are not in a position to provide any further funding for ICT equipment at present.

My Department is committed to the implementation of a new digital strategy for schools which will focus on enhancing teaching and learning through the use of ICT in the classroom. This strategy must address new policy challenges and opportunities arising from major developments in curricular reform, digital content and new technologies. The provision of equipment to schools will be considered in this context.

This is a day to day operational matter for SOLAS who manage the Momentum programme. The evaluation report on the Momentum programme will be delivered in four elements. The first relates to the recruitment, the second relates to the delivery, the third relates to the outcomes and the fourth will be a final report amalgamating the first 3 elements.

To date, the first two parts (recruitment and delivery) have been submitted to SOLAS and are informing the design of the new round of Momentum. A longer period is required for the outcomes element as this requires data on the status of participants for a period after the completion of their programmes. The part reports are not being published separately as they are interlinked and need to be integrated for publication. The final report on the programme is expected to be available in the autumn.

I wish to advise the Deputy that the school uniform policy is a matter for each individual school and not my Department. My initiative late last year was aimed at strengthening the role of parents in how schools decide their policies on uniforms. I intend to gather what feedback I can gather from schools and from the National Parents Councils.

I propose to take Questions Nos. 138 and 139 together.

In the years 2008 to 2013 my Department provided the following funding to the former Vocational Educational Committees (VEC) to fund their Youthreach programmes –

2008 - €66.9m

2009 - €67.6m

2010 - €69.9m

2011 - €73m

2012 - €70m

2013 - €68.5m

The annual survey of Youthreach learners indicated that the following numbers of learners completed their Youthreach programme in each of the years 2008 to 2012, figures for 2013 are not yet available –

2008 - 832

2009 - 790

2010 - 924

2011 - 1,068

2012 - 1,117

There were some 3,700 places on Youthreach at any one time over the period in question.

I propose to take Questions Nos. 140 and 141 together.

In the years 2008 to 2013 my Department provided the following funding to the former Vocational Educational Committees (VEC) to fund their VTOS programmes –

2008 - €71.2m

2009 - €77.4m

2010 - €78.9m

2011 - €78.9m

2012 - €79.7m

2013 - €79.7mThe annual survey of VTOS learners indicated that the following numbers of learners completed their VTOS programme in each of the years 2008 to 2012, figures for 2013 are not yet available –

2008 - 2,847

2009 - 2,948

2010 - 3,131

2011 - 3,076

2012 - 3,164 There were almost 6,000 VTOS places at any one time over the period in question.

I propose to take Questions Nos. 142 and 143 together.

The rates for travel, accommodation and meal allowance payable to Youthreach learners are the same in 2008 and 2014. Meal Allowance: €4.00 per week or €0.80 per day;

Accommodation: €68.90 per week or €13.98 per day;

Travel: 3-5 miles - €6.60

5-10 miles - €11.90

10-20 miles - €17.60

20-30 miles - €21.60

30-40 miles - €27.70

40-50 miles - €32.60The training allowance payable per week to Youthreach learners is as follows:

I wish to advise the Deputy that the role of Special Needs Assistants (SNAs) is set out in my Departments Circular 0030/2014.

Under the terms of this Circular, the primary role of the SNA is to cater for the care needs of pupils with disabilities in an educational context, where the nature of these care needs have been outlined in professional reports as being so significant that a pupil will require adult assistance, beyond that which can normally be provided by the class teacher, in order to be able to attend school and participate in education. The Circular sets out what would normally be considered to be significant care needs under the terms of the scheme. The Circular also distinguishes between the roles of Classroom Teachers and Resource/Learning Support Teachers and the role of the SNA. Students with special educational needs can have very complex learning needs and should be taught by qualified teachers who are equipped with the skills to meet the needs of these students. SNA's are specifically recruited to assist in the care needs of those pupils and do not have a teaching/pedagogical role.

There are therefore no plans at this time to extend the role of an SNA to provide for additional learning or teaching activities.

I presume that the Deputy's question relates primarily to classes in which children with autism are enrolled.

As the Deputy is aware the National Council for Special Education (NCSE) is currently preparing Policy Advice on the Educational Provision for Children with Autism Spectrum Disorders. The NCSE has advised my Department that the Policy Advice will be delivered in the spring of 2015 and will draw upon findings gathered from an extensive consultation process which has already commenced.

It is open to all interested parties to contribute to the consultation process and in that context I have arranged for the Deputy's suggestion to be forwarded to NCSE for consideration. I expect that the NCSE final report will reflect the broadest possible range of views and provide recommendations which will assist the development of policy for future years.

Under the Teaching Council Act, the Teaching Council is the body with statutory authority and responsibility for the review and accreditation of programmes of Initial Teacher Education. In order to guide its reviews and provide a benchmark for HEIs providing programmes of initial teacher education, the Council has developed "Criteria and Guidelines for Programme Providers of Initial Teacher Education", published in August 2011. The criteria for ITE prescribe a list of mandatory areas of study and Special Education, as part of Inclusive Education, is one such mandatory area. All providers have been required by the Council to reconfigure their programmes to meet the Council's criteria, and most have now been presented to the Council for accreditation.

It is the view of the Teaching Council that ITE is about the development of critical core skills, which can then be applied to any range of issues in the classroom, possibly with the benefit of further up-skilling post-qualification. The latter point is important, because teacher education spans the entire teaching career. Given that there are currently more than 87,000 teachers on the Council's register of teachers, with only 3,000 or so graduating from initial teacher education every year, it is important that the issue of special educational needs would not be seen as one to be covered at ITE stage only. Although the Council's functions in the area of CPD have not yet been commenced, it considers this to be a very important phase in the continuum of teacher education and is currently planning for the development of a national framework on CPD. It should also be noted that the issue of SEN is covered as part of an induction workshop programme which all newly qualified teachers are required to engage in, in order to be fully registered with the Teaching Council.

I thank the Deputy for her suggestion, which will be brought to the attention of the National Council for Special Education and the Teaching Council.

The most recent syllabus revisions at post-primary are:

(a) Leaving Certificate Technology as a new subject, and Leaving Certificate Design and Communications Graphics which were implemented in 2007 for first examination in 2009(b) A revised Irish curriculum in the Leaving Certificate, which provides for 40% of the marks for oral assessment, began in September 2010 with first examination in 2012. (c) Project Maths is a major programme of reform in Maths in second level schools which began being phased in in 24 schools in 2008 and has, through a phased implementation been rolled out to all second level schools by September 2012.

The NCCA continues to work on other Leaving Certificate subjects such as the sciences and Physical Education. Recently I requested that the NCCA prioritise Politics and Society. Such reviews are an on-going part of the work of the NCCA.

In the 2013 State certificate examinations, a number of Leaving Certificate and Junior Certificate examination papers contained undetected errors which had not come to light before the examination and which had the potential to impact on candidate answering. The SEC accepted that level of error in the 2013 examination papers was unacceptably high and apologised to the candidates affected. Specific measures were implemented in the marking process by the SEC so that candidates have not been disadvantaged as a result of these errors. These measures were successful.Following on from the 2013 marking process the SEC carried out an in-depth review of the errors that occurred in the 2013 Certificate Examinations. The SEC's report on this review was presented to me last August. The report made a number of recommendations to reduce the risk of errors occurring in the future. While recognising that it is not possible to ensure that examinations in the future will be completely error free, nevertheless the following steps have been taken by the SEC so as to minimise the risk of error in the future:

- Senior management has adopted a more strategic approach to anticipating and assessing the impact of retirements and other staff changes including assessing the risks associated with the loss of subject-specific examination expertise. Strategies such as the development of subject specific protocols and the documentation and sharing of good practice among experienced and new Examination and Assessment managers (EAMs) have been put in place;

- The current personnel structures for the preparation of examination papers have been reviewed. International practice in relation to examination paper preparation and quality assurance measures has also been researched and reviewed. Further to this review an additional QA measure has been put in place for the 2014 Leaving Certificate examinations;

- The SEC's formal protocols for paper preparation have been reviewed. These protocols are considered generally robust and fit for purpose. However they are generic in nature and, in the case of some subjects, they have been supplemented by EAMs and Setters with additional practices to deal with technical and specialised requirements of those subjects. The recording and dissemination of these informal subject specific practices is ongoing. The protocols emerging will also be used in training new permanent and contract staff thus protecting the organisation against loss of corporate memory and examination expertise into the future;

- All post print errors over the last three years have been collated and analysed. These include errors dealt with through the annual List of Corrections, errors which led to reprints before the examinations and errors which were detected in the course of the examinations;

- Information arising from this review has been used to identify where procedures and protocols might be strengthened and/or the training needs of staff e.g. in areas such as proof reading and version control;

- In the case of Mathematics, additional contract staff has been deployed to assist in the preparation of examination papers over the transitional phasing in of Project Maths at both Leaving and Junior Certificate.

In addition to the forgoing the SEC will develop a communication strategy specifically for dealing with error. This will include designating a specific area on its website to providing information on its approach to dealing with errors in examinations.

Guidelines for primary schools on promoting well-being and mental health are currently being developed by my Department. It is expected that the guidelines will be available to primary schools in the autumn. These guidelines will complement 'Well-Being in Post- Primary Schools: Guidelines for Mental Health Promotion and Suicide Prevention' which was published jointly by my Department, the Department of Health and the HSE in 2013.

The primary school guidelines will complement existing measures to promote positive mental health at primary level. Such measures include the Social Personal and Health Education (SPHE) programme which is mandatory at primary level. The SPHE programme contains a number of specific aims that are relevant to positive mental health and well-being. These include promoting all aspects of the child's health, fostering in the child a sense of care and respect for himself/herself, and enabling the child to make informed decisions and choices about all aspects of life including health.

Primary schools are also encouraged to participate in the 'Health Promoting Schools' initiative, which is supported by the Department of Health. This European-wide programme aims to strengthen schools' capacity be a healthy setting for learning and working by focusing at whole-school level on all the conditions that affect health and well-being. The results from the second Lifeskills survey which were published by my Department in January of this year indicate that approximately 40% of respondent primary schools are currently in the Health Promoting Schools initiative or are in the process of joining. My Department is working with the Department of Health to increase participation among primary schools in this initiative.

In accordance with Section 30(11) of the Education and Training Boards Act, 2013, I intend specifying bodies which have a special interest in, or knowledge of, education, members of which will appointed by the Education and Training Board (ETB) to the board.

The Act requires that at least one body from each of the following categories must be specified (i) bodies representative of business, industry and employers; (ii) bodies representative of learners; (iii) bodies representative of persons engaged in the management of, or leadership in, recognised schools. Each ETB must appoint at least one member from each of these categories.

I am currently considering which bodies to specify in accordance with the provisions of the Act. The Deputy should note that it will be a matter for each Board to make the actual appointments, in accordance with the legislation.

I propose to take Questions Nos. 151 to 154, inclusive, together.

In 2012, the Professional Diploma in Mathematics for Teaching, a blended learning, two year part-time programme was made available nationwide free of charge to improve the skills of certain maths teachers at post-primary level. It is a condition of entry to the programme that the applicant will continue to teach maths.

Provision of the course is led by the National Centre for Excellence in Mathematics and Science Teaching & Learning (NCE-MSTL), based in the University of Limerick (UL), and it will be accredited jointly by the UL and NUI Galway through their strategic alliance. Some 317 teachers are enrolled in the first round of the programme which began in September 2012. 295 teachers are enrolled in the second round which began in September 2013. A further intake is planned for September 2014. As the course is of 2 years' duration, no participants have completed the programme yet.

Funding is committed for the two rounds of the programme currently underway and for a third intake this September. Decisions on future rounds will be made in light of factors such as continuing demand and available resources.

I propose to take Questions Nos. 155, 156, 159 and 162 together.

The Points for Life initiative is a physical activity programme which is currently being piloted in a number of schools in Co. Wicklow. The project is overseen by a Committee comprising officials from my Department, PDST, Blackrock Education Centre and is chaired by Senator Eamonn Coughlan. The tablets were sponsored. The tablets are used for the assessment of physical literacy in the classroom.

The Professional Development Service for Teachers does not endorse or promote any product for use in schools. They are available to advise schools on how to integrate technology in teaching and learning. The decision on the introduction of tablet devices and the type of tablet purchased is one that rests with the Board of Management of a school.

As the Deputy will be aware, QQI has, in accordance with Section 80 of the Qualifications and Quality Assurance (Education and Training) Act, 2012, determined a number of fees which will apply to all providers seeking to engage with it, including those in the community and voluntary sector. The fees were determined in accordance with QQI's policy and fees which provides, inter alia, that fees will be comprehensive, coherent and reflect the amount and complexity of the work undertaken by QQI.

There is a significant amount of work involved in assessing applications from providers, so QQI can be assured that they meet their rigorous quality standards. The purpose of those standards is to ensure that providers have the capacity to provide quality programmes of education and training to their learners. The fees therefore underpin QQI's ability to ensure and monitor compliance with its standards. Furthermore, and importantly, the fees help to ensure that only those providers which are serious about complying with those standards, and have the capacity to do so, apply to QQI.

At the meeting of the Joint Oireachtas Committee on Education and Social Protection on 19 February, QQI committed to work with ICTU, AONTAS and other representative bodies to discuss how providers in the further education and training sector, including community and voluntary bodies, could work with QQI to ensure they can continue to provide a quality offering to their learners, particularly in the context of the emerging policy and provision landscape being developed in the further education and training sector. QQI has since met with both AONTAS and the ICTU to explore the concerns of the community and voluntary sector and a number of follow-up meetings are planned.

With regard to possible waivers, a system of waivers has always applied to certification or award fees for certain categories of learners in the further education and training sector. This system has not been changed. It is not intended to introduce a new system of waivers for providers of education and training, for the reasons outlined above.

I recently announced that all primary schools which currently operate a school book rental scheme will be able to benefit from the €15 million School Book Rental Scheme Fund which was secured as part of Budget 2014. Last October, I announced that the €15 million fund would be targeted specifically at primary schools which did not currently operate a book rental scheme. The Department has received applications from approximately 400 such schools to date. 531 schools who previously indicated that they did not have book loan schemes were invited to apply for the funding and of these, three quarters applied for funding.

DEIS schools will receive €150 per child and non-DEIS schools will receive €100 per child in seed capital funding over the next two years to establish book rental schemes. This will cost approximately €6.7 million and is expected to benefit more than 63,000 pupils and their families. I have now decided that the balance of the fund, some €8.3 million, will be divided among all other primary schools that currently operate book rental schemes, in 2015 and 2016. These schools are expected to receive a total of €18 per pupil or €20 in DEIS schools over those two years. This is on top of the annual book grant of €15 million which is paid to first and second level schools on a per pupil basis. This forms part of my wider agenda to tackle the high costs of going to school for parents. When I first announced this scheme which targeted only primary schools which were not operating a Book Rental Scheme, many of the other schools voiced their concern at being left out, despite the hard work of many parents and teachers to establish such schemes. I indicated that after the initial first round of funding was allocated I would examine the scheme again. I am delighted that the Department will be able to provide an extra boost to these other schools which should allow them to expand or replace some books on their own schemes.

As the Deputy is aware, the school, referred to, has an application with my Department for capital funding for a replacement school building.

Whilst the school, in question, has experienced some growth in pupil numbers in recent years, the school is aware that it is not located in an area which has been identified as an area of significant population growth. In view of the need to ensure that every child has access to a physical school place and that our school system is in a position to cope with increasing pupil numbers, the delivery of new schools, together with extension projects, will be prioritised in the coming years to meet significant demographic growth. As it is not possible to give an indicative timeframe for the progression of this school project at this time, an alternative option to address the schools immediate accommodation needs has been examined and is now being progressed.

In that regard, my Department has approved, under the Prefab Replacement Initiative 2012, funding for the provision of additional permanent school accommodation comprising four mainstream classrooms, two Special Education teaching rooms and appropriate ancillary accommodation. I understand that the school have been advised to tender for and appoint a Design Team to master-plan the school project so that the Phase I element can be delivered up-front and the balance can be delivered at a later date. Once the successful Design Team has been appointed, a stage 1 submission with costings, including for any enabling works required, should be prepared and forwarded to the Department for consideration.

A sports facility was originally planned for this site in Adamstown, to be developed by a third party. Due to circumstances outside of my Department's control, the facility was not delivered. My Department officials have engaged with the relevant stakeholders with a view to reaching an acceptable outcome and will continue to follow up on the matter. I am sure the Deputy will agree that all means to deliver on the original agreement must be explored fully in the first instance.

Under the terms of my Department's School Transport Scheme for Children with Special Educational Needs, children are eligible for transport where they are attending the nearest recognised school that is or can be resourced to meet their special educational needs.

The school this child proposes to attend in September is not her nearest school and therefore she is not eligible for school transport to this school. Children who are not eligible for school transport may apply for transport on a concessionary basis subject to a number of terms and conditions including the availability of spare sets on an existing service and the payment of the annual charge. The parents of this child should liaise with their local Bus Éireann office regarding the availability of seats for the 2014/15 school year. Only children who are eligible for school transport and who hold a valid medical card (GMS Scheme) are exempt from paying the annual charge.

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations. The State Examinations Commission operates a scheme of Reasonable Accommodations in the Certificate examinations. Applications for such accommodations are submitted by schools on behalf of their students. Full details of the scheme are available for downloading from their website: www.examinations.ie/candidates/reasonable accommodations. In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

A dedicated programme of guidance, training, education and enterprises supports, co-funded by the EU under the European Globalisation Adjustment Fund (EGF) for workers made redundant at the S R Technics aircraft maintenance facility in Dublin in 2009 was implemented between 25 March 2009 and 11 October 2011.

Under the EGF programme, a total of 769 redundant workers and apprentices benefited from a wide range of measures including occupational guidance, training, apprenticeship, second and third level education and start your own business enterprise supports.

Information on the training and other supports provided under the EGF programme are contained in the S R Technics EGF Final Report submitted by the Department to the European Commission. The report is publicly available along with related post-programme labour market outcome information at http://egf.ie/final-reports-for-completed-egf-programmes/. Alternatively this information can be made available in hard copy upon request. It should also be noted that, subject to their particular circumstances, the redundant workers in question may also have been eligible to avail of other training supports through mainstream provision or specific initiatives such as Springboard and the Labour Market Activation Fund. These types of supports were provided by or through a range of service providers such as FAS, VECs, third level institutions, Skillnets etc.

The administration of the apprenticeship system is a matter for SOLAS. I understand that SOLAS has contacted the two companies referred to in this query and both organisations recognise the Advanced Certificate Craft Level 6, which is the qualification received on the successful completion of the apprenticeship programme. However I also understand that, according to records held by SOLAS, the individual involved has not fully completed his apprenticeship. The person in question should contact his local SOLAS Training Adviser for guidance on completing the final phase of his apprenticeship.

Budget 2011 provided for the introduction of a €200 annual Post Leaving Certificate (PLC) programme participant contribution. This was introduced at the start of the 2011/2012 academic year and the same charge has applied each year since then.

Full medical card holders (in their own right and their dependent children), those eligible under the student grant scheme and those in receipt of the Back to Education Allowance (BTEA) or Vocational Training Opportunities Scheme (VTOS) allowances are exempt from paying the contribution.

The project to which the Deputy refers was announced to go to construction in 2014. The project is expected to proceed to tender stage shortly. Subject to no issues arising, it is anticipated that construction will commence in late 2014.

In the case of a student whose parents are divorced, legally separated or it is established to the satisfaction of the awarding authority that they are separated, the reckonable income shall be that of the applicant and the parent with whom the applicant resides.

The income of a step-parent who is not a legal guardian is not included in determining reckonable income. Where the reckonable income does not include a long-term social welfare payment, as listed in the Student Grant Scheme, the special rate of grant is not payable.

I have no plans at present to change the criteria in relation to persons whose income is considered in determining reckonable income for student grant purposes.

I propose to take Questions Nos. 170, 171 and 206 together.

As the new post-primary school for North Wicklow is not opening until 2016, the enrolment policy for the school has not yet been put in place. Enrolment policies are a matter for a School's Board of Management in consultation with the Patron, which, in this case, is Educate Together. While it is intended that the school will be located in the North Wicklow area and priority in the school's enrolment policy will be required to be given to pupils from that school feeder area, the school will be a regional provider to meet parental demand for diversity of provision from a broader area and it would be expected that this will be reflected in the School's enrolment policy when this is decided and published by the Board of Management and Patron in due course.

Bus Éireann, which operates the School Transport Scheme on behalf of my Department, has advised that arrangements to have replacement services in place for the resumption of school transport after the Easter school holidays on Monday 28th April 2014 were successfully implemented.

I support any measures that can be taken to ensure that the costs to send a child to school are kept to a minimum. Some of the measures I have taken in this regard relate to book rental schemes and school uniforms.

My Department's approach is to support and encourage all schools to have book rental schemes. In this regard, my Department will continue to provide a book grant, amounting to some €15m, as usual to all first and second level schools, and this grant can be utilised for the purposes of updating or expanding a school's existing book rental scheme. A sum of €5m has been made available this year to support the establishment of book rental schemes in primary schools that do not currently operate them. I recently announced that an additional €8.3m will be divided among all other primary schools that currently operate book rental schemes, in 2015 and 2016. It is my aim to ensure that every primary school in the country has a book rental scheme. I have already expressed my concern in relation to costs incurred by parents on school uniforms. This is a matter on which I believe schools must take account of the wishes of parents. The Deputy will be aware that I requested schools to ballot parents on school uniform policy. This move was aimed at giving parents a much greater say on what if any uniforms a school should have and in turn to tackle the high costs of some uniforms. One of the other costs for parents relates to voluntary contributions. My Department's policy is that voluntary contributions by parents are permissible provided it is made absolutely clear to parents that there is no question of compulsion to pay. The manner in which contributions are sought and collected is a matter for each school management; however their collection should be such as not to create a situation where either parents or pupils could reasonably infer that the contributions take on a compulsory character.

I propose to take Questions Nos. 174, 194 and 205 together.

Through a series of decisions the Government decided to replace 33 vocational education committees (VECs) with 16 new entities, to be known as education and training boards (ETBs), and to establish SOLAS to replace FÁS. The proposals in relation to SOLAS, as agreed by the Government, envisage a key role for the ETBs in relation to the future delivery of further education and training in an integrated manner. Significant developments have already taken place with the establishment of ETBs on 1 July 2013, and the establishment of SOLAS on 27 October 2013. 7 SOLAS training centres and their staff transferred to 4 ETBs on 1 January 2014. The second phase of transfer of 12 SOLAS training centres to a further 7 ETBs will take place on 1 July 2014. SOLAS and the ETBs have established a Transfer Implementation Group to ensure that there is a smooth transfer process. Community Training Centres (CTCs) are independent community-based organisations, each with its own board and governance structure. CTCs are managed locally and funded directly from SOLAS or ETBs. In the transfer of functions from SOLAS to ETBs, business continuity is paramount. My Department has no plans at present to alter existing arrangements in relation to CTCs and their work in meeting the training and employment needs of early school leavers, primarily aged between 16 and 21, in the community will continue. The Department is meeting with representatives from CTCs this week to brief them on the Programme of Reform for the sector.

There were 5 primary schools which had an enrolment of 85 pupils on 30 September 2013. 3 of these schools submitted appeals to the Staffing Appeals Board to retain their existing staffing level for the 2014/15 school year on the basis of a projected enrolment of at least 86 pupils in September 2014. Each of these appeals was provisionally upheld by the Appeals Board and the 3 schools will not therefore be losing a teaching post subject to confirmation of their actual enrolments in September 2014. In relation to the 2 remaining schools, one has submitted an appeal to the next meeting of the Appeals Board in June. If the other school is projecting an enrolment of at least 86 pupils for September 2014 then it may also submit an appeal to the Appeals Board.

I assume the Deputy is referring to the implementation of the final phase of the Budget 2012 measure where there is a phased increase in the number of pupils required to gain and retain a classroom teaching post in small primary schools. The final phase of the budget measure is being implemented as part of the staffing arrangements for schools for the 2014/15 school year. The precise amount of savings that will arise from this phase of the budget measure will be known in the Autumn when the allocations process has fully completed and any appeals to the remaining meetings of the Staffing Appeals Board have been considered.

The staffing schedule used for the allocation of teachers to primary schools is published annually on my Department's website. The staffing schedule operates on the basis of enrolment bands which specify the minimum and maximum number of pupils for the allocation of classroom teachers. The maximum number of pupils in the enrolment band for a 1-teacher school is 19 pupils, 55 pupils for a 2-teacher school and 85 pupils for a 3-teacher school. The staffing schedule sets out the lower thresholds which apply in the case of Deis Band 1 schools.

I wish to again clarify for the Deputy, as outlined in the response to the parliamentary question to which he refers, that under the Teaching Council Act 2001, the Teaching Council is the body with statutory regulatory authority for the professional registration of teachers. The Council sets standards of entry to the profession and accredits initial teacher education programmes. I am satisfied that primary teachers are qualified to teach in a wide range of school environments including autism units. I added that the Special Education Support Service (SESS) provides evidence based support for teachers of pupils across a wide range of special educational needs including ASD having regard to best practice and that I am satisfied that the SESS are making appropriate provision to support teachers and schools in this area. The Deputy will be aware that my Department's inspectorate has a role in evaluating, advising and supporting all schools including those with autism classes. I reminded the Deputy previously that the SESS is a support service for teachers and is not involved in the supervision of the implementation of ABA. Finally, in previous responses there was no reference to specific written or oral advice on this matter. It cannot be assumed that no documentation exists on this issue. If the Deputy is seeking sight of a specific document, he should identify the document in question.

The Teaching Council is aware of my intention that Section 39 of the Teaching Council Act will be commenced as soon as practicable after Part 5 (Fitness to Teach) which is expected to be commenced later this year following its amendment. Full collaboration with the Teaching Council will continue regarding commencement and implementation of the Act. No definite date for the commencement of Section 39 has been set. It is my view that participation in CPD is part of a teacher's professional responsibility and teachers should avail of opportunities to engage in relevant CPD. There is a myriad of CPD possibilities available to teachers through HEIs, peer groups, online or private providers, self-directed learning and so on and many teachers opt to participate in these. My Department also provides comprehensive programmes of continuing professional development for teachers across a wide range of areas and will continue to quality assure this provision.

The NCSE local network of Special Educational Needs Organisers provide support to schools in relation to the establishment of special classes. SENOs may support schools by meeting with Principals to provide information on the resources and supports available for schools which may include, for example, access to specialist staff training. SENOS liaise with NEPs personnel at local level, where appropriate, to inform Principals. The NEPS service to all schools, including schools where there are ASD classes, is progressed through the Continuum of Support Guidelines which encompasses a graduated problem solving model of assessment and intervention. NEPS service is planned and delivered following planning meetings in schools where needs are prioritised. In addition to case work, NEPS supports schools in developing more systemic and preventative approaches to meeting the needs of pupils with SEN in line with priorities highlighted in the planning meetings. My Department's inspectorate has a role in evaluating, advising and supporting schools and the Deputy may be interested in their evaluation of educational provision for children with autism spectrum disorders which is available on my Department's website www.education.ie. The website also has details of general guidelines and circulars with regard to the Inclusion of Students with Special Educational Needs in our schools. It is not possible to say whether an individual school received documentation as part of the support and guidance provided by either NEPS or the Inspectorate when their ASD unit was opened. Also it cannot be assumed that no documentation exists.

As previously advised models responding to the differential needs of children with autism were developed over time as a result of engagement between administrative and professional staff from within and external to my Department. Subsequently it was recognised that the model concept was complex and multi-purpose. It was determined that parents of children with autism should have three distinct choices available to them; their child could either attend a mainstream class in their local school with additional supports as required, they could attend a special class in a mainstream school or they could attend a special school. However it's important to clarify that what was portrayed by the model concept was not disregarded, rather the scenarios described by the models were simplified. Elements of teaching frameworks, whole school training and the extended school year remain features of current provision. As the model terminology was primarily internal the discontinuation of its use did not require a Ministerial decision. In the course of the period of transfer from the Department to the National Council for Special Education (NCSE), which fully concluded in or around 2008, the language around models had fallen into disuse and was replaced by the type of correspondence between schools and the NCSE which is seen largely today.

Applied Behavioural Analysis, or ABA, is one of the approaches used in special classes for children with autism. The use of ABA as part of the range of interventions is particularly useful for addressing behavioural issues. My Department supports the use of ABA and training is provided for teachers in its use. As previously advised my Department provides for a comprehensive system of continuing professional development (CPD) for teachers in the area of special educational needs including teachers of children with autism. The brief of the Special Education Support service (SESS) is to enhance the quality of learning and teaching of students with special educational needs through the provision of CPD and support for teachers in mainstream schools, primary and post-primary special schools, and special classes. The SESS also provides whole school training at the request of schools and this can include training for Special Needs Assistants.

The Ombudsman for Children encouraged my Department to consider publishing a policy document on educating children with autism. As noted by the Deputy my Department advised in March 2013 that it was preparing to bring together all of the facets of the policy on the education of children with autism into one document to provide further clarity on the issue. In the interim I requested the National Council Special Education (NCSE) to bring forward policy advice on the education of children with autism. The NCSE has advised my Department that the Policy Advice will be delivered in the spring of 2015 and will draw upon findings gathered from an extensive consultation process which has already commenced. I expect that the NCSE final report will reflect the broadest possible range of views and provide recommendations which will assist the development of policy for future years. Therefore I see no merit in revising the existing format of the current policy in advance of the publication of the new policy advice. However my officials are currently compiling an information pamphlet for parents of children with autism in consultation with NCSE ; the pamphlet is aimed at informing parents and guardians of my Department's policy on the education of children with autism and the supports and services available to them. The Ombudsman for Children's office supports this approach to the aforementioned encouragement.

The following revised reply was received on 7 May 2014:

The Ombudsman for Children encouraged my Department to consider publishing a policy document on educating children with autism. As noted by the Deputy, my Department advised in March 2013 that it was preparing to bring together all of the facets of the policy on the education of children with autism into one document to provide further clarity on the issue.

In the interim I requested the National Council Special Education (NCSE) to bring forward policy advice on the education of children with autism. The NCSE has advised my Department that the Policy Advice will be delivered in the spring of 2015 and will draw upon findings gathered from an extensive consultation process which has already commenced.

I expect that the NCSE final report will reflect the broadest possible range of views and provide recommendations which will assist the development of policy for future years. Therefore, I see no merit in revising the exiting format of the current policy in advance of the publication of the new policy advice.

However, my officials are currently compiling an information pamphlet for parents of children with autism in consultation with NCSE; the pamphlet is aimed at informing parents and guardians of my Department’s policy on the education of children with autism and the supports and services available to them.

My Department has not received correspondence from the Ombudsman’s office expressing its dissatisfaction with this decision.

There is no record in my Department of a request from the Psychological Society of Ireland (PSI) for a meeting on policy issues. As the Deputy is aware the National Council for Special Education (NCSE) is currently preparing Policy Advice on the Educational Provision for Children with Autism Spectrum Disorders. The NCSE has advised my Department that the Policy Advice will be delivered in the spring of 2015 and will draw upon findings gathered from an extensive consultation process which has already commenced. It is open to all interested parties to contribute to the consultation process and I would encourage the PSI will engage with the NCSE in this context. I expect that the NCSE final report will reflect the broadest possible range of views and provide recommendations which will assist the development of policy for future years.

As the Deputy is aware the National Council for Special Education (NCSE) is currently preparing Policy Advice on the Educational Provision for Children with Autism Spectrum Disorders using terms of reference provided by my Department. I specifically asked that they would consult widely with parents, professionals, other stakeholders and interested parties in the preparation of this advice but I did not provide any suggestions as to potential stakeholders who should be consulted in this context. I am aware that the consultation process has commenced. However I am not aware of the stakeholders who have been consulted in this regard. Therefore I have arranged for the question to be forwarded to the NCSE for their direct attention and reply.

I propose to take Questions Nos. 186 and 216 together.

Under the Teaching Council Act 2001, the Teaching Council is the body with statutory regulatory authority for the professional registration of teachers. The Council sets standards of entry to the profession and accredits initial teacher education programmes. I am satisfied that primary teachers are qualified to teach in a wide range of school environments including autism units. I should also point out that SESS is a support service for teachers and is not involved in the supervision of the implementation of ABA and does not advise teachers or my Department in this regard. SESS continues to make provision for a comprehensive system of continuing professional development (CPD) for teachers in the area of special educational needs including teachers of children with autism.

The Ombudsman for Children encouraged my Department to consider publishing a policy document on educating children with autism. My Department advised during the course of last year that it was preparing to bring together all of the facets of the policy on the education of children with autism into one document to provide further clarity on the issue. In the interim I requested the National Council Special Education (NCSE) to bring forward policy advice on the education of children with autism. The NCSE has advised my Department that the Policy Advice will be delivered in the spring of 2015 and will draw upon findings gathered from an extensive consultation process which has already commenced. I expect that the NCSE final report will reflect the broadest possible range of views and provide recommendations which will assist the development of policy for future years. Therefore I see no merit in revising the existing format of the current policy in advance of the publication of the new policy advice. However my officials are currently compiling an information pamphlet for parents of children with autism in consultation with NCSE; the pamphlet is aimed at informing parents and guardians of my Department's policy on the education of children with autism and the supports and services available to them. My Department has not received correspondence from the Ombudsman’s office expressing its dissatisfaction with this decision.

As the Deputy will be aware July Provision is available to all special schools and mainstream primary schools with special classes catering for children with autism that choose to extend their education services through the month of July. My Department also provides July Provision for pupils with a severe/profound general learning disability. Where school based provision is not feasible, home based provision may be grant aided. Under the terms of the scheme the Overseer must be a principal, deputy / vice principal or permanent qualified teacher, employed by the school. In exceptional circumstances and at the request of a school my Department will consider alternatives to enable the school to best meet the needs of the children. It is open to the school in question to submit a proposal for consideration.

In view of the financial constraints imposed by the need, as outlined in the Five Year Plan, to prioritise available funding for the provision of essential additional school places to meet demographic demand, my Department is not in a position to provide an indicative timeframe for progression of a major capital project at this time. However, my Department is finalising a decision in relation to the schools' immediate accommodation requirements and in that regard will be in touch with the school authorities in question very shortly. In the meantime, I am pleased to advise that the school was included on the list of successful schools under the Summer Works scheme for 2014 which I published on 20th March last.

Pupil numbers at both primary and post-primary level are increasing annually and are projected to continue to increase for the foreseeable future. I acknowledge that this will result in increased requirements for additional teachers in the school system. Notwithstanding the difficult budgetary climate the Government has tried, as best as possible, to protect front line services in the education sector. In Budget 2014, the Government made provision for an increase of about 1,400 teachers at primary and post-primary level to cater for increased demographics and additional resource teachers to cater for pupils with low incidence special needs. The Government will continue to ensure that appropriate provision is made for increasing demographics as part of the annual budgetary process.

In the context of the necessary but difficult expenditure reduction measures announced in Budget 2012, new students entering postgraduate courses from the 2012/13 academic year onwards are not entitled to maintenance payments under the Student Grant Scheme. Those who meet the qualifying conditions for the special rate of grant under the Student Grant Scheme are eligible to have their post-graduate tuition fees paid up to the maximum fee limit of €6,270. A postgraduate student may qualify to have a €2,000 contribution made towards the costs of their fees. The income threshold for this payment is €31,500 for the 2013/14 academic year, increasing relative to the number of family dependants. Tax relief is also available on postgraduate tuition fees. Details in relation to this relief are available from the Revenue Commissioners. In addition to this, the Student Assistance Fund will continue to be made available through the access offices of third-level institutions to assist students in exceptional financial need.

Responsibility for the delivery of a new 16 classroom school referred to by the Deputy has been devolved to the Office of Public Works.

The project is at the early stages of architectural planning and is one of the school projects approved to proceed to construction in 2014/2015. When construction will commence will be dependent on the progress of the project through the various stages of design and the local authority planning process.

Funding was approved in 2013 to the school, referred to by the Deputy, for the provision of special need facilities. More recently, however, the school authorities, in question, have requested additional capital funding to provide an additional classroom. This proposal is currently under consideration and my Department will be in contact with the school authorities as soon as this process has been completed.

My Department is fully aware of the enrolment and staffing position in relation to this school and has been liaising with it regarding same.

The school has been recently notified by my Department of an additional classroom post for the 2014/15 school year to cater for its increased enrolments.

I am aware that the difficult situation in which the Cork Life Centre finds itself in arises from the decision of the Christian Brothers to withdrawal financial support. The resources provided by my Department to this Centre in 2014 include 968 teacher co-operation hours, provided under the Co-operation Hours Scheme operated by the local Education and Training Board (ETB), and non-pay funding of €47,500. This Government is committed to addressing educational disadvantage and while services such as this centre meet a particular demand, it is also important to reflect on the significant additional targeted resources which are deployed for the purpose of combating educational disadvantage and early school leaving. These include intensive literacy and numeracy programmes, out-of-school, after school and holiday time supports as well as special needs supports provided to assist young people at risk. It should be noted that there has been a substantial expansion of these initiatives since the establishment of this facility by the Christian Brothers in 1996. The major budgetary pressures within my Department place significant constraints on its capacity to support existing programmes and, consequently, given the significant range of educational disadvantage interventions already supported by my Department, there is no scope to meet a request for addition funding for this organisation beyond the level of support currently allocated. The Educational Welfare Services of the Child and Family Agency which has a statutory remit in relation to school attendance, can provide assistance to parents or guardians in finding appropriate educational placements for all children including those currently in the centre which is the subject of this question.

The decision on eligibility for a student grant is a matter in the first instance for the awarding authority. The Deputy will appreciate that in the absence of all the relevant details that would be contained in an individual's application, it would not be possible for me to say whether or not a student would qualify for a grant. If an individual applicant considers that she/he has been unjustly refused a student grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to SUSI. Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to the independent Student Grants Appeals Board. The relevant appeal form is available to download from http://www.studentfinance.ie/downloads/1375344221/2013_SGAB_appeal_form.pdf.

Officials in my Department have confirmed that the student referred to by the Deputy has appealed the decision of the awarding authority to the Independent Student Grants Appeals Board. The appeal will be heard within the timeframe set out in the Student Support Act 2011 and the student will be notified directly of the outcome.

I wish to advise the Deputy that the Board of Management of each school is responsible for the care and safety of all of the pupils in their school. Many schools may withdraw pupils occasionally from the main classroom for short periods of time in order to manage pupil behaviour and to speak to pupils, or to address problematic behaviour, in a room away from a main classroom.

Schools should supervise and support children who are distressed or out of control until they have recovered and are able to re-engage in the classroom. Schools may seek advice from their local National Educational Psychological Service (NEPS) psychologist, from their NCSE Special Educational Needs Organiser, or from the National Behavioural Support Services, as to how children with behavioural needs can best be supported in school.

The Department has recently published new Guidelines for Schools on Supporting Students with Behavioural, Emotional, and Social difficulties and training is available for schools in relation to the provision of support for children with special educational needs from the Special Education Support Services (SESS), who can, as part of their designated training modules, provide guidance for schools in relation to containment or management measures for difficult behaviour.

It should be noted that there is a distinction to be made between rooms where children may be withdrawn to address problematic behaviour, and Sensory Rooms.

Sensory Rooms, which are also referred to as Multi-Sensory Rooms, are used to provide a variety of sensory stimuli associated with smell, taste, touch, sight and sound, and which are designed to provide sensory stimulation for pupils with special educational needs, in spaces which are designed to encourage positive actions and responses for pupils with sensory impairment. They can also be used for pupils to use interactive equipment towards specific educational aims.

Where a parent or any other person has concerns about the care or safety of a child they should report these concerns to the Board of Management of the school, or may report the matter as a child protection concern to the HSE or to the Department of Education and Skills.

The specific issue which the Deputy has raised regarding the Health Service Executive should be referred to that body for its consideration, or to the Department of Health.

The Deputy will be aware that students with a special educational need, including those with an autism spectrum disorder, have a range of options available to them in the higher and further education sectors. Some students choose to participate in educational programmes through further adult educational programmes or in adult settings.

While the Department of Health and Children/Health Service Executive assumes direct responsibility for young adults with special educational needs who are over 18 years, my Department may allocate funding towards an educational component of such provision.

This is generally transacted through the co-operation hours scheme operated by Education and Training Boards (ETBs) where the local service provider makes application to the relevant ETB for tuition hours. Funding is also provided to the National Learning Network for this purpose. Young adults with disabilities are eligible to access SOLAS mainstream services. SOLAS also contracts 17 Specialist Training Providers, in 49 locations country-wide, to deliver training courses to people with disabilities who require more intensive support than would be available in non-specialist training provision. A range of specialist courses is available at two levels of training, Introductory Skills Training (IST) and Skill Specific Training (SST) and includes in-centre, employer based and blended learning approaches to accommodate learners' training needs.

These training courses lead to awards at levels 3-5 on the National Framework of Qualifications. Entry to specialist training is open to all persons with disabilities over 16 years of age. Currently there are 2110 places available per annum in Specialist Training Provision. Programme duration may typically be up to 18 months or 24 months depending on programme type. Specialist training offers additional supports to learners which include individualised training and progression plans, literacy and numeracy support, longer training duration, adapted equipment, transport arrangements, enhanced programme content and enhanced trainer/learner ratio.

The Disability Access Route to Education (DARE) scheme also provides a third level admissions scheme for school leavers who have a disability or specific learning difficulty. Students who are considered to be DARE eligible may secure a college place on a reduced points basis.

Three new post-primary schools are planned for the Cork South Suburbs/Carrigaline school feeder areas (Douglas and Rochestown are included in the South Suburbs area). The first of these is a Gaelcholáiste that will commence operation in September 2015 under the patronage of the Cork Education and Training Board. The other two are English medium schools which are scheduled to open in 2016, one under the patronage of the Edmund Rice Schools Trust and one under the patronage of Educate Together. The site for the Gaelcholáiste has already been identified in Carrigaline.

Officials from my Department will be working with the local authority to identify sites for the remaining two schools. The location of the schools will be dependent on site availability and suitability.

I wish to advise the Deputy that a key function of the National Council for Special Education (NCSE) as set out under Section 20 of the Education for Persons with Special Educational Needs (EPSEN) Act 2004, is to provide the Minister for Education and Skills with expert, independent, evidence-informed policy advice on special education for children and adults. My Department requested that the NCSE consider the issue of whether Down Syndrome should be reclassified as a low incidence disability in all instances, regardless of assessed cognitive ability, in the context of its preparation of comprehensive advice on how the educational system supports children with special educational needs in schools. The NCSE report on Supporting Children with Special Educational Needs in Schools has now been published and is available on the NCSE website www.ncse.ie. The report recommends that under the new resource allocation model proposed by the NCSE in its report, children should be allocated additional resources in line with their level of need, rather than by disability category. The NCSE has recommended that in the short-term, pupils with Down syndrome who are in the Mild General Learning Disability (Mild GLD) category should continue to be supported by schools' Learning Support allocation in the same way as other pupils with a Mild GLD. The NCSE policy advice did not recommend that an exception should be made for children with Down syndrome who are in the Mild GLD range, over other children who are in the mild range and who also may have other co-morbid conditions. However, the NCSE report states that it is confident that the introduction of a new allocation model will overcome the difficulty posed by all children with mild general learning disabilities, including children with Down syndrome, who have additional difficulties and who can be supported according to their level of need and in line with their learning plan process. In the meantime, schools are reminded that they can differentiate the level of learning support granted to ensure that available resources are used to support children in line with their needs.

The NCCA, as set out in section 41 (1) (a) and (b) of the Education Act 1998, advises me "on matters relating to the curriculum for early childhood education, primary and post-primary schools, and the assessment procedures employed in schools and examinations on subjects which are part of the curriculum". The NCCA recruits Education Officers with specialist expertise, on a rolling basis, based on the NCCA's plan of work, to develop programmes, subject specifications and other curricular components. The NCCA works through a consultative process which allows an opportunity for all interested parties to share their views. This intensive process should ensure that the specific history approaches, topics, events, actions etc. can be verified to be accurate. This approach also identifies the particular aspects and events in history that should be prioritised for study. Curricular documents are submitted to the Council of the NCCA for its approval. Once approved they are then sent to me for my approval.

The Higher Education Authority (HEA) submitted details of the criteria in place in both the University and Institute of Technology sectors in the charging of fees (at either the EU or higher non-EU rate) to students who do not qualify for free fees under my Department's free fees schemes. Whilst the determination of fees for students who do not qualify for free fees is a matter for the higher education institutions as autonomous bodies I have asked the HEA to ensure that consistency is applied in the sectors in the charging of fees. In this regard I have recently requested that the HEA advise the sector that students who hold EU/EEA/Swiss nationality but have not been resident in these states and have completed five academic years of study (at either primary or post-primary level) in an EU/EEA/Swiss State and commence their first undergraduate course of study in an approved institution here from the next academic year onwards should be charged the EU rate of fee rather than the higher non-EU rate.

I am anxious to ensure that children who move out of the Irish education system, and subsequently return to study at third level, and also EU/EEA/Swiss nationals, who have left their home country and subsequently come to Ireland to study at third level, should not be so disadvantaged by being charged the higher non-EU rate of fee.

In the time available and with current resource constraints, it is not possible to examine all the arrangements and conditions in place in respect of those organisations receiving funding from my Department to determine whether the clauses referred to by the Deputy form a part of these arrangements. However, it is considered unlikely that funding conditionality would include explicit prohibitions such as those stated by the Deputy. In addition to the issue of the appropriateness of imposing such prohibitions, the question of effectively assessing compliance with them would arise. As I advised in my reply of 6 February to an earlier question tabled by the Deputy, the conditionality linked to receipt of Departmental funding generally requires compliance with a number of standard critieria, including: satisfying eligibility requirements of the scheme or programme in question; reporting of projected and actual expenditure; assessment of programme activities and impacts; and full receipting of income and expenditure, with independently audited accounts. In relation to State bodies in particular, the 2009 Code of Practice for the Governance of State Bodies specifies the framework agreed by Government for the internal management and the internal and external reporting relationships of commercial and non-commercial State bodies. It also advises state bodies involved in service provision to develop service level agreements. While the Code does not specify particular clauses that are required to be included in such agreements, it requires State Bodies to serve the interests of the taxpayer, pursue value for money in their endeavours and act transparently as public entities. If the Deputy wishes to table a further question regarding a specific aspect or specific recipient of Departmental funding I will arrange to have this considered.

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding for an extension. The current status of all projects on the school building programme, including the school in question, may be viewed on my Department's website at www.education.ie. In view of the financial constraints imposed by the need, as outlined in the Five Year Plan, to prioritise available funding for the provision of essential additional school places to meet demographic demand, the Deputy will appreciate that it is not possible to indicate at this point when a major project for the school in question will be progressed. However, it is open to the school, should additional teaching posts be allocated, to apply to my Department for additional accommodation to meet its immediate accommodation needs.

I met with the General Secretary of the TEEU on 13 February to discuss the issue of the payment of the Annual Student Contribution by apprentices for the time they spend in Institutes of Technology. Arising from this meeting, I asked officials in my Department to meet TEEU to discuss any hardship issues that might arise from the payment of the contribution. Officials have met TEEU on two occasions since that meeting.

The proposal for the Strategy was submitted to me at the end of March 2014 by SOLAS and I have formally approved it in accordance with the Further Education and Training Act 2013. Arrangements are being made by SOLAS for its publication in the coming weeks.

The Deputy will be aware that under the Education Act 1998, legally, all schools are managed by school Boards of Management, on behalf of the school patrons or trustees. Accordingly, whereas I provide funding and policy direction for schools, neither I nor the Department have legal powers to instruct schools to follow a particular course of direction with regards to individual complaint cases, or to investigate individual complaints except where the complaint involves a refused enrolment, expulsion or suspension, in accordance with Section 29 of the 1998 Education Act. In dealing with parental complaints, my Department's role is to clarify for parents how their grievances and complaints against schools can be progressed. Where a parent feels that the school's board of management has failed to investigate or adequately investigate their complaint, they should contact the Ombudsman for Children. The Office of the Ombudsman for Children may independently investigate complaints about schools recognised with the Department of Education and Skills, provided the parent has firstly and fully followed the school's complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the action of the school has had a negative affect on a child. The office can be contacted at Ombudsman for Children's Office, Millennium House, 52-56 Great Strand Street, Dublin 1, (Ph) 1800 20 20 40 or (01) 8656800, E-mail oco@oco.ie. The Deputy may be aware of my commitment to the creation of a parents' charter, to strengthen the relationships between parents and schools and to set out the rights of parents. This charter may be underpinned by legislation if necessary. I believe there is a need to look at how a stronger culture of valuing parental involvement in the level of each individual school can be created.

Since the Inspectorate is part of the Department of Education and Skills, all costs associated with its work are paid from the administrative budget of the Department and costs exclusively associated with the inspection of individual educational institutions are not recorded separately from the other inspection or policy development work of the Inspectorate.

The total salary costs of the Inspectorate were €10.64 million in 2012 and €10.91 million in 2013. The inspectorate had 124 inspectors on staff at the end of 2012 and 123 inspectors at the end of 2013. The average salary cost of each inspector across 2012 and 2013 was approximately €87,000. The travel and subsistence costs for the Inspectorate were €0.84 million in 2012 and €0.85 million in 2013. The daily unit cost of inspection can be estimated on the basis of a per diem proportion of the average annual salary cost of an inspector. For 2012 and 2013 the per diem rate is estimated at €397 for each inspector day. The following table provides an estimate of the average cost of each of the main types of inspection employed by the Inspectorate in 2012 and 2013 based on the per diem rate of €397. Travel and subsistence costs are not included as these vary depending on school location.

Average cost of each of the main types of inspection in 2012 and 2013

The new Junior Cycle is based on the advice provided in November 2011 by the National Council for Curriculum Assessment in their report "Towards a Framework for Junior Cycle" which, in turn, was based on a range of research findings. For example, the commissioned research reports from the ESRI's longitudinal study of the experience of students in post-primary schooling and beyond, in particular the volumes Moving Up: The experiences of First Year Students in Post-Primary School; Pathways through the Junior Cycle; Gearing Up for the Exam: The Experiences of Junior Certificate Students; No Way Back? The Dynamics of Early School Leaving; Choices and Challenges: Moving from Junior Cycle to Senior Cycle Education; Behind the Scenes? A Study of Parental Involvement in Post-Primary Education. Other reports include a commissioned research study on 'Wellbeing and Post-Primary Schooling: A review of the literature and research' by Dr. Maeve O'Brien and the Human Development Team of St. Patrick's College, Dublin; a commissioned research study on international experiences of Standardised Testing in Lower Secondary Education by the Educational Research Centre, Dublin; and a commissioned research report on Curriculum Structures and Stages in Education: Audit of Policy Across Jurisdictions by the National Foundation for Educational Research (UK). In addition, the background work carried out by the NCCA involved investigation of international developments in lower secondary education in the OECD countries and specifically in countries/jurisdictions such as Scotland, Northern Ireland, New Zealand, The Netherlands, Finland, Canada and Australia. It is true that I have gone further than the NCCA advice in relation to assessment. I made my decision having considered international best practice and in October 2012 I published "A Framework for Junior Cycle". Based on the concerns of a number of groups, including teachers and school management, I have slowed down the pace of change. The implementation of the Framework will now be phased in between September 2014 and September 2019. Additional CPD is being provided for all subject specialist teachers and also for school leaders. In addition a full day is being provided for whole school CPD on Junior Cycle reform, subject to Board of Management approval. As the Deputy is aware, my officials are currently engaged in discussions with the education stakeholders, through a National Working Group, on the resources and the detailed modalities in relation to workload and implementation issues for schools and teachers; quality assurance and teacher assessment; and for CPD to support implementation. I do not wish to pre-empt the results of these discussions. I expect to receive a report on these issues from the National Working Group in May.

I propose to take Questions Nos. 214 and 215 together.

As I previously advised in my replies to Parliamentary Questions No. 99 and 249 dated 2nd April and 15th April, respectively, I do not have a specific date from which the prescribed model became outdated. From 2006/2007 it was recognised that the model concept was complex and multi-purpose. It was determined that parents of children with autism should have three distinct choices available to them; their child could either attend a mainstream class in their local school with additional supports as required, they could attend a special class in a mainstream school or they could attend a special school. While the responsibility for policy resides with the Minister of the Department, the responsibility for implementation of policies in the area of special educational needs resides within the Department and the NCSE. The discontinuation of the model concept in favour of the mainstream, special class and special school provision did not materially alter the provision being made for children with Autism. It is not possible to establish precisely when the changes were commenced and it is likely that the changes were introduced by agreement between the Special Education Section of my Department and other relevant sections and bodies. As the model concept was mainly used internally in my Department, by NEPS and officials in the Special Education Section, it was not necessary to communicate formally to schools. Individual schools continued to be supported by NEPS, NCSE and the Inspectorate as appropriate and received any necessary guidance and information through these means. In the course of the period of transfer from the Department to the NCSE, which fully concluded in or around 2008, the language around Model A had fallen into disuse and was replaced by the type of correspondence between schools and the NCSE which is seen largely today.

I wish to advise the Deputy that all communications between my Department and its legal team, in the context of any litigation, are the subject of legal professional privilege.

In line with the Primary Curriculum for English, children should be enabled to engage in shared reading activities to support the development of their literacy skills. To support their pupils' learning, teachers are encouraged to vary the organisational groupings in their class and this may include shared reading and/or guided reading. There is a particular emphasis on literacy in DEIS schools. The DEIS School Support Programme includes, amongst other measures, access to literacy support services and to literacy programmes and to Home School Community Liaison services including literacy initiatives involving shared reading and Reading for Fun. There are 658 DEIS primary schools. Outside of DEIS primary schools there are no specific grants in place to support the development or implementation of shared reading in all primary schools.

The Castletown Estate was originally donated to the State in 1994, by the Castletown Foundation, for a consideration of £10.00. The Office of Public Works (OPW) took over the management of Castletown House and Demesne in 2004, and prior to this the property was in the care of, and administered by, the Minister for Arts, Heritage, Gaeltacht and the Islands; the Minister for Community, Rural, and Gaeltacht Affairs; and finally the Minister for the Environment, Heritage and Local Government.

Since 2004, it is estimated that the total annual outlay by the Office of Public Works on preservation, conservation, presentation, guiding, upgrading, maintenance, landscaping, security and administration is as follows:

Additional lands were acquired by the Office of Public Works since 2004 as follows:

- The Batty Langley lands in 2006 for €2,000,000; and

- the former Coillte woodlands to the north and east of the main house in 2007 for €1,350,000

These sums are not included in the above table.

Fingal County Council has submitted an application for a Deed of Waiver in its favour for lands contained within Folio 45020F Co. Dublin (The Strand Estate, Donabate). The most recent communication was received on the 1st April 2014 and the matter is being considered by the OPW with the advice of the Chief State Solicitor’s Office. A response will issue in due course.

The Deputy refers to comments I made as part of my address to the OPW Flood Risk Management Conference on 10th April 2014.  My remarks reflect national and international agreement that climate change is a fact that must be addressed. I would refer the Deputy to the most recent IPCC report on the matter.

I propose to take Questions Nos. 222 and 235 together.

In line with the approach to heritage buildings under Government Contract procedures for works to Protected Structures, a number of investigative contracts have already been executed at the former Kilmainham Courthouse which have addressed fabric issues including works of structural consolidation internally and extensive external maintenance work to the building. These works, and the information gained through investigation, were necessary in order to inform the statutory permission application process for the works to adapt the building for visitor uses associated with nearby Kilmainham Gaol. A formal Planning Application for this element will be made shortly.

Completion of the project and provision of new facilities will be provided by a separate main contract proposed to commence later this year. This is scheduled to be completed and new visitor facilities provided before the 2016 anniversary of the Easter Rising.

The draft Final Feasibility Report for the proposed Arklow flood defence scheme was submitted to the Office of Public Works (OPW) by Arklow Town Council (ATC) late last year. The report has been assessed by the OPW and comments in relation to some technical aspects of the proposals have been forwarded to ATC for consideration. When the report is finalised and, provided the preferred scheme is economically and environmentally viable, the OPW and ATC, in conjunction with Wicklow County Council, will decide on the most effective means of progressing the project.

I wish to re-iterate my commitment to ensuring that an effective flood relief scheme will be progressed in Arklow. In this regard, the OPW has made provision for the construction of a flood relief scheme for the town in its multi-annual capital expenditure profiles for flood risk management.

The Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In this regard, Minister of State Brian Hayes worked closely with Senator Feargal Quinn to develop the Senator's private member's Construction Contracts Bill into a robust piece of legislation. The Bill passed all stages of the Houses of the Oireachtas in July 2013 and was signed into law on the 29 July 2013.

Two further steps are necessary for the operation of the legislation prior to its commencement.  The first, a comprehensive code of practice for the conduct of adjudication, has been the subject of consultation with key stakeholders. The final draft of the code of practice was circulated to stakeholders in March. The second element requires the establishment of a panel of adjudicators and a chair of that panel to be appointed.  The chair of the panel will appoint an adjudicator where parties to a payment dispute (that has been referred to adjudication under the Act) fail to agree on an adjudicator between them. Officials in my Department are working on the details of the structure for the panel, its set up and operation and this will shortly be circulated to stakeholders for consultation.  Once this process is concluded, the panel will be advertised and once the appointment process to the panel is concluded the Act will be commenced.

The frustration that many contractors experience when faced with non-payment is understood and was the reason the legislation was included in the Programme for Government.  The mechanisms required for the successful delivery of the legislation are complex and, although similar legislation operates in other jurisdictions, aspects of the Act such as the panel of adjudicators must be carefully considered to ensure the Act will operate as intended.

I assume that the Deputy's question relates to public service pensions only, and that it does not comprehend the various social insurance-linked and other pensions paid by the Department of Social Protection.

Public service pensions are not centrally administered. Instead the large number of separate public service pension schemes are operated by individual employers or sectoral authorities. In the context of this non-centralised administrative model, detailed information of the kind sought by the Deputy is not available to my Department. However, certain relevant information is available from the results of an exercise carried out in 2012 and 2013 by my Department in connection with the aggregation of pensions for purposes of the Public Service Pension Reduction (PSPR).

As the Deputy will be aware, the PSPR imposition on certain public service pensions was introduced on 1 January 2011 as provided for in the Financial Emergency Measures in the Public Interest Act 2010. Section 69 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 subsequently amended the 2010 Act by providing that public service pensioners who have two or more qualifying public service pensions should have those pensions subjected to PSPR on a combined or aggregated basis, not separately as was originally the case. Section 5(5) of the Financial Emergency Measures in the Public Interest Act 2013 modified this requirement to aggregate pensions for PSPR purposes so that it only applies to persons whose multiple public service pensions, before application of PSPR, have a combined value of over €32,500.

In order to facilitate the implementation of PSPR aggregation, my Department conducted an exercise to ascertain those pensions in payment that would be subject to PSPR aggregation. Based on this exercise, the number of public service pensioners who receive more than one public service pension, and in respect of whom the combined value of those pensions, on a pre-PSPR basis, exceeds €32,500, is estimated at about 1,300, and the cumulative annual pay-out value of those pensions is estimated at about €70 million. I should point out that a significant proportion of multi-pension cases in the public service are represented by persons who, in addition to their own retirement pension, receive a survivor's pension in respect of a deceased public service spouse.

While we are open to consider a proposal for community involvement, the former Garda Station at Ardagh has been identified for disposal on the open market and a decision on the property remains under consideration by the Commissioners of Public Works.

As I indicated in the reply to the Question the Deputy refers to, the Government decided on 11th February, 2014 to allocate €69.5 million for repair and remediation works to public infrastructure damaged in the storms from 13th December 2013 to 6th January 2014, of which up to €19.6 million was allocated for repairs to damaged coastal protection and flood defence infrastructure. The allocation of funding under the Government Decision was to specifically address the repair of existing damaged infrastructure.

The proposal submitted by Clare County Council in relation to Clohaninchy was for the construction of a new coastal protection rock armour or similar structure and it therefore falls outside the scope of the Government Decision of 11th February. A new coastal protection scheme for Clohaninchy would involve very significant investment and require detailed prior study and assessment to determine that it will achieve the intended design objective and be economically and environmentally viable. Clare County Council will need to address this separately and outside of the current process aimed at repair.

Clare County Council is undertaking the Ennis South flood alleviation project covering the St. Flannan's College and Ballybeg areas in Ennis with funding being provided by the Office of Public Works (OPW). As indicated in reply to the Deputy's Question on 4th February, 2014, the OPW raised certain issues in relation to aspects of the initial cost benefit analysis report for the scheme prepared by the Council. An amended cost/benefit report has recently been submitted to the OPW by the Council and it is currently being reviewed.

If the OPW is satisfied that the amended report demonstrates the economic viability of the scheme, Clare County Council has indicated it would be in a position to commence the procurement process for the works contractor within a short time-frame. The OPW has made provision for the scheme in its multi-annual budget profiles.

An application by Clare County Council for funding under the Office of Public Works (OPW) Minor Flood Mitigation Works and Coastal Protection Scheme for works to alleviate flooding at Dooras, O'Callaghan's Mills is currently being assessed. The OPW will notify the Council of its decision shortly.

The Office of Public Works (OPW) has no statutory responsibility for the maintenance of Reendonegan Lake, Bantry, Co. Cork and I have not received a report from OPW officials on storm damage at this location.

The Government Decision of 11th February 2014 allocated total funding of up to €69.5m for repair of public infrastructure and facilities damaged by the severe weather events in the period 13th December 2013 to 6th January 2014 based on estimates of costs provided by Local Authorities to the Department of the Environment, Community and Local Government (DoECLG). The allocation included up to €19.6m for repairs of existing coastal protection and flood defences, to be channelled through the Office of Public Works (OPW). Of the total of €19.6m, €1,057,000 is available to Cork County Council for repair of built coastal protection and flood defences.

The Department of the Environment, Community and Local Government wrote to Cork County Council notifying it of its allocations in respect of each category of infrastructure covered by the Decision and requesting that the Council submit a programme of works within these allocations. The Council recently submitted a programme of repairs of coastal protection and flood defence infrastructure and the OPW has written to the Council in this regard. The Council's programme did not include works to repair damage at Reendonegan Lake.

The Minister for the Environment, Community and Local Government will shortly be reporting to Government in relation to repair costs arising from severe weather events in the period 27th January to 17th February, 2014 which will contain estimates from local authorities of the cost of repairing infrastructure damaged in that period. It is a matter for Cork County Council in the first instance to consider if the damage to Reendonegan Lake is appropriate for inclusion in its programme of works.

The stated policy in relation to the closed garda stations, including Goleen, is to identify if other State Bodies, including government departments and the wider public sector have a use for the property. If no other State use is identified, the Office of Public Works (OPW) will then consider disposing of the property on the open market, if and when conditions prevail, in order to generate much needed revenue for the Exchequer. If a decision is taken not to dispose of a particular property the OPW would consider community involvement subject to the receipt of an appropriate business case.

The Commissioners of Public Works are currently assessing the options for this property and I can confirm that the OPW have received a submission from a local community group interested in licensing the property.

I propose to take Questions Nos. 232 and 233 together.

The Swan River has been culverted by Dublin City Council as part of its urban drainage responsibilities for the area, in effect incorporating the river wholly, or practically wholly, into the urban drainage system which was designed, constructed and is maintained by the local authority. Any transfer of responsibilities between the Council and Irish Water in relation to its maintenance and management is a matter for those bodies.

I propose to take Questions Nos. 234 and 246 together.

The reform of Freedom of Information legislation is central to the Government's goal of enhancing public governance through a significant strengthening of openness, transparency and accountability of government and public administration.  In that regard, the Deputies may wish to note the speech I delivered at a Public Affairs Ireland Conference last month on this objective which is available at www.per.gov.ie/speeches.  

I have taken the decision to replace Sections 15 and 16 of the Freedom of Information Act 1997 with Section 8 of the new Freedom of Information Bill, which provides that each public body will publish a publication scheme instead of the Section 15 and 16 manuals.  Given technological and ICT developments in the 16 years since FOI was first introduced and the migration of such information to websites, these manuals are not considered an effective way of promoting the proactive publication of information into the public domain.  Publication schemes are regarded as good practice in FOI in other jurisdictions as a means of disseminating information relating to functions and activities of public bodies.  

There has been a misconception in some quarters that public bodies will decide themselves on what should be included in their publication schemes.  This is incorrect.  Under the new Bill when enacted, FOI bodies will be required to prepare and publish a publication scheme in accordance with either a model publication scheme or in accordance with guidelines to be made or revised by me as Minister.  Furthermore, as can be seen from Section 8(7) of the Bill (as approved by the relevant Dáil Committee), the model schemes and guidelines can only be made following consultation with the Information Commissioner and such other Minister as may be appropriate.  I would also point out that Section 8 of the Bill provides that the information published under the publication scheme will be reviewed at least on an annual basis and that, in the case of a person unable to access a website and who requests details of the nature of records held by a public body, details will be provided in written form.  

The introduction of publication schemes is intended to facilitate much more proactive publication of information by public bodies.  Greater publication of official data and information is also consistent with the Government's commitment to participate in the multilateral Open Government Partnership.  In addition, as the Deputies will be aware, a review of FOI was carried out last year which resulted in the drawing up of a draft Code of Practice on the implementation of the FOI Act.  While the model publication schemes or guidelines to be made by me are being developed, the draft Code will include general guidelines for public bodies on the appropriate content for publication schemes including provision for the publication of extensive information on:

- the nature, role, responsibilities and activities of public bodies including the structure;

- strategy and policy for delivering functions and services;

- classes of records held (e.g. publications, legislation, consultation procedures and processes, Ministerial speeches and press releases);

- circulars, guidance, procedures and rules used by the body for the purposes of decisions, determinations or recommendations under or for the purposes of any enactment or scheme implemented by the body (e.g. involving grants) concerning the rights, obligations, penalties etc to which members of the public are or may be entitled or subject;

- details of services provided by the body including how such services may be accessed;

- details of expenditures over an agreed threshold;

- information about the procurement of goods and services;

- information that is sought on a regular basis that would not be exempt under FOI;

- any rights of review or appeal in respect of decisions made by the body;

- contact points and locations.

The Deputy may, therefore, wish to note that a public body's publication scheme will effectively encompass the relevant information which previously would have been subject to section 16 of the FOI Act.  There will, therefore, be no diminution in the volume and quality of information provided into the public domain, rather as set out above, the approach is expected to lead to a substantial increase in the public availability of official information.  I will be submitting the draft Code of Practice which will set out the details of the proposed publication scheme model to Government for approval to initiate a public consultation on the Code of Practice in due course.

The process of setting of pay rates for individual grades across very different sectors of the Public Service is a complex exercise based on a variety of factors including qualifications, experience, skills, expertise, responsibility and work environment of the grades concerned.  In addition, the effect of collective bargaining in certain sectors, the outcome of pay review exercises undertaken by independent bodies from time to time and, not least, the pay rate reductions done as part of the fiscal consolidation over the period 2009 to 2013 have added to the complexity of rates of pay in the public service, particularly for new entrants. Pay rates sanctioned by my Department across the public service are set, having regard to the contexts set out above, at a level of pay that is considered necessary to attract the necessary skills to particular roles, having regard to the rates of pay available by other employers, while being affordable to the Exchequer, and no distinction is made between persons from a public or private sector background.

The sluice gate mentioned by the Deputy was not installed by the Office of Public Works (OPW), does not form part of an OPW arterial drainage scheme and the OPW is not responsible for its maintenance.

It remains open to Kerry County Council to apply for funding under the OPW's Minor Flood Mitigation Works and Coastal Protection Scheme for proposed measures that meet the eligibility criteria of the Scheme. Any application received would be assessed under these criteria, which include a requirement that any measures are cost beneficial, and having regard to the overall availability of funding. Application forms are available on the OPW's website www.opw.ie under Flood Risk Management. It is also open to the Local Authority to carry out works using its own resources.

The Office of Public Works (OPW) has no responsibility for the maintenance of this river. It is open to the Local Authority to apply for funding under the Minor Works scheme to carry out some cleaning of the river.

The Office of Public Works (OPW) has not carried out or commissioned any formal studies into flooding at Ballycar Lough. A report was prepared in 2011 for Iarnrod Eireann setting out a number of possible measures to address this problem which primarily affects the main Ennis to Limerick railway line. A copy of this report was made available to the OPW.

The report identified as a preferred solution the provision of a piped culvert to increase the discharge from the Lough, with an eventual discharge into a back-drain system behind flood-defence embankments maintained by the OPW. The OPW has some concerns with this proposed option. This is a tide-locked area containing, amongst other things, some internationally critical low-lying transport infrastructure. The back-drain system can fill with water and, on occasion, it overflows onto the land when the tide prevents discharge through the embankment. The preferred solution identified in the report would increase the flow into the back-drain system and would therefore increase the flood levels when the system is blocked by the tide.

The report however did not consider the cost of measures that would be necessary to mitigate this risk. The option of raising the railway line must be considered as an alternative. The estimated cost of raising the railway line is only marginally higher than the cost of the solution preferred by Iarnrod Eireann. When the additional cost of implementing the further mitigating measures that would be required for the Iarnrod Eireann preferred option are taken into account, this tilts the economic argument in favour of raising the railway line.

The Office of Public Works has consistently stated that this flooding impacts primarily on the railway line, that the railway line would be the main beneficiary of flood mitigation measures and that it is therefore a matter for Iarnrod Eireann, as owners of the railway line, to resolve their problem.

I stated in the Dáil recently that the OPW will work constructively with the relevant parties to find a solution to the problem but that Clare County Council should take the lead in the matter. The OPW will participate in any meetings to be organised by Clare County Council with Iarnród Éireann, and the local community.

PeoplePoint is committed to developing a culture of continuous improvement which seeks to enhance all aspects of its operational performance over time.  While monitoring takes place on a daily basis of how long it takes for individual calls to be answered, no mechanism is currently in place to provide the specific information set out in the Deputy's question.  Information on a number of key measures of customer service and customer satisfaction is, however, collected and analysed on an ongoing basis to seek to ensure that a good standard of service is provided by PeoplePoint.  This information will provide the basis for the finalisation of key performance indicators for the organisation.  It is a priority for management and staff in PeoplePoint to deal effectively and efficiently with all telephone queries received by the organisation.  These calls by their nature relate to HR and pension issues which are of concern to the caller and the Deputy will appreciate that in those circumstances it is important that sufficient time is allocated by the HR adviser in PeoplePoint to ensuring that each call is properly dealt with, consistent with the maintenance of PeoplePoint's operational effectiveness overall.  In addition there have been particular periods where reflecting specific circumstances the volumes of calls into PeoplePoint has created longer waiting time for telephone callers. PeoplePoint management is continuing to work with my Department to address this issue in the future.

The Deputy may wish to note that in overall terms the provision of Human Resource (HR) and pension services involves both transactional (i.e. administrative) and non-transactional HR and pension activities (e.g. HR strategy, workforce planning, career management, employee and industrial relations, etc.). PeoplePoint, the Civil Service Human Resources and Pensions Shared Service Centre (HRSSC), consolidates the transactional HR and pensions services which are within the scope of the shared service initiative in one location with the objective of carrying out these activities in an efficient, uniform and streamlined way. Responsibility for all other aspects of HR functions and for all aspects of HR decision-making not transferring to PeoplePoint remains with Departments and Offices participating in PeoplePoint and these activities continue to be carried out by their individual HR Units.

During the period March to April 2014, some staff in PeoplePoint availed of the opportunity to work overtime.  The total cost of this overtime was €16,056 gross. The request for overtime was sanctioned in accordance with the relevant guidelines for my Department. The overtime was applied for in advance to the Head of Strategic HR and was sanctioned on the basis of specific business needs pertaining at that time. Again, in accordance with standard practice in my Department, each individual overtime claim form is subject to authorisation by the HR Strategy Unit. Any further requests for overtime that may arise in PeoplePoint will be subject to the same sanction procedures.

The need for overtime can, on occasion, arise within certain Divisions and Business Units given the nature of the functions they carry out and issues of timing and deadlines. The approval of overtime is therefore sometimes necessary to ensure the effective operations of the Department. Nonetheless, I would like to assure the Deputy that every effort is made to limit and minimise the necessity for overtime, and PeoplePoint, like all other Business Units and Divisions across my Department, is required to restructure and adapt procedures and work practices where necessary to curtail the need for overtime.

The 2012 financial appraisal underpinning the decision to proceed with this project estimated that, when fully operational, savings of €12.5m per annum and a reduction of 149 full time equivalents (FTEs) could be made in the resources assigned to delivering transactional (i.e. administrative) HR and pensions services to the Civil Service.  PeoplePoint is also intended to yield important non-financial benefits, including improved efficiency, consistency and service delivery.  Carrying out a detailed financial appraisal for any project of the scale of PeoplePoint is an essential element of project governance and accountability.

A key driver of savings in this project is a reduction in the number of staff providing transactional HR and pension services.  My Department has been engaged in tracking and reviewing the progress achieved to date in securing reductions in the number of staff providing transactional HR and pensions services from HR Units to the Civil Service on a tranche by tranche basis with a view to reporting to Government on progress. The Deputy may wish to note that the projected reductions in FTEs set out in the financial appraisal would only be expected to be achieved once PeoplePoint is stable and fully operational.

The pitch allocated to the Garda GAA Club continues to be used by the Club. It has recently upgraded the playing surface and goalposts.

The Ramolin area, near Shrule, is a turlough which is subject to a natural flooding process each winter. The flood extent this year has been greater than normal and the water has taken a longer time to recede. Engineering officials from the Office of Public Works (OPW) met with a delegation from Shrule last month to consider the situation. One solution that has been suggested would be to drain the turlough into an OPW drainage scheme channel. This would involve 500m long excavation up to 1500mm deep through rock and clay including a culvert under a national primary road. This would be a very costly solution. A similar solution was proposed in 1995 by the OPW but was rejected by Mayo County Council on environmental grounds. There was a legitimate concern at the time that the proposal would affect the quality of a local potable water supply. Therefore, for an overground engineering solution that could resolve the problem, the costs and environmental implications would appear to be prohibitive.

It is, of course, open to Mayo County Council to apply for funding under the OPW's Minor Flood Mitigation Works and Coastal Protection Scheme for any mitigation measures that meet the eligibility criteria of the Scheme but, in this instance, it is difficult to see how the cost benefit could be justified as no homes were flooded during this recent event. All applications are assessed under criteria which include a requirement that any measures are cost beneficial, and having regard to the overall availability of funding. It is also open to the Local Authority to carry out works using its own resources.

Notwithstanding any of these options, the OPW Arterial Drainage Division in Headford will continue to maintain all maintainable scheme channels in the area, some of which have been included as part of the 2014 works programme.

Shannon Development was set up as Shannon Free Airport Development Company by the Government in 1959 to promote the airport and region. Over the last 55 years the staff and management of Shannon Development have made a very considerable contribution to the growth and success of the Mid West Region. The enactment of the State Airports (Shannon Group) Bill will establish Shannon Group Plc. Shannon Development and Shannon Airport Authority Plc will become subsidiaries of Shannon Group Plc. Shannon Castle Banquets and Heritage Limited (trading as Shannon Heritage) remain a subsidiary of Shannon Development and therefore also becomes a subsidiary of Shannon Group. A restructured Shannon Development will be renamed Shannon Commercial Enterprises Limited to reflect its new mandate.

Shannon Group Plc will comprise four strategic business units focused on delivering economic benefits for the west of Ireland and the wider national economy. It will combine the property ownership and management activities of Shannon Development together with the activities of Shannon Heritage, Shannon Airport and an International Aviation Services Centre (IASC). The vision for Shannon Group Plc is for a revitalised Shannon Airport encompassing not only the airport and its airline activities but also a broad-based aviation industry cluster centred on the airport and on the adjacent Shannon Free Zone lands. IASC will work to establish a globally recognised and internationally competitive aviation industry cluster at Shannon, building on the 40 aviation companies who have already chosen Shannon as their preferred base.

I am informed by Enterprise Ireland that they have an active engagement with the companies concerned that the Deputy has referred to. Enterprise Ireland’s objective in working with all of its client companies is to bring the best expertise, advice and support to bear on the company’s development plan. Given its role of assisting companies to grow and internationalise, Enterprise Ireland, through its interactions and by addressing business opportunities and challenges with companies, evolves and tailors its approaches to working with its clients. This is an ongoing process and each company presents its own development plan and journey which is unique to that company.

Enterprise Ireland consults regularly with its clients and is active in taking feedback about the challenges facing Irish companies, in addition to the factors underlying the many success stories which exist across the country. Enterprise Ireland places considerable importance on sharing the experience of successful entrepreneurs and business leaders with nascent entrepreneurs and start-ups as well as companies striving to scale and enter new markets. In essence, Enterprise Ireland promotes experience and knowledge sharing among companies and peers in business. Enterprise Ireland does this through the establishment of networks, peer-to-peer groups and by supporting mentoring of businesses.

The Deputy will be aware that yesterday, on behalf of the Government and together with the Taoiseach, the Tánaiste and the Minister for the Environment, Community and Local Government, I formally launched the 31 Local Enterprise Offices (LEOs) throughout the country. The LEOs represent a transformation of the support structure for micro and small enterprises across every county. The new service means that national enterprise policy and local business supports have been brought together to strengthen the local business culture and environment, combining the best of the former County and City Enterprise Boards and the Local Authorities, overseen by the Centre of Excellence in Enterprise Ireland. The 31 LEO Offices are now the local hub for enterprise support and will deliver not just the existing range of supports that were available from the CEB network, such as mentoring, but in addition will provide:

- An enhanced advice and guidance service embracing all other local and national supports, backed by protocols relating to information exchange, mutual contacts and client referrals with other key agencies – (Revenue, Social Protection, and the Credit Review Office);

- Seamless progression of clients to Enterprise Ireland;

- Direct referral to the Microfinance Ireland and Loan Guarantee Schemes and;

- Direct advice and guidance on Local Authority rates, procurement and regulations affecting business.

I should also point out that I have been very active in seeking the input and views of a broad cross-section of companies and entrepreneurs in Ireland, particularly as part of the development each year of the Action Plan for Jobs.

I am very conscious of the prospects for job creation and exports presented by the automotive sector and I agree with the Deputy that the UK automotive industry represents a considerable opportunity for companies based in Ireland, as it is the fourth largest vehicle manufacturer in the EU. Currently, more than 60% of the sub supply into that automotive industry is sourced from international suppliers, the majority of which are within the EU, so there are opportunities to be pursued.

Ireland has already secured a strong foothold in this sector, which we wish to expand, and through active engagement by both IDA Ireland and Enterprise Ireland we are seeking to maximise the economic benefits for companies located here. The sector is largely based in regional locations and has had a strong positive impact on local towns and surrounding areas. Many of the companies have close working relationships with the main automotive manufacturers and collaborate on the development of new features and models. Indeed some companies based in Ireland are currently working with the major European and US auto manufacturers on developing technologies for cars yet to be launched.

Existing multinational operations in this sector in Ireland employ over 3,000 people with companies such as Kostal, Autolaunch, Valeo, Lisk, Kirchoff and Bruss, all supplying the main European auto manufacturers. This relationship is encouraged and supported by IDA through the Research, Development & Innovation Programme which enables companies to become active in developing new products for the industry. IDA is actively engaged with these existing companies and is marketing Ireland as a location for new investment in this sector in Britain, Europe, US and the Far East. Success to date is supported by Ireland’s strong position in converging technologies such as software, electronics, sensors and communications, all of which have growing importance to the global car manufacturers who are developing the next generation of products.

We also have a thriving group of Irish-owned companies in this sector, currently employing over 1,400, and Enterprise Ireland provides support to these indigenous companies who supply both the automotive and aviation industries in respect of precision engineering, toolmaking, plastics and metal fabrication. Enterprise Ireland also holds specific events for this sector e.g. the Automotive Cluster Information Day held in January 2014 brought together a group of Irish companies with the capabilities to target growing opportunities in the UK automotive sector. Building on this, in June 2014, Enterprise Ireland will participate in a ‘Meet the Buyer’ event hosted by the UK Society of Motor Manufacturing and Traders. In addition, Enterprise Ireland has engaged with a cluster of Irish companies to take the lead in the development and deployment of electric car chargers and systems for ‘e-cars’. Also, applications were open this year to new start-ups in the automotive sector under Enterprise Ireland’s Competitive Start Fund. Successful applicants may be awarded €50k investment in their business plans.

In relation to the Manufacturing Sector in Ireland generally, I commissioned Forfás to produce a Strategy for the growth and development of this key economic sector. This Strategy, entitled ‘Making it in Ireland: Manufacturing 2020’ contains recommendations that address all key aspects of manufacturing capability in Ireland, and work is on-going on their implementation. The Strategy identifies that 20,000 additional jobs can be created in the Manufacturing Sector by 2016 and I support the work of the enterprise agencies and stakeholders in pursuing this objective.

I consider that it is not practicable or effective to establish jobs task forces or specific jobs plans around the country as a general mechanism to address high unemployment. I believe that to embark on such a course would involve diverting the various State Agencies from their on-going efforts to create jobs. A considerable administrative commitment is involved in servicing any additional committees and groups which may be set up and, given the constrained staff resources facing all public sector bodies at present, I am strongly of the opinion that establishing such additional groups, except in very exceptional circumstances, would not be in the best interests of using the State’s resources effectively.

I am informed by IDA Ireland that the property mentioned by the Deputy is not in the ownership of the Agency. The Agency has assured me that it will continue to promote and market all available land and buildings in Co. Kerry including its own 12 acre Business and Technology Park at Tiernaboul, Killarney and Kerry Technology Park in Tralee to overseas clients wishing to invest in Co. Kerry.

At present, there are 12 IDA Ireland client companies in Kerry employing 1,638 people. IDA Ireland has strong relationships with all these companies and works closely with them to ensure their long term sustainability and to encourage their growth, development and continuing re-investment in their sites. The primary opportunity for regional locations is in respect of the existing client base and potential further investment opportunities from same. Approximately 70% of all FDI investments won by IDA Ireland is from the existing client base. When marketing Kerry for new inward investment IDA Ireland particularly focuses on the ICT (incl. software), International Financial Services and Globally Traded Business sectors.

The ICT sector forms a key part of the Government’s plans for jobs and growth, and since we have come to office we have seen an increase of more than 11,000 in the number of people at work in this sector. International research has shown that every high-tech job created leads to an additional 4-5 jobs elsewhere in the economy. The Expert Group on Future Skills Needs predicts that there will be a total of 44,500 job openings in the ICT sector over the period to 2018. We have set out the ambition of making Ireland the most attractive location in the world for ICT skills, and we are delivering on that through a combination of Irish educated people and talent from abroad. Through collaborative actions identified in both the Action Plan for Jobs and the ICT Skills Action Plan for delivery by Government Departments, State Agencies and, most importantly, industry stakeholders, we can ensure that we continue to foster the growth of Irish companies and attract multinational companies in this area, and ultimately help deliver the jobs in Ireland that we so badly need.

IDA's Horizon 2020 strategy is based on attracting FDI from a number of different sectors. By achieving on the delivery of a diverse range of FDI investment into Ireland, one can avoid over reliance on any particular sector. The following table outlines the main area of job growth by IDA client companies in 2013, new jobs by sector.

Table shows 2013 Main Areas of Growth – New Jobs by Sector

I am not aware of the detail referred to in the question. The Free Trade Agreement between the EU and Columbia contains important tariff free access to EU markets for key interests of Colombia. These include access to the EU market for key agricultural exports from Colombia including sugar, flowers, coffee, bananas and other fruit and beef, whilst also protecting Columbia’s sensitive products such as pork, poultry, corn and rice. For some products that are important for Colombia’s farmers, the trade agreement provides lengthy transition periods, some up to 15 years, before EU exporters can obtain tariff and quota free access to the Colombian market. Studies undertaken on behalf of the EU indicate that the Agreement will increase Columbia’s GDP by 14%.

The question of the European Union’s Common Agricultural Policy comes within the remit of the Minister for Agriculture, Food and the Marine. However, I am informed that by 2013, at least 93 % of direct payments paid in the EU were decoupled from a requirement to produce a specific agricultural product, with the result that farmers produce for market opportunities. Studies and economic modelling have shown that direct and decoupled payments do not influence production decisions, and for this reason, they are regarded as non-trade distorting in the context of World Trade Organisation rules. Additionally, the role of export refunds is almost marginal in the context of EU agricultural exports. The EU-Colombia Agreement foresees the elimination of export subsidies.

The EU-Colombia Agreement also contains provision for agricultural safeguards which can be activated by a quantity trigger mechanism when imports exceed a specific level. This allows for additional import duties to be applied by Colombia to protect its agriculture sector in the event of a sudden and significant increase in imports. The agreement also provides for the setting up of an agriculture committee to monitor the impact of the agreement on this sector. I have no role in any trade agreement between Colombia and the US.

An application in respect of the person named by the Deputy was refused by my Department on 11th April 2014 for the following reasons. It appeared from the information received supporting the application that the position on offer was one of the occupations currently ineligible for a new employment permit. In addition it appeared that insufficient efforts were made to recruit an Irish or EEA/Swiss National for this position by advertising with DSP Employment Services/EURES and also in national or local newspapers or on a job website (other than DSP). Finally, the level of remuneration offered in respect of a post for which a permit was sought was less than the minimum remuneration of €30,000 per annum required.

The applicant in this case may request that this decision be reviewed in accordance with Section 13 the Employment Permits Act, 2006, within twenty-one days from the date of the refusal letter that issued in respect of this application. Any such submission, addressed to the Appeals Officer, Employment Permits Section, Department of Jobs, Enterprise and Innovation, Davitt House, Adelaide Road, Dublin 2, will be considered on the basis of the evidence available to my Department and any further information of relevance that the applicant may wish to submit.

This inaugural Ones to Watch event held on Wednesday 9th April 2014, at the Irish Embassy in London focused on supporting Irish High Potential Start-Up (HPSU) companies aiming to accelerate their sales growth and consolidate relationships in the UK market. The event followed on from the HPSU Showcase held in Dublin Castle on 19th February 2014.

These early stage companies have been supported through investments from Enterprise Ireland in 2013 and represented the latest wave of innovation across all sectors, from retail and health care to HR and cleantech.

A significant number of Enterprise Ireland HPSU clients have indicated that the UK is a key priority for them. Enterprise Ireland both at home and overseas, work in partnership to actively support businesses to develop new market entry and sustainable market growth strategies. The objective of this event was to help ensure that Irish companies are thoroughly prepared and capable of success in this highly competitive global market.

The event had 2 elements to support this objective:

1. A workshop attended by 40 HPSUs who have identified the UK as their key export market. The workshop provided practical assistance on the development and implementation of a UK market entry strategy; and

2. An evening networking event attended by 160 guests, which included 60 of the HPSU client companies’ key UK customers and partners; Strategic UK experts across a range of disciplines who can assist companies in their UK market development; Leading British Investment institutions.

Eamon Gilmore, Tánaiste and Minister for Foreign Affairs & Trade, welcomed guests to the evening networking event.

The Employment Appeals Tribunal and the Rights Commissioner Service are independent in the exercise of their quasi-judicial functions and I have no direct involvement in their day to day operations. In terms of Rights Commissioners, at the end of 2013, an offer of a first hearing for a referral under the Unfair Dismissals Acts to the Rights Commissioner Service was generally made in the region of 8-12 weeks, inclusive of the statutory 3 week ‘holding’ provided for in legislation. This is still the position in 2014.

I believe that more can be done and is being done to reduce waiting times. An Early Resolution Service was introduced by the Labour Relations Commission on a pilot basis in mid-2012 to provide parties in dispute with an early opportunity of resolving their issues with the help of a Case Resolution Officer (CRO). If the case remains unresolved following the intervention of the CRO, it is scheduled for hearing within four weeks of it being returned to the Rights Commissioner Service. The Tribunal hears claims under 18 separate pieces of legislation, some of which are lodged as direct claims to the Tribunal and others which come to the Tribunal by way of appeal or implementation of a Rights Commissioner’s recommendation/decision.

I am informed that at the end of March the waiting period for a hearing, including unfair dismissals, from the date of application was 61 weeks for Dublin and an average of 70 weeks for the rest of the country. The Tribunal conducts hearings in about 29 locations around the country. Where the number of cases is relatively small, the Tribunal may wait until a sufficient number of cases are on hand to make a visit worthwhile. In such areas, 5 days of Hearings may reduce the “waiting time” in the area concerned by 30 to 40 weeks. As such the waiting times fluctuate on an ongoing basis. I understand that the Tribunal targets those areas with the longest waiting period and highest level of claims outstanding; within the resources it has currently available. The Tribunal has been pro-active in driving efficiencies. Divisions of the Tribunal are sitting longer, hearing more cases per hearing and seeking to manage the caseload to maximise efficiency. As part of the drive for efficiencies, the Tribunal streams cases that are envisaged to be more straight-forward.

I am also undertaking a root and branch reform of all five Workplace Relations Bodies. My objective is to deliver a world-class workplace relations service which is simple to use, independent, effective, impartial, cost effective and provides for workable means of redress and enforcement, within a reasonable period of time. A new two-tier Workplace Relations structure will be established comprising two statutorily independent bodies replacing the current five. This will comprise of a new single body of first instance to be called the Workplace Relations Commission (WRC) and a separate appeals body, which will effectively be an expanded Labour Court. All complaints will be dealt with by a single body of first instance where the aim will be to have a hearing within three months from the time the case is lodged.

The preparation of the legislation which will give effect to the new workplace relations structures is at an advanced stage. My intention is to publish the Workplace Relations Bill during the Spring/Summer Dáil session 2014 with a view to having the new structures in place during 2014.

An employee may make a complaint directly to the Rights Commissioner Service and the Employment Appeals Tribunal under employment legislation. The enforcement of both Employment Appeal Tribunal (EAT) determinations and Labour Court rulings is a matter for the courts. The National Employment Rights Authority (NERA) is not in a position to provide details of the number of cases where the findings of the bodies referred to have not been honoured by the employers.

In cases other than those covered by the Payment of Wages Act, the Enforcement Services Unit of the National Employment Rights Authority (NERA) has some capacity to have a determination of the Employment Appeals Tribunal enforced through the civil courts. In all cases the party to whom an award is made may pursue the matter of enforcement of an unpaid award directly with the courts service. The following table provides a summary of the cases in respect of which requests were made to the Minister to institute civil enforcement proceedings in 2012 and 2013.

As you will be aware I am currently undertaking a major reform programme of all of the Workplace relations bodies. It is hoped that we can deliver a "fit for purpose" workplace relations system that will be supported by proportionate, effective and efficient compliance and enforcement measures. It is my view that the current system of enforcement of employment rights awards is cumbersome, expensive and, accordingly, not "fit for purpose". For this reason, I am proposing to make provision in the Workplace Relations Bill for a range of enhanced compliance measures, including the use of Compliance Notices, Fixed Charge Notices and a new mechanism for enforcing awards of the WRC Adjudicators and Labour Court Determinations. I am confident that the introduction of these measures will provide for more proportionate, efficient and effective enforcement of employment law.

The Conciliation Service operated by the Labour Relations Commission is independent in the exercise of its functions and I have no direct involvement in their day to day operations. However, I have asked that the LRC provide this information and my office shall forward it to you on receipt.

The Organisation of Working Time Act 1997 gives effect to the EU Working Time Directive by setting out statutory rights for employees in respect of rest, maximum working time and holidays. Section 25 of the Act provides that an employer is required to keep such records, in such form as may be prescribed, as will show whether the provisions of the Act are being complied with.

The Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001 (S.I. No. 473/2001) prescribes the form of records to be maintained under Section 25 of the Act. Regulation 4 of S.I. No. 473/2001, provides that where no clocking in facilities are in place in a work place, a form to record the days and hours worked in each week by each employee shall be kept by the employer in the form set out in the Schedule entitled Form OWT1, or in a form substantially to like effect.

Each case examined by NERA is assessed on its own merits. Where the totality of records presented is sufficient to show that the provisions of Regulation 4 have been satisfied, they will be acceptable to NERA. Experience to date has indicated that tachograph records, in themselves, are insufficient to satisfy the requirements of Regulation 4. This view is supported by the Labour Court decision in Kyle International Transport Ltd v. Jitobah and a number of other cases. I would add that officials from my Department have met with a number of stakeholders to discuss their concerns regarding tachograph records and compliance with the Organisation of Working Time Act 1997. Further discussions are planned for the near future.

As of 31 December 2013 Microfinance Ireland (MFI) has approved 139 applications to the value of €2.159m supporting 313 jobs. My Department publishes quarterly reports on the progress of MFI on the Department’s website www.enterprise.gov.ie. The 2013 4th quarter progress report on MFI showing a detailed analysis for year ending 31st December 2013 is available on my Department’s website. The next quarterly report for the period to 31st March 2014 will be published shortly.

The IDA Ireland Strategy for the period 2010 to 2014, “Horizon 2020”, set an ambitious regional economic development target of 50% of investments in regions outside Dublin and Cork and this has proven to be a challenge. There are many complex factors influencing investor location decision-making such as the increasing preference of investors globally for cities of scale with 1 million plus population, significant challenges from lower cost locations in the UK and Eastern Europe and attractive regional aid. In terms of employment in the regions 72,500 jobs, roughly 44% of the total employment in IDA Ireland’s base of companies including those that were former clients of Shannon Development, are located outside of Dublin and Cork. Similarly, the total employment in Enterprise Ireland’s client companies which are located outside of Dublin and Cork is 89,738 which is just over 51% of total employment.

State aid to enterprises in more disadvantaged areas of the country is an important part of the Government’s jobs strategy. On Friday, I published the new Regional Aid Map, providing details of areas of the country in which the State can provide investment aid to businesses in order to support new investment and employment, under EU rules. This new Map represents a significant win for Ireland in the context of the original proposals from the EU Commission. Under the new Map, areas accounting for 51.28% of Ireland’s population will be eligible for State Aid, aid to large enterprises is permitted for new economic activities, expansions which involve new products or services, and product innovation and aid intensity rates (30% for small enterprises, 20% for medium-sized enterprises and 10% for large enterprises) are maintained at current levels.

It must be acknowledged that some locations outside of Dublin and the main urban centres already facilitate the presence of a large number of multinational companies who have invested over the years, span multiple sectors and employ significant amounts of people. The primary opportunity for regional locations is in respect of the existing client base and potential further investment opportunities from same. Approximately 70% of all FDI investments won by IDA Ireland is from the existing client base.

IDA prioritises the marketing of Gateway locations within each Region as the locations of critical mass and highlights the opportunities provided by Hub locations which are within commuting distances of these Gateways. A key component of a Gateway Economic Region’s value proposition are the existing industry clusters which originated with the arrival of several large multinational companies through the support of IDA Ireland and which, in turn, create the development of an indigenous sub-supply base assisted, in some cases, by Enterprise Ireland. A number of these Irish-owned companies, particularly in the Life Sciences Sector, have since become significant international players in their own right. These clusters are primarily located in Gateway locations.

Under the Action Plan for Jobs 2014, IDA Ireland and Enterprise Ireland are working with my Department to develop a framework for a Regional Enterprise Strategy to better integrate the efforts of enterprise agencies and the other regional stakeholders in building enterprise based on sustainable competitive advantage of the region. This exercise will complement the in-depth analysis of our FDI strategy which is currently being undertaken by Forfás and which will take account of factors such as key trends emerging in FDI best practice internationally, Ireland’s strengths in attracting FDI and the aforementioned changes to the EU’s State Aid Rules, which will come into effect on 1 July 2014. The results of these two exercises will form the basis of IDA Ireland’s strategy from 2015 onwards.

With a budget of just under €80 billion and covering the period 2014 to 2020, Horizon 2020 is the European Union’s largest ever research and innovation programme and the largest worldwide. Horizon 2020 is a core part of Europe 2020, the Innovation Union and the European Research Area and is responding to the economic crisis in Europe by investing in future jobs and growth. Ireland performed to a very high standard in the preceding programme - the Seventh Framework Programme for Research, Technological Development and Innovation (FP7), with almost €600 million in funding awarded to participants in Ireland from call results to date, thereby achieving our national target for participation in that programme. In terms of funding obtained as a percentage of the available budget, Research for the Benefit of SMEs was the second highest performing area for Ireland in FP7. SMEs accounted for 78.2% of funding to private industry in Ireland under FP7.

In December 2013, the Government approved a national strategy for participation in Horizon 2020, together with an ambitious target of €1.25 billion in funding to Ireland over the lifetime of Horizon 2020. This strategy sets out a comprehensive range of actions designed to maximise Ireland’s participation in the programme and achieve the target, involving all of the key Departments, agencies and research performers. A Horizon 2020 High Level Group, under the chairmanship of my Department, has been established to oversee the implementation of the national strategy.

A National Support Network of National Contact Points coordinated by Enterprise Ireland has been established, comprising knowledgeable and experienced practitioners from relevant Departments and agencies, charged with helping companies and academics access the funding opportunities presented by Horizon 2020. Individual targets for microenterprises, SMEs and large companies have not been projected. The National Support Network will include a Research and Innovation in Industry team which will substantially increase the resources allocated to company participation to maintain and grow this activity significantly. The Research and Innovation in Industry team will aim to make SME participation, in particular, business friendly across all parts of the Horizon 2020 programme. The team will work with Enterprise Ireland and IDA Ireland Development Advisors and other relevant agencies and Government Departments to develop a database of innovative companies and target appropriate opportunities. The team will also work with the Institutes of Technology which have a proven model of engaging SMEs in innovation for the first time through small, focused solution-based projects and building these relationships into longer-term research collaborations.

During the negotiations on Horizon 2020, which took place during Ireland’s Presidency of the European Union, Ireland was pro-active in getting the agreement of the Council, Commission and the Parliament to an increased target participation rate, from 15% to 20%, for SMEs under Horizon 2020. Ireland recognised that SMEs have proven themselves to be engines of economic growth and the principal sources of new employment. SMEs are central, therefore, to the recovery of our own economy and the European economy in general. I am confident that, building on our successful performance in FP7 and supported by our national strategy and a strong national support network, Irish researchers, research organisations and companies are well placed to compete at the highest level for Horizon 2020 funding.

At the moment the immediate priority in the Company Law area is to work for an early enactment of the Companies Bill 2012, which was published on the 21st December 2012 and which completed Report and Final Stages in the Dáil on the 2nd April 2014. The Seanad is due to consider the Bill shortly. Once on the statute book, the Companies Bill will introduce a modern company law code for Ireland and bring significant benefits to business. The Bill has been many years in the making and I am keen to have it in force at the earliest opportunity.

The Company Law Review Group, in its 2007 report, recommended the regulation of the title “accountant. On foot of this recommendation, the Department of Enterprise, Trade and Innovation (as it then was), considered the matter and in particular noted the views of the Office of the Director of Corporate Enforcement and the Competition Authority. The Competition Authority took the view that there was no clear public interest case which would warrant the legal protection of the term accountant.

It should be noted that the Review Group on Auditing, which reported in 2000 also concluded that there was no compelling case for recommending statutory protection for the term accountant. However, in light of concerns expressed by members of the professional accountancy bodies I have requested the Department to undertake a consultation with all interested parties on the issue and it is hoped that this consultation will take place later this year. To inform the consultation process the Irish Auditing and Accounting Supervisory Authority recently sought information from the nine Prescribed Accountancy Bodies (PABs) to establish whether the PABs have specific evidence or experience of adverse outcomes arising for members of the public from engaging the services of an unqualified person. In particular, they requested information the PABs may have in respect of individuals who are excluded from their membership for misconduct and who continue to provide services to the public.

I propose to take Questions Nos. 263 and 265 together.

Enterprise Ireland (EI) is the agency under my aegis with responsibility for the development of Irish enterprise, deepening Ireland’s footprint in world markets, and supporting employment creation in our economy. In that regard, the primary measures of economic impact targeted by the agency include the number of jobs created by EI client companies, their total employment, increases in exports, increases in innovation, research and development activity, and the number of High Potential Start-Ups (HPSUs) supported each year – all of which are pursued in the context of increased prosperity in Ireland.

Total direct employment (full and part time) in EI client companies stood at 175,750 in 2013, according to the Forfás Employment Survey. Of these, 149,718 were full-time jobs, while 26,032 were part-time. These companies are a vital source of employment in every county in Ireland and are spread across a wide range of sectors. Within this total level of employment, EI supported companies created 18,033 new jobs in 2013. This resulted in a net increase of 5,442 in the number of people employed, the highest net gain for Irish companies in the last decade and built primarily on the strong export performance of Irish companies. This continuation of employment growth demonstrates clearly the direct impact that increasing exports has on jobs in Ireland. Exports by EI supported companies reached €16.2bn in 2012, and are expected to have exceeded €17bn in 2013. These companies, directly and indirectly, are estimated to account for more than 300,000 jobs in the Irish economy (approximately 16% of the total number at work). The impact of these companies is of course a very substantial contribution to the growth of the economy, including the scale of Gross Domestic Product (GDP), and Exchequer funds including Income and Corporation Taxes.

In relation to an estimate of the gross contribution to GDP from Enterprise Ireland’s clients, the latest available figures available for preparing such an estimate relate to 2012. Preliminary 2012 GDP figures, as reported by the CSO, show GDP of €163.938bn. The total output of EI clients in 2012, was €30.144bn, or 18.4% of GDP. Gross figures should however, be used with caution as they do not represent final contributions to GDP as not all products/services may be considered as final outputs for the purposes of calculating GDP. On the basis of estimated value added by EI clients in 2012 (€11.153bn), the direct contribution of estimated value added, totals 6.8% of GDP. An important element of the impact of EI client companies in the economy is of course the expenditure made on payroll, and locally sourced goods and services in Ireland. In 2012, this totalled €18.9bn.

The Deputy also asked for estimates in relation to the total tax contribution to the Exchequer in terms of payroll and Corporation Tax of Enterprise Ireland client companies. It is important to note that Enterprise Ireland does not collect official data or statistics on the payroll or Corporation Taxes paid by its clients. However, the agency as part of the Forfás Annual Business Survey of Economic Impact (ABSEI), collects some data which can be used to prepare indirect estimates. The Forfás ABSEI is a voluntary enterprise agency client survey, which inter alia, surveys companies as to the total output of an undertaking, the total payroll expenditure of an undertaking, and the total goods and services expenditure of an undertaking.

As such, in respect of the payroll tax contribution estimate, Enterprise Ireland has produced an estimate based on average payroll at an aggregate level, and compared this with the latest Revenue Commissioners Statistical Report for 2011 which illustrates effective rates of tax for specimen incomes. Given the limitations of the data, it is not possible to determine a distribution of incomes earned within client companies, nor data relating to the status or application of reliefs or assessment which impact the final contribution. Using this limited basis, an estimate of €1.14bn in annual employee income taxes can be estimated. In addition to income taxes, employers’ taxes are also a payroll related contribution to the Exchequer. Taking these elements together, Enterprise Ireland estimates a total contribution to payroll taxes in the region of €1.5bn in respect of its client base.

In relation to Corporation Taxes, a profit estimate based on total estimated value added less the cost of payroll/other costs is calculated, before applying the average effective tax rate which is taken from recent research by the Department of Finance. Based on this analysis an estimated Corporation Tax contribution is arrived at, of €388m. Again, caution is advised in the use of this figure as the component data is estimated and not based on actual Corporation Tax returns for Enterprise Ireland client companies.

Taken together, the data demonstrates that Enterprise Ireland client companies, located in every county in Ireland, continue to make a substantial economic impact at a critical time in the State. Enterprise Ireland is keenly focused on its ongoing mission to support companies and employment creation in Ireland.

I propose to take Questions Nos. 264 and 266 together.

Foreign Direct Investment (FDI) has been, and will continue to be, an integral part of Ireland’s economic development strategy. Foreign-owned firms contribute substantially to Ireland’s exports, jobs, expenditure in the Irish economy and to Exchequer funds. FDI plays a key role in stimulating the development of new sectors in Ireland, in enhancing our research, development and innovation performance and in accelerating the achievement of critical mass within sectors. The latest available figures from the Central Statistics Office (CSO) show total Gross Value Added (GVA), accounted for by foreign-owned multinational enterprise dominated sectors stood at 25.3% in 2011. Gross value added is conceptually similar to GDP but examines production on a sectoral level rather than final expenditure type. Gross value added excludes product taxes and subsidies.

Details of the total estimated contribution to the Exchequer in terms of payroll and corporation tax for the past 3 years as per the most recent 2012 Annual Business Survey of Economic Indicators (ABSEI) is set out in the following tabular statement.

Table shows estimated contribution to the Exchequer in terms of payroll and corporation tax for the last 3 years

Consumers already have protection, under both Irish and EU consumer law, when engaging with traders, be it at the trader’s premises, on the consumer’s doorstep, or remotely over the telephone or online. The goods or services purchased must be as described, fit for the intended purpose, and be of merchantable quality. In relation to consumer legislation which applies to off-premises and distance contracts, I signed into Irish law statutory instrument No. 484 of 2013 which transposes the EU Directive 2011/83/EU on Consumer Rights last December. This Regulation, titled European Union (Consumer information, cancellation and other Rights) Regulation 2013, comes into operation on 13 June 2014 and will apply to contracts concluded after that date.

On the issue of consumers who complain about traders offering inferior quality goods or services whilst using aggressive or intimidatory tactics, and the ensuing sense of fear which it leaves particularly with certain vulnerable consumers, I consider that complaints in this area are more appropriately dealt with by the Garda Síochána in the first instance. The National Consumer Agency will also consider a complaint where it is referred to them by a consumer who feels dissatisfied. The Agency’s website, www.consumerhelp.ie provides information and tips to consumers in relation to doorstep selling and runs periodic awareness campaigns to highlight the issue. I have no plans to introduce a standardised identification scheme.

I am happy to clarify for the Deputy that, in the circumstances he sets out in his Question, no such full permit fee is payable again. When applying for a Green Card Employment Permit, my Department merely requires that the foreign national has an in-date and valid passport for a period of 12 months or longer on the date of application. If the application is approved, a Green Card for a 2 year duration is issued. At the end of the 2 year period, the foreign national can obtain an immigration permission to work in the State without the requirement for an Employment Permit.

I have made inquiries with my colleague the Minister for Justice and Equality, and I understand that where a foreign national renews their passport, he or she is required to update their registration details with An Garda Síochána in accordance with the Immigration Act, 2004. This will require, in practically all circumstances, the issue of a new registration certificate to the person concerned for which a statutory fee is payable unless they are a category of person subject to a fee exemption. If this were to be the issue of concern for the Deputy, it would be a matter for the Minister for Justice and Equality.

I propose to take Questions Nos. 269 and 270 together.

As of 31st December 2013 the SME Credit Guarantee Scheme (CGS) has seventy-two live facilities resulting in €9.78m being sanctioned through the scheme by the participating lenders resulting in 401 new jobs being created and 236 jobs being maintained. My Department publishes quarterly progress reports on the SME Credit Guarantee Scheme on my Department’s website www.enterprise.gov.ie. The progress report detailing the analysis and performance for the quarterly period ending 31st December 2013 is available on my Department’s website. I intend to publish the next progress report for the period to 31st March 2014, once the report has been finalised.

As of 31st December 2013 Microfinance Ireland (MFI) has approved 139 applications to the value of €2.159m supporting 313 jobs. My Department publishes quarterly reports on the progress of MFI on the Department’s website www.enterprise.gov.ie. The 2013 4th quarter progress report on MFI showing a detailed analysis for year ending 31st December 2013 is available on my Department’s website. The next quarterly report for the period to 31st March 2014 will be published shortly.

The Chart included with this Reply identifies the management structure of my Department together with the areas of responsibility within each Division of my Department. The current structure of the Department was put in place after the formation of the Government in 2011. A revised structure will be implemented in 2014 consequent on the integration of Forfás into the Department once the legislation providing for same is enacted.

I propose to take Questions 272 to 274, inclusive, together.

The following are the State Bodies/Boards under the remit of my Department.

*Enterprise Ireland also provides policy direction and funding through the nationwide network of Local Enterprise Offices (LEOs). The network of 31 LEOs will deliver an improved system of local enterprise supports to start-ups and small businesses across the country.

In addition to the State Bodies/Boards listed, the Offices of my Department which carry out specific legislative functions are:

There is a substantial programme of reform underway within my Department in relation to Agencies and Offices. The Agencies under the remit of my Department that are scheduled to be merged, reformed or abolished are set out under the Government’s Agency Rationalisation Programme. These reforms include:

- merging the National Consumer Agency and the Competition Authority into one single entity;

- dissolving the 35 County Enterprise Boards and transfer their functions to Enterprise Ireland to be delivered by Local Authorities in Local Enterprise Offices (LEOs) - this will facilitate the delivery of an enhanced service and range of supports to the micro and small business sectors;

- dissolving Forfás and provide for the transfer of the agency’s assets, liabilities and staff to my Department and other bodies, as appropriate;

- transferring relevant enterprise functions from Shannon Development to IDA, EI and Bord Fáilte and merge Shannon Development with Shannon Airport Authority; and

- reforming of the State's Workplace Relations Services to deliver a simplified two-tiered structure comprising a single body of first instance, the Workplace Relations Commission, and a single body of appeal, in effect an enhanced Labour Court.

Details of the up-to-date position on the above measures are set out in the following table:

In addition, I would draw the Deputy’s attention to the fact that, following enactment of the Microenterprise Loan Fund Act 2012, Microfinance Ireland was established as a private limited company in August 2012, as a subsidiary of the Social Finance Foundation and has charitable status. Microfinance Ireland has been funded by the Government to provide loans to newly established and growing microenterprises across all industry sectors that do not meet the conventional risk criteria applied by banks.

There are many complex factors influencing investor location decision-making such as the increasing preference of investors globally for cities of scale with 1 million plus population, significant challenges from lower cost locations in the UK and Eastern Europe and attractive regional aid.

At present, there are 144 IDA Ireland client companies in Cork employing 27,354 people. IDA Ireland has strong relationships with all these companies and works closely with them to ensure their long term sustainability and to encourage their growth, development and continuing re-investment in their sites. The primary opportunity for regional locations is in respect of the existing client base and potential further investment opportunities from same. Approximately 70% of all FDI investments won by IDA Ireland is from the existing client base.

Cork has been particularly successful in attracting ICT companies with several recent announcements in the areas of software, customer support and shared services activities.

Currently, IDA Ireland positions Cork as being a strong cluster in Pharmaceuticals and Medical Technologies (Pfizer, Novatis, GSK, Janssen, Abbvie, Eli Lilly, Gilead, Pepsico, GE, Stryker, Gilead, Astellas among others). The success of Cork for attracting life sciences has seen the growth in associated support services such as experienced building firms and project managers, clean room providers, specialist recruitment agencies, tailored educational courses etc. This specialisation of services has increased the attractiveness of the cluster. IDA Ireland also has a number of suitably serviced strategic sites available for large scale development in the region.

The region also has a significant cluster of ICT companies such as Apple, Dell, McAfee, Trend Micro, EMC, VMware, among others. These global names have, not alone located in the South West but have reinvested in the area, offering confidence to new clients. The cluster of companies has led to the growth in suitably qualified individuals, experienced in working with multi-national corporations. The availability of new property solutions with a campus style design has also added to the attractiveness of the area.

IDA Ireland has also informed me that a new cluster is emerging in the region based around the marine and renewable technologies. The development of the Irish Maritime and Energy Resource Cluster (IMERC) will be a strong magnet of attraction for the South West. IMERC will harness and integrate diverse research and industry expertise through the development of the innovative cluster which incorporates the Beaufort Research Laboratory, The Irish National Maritime College and The Naval Service of Ireland. This is an area that IDA Ireland will increasingly focus on throughout the course of 2014 and beyond.

Finally, under the Action Plan for Jobs 2014, IDA Ireland and Enterprise Ireland are working with my Department to develop a framework for a Regional Enterprise Strategy to better integrate the efforts of enterprise agencies and the other regional stakeholders in building enterprise based on sustainable competitive advantage of the region. This exercise will complement the in-depth analysis of our FDI strategy which is currently being undertaken by Forfás and which will take account of factors such as key trends emerging in FDI best practice internationally, Ireland’s strengths in attracting FDI and any changes to the EU’s State Aid Rules, which will come into effect on 1 July 2014. The results of these two exercises will form the basis of IDA Ireland’s strategy from 2015 onwards.

With regard to the issue of working time for employees in general, I note that the Organisation of Working Time Act 1997 (OWTA) and Regulations made thereunder provide for the regulation of working time by setting out statutory rights for employees in respect of maximum weekly working hours, daily and weekly rest and rest breaks during the day. The OWTA provides for a rest break of at least 15 minutes (unpaid) after four and a half hours work. Also, for employees generally, there is a requirement for a break of at least 30 minutes where more than 6 hours is worked, which may include the earlier break. In addition, specific rules on rest breaks during the day apply to shop employees (which include betting shops) under the Organisation of Working Time (Breaks at Work for Shop Employees) Regulations 1998 (Statutory Instrument No. 57 of 1998). These Regulations provide that shop employees whose hours of work include the period from 11.30 a.m. to 2.30 p.m. shall, after 6 hours’ work, be allowed a break (unpaid) of one hour, which must commence between 11.30 a.m. and 2.30 p.m., provided such commencement would not result in the break occurring at the end of the working day. The one-hour break may include the earlier 15-minute break, if appropriate. The Act also provides for a daily rest period of at least 11 consecutive hours in each period of 24 hours. This means that there must be one 11-hour consecutive break between the time the employee ceases work and commences the next shift.

The National Employment Rights Authority (NERA) has an inspectorate which is empowered to carry out workplace inspections to ensure compliance with a range of employment rights legislation, including certain provisions of the OWTA. Where NERA inspectors come across breaches of employment rights legislation, including the OWTA, they will advise the employer to rectify the issue, and will advise the employee of the appropriate means of redress. If an employee believes that his or her rights under the OWTA have been breached, he or she may make a complaint, in the first instance, to a Rights Commissioner. A Rights Commissioner may award compensation of up to 2 years’ pay. NERA’s powers to prosecute in respect of breaches of the OWTA relate to the record keeping provision and the provision regarding overall hours worked in instances where an employee has more than one employer.

Further information on the OWTA and other employment rights, including means of redress, is available from the Workplace Relations Customer Service of NERA. This service operates from 9.30 a.m. to 5 p.m. on weekdays and can be contacted on Lo-Call 1890 808090. Workplace Relations Customer Service also provides extensive information on its website www.workplacerelations.ie.

I should point out that the Betting Act 1931, which contains the existing provisions governing the licensing of bookmakers, comes under the responsibility of the Minister for Finance. The Betting (Amendment) Bill 2013 was referred to Select Committee on 30 January 2014. I note that proposals for amendment of the overall regulatory framework covering both the betting and gaming industries are being prepared by the Minister for Justice and Equality, as set out in the published General Scheme of a Gambling Control Bill.

The Health and Safety Authority is the statutory body responsible for the enforcement of safety and health in the workplace in the State.

As inspections and enforcement matters generally, are part of the day-to-day operational work of the Authority, I, as Minister for Jobs, Enterprise and Innovation have no direct function in the matter.

I should clarify however that Section 19 of the Safety, Health and Welfare Act 2005 requires all employers to produce a written risk assessment and safety statement that must be communicated, in an understandable form, to relevant employees. If, following this risk assessment, single-manning is identified as a risk then an employer is obliged to put in place appropriate controls to mitigate that risk.

Inspection campaigns rolled out by the HSA must take account of available resources and the risk factors associated with various sectors. It is of course open to any employee to bring a matter of concern to the attention of the Authority for appropriate action.

Pension schemes in Ireland are generally set up on a voluntary basis and arrangements for access to a scheme would generally be a matter for negotiations between the employers, employees and trade unions. Where an employer does not provide employees with access to an occupational pension scheme within six months of the commencement of employment, then the employer must provide the employee with access to a Personal Retirement Savings Account (PRSA).

In any event, where the employee engages with a pension arrangement facilitated by the employer, the employer will deduct any contributions the employee wishes to make from pay and remit the employee’s contributions to the pension scheme or PRSA provider.

It is estimated that there are some €50 billion of assets in defined benefit pension schemes. At present 470 schemes are in deficit while some 380 schemes satisfy the requirements of the funding standard as set out in the Pensions Act.

The overall deficit in defined benefit pension schemes is estimated at €8.5bn. The majority of these schemes in deficit have put in place funding proposals to bring them back into a funded position.

MOMENTUM, a scheme for education and training interventions, which is part of the Government’s Action Plan for Jobs initiative, was rolled out by the Department of Education in 2013. MOMENTUM supported the provision of free education and training projects in 2013 to allow up to 6,500 long term jobseekers to gain skills and to access work opportunities in identified growing sectors. Over 1,600 of these places were taken up by young people in 2013 up to mid-November.

A further range of MOMENTUM projects is planned for 2014, and it is intended that a minimum of 2,000 of these MOMENTUM places will be taken up by young people.

In the Youth Guarantee Implementation Plan published in January 2014, it was noted that there may be grounds for reducing the minimum duration of unemployment required for young people to become eligible for the programme. A decision on this will be subject to a review of experience with MOMENTUM in 2014 – in particular in relation to achieving the target for participation by young people in the programme.

The purpose of the rent supplement scheme is to provide short-term support to eligible persons living in private-rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. There are currently approximately 78,000 rent supplement recipients for which the Government has provided some €344 million in 2014.The overall average rate of rent supplement at end March 2014 is €85.48 per week, a breakdown of this information by area is not available. The numbers in receipt of rent supplement for more than 12 and 24 months are provided in the tabular statement.

Tabular Statement: Rent Supplement Recipients

The loss of a family member in any circumstances is an extremely tragic event and I would like to extend my deepest sympathies to those families who have lost a loved one through suicide.

Under sections 41 and 42 of the Civil Registration Act 2004 a coroner or a medical practitioner provides the required particulars of a death, including cause of death, in order that the death can be registered in the register of deaths. The death certificate is a copy of an entry in the register and must include the details as laid out in that entry including cause of death.

I am very much aware that the cause of death contained in some death certificates can cause distress to loved ones and in this regard I will introduce within the coming weeks, by regulation, a short form death certificate that will omit the cause of death. I hope that this will provide some comfort to families where the details of the cause of death registered are upsetting.

The community services programme (CSP) is designed to address gaps in service delivery and disadvantage and to ensure that community facilities are utilised. The programme is funded by my Department with day-to-day management of contracts undertaken by Pobal.

Over 400 not-for-profit companies and co-operatives shared annual funding of €46m from the programme in 2013 and similar levels of support are being provided in 2014. Contract holders must deliver tangible services that are capable of generating non-public revenues from their operations by way of charging fees, sales and/or fundraising and other public funds. The programme is not intended to represent full-funding for any operation.

Each contract holder is responsible for their own budgets, income, financial and other liabilities. Contracts are generally offered on a three-year cycle based on a business plan or similar submitted by the company. Continued funding is subject to satisfactory compliance with the programme’s operational requirements, financial position of the company, continued eligibility of the company and service, progress on delivery of the stated objectives in the business plan, and an assessment of a business plan for the following three year contact cycle.

A regular review process is undertaken to ensure compliance with contract obligations, audit issues, continuing capacity of the organisation to manage public funds, the need for and quality of service delivery, sustainability and value for money.

A re-contracting process for the period 2014-16 for organisations operating under the Community Services Strand of the programme was undertaken in 2013. This involved the submission of business plans by contracted organisations. The plans and past performance were reviewed by Pobal and the conclusions submitted to this Department for consideration and decision. Based on the business plan submitted by the company in question, the Department concluded that the manner in which the services were organised was inconsistent with the programme requirements, as set out in the rules and guidelines.

The company has an opportunity to seek a review of the decision and/or to submit an amended business plan which rectifies the issues identified. Alternative proposals consistent the programme requirements may also be made to the Department.

The Department is committed to ensuring that the decisions of appeals officers are implemented without delay.

In all cases, it takes a number of days for the relevant scheme area to receive notification of an Appeals Officer’s decision, together with returned case papers. Where the appeal has been granted, there are a number of necessary administrative steps which must be completed to give effect to the Appeals Officers decision. In some cases there will be inter-scheme and/or local/Intreo office follow up required, to reconcile overlapping benefit periods arising from the decision of the Appeals Officer, before the final due arrears balance can be established and subsequently paid. In most cases, allowing for the necessary administrative procedures, there are no significant delays being experienced in the finalising of Appeals Officer decisions and the payment of due arrears.

In 2013, approximately 18,000 new Disability Allowance applications were received and almost 20,500 applications were decided. This increased level of decision making resulted in a corresponding increase in the volume of requests for reviews and/or appeals against adverse decisions. This in turn has led to increased waiting times for arrears to issue in some successful appeal cases, where the person was in receipt of another weekly social welfare payment during the period in question. In successful appeal cases where the person was not in receipt of another weekly social welfare payment there are no significant delays in issuing due arrears.

I confirm that the department received an application for carer’s allowance from the person in question on the 19th October 2013. The person concerned was refused carer’s allowance on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. He was notified of this decision on the 14th of January 2014, the reason for it and of his right of review or appeal. The person in question requested a review of this decision and submitted additional medical evidence in support of the application. However, this information did not alter the decision of the deciding officer who confirmed the original decision. The person in question was notified of this decision on the 13th February 2014 the reason for it and of his right of appeal within 21 days.

It is open to the person in question to submit a new application for carer’s allowance which will be assessed and decided upon as soon as possible.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 16th April 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I propose to take Questions Nos. 287 and 367 together.

The Household Budget facility, operated by An Post on behalf of the Department of Social Protection, provides customers with a facility to have their household utility bills and social rents deducted directly from their weekly social welfare payment.

While some 33,000 housing authority tenants have availed of the facility in terms of social rents, the housing authorities were experiencing difficulties with tenants subsequently cancelling the arrangements. In order to address this issue, legislative amendments, specific to housing authority rents, have been introduced to ensure that once a person participates in a household budgeting arrangement, they cannot withdraw from the arrangement without the consent of the relevant housing authority or housing body.

This change has been implemented in respect of all new applications made under the Household Budget scheme in respect of housing authority rents from January 2014, which will support the collection of rents for local authorities and will also facilitate the pilot phase of the new Housing Assistance Payment (HAP).

There are a number of Money Advice and Budgeting Services (MABS) companies which have been assisting and supporting their clients with a facility to make direct deductions from their social welfare payments for bill paying purposes through historical arrangements put in place by Cork MABS and the Lough Credit Union, using the Household Budget facility operated by An Post. This arrangement is known as the Lough Payment Scheme or MABSlink.

The purpose of the Household Budget facility is to facilitate deductions from social welfare payments for specified creditors. The Lough Payment Scheme catered for a variety of creditors, some outside those specified for the Household Budget facility. The local MABS companies involved are working closely with those currently availing of the Lough Payment Scheme to help put alternative arrangements in place.

The Citizens Information Board, which has statutory responsibility for the Money Advice and Budgeting Service (MABS) is liaising with the local MABS companies concerned. In light of the profile of MABS clients affected, particular effort is being made to ensure that suitable alternative options are made available and that clients will be fully supported through the transition to the alternative arrangement. The current arrangements will continue for existing customers on an administrative basis in the interim.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers were received by that office on 26th March 2014 and that the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 19th March 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all of the available evidence, including that adduced at the oral hearing, has decided to allow the appeal of the person concerned. The person concerned was notified of the Appeals Officer’s decision on 22nd April 2014.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that a disability allowance and a supplementary welfare allowance appeal from the person concerned were registered in that office on the 10th March 2014 and 11th March 2014 respectively.

It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officers on the grounds of appeals be sought.

The Supplementary Welfare Allowance appeal papers have been received from the Department and the case has been referred to an Appeals Officer who will decide whether that appeal can be decided on a summary basis or whether an oral hearing will be required.

The Appeals Office further advise that the disability allowance papers have not yet been received from the Department. When these papers are received, the appeal will be referred to an Appeals Officer for consideration.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 16th April 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that a Carer’s Allowance appeal and a Supplementary Welfare Allowance appeal from the person concerned were registered in that office on the 13th November 2013 and 28th April 2014 respectively.

I am advised by the Social Welfare Appeals Office that an oral hearing in respect to the Carer’s Allowance appeal of the person concerned took place on the 23rd April 2014 and that the Appeals Officer is now considering the appeal in the light of all of the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified of the Appeals Officer’s decision when that appeal has been determined.

It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of the person’s concerned Supplementary Welfare Allowance appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Under the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. The Government has provided €31.3 million for the ENP scheme in 2014.

There is no automatic entitlement to a payment. ENP’s are payable at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

The ENP scheme is not intended to cover circumstances where responsibility for the expenditure or payment rests with another Government Department or Agency such as patient transport. Responsibility for patient transport is a matter for the Health Service Executive.

The medical eligibility criteria for disability allowance (DA) and for invalidity pension (IP) are not the same. To qualify for DA, a person (inter-alia) must be considered to be substantially restricted in undertaking employment suitable to his/her age, qualifications and experience. The medical eligibility criteria for IP specify that the person must be permanently incapable of work because of illness or incapacity.

The person concerned is currently in receipt of DA.

A claim for IP was received for the person concerned on 16 August 2011. A deciding officer decided at that time that the claimant did not satisfy the medical criteria and the claim was refused.

A further claim for IP was received for the person concerned on 22 November 2013. A medical diagnostic report completed by the claimant’s general practitioner was returned on 13 March 2014. The person concerned also attended an in-person medical assessment on 24 March 2014 with a medical assessor. A deciding officer, having taken all the relevant evidence into account, decided that the person concerned did not satisfy the qualifying conditions for IP. The claim was refused and the person in question was notified of this decision on 02 April 2014. He was advised of his right to request a review of the decision and also of his right to lodge an appeal with the social welfare appeals office.

To date no further correspondence has been received from the person concerned.

In order to qualify for the household benefits package a person must satisfy certain qualifying conditions. In this instance, the person concerned does not qualify as he is under 66 years of age and he is not in receipt of a qualifying payment from the Department e.g. invalidity pension or disability allowance.

No rent supplement application has been received from these clients by the relevant Unit of the Department. Should the clients wish to make application they may contact the Unit directly at midleinsterrentsunit@welfare.ie or on the lo-call number 1890 800 698, where the criteria for rent supplement can be discussed.

Under Social Welfare legislation, Deciding Officers are appointed to decide on entitlement to benefit or assistance. In coming to their decision on entitlement, the role of the Deciding Officer is to consider the evidence supplied and from that evidence establish the facts of the case. The Deciding Officer applies the legislation to the established facts.

In this case, the evidence considered by the Deciding Officer included correspondence from both the person concerned and the child’s mother. This evidence indicated that the care arrangements in this case were agreed between both of these parties.

Based on this evidence, the Deciding Officer decided that the care arrangements in place for the child in question were by private mutual agreement between the child’s mother and the person concerned and the child was not therefore deemed to be abandoned as defined in social welfare legislation. As a result, the Deciding Officer disallowed the Guardian’s payment (contributory) claim of the person concerned on 30th May 2012.

This decision was appealed by the person concerned to the Social Welfare Appeals Office and the decision of the Deciding Officer was upheld by the Appeals Officer on 15th March 2013. Under social welfare legislation, the decision of an Appeals Officer is final.

If there are new facts or evidence which the person concerned wishes to make available to the Deciding Officer or the Appeals Officer, they should forward it to the Guardian’s payments section, requesting a review of their entitlement.

Following a review of entitlement to guardian’s payment (contributory) in respect of the person concerned, it emerged that the circumstances in relation to the child’s mother had changed. The person concerned was asked to provide independent evidence to support her contention that the child satisfied the definition of an orphan under social welfare legislation. Sufficient evidence was not provided and the deciding officer decided that, with effect from 22 February 2013, there was no longer an entitlement to guardian’s payment (contributory), as the child concerned was not considered to be an orphan under social welfare legislation.

This decision was appealed by the person concerned to the Social Welfare Appeals Office and the decision of the deciding officer was upheld by the Appeals Officer on 24th January 2014. Under social welfare legislation, the decision of an Appeals Officer is final.

However, if the circumstances in relation to the child change, the person concerned can request a review of her entitlement to Guardian’s payment (contributory), supported by any relevant new evidence.

A child under 16 years is deemed medically eligible for carer's allowance when domiciliary care allowance is in payment for that child. Once the child reaches 16 years of age and entitlement to domiciliary care allowance ceases, a review of the continuing entitlement to carer’s allowance is undertaken as medical eligibility is no longer automatically satisfied and must be confirmed. This resulted in a review in this case. Following that review carer’s allowance in respect of one care recipient was stopped on 26th March 2014 as it was decided that the medical criteria were no longer satisfied.

The person in question submitted additional medical evidence in support of their application. However following review the decision to disallow carer’s allowance was confirmed. The person in question was notified of this on the 2nd April 2014 and of her right of appeal to the independent social welfare appeals office within 21 days.

The regulation to create and underpin the operations of the new EU Fund for European Aid to the Most Deprived was adopted by the Council in early March and came into effect shortly thereafter. Under this regulation, Member States will be required to devise operational plans to procure supplies and support the distribution of food and consumer good using partner organisations (NGOs) and other public bodies to support these efforts.

This Department has been tasked with the development of the operational programme and has been in discussion with the European Commission and other agencies in setting out the implementation arrangements. A key priority is to ensure the administrative and associated cost burdens associated with the Fund are minimised to ensure that the indicative EU and Exchequer allocation of up to €3.5m per annum is prioritised for the purchase and distribution of food stuffs and goods. The regulation requires certain tasks to be undertaken in the preparation of the operational programme, including undertaking an ex-ante evaluation by a competent independent body and consultation with interested parties and stakeholders.

The European Commission is continuing to finalise its guidance for Members States to underpin the development of the operational programme and the delivery of the programme.

Given that this Fund represent a new and innovative approach to the delivery of such support, a number of matters remain to be clarified before commitments to a particular delivery approach can be made. The regulation requires that the assistance will be procured on the basis of needs identified nationally through the ex-ante evaluation and consultation process and agreed with the European Commission in the context of an operational programme.

The original purpose of the mortgage interest supplement scheme was to provide short-term support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. There are currently approximately 8,500 people in receipt of mortgage interest supplement for which the Government has provided €17.9 million in 2014.

The Government’s strategy to assist those in mortgage difficulty is built around the following measures, as recommended in the 2011 Interdepartmental Mortgage Arrears Working Group (Keane Group), in four main distinct areas:

- Lenders providing sustainable and durable resolution options to their borrowers.

- A social housing response (Mortgage to Rent).

- Comprehensive advice to borrowers.

- Personal Insolvency Reform.

In the context of the overall strategy, the continued payment of mortgage interest supplement does little to assist recipients in improving the long term difficulty in addressing their mortgage problem and provides little incentive for the lender to provide sustainable solutions.

The most appropriate way in which customers experiencing mortgage difficulties can be supported is through engagement with their lender under the Mortgage Arrears Resolution Process (MARP) which explores the various options available to the person and provides sustainable solutions.

As part of the fiscal adjustment required for Budget 2014, provision was made for the discontinuation of entitlement to mortgage interest supplement for all new applicants from 1 January 2014. Existing customers are not affected by this measure and may retain entitlement to the scheme over a four year period, up to 1st January 2018.

This timeframe allows for a winding down – primarily through securing employment, sustainable solutions being put in place by the lenders or through the use of exit strategies sponsored by the Department of Environment, Community & Local Government (DECLG) namely the Mortgage-to-Rent scheme.

The number of mortgage interest supplement recipients at the end of each year from 2012 to 2013 and total scheme expenditure for those years are provided in the tabular statement. Forecast recipients exiting the scheme from 2014 to 2017 are also provided.

Mortgage Interest Supplement – Recipients and Expenditure 2012-2013

Mortgage Interest Supplement – Forecast Persons Exiting 2014 - 2017

In Budget 2013, a joint initiative between the Department of Social Protection and the Department of Children and Youth Affairs was announced to provide subsidised after-school childcare places for low-income and unemployed persons who enter employment. The purpose of the after-school child care (ASCC) scheme is to help offset some of the after-school childcare costs that are associated with availing of an employment opportunity in a bid to encourage more individuals to take up employment.

The scheme was funded from savings of €14 million from the Department. There are 42 children availing of ASCC childcare places as at 23rd April 2014. Due to the low take up of places the €14m funding has been re-focused for 2014 to support customers on community employment (CE) programmes via the childcare education and training scheme (CETS). To date 237 places have been taken up on the CE CETS scheme.

The €14m budget has been re-allocated in 2014 as follows:

The afterschool childcare scheme continues to be available nationally in 2014 with funding of €2m ring-fenced for these customers providing 800 places. The allocation of places and funding for both the ASCC and CE CETS will continue to be monitored and reviewed during 2014.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 23rd April 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Child benefit is a monthly universal payment to assist with the costs associated with raising children. It is paid to around 616,000 families in respect of some 1.17 million children, with an estimated expenditure of around €1.9 billion in 2014. Child benefit continues to be paid in respect of children up to their 18th birthday who are in full-time education or who have a disability. I am conscious that child benefit is an important source of income for all families.

Budget 2009 provided for the reduction of the age for which child benefit is paid from under 19 years to under 18 years. This measure was implemented in full in 2011 and has resulted in savings of €79 million on an annual basis. A value for money review of child income supports undertaken by the Department of Social Protection in 2010 found that participation patterns in education support the 18 year age limit for child benefit. I have no immediate plans to make any changes to the age threshold for child benefit. Furthermore, any changes to the eligibility criteria for child benefit could only be decided in a budgetary context.

Families on a low income can avail of a number of social welfare schemes to support children in full-time education until the age of 22, including the qualified child increase (QCI) on primary payments, the family income supplement (FIS) and the back to school clothing and footwear allowance. These payments provide a level of assistance which is directly or indirectly linked with a household’s income situation. I am therefore satisfied that the social protection system adequately supports low income families with children aged 18 years and over who are participating in full-time education.

I am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on the 2nd April 2014 and that the Appeals Officer is now considering the appeal in the light of all of the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified of the Appeals Officer’s decision when the appeal has been determined.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I propose to take Questions Nos. 307, 310 to 313, inclusive, 317 and 355 together.

The purpose of Gateway and Tús is to focus on jobseekers who are long-term unemployed. For this reason, eligibility is confined to those on the Live Register and receiving a jobseekers allowance payment for 24 months in the case of Gateway and 12 months for Tús. Selection for both schemes is by way of random selection of those eligible by the Department. These provisions are to ensure a targeted approach to those jobseekers currently affected by long-term unemployment. Persons in receipt of disability payments are not, therefore, eligible for participation on either Gateway or Tús. I currently have no plans to extend the qualifying criteria beyond that identified above.

The level of placements allocated to Gateway is 3,000 with 7,500 allocated to Tús. As of 28th April, Gateway was supporting 177 participants and Tús 7,419. Some 380 Tús supervisory posts are also being supported. In respect of supervision on Gateway, the Department of Environment, Community and Local Government recently sanctioned 150 acting-up allowances for existing staff to support the scheme. That Department has also provided €2m in funding as a contribution towards once-off costs such as health and safety, training for specified tasks and personal protective equipment.

The operation of all schemes funded, either in part or full, by this Department is monitored on an on-going basis and changes are introduced to facilitate more efficient and effective operation and/or to better address the needs of jobseekers. In this context, the Department is currently examining a range of options to provide jobseekers interested in working on either Gateway or Tús with opportunities to access and participate on the schemes.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 3rd March 2014. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on the 14th March 2014 and the case was referred to an Appeals Officer on the 17th April 2014 who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The estimated expenditures on State pensions for 2013 are as follows-

This amounts to just over €6.43 billion, compared to just over €6.26 billion in 2012, an increase of just over 2.7%.

The figures available in respect of 2013 expenditure are provisional at this point, and will be until approved by the Comptroller & Auditor General.

The Social Welfare Appeals Office has advised me that there is no trace of an appeal in respect of the person concerned.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements

The one parent family payment of the person concerned was suspended as the Department became aware that she was no longer at her address. The person concerned should provide proof of her current address or it is open to her to contact the Community Welfare Service of this Department to discuss her circumstances.

The purpose of the rent supplement scheme is to provide short-term support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. There are approximately 80,000 rent supplement recipients for which the Government has provided over €403 million for 2013.

Revised rent limits under the rent supplement scheme came into force with effect from Monday 17 June 2013 and will be in place until 31 December 2014. These rent limits were determined following an extensive review of the private rental market based on the most up-to-date data available. The Department currently funds up to 30% of the private rented sector so it is essential that the rent limits are kept under review. The new rent limits have been set using the 35th percentile ensuring that sufficient housing is available for recipients of the scheme.

As existing claims come up for review, or when an existing lease expires, they are reassessed using the new limits. Where a rent is above the maximum limit the customer is asked to renegotiate the rent with their landlord. Departmental guidelines on rent supplement states that where negotiation with the landlord fails then rent supplement may continue to be paid for a period of up to thirteen weeks at the higher rate. Following this the tenant will be expected to find suitable accommodation at below the limits in force.

Based on this client’s personal circumstances and income, the maximum monthly rent limit applicable in this case is €750 per month in this area. The rent supplement in payment is at the rate of €611.40, which is this rate less the personal contribution applicable.

The volume of social welfare payments cashed by Lettermacaward, Post Office, Co. Donegal, for each of the last four years and for the first three months of this year are set out in the following table.

The following information has been supplied by the General Register Office in relation to the number of stillbirths registered since 1995.

The number of stillbirths registered in the state from 1995 to 2013 is set out as follows:

The number of stillbirths registered in Co. Laois from 1995 to 2013 is set out as follows:

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to convene an oral hearing in this case.

While no date has been set for the oral hearing, I am advised that the person concerned will be notified of the arrangements for the oral hearing within the next week.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 10 March 2014. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 2 April 2014 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I propose to take Questions Nos. 324 to 329, inclusive, together.

The annual Budget for JobBridge in 2011, 2012 and 2013, as voted by the Oireachtas, was €20 million, €65.8 million, and €81.8 million, respectively.

54 individuals have started a third internship since the rules were changed last September. The change was made in response both to the recommendations of the independent evaluation of JobBridge and to the requests of individual jobseekers. The change facilitates a small number of jobseekers who consider that a further internship meets their own needs and improves their employability.

A host organisation may not, for a period of six months, take on another JobBridge intern in the same position as their previous JobBridge intern, except where the previous intern has moved directly into paid employment, either with the host organisation or another employer.

The Department will write directly to the Deputy as soon as possible with the following information which it is currently collating:

- details of the number of occasions on which the cooling-off period has been reduced or waived and summary of the reasons for such action; and

- the number of monthly online compliance reports due in January, 2014, and those that were submitted on time.

Where a host organisation does not complete the monthly online compliance on time a weekly reminder is sent to the host organisation. On the fourth week of non-compliance an e-mail is sent to the host organisation, and a text message is sent to the intern, to notify the host organisation that the compliance must be completed and that the internship may be ended if the report is not completed. Following the final reminder an officer of the Department contacts the host organisation to investigate the non-compliance. In cases of serious breach, the host organisation can be excluded from future participation in the scheme.

I propose to take Questions Nos. 330 to 335, inclusive, together.

As at 28 April, 2014, 8,020 JobBridge interns were aged under 25 years, of whom 3,410 finished early, 2,751 finished in full, and 1,859 were currently on an internship.

Regarding those who finished early, it should be noted that a high proportion of each cohort finish early to move directly into employment.

According to the independent evaluation of JobBridge, participation in JobBridge by those under 25 and under 35 exceeds their proportion of the Live Register. The independent evaluation found that 28.4% of JobBridge interns were under 25, while they made up 17.1% of the Live Register and 45.1% of interns were between 25 and 34 years, while they made up 30.2% of the Live Register. This reflects the appeal of a JobBridge internship for those seeking to broaden their skills base, enhance their real workplace experience and add to their CV.

The Department does not keep records on the number of interns aged between 18-29 years as a separate cohort. However, as at 28 April, 2014, 12,304 JobBridge interns were aged between 25 and 34 years, of whom 4,978 finished early, 4,583 finished in full, and 2,747 were currently on an internship.

I propose to take Questions Nos. 336, 342, 382 and 383 together.

Under the Youth Guarantee Implementation Plan, the Department is developing a variant of the JobBridge scheme for the most disadvantaged young people in the 18-25 age bracket who have been identified as having significant barriers to gaining employment. Under this measure, employers will be asked to make work experience places available for young people aged 18 to 25 with low levels of educational attainment, long periods of unemployment and other barriers to employment. It is proposed that, at any one time, 1,500 young people will have access to this variant of the JobBridge internship.

Suitable candidates who would benefit most from this supported intervention will be selected and referred to the scheme by the Department. Young people who participate in the scheme will receive a €50 top-up to their welfare payment for the duration of their participation.

The participation of clients, once referred, will be non-discretionary and the penalty-rate process will be triggered in respect of any jobseeker who fails to participate in the scheme in accordance with the activation process applicable to them. It is envisaged that this measure will commence during Summer 2014. The existing JobBridge Scheme will remain as is with no change, and will continue to be voluntary.

Eligibility for JobBridge is restricted to those in receipt of Jobseeker's Allowance, Jobseeker's Benefit, Single Parent Family Payment, Disability Allowance or who are signing for credits for 3 months (78 days) out of the previous 6 months.

13,232 individuals had commenced JobBridge internships by end 2012. A further 11,378 individuals commenced internships in 2013, and a further 3,638 individuals commenced internships in 2014 to 24 April, 2014.

363, 141 and 23 individuals commenced a work placement programme (WPP) in 2012, 2013 and 2014 respectively. As at 28 April 2014, 60 participants were participating on the programme.

I propose to take Questions Nos. 338 and 369 together.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, including that adduced at the oral hearing has decided to allow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer's decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

There is no record of an application from the person concerned for either One-Parent Family Payment or Basic Supplementary Welfare Allowance. If the person concerned wishes to apply for either payment, she must complete the necessary application form and her application will be assessed in the normal manner.

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to hold an oral hearing in this case on the 6 May 2014. The person concerned has been notified of the arrangements for the hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 28 March 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Report on Pension Charges 2012 was undertaken by my Department, working with the Central Bank and the Pensions Authority, and with support from PWC. The primary objective of the report was to gather information on pension charges levied, to assess whether these charges are reasonable and transparent, to report on the findings and to make recommendations. The report highlights a wide range of issues in relation to pension charges and identifies that there are major challenges to be addressed in the two main areas of reasonableness and transparency of charges.

The launch of the Report on Pension Charges was followed by a three month consultation with stakeholders. There was a broad range of views expressed in the submissions received as well as a range of suggestions and proposals aimed at improving various aspects of the pension charging environment. Following the consultation period, it was agreed by Government in April 2013 that the recommendations contained in the report will be implemented.

A Pension Charges Working Group was established in April 2013 to initiate actions that follow up on the recommendations of the report. This group comprises the Department of Social Protection, the Pensions Authority and the Central Bank. Each has a core role to play in delivering on the recommendations contained within the Report on Pension Charges and work is progressing in this regard.

In addition, progress on the issue of pension charges will be supported by recent actions to restructure the Pensions Authority and strengthen governance and regulation of the country’s occupational pensions and give consumer representatives a greater input into pensions policy. I have highlighted that the first task of the new Pensions Council will be to monitor the implementation of the recommendations in the Report on Pension Charges and advise if further actions are needed.

As the Deputy is aware, the rural social scheme (RSS) provides income support for farmers and those engaged in fishing who have an entitlement to specified social welfare payments. There has been no change in the qualifying criteria for eligibility to participate on the RSS. All new entrants to the scheme from 17 September 2012 are paid the equivalent of their existing rate of social welfare payment plus €20 per week, subject to a minimum weekly payment of €208. These changes bring the payment rates in line with other similar schemes, such as community employment and Tús, and removed the anomaly whereby a person with a low value of farm assist payment as a result of high means was remunerated disproportionally when engaged on the RSS. Since September 2012, approximately 240 positions on the RSS and have been filled with estimated savings of approximately €10,000 to date as a result of the changes outlined above.

In relation to Farm Assist, changes were introduced in Budget 2012. The amount of means from self-employment which is assessed against the claim was increased from 70% to 85%. In addition, the means testing disregards for child dependents of claimants was halved from €254.00 to €127.00 per year for each of the first two dependent children and from €381.00 to €190.50 per year for each subsequent child. The savings from both these measures were approximately €5.15m in 2012, and in each subsequent full year. In Budget 2013 the rate of assessment of means from self-employment, including farming, was raised from 85% to 100%. The deductions from income for children were discontinued. The expected savings were approximately €3.75m in 2013 and €5m in each subsequent full year.

My Department has no information regarding farming productivity. This is a matter for my colleague, Simon Coveney, T.D., Minister for Agriculture, Food and the Marine.

The State pension is a very valuable benefit and is the bedrock of the Irish pension system. Therefore, it is important to ensure that those qualifying have made a sustained contribution to the Social Insurance Fund over their working lives.

As provided for in Budget 2012, from September 2012, new rate bands for State pension were introduced. These additional payment rate bands more accurately reflect the social insurance history of a person and ensure that those who contribute more during a working life benefit more in retirement than those with lesser contributions.

The Exchequer savings arising are estimated to be in the region of €5 million for 2014. However, it is expected that this will increase over time, as the provisions are applied to new pensioners entering the system.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 13th March 2014. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers have been received in the Social Welfare Appeals Office on the 7th April 2014 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

An application for domiciliary care allowance was received from the person concerned on the 14th August 2013. The application was disallowed as the child was not considered to satisfy the qualifying conditions for the allowance. A letter issued on the 6th November 2013 advising of the decision.

The person concerned subsequently requested a review of that decision. The case was reviewed by a deciding officer on the 24th February 2014. The deciding officer considered that a revision of the original decision was not warranted having examined all the information supplied and the opinions of the medical assessor’s. A letter issued on the 25th February 2014 advising of the decision.

An appeal was subsequently lodged against the decision. As part of the appeal process, the application including any new information supplied has been forwarded for further consideration by one of the Department’s Medical Assessors.

Upon receipt of the Medical Assessor’s opinion, the case will be further examined and a revised decision will be made if warranted or the case will be forwarded for consideration by the Appeals Office.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 17th April 2014. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

While the Deputy has not referred to jobseekers specifically, I will respond to his question in the context of people who are in receipt of a jobseeker’s payment.

I am deeply conscious of the long and valuable tradition of volunteering in this country and I am committed to ensuring that this continues to thrive. To facilitate the commitment to the voluntary community, the Department operates a Voluntary Work Option for customers on the jobseeker schemes. Under these arrangements, a jobseeker customer may engage in voluntary work within the State without affecting their jobseeker entitlements, provided they continue to satisfy the statutory conditions of being available for full-time employment and genuinely seeking work.

Examples of voluntary work in which jobseekers may engage include helping the sick, elderly or persons with a disability or assisting youth clubs, church groups, sports groups, cultural organisations and local resident associations. Voluntary groups may be locally or nationally organised and may include community groups.

Details of the Voluntary Work Option arrangements are published on the Department’s website www.welfare/.ie and in order to promote the availability of this option, all staff involved in the administration of the jobseeker schemes have been reminded of these arrangements and of the procedures under which they operate.

Any jobseeker customer wishing to engage in voluntary work while seeking employment should first notify their Intreo/local office.

Details of the Voluntary Work Option are also published on the Volunteer Ireland website.

A key priority for Government is to ensure that fraudulent activity within the social welfare system is vigorously prevented and combatted. A key element of this is the active policing of the shadow/hidden economy sector where there is a prevalence of social welfare fraud and tax non-compliance. This is as much about ensuring a level playing field for compliant businesses and taxpayers as it is about combating social welfare fraud.

The new Compliance and Anti-Fraud Strategy 2014 – 2018, which I launched last week, builds on the approach and progress made under the Fraud Initiative (2011 – 2013). The new Strategy contains a number of measures – some new and some of which are building on approaches that have been successfully rolled out over the past couple of years.

In conjunction with other agencies and, in particular, with Revenue, the Department tackles shadow/hidden economy working by a combination of joint intelligence collation, assurance checks and outdoor operations, including inspections and direct investigations.

Joint Investigation Units (JIUs) have been established between the Department and Revenue. These units play a key role in targeting particular types of shadow/hidden economy activity and workers in the employed sectors, including construction. Work carried out by the JIUs includes monitoring and compliance activity associated with sectors where tax compliance and social welfare fraud and abuse are common.

In addition, the Department participates on the Hidden Economy Monitoring Group with Revenue, employer and union representative bodies. This Group provides a formal structure to monitor developments, share experiences and make proposals for combating the shadow/hidden economy. The Department also engages and meets with business and industry representatives. Increasingly, the Department is finding that bodies and individuals are prepared to share insights and specific information with us with regard to shadow/hidden economy activity. Representative bodies are increasingly conscious of the fact that their members are not operating on a level playing field with shadow economy operators who are gaining an unfair competitive advantage.

The approach taken by the Department is frequently reviewed and is regularly adjusted to concentrate on the areas of greatest risk, based on its operational experience and credible information received from industry and business sectors.

The purpose of the rent supplement scheme is to provide short-term income support to assist with reasonable accommodation costs of eligible people living in private rented accommodation who are unable to provide for their accommodation costs from their own resources and who do not have accommodation available to them from another source. There are currently approximately 78,000 rent supplement recipients for which the Government has provided over €344 million for 2014.

To qualify for rent supplement a claimant must:

- have been residing in private rented accommodation (where at the commencement of the tenancy the person could have reasonably afforded the rent and has experienced a substantial change in his or her circumstances where they are now unable to pay the rent) or accommodation for homeless persons or in an institution (or any combination of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement,

or

- assessed by a housing authority pursuant to section 9 of the Housing Act 1988 (as amended by section 75 of the Health Act 2004) as having a housing need.

It is the Department’s policy that an assessment of eligibility for social housing support should be carried out by the relevant local housing authority in the area where a claim to rent supplement is made and the person intends to reside. This ensures that the relevant local authorities are made aware of and can take responsibility for the long-term housing needs of rent supplement tenants living within their administrative area. This reflects both the responsibility of local authorities in providing long-term housing supports and the temporary income support nature of rent supplement. Without this measure rent supplement recipients would be unknown to their respective local authority, where they currently reside, with the potential that they may lose out on an offer for social housing.

The Department’s strategic policy direction is to transfer responsibility for recipients of rent supplement with a long-term housing need to local authorities under the Housing Assistance Payment (HAP). Officials are working closely with those in the lead Department of Environment, Community and Local Government, in piloting HAP in Limerick with further roll out to selected local authorities during the year.

While there is no record that the person concerned has contacted the community welfare service, a community welfare officer will endeavour to make contact with him on his mobile phone as a matter of urgency.

Further to my response to PQ 14496/14 on 27th March 2014, I am advised by the Social Welfare Appeals Office that there is no change to the information previously given in this case.

The Social Welfare Appeals Office have no trace of any appeal from the person concerned and, despite an extensive search of its records, there is no evidence of any communication relating to an appeal having issued to the person concerned at either of the addresses mentioned by the Deputy.

If the Deputy can provide any evidence relating to the correspondence from the appeals office, which he states was sent to the wrong address, the matter will be investigated further.

As previously advised to the Deputy (replies to representations on 05th & 19th February 2014 refer) it is open to the person concerned to make a new application for disability allowance to the Department and to have the matter determined afresh in light of any changed circumstances.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

An application for domiciliary care allowance (DCA) was received from the person concerned on the 27th March 2014. This application has been forwarded to one of the Department’s Medical Assessors for their medical opinion. Upon receipt of this opinion, a decision will be made and notified to the person concerned. It can currently take up to 10 weeks to process an application for DCA.

The total number of persons aged 62 and over currently on the live register is 16,776 at the end of March. A breakdown of this figure is detailed in the following tabular statement.

Number of persons aged 62 and over on the live register at the end of March

The rate of State pension (contributory) a person qualifies for on reaching the age of 66 depends upon, among other conditions, the average number of contributions paid or credited each year, from the time they enter insurable employment.

The homemaker’s scheme was introduced in 1994 to make qualification for State pension (contributory) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years spent caring for children under 12 years of age or incapacitated people to be disregarded when a person’s social insurance record is being averaged for pension purposes.

To be eligible for the homemaker’s scheme, a person must:

- Permanently live in the State (exception may be made where EU regulations apply),

- Be aged under 66,

- Have started insurable employment or self-employment before the age of 56,

- Not work full-time, although for the purposes of this scheme, a person can work and earn less than €38 gross per week,

- Care for a child (under 12) or an incapacitated person on a full-time basis.

The scheme allows up to 20 years spent caring for children under 12 years of age, and/or an incapacitated person, to be disregarded when a person’s social insurance record is being averaged for pension purposes.

However, it is important to note that the scheme will not, of itself, qualify a person for a pension. The standard qualifying conditions, which require a person to enter insurance ten years before pension age, pay a minimum of 520 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time they enter insurance until they reach pension age, must also be satisfied. For those who do not satisfy these conditions, and have an income need, a means-tested State pension may be available.

Under the pension reform programme, it is planned to adopt a total contributions approach where the number of contributions paid over a work life will closely reflect the rate of payment received. This approach was endorsed by the OECD Review of the Irish Pension System, which was published in April 2013. It has been planned to introduce this change in 2020, although this date may change.

There are a number of issues which will be considered before the total contributions approach is introduced, and the issue of workers, mostly women, who spend a number of years out of the labour market caring for children and/or incapacitated people is one which will be addressed in the context of this reform.

In order to qualify for a Jobseeker payment, a person must meet certain conditions, including the requirement to be available for, capable of and genuinely seeking full-time work. A range of sanctions, including disqualification, closure or disallowance of the jobseeker’s claim, may be imposed where a client fails to meet the stated conditions. A jobseeker’s claim may be reviewed at any time in order to establish a person’s continued entitlement.

Additionally, in relation to activation, legislation provides that further sanctions/penalties in the form of reduced payments may be imposed by a Deciding Officer where clients fail, without good cause, to comply with activation measures. Activation measures include the requirement to attend group or individual meetings, and/or avail of suitable education, training or development opportunities, or specified employment programmes, which are considered appropriate to a person’s circumstances.

Total numbers of reduced rates applied, since their introduction in Q2 2011, are as follows:

Departmental savings result from control activity where a claim is reduced or terminated as a result of unreported customer error or fraud. The saving is the future amount of money estimated to be saved by the Department on a claim in payment. The primary aim of penalty rate sanctions is to achieve engagement and co-operation by jobseekers with the Department in its efforts to provide interventions and opportunities to the individual to reconnect them with the labour market. As such, their purpose is to act initially as a deterrent to non-compliance with activation measures and then as a means to increase compliance.

Penalty rate sanctions are imposed for varying durations, determined by the circumstances and activities of individual jobseekers, and normal payment is reinstated following compliance with activation measures.

The Labour Court recommended in July 2008 (LCR19293) that an agreed pension scheme should be introduced for Community Employment (CE) scheme supervisors and assistant supervisors and that such a scheme should be adequately funded by FÁS. Notwithstanding the position of this Department (which now has responsibility for CE) in rejecting that liability for these costs to be met from public funds, this matter has been the subject of discussions with the Department of Public Expenditure and Reform and the unions representing CE supervisors.

Given the level of funding that would be required from this Department, the implementation of the claim is not considered sustainable in light of the current and ongoing fiscal environment and the requirement to contain and reduce public expenditure. The costs of the introduction of any scheme are likely to be of the order of €3m per annum with retrospective costs of the order of at least €30m.

It should also be noted that this Department is not the employer of CE supervisors and such employees are not public servants. The responsibilities of the sponsoring organisations and the individuals concerned must also be recognised when considering pension provision arrangements.

The Department provides funding up to a maximum age at which a person becomes eligible for the State Pension. No CE participant or CE supervisor can be funded by the Department beyond that age.

Post-graduate courses that lead to a higher diploma in any discipline or the professional diploma in education (PDE) are the only eligible post-graduate courses supported under the back to education allowance scheme (BTEA). The professional masters in education (PME) will replace the current PDE from September 2014. The Department is currently in discussions with the Departments of Education and Skills and Public Expenditure and Reform on extending the current eligibility of BTEA to the PME.

The Department has conducted an investigation to determine how the files left the Department’s possession. The four files to which the Deputy refers were inadvertently misplaced on the afternoon of Friday 11th April last when an officer of the Department was conducting out of office visits to clients concerning their social welfare entitlements.

In an effort to retrieve the files the officer contacted all the clients whom he had visited that day but without success. The files were subsequently retrieved from the offices of the Independent Newspapers later that evening after they had been handed to those offices in by a concerned citizen.

Contact was made with three of the four clients who were advised about the nature of the data breach that occurred and each received an apology from the Department. Efforts are continuing to contact the fourth person who appears to have changed his address.

The Office of the Data Protection Commissioner was immediately informed about the incident.

The Department has guidelines in place which address the security measures to be followed when handling files on outdoor duties.

The Department takes its responsibilities in relation to data protection very seriously and every effort is made to ensure that clients’ personal data are held securely at all times. Staff members, particularly those engaged on outdoor duties, are regularly reminded of their responsibilities in this regard.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on the 25th April 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The State pension is a very valuable benefit and is the bedrock of the Irish pension system. Therefore, it is important to ensure that those qualifying have made a sustained contribution to the Social Insurance Fund over their working lives. This is particularly important given the challenges in relation to the future sustainability of the State pension, with increased numbers of older people living longer.

To ensure that the individual can maximise their entitlement to State pension, all contributions (paid or credited) from when they first enter insurable employment until pension age are taken into account when assessing whether they are entitled to a State pension, and the level of any such entitlement.

Once over 16 years of age, the date a person enters into insurable employment is taken as the date used for averaging purposes in order to qualify for a State pension.

To qualify for a state pension a person must:

- have at least 520 paid contributions and

- satisfy a yearly average condition (a yearly average of 48 contributions paid or credited is required for a full rate pension, and reduced rates of payment may be payable for pensioners with lower averages). The yearly average test has been in existence since 1961 when contributory pensions were first introduced. The scheme was designed with a view to ensuring that people could qualify for contributory pensions immediately and to suit a system where social insurance coverage was limited.

As provided for in Budget 2012, from September 2012, new rate bands for State pension were introduced. These additional payment rate bands more accurately reflect the social insurance history of a person and ensure that those who contribute more during a working life benefit more in retirement than those with lesser contributions.

For those who have insufficient contributions to qualify for a full or partial State pension (contributory), the social protection system provides alternative methods of supporting such pensioners in old age. The homemaker’s scheme was introduced in 1994 to make qualification for State pension (contributory) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years spent caring for children under 12 years of age or incapacitated people to be disregarded when a person’s social insurance record is being averaged for pension purposes.

Persons who have insufficient contributions to qualify for a full State pension (contributory), may qualify for a means tested State pension (non-contributory). In addition some affected persons may be entitled to a qualified adult increase on their spouse’s/partner’s pension payment. This increase is paid directly to the qualified adult.

The success of all of these measures in ensuring equality of outcomes for men and women is evidenced by the poverty statistics, which show that women over the age of 65 are less likely to be in poverty than men of the same age.

The most recently published Actuarial Review of the Social Insurance Fund confirms that the Fund provides better value to female rather than male contributors. It also examined the changes in the contribution rules and the associated rates of payment which were to be introduced in September 2012. It found that those with lower earnings and those with shorter contribution histories will continue to obtain the best value from their contributions.

A total contributions approach to pension qualification will replace the current average contributions test for State pension (contributory) in 2020, although that date is subject to change. Issues such as equality of outcomes, including those who spend some years outside the labour market on caring duties, will be considered carefully in the context of that reform.

The person concerned has been in receipt of rent supplement in respect of her tenancy at the address she resided at until April 2014. As she has confirmed that she recently changed her address, this payment will now cease.

However, the person concerned should submit a fresh application for rent supplement in respect of her current tenancy. On receipt of such an application her entitlement will be assessed.

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to convene an oral hearing in this case.

Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements for the oral hearing have been made.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The full information requested is not available at present. The table below indicates the number of active scheme members in defined benefit (DB) and defined contribution (DC) pension schemes for the years 2011 and 2012. Deferred members have left the employment and are no longer contributors to the scheme.

Table 1: Active scheme members by year and scheme type

The Pension Authority is currently capturing current DB scheme information by scheme beneficiary type. This exercise should be completed in the near future and the resulting information will be made available to the Deputy.

I propose to take Questions Nos. 376 and 389 together.

The purpose of the rent supplement scheme is to provide short-term support to eligible persons living in private-rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. There are currently approximately 78,000 rent supplement recipients for which the Government has provided in excess of €344 million in 2014. The Department’s role with regard to persons who are homeless is mainly income maintenance. Under the social welfare system, homeless people have entitlements to the full range of social welfare schemes, including supplementary welfare allowance (SWA) and associated supplements, subject to the normal qualifying conditions. Under the Exceptional Needs Payments (ENPs) assistance may be provided towards rent deposits. This form of assistance is very important to those on low incomes who are at risk of, or who are homeless, or who rely on the private rented market to meet their housing needs. In 2013, some 4,300 people were assisted with rent deposits at a cost of €2.1 million.

The Community Welfare Services, including through its work in the Homeless Persons Unit (HPU) and the Asylum Seekers & New Communities Unit, already works closely with local authorities and other stakeholders to facilitate homeless persons to access private rented accommodation. This ensures that where possible, people are diverted away from homeless services and towards community-based supports.

The Dublin local authorities are currently engaging with the Department in developing a further interagency intervention system to identify vulnerable families who are in receipt of rent supplement and at risk of becoming homeless due to the imminent loss of their tenancy to ensure that the necessary supports can be put in place. The detail of this process and the necessary reporting requirements are currently being worked out between the various organisations.

This Department is represented on the Homelessness Implementation Team, chaired by the Department of the Environment, Community and Local Government, which will ensure greater integration between the key agencies involved in the area of homelessness as recommended by the First Report of the Homelessness Oversight Group.

My officials are engaged with officials from the Department of Jobs, Enterprise and Innovation on the issue of access to the industrial machinery of the state for representation of pension scheme beneficiaries.

These discussions are not being undertaken in the context of any particular scheme. Any proposals which may emerge from these discussions will apply to all pension schemes.

I propose to take Questions Nos. 378 to 380, inclusive, and 384 together.

The information requested by the Deputy is detailed in the tabular statement.

Number of participants at the end of December 2012, 2013 and end of March 2014

The information requested by the Deputy is set out in the table below:

Carer's allowance is a payment to people on low incomes who are looking after a person who needs support because of age, disability or illness (including mental illness). If a person is getting certain social welfare payments (such as the state pension) and is providing full-time care and attention to another person who is in need of full-time care, he or she can keep their main social welfare payment and get a half-rate carer’s allowance as well. If the person in question believes she is entitled to carer’s allowance she should apply as soon as possible. To apply she should fill in an application form for carer’s allowance, a CR1. The form includes a medical report which must be signed by the person receiving care and completed by his or her doctor. On receipt of a completed application the claim will be processed and a decision provided.

An application for disability allowance was received from the person concerned on 20 March 2013. The application, based upon the evidence submitted, was refused by a deciding officer on medical grounds and the person was notified in writing of this decision on 24 May 2013.

The person submitted further medical evidence in June 2013 and his application was reviewed. However, following this review there was no change to the original decision and the person was notified in writing of this outcome on 8 July 2013 and he was also advised of his right of appeal to the Social Welfare Appeal Office. The person did not appeal this decision.

It is open to the person in question to re-apply for disability allowance and he will be given a decision on his entitlement as soon as possible.

The Deputy will appreciate that it would not be appropriate for me to comment on matters relating to a particular pension scheme.

However, I can advise that the provision in the trust deed/scheme rules will determine the pension rights of scheme members. Where a pension scheme operates across EU Member States, the employees who are employed in a different Member State (i.e., the host Member State) may be subject to certain provisions (i.e., the social and labour law relevant to the field of occupational pensions) in that Member State which may provide for a different level of protection of pension rights.

The Deputy will be aware that I have introduced a range of measures in recent years to assist employers and trustees of pension schemes to ensure that pension provision is sustainable and that the rights of scheme members are secure into the future. These concerns have underpinned the recent amendments provided for in the Social Welfare and Pensions (No. 2) Act 2013. In developing this legislation, serious consideration was given to imposing an obligation on employers to secure a minimum level of scheme funding. It was decided not to proceed with such a measure given the current economic circumstances, uncertainties as to the overall impact of such a measure and the potential for unintended consequences.

I should advise that the recent changes to the Pension Act are underpinned by additional measures which are being put in place by the Pensions Authority to assist pension schemes achieve a sustainable funding position.

The Funding Standard requirements as set out in the Pensions Act require the trustees of a pension scheme to have sufficient resources in the scheme to meet its liabilities in the event of it being wound up. In the medium term, all defined benefit schemes will maintain additional resources in the form of a risk reserve in order to protect the rights of scheme members against future volatility in financial markets.

The Deputy will appreciate that it is not appropriate for me to comment on matters relating to an individual pension scheme.

A number of changes have been made to the Pensions Act in recent years to assist employers and the trustees respond to the funding challenges facing many defined benefit pension scheme.

The Social Welfare and Pensions Act 2009 broadened the options available to the trustees of a pension scheme in the event of the restructure of scheme benefits to include the benefits of deferred scheme members and post retirement increases in such benefits.

Prior to the 2009 Act, only the benefits of active scheme members could be considered in a restructure of scheme benefits. The Social Welfare and Pensions (No. 2) Bill further extends the options available to trustees of a scheme to include a portion of benefits payable to pensioners. It essentially provides for the sharing of the risk of scheme underfunding across all scheme members. However, the legislation restricts the extent to which pensioner benefits can be restructured as it is considered that this category of beneficiary has less potential to respond to a restructure of scheme benefits.

Deferred and active scheme members are treated equally for the purposes of a scheme restructuring under section 50 of the Pensions Act. A deferred scheme member is a scheme member who has left employment to which the scheme relates and who is entitled to a pension payment at a future date. A deferred member may be close to retirement or may be many years from retirement age and may have the opportunity to accumulate pension entitlements in a number of pension schemes before reaching retirement age.

The issue of how these changes might be applied will be a matter for the trustees of a pension scheme who are required under trust law to act in the best interest of all scheme beneficiaries.

Any consideration of a restructure of pension scheme benefits must comply with the provisions in the Pensions Act and with guidance issued by the Pensions Authority. The Pensions Authority must be satisfied that these provisions are complied with before the Authority will consider issuing a notice to restructure scheme benefits.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 4 December 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on the 22 April 2014 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on the 16th April 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 6th November 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on the 20th March and the case was referred to an Appeals Officer on the 28th March 2014 who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I propose to take Questions Nos. 399 and 410 together.

As I indicated in a statement on 14 April 2014, I have no plans whatsoever to sell national parks, which include Killarney National Park, or to privatise the management, preservation or conservation of these parks.

At the same time, my Department is always looking at ways to improve the tourism and education dimensions and visitor services at national parks, whilst making the best use of the resources available. In that context, my Department will continue to explore the potential of using alternative models to augment its visitor services and nature education services nationally.

For information, the statement to which I referred earlier is available on my Department’s website and may be accessed at the following web address: http://www.ahg.gov.ie/en/PressReleases/2014/April2014PressReleases/htmltext,17802,en.html.

I propose to take Questions Nos. 400 and 401 together.

As the Deputy is aware, following ongoing discussions between my Department and the Bank of Ireland, the facilitation of a Cultural and Heritage Centre at the Bank of Ireland Branch at College Green, Dublin 2 was recently announced. The Bank of Ireland at College Green is one of the most iconic buildings in Dublin City. It was the first purpose-built Parliament in Europe, completed in 1739, and served as Ireland’s Parliament until the Act of Union in 1801.

The space for the Centre will be made available to the State for a ten year period, to run alongside the Decade of Centenaries. It is envisaged that exhibitions at the Centre will include a significant focus on key events in Irish history – up to the centenary of the Civil War – which led to the creation of modern Ireland, whilst also including a strong cultural component.

Bank of Ireland will cover the costs of refurbishing the space and operating the Centre. My Department, in partnership with the Bank, will manage, operate and animate the Centre. I very much welcome Bank of Ireland's decision to make the space available and would like to thank the Bank for strongly supporting this initiative.

As the matter is at an early stage of development, it is not possible yet to offer specifics about the programme of events or the operation of the centre, including potential staffing arrangements. I am currently considering the precise composition of the expert committee. However, I believe the work to be carried out in the centre will have a significant impact on enriching the cultural programme during the Decade of Centenaries and over the next 10 years.

My Department provides both capital and current funding for Gaeltacht areas in Co. Donegal under the various schemes and initiatives administered in the Gaeltacht. As is the case with all other Gaeltacht areas, the funding provided by my Department in Gaeltacht areas of Co. Donegal supports the Irish language as the principal community language of these areas. Details of the funding provided for Gaeltacht areas in Co. Donegal in 2012 and 2013 are listed in the tables below.

While the site referred to by the Deputy is protected under the National Monuments Acts 1930-2004, it is not in my ownership or guardianship as Minister for Arts, Heritage and the Gaeltacht. Therefore, neither my Department nor the Office of Public Works is responsible for its conservation, repair or maintenance. However, as it is a recorded monument, any proposals for works at the site would need to be submitted to me, as Minister, in advance. My Department has been in contact with Cork County Council in relation to the works required on the site. I understand that the Council carried out an examination last year of the effects of flood damage at that time and prepared an archaeological assessment and specification for remedial works. However, it appears that further damage may have been sustained in the meantime, the extent of which has yet to be finally determined due to ground conditions. Accordingly, a revised and updated assessment needs to be produced by the Council.

My Department will provide the Council with any advice or guidance that may be required in relation to archaeological issues or the procedures under the National Monuments Acts.

I propose to take Questions Nos. 404 to 406, inclusive, together.

A High Level Implementation Group, chaired by Professor John Coolahan, Professor Emeritus NUI Maynooth, was established to oversee the implementation of the Arts in Education Charter. Its membership includes the Director of the Arts Council, a representative of the Irish World Academy of Music and Dance at the University of Limerick, and senior officials from my own Department and the Department of Education and Skills.

The Group has met 17 times to date and has been proactive in meeting organisations from both the arts and education sectors. In accordance with the Charter, the Group has presented its first two formal reports to Minister Quinn and myself on 3 September 2013 and 9 April 2014.

The continued process of holding meetings with stakeholders, as well as receiving submissions from key agencies is in accordance with the provisions under Dialogue and Partnership in the Charter is ongoing.

Progress is being made on a number of initiatives, including :-

- Engagement with the wider education agenda through participation in key events and conferences;

- Ongoing dialogue with the National Cultural Institutions - in particular with the Education, Community and Outreach grouping;

- Engagement on the development of collaborative partnerships between strategic groups such as the National Council for Curriculum and Assessment and the Arts Council;

- Gathering of information on research that has been undertaken with a relevance to arts education and arts-in-education;

- Development of a website/portal as a key communications and information channel for both the education and arts sectors;

- Development of proposals for an Arts-Rich Schools Scheme to raise interest among school communities in cultivating the arts as a desired feature of school life, and for artists to become involved in the programme;

- Consideration of the best means of providing updated information and guidance on arts-in-education activities; and

- A joint symposium, next month, to further contribute to and enhance the engagement and working relationships between the higher education and the arts sectors.

As the Deputy will be aware, I have no responsibility for the day to day running of the National Gallery. However, I have been informed that part of the major restoration project underway at the National Gallery includes the provision of a new energy centre, which is necessary to provide modern environmental conditions and services in line with best international museum practice. I am advised that it was not possible to keep the existing magnolia trees, which are located where the energy centre will be built. I am informed that a group of new magnolia trees will be planted instead in the west corner of the lawn to complete the garden composition.

Tá Coiste Stiúrtha bunaithe ar a bhfuil ionadaíocht ó na páirtithe leasmhara ábhartha, lena n-áirítear mo Roinn féin, Údarás na Gaeltachta, Comhairle Contae na Gaillimhe, Oifig na nOibreacha Poiblí agus Fáilte Éireann, chun an togra seo a stiúradh le cinntiú go mbeidh sé curtha i gcrích laistigh den amscála atá beartaithe. Chuige sin tá na céimeanna cuí, a bhaineann go príomha le cúrsaí pleanála, cúrsaí suímh agus nithe gaolmhara eile, á dtógáil faoi láthair chun an togra a bhrú chun cinn. Tá €0.5m curtha ar fáil i Vóta mo Roinne i mbliana don togra seo agus táim ag súil go mbeidh maoiniú dóthanach ar fáil don togra idir na páirtithe leasmhara éagsúla. Ní miste dom a rá fosta nach bhfuil aon mhoill leis an obair seo ach go bhfuil lán comhoibriú agus lán tacaíocht ann ó na páirtithe leasmhara éagsúla le cinntiú go gcuirfear an togra i gcrích in am do chomóradh 100 bliain Éirí Amach 1916.

A decision on whether or not to extend the derogation in regard to the use of Irish in EU institutions for a further period of time is required by December 2015 at the latest. In this context, my Department is engaged in discussions with various stakeholders, including the Department of the Taoiseach and the EU institutions, in order to formulate specific proposals on the optimal approach to the derogation. It is hoped to bring the matter forward for consideration by Government in due course.

It should also be noted that, as part of the Government's strategy to ensure that a sufficient number of qualified personnel are available to meet the needs arising from the recognition of Irish as an official and working language of the EU, my Department continues to provide substantial funding for a range of specialised third level courses and for the development of Irish language terminology for the EU terminology database, InterActive Terminology for Europe (IATE).

Under the Wildlife Acts 1976-2012, badgers are afforded the status of protected wild animals. Although they are not listed under the European Union Habitats Directive, they are fauna listed in Appendix III of the Convention on the Conservation of European Wildlife and Natural Habitats (or Bern Convention). Under this Convention, each Contracting Party, including Ireland, must take appropriate and necessary legislative and administrative measures to ensure the protection of such wild fauna and to ensure that any exploitation of such wild fauna shall be regulated in order to keep the populations out of danger.

Population estimates for badgers have been generated on a number of occasions in recent years and do not indicate any significant reduction in badger numbers. The most up to date figures, which are based on a peer reviewed paper published in February this year by scientists in UCD, Teagasc and in the Department of Agriculture, Food and Marine, puts the national population at between 70,000 and 90,000 animals. This closely matches the previous population figure of 84,000 calculated in 2009 by researchers in University College Cork.

My Department will continue to use all available scientific peer reviewed research when implementing badger conservation policy in Ireland.

I am advised by Waterways Ireland that the towpath of the Royal Canal is closed to pedestrians between Jones Road and Drumcondra Road at Binns' Bridge due to the collapse of a section of the supporting wall last year. I am also informed that Waterways Ireland has set aside capital funding in this year's Business Plan to enable structural repairs to be undertaken and it is expected that the remedial works will be completed and the towpath reopened in September/October 2014.

Under the voluntary bog purchase scheme administered by my Department individuals with a legal interest in raised bog special areas of conservation or natural heritage areas could apply to sell their interest in these sites at set rates. In May 2010, the then Minister announced the closure of the voluntary bog purchase scheme to new applicants.

The purchase of land or a turbary right under the scheme cannot proceed until the Chief State Solicitor’s Office is satisfied that all is in order for the sale to close and until contracts for sale have been executed by the vendor and I, as Minister for Arts, Heritage and the Gaeltacht. There is often a significant amount of work to be undertaken and legal matters to be investigated prior to the execution of contracts for sale.

There are two species of seal in Irish waters - the Harbour or Common Seal and the more numerous Grey Seal. Both are protected under the EU Habitats Directive. Ireland is obliged to monitor their populations and report on their status every six years. The most recent report submitted to the European Commission in June 2013 is available on the website www.npws.ie. Management of seal populations will require careful consideration of recently published studies from Bord Iascaigh Mhara and the Marine Institute concerning seal depredation (fish eaten by seals during fisheries operations) and bycatch of seals in set nets.

I understand further work is underway to enhance our understanding of this complex area. The assessment of risk from inshore sea fisheries in relation to the Natura 2000 network by the Department of Agriculture, Food and the Marine and the Marine Institute later in 2014 will also need to carefully consider seal-fisheries interactions. All these studies will continue to inform policy in relation to seal protection.

While seals are protected under the Wildlife Acts, licences may be sought under section 42 of the Wildlife Act to scare or kill seals where damage is being caused.

As the Deputy will be aware, Dunsany Cross has been severely damaged to an extent that has required it to be removed from its site for safekeeping. My Department is assessing the options for the repair and future presentation of the Cross and is canvassing expert opinion to identify potential solutions for its long-term care and conservation. In the meantime, the Cross remains in secure storage in Dunsany Castle and I wish to put on record my appreciation of the continued co-operation and assistance of Lady Dunsany and her staff in accommodating the Cross during this period.

The Wildlife Acts 1976 to 2012 prohibit the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from 1 March to 31 August during the nesting and breeding season for birds and wildlife. Vegetation such as hedgerows and scrub is important as wildlife habitat and needs to be managed in the interests of both farming and biodiversity.

I have initiated a review of the current legislation to ensure that it remains both effective and balanced. As part of that review, the potential for setting the relevant dates by statutory instrument, rather than in primary legislation, as is the position currently, will be examined.

Glacaim leis go bhfuil an Teachta ag déanamh tagairt do staid reatha an chonartha chun seirbhís aeir a chur ar fáil d’Oileáin Árann faoi Oibleagáid Seirbhíse Poiblí. Is féidir liom a dheimhniú go bhfuil an conradh reatha i bhfeidhm go dtí an 30 Meán Fómhair 2014. Tá rogha síneadh bliana a chur leis ar na coinníollacha céanna is a bhaineann leis an gconradh atá ann faoi láthair.

Mar is eol don Teachta, tá athbhreithniú á dhéanamh ag mo Roinn ar riachtanas na seirbhíse aeir i gcomhréir le rialacha an Aontais Eorpaigh. Ina thaobh sin de, dírím aird an Teachta ar fhreagraí a thug mé ar Cheisteanna faoin ábhar seo cheana, ar a n-áirím Ceist Uimh 38 den 6 Márta 2014.

Tuigtear dom ó Fhoras na Gaeilge go bhfuil maoiniú á chur ar fáil aige i láthair na huaire do na foilseacháin Ghaeilge seo a leanas a fhoilsítear i bhfoirm chlóite nó ar líne: An Sagart, An Timire, An tUltach, Beo.ie, Comhar, Feasta, Gaelport, NÓSmag agus SAOL. Cé go dtiocfaidh deireadh leis an maoiniú seo i mbliana, tuigtear dom go bhfuil pleananna ag Foras na Gaeilge chun an iriseoireacht Ghaeilge a chothú tuilleadh agus pobal léitheoireachta na Gaeilge a spreagadh i rith an ama. Sa chomhthéacs seo, tá cinneadh tógtha ag Foras na Gaeilge maoiniú a thabhairt do nuachtán seachtainiúil ar líne a bheidh á fhoilsiú ag Tuairisc.ie faoi chonradh ceithre bliana ó Mheán Fómhair 2014. Ina theannta sin, tá sé i gceist ag Foras na Gaeilge scéim le haghaidh iris stíl mhaireachtála ar líne a fhógairt ag deireadh mhí na Bealtaine agus scéim le haghaidh foilseachán liteartha/cúrsaí reatha a fhógairt san fhómhar.

I propose to take Questions Nos. 419 and 421 together.

A compulsory charge for anglers is not being introduced in the context of the proposed new inland fisheries legislation. I have set this position out clearly on a number of occasions, but would, in particular, refer the Deputies to the reply to Question No. 628 on 25 March which addresses the issues they have raised in considerable detail.

The Sustainable Energy Authority of Ireland (SEAI) administers the Better Energy Homes Scheme under the Better Energy Programme. Better Energy Homes provides a financial incentive to private homeowners who wish to improve the energy performance of their homes. Fixed grants are provided towards the cost of a range of measures including attic insulation, wall insulation, heating systems upgrades, solar thermal panels and accompanying BER (Building Energy Rating).

For those householders not in a position to afford the upfront costs associated with the Better Energy Homes scheme, the National Energy Efficiency Action Plan includes a commitment to roll out a Better Energy Financing (BEF) scheme for domestic buildings. The BEF model proposes to assist householders finance energy efficiency measures through the provision of affordable finance, undertaken as part of a robust and quality assured process that will protect consumers and ensure high-quality workmanship.

My Department established a project team to identify the components of a BEF Scheme under the direction of a Project Board representing key state and industry stakeholders. The work of the project team has now concluded and the project team's proposals for the progression of a BEF Scheme are currently being considered by my officials.

I understand the Deputy is seeking consideration of the possibility of reinstating licences for former salmon fishermen who availed of the Salmon Hardship Scheme which was funded by the State to facilitate a cessation of fishing.

The Hardship Scheme was introduced following a Government decision to cease the commercial salmon mixed stock fishery in the sea for conservation reasons. Under this scheme, which was administered by Bord Iascaigh Mhara (BIM), €25m was targeted at commercial salmon fishermen who were active in the fishery at the time and funding was provided to fishermen for them to leave the fishery and diversify into new activity. It closed for applications on 31st December 2007 and was wound up in 2008 with all funds expended.

While the scheme was administered by BIM, I understsand that payments to individuals were based on verifiable track record and recorded catches in the five years prior to its introduction. The average payment under the scheme was almost €23,000 and the highest payment was over €195,000.

Conditions of the scheme included that nets had to be verifiably decommissioned to the satisfaction of the then local Regional Fisheries Board and those fishermen who availed of the Hardship Scheme would not be entitled to a licence in the future. Given the conditions of the Scheme it is not possible to reinstate licences for fishermen who availed of it.

I refer to the reply to Question No. 319 [12182/14] of 11 March 2014. The position is unchanged.

Since market liberalisation in 1999, the provision of telecommunications services, including broadband services, is primarily a matter for the service providers concerned who operate in a fully liberalised market, regulated by the independent regulator, the Commission for Communications Regulation (ComReg). The market has developed into a well-regulated market, supporting a multiplicity of commercial operators, providing services over a diverse range of technology platforms. Details of broadband services available in each County, including County Kerry, can be found on a number of commercial websites as well as the websites of individual commercial operators. The State only becomes involved in the provision of services in instances of clear market failure, such as in the case of the National Broadband Scheme (NBS). My Department entered into a contract in late 2008 with Hutchison 3G Ireland Ltd (“3”) for the delivery of the NBS. The Scheme offers a basic broadband service, in line with EU State aid clearance, to fixed residences and businesses located within certain designated rural areas. I can confirm that the address referred to in the Question is covered by the NBS. Under the terms of the contract, the NBS mobile wireless service currently offers minimum download and upload speeds of 2.3Mbps and 1.4Mbps respectively, subject to a maximum contention ratio of 18:1. The NBS satellite service, which is utilised in a small number of cases for technical reasons associated with the location of the premises, offers minimum download and upload speeds of 3.6Mbps and 384 kbps respectively, subject to a maximum contention ratio of 48:1.

Should any NBS customer experience problems with the NBS service, they are advised to contact 3's customer care centre, 24 hours a day 7 days a week, by phone at 1913 (free of charge), via email to nbssupport@three.ie or by post to 3 Customer Services, Hutchison 3G Ireland Limited, PO Box 333, Dublin 2. My Department has a role where customers have fully utilised the established complaints process and consider that their complaint has not been resolved. My officials operate a dedicated NBS mailbox, which NBS customers can contact by email at nationalbroadbandscheme@dcenr.gov.ie with any comments or complaints they may have about their NBS service. My Department will then liaise with “3” personnel at its Head Office in Dublin to ensure that any service performance issues, which are brought to its attention, are addressed as quickly as possible. I can confirm that to date my Department has had no contact from the customers referred to by the Deputy.

The Government’s National Broadband Plan, which I published in August 2012, aims to radically change the broadband landscape in Ireland by ensuring that high speed broadband is available to all citizens and businesses, including those in County Kerry. This will be achieved by providing:

- a policy and regulatory framework that assists in accelerating and incentivising commercial investment, and

- a State-led intervention for areas where it is not commercial for the market to invest.

Since the publication of the Plan, investments by the commercial sector are underway and in some instances have been accelerated in both fixed line and wireless high speed broadband services. Commercial operators combined have either invested, or committed to invest, over €2 billion in their Irish networks, delivering high speed broadband to homes and businesses. While the commercial developments are welcome the acceleration of investment is largely contained to cities and towns. The speeds that are available in these areas are demonstrably better than those that are available in more rural areas.

On 25 April, I signalled the Government's commitment to a major telecommunications network build-out to rural Ireland, with fibre as a cornerstone of its investment under the National Broadband Plan. This commitment is a clear expression of Government’s determination to address the connectivity challenge in rural Ireland in a meaningful and sustainable way. Central to the strategy will be a fibre build-out to locations in every county in the State identified as having no existing or planned enabling fibre network. It is intended that the fibre will be delivered directly to access points for homes and businesses, where service providers can utilise the fibre to provide high speed services to end users. The fibre build-out will also ensure that fibre is deployed to strategic locations on each route such as schools, business hubs and health facilities. The fibre build out will be part of an end-to-end strategy that will address all parts of Ireland that cannot access commercial high speed broadband services.

I have published a county-by-county list of towns and villages which have already been identified for a fibre build-out. This is an indicative list and is subject to the completion of the comprehensive mapping process currently underway. Further locations may be identified as this process continues. Similarly, it may be determined that some locations on the list will be addressed by the commercial sector and will therefore not require State intervention. The list is available on my Department’s website at www.dcenr.gov.ie. In tandem with the fibre build-out, the strategy will include measures to respond to aggregated community demand for services, and the provision of access services in the most remote areas where fibre rollout may be insufficient to stimulate commercial investment or may be cost-prohibitive.

Intensive design work is ongoing in the Department with a view to publishing an end-to-end implementation strategy later this year, together with the outcome of the mapping exercise which will identify the areas that require intervention. A full public consultation will take place once the strategy is published and EU State Aids clearance will be required for the intervention strategy once finalised. It is expected that the detailed procurement process will take place in 2015 with a view to commencing construction of the fibre network and provision of services as quickly as possible.

I fully share the concerns of local representatives about the quality of broadband in rural areas. I intend to ensure that rural Ireland enjoys similar opportunities to urban areas by ensuring an end-to end market intervention with fibre as a core component. In committing to a fibre build-out at the heart of this strategy, the Government is acknowledging that broadband is the key infrastructure of the 21st century.

A Television Licence is granted under section 143 of the Broadcasting Act 2009 to a person to keep and have possession of a television set in a premises or specified place in the State. In accordance with the television licence regulations made under Section 144 of the 2009 Act, every television licence issued is valid for a full 12 month period. While the timing of the commencement of this period varies depending on whether the licence issued is new or a renewal, the period of validity is fixed and the system does not currently allow for the granting of refunds or rebates.

As outlined in my reply to Question No. 613 of 25 March, the ownership of the telecommunications mast in this case and any legal issues therein are primarily matters for RTE and other parties to the case. Section 98 of the Broadcasting Act 2009 provides that RTE shall be independent in the pursuance of its objects and as such, I, as Minister, have no function in this matter. However, as the Deputy will be aware, my Department contacted 2rn (formerly RTÉNL) for its views on the matter. It is my understanding that the issue under dispute is currently before the Land Registry for consideration, as the right and proper Authority to make a determination in this case. It would be inappropriate for me to intervene in this process.

I propose to take Questions Nos. 427, 429, 433 and 437 together.

The Government’s National Broadband Plan, which I published in August 2012, aims to radically change the broadband landscape in Ireland by ensuring that high speed broadband is available to all citizens and businesses. This will be achieved by providing:

- a policy and regulatory framework that assists in accelerating and incentivising commercial investment, and,

- a State-led intervention for areas where it is not commercial for the market to invest.

Since the publication of the Plan, investments by the commercial sector are underway and in some instances have been accelerated in both fixed line and wireless high speed broadband services. Commercial operators combined have either invested, or committed to invest, over €2 billion in their Irish networks, delivering high speed broadband to homes and businesses. For example:

- Eircom is rolling out a €400 million investment in a Next Generation Access Fibre Network that offers speeds of up to 100Mbps. Service is already available to over 800,000 addresses, with planned coverage to reach 1.4 million addresses by 2016.

- UPC has invested over €500m in upgrading its cable network. Over 700,000 homes can already access minimum broadband speeds of 120Mbps and up to 200Mbps. Businesses can access speeds of 500Mbps.

- ESB is engaged in a new project allowing a fibre network to be rolled-out on its existing electricity infrastructure. It is understood that discussions between ESB and Vodafone to form a new Joint Venture Company are at an advanced stage. The company has initial plans to construct a fibre network directly to 450,000 premises outside of Dublin and it is expected that details will be announced over the coming weeks.

- Mobile operators have launched 4G high speed mobile broadband services following ComReg’s multiband spectrum auction. There has also been continued investment by all operators in enhancing and broadening 3G services and network improvements.

- Fixed wireless operators are continuing to invest in high speed point-to-point wireless broadband.

- The broadcaster Sky has entered the broadband market, increasing choice for consumers.

Of the estimated 2.3 million premises in Ireland, approximately 1.4 million are expected to be served by these commercial next generation broadband services over the coming years. This accelerated roll out of high speed services by the commercial sector means that the addressable area required by the State intervention has been reduced by 30% since the National Broadband Plan was launched. While the commercial developments are welcome, the acceleration of investment is largely contained to cities and towns. The speeds that are available in these areas are demonstrably better than those that are available in more rural areas.

On 25 April I signalled the Government's commitment to a major telecommunications network build-out to rural Ireland, with fibre as a cornerstone of its investment under the National Broadband Plan. This commitment is a clear expression of Government’s determination to address the connectivity challenge in rural Ireland in a meaningful and sustainable way. Central to the strategy will be a fibre build-out to locations in every county in the State identified as having no existing or planned enabling fibre network. It is intended that the fibre will be delivered directly to access points for homes and businesses, where service providers can utilise the fibre to provide high speed services to end users. The fibre build-out will also ensure that fibre is deployed to strategic locations on each route such as schools, business hubs and health facilities. The fibre build out will be part of an end-to-end strategy that will address all parts of Ireland that cannot access commercial high speed broadband services.

I have published a county-by-county list of towns and villages which have already been identified for a fibre build-out. This is an indicative list and is subject to the completion of the comprehensive mapping process currently underway. Further locations may be identified as this proces continues. Similarly, it may be determined that some locations on the list will be addressed by the commercial sector and will therefore not require State intervention. The list is available on my Departments website www.dcenr.gov.ie.

In tandem with the fibre build-out, the Strategy will include measures to respond to aggregated community demand for services, and the provision of access services in the most remote areas where fibre rollout may be insufficient to stimulate commercial investment or may be cost-prohibitive. Intensive design work is ongoing in the Department with a view to publishing an end-to-end implementation strategy later this year, together with the outcome of the mapping exercise which will identify the areas that require intervention. A full public consultation will take place once the strategy is published and EU State Aids clearance will be required for the intervention strategy once finalised. It is expected that the detailed procurement process will take place in 2015 with a view to commencing construction of the fibre network and provision of services as quickly as possible.

I fully share the concerns of local representatives about the quality of broadband in rural areas. I intend to ensure that rural Ireland enjoys similar opportunities to urban areas by ensuring an end-to end market intervention with fibre as a core component. In committing to a fibre build-out at the heart of this strategy, the Government is acknowledging that broadband is the key infrastructure of the 21 century.

To date the only commercial discoveries of petroleum made in the Irish offshore since exploration began are the three producing gas fields in the Kinsale area, along with the Corrib gas field. To date, there have been no commercial discoveries of oil in the Irish offshore. The Government’s strategy for the exploitation of the State’s hydrocarbon resources aims to maximize the level of exploration activity and increase the level of production activity, while ensuring a fair return to the State. Core elements of this strategy are: maximizing the benefits to the people of Ireland from its indigenous natural resources; providing opportunities and encouraging private industry to take the risk associated with exploration; taking initiatives to deepen knowledge of the potential of Ireland's offshore, in particular through supporting key research projects; and operating a robust regulatory regime. To ensure the maximum benefit for the people of Ireland from Ireland’s potential offshore hydrocarbon resources my Department appointed international experts Wood Mackenzie in March of this year to provide expert advice on the fitness for purpose of Ireland's fiscal terms for oil and gas exploration, development and production. When completed, their work will help inform decisions as to the appropriate fiscal terms.

I propose to take Questions Nos. 430 to 432, inclusive, together.

The process undertaken by Bord na Móna to explore the possibility of collaborating with market participants in relation to wind energy export from Ireland to Great Britain was an operational matter for the company and not one in which I, as Minister, had or have a function. Bord na Móna has extensive landholdings throughout the midland counties of Ireland. The peat resource on many of these areas is already fully depleted. The landholdings have potential for other alternative developments. Bord na Móna has, to-date, carried out considerable work in identifying and assessing those parts of its landholding that are most suitable for use in renewable energy developments, such as large scale wind farms. Following the recent announcement that the delivery by 2020 of a Midlands Wind Export project is not now a realistic proposition, Bord na Móna has confirmed that in the absence of an Inter Governmental Agreement between the Irish and British Governments it will not continue to develop its Clean Energy Hub project as envisaged at this point in time. However, the company will continue to assess the most advantageous options for the development of its significant renewable potential, whether for the domestic or possible future export markets. Bord na Móna, through its wind energy portfolio, including the Mount Lucas windfarm and its sister project at Bruckana, will play a critical role in contributing towards the achievement of Ireland's 2020 target of 40% of electricity from renewable sources.

The Broadcasting Act 2009 provides for the development of digital radio in Ireland. This Act gives RTÉ the power to establish and operate a multiplex for the purposes of providing a digital sound broadcasting service and gives the Commission for Communications Regulation (ComReg) responsibility for licensing spectrum in respect of digital sound broadcasting services. In addition, it provides that the primary responsibility for ensuring the development of commercial digital radio rests with the Broadcasting Authority of Ireland.In regard to the current availability of DAB services in Ireland, RTÉ operates a DAB service from five sites around the country and there is also a commercial trial DAB service operating from Three Rock Mountain near Dublin. In addition, the 2009 Act permits the services of analogue sound broadcasting contractors to be retransmitted in a digital format on UPC and other cable television systems and a number of radio services are available in a digital format via this medium, including RTÉ radio services and those of a number of local and national sound broadcasters. It should also be noted that RTÉ's national radio services and a number of RTÉ digital radio services are available on SAORVIEW and SAORSAT. While there are no plans at present to rollout DAB services on a national basis, the BAI will continue to monitor and consider the potential for the development of digital radio in Ireland. In this regard, the BAI has supported various DAB trials, has organised research and has indicated in its Work Plan for 2014 to 2016 its intention to further discuss the potential for DAB or other types of digital radio services through stakeholder meetings during the period covered by the plan.

The protection of children in so far as this issue is concerned is paramount and there are a number of initiatives already in place in this respect, notably through the Department of Education’s resources and support for parents and children as well as the various initiatives carried out by the Office for Internet Safety. It is also essential that children, young people and parents are educated as to the risks that can be found online, that parents and teachers are supported in explaining these issues to children and that the optimal technical solution to protect children is identified. In this regard, there are a range of tools available online to assist parents in managing internet access. The industry also shares in the responsibility to take all reasonable steps to protect children and I have met the Internet Services providers (ISPs) and mobile operators to explore these issues in detail. The industry has already rolled out a variety of measures and resources, with software and other tools available to help parents ensure online safety for their children.

I remain to be convinced that a blanket or ‘default on’ blocker such as that implemented in the UK would achieve the desired ends particularly in respect of smart phones and other mobile devices. I also question whether, in fact, it is open to Governments to impose a blanket or general obligation of this nature on ISPs. What we need to ensure is that the State responds appropriately and in a manner which is effective, workable and respects the rights of individuals. Work is continuing to identify measures which might prove effective. To this end I set up the Internet Content Governance Advisory Group in December of last year. The Group are considering issues such as that raised by the Deputy and will report to me in May. I intend to bring this report to Cabinet and the Joint Oireachtas Committe.

The current TV licensing system is underpinned by Part 9 of the Broadcasting Act 2009, which sets out inter alia the requirement to have a television licence and the penalties for not having a valid licence. In accordance with Section 142 of the Act, any premises at which a television is located requires a TV Licence regardless of its use. Currently, only one class of licence and one level of licence fee exist and this covers any number of devices so long as they are all in the same property (residential or commercial). In 2011, my Department carried out an internal evaluation of the feasibility and cost benefits of introducing different categories of licence. On foot of this exercise, it was decided to deal with the issues arising in the context of a wider on-going review in relation to the introduction of a household based Public Service Broadcasting Charge. As the Deputy will be aware, the Programme for Government commits to examining the role and collection of the TV licence fee in light of existing and projected convergence of technologies and to transforming the TV licence into a household based Public Service Broadcasting Charge to be applied to all eligible households and applicable businesses, regardless of the device used to access content or services.

In line with these commitments, my Department is involved in the ongoing analysis and policy development work that is necessary in advance of the implementation of any changes that may be required. I am currently considering the results of a public consultation process on the introduction of the proposed Public Service Broadcasting (PSB) Charge. The consultation was based on the outcome of a Value for Money (VFM) Review on the charge, which was conducted by my Department last year. The VFM Review and public consultation will inform proposals which I will bring to Government in due course.

The issue of post office closures is an operational matter for the board and management of An Post and one in which I have no statutory function. I understand An Post will be communicating with the Deputy shortly in relation to the case in question.

The Residential Tenancies (Amendment)(No. 2) Bill 2012 is currently before the Oireachtas and will amend the Residential Tenancies Act 2004 to provide for the inclusion of the Approved Housing Body (AHB) sector within the remit of the Residential Tenancies Act. The extension of the Residential Tenancies Act to AHB tenancies will provide greater security of tenure for AHB tenants, extend the rights and obligations in the Act to AHB landlords and tenants and provide them with access to the PRTB dispute resolution service. The Bill has passed all stages in the Dáil and S econd S tage in the Seanad. It is expected that it will be enacted by the end of the forthcoming summer legislative term.

While action to deal with anti-social behaviour is primarily a matter for An Garda Síochána, landlords are responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act 2004. The Act prohibits a tenant from engag ing in anti-social behaviour in, or in the vicinity of, a dwelling to which the Act applies and allows a landlord to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour. A notice period of 7 days applies in the case of serious anti-social behaviour or 28 days in the case of less serious but persistent behaviour. The Act also provides that a third party affected by anti-social behaviour may take a case to the Private Residential Tenancies Board against a landlord who has failed to enforce a tenant’s obligation not to engage in anti-social behaviour.

Unlike AHB tenancies, social housing provided by local authorities is governed by a specific legislative code that provides extensively for the rights and obligations of local authorities and their tenants. The application of the Residential Tenancies Act to local authority dwellings was carefully considered during the drafting of the Residential Tenancies (Amendment)(No. 2) Bill 2012. In view of the corpus of specific legislation already in place and the size of the sector that it covers (approximately 110,000 tenancies), it would be a significant undertaking to extend the remit of the Residential Tenancies Act to the local authority sector. Accordingly, the Government’s immediate focus is on the incremental extension of the Residential Tenancies Act to the AHB sector.

I propose to take Questions Nos. 440, 442, 444, 446, 465, 469, 472, 489 and 522 together.

With effect from 1 January 2014, Irish Water is responsible for public water services. The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from its customers in receipt of water services provided by it. The Act also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) and the CER has been given statutory responsibility for protecting the interests of customers. The Government considers that charging based on usage is the fairest way to charge for water and it has, therefore, decided that water meters should be installed in households connected to public water supplies. The Government has committed to the provision of a free allowance, above which charging based on usage would apply. Charges for customers who are not metered will be structured in such a way as to ensure that it represents a reasonable proxy for usage and is fair.

Local authorities are in the final stages of a pre-installation survey of households connected to public water supplies. The survey is providing information to Irish Water on the properties that can be metered. The intention is that a meter will be installed in any household connected to a public water supply where it is technically feasible to do so. Where a suitable boundary box for a water meter has already been installed in a property, this will be identified in the survey. Irish Water has also recently commissioned a study on possible approaches to metering properties that are not part of the current metering programme, including apartments and properties with shared service connections. The findings of this report are currently being assessed by my Department.

Irish Water will not collect charges from any households not connected to a public water supply. Currently, any farm connected to a public water supply is liable for charges as a non-domestic customer, with an allowance provided for domestic use. Following the introduction of domestic water charges, farms connected to public water supplies will be charged by Irish Water for both non-domestic and domestic use, subject to the free allowance to be provided to households in line with the commitment in the Programme for Government. There is no process in place where a housing estate can apply for an exemption from water charges for a set period of time. The approach to charging will be outlined by Irish Water in a water charges plan to be submitted by it to the CER in line with the provisions of the Act. The CER will be responsible for approving the water charges plan which will set the approaches to charging domestic and non-domestic customers. The CER will announce its decision on the approved wat er charges plan, which will include details of the levels of metered, assessed and standing charges, in August 2014.

The CER commenced public consultations on the approach to the structure of domestic water services tariffs (for both metered and unmetered properties) and non-domestic water services tariffs on 17 April 2014. Further consultations are planned for June in relation to the water charges plan to be submitted to the CER by Irish Water. Full details of the CER’s public consultation plans are available on its website ( www.cer.ie).

In making its decision on the approval or otherwise of the first water charges plan, the CER will take into account the decisions made by Government on th e funding model for Irish Water. The free allowance and the level of funding to be provided by the Government to Irish Water will have a strong bearing on the net charges to be met by households. Consequently, decisions on these matters will provide greater visibility on the expected level of charges in advance of the final determination of all aspects of the water charges plan by the CER. Proposals on these matters are currently under consideration by the Government. Part of this consideration will be the appropriate method for addressing affordability issues which may arise with the introduction of domestic water charges, particularly for households with high usage due to medical needs.

Water charges bring a number of benefits to communities including the security of a public drinking water supply, increased investment in water treatment and waste water treatment, greater environmental sustainability, increased efficiencies through the creation of Irish Water. The reform of water services delivery will also support economic growth and the creation of employment.

Irish Water has established a dedicated team to deal with representations and queries from public representatives. They may be contacted via email to oireachtasmembers@water.ie or by telephone on 1890 278 278.

The proposals outlined in Putting People First - Action Programme for Effective Local Government seek to position local government “as the primary vehicle of governance and public service at local level – leading economic, social and community development, delivering efficient and good value services, and representing citizens and local communities effectively and accountably”. There are 50 Local Development Companies (LDCs) contracted, on behalf of my Department to deliver the Local and Community Development Programme (LCDP), while 35 are also involved in delivering the LEADER elements of the Rural Development Programme 2007-2013 (RDP) throughout the country. As part of the programme of reform of local government, Local Community Development Committees (LCDCs) are being established in all local authorities.  These Committees, comprising public-private socio-economic interests, will have responsibility for local and community development programmes on an area basis, including my Department’s LEADER and Local and Community Development Programmes.  They will develop, co-ordinate and implement a more coherent and integrated approach to local and community development than heretofore, with the aim of reducing duplication and overlap and optimising the use of available resources for the benefit of citizens and communities.

My Department and I have engaged extensively with the Irish Local Development Network including in relation to their membership of the LCDCs and their potential role as partners in implementing LCDC programmes. In this context, I expect the local development companies to continue to have an implementation role under the new LEADER programme 2014-2020.  While I can’t pre-empt the outcome of the procurement process for the new Social Inclusion Activation Programme, which will be the successor to the current Local and Community Development Programme, I would expect, given their experience, that the local development companies will be strong contenders to deliver the new programme locally.

My Department has no role in assessing the ability of steel fabricators to comply with their obligations under the Construction Products Regulation and I.S. EN 1090-1:2009. Nevertheless, my Department has been working with a wide range of organisations in both the public and private sectors in order to ensure that the construction industry was made aware of, and could prepare for, the Construction Products Regulation which came into full effect throughout the European Union on 1 July 2013.

In early 2012, my Department, working through Building Regulations Advisory Body structures, and  in conjunction with the National Standards Authority of Ireland, the National Roads Authority, the Office of Public Works, HomeBond and the Building Materials Federation, prepared an information paper setting out the implications for manufacturers, importers and distributors in relation to placing construction products on the market arising from the introduction of the Construction Product Regulations on 1 July 2013. This information paper was widely circulated to stakeholders throughout the construction sector by my Department and by each of the participating organisations. My Department has also proactively promoted awareness of the Construction Products Regulations at key industry conferences and workshops. In addition, a comprehensive three-month public consutlation was held as an integral part of the development of the supporting European Union (Construction Products) Regulations 2013 which set out the framework for market surveillance in Ireland under the Construction Products Regulation.

As set out in the reply to Question No. 364 of 8 April 2014, the co-existence period for EN 1090-1:2009 was extended by the European Commission by an additional twelve months in recognition of the fact that many small steel fabricators would benefit from the add ed time to prepare for the coming into effect of the standard’s requirements. The steel industry throughout Europe has now had over three and a half years since the publication of that standard to prepare for its implementation. While my Department will continue to work with all stakeholders to facilitate the implementation of the Construction Products Regulation in Ireland, I would urge all affected steel fabricators to make the arrangements necessary to comply with their obligations under both the Construction Products Regulation and I.S. EN 1090-1:2009 at the earliest possible opportunity.

The Gweedore Sewerage Scheme was included in my Department’s Water Services Investment Programme 2010 - 2013 as a scheme to commence construction during the lifetime of the Programme. Following receipt of Donegal County Council’s Contract Documents for the scheme my Department approved these Documents in December 2013.

Since 1 January 2014, Irish Water is responsible for the delivery of water services capital infrastructure. It is currently preparing a Capital Investment Plan for 2014–2016 that will provide for the transition of projects included in the Water Services Investment Programme 2010 – 2013. The further progression of all water services capital projects, including the Gweedore Sewerage Scheme, is now a matter for Irish Water. Irish Water has confirmed to my Department that it has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via an email to oireachtasmembers@water.ie or by telephone on 1890 278 278.

I propose to take Questions Nos. 447 and 448 together.

My Department’s website, www.environ.ie, was developed to ensure compliance with accessibility guidelines and standards. While it has not been independently assessed, I am committed to ensuring that communication tools, such as my Department’s website, provide quality information to the public in an accessible manner. In that regard, a project is underway in my Department that will focus on the redesign of the Department’s website to modernise it, improve the search functionality and make it more accessible and user friendly. While my Department provides some limited funding for the website www.ruralireland.ie, responsibility for development and ongoing support is a matter for Teagasc which manages the site.

While action to deal with anti-social behaviour is primarily a matter for An Garda Síochána, local authority tenants who are subject to on-going harassment and intimidation from neighbours should contact the housing authority concerned in confidence, as the body responsible for estate management. Housing authorities have the power to seek a court order excluding a person engaged in anti-social behaviour from entering a local authority dwelling or estate for a period of up to three years. They are also empowered to refuse to allocate, or to refuse to sell, a dwelling to such a person. At the policy level, every housing authority has a statutory duty to adopt and review an anti-social behaviour strategy for the prevention and reduction of anti-social behaviour in its housing stock, which must provide for co-operation with other relevant bodies, notably the Gardaí. In addition, I am seeking Government approval to the text of a Housing Bill that will include a revised procedure to replace section 62 of the Housing Act 1966, enabling housing authorities to recover possession of their dwellings from households in serious breach of their tenancy agreements, including engaging in anti-social behaviour. The Bill also includes provisions that will strengthen the powers of housing authorities in relation to excluding orders. I anticipate that the Bill will be published shortly and will be enacted by th e Summer recess.

I propose to take Questions Nos. 450 and 451 together.

A local authority is required to carry out any development for which it has obtained approval from An Bord Pleanála under section 175 of the Planning and Development Act 2000 in accordance with the terms of that approval. Local authorities are fully expected to comply with this provision. Section 255 of the Planning and Development Act 2000 sets out a range of powers of investigation available to the nister for the Environment, Community and Local Government in relation to overseeing the operation by planning authorities of their planning functions. However, these powers of oversight are general in nature and only apply to the overall functioning of the planning authority and not to individual planning cases. Furthermore under section 30 of the Act, the Minister is specifically precluded from exercising any power or control in relation to any individual cases with which a planning authority or An Bord Pleanala is concerned.

Liability for motor tax arises from the date of registration of a vehicle or from the date of transfer of ownership. Arrangements for registration of vehicles are a matter for the Office of the Revenue Commissioners and I have no function in the matter. The annual rate of motor tax for vintage tractors is €56. The annual rate for an agricultural tractor less than 30 years old is €102. If arrears are due on a vehicle for the period between the registration of the vehicle or the date of transfer of ownership, as appropriate, and the taking out of a motor tax disc, arrears are calculated based on a monthly rate of 1/10th of the annual rate of motor tax applicable to the vehicle.

The results of the most recent statutory summary of social housing assessments, which was carried out in 2013, detail the number of households on all local authority waiting lists as at 7 May 2013. The results include details on the length of time spent by qualified households on waiting lists by each local authority and are available on my Department’s website at: http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,34857,en.pdf.

The 2013 figures are the most up-to-date figures available on waiting list numbers, which are subject to on-going fluctuation due to households being allocated housing and new households applying for housing support.  However, the 2013 results cannot be directly compared to previous results given that this latest summary employed different methodologies and was the first to be carried out under the 2011 Social Housing Assessment Regulations.

My Department has no role in the internal operations of private organisations and, therefore, does not have a role in relation to staff or employment matters of the organisation concerned, which are for the Board of the company, as the employer, to manage. However, the Government recognises that like all other sectors of our economy, the community and voluntary sector has had to deal with reduced funding in recent years. Issues have arisen around the capacity of the sector to pay enhanced redundancy payments. The Government is considering a cash limited scheme to address this issue. Discussions between my Department and the Department of Public Expenditure and Reform in that regard are on-going.

In March 2014 I announced the approval of some 56 social housing construction projects with an overall value of €68 million under the Local Authority housing construction programme for 2014-2015. This new construction programme will deliver 449 new units of accommodation for people on the housing waiting list. In the case of Dublin City Council, some €7.9 million is being provided for the construction of 35 housing units at Buttercup Estate, Darndale. I understand that part of the proposed works will be undertaken within the area known as Snowdrop Estate. It is now a matter for the City Council to progress the project to construction stage.

I set up the Working Group on Citizen Engagement in September 2013 under the chairmanship of Fr. Sean Healy. The role of the Group was to make recommendations on more extensive and diverse input by citizens into decision making at local government level. The Report of the Working Group was published on my Department’s website on 28 February 2014, and may be accessed using the following link: http://www.environ.ie/en/Publications/Community/CommunityVoluntarySupports/

.The Working Group propose that a “Public Participation Network (PPN)”, is developed in each local authority area to enable the public to take an active formal role in relevant policy making and oversight committees of the local authority. Pilot PPN arrangements are being set up with immediate effect in four local authority areas - Laois, Tipperary, Galway County and South Dublin. The pilots will, in conjunction with other consultation processes underway, determine a practical approach to implementing the structures outlined in the report of the Working Group, having regard for the primacy of the local elected council. My Department will seek a report on progress and issues arising from implementation of the pilots by mid-May 2014. The structures are to be set up in all local authority areas following the establishment of new Councils on 1 June 2014. It will be a matter for each local authority to provide resources to support the functioning of these networks.

My Department is reviewing the legislative, logistical and financial implications of independent voting, including voting by blind and visually impaired persons. In this context, my Department is considering a range of options including the use of tactile ballot paper templates in consultation with relevant State and other interest groups. More generally, my Department endeavours to ensure that the voting process is as accessible and inclusive as possible. Currently there are two options available to assist voters with a visual impairment to vote at their local polling station; they may avail of companion voting or they may seek the assistance of the presiding officer. Other measures in place to assist such voters include the display of a large print version of the ballot paper in polling stations and the inclusion of candidates’ photographs and party emblems on the ballot paper.

I understand that the National Disability Authority intends to carry out trials in June 2014 on the use of ballot paper templates at mock elections that would typify Irish electoral scenarios. The outcome of these trials will further inform the deliberative process in relation to the use of tactile ballot paper templates. In any review of electoral practice, it is necessary to ensure that an appropriate balance is maintained between accessibility and the secrecy and integrity of the ballot, having regard to our electoral system.

Foreshore consent applications are processed strictly in accordance with a prioritisation framework focusing on major infrastructural projects e.g. wastewater treatment plants and offshore energy applications. Small scale seaweed harvesting falls within the lowest priority level and, accordingly, such applications may take longer to process. All applications for licences to harvest wild seaweed are assessed in the context of the relevant regulatory framework, including nature conservation obligations. The sustainable management of Ireland’s wild seaweed resource is the focus of my Department’s efforts in licensing this activity under the Foreshore Act 1933.

The initial application concerned for a licence to harvest seaweed under the Foreshore Act 1933 was received by my Department on 21 June 2013. It did not contain sufficient information to enable my Department to undertake a complete assessment of the application. Accordingly, further information was requested from the applicant. Limited further information has been received and is currently being assessed by my Department’s specialist advisers. If the further information submitted is considered sufficient, the application will then proceed to the public consultation phase of the licence assessment process.

I propose to take Questions Nos. 459 to 463, inclusive, 470, 471 and 512 together.

The Programme for Government sets out a commitment to the introduction of water charges based on usage above a free allowance. The Government considers that charging based on usage is the fairest way to charge for water and it has, therefore, decided that water meters should be installed in households connected to public water supplies. The Water Services Act 2013 provided for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigned the company the necessary powers to allow it to undertake the metering programme.

Most meters for public utilities are located at the point where the connection enters the household. In the case of water services, under the provisions of the Water Services Act 2007 , household pipes internal to the boundary of a property are considered the responsibility of the householder, and thus water meters are being fitted at the stopcock at the boundary of the property. As this is located on publicly accessible land, it minimises disruption during the installation programme and in terms of meter reading in due course, as access is not required to people’s homes. The meter boxes are not sealed and can be opened to allow the householder to read their meter, if necessary. Meters will be read automatically and the information will be provided directly to customers in their bills. Irish Water has confirmed to my Department that all of the water metering contracts are fully compliant with the Disability Act 2005 and that the water meters in use by Irish Water comply with the Measuring Instruments Directive. In all customer communications, Irish Water asks any householders with any disability, mobility or medical concerns to contact its call centre (1890 278 278) in advance of the meter installation so any additional support or advice can be arranged.

Irish Water will not need to reset water meters to zero for October 1st 2014. The meters used in the domestic water metering programme maintain a record of the reading at midnight on the last day of each month. This provides Irish Water with an accurate month end/month start cumulative consumption on an on-going basis. These month end records will be collected each time the meters are read. Where a leak is identified on the public water mains, the repairs are undertaken by the local authority, acting as agents for Irish Water. Where the leak is identified as being within the boundary of the property under the 2007 Water Services Act, the repair of the leak has been, and remains, the responsibility of the individual householder. To assist the homeowner in the identification of any leaks Irish Water has confirmed to my Department that water meters being installed as part of the Metering Programme have a “constant flow” alarm which alerts Irish Water who will in turn alert the affected homeowner. Householders with a meter installed will be provided with a reading of their meter as part of their bill and any unusual usage patterns can be discussed with Irish Water if the householder is concerned. As part of the metering programme, my Department, in conjunction with Irish Water, is currently working on a proposal regarding customer-side leakage.

In common with meters for other utility services, the meters will be the property of Irish Water which will also be responsible the repair and maintenance of the meter. Section 74 of the Water Services Act 2007 provides that it is an offence to damage or otherwise impair a water meter. Irish Water has indicated that it will have installed a t least 400,000 meters by the end of 2014, with 1.058 million properties to be metered by the end of 2016. Of the estimated 1.35 m domestic properties connected to public water supplies, approximately 300,000 properties will not be metered as part of the current phase, due to the cost or technical difficulty of doing so. These properties would include apartment blocks, other multi-occupancy buildings and houses with shared service connections. Local authorities are in the final stages of a pre-installation survey of households connected to such supplies. The survey is providing information to Irish Water on the properties that can be metered. The intention is that a meter will be installed in any property connected to a public water supply where it is technically feasible to do so. The matter of occupancy of the property will be addressed separately. In advance of the commencement of charges, Irish Water will be engaging with every household to verify customer details.

Irish Water has established a dedicated team to deal with representations and queries from public representatives. They may be contacted via email to oireachtasmembers@water.ie or by telephone on 1890 278 278.

For a household to qualify for social housing support a housing authority must carry out an assessment to establish whether the household is in need of housing and meets certain eligibility criteria, including income limits. As part of a concerted effort to deal with the issue of mortgage arrears, the Social Housing Assessment Regulations were amended in 2011 to provide that a household may be determined to be in need of housing if it has a mortgage that is deemed to be unsustainable under the Mortgage Arrears Resolution Process.

My Department understands from Offaly County Council that this issue relates to the placement of temporary dwellings on private land at the location referred to and represents an unauthorised development.

The Council, as the Planning Authority, are currently addressing this matter in accordance with their powers under the Planning and Development Act 2000 as amended.

The current value of the Axes 3 and 4 LEADER elements of the Rural Development Programme 2007-2013 is €370 million. In addition, €5 million has been provided for an Axis 1 Agri-food measure. Of this, up to a maximum of 20% may be spent on administration expenses leaving a minimum of 80% of the funding available for projects and animation expenses.

To date, €198 million has been spent on projects, €12 million on animation and €54 million has been spent on administration expenses giving a total of €264 million.

The overall spend to date in 2014 is €17 million and I would expect this to increase steadily over the coming months.

I expect to be in a position to formally announce the funding arrangements for the LEADER elements of the Rural Development Programme 2014 – 2020 shortly.

My Department's role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation for homeless persons rests with the housing authorities. The purposes for which housing authorities may incur expenditure in addressing homelessness are prescribed in Section 10 of the Housing Act 1988. The specific information sought is not available in my Department.

The Rental Accommodation Scheme (RAS) commenced in 2005 and to the end of February 2014 some 48,503 households have been transferred from Rent Supplement to RAS and other social housing options. Of this number 28,712 were housed directly under RAS and a further 19,791 were accommodated under other social housing options.

It is not possible to give a definitive number of households in RAS at any given time. Numbers in RAS constantly vary as contracts end, tenants move on to other properties, landlords withdraw from the scheme, new tenancies are allocated or vacancies in contracted units are filled. However, from data contained in claims submitted by local authorities of their contracted rents for Quarter 1, 2014, it is estimated that there were approximately 20,200 direct RAS tenancies in place at end March 2014 for which authorities were recently recouped.

Some €668.5m has been spent in relation to RAS to end March 2014. The table sets out the annual cost of RAS and transfer numbers achieved (transfer numbers are only available to end February) to date.

My Department collates and publishes a wide range of housing statistics that inform the preparation and evaluation of housing policy. The full range of data compiled can be viewed on my Department's website, where data on Local Authority completions and acquisitions for the individual years, broken down by county, are displayed: http://www.environ.ie/en/Publications/StatisticsandRegularPublications/HousingStatistics/. The published figures relate to house completions only. Figures in relation to numbers of houses commencing construction in a given year are not readily available in my Department.

Up to the end of March 2014, 1,977 housing units sourced by local authorities and leased from private owners have been tenanted or are in the process of being tenanted under the Social Housing Leasing Initiative (SHLI). My Department is currently recouping funding to local authorities in respect of 1,929 of these housing units which are currently active. My Department does not hold information on the numbers of persons housed in these units. However, I have provided a breakdown by number of bedrooms in the following table which may be of assistance in this regard.

The average monthly cost of these units is €535 per unit, which my Department recoups to local authorities.

The High Court made an Order in June 2013 quashing that part of my Department's planning review report of 2012 relating to planning issues concerning Donegal County Council following a settlement between my Department and another party who had brought judicial review proceedings in respect of that part of the report.

In light of the High Court Order, I subsequently sought the advice of the Attorney General on how best to proceed in the case of Donegal and I am currently giving consideration to the advice which I have received.

I propose to take Question Nos. 478 and 515 together.

I appointed MacCabe Durney Barnes Consultants to carry out an independent planning review in accordance with section 255 of the Planning and Development Act 2000. The Terms of Reference require the consultants to undertake a review of planning issues raised in respect of the six planning authorities concerned (Carlow, Cork, Galway and Meath County Councils, and Cork and Dublin City Councils) particularly in relation to the organisation and the systems and procedures used by them in relation to their functions under the Act and to present a report, having regard in particular to the following key aspects:

1) the extent of consistency of policy translation and implementation within development and local area plans, with particular regard to specific cases, including:

a) examining the decision-making process in assessing planning applications and the degree of adherence to the relevant policies in development plan and local area plan policies and statutory planning guidelines, including certain EU Directives, in informing decisions;

b) assessing whether the number of cases appealed to An Bord Pleanála and the number of authority decisions reversed indicate poor application of policy contexts for assessing and deciding on planning applications;

2) the processes and procedures followed in recording and disclosure of information and adjudicating on specific planning applications;

3) recommendations on engagement and cooperation within planning authorities in the context of consistency in decisions and actions taken by planning authorities; and 4) recommendations on the application of development planning policies, and national policy and guidance, in terms of future planning practices.

The consultants may consult with those persons (with their agreement) who raised the planning issues concerned, in order to identify, clarify and understand the planning matters arising that may need to be addressed.

The indicative date for the completion of the final report from the consultants is end July 2014.

The Rathmines & Pembroke Sewerage Scheme was included in my Department's Water Services Investment Programme 2010 – 2013, as a scheme to advance through the planning stage. The Swan River lies within the catchment area of the Rathmines and Pembroke Scheme. In May 2013 my Department approved Dublin City Council’s Brief for Engagement of Consultants to finalise the Preliminary Report for the scheme. Responsibility for any works arising from the Preliminary Report can only be decided when the nature of the report's recommendations are known.

Since 1 January 2014, Irish Water is responsible for the delivery of water services capital infrastructure. It is currently preparing a Capital Investment Plan for 2014 – 2016 that will provide for the transition of projects included in the Water Services Investment Programme 2010 – 2013. The further progression of all water services capital projects, including the preparation of the Preliminary Report for the Rathmines and Pembroke Sewerage Scheme, is now a matter for Irish Water.

Irish Water has confirmed to my Department that it has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via an email to oireachtasmembers@water.ie or by telephone on 1890 278 278.

Responsibility for the administration of the Rural Water Programme, under which funding is provided for group water schemes, has been devolved to local authorities since 1997. Details of the grants available for such schemes may, therefore, be obtained from the local authorities.

I am fully supportive of all technologies which contribute to the conservation of water. Rainwater harvesting has the potential to benefit the environment and contribute to reducing the cost of water services for certain uses. However, the introduction of a grants scheme for any purpose must be managed within current budgetary constraints and, insofar as the funds administered by my Department are concerned, there are currently no plans to introduce a grant scheme for the installation of Rainwater Harvesting systems.

I understand that the Question refers to the Non-Principal Private Residence (NPPR) Charge. The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the NPPR Charge. The Charge which has since been discontinued, applied in the years 2009 to 2013 to any residential property in which the owner did not reside as their normal place of residence. The self-assessed charge is set at €200 per annum and liability for it falls, in the main, on owners of rental, holiday and vacant properties. It is a matter for an owner, whether resident in Ireland or elsewhere, to determine if he or she has a liability and, if so, to declare that liability and pay the Charge and any late payment fees applicable. Under the Act, it is a function of a local authority to collect Non-Principal Private Residence Charges, and late payment fees due to it and all Charges and late payment fees imposed and payable to a local authority are under the care and management of the local authority concerned.

Approximately 360,000 properties have been registered for the Non-Principal Private Residence Charge, which has raised in excess of €409m to date over its five years of operation. Proceeds from the charge are retained by local authorities and are used for the provision of local services. It is not possible to state with any certainty the level of non-compliance with the Charge. However, I am confident that compliance levels are high as a result of data matching undertaken with other public bodies, such as the Private Residental Tenancies Board, as provided for under the Act. The amount raised by the Charge to date also indicates a high compliance rate.

Part 12 of the Local Government Reform Act 2014, deals with the collection of undischarged liabilities relating to the NPPR charge. The Act provides for a period, from 2 March 2014 to 31 August 2014, during which time no new late penalties will be applied to existing liabilities. If payment is not made in full, or, if settlement terms are not agreed, by the end of that period, an additional late payment fee of €120 per liability date is applied on 1 September 2014. In addition, the entire NPPR liability is increased by a factor of 50% and frozen. It is very much in the interest of non-compliant owners to come forward to regularise their affairs and to take advantage of this once-off grace period. The NPPR charge is based on self-declaration and therefore the onus is on property owners themselves to register their property and make the payment. Local authorities will be taking a proactive approach to ensure that any outstanding liabilities are discharged in the most equitable, efficient and economically beneficial manner. All non-compliant owners should log on to www.nppr.ie, or alternatively contact their local authority and make their outstanding payments before 1 September 2014 to avoid incurring additional fees.

The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the Non- Principal Private Residence Charge. The NPPR Charge, which has since been discontinued, applied in the years 2009 to 2013 to any residential property in which the owner did not reside as their normal place of residence. It is a matter for an owner, whether resident in Ireland or elsewhere, to determine if he or she has a liability and, if so, to declare that liability and pay the Charge and any late payment fees applicable. A residential property not in use by an owner as his or her sole or main residence is liable for the Charge. This may not necessarily be a second home; a person may have vacated a property and be living in rented accommodation elsewhere for work or other reasons and, in such a case, the property that the owner is no longer living in is liable for the Charge, even if it is the only residential property that person owns. The 2009 Act places the Charge under the care and management of the local authorities and application in particular circumstances is a matter for the relevant local authority.

Part 12 of the Local Government Reform Act 2014, deals with the collection of undischarged liabilities relating to the NPPR charge. The Act provides for a period, from 2 March 2014 to 31 August 2014, during which time no new late penalties will be applied to existing liabilities. If payment is not made in full, or, if settlement terms are not agreed, by the end of that period, an additional late payment fee of €120 per liability date is applied on 1 September 2014. In addition, the entire NPPR liability is increased by a factor of 50% and frozen. It is very much in the interest of non-compliant owners to come forward to regularise their affairs and to take advantage of this once-off opportunity. The NPPR charge is based on self-declaration and therefore the onus is on property owners themselves to register their property and make the payment.

Local authorities will be taking a proactive approach to ensure that any outstanding liabilities are discharged in the most equitable, efficient and economically beneficial manner. All non-compliant owners should log on to www.nppr.ie, or alternatively contact their local authority to discuss any matters they wish to clarify and to make their outstanding payments before 1 September 2014 to avoid incurring additional fees.

The Pyrite Resolution Board commenced accepting applications from eligible homeowners for inclusion in the pyrite remediation scheme on 26 February 2014. As matters stand, the Board has received in the order of 418 completed applications and these are currently being processed. Each application must first be validated by the Board which involves an assessment of the application against relevant eligibility criteria and may include an audit of the Building Condition Assessment. A total of 84 applications have recently been validated and forwarded to the Housing Agency for the next stage in the process.

The assessment and verification stage is carried out by the Housing Agency and involves confirmation that the damage recorded in the Building Condition Assessment in respect of a dwelling is attributable to pyritic heave. The verification stage may involve physical inspection of the dwelling and the testing of the hardcore material.

Once a dwelling has been approved by the Board for inclusion in the pyrite remediation scheme, following completion of the assessment and verification process, the scheme participant may recoup the vouched cost of the Building Condition Assessment, subject to a maximum limit of €500 (including VAT) from the Housing Agency.

While the validation, assessment and verification processes, of their nature take some time to undertake, the Board is keen to ensure that there will be no undue delay in the processing of the applications currently on hand and those that will be submitted over the period ahead.

Completion of a domestic BER assessor training programme for dwellings is an essential requirement of registration for domestic BER assessors. The domestic BER assessor training programme enables participants to produce BER Certificates and Advisory Reports using the required calculation methodology, known as the

DwellingsEnergy Assessment Procedure (DEAP), for new and existing dwellings of varying complexity.

There are significant differences in the methodologies and software tools used by domestic and non-domestic BER assessors in the preparation of BER Certificates and Advisory Reports. Therefore it is not realistic to allow non-domestic BER assessors to register for dwellings without first completing the domestic BER assessor training programme.

As indicated in the reply to Question No. 145 of 3 April 2014, the Sustainable Energy Authority of Ireland, as the issuing authority under the European Union (Energy Performance of Buildings) Regulations 20 12, is working, in consultation with Quality and Qualifications Ireland, on the review and validation of the award for the domestic BER assessor training course.

The national domestic BER examination remains in place for existing BER assessors and candidates who have completed a recognised BER assessor training course on or before December 2013. In the region of 2,700 previously trained and registered individuals could resume their registration in response to an increase in market demand.

However, there are a sufficient number of registered domestic BER assessors active in the marketplace to meet current demand. Approximately 650 domestic BER assessors have published in excess of 24,000 BER Certificates in the first quarter of this year .

I refer to the reply given to Questions Nos. 259, 268, 269 and 285 of 4 March 2014 which deals comprehensively with the key concerns raised. The position is unchanged.