Prelude
Ceisteanna–Questions. - Irish Soldiers and Sailors Land Trust Fund.
Ceisteanna–Questions. - Official Engagements.
Priority Questions. - Pension Payments.
Priority Questions. - Sex Offender Treatment Programme.
Priority Questions. - DNA Databank.
Priority Questions. - Court Procedures.
Other Questions. - Illegal Immigrants.
Other Questions. - Cattle Smuggling.
Other Questions. - Early Release of Prisoners.
Other Questions. - Road Traffic Act, 1994.
Other Questions. - Garda Height Requirement.
Adjournment Debate Matters.
Order of Business.
Ministerial Rota for Parliamentary Questions: Motion.
Message from Select Committee.
European Summit: Statements.
International Agreements: Motion.
Visit of Canadian Delegation.
International Agreements: Motion (Resumed).
Regional Technical Colleges (Amendment) Bill, 1999: Order for Second Stage.
Regional Technical Colleges (Amendment) Bill, 1999: Second Stage.
Private Members' Business. - Whistleblowers Protection Bill, 1999: Second Stage.
Adjournment Debate. - Farm Safety.
Adjournment Debate. - Blood Transfusion Service.
Adjournment Debate. - Election Turnout.
Written Answers. - European Criminal Assets Bureau.
Written Answers. - Sex Offenders.
Written Answers. - Victims Commission.
Written Answers. - Alcohol Offences.
Written Answers. - Child Care Services.
Written Answers. - Legal Services.
Written Answers. - Gaming and Lotteries Act.
Written Answers. - Garda Stations.
Written Answers. - Ground Rents.
Written Answers. - Deportation Orders.
Written Answers. - Court Procedures.
Written Answers. - Pension Entitlements.
Written Answers. - Garda Disciplinary Proceedings.
Written Answers. - Liquor Licensing Laws.
Written Answers. - Child Care Services.
Written Answers. - Sentencing Policy.
Written Answers. - Closed Circuit Television Services.
Written Answers. - Underage Drinking.
Written Answers. - Crime Prevention.
Written Answers. - Car Theft.
Written Answers. - Garda Strength.
Written Answers. - Legal Advisers.
Written Answers. - Employment Opportunities.
Written Answers. - Prison Deaths.
Written Answers. - Expenses Claims.
Written Answers. - Judicial Appointments.
Written Answers. - Drug Courts.
Written Answers. - Proposed Legislation.
Written Answers. - Sex Offenders.
Written Answers. - Recovery of Bodies.
Written Answers. - Parental Leave.
Written Answers. - National Crime Council.
Written Answers. - Drug Treatment Services.
Written Answers. - Juvenile Offenders.
Written Answers. - Legal Aid Service.
Written Answers. - Garda Deployment.
Written Answers. - Juvenile Liaison Officers.
Written Answers. - Garda Stations.
Written Answers. - Irish Soldiers and Sailors Land Trust.
Written Answers. - Poultry Imports.
Written Answers. - Millennium Projects.
Written Answers. - Hospitals Sweepstakes Pensioners.
Written Answers. - Health and Safety Regulations.
Written Answers. - Consumer Advice Centre.
Written Answers. - Company Bonding.
Written Answers. - FÁS Training Programmes.
Written Answers. - INTERREG Funding.
Written Answers. - Disclosure Regulations.
Written Answers. - Retail Sector.
Written Answers. - Organisation of Working Time Act.
Written Answers. - Sale of IFI.
Written Answers. - Social Economy.
Written Answers. - Community Employment Schemes.
Written Answers. - Tour Guides.
Written Answers. - Price Increases.
Written Answers. - EU-US Trade.
Written Answers. - EUREKA Projects.
Written Answers. - Grant Payments.
Written Answers. - Fishing Vessel Licences.
Written Answers. - Marine Licensing Conditions.
Written Answers. - Grant Payments.
Written Answers. - Shellfish Industry.
Written Answers. - Grant Payments.
Written Answers. - Inland Fisheries.
Written Answers. - Sea Fishing Boat Licencez.
Written Answers. - Grant Payments.
Written Answers. - Balkans Conflict.
Written Answers. - US Visas.
Written Answers. - Human Rights.
Written Answers. - Human Rights Abuses.
Written Answers. - Air Accident Investigations.
Written Answers. - Electricity Bills.
Written Answers. - Post Office Facilities.
Written Answers. - Regional Airports.
Written Answers. - Rail Network.
Written Answers. - Employee Shareholding Schemes.
Written Answers. - Telecom Éireann Flotation.
Written Answers. - Pension Provisions.
Written Answers. - Overseas Missions.
Written Answers. - Army Barracks.
Written Answers. - Overseas Missions.
Written Answers. - Audiometric Examinations.
Written Answers. - Grant Payments.
Written Answers. - Farm Retirement Scheme.
Written Answers. - Grant Payments.
Written Answers. - Farm Retirement Scheme.
Written Answers. - Grant Payments.
Written Answers. - Bovine Disease Controls.
Written Answers. - Carcase Classification.
Written Answers. - Farm Retirement Scheme.
Written Answers. - Rural Environment Protection Scheme.
Written Answers. - Grant Payments.
Written Answers. - Rural Environment Protection Scheme.
Written Answers. - Suckler Cow Quota.
Written Answers. - Rescue Package.
Written Answers. - Rural Environment Protection Scheme.
Written Answers. - Grant Payments.
Written Answers. - Rural Environment Protection Scheme.
Written Answers. - Grant Payments.
Written Answers. - Financial Arrangements.
Written Answers. - Grant Payments.
Written Answers. - Information Requests.
Written Answers. - Grant Payments.
Written Answers. - Rural Environment Protection Scheme.
Written Answers. - Departmental Records.
Written Answers. - Grant Payments.
Written Answers. - Control of Farm Pollution Scheme.
Written Answers. - Grant Payments.
Written Answers. - Garda Stations.
Written Answers. - Travel Tax.
Written Answers. - Disabled Drivers and Passengers.
Written Answers. - Tax Allowances.
Written Answers. - Drainage Schemes.
Written Answers. - Civil Service Recruitment.
Written Answers. - Rural Renewal Scheme.
Written Answers. - Inheritance Tax.
Written Answers. - Tax Reliefs.
Written Answers. - Inheritance Tax.
Written Answers. - Civil Service Recruitment.
Written Answers. - Speech Therapy Services.
Written Answers. - Hospital Doctors.
Written Answers. - Speech Therapy Services.
Written Answers. - Voluntary Agency Funding.
Written Answers. - Alternative Medicines.
Written Answers. - Dental Services.
Written Answers. - Public Health Review.
Written Answers. - Control of Infectious Diseases.
Written Answers. - Speech Therapy Services.
Written Answers. - Hospital Services.
Written Answers. - Grant Payments.
Written Answers. - Inter-Country Adoptions.
Written Answers. - Nursing Staff.
Written Answers. - Grant Payments.
Written Answers. - Hospital Charges.
Written Answers. - Hospital Services.
Written Answers. - Autism Services.
Written Answers. - Mental Health Services.
Written Answers. - Hospital Waiting Lists.
Written Answers. - Hospital Services.
Written Answers. - Hospital Waiting Lists.
Written Answers. - Home Help Service.
Written Answers. - Care of the Elderly.
Written Answers. - Funding Applications.
Written Answers. - Hospitals Building Programme.
Written Answers. - Medical Cards.
Written Answers. - Travel Passes.
Written Answers. - Births to Non-Nationals.
Written Answers. - Drug Payment Scheme.
Written Answers. - Support Services.
Written Answers. - Licensing of Medicines.
Written Answers. - Ambulance Service.
Written Answers. - Hospital Waiting Lists.
Written Answers. - Eating Disorders.
Written Answers. - Ambulance Service.
Written Answers. - Hospital Services.
Written Answers. - Cardiac Services.
Written Answers. - Access to Hospital.
Written Answers. - Services for People with Disabilities.
Written Answers. - Medical Aids and Appliances.
Written Answers. - Hospital Charges.
Written Answers. - Hospital Waiting Lists.
Written Answers. - Child Care Services.
Written Answers. - Medical Aids and Appliances.
Written Answers. - Hospital Services.
Written Answers. - Hospital Management.
Written Answers. - Dental Services.
Written Answers. - Services for Coeliacs.
Written Answers. - Orthodontic Services.
Written Answers. - Hospital Services.
Written Answers. - Community Drug Schemes.
Written Answers. - Residential Centres.
Written Answers. - Hospital Waiting Lists.
Written Answers. - Alzheimer's Disease.
Written Answers. - Surgical Procedures.
Written Answers. - Hospital Accommodation.
Written Answers. - Hospital Waiting Lists.
Written Answers. - Community Drug Schemes.
Written Answers. - Housing Aid for the Elderly.
Written Answers. - Services for People with Disabilities.
Written Answers. - Hospital Waiting Lists.
Written Answers. - Hospital Services.
Written Answers. - Hospital Waiting Lists.
Written Answers. - Hepatitis Incidence.
Written Answers. - Hospital Services.
Written Answers. - Motor Taxation.
Written Answers. - Road Network.
Written Answers. - Water and Sewerage Schemes.
Written Answers. - Planning Regulations.
Written Answers. - Driving Tests.
Written Answers. - Housing Grants.
Written Answers. - Car Testing Service.
Written Answers. - Compulsory Purchase Orders.
Written Answers. - Electoral Law Amendment.
Written Answers. - Grant Aid.
Written Answers. - Local Authority Employment.
Written Answers. - Water and Sewerage Schemes.
Written Answers. - Planning Law.
Written Answers. - Hackney Regulations.
Written Answers. - Fire Service.
Written Answers. - Driving Licences.
Written Answers. - Dog Licences.
Written Answers. - Driving Licences.
Written Answers. - Grant Payments.
Written Answers. - Regional Assembly HQ.
Written Answers. - Old Age Pension.
Written Answers. - Social Welfare Benefits.
Written Answers. - Staff Deployment.
Written Answers. - Social Welfare Benefits.
Written Answers. - Summer Jobs Scheme.
Written Answers. - Social Welfare Benefits.
Written Answers. - Social Welfare Appeals.
Written Answers. - Social Welfare Benefits.
Written Answers. - Employment Support Services.
Written Answers. - Social Welfare Benefits.
Written Answers. - An Post Contract.
Written Answers. - Leabharuimhreacha Caighdeánacha Idirnáisiúnta.
Written Answers. - Special Areas of Conservation.
Written Answers. - Coastal Protection.
Written Answers. - Deontas a Cheadú.
Written Answers. - FÁS Project.
Written Answers. - Company Closures.
Written Answers. - Roads Funding.
Written Answers. - Taxi Ranks.
Written Answers. - Visa Applications.
Written Answers. - Extradition Cases.
Written Answers. - Registration of Title.
Written Answers. - Garda Investigations.
Written Answers. - Garda Training.
Written Answers. - Asylum Applications.
Written Answers. - Registration of Title.
Written Answers. - Courts Service Board.
Written Answers. - Garda Recruitment.
Written Answers. - Asylum Applications.
Written Answers. - Stolen Vehicles.
Written Answers. - Registration of Title.
Written Answers. - Garda Operations.
Written Answers. - Garda Deployment.
Written Answers. - Registration of Title.
Written Answers. - Asylum Applications.
Written Answers. - Child Care Services.
Written Answers. - Prison Committals.
Written Answers. - Garda Training.
Written Answers. - Juvenile Liaison Service.
Written Answers. - Sexual Offenders.
Written Answers. - Crime Levels.
Written Answers. - Temporary Release of Prisoners.
Written Answers. - Court Cases.
Written Answers. - Departmental Staff.
Written Answers. - Juvenile Offenders.
Written Answers. - Registration of Title.
Written Answers. - Sports Funding.
Written Answers. - School Staffing.
Written Answers. - Student Support Schemes.
Written Answers. - Psychological Service.
Written Answers. - School Staffing.
Written Answers. - Student Support Schemes.
Written Answers. - Schools Refurbishment.
Written Answers. - Special Educational Needs.
Written Answers. - School Staffing.
Written Answers. - School Transport.
Written Answers. - Pension Provisions.
Written Answers. - School Staffing.
Written Answers. - Outdoor Education Centres.
Written Answers. - Pension Provisions.
Written Answers. - School Staffing.
Written Answers. - Teacher Training.
Written Answers. - Chemicals Disposal.
Written Answers. - School Staffing.
Written Answers. - School Transport.
Written Answers. - Schools Building Projects.
Written Answers. - School Staffing.
Written Answers. - Early Childhood Education.
Written Answers. - School Staffing.
Written Answers. - Teacher Training.
Written Answers. - School Placement.
Written Answers. - Part-Time Teaching.
Written Answers. - Youth Services.
Written Answers. - School Transport.
Written Answers. - Home-School Liaison Scheme.
Written Answers. - School Staffing.
Written Answers. - Maintenance Grants.
Written Answers. - Post Primary Schools.
Written Answers. - Student Support Schemes.
Written Answers. - School Staffing.
Written Answers. - Departmental Correspondence.
Written Answers. - School Placement.
Written Answers. - Special Educational Needs.
Written Answers. - Capitation Grants.
Written Answers. - Special Educational Needs.
Written Answers. - Industrial Disputes.
Written Answers. - Institutes of Technology.
Written Answers. - Educational Provisions.
Written Answers. - Adult Education.
Written Answers. - Leaving Certificate Examination.
Written Answers. - Disadvantaged Status.
Written Answers. - Special Educational Needs.
Written Answers. - School Staffing.
Written Answers. - Disadvantaged Status.
Written Answers. - International Year of the Elderly.
Written Answers. - School Staffing.
Written Answers. - Grant Payments.
Written Answers. - Pension Provisions.
Written Answers. - Student Support Schemes.
Written Answers. - School Staffing.
Written Answers. - Modern Language Teaching.
Written Answers. - School Security.
Written Answers. - School Staffing.
Written Answers. - Education of Refugees.
Written Answers. - Disadvantaged Status.
Written Answers. - Third Level Courses.
Written Answers. - Educational Institutions Funding.
Written Answers. - School Funding.
[137] Chuaigh an Ceann Comhairle i gceannas ar 2.30 p.m.
1. Mr. J. Bruton asked the Taoiseach if the British Legion and the Irish area Royal Naval Association have been refused grants from the Irish Soldiers and Sailors Land Trust Fund; if so, the reason in this regard; and if he will make a statement on the matter. [14854/99]
The Taoiseach: In my reply to a question on 1 June, I detailed the process by which the Assessment Committee made its recommendations for the allocation of funds to projects and I detailed the relevant provision in the Act under which projects can be funded. I circulated a list of the 59 projects supported with my reply of 25 May.
Applications from the British Legion and the Irish Area Royal Naval Association were not among those selected from a field of 175 applications for approximately £16 million, as compared with the £1.2 million available. The selection was on the merits of the proposals submitted by reference to the terms of the Act and the guidelines and the criteria thereunder to which I referred in my reply of 1 June. As part of that, the committee took into account the aspect of demonstrating respect for the different traditions of Ireland, in line with the Irish Government's commitment in the Good Friday Agreement. The projects selected include the Journey of Reconciliation Trust Peace Park at Messines, the Royal Dublin Fusiliers Association, the Ulster Society and the Cork Lions Club proposal for the restoration of a Cenotaph War Memorial.
Mr. J. Bruton: Does the Taoiseach agree that welfare organisations helping those from this island who are in their declining years and who served in the last world war to defend democratic institutions in western Europe should have qualified under any sensibly drafted legislation and that clearly there is either a defect in the criteria or interpretation of them if the British Legion [138] and the Naval Association are excluded ab initio on that basis?
The Taoiseach: This was brought to my attention through correspondence which was probably also sent to Deputy Bruton's office. I looked back at the position at that time and at the issues and arguments. Legislation was tightly drafted on some of these issues while some of those I thought would have been included should have remained so. There is a case history which answers the Deputy's question, as was laid out by the then Taoiseach, Dr. Garret FitzGerald. I offer my condolences to Dr. FitzGerald and his family on the death of Joan FitzGerald who was held in the highest regard by all Members who attended the funeral services yesterday and today.
Dr. FitzGerald explained what happened and said one of the first thoughts he had on the money was that it might be used to assist ex-servicemen in the Irish Army. However, he felt there would have been a difficulty in convincing the British trustees and Treasury that the money should be transferred from British ex-servicemen to Irish ex-servicemen. He said that one might ask if it could not have been provided for both – he said it could have been, and that might have been the answer. However, Dr. FitzGerald said that at the time people were agitating in an extremely unpleasant way against the commemoration of the dead of the two world wars. It was becoming an area of contention and there should have been none. Dr. FitzGerald was speaking about the introduction of the legislation in the House after he had left office. He went on to explain why this happened and he was taking responsibility for it. He obviously took part in negotiations and he dealt with Lord Killanin. It was an issue of great contention and he had great difficulty dealing with it. That is why the legislation was drafted in that way.
Thankfully we are now in slightly different times and people are not agitating in the same manner – the allocation was passed in the House last year. Money was also allocated to the peace park in Messines. However, at that time, people vociferously canvassed and lobbied against this.
Mr. J. Bruton: Does the Taoiseach consider, as I think he does, that circumstances have changed? Given that the State is already making generous contributions to the maintenance of the British army memorial at Islandbridge and the memorial at Messines to those who died in British uniform in World War I, does he agree that there is a different attitude now and that problems which might have required a rather restrictive approach to be taken in the 1980s no longer apply?
Would the Taoiseach consider it useful to change the legislation, if that is necessary at this stage, to allow welfare organisations looking after the now elderly men, some of whom suffered greatly in the last war and from whose work Irish democracy benefited, to benefit from this fund which was originally set up for them? The Sailors [139] and Soldiers Land Trust fund was set up to provide houses for ex-servicemen of the British forces. Housing is not a priority for them at this stage but welfare is. Does the Taoiseach agree that these organisations should be eligible to apply, at least? Does he agree the legislation ought to be changed at this stage?
The Taoiseach: I do not really have an argument with that point of view. It was drafted in the manner the trustees wished at the time. They were different times. There is not much point in going into it now as we have moved on, but that is why they were excluded. While welfare organisations of a different kind were included, the argument can be made that they were not related to the fund to the same extent. These negotiations went on through the early and mid 1980s. A number of projects have now been funded in a different way, such as the Corrymeela fund, the Glencree peace and reconciliation fund and others. I will look at the Act but I think the resources are probably at an end. However, if there are any other resources I will certainly look at the Act.
Mr. J. Bruton: Would the Taoiseach consider that, under strand three of the Good Friday Agreement, east-west co-operation, it might be appropriate for the British and Irish Governments to agree to contribute to the organisations in their jurisdictions catering for soldiers who served in the army of the other jurisdiction? For example, the Irish Government might contribute to the welfare of British Army ex-servicemen in Ireland and, in turn, the British Government might contribute to the welfare of Irish Army ex-servicemen who happen to be living in Britain, of whom there are many. An agreement of that nature, which would be mutual and reciprocal, might be a useful reconciliation project under the east-west strand of the Good Friday Agreement. It would supersede this particular issue which, as the Taoiseach rightly said, is of limited remaining value because the fund is largely exhausted.
The Taoiseach: I do not have any difficulty with that. I will look at it to see if it possible.
2. Mr. J. Bruton asked the Taoiseach if he will report on his meeting at the EU Summit in Cologne with the British Prime Minister, Mr. Blair; and if he will make a statement on the matter. [14864/99]
3. Mr. J. Bruton asked the Taoiseach the plans, if any, he has to visit Northern Ireland. [14869/99]
[140]4. Mr. J. Bruton asked the Taoiseach if he will report on the meetings or telephone discussions he has had since 2 June 1999 with the leaders or representatives of the political parties in North ern Ireland; and if he will make a statement on the matter. [14870/99]
5. Mr. J. Bruton asked the Taoiseach if he will report on his recent meeting with United States Senator Pat Leahy and a trade delegation from the state of Vermont; and if he will make a statement on the matter. [14960/99]
6. Mr. J. Bruton asked the Taoiseach the current state of the talks process between the parties in Northern Ireland and the Irish and British Governments. [15333/99]
7. Mr. J. Bruton asked the Taoiseach if he will report on his recent telephone discussions with the British Prime Minister, Mr. Blair; and if he will make a statement on the matter. [15334/99]
8. Mr. J. Bruton asked the Taoiseach if he will report on his recent telephone discussions or meetings with the leadership of Sinn Féin; and if he will make a statement on the matter. [15335/99]
9. Mr. J. Bruton asked the Taoiseach if he will report on his recent telephone discussions or meetings with the leadership of the SDLP; and if he will make a statement on the matter. [15336/99]
10. Mr. J. Bruton asked the Taoiseach if he will report on his recent telephone discussions or meetings with the leadership of the Alliance Party; and if he will make a statement on the matter. [15337/99]
11. Mr. J. Bruton asked the Taoiseach if he will report on his recent telephone discussions or meetings with the leadership of the UUP; and if he will make a statement on the matter. [15338/99]
12. Mr. J. Bruton asked the Taoiseach if he will report on his recent telephone discussions with the First Minister of Northern Ireland, Mr. Trimble; and if he will make a statement on the matter. [15339/99]
13. Mr. Quinn asked the Taoiseach the contacts, if any, he has had with the leaders of the political parties in Northern Ireland; and if he will make a statement on the matter. [15341/99]
14. Mr. Quinn asked the Taoiseach the discussions, if any, he has had with the British Prime Minister; and if he will make a statement on the matter. [15342/99]
15. Mr. Quinn asked the Taoiseach the contacts, if any, he has had in the last fortnight with the president of Sinn Féin or the Sinn Féin leadership; and if he will make a statement on the matter. [15352/99]
[141]16. Mr. Quinn asked the Taoiseach the pro posals, if any, he has for the next round of discussions on the implementation of the Good Friday Agreement; and if he will make a statement on the matter. [15355/99]
17. Caoimhghín Ó Caoláin asked the Taoiseach the discussions, if any, he has had since 3 June 1999 with the British Prime Minister; and if he will make a statement on the matter. [15383/99]
18. Mr. Sargent asked the Taoiseach the arrangements for talks with the pro-Agreement parties in Northern Ireland coming up to the deadline of 30 June 1999; and if he will make a statement on the matter. [15385/99]
The Taoiseach: I propose to take Questions Nos. 2 to 18, inclusive, together.
I met with the British Prime Minister, Mr. Tony Blair, on the margins of the recent EU summit in Cologne and this was the only bilateral meeting I had. We agreed that we should concentrate all our efforts in a bid to break the current impasse on the implementation of the Good Friday Agreement. Intensive rounds of negotiations involving the two Governments and all the pro-Agreement parties are getting under way. These discussions, which I expect will be ongoing right up to 30 June, will be conducted at various levels under the overall supervision of the Prime Minister and myself and we will be directly involved during the closing stages.
The two Governments have been in touch with the parties over the past few days regarding the detailed arrangements for the discussions. I had separate meetings yesterday with the First Minister designate, Mr. David Trimble, and the deputy First Minister designate, Mr. Seamus Mallon, and I am meeting with the Sinn Féin president, Mr. Gerry Adams, this evening. I have also kept in touch by telephone with Prime Minister Blair. All the parties must approach the discussions in a positive and constructive spirit. It is just over a year since the people on this island, North and South, democratically expressed their overwhelming support for the Good Friday Agreement. The onus now is on all the parties to give effect to the will of the people and, in this regard, it is crucial that the implementation of all aspects of the Agreement proceeds without further delay. I believe firmly an acceptable basis for a breakthrough can be achieved by 30 June. All sides need to be aware of the serious consequences of not reaching agreement on the outstanding issues by that deadline.
I met with Senator Pat Leahy and a visiting delegation from the state of Vermont on 1 June. Our discussion centred around the situation relating to the current impasse and we also touched on matters relating to the Irish economy and events in Kosovo.
Mr. J. Bruton: Does the Taoiseach agree that the people who murdered Paul Downey are the enemies of the peace process? What is his view [142] of the reports that the provisional IRA was responsible for the murder of Paul Downey and the effect that has on the status of their ceasefire?
The Taoiseach: There has not been any indication from the Secretary of State that the status of the IRA ceasefire is in question. The investigation into the murder of Paul Downey, who was known to the police, is under way. Whatever the circumstances of his execution, there are not any circumstances in which his murder can be justified and it is condemned by this House.
Mr. J. Bruton: Does the Taoiseach believe that republican elements were involved in the murder of Paul Downey?
The Taoiseach: I have no knowledge about that at this stage. The Secretary of State is awaiting the investigations into the murder. The individual was known to the police.
I discussed this matter yesterday with Séamus Mallon, who has a fair amount of knowledge about the case and also with Mr. Trimble, who had his security reports but there is no certainty at all about who was involved.
Mr. Quinn: Will the Taoiseach be more explicit on his statement that the victim was “known to the police”? Does he mean that the victim was a known criminal, a known drug dealer and if that was the case why did the police not take action to prosecute him in the proper way?
The Taoiseach: The individual was known for criminal activity, but I have no evidence of the activity. I understand from everybody to whom I spoke yesterday that the individual was well known for criminal activity. The victim must have been questioned because everybody seemed to know him very well yesterday. but I have no further knowledge.
Mr. Quinn: If there is a question the IRA will not decommission its arms but is proporting to retain them to use them effectively to police parts of this island where drug dealing is rampant and the police do not take effective action against people who, to use the Taoiseach's phrase “are known” to them, is that not part and parcel of the problem? Would the Taoiseach agree that if the police do not take action, to investigate and to prosecute vigorously people who are “known” to them for criminal activities, the IRA may be left with some kind of persuasive argument, however invalid, as to why it should retain arms?
The Taoiseach: I do not know the details. I do not want to be unfair to Paul Downey and I have no evidence of what he was involved in, but his name was well known in political circles. I understand his name was well known to the RUC, but I have no details of the evidence they had to prosecute him. There is no justification for any organisation, not least the IRA or any other pseudo-[143] paramilitary organisation to be involved in these type of activities on this island.
Mr. J. Bruton: Would the Taoiseach agree that there is an inconsistency in him volunteering the information that Mr. Downey was “known to the police” and not volunteering an opinion as to who might be responsible for killing him? Surely the same quality of information is available in regard to both matters? Is there evidence that paramilitary organisations are collecting protection money from criminals and those criminals who do not pay are liable to be killed?
What constitutes a breach of the ceasefire? If it was to transpire that the IRA was involved in this killing, what would that mean for the ceasefire?
The Taoiseach: I am not responsible for the RUC and it is not answerable to me. I do not get security reports from it, as the question implies. I read the Northern papers and listen to Northern radio on a daily basis and all say that this unfortunate individual was known to the police.
Mr. J. Bruton: The same media are also saying that the IRA was involved.
The Taoiseach: Yesterday I spoke to Mr. Trimble, Mr. Mallon, Mr. Blair and a number of other people in the North. They were not certain if this killing was paramilitary in nature. There are always such difficulties when there are guns in circulation. In our jurisdiction many people who were involved in the drugs trade have been shot dead. Rarely did it seem that paramilitaries were involved; it was usually the action of other drugs gangs. I do not have any more information.
When there was evidence of breaches in the ceasefires last year, the Secretary of State moved, with the support of the Irish Government, in one circumstance to remove the UDP from the talks and in another case Sinn Féin was suspended. The precedents and processes exist for dealing with cases where there is known evidence.
Mr. J. Bruton: The Taoiseach will appreciate that questions about potential IRA involvement must be asked. It may be hard to ask them but that is part of the job of an Opposition, particularly as reports to that effect have appeared in the newspapers.
What is the position on the triggering of the d'Hondt mechanism? Have the British Prime Minister and Secretary of State consulted the Taoiseach on whether the d'Hondt mechanism will be triggered this week? Has he expressed a view on that?
The Taoiseach: I do not believe the mechanism will be triggered this week. I discussed the matter with the British Prime Minister but final conclusions were not reached on when it might be triggered. To trigger the d'Hondt mechanism in isolation would be a mistake. We must work out [144] all of the procedures for what will happen between now and the end of June. We must work out if the executive could be set up if the mechanism was triggered now. I see no benefit – and I may differ from others in my view of this – in trying to set up the executive in shadow form for a fortnight and then standing it down at the end of that period. That does not make sense.
This round of discussions must deal with people's readiness to trigger the d'Hondt mechanism and set up the executive. If we set up the executive, what happens from there? What are the commitments? What happens to Jean de Chastelain and the International Commission on Decommissioning and the commitments given to satisfy the parties that this is operable? All of those issues must be addressed. Any individual move made without thinking everything through will only lead to more grief and we have had enough grief. The issues are fairly straightforward at this stage. I am clear about what requires to be done, but I am not clear about whether that can be done. We will have to stop going around the houses on this issue. It is a question of whether the people and the main parties – we all know who they are – are prepared to set up the Executive and to assure each other and the Governments they mean real business. If that is possible it can be done. If it is not, we face major difficulties. We should sit down and make those decisions.
Mr. J. Bruton: I commend the Taoiseach on the practical approach he is taking to this matter. Does he agree one of the reasons for the problem in regard to the decommissioning of weapons is the sense of encirclement of the Nationalist community in Portadown? Does he agree the Orange Order and the Defenders were founded in the vicinity of Portadown and that Portadown is the centre of contention almost in north east Ulster? Does the Taoiseach agree, therefore, that those who have the possibility of finding an agreed solution to the parades issue in Portadown have a responsibility not only in regard to that issue but for the fact that if it is not resolved it will make it much more difficult for many other associated issues, including decommissioning, to be resolved? Will the Taoiseach use his good offices with all involved, the Orange Order and the residents, to adopt an attitude of compromise on this matter?
The Taoiseach: That is a correct assessment. There no doubt, speaking to religious and community leaders, the First Minister, the Deputy First Minister and everybody else that the sectarian poison being created around Portadown is having an enormous negative bearing on every other factor. A positive effort is crucial to the overall picture. Many efforts are being made. The British Prime Minister is meeting some of the parties today. We have continued, through the secretariat, to talk to the side. The intermediaries are working hard but are not having great suc[145] cess. The Frank Blair initiative ten days ago had some success but was rejected by the Orange side. Various compromises have been put forward – there is not much point in dwelling on them given that none of them has been accepted. I think we should constructively try to disengage that.
One of the issues I am thinking about, and have mentioned to the other side and to Deputy Quinn here about ten days ago, is what we can usefully do. I offered to speak to the parties here and to send an all-party group to speak to the people on Garvaghy Road, or to both sides if that would help, as an expression of sincerity from the Irish parliamentary system. I am awaiting a response. I do not want to do that if it would be unhelpful. I have asked Mr. Trimble and Mr. Mallon to consider that and I will do it only if they agree. We need to lean in a helpful way. If Drumcree 5 goes wrong it could be very difficult to pick up the pieces. I have been trying to convince people of that since October, but to no avail, I have to admit. They are still trying. We should try to avoid confrontation on this issue. As the British Prime Minister said this morning – he quoted something he heard me say 100 times – it is difficult to explain to any person outside this island how there can be a ten month stand-off over a ten minute march. There must be some mechanism for building trust and confidence. The situation is quite dangerous. If we do not find a way to de-escalate the tension, everything else will flow from it.
The date of 30 June is only a few days before this year's march, which will be followed by the other 1,400 to 1,500 marches. This brings huge pressure to bear and I will do everything possible to try to de-escalate the situation. The Prime Minister, Mr. Blair, is also anxious to do so.
Mr. J. Bruton: We will support that initiative.
Mr. Quinn: If the proposal outlined by the Taoiseach is accepted by the relevant parties in the North, the Labour Party will participate in it.
The deadline of 30 June has been firmly set and repeatedly stated by the British Prime Minister and the Taoiseach. From the Taoiseach's tone, am I correct that he is now more committed to that deadline than he was some time ago? If that is the case, because deadlines concentrate the mind, what will happen if agreement cannot be reached? Is it envisaged that the assembly will be stood down? The Agreement is such that the referendum cannot be reversed. What will happen to give force to the deadline? How can both parties to the impasse be convinced to begin to make the necessary compromises? What is the sanction behind the deadline of 30 June?
The Taoiseach: I have always been committed to the deadline. It was first put forward by the Prime Minister Mr. Blair because of the devolution of power in Scotland and Wales. It did not only relate to the North. I was anxious to bring the Northern parties on side and to be equally [146] firm about the deadline. I am happy about that. I did not want to move away from what the parties thought and they have now put their minds firmly to it.
As this issue was discussed and I reflected on it during the week away from the talks and following my contacts with the parties on Sunday, yesterday and this morning, the more one aspect has become apparent. The next obvious date is the end of September because July and August are out of the question. However, I cannot think of anything which would change the position by delaying matters until the end of September or even December. The credibility of the Agreement and confidence in it would become completely unstuck.
While the last opinion poll showed steady support, that might not remain the case if matters drifted for a long period. In addition, the patience of the political system and the people who are endeavouring to make the Agreement work would be tested. This includes people on all sides and even members of anti-Agreement parties. I cannot speak for them because they will not meet me but I consider that they feel there is much good in the Good Friday Agreement and it should not be delayed or deferred. This focus and determination to try to achieve as much as possible by the end of June is all round.
The Deputy asked what will happen. This morning the Prime Minister, Mr. Blair, said: “I want people to understand that I am serious about this deadline. On 1 July we will move this process forward or we will have to look for another way forward.” I agree with that statement.
Mr. J. Bruton: What does it mean?
Mr. Currie: What does the Taoiseach understand that to mean?
The Taoiseach: It means that the Agreement as it stands would be effectively set aside. We would have to try to find another way forward. This is what all the pro-Agreement parties are now saying. However, it does not mean that certain parts of the Agreement would not be taken forward in some other process. I spoke to Mr. Mallon about this last night and I know the views of all the parties. They would not want a situation where their current positions and the Assembly would be frozen. The Assembly is democratically elected but does not meet and people are frustrated about that. There is not an executive in shadow or interim form and we cannot go on in those circumstances. The Prime Minister and I are saying we would then have to review our positions to see what we could rescue. Naturally we would not give up but we would have to find another way. That is what it means.
Mr. J. Bruton: I express doubt about the wisdom of that, but others are closer to it. Does the Taoiseach not agree that even if agreement is not [147] reached on all outstanding issues by 30 June, there would still be a lot of good will on 1 July and much of what has been achieved to date would be extant? Does he not agree it would be wiser to present in somewhat less black and white terms what might happen on 1 July if agreement is not reached?
The Taoiseach: I will give the views of the parties and then my own. The parties feel that if we do not bring this to a head people will start talking about deferrals before we even enter the discussions. They were doing this a few weeks ago. We must try to resolve the issues. We have spent all our time since December on one issue and for a year we have concentrated on the general issue of moving forward. That is my view.
In terms of what happens on 1 July, we will still have good will and the contents of the Good Friday Agreement but we cannot let time pass. We must make as many substantive achievements as we possibly can. If we were a little short of time it would be a different question but that is not the case now. There has been no movement of substance. We had the Hillsborough Declaration and the Downing Street Declaration and we are trying to bring those together. The British Government and our Government believe we must make an intensive effort, and all the pro-Agreement parties believe that. As I said earlier, if we are almost there on 30 June, the Prime Minister and I will have to reflect on that. If we are still where we are now – depending on what I hear later today and over the next few days, I will be able to make a quick judgment on that – we will be able to decide whether we can move forward. Most of the wrapping has been taken off this subject, we know what the issue is. If we can make real progress we will do so; if we cannot, we will have to think of another way forward, as the British Prime Minister said. That will not mean throwing out any of the positive things we have achieved but we will have to try to find another way. I hope that will be avoided.
Mr. J. Bruton: I am somewhat happier with that rather more nuanced presentation than with the earlier presentation by the British Prime Minister.
Mr. Quinn: In his earlier reply the Taoiseach said the Agreement would have to be set aside. The results of the referendum cannot be set aside but, presumably, if nothing happens by the end of the second year, Articles 2 and 3 will not be amended, as was agreed in this part of the island. Do I take it the Taoiseach is contemplating, among other things, that the operation of the Assembly, including the employment of personnel and the payment of salaries and allowances, would be suspended as and from 1 July if no progress is made before 30 June? Is that explicitly being considered as an option?
[148]The Taoiseach: I must be careful in dealing with Strand One issues. They are outside my remit and I have no control over them. That issue would be a matter for the British Government.
Mr. Quinn: I presume the Taoiseach would be consulted.
The Taoiseach: It has not reached that stage yet and I hope it does not. I met the Canadian Prime Minister yesterday, and when he spoke to Northern Assembly members on Saturday they indicated they would like to get on with their parliamentary duties. I would like that also and we must find a way to do this. To put it nicely or bluntly, this issue has been debated to death. It depends on whether people are prepared to compromise. It is not complicated any more, though it may be difficult to achieve. We have moved from a position of violence to one of peace and we must now try to move from peace to democracy. There is no better time to do so and I cannot see how delaying this any longer than 30 June, 1 July or 2 July will improve matters. If we leave the situation until the autumn and allow people to undermine this and make life difficult for all sides, that will not help the Good Friday Agreement. The British Prime Minister and I are trying to get people through this stage with compromises and agreements and we cannot do so on our own. We need our political systems and the pro-Agreement parties to help us. We will put our best negotiating efforts into this. As I said to Deputy Bruton, if we cannot do that, we will have to be honest. We would then have to see what we can do. There is no point in codding the people of this island. It is unfair to keep the people of Northern Ireland on tenterhooks and bring these matters to the last days of negotiation. I hope we can have daily dialogue rather than bringing everything down to the last day. It does not help when one is not sure if one is dealing with those inside or outside the process. We have to structure our approach to make sure we can work over the next few weeks to get agreement between all sides.
There are only about four questions to answer. I do not want to spell them out but most of the rest have been answered.
Mr. Quinn: Is it not the case that the distrust in the Unionist community about the ultimate decision or intention of the IRA to decommission their arms is at the core of the impasse? That distrust is shared by many others but it is at the core of lack of political manoeuvrability for Unionists under the leadership of Mr. Trimble. Notwithstanding what is written in the Agreement, there has been slippage all along the line on decommissioning and the arms issue. If the republican movement is serious about making progress in this matter and wants to avoid setting aside the Agreement after 30 June, to use the Taoiseach's phrase, they must offer some kind of response that will enable Mr. Trimble to move. It is up to [149] the republicans to decide that response but it will have to enable the process to be triggered and the Executive to be established. If the Taoiseach agrees with my analysis, will he convey that forcefully to the President of Sinn Féin? I understand the Taoiseach will meet him this evening.
The Taoiseach: Needless to say, I will forcefully convey what I feel will help to resolve this impasse. There are two sides to this issue. Trust is certainly a problem on all sides. We mentioned Portadown, Drumcree, the murder of Rosemary Nelson and the 158 pipe bomb attacks, all of which work against the building of trust. There has been a huge increase in the number of splinter loyalist groups – they seem to keep growing and assuming new names – and this is making life difficult for republicans.
On the other hand, I will be working over the next few weeks to try to set up the Executive. I have gone off the idea of temporary measures to set up an Executive. We should talk about doing this in its real form. On the other side, are all the parties who have signed the Agreement committed to decommissioning by April 2000, as the Agreement requires? If they are, can we come to an understanding as to how decommissioning will happen? I accept that this will necessitate much discussion. If it is not going to happen I will tell the House. If it is, I shall negotiate the terms of the decommissioning. If I knew decommissioning would take place and how it would take place under the supervision of the international commission, headed by General John de Chastelain, I could at least try to convince the Unionists that we could set up the Executive.
There lie the two issues. The matter is neither confusing nor complicated, but there are hard questions which must be answered. I cannot conclude an agreement unless we get straight answers to them.
Mr. J. Bruton: That is a fair comment.
The Taoiseach: It is my understanding that, under the terms of the Agreement, decommissioning is not a precondition to the formation of the Executive and decommissioning is to take place by April 2000. If I know that is the understanding of both sides, I will negotiate agreement. If it is not the understanding of both sides, I cannot negotiate it.
Mr. J. Bruton: That is well said.
Mr. Currie: I agree with what the Taoiseach has said. Does he agree that the statement by the British Prime Minister that we must move the peace process forward by 1 July or find another way forward, will concentrate the minds of all in Northern Ireland who seek a solution? If a solution cannot be found by 1 July, it will not be found during the mad months of July and August.
With regard the continuing barbarity of the search for the disappeared, does the Taoiseach [150] see any significance in the fact that after extensive digging on six designated sites, no bodies have been found?
Mr. Higgins: (Dublin West): Does the Taoiseach believe on reflection that setting the deadline of 30 June, the eve of the marching season, is a good idea? If the political establishment does not come to an agreement by that date, does the Taoiseach not see the danger of extreme sectarian elements using that failure to cut loose during July and August when sectarianism comes to a crescendo? Does the Taoiseach see a danger in the marching season commencing with a failure by the political leaders to come to an agreement?
Since the situation in Portadown is a touchstone on which so much depends, will it feature in the intensive discussions of the political establishment between now and 30 June? Members of all parties whose leaders will take part in the discussions, are active in Portadown. Will the Taoiseach point out to them their responsibility not to plunge communities in such horror as led to the murder of the Quinn children and to the feast of sectarian hatred which we saw last year?
Mr. Currie: I note Deputy Ó Caoláin is not in the House today.
The Taoiseach: June 30 is linked to the dates of devolution in Scotland and Wales. I am conscious of the difficulties presented by that date, which is why we tried so hard to conclude the stage of the discussions at Hillsborough before Easter. That was my preferred option and I have been trying to achieve it since 18 December when we finalised the plans for North-South bodies. That did not work, however, so we tried for a date in early May. There are risks but we will work with everybody to, hopefully, avoid getting into the sectarian difficulties and bitterness that few people want. Most people do not want to get into such difficulties but it is not easy to find a way around this matter. Everybody's best efforts are going into finding a solution. I thank the House for its indication of support should we send an all-party group.
I have already answered Deputy Currie's first point. As regards his second point, the Minister for Justice, Equality and Law Reform and I have gone to all possible lengths to find out if the information provided initially was credible. All our sources indicate that it was. In recent days there has been confirmation from unknown sources, which I would say are fairly close to people who might know, that these are the right locations. Regrettably and unfortunately we have not yet found the remains of those people but it seems as if those are the locations. As I said previously, the difficulty is that locations of a general nature were given and they were not pinpointed. However, I do not think this is a wild goose chase.
Mr. Currie: Does the Taoiseach not think that [151] out of six sites, something would have been found in at least one of them?
The Taoiseach: I do. However, from my own sources I know that when the attempt to exhume the remains began, senior people in the republican movement believed we would have had all the bodies that weekend, and I think they were acting in good faith. I have to be honest about these matters.
Mr. Currie: Someone sold them a pup.
The Taoiseach: Perhaps not. It has certainly been reconfirmed that a few of the sites are the right ones, but locating the remains is the problem.
35. Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to seek the approval of Dáil Éireann for the payment of pensions to the recently resigned Supreme Court and High Court judges and former Dublin County Registrar; and if he will make a statement on the matter. [15305/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Deputy will be aware, on the basis of information given to the House on 20 April 1999, that the Government has concluded that pensions of a certain amount should be payable in respect of each of the persons referred to in his question, and that these amounts are £40,000 per annum in the case of the former Supreme Court judge, £30,000 per annum in the case of the former High Court judge and £15,000 per annum in the case of the former Dublin county registrar.
These pensions are to be adjusted in the normal manner in line with those of other retired judges and county registrars. An additional element is that no gratuities will be paid in this instance. Following a decision of the Government, at its meeting this morning, I can inform the House that a Bill dealing with the pension arrangements is in the process of being presented to the House for circulation to Deputies. Subject to the agreement of the Whips, I look forward to a very early debate on the details of the Bill.
Mr. Howlin: On a point of order, is Question No. 57 being taken in conjunction with Question No. 35?
An Ceann Comhairle: No. We are dealing strictly with Priority Questions.
Mr. O'Donoghue: That question will be taken separately.
[152]Mr. Higgins: (Mayo): Is the Minister aware that the former judge, Mr. O'Flaherty, who without invitation to come before the joint Oireachtas Committee on Justice, Equality and Women's Rights to make a full statement and answer questions and who saw no constitutional or other impediment, has now declined to come before the committee? If it is proposed to make payment on these very generous terms of £40,000 in the case of the former Supreme Court judge and £30,000 in the case of the former High Court judge, it should be conditional upon the judges co-operating with the committee or the Chief Justice, or with whatever mode of inquiry is put in place to inquire further into the unsolved matters arising from this saga.
Mr. O'Donoghue: I have already indicated the advice available to me is that it would be unconstitutional to include in legislation providing for pensions or payments to judges or former judges any provision that payment would be dependent upon the individual judges complying with any requirement that they provide some explanation or self-justification, or make themselves available to give evidence before an Oireachtas committee.
Mr. Higgins: (Mayo): Is the Minister aware of the gravity of the offences of which both judges stand accused? The former Supreme Court judge was deemed to have compromised the administration of justice. The former High Court judge was deemed not to have conducted the case in a manner befitting a judge and to have compromised the administration of justice. In such a situation where there are many unanswered questions, surely it should be obligatory for the judges to co-operate. It should be obligatory for the House to ensure that every possible method is used to ensure they co-operate with whatever investigation is under way to establish why they and others did what they did, which led to the unprecedented constitutional crisis just six weeks ago.
Mr. O'Donoghue: The Government took the view that on the information available the errors of judgment by the individuals involved were very serious. However, in examining their pension arrangements the Government took into account the fact that all three individuals had taken the honourable course of resigning. They collectively helped to avert what was a very difficult, if not unprecedented, situation from a constitutional point of view. The position is as I have already outlined it and I cannot expand further on the matter. The advice available to me is that if a provision of the sort Deputy Higgins is requesting were to be inserted in legislation it would be unconstitutional. There is little I can do about that. The facts speak for themselves and I must take the advice I have been given.
Mr. Higgins: (Mayo): Is the Minister prepared to make available to the House the legal advice [153] he received? Does the Minister not accept that in any other situation where public servants quite obviously abused their positions and where public money was involved, these people would unceremoniously be given the red card and no pensions would be involved. No pensions should be involved if they do not co-operate with what is in the public interest – the establishment of the facts behind this saga.
Mr. O'Donoghue: I am not dealing with a different situation, I am dealing with this one as best I can. The position is as I have outlined it and I cannot put it any clearer for the Deputy.
Mr. Higgins: (Mayo): Will the Minister make the legal advice available?
Mr. O'Donoghue: I sincerely hope that Deputy Higgins is not suggesting for one moment that I would come into the House and say that advice which I received had not been received.
Mr. Higgins: (Mayo): I am asking for the legal advice.
Mr. O'Donoghue: That is the advice which is available to me and there is no precedent for making advice available to the House. I assure the Deputy that I have nothing to hide in relation to the advice. I am telling the truth.
36. Ms Shortall asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to extend treatment services for sex offenders in prison; the number of additional places he will provide; and the timescale involved. [15390/99]
Mr. O'Donoghue: There are two forms of treatment available to sex offenders while serving sentences: group treatment and individual counselling. At present there are the equivalent of 29 full-time professionals and two consultants engaged in treatment and rehabilitation programmes for sex offenders in prison. Four of these deliver the dedicated sex offender programme in Arbour Hill prison and the remainder deliver one-to-one counselling.
My Department has examined the possibility of locating a group treatment programme for ten sex offenders at the Curragh place of detention. I am pleased to confirm that this programme should be in place by the end of this year. In view of the specialist skills necessary to set up and run such a programme, it is taking some time to put a new programme in place. However, the recruitment of additional staff for the psychology and probation and welfare services will enable the programme to proceed. The new Curragh programme will be modelled on the sex offender treatment programme which has operated successfully in Arbour Hill prison since 1994.
Individual counselling is available in all the institutions housing sex offenders and is provided [154] by my Department's clinical psychology service and-or by the probation and welfare service. Both the clinical psychology service and the probation and welfare service are under separate review by two expert groups at present. The expert groups are mandated to review and report on the future role, needs, structure and organisation of both services. I anticipate the early conclusion of the work of the expert groups. At this point, in advance of their reports, it is not possible to predict the extent of any further possible expansion of the treatment programmes for sex offenders in prisons to be delivered by both services. However, in the meantime, the recruitment of further psychologists for the prison service is under way. This will bring the number of psychologists in the prison service to ten and will enhance the services provided for the treatment of offenders, including sex offenders.
Ms Shortall: If the Minister accepts that providing rehabilitation services is a key element in ensuring greater public safety and tackling the crime problem, particularly sexual offences, why is it that the existing provision – ten places – is so miserable? The Minister's plans to extend this, announced today, are extremely conservative.
Mr. O'Donoghue: While I accept it is important that treatment is provided, the best available advice is that the individual should volunteer and be suitable for treatment. As it is accepted that the number of places available at Arbour Hill Prison is inadequate, I have made arrangements to provide a further ten places at Curragh Prison at the earliest possible date. The number of sex offenders in prison is not contracting. While one-to-one counselling is available, group sessions can be difficult for the individual concerned. This may explain why individuals will not volunteer. In general, the treatment programme is successful and I am moving to expand it.
Ms Shortall: Is the Minister implying that an insufficient number volunteer or are suitable? How many sex offenders serving prison sentences are deemed suitable? How many have volunteered?
Mr. O'Donoghue: All those who apply and are deemed suitable receive treatment prior to release.
Ms Shortall: Is the Minister saying that only ten prisoners are deemed suitable for treatment each year?
Mr. O'Donoghue: I am not saying that. Each individual must volunteer and be deemed suitable. Up to ten sex offenders successfully complete the dedicated group programme each year. I am moving to expand the number of places available which is inadequate.
[155]Ms Shortall: Is the Minister saying that only 20 prisoners are deemed suitable?
Mr. O'Donoghue: I am not saying that. I cannot be definitive about the numbers.
Mr. O'Donoghue: There is a growing number of sex offenders in custody.
Mr. O'Donoghue: It must be clear to everybody that the number of places required is in a state of flux.
Ms Shortall: Hopelessly inadequate.
37. Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the reason a DNA databank has not been established; and if he will make a statement on the matter. [15250/99]
Mr. O'Donoghue: The conditions under which bodily samples are taken for DNA analysis are determined by the provisions of the Criminal Justice (Forensic Evidence) Act, 1990. The Act enables a member of the Garda Síochána to take or have taken bodily samples where the sample is required in connection with an offence and where the sample will indicate whether the person was involved in the said offence. The Act also provides for the destruction of records and samples after a certain period, except in cases where a court makes an order authorising the retention of such records and samples for such purpose or period as it may direct or where the person is convicted.
Mr. Higgins: (Mayo): The legislation to which the Minister referred is hopelessly out of date. We are out of line with other countries in that a person must volunteer to give a sample, even where they are suspected of rape, murder or assault. This is one of the few developed countries in the western world which does not have a comprehensive DNA database.
Mr. O'Donoghue: The Criminal Justice (Forensic Evidence) Act, 1990, does not allow for compulsion. This raises the issues of whether a DNA sample should be taken by force and the protection of data which may have constitutional implications. This would have to be seriously examined. If there is to be compulsion, there is little doubt that new legislation will be required. It is my understanding that the European Council resolution of June 1997 on the exchange of DNA analysis results encouraged member states to consider establishing national DNA databases with a view to exchanging DNA analysis results. There would be a need to ensure the physical integrity [156] of the individual was protected. This is fundamental to our system of justice. Serious issues arise when one enters the area of compulsion.
Mr. Higgins: (Mayo): Will the Minister consider revising the legislation as a matter of urgency in view of the 30 per cent increase in reported rapes? He has acknowledged that there is a huge increase in sexual offences. There is a considerable number of murders, many of which remain unsolved. There is a DNA database encompassing 500,000 entries in Britain which has proved an invaluable tool in investigating cases of rape, murder and assault. Will the Minister consider the same action here? Is he aware that only one murder has been solved in this country as a result of DNA testing – the tragic killing of Marilyn Rynn – and that the only reason it was solved was that the individual who was subsequently charged and convicted of her murder agreed to undergo testing on the assumption that it would not be possible to take samples from her body? There is a proven model which is being used successfully in other countries and we will not replicate it here. How can the Minister explain this in the context of his zero tolerance policy?
Mr. O'Donoghue: There is a compulsory system in force in the United Kingdom where the police consider it is a powerful asset in criminal investigations. There are national databases in other European countries which differ in some respects – in some a court order must be obtained. The system in force here does not allow for compulsion. There is a need to protect the physical integrity of the individual. This gives rise to constitutional and legal problems. A comprehensive Garda report identifying serious concerns and seeking clarification in relation to the practical operation of the 1990 Act was forwarded by the Garda authorities to the Chief State Solicitor in April. His advice has been sought on the concerns identified which relate to the destruction of evidence, the issue of consent and the use of DNA profiles in subsequent proceedings. The Forensic Science Laboratory has also sought the advice of the Chief State Solicitor on the destruction of samples and records. This is a matter on which movement is required but within the parameters I have outlined.
38. Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform if he has received the transcript of a High Court case which was ordered to be sent to him by the presiding judge where a rapist (details supplied) who had not received the therapy ordered for him by the judge is shortly to be released; and if he will make a statement on the matter. [15307/99]
Mr. O'Donoghue: I have received the transcript referred to by the Deputy. I have asked officials [157] in the psychology, probation and welfare and medical services in my Department to examine this issue as a matter of urgency and I am awaiting a report on the matter.
The person referred to by the Deputy is serving a six year sentence for rape and is due for release with standard remission on 9 December 2000. He applied to participate in the dedicated sex offender group treatment programme in Arbour Hill Prison which began in September 1998. He did not apply for participation in the programme prior to this. He was interviewed by the treatment team which comprises psychologists and probation and welfare professional staff but was not considered suitable for participation at that stage. He was, however, urged to apply for a future programme. I am sure the Deputy will understand that I cannot discuss the reasons for this refusal to protect the privacy of the individual concerned. I can assure the Deputy, however, that the reasons for refusal are communicated to all applicants and they are advised on more appropriate forms of treatment to meet their individual needs.
Applications for the next group programme which is due to begin in September 1999 will issue to all convicted sex offenders in July. It is open to the person concerned to apply for inclusion in this programme and his suitability will again be assessed by the treatment team.
Various criteria are applied to determine the suitability of an offender for the group treatment programme. These include the type of offence, amount of sentence to be served, level of danger posed to the community on release and ability to cope with the demands of such a programme. I should explain that group treatment is very demanding on participants who are compelled to confront their offending behaviour openly in group sessions. Many sex offenders in prison are unwilling to engage in such a process and some who may be willing do not have the emotional or intellectual capacity or maturity to do so. Central to suitability is the quality and perseverance of the offender's motivation towards treatment. The final decision as to suitability is made by the programme delivery team after careful deliberation and consultation with prison personnel who know the offender well.
Although the person concerned was not considered suitable for the dedicated sex offender group treatment programme, he has received treatment while in prison. He was first referred to my Department's psychology service in March 1996 and was seen on a regular basis up to April 1997. He was seen by a consultant psychiatrist who has experience of a range of psychiatric therapies on a regular basis over a period of 18 months to two years from April 1997. He recently sought a further referral to the psychology service. He has been seen by a psychologist on foot of this request and will continue to be seen while he is in custody.
Mr. Higgins: (Mayo): Does the Minister realise that the reason the judge was so angry on 17 May [158] in the High Court was that his recommendation of three years ago that this prisoner should receive intensive therapy was not carried out? This person had been found guilty of rape on two occasions, had served a four year sentence in England, and had a six year sentence imposed on him in this country. The prisoner had been the victim of rape while in care in a home in Clonmel. Does the Minister regard it as acceptable that somebody who is to be released within the next six months has, to date, not received any treatment, despite the fact that the judge made it conditional on his sentence being reviewed that this individual would receive such therapy?
Mr. O'Donoghue: The individual concerned was examined by professional staff, and it must be clear to the Deputy that the professional opinion of experts must be accepted, otherwise there would not be any point in consulting them. As I have already outlined, he was advised to apply for the next treatment programme. I have repeatedly stated that the criteria which operate are that the individuals are volunteers and that they are suitable. Obviously, as Minister for Justice, Equality and Law Reform, I do not make the decision in either case. The individual makes the decision to volunteer and the experts decide whether the individual is suitable.
Mr. Higgins: (Mayo): Is the Minister aware that it was brought to the court's attention that two psychiatrists had recommended that it was not safe to release this individual next October or next December? On the point raised by Deputy Shortall about our inadequate performance in terms of dealing with sex offenders, will the Minister state the number of people who applied to avail of the limited sex therapy treatment and services?
Mr. O'Donoghue: There are currently ten people undergoing the sex offender treatment programme in Arbour Hill Prison; that is the number of places available. I understand 48 offenders have successfully completed the treatment programme and, in addition, individual counselling is available at all of the relevant institutions. The number of offenders undergoing one to one counselling is difficult to define because of the varied nature of individual counselling provided to sex offenders in prison. Such a service is primarily provided by the probation and welfare service and the psychology service in my Department. Psychiatric services are also provided.
With regard to the supervision of individuals in the community, the Deputy will be aware that I recently published a paper on sexual offences and it is my intention to legislate on foot of some of the proposals contained in that document.
An Ceann Comhairle: We must proceed to Question No. 39. As Deputy Flanagan is not present, that question falls.
[159]Mr. Higgins: (Mayo): Is it not in order for me to take it?
An Ceann Comhairle: No, not a priority question.
40. Mr. McDowell asked the Minister for Justice, Equality and Law Reform when the promised legislation to deal with trafficking in illegal immigrants will be published; the main provisions of the legislation; and if he will make a statement on the matter. [15381/99]
Mr. O'Donoghue: I am pleased to be able to tell the House that I have today obtained Government approval to publish the text of the Illegal Immigrants (Trafficking) Bill, 1999, and to circulate it to Deputies.
As I have indicated previously, the Bill will be aimed at the activities of those who organise and engage in the trafficking of illegal immigrants and will provide a framework by which those who engage in the trafficking of illegal immigrants can be dealt with under the law. The Bill will provide for the creation of an offence of trafficking in illegal immigrants with appropriate penalties and in addition to fines and imprisonment will, in certain circumstances, give the court power to order the forfeiture of the means of transport used in illegal immigrant trafficking.
I expect that this important measure will be published within the next few days.
Mr. Howlin: I thank the Minister for his reply and hope the tabling of this question might have prompted the decision of the Government today which is, by coincidence, the anniversary of the approval of this legislation by the Government. Will the Minister agree it is worrying that it has taken a full year from the announcement and approval by the Government of the legislation, for a decision to be taken on the actual text, which we have yet to see? Can he tell us whether the article published in January of this year stating that two international trafficking gangs were responsible for the bulk of the trafficking in illegal immigrants into this country through the port of Rosslare is a fact? Why is it that specific action to tackle that issue has been so long in coming?
Mr. O'Donoghue: I obtained Government approval for the drafting of this Bill last year. I regard it as an important measure, but developments outside the control of my Department inevitably caused delays in publishing the measure. This arose primarily because of the decision by the High Court in the Laurentu case which was subsequently upheld by the Supreme Court. The effect of that judgment was to hold as ultra vires the power of the Minister to make [160] deportation orders. The House will be aware that the Immigration Bill which is currently before the House was introduced, inter alia, to address the implications of the Laurentu case. The trafficking Bill was being drafted on the basis of defining an illegal immigrant by reference to specific provisions in our existing emigration law. In as much as the decision in the Laurentu case called into question those provisions, clearly a difficulty arose in the drafting of the Bill dealing with trafficking. Initially it appeared that publication of the trafficking Bill would have to await enactment of the Immigration Bill currently before the House so that the definitions used in the trafficking Bill would tie in with the definitions used in the new immigration Act. However, I asked my Department to consult further the Attorney General's office about this and we are now satisfied that we can define “illegal immigrant” in a general way which would allow for publication of the trafficking legislation in advance of the enactment of the Immigration Bill. I put the text of a Bill incorporating those proposals before Government this morning and, as I have indicated, the Government has approved the text. With regard to the position of trafficking in illegal immigrants into the country, the measures proposed are in line with measures being taken in other EU states.
Mr. Howlin: Does the Minister agree it is surprising that he cited the High Court decision about the absence of legislation as an excuse for not producing legislation? It was the deficiency of specific legislative powers which was struck down by the High Court in the Laurentu case. Has the Minister held discussions with the Irish Road Haulage Association concerning the measure which is about the be published? Has he received the association's consent on the measures about to be put in place?
Does the Minister agree the Garda Síochána has identified two criminal gangs as the principal culprits in smuggling illegal immigrants into this country in dreadful conditions through Rosslare port?
Mr. O'Donoghue: I cannot confirm or deny the Deputy's comment about two criminal gangs. However, there is no doubt international traffickers and organised crime have been involved in trafficking people into this country.
Mr. Howlin: Risking their lives.
Mr. O'Donoghue: One of my main concerns is that there could have been loss of life. It is clear that someone could have died in any of the containers coming from Cherbourg and this gives rise to the deepest concern. The legalisation is in line with laws in place or being put in place in other EU states to deal with this crime.
The Laurentu case proceeded through the High Court and the Supreme Court and it was necessary for me to await the outcome. It is not ironic [161]– the Supreme Court makes law and the Legislature makes law.
41. Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the latest position of the Garda investigation into the seizure at the AIBP plant, Nenagh, County Tipperary, of a consignment of cattle believed to have been smuggled from Northern Ireland; and if he will make a statement on the matter. [15378/99]
Mr. O'Donoghue: The Deputy will appreciate that it is not the practice for the Minister for Justice, Equality and Law Reform to give detailed information to the House about an individual Garda investigation or operation, except where the circumstances of an investigation are so exceptional that such a course in deemed appropriate.
All I propose to say in this case is that I have been informed by the Garda authorities that the incident to which the question refers occurred on 17 November 1997 and was investigated by the special investigation unit of the Department of Agriculture and Food and that, last month, the Department forwarded a file to the Garda for further investigation. I am further informed that the Garda investigation has commenced and is likely to take some time to complete.
Mr. Howlin: With only a slight variation towards the end, that is almost a verbatim quotation of the reply given to Deputy Ferris on 4 February, more than four months ago. Does the Minister find it acceptable that such a serious matter is taking so long to investigate? Last week the first case of human variant CJD in this State came to light. Does that development add an extra impetus to the investigation? This matter is of profound concern as it involves people's well-being. When does the Minister believe this matter can be brought to a conclusion?
Mr. O'Donoghue: An investigation was conducted by the special investigation unit of the Department of Agriculture and Food following the seizure of the cattle on 17 November 1997, assisted by the Garda as required. At that time the investigation was under the remit of the Department of Agriculture and Food.
Mr. O'Donoghue: On 5 May 1999 the Department of Agriculture and Food sent its file to the Garda for further investigation. This investigation is currently under way and is likely to take some time to complete. I do not consider that there has been an undue delay, particularly as the file was sent to the Garda only in the past month.
Mr. Howlin: Is the Minister aware that the Garda Commissioner received a letter on 22 June 1998 which included detailed allegations concern[162] ing this matter? Can the Minister assure the House and the people that the practices alleged in that letter, which involved the introduction of potentially contaminated cattle into the food supply, are not taking place and that sufficient measures are in place to ensure this is the case?
Mr. O'Donoghue: The Garda Síochana was aware of the situation. Following the seizure of the cattle on 17 November—
Mr. Howlin: They were seized on 17 November 1997.
Mr. O'Donoghue: The animals were removed on 17 November 1997 to the Department of Agriculture and Food's pound at Crossdoney, County Cavan. From that point the investigation was led by the special investigation unit of the Department of Agriculture and Food. The Garda was aware of the case and was prepared to assist if requested. However, the investigation was the responsibility of the Department of Agriculture and Food until the file was passed to the Garda Síochána last month.
I share the Deputy's concern on this matter as it could have serious ramifications. However, we must await the outcome of the Garda investigation. As always, I have every confidence in its professionalism.
Mr. Howlin: Whatever about the Minister's confidence in the Garda's investigative powers and professionalism, I sought an assurance on behalf of the people that the practices alleged in this case are not occurring now and that sufficient safeguards are in place to ensure the safety of the food supply. In saying this, I am doubly aware that the first case of human variant CJD in this State came to light in the past week.
Mr. O'Donoghue: Naturally I am concerned that every possible safeguard is in place to ensure such an event cannot take place. However, I cannot guarantee it will not take place. In this instance, a cattle lorry was stopped at a Garda checkpoint and the gardaí were suspicious of the origin of the cattle. The lorry was kept under observation by the Garda until it arrived at a meat factory in the area concerned.
Gardaí at Nenagh contacted the Department of Agriculture and Food. The veterinary inspector in Nenagh went to the factory on the morning of 17 November 1997 where he commenced his investigation. I assure the Deputy that my Department and the Department of Agriculture and Food are most concerned to ensure adequate safeguards are in place. Obviously one cannot legislate to ensure 100 per cent success, but we will do everything we possibly can.
[163]42. Mrs. B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform when he will implement his recent announcement that certain categories of prisoner will no longer qualify for early release; and if he will make a statement on the matter. [15368/99]
Mr. O'Donoghue: The provision of 1,000 additional prison places when the new remand prison at Cloverhill is fully operational and the opening later this year of the new midlands prison in Portlaoise and the new women's prison on the North Circular Road, Dublin, will alleviate the problem of over crowding and begin to address the need to grant temporary or early release for that reason alone in a meaningful way.
Persons serving sentences for serious crimes such as the importation and supply of drugs, sex offences, armed robberies and other cases involving serious violence, are not granted periods of temporary release by me except in very exceptional circumstances. In addition, offenders convicted of violent offences against women and children, particularly domestic violence, are rarely granted periods of temporary release.
As the prison building programme progresses, I propose to ensure that unplanned or unprogrammed releases do not take place, not only in the case of the offender categories I mentioned, but also in cases of those convicted of other serious crimes, such as violence against women and children, serious public order offences, particularly those which give rise to terror, fear and apprehension among senior citizens and other vulnerable members of the community, attacks on the elderly, so-called joyriding and persistent car thieving.
The daily number of prisoners on temporary release has decreased considerably since I took office. The average number of prisoners on temporary release in May 1997 was 578, representing 19 per cent of the total number of prisoners serving a sentence. In contrast, the average number on temporary release in May 1999 was 411, 13 per cent of the those serving a sentence. The Deputy will agree that these figures represent a significant reduction but I am not sure the facts support that.
Mrs. B. Moynihan-Cronin: While the Minister indicated there will be extra prison spaces, he did not give definite figures or a date as to when we can expect this. There is still a perception that prisoners are released early from prison. Will the Minister be more specific about when these measures will be implemented? Can we expect a reduction in the overcrowding that still exists, particularly in Mountjoy, as a result of this announcement?
Mr. O'Donoghue: As Cloverhill takes in remand prisoners over the coming period, the pressure on Mountjoy in terms of remand prisoners will decrease. I have given a commitment that once I have alleviated the overcrowding at Mountjoy, I intend to undertake a floor by floor, landing by landing refurbishment of the prison. I [164] anticipate I should be in a position to open the new women's prison at Mountjoy, which will have 80 places, in a matter of weeks. I also anticipate we will receive the key to the new midlands prison in the autumn, the first phase of which will provide 400 places, and that we should be in a position to put into operation the other 115 places at the midlands prison in Portlaoise early next year. Planning is going ahead on fulfilling the remaining promises made by the Government on prison accommodation, but we are witnessing the beginning of the end of the revolving door in the Irish criminal justice system. As I said in Opposition, without a shadow of doubt it has served to undermine confidence in the system, but I could not click my fingers and build the prisons overnight.
Ms O'Sullivan: The situation in Mountjoy is far from what it should be. Will the Minister give more details on what improvements will be made there?
Mr. O'Donoghue: The new remand prison at Cloverhill will be the first remand prison in the history of this State. Offenders remanded to Mountjoy, who number several hundred, will be moved progressively to Cloverhill. That will alleviate the overcrowding at Mountjoy and allow me to carry out refurbishment there. This will mean more facilities and comfort for the prisoners and provide prison officers with a far more adequate place to do their work.
Mr. Higgins: (Mayo): Allowing for the need for sufficient prison places, does the Minister accept his preoccupation with building additional prison places is counterproductive, given that he told Deputy Howlin and me during a debate on the Estimates a mere two weeks ago that it costs a record £56,000 to keep a prisoner in prison for a year? These prisoners are not getting any rehabilitation. Given that statistics from the Minister's Department show that seven out of every ten prisoners currently in prison will reoffend, why will he not spend more money on prisoner rehabilitation?
Mr. O'Donoghue: It is not correct to say rehabilitation is not taking place. We are going to try to reduce the number of prison officers to prisoners. We are in the process of implementing the recommendations of the first report on the Probation and Welfare Service by taking on more staff, which was one of the recommendations proposed in that report. An expert group is examining the Probation and Welfare Service under the chairmanship of Mr. Brian McCarthy. We are not, therefore, considering this matter in isolation.
[165]43. Mr. McGinley asked the Minister for Justice, Equality and Law Reform if the gardaí will continue to invoke section 18 of the Road Traffic Act, 1994, in view of the District Court and High Court judgments which found that there could be a doubt regarding the integrity of the container used for dispatching specimens; and if he will make a statement on the matter. [15268/99]
Mr. O'Donoghue: Section 18 of the Road Traffic Act, 1994 deals with the procedure to be followed by the gardaí and the designated doctor regarding the taking of specimens of blood and the provision of specimens of urine in cases of suspected drink driving.
The Act provides that after the taking of the specimens of blood or urine by the doctor the specimen is divided into two parts and each part is placed in a container which is sealed and a prescribed form is completed. The garda is required to offer the suspect one of the sealed containers together with a statement in writing indicating that he or she may retain either of the containers. The container retained by the garda is forwarded to the Medical Bureau of Road Safety for analysis. If the suspect refuses to accept the offer of a container of his or her sample this container is also sent to the bureau.
Mr. Higgins: (Mayo): Is the Minister aware that there is a major problem with this Act, given that a District Justice in Cork, Judge Pattwell, found there was no guarantee about the integrity of the container? The matter was appealed by the State to the High Court and Mr. Justice O'Donovan upheld the District Justice's decision with the result that no drink driving cases are being processed at present. What is the current state of play? Will the case be appealed to the Supreme Court or can we anticipate the introduction of new legislation?
Mr. O'Donoghue: The matter referred to by Deputy Higgins, which concerns a challenge regarding the containers in which samples are sent to the bureau, has been appealed to the Supreme Court by the State. That case was heard on Thursday, 3 June, but judgment was reserved and the decision of the court is awaited. In the meantime, where gardaí find evidence of drinking and driving, specimens are taken and analysed and, where cases are listed for hearing, adjournments are sought pending the Supreme Court decision.
Mr. Higgins: (Mayo): While I do not want to pre-empt the Supreme Court decision, in the event of the Supreme Court upholding the decision of the District Court and the High Court, does the Minister accept the position will be chaotic? If amending legislation is not introduced before the summer recess, we will have an open season for drinking and driving. Can the Minister indicate when the Supreme Court will give its reserve judgment, when we can have a final determination on this matter and whether the doubt and ambiguity that surrounds this matter at present will be put to rest or dealt with if the challenge is deemed to be successful?
[166]Mr. O'Donoghue: As the Deputy pointed out, we must await the decision of the Supreme Court. Despite the challenges to section 18 of the Road Traffic Act, 1994, the gardaí can continue to deal with drivers suspected of drinking and driving under sections 49 and 41 of the Road Traffic Act, 1961. In these cases a doctor conducts a medical examination and does not take a sample. Such cases form 16 per cent of drink driving prosecutions. Therefore, the door the not closed on the gardaí.
Mr. Howlin: I am alarmed at the Minister's complacency on this matter. While the earlier Road Traffic Act is being used, but in only 16 per cent of cases, does he agree most of the cases that are being backlogged pending the Supreme Court decision will be struck out because of being charged under section 18 of the later Act? Notwithstanding the imminent decision of the Supreme Court, would it not be appropriate for the Minister to ensure this loophole is plugged before the Dáil goes into recess? He has an absolute responsibility to the Irish people, to motorists and to those who use our roads during the summer to do that.
Mr. O'Donoghue: The charge of complacency is a political one, which is nonsense. The case is before the Supreme Court.
Mr. Howlin: While the Minister sits on his hands.
Mr. O'Donoghue: I am not in a position at this point to pre-empt what the Supreme Court will decide. I outlined that there are alternative methods available to the Garda Síochána in cases of alleged drunk driving and in the past the gardaí have utilised those measures to telling effect. It is true that the newer procedures are used in the majority of cases by the Garda Síochána, but legislation provides for an alternative avenue and the gardaí have been known to go down that avenue on a regular basis. We will await the Supreme Court decision and consider what action is required at that point, but it would be ludicrous to expect me to introduce legislation at this point.
Mr. Higgins: (Mayo): Given that 84 per cent of the cases are sample based and come under section 18 of this Act, does the Minister accept we are facing a nightmare?
An Leas-Cheann Comhairle: A brief question Deputy, we are running out of time.
Mr. Higgins: (Mayo): Does the Minister not see, as Deputy Howlin pointed out, there is an obligation on him to put a contingency plan in place by way of the preparation of emergency legislation in the event of the Supreme Court determining that the judgments in the District and High Courts were correct? If they are upheld, the Minister has an obligation to introduce contingency legislation—
[167]An Leas-Cheann Comhairle: I call on the Minister for a brief final reply.
Mr. Higgins: (Mayo):—to plug the obvious gap and the open season which will ensue.
Mr. O'Donoghue: I have already outlined my position. The law is there to be obeyed and there is a duty on all members of society to obey the law. This particular measure has been considered by the Supreme Court, judgment has been reserved and I am awaiting a decision.
Mr. Howlin: If it is struck down, what will the Minister do between now and the autumn?
An Leas-Cheann Comhairle: Will the Deputy please allow the Minister to conclude?
Mr. O'Donoghue: I assure the House that, following on the judgment, the Government will do whatever is required and necessary. In the meanwhile, I merely point out that an alternative avenue is open.
44. Mr. Browne (Carlow-Kilkenny) asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to remove the height requirement for entry to An Garda Síochána; and if he will make a statement on the matter. [15288/99]
66. Mr. Callely asked the Minister for Justice, Equality and Law Reform when the current review of the height requirements for entry to An Garda Síochána will be completed; and if he will make a statement on the matter. [14998/99]
Mr. O'Donoghue: I propose to take Questions Nos. 44 and 66 together.
The height requirements for entry to An Garda Síochána are prescribed by regulation and are currently under review. Until that review is completed I am not in a position to say what changes, if any, will be made to the relevant regulations. Any proposals I may have in this regard will be submitted for consideration by the Government in due course. However, I wish to emphasise that I am not seeking to justify requirements simply because they are long-standing and were accepted by my predecessors. It is reasonable to question these requirements in a balanced, objective way and that is why a review has been undertaken. The height requirements will remain unchanged for the purposes of the new Garda recruitment competition I announced recently and which is due to be advertised shortly. I wish to stress that this matter should be looked at in a balanced way and I intend to look at it very closely.
Mr. Higgins: (Mayo): When does the Minister anticipate the review will be completed? Has he [168] looked at the standard height requirements in other EU countries?
Mr. O'Donoghue: In some countries there is no height requirement. All the issues are being examined in the context of the review. I cannot give the Deputy the precise date of its completion. However, it is being given priority. I have always believed in equality of opportunity. I have never believed in discrimination on the grounds of an individual's mental or physical capacity. We will leave it there and wait until the review has been completed.
Mr. Higgins: (Mayo): I thank the Minister for his reply. I am sure he will accept that neither Deputy Howlin nor I has a vested interest in a change of career. Does the Minister accept that quite a number of worthy applicants for the Garda Síochána have been and continue to be denied access because of an outmoded requirement?
Mr. O'Donoghue: I indicated that I have initiated a review and I am awaiting its outcome. My predecessors accepted the requirements as they exist at present and I am very concerned about discrimination against any individual and that any such situation, if existing, should be rectified.
Written Answers follow Adjournment Debate.
An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Hanafin – the need to introduce a range of measures to deal with low voter turnout at elections; (2) Deputy Penrose – the need to ensure that maximum provision is put in place to reduce and prevent farm accidents, particularly with regard to children, during the summer months; (3) Deputy Keaveney – the closure of Glenveagh mushroom plant in Newtowncunningham and the need for urgent action to be taken to address the unemployment situation; (4) Deputy Finucane – the need to find an alternative industry for Newcastle West in County Limerick following the announced closure of Giro Ireland's assembly unit in July with the loss of over 40 jobs; (5) Deputy Bradford – the need to examine options to overcome the very low voter turnout as witnessed in last week's local and European elections; (6) Deputy Allen – the threatened downgrading of the blood transfusion unit located at St. Finbarr's Hospital, Cork.
The matters raised by Deputies Penrose, Allen, Hanafin and Bradford have been selected for discussion.
The Taoiseach: It is proposed to take No. 6, motion re. Ministerial Rota for Parliamentary Questions; No. 34, Statements on European Summit (Cologne); No. 7, motion re. Agreement Regulating Technical Assistance between the Government of Ireland and the Government of the Republic of South Africa; and No. 2, Regional Technical Colleges (Amendment) Bill, 1999 – Order for Second Stage and Second Stage. It is also proposed, notwithstanding anything in Standing Orders, that: (1) No. 6 shall be decided without debate; (2) the proceedings on No. 34, if not previously concluded, shall be brought to a conclusion after 70 minutes and the statements shall be confined to the following Members who shall be called upon in the following sequence and the following arrangements shall apply: the statements of the Taoiseach and of the main spokespersons for the Fine Gael Party and the Labour Party shall not exceed 20 minutes in each case and the Minister for Foreign Affairs shall be called upon to make a statement in reply which shall not exceed 10 minutes; (3) the proceedings on No. 7, if not previously concluded, shall be brought to a conclusion at 7 p.m. and the following arrangements shall apply: the opening speech of a Minister or Minister of State and the main spokespersons for the Fine Gael Party and the Labour Party shall not exceed 15 minutes in each case; the speech of each other Member called upon shall not exceed five minutes in each case; Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes. Private Members' Business shall be No. 54, Whistleblowers Protection Bill, 1999 – Second Stage. The proceedings on the Second Stage thereof, if not previously concluded, shall be brought to a conclusion at 8.30 p.m. on Wednesday, 16 June.
An Leas-Cheann Comhairle: There are four proposals to be put to the House. Is the proposal for dealing with No. 6 agreed?
Mr. Quinn: On that issue, I had a number of questions disallowed by your office. I have already been in contact with your office and I have received a communication from it. I would like an opportunity, although not on the floor of the House, to discuss the matter with you because I do not accept the tenor of the ruling. I ask for that to be facilitated and for the questions which were disallowed to be put back on the Order Paper for tomorrow.
An Leas-Cheann Comhairle: Deputy Quinn should speak to the Ceann Comhairle about this in his office, which is the appropriate place to discuss the matter if he is dissatisfied with the Ceann Comhairle's ruling.
An Leas-Cheann Comhairle: Is the proposal for dealing with No. 6 agreed? Agreed. Is the proposal for dealing with No. 34 agreed?
Mr. Higgins: (Dublin West): The proposal for dealing with No. 34 makes provision for 20 minutes each for the Government, Fine Gael and the Labour Party and for a ten minute reply by the Government. Why has no time been made available for the five Deputies who are not in those parties and are not supporting the Government by arrangement? Does the Taoiseach think this is democratic? Will he change the order?
An Leas-Cheann Comhairle: Before the Taoiseach replies, I call Deputy Gormley on the same issue.
Mr. Gormley: It is important that we hear a variety of views on this issue. The Green Party and the Socialist Party might have views on the summit different from those of other parties. If we are to have a proper debate, at least five minutes should be allowed for each of those parties, if that is possible.
The Taoiseach: If any of the members of those parties wish to contribute to the debate they should have a word with the Government and Opposition Whips.
Mr. J. Bruton: We should have proportionality in regard to the allocation of time – the more votes a party gets, the more time it should get.
Mr. Gormley: I agree with that, as long as we get some time to make our views known. That is all we are asking for.
An Leas-Cheann Comhairle: Is the proposal for dealing with No. 34 agreed? Agreed. Is the proposal for dealing with No. 7 agreed? Agreed. Is the proposal for dealing with Private Members' Business agreed? Agreed.
Mr. J. Bruton: In the context of the statements we will have on Europe, I welcome the Government's U-turn on junior hospital doctors' hours. It is surprising the Government took the line it did in Brussels, now that it has agreed—
An Leas-Cheann Comhairle: That is not appropriate to the Order of Business.
Mr. J. Bruton: As a member of the medical profession yourself, a Leas-Cheann Comhairle—
Mrs. O'Rourke: Hardly a junior one.
Dr. Woods: He is used to working around the clock.
An Leas-Cheann Comhairle: There will be a debate—
[171]Mr. J. Bruton: —you have come to the aid of many Members of this House, although they might have been suffering from self-inflicted wounds.
An Leas-Cheann Comhairle: There will be statements on the European summit—
Mr. J. Bruton: I am sure that as someone who was a junior hospital doctor at one stage in his career, you would like to welcome the fact that your political colleagues have seen sense.
Mr. Quinn: When will the legislation to reform the citizenship and nationality legislation, as promised under the Good Friday Agreement, be introduced?
The Taoiseach: It is due shortly this session.
Mr. Gormley: In the light of the fact that the European elections were seen as a barometer of public opinion on the Partnership for Peace and the fact that the Green Party is—
An Leas-Cheann Comhairle: Under Standing Order 26—
Mr. Gormley: Will the Taoiseach introduce legislation for a referendum on Partnership for Peace?
An Leas-Cheann Comhairle: That is not appropriate to the Order of Business.
Mr. Higgins: (Dublin West): In view of the disgraceful attempts to evict people from their homes in Charlemont Street yesterday, as a result of speculators' actions, what legislation does the Taoiseach have in mind to defend the vulnerable in the context of the horrific housing crisis?
An Leas-Cheann Comhairle: It is not appropriate to ask about housing legislation unless it is promised.
Mr. Higgins: (Dublin West): It would be appropriate, in view of the fact that—
An Leas-Cheann Comhairle: It is not appropriate to ask what legislation is proposed. It is appropriate to ask about promised legislation.
Ms McManus: We were promised the Green Paper on abortion would be published in June 1998. We still have not seen it. When will it be published? It is now a year later.
The Taoiseach: The Cabinet sub-committee is dealing with that issue. It will be September before the Green Paper is published.
Mr. Quinn: Is that the same subcommittee which is dealing with the question of the abolition of ground rents?
[172]Mr. J. Bruton: That is a subterranean committee.
Mrs. Owen: It has ground to a halt.
Mr. J. O'Keeffe: The Taoiseach mentioned September but he did not say which year.
Mr. Barrett: When will the full provisions of the Refugee Act come into force? I am sure the Taoiseach, like the rest of us, has been getting numerous representations on this issue.
The Taoiseach: The Minister is to bring forward amendments to that Act.
Mr. Barrett: How are the amendments being brought forward? Will there be a new Bill?
An Leas-Cheann Comhairle: That is not appropriate. I call Deputy Michael Higgins.
Mr. Barrett: It is legislation.
An Leas-Cheann Comhairle: It is not appropriate. Deputy Barrett was allowed a certain amount of latitude to put the question.
The Taoiseach: They are being brought forward under the Immigration Bill.
Mr. M. Higgins: What is the position in regard to the legislation which allowing for representation of parents on vocational education committees? Will those committees now be composed without parent representation or will the composition of the committees wait until after the legislation allowing for parent representation is introduced in this House?
The Taoiseach: The heads of the Bill are being prepared. It is hoped they will be circulated this month. The legislation will be introduced this autumn.
Mrs. Owen: Where is the legislation with regard to work permits for non-EU citizens and asylum seekers? Has that been resolved yet?
Mr. Howlin: No, and it will not be.
The Taoiseach: It is hoped that matter will be dealt with shortly.
Mr. Howlin: Not according to the Minister for Justice, Equality and Law Reform at the meeting of the select committee last week.
Mr. Rabbitte: Has the Government considered the McDowell report? Will legislation be brought forward as a result? Will the Taoiseach permit a debate in the House on the report?
An Leas-Cheann Comhairle: Is legislation promised?
[173]The Taoiseach: Not yet. The report has been presented and it is being discussed by the Department of Enterprise and Employment and the Department of Finance.
An Leas-Cheann Comhairle: I call Deputy Fitzgerald.
An Leas-Cheann Comhairle: I have called Deputy Fitzgerald. We cannot have a debate now.
Mr. Rabbitte: It is the same issue – I am trying to establish if legislation is contemplated.
An Leas-Cheann Comhairle: It is not appropriate to ask about contemplated legislation. Under Standing Order 26, Members are allowed to ask about promised legislation.
Mr. Rabbitte: This legislation is widely anticipated.
Mr. Howlin: And it was promised.
An Leas-Cheann Comhairle: I call Deputy Fitzgerald.
Mr. Rabbitte: I think the Taoiseach would like to reply, Sir.
The Taoiseach: Before the working group was set up, the company law enforcement Bill was to be ready early next year. The McDowell group has completed its work and the implications of its findings are being examined by the two Departments. I am not certain, but I assume that will have an influence on the company law enforcement Bill and might require different legislation. However, that decision has not been made yet.
Ms Fitzgerald: Has the Taoiseach yet received the report from the interdepartmental committee which is examining the implications of the original child care report? Does he plan any legislation in relation to child care?
An Leas-Cheann Comhairle: It is only appropriate to ask about promised legislation.
Mr. Sargent: Will the mental health Bill be published before the summer recess? Has a date been set for that, given how close we are to the recess? Will the Committee Stage be taken over the summer, given the frequent references to its urgency?
The Taoiseach: I have said it will be ready this session. I know there is pressure to proceed with it. I hope it will ready this session but there is some delay with it.
Mr. G. Mitchell: Will the Taoiseach ask the Whips to consider providing time for an urgent [174] debate on proposed changes in the community employment scheme especially as it affects all participants? It would be very welcome to have an opportunity to discuss it before the recess.
An Leas-Cheann Comhairle: It is not appropriate to ask for this on the Order of Business.
Mr. G. Mitchell: I am asking the Taoiseach to ask the Whips to consider this.
An Leas-Cheann Comhairle: It is a matter for the Whips and I suggest the Deputy raises it with the Whips.
Mr. J. Bruton: Is the Government considering proposals to designate additional areas in urban centres such as Dublin for special tax status for development?
The Taoiseach: This is a matter for a parliamentary question, but other than the present designated areas I do not think there are other proposals.
Mr. Howlin: The Minister for Justice, Equality and Law Reform announced at Question Time the imminent publication of the trafficking in illegal immigrants Bill, approved by the Government today, and I should like to know if it is proposed to seek to have that enacted before the end of this session, so that what happened in previous summers at Rosslare port can be averted this year.
The Taoiseach: The Minister would like to do that, if it were possible, but it may not be. It is a matter that he will discuss with the spokespersons.
Mr. M. Higgins: Is the Taoiseach in a position to indicate a publication date for the wildlife amendment Bill?
The Taoiseach: Next week, I hope.
Mr. Rabbitte: Is the Government contemplating legislation on the registration of lobbyists and is the Taoiseach aware that the Labour Party is originating such a Bill in the other House?
An Leas-Cheann Comhairle: It is not promised at this stage. I call Deputy Sargent.
Mr. Rabbitte: The Government is not contemplating it? Sir, I would like to hear from the Taoiseach rather than the Chair, who is in an independent position at present.
An Leas-Cheann Comhairle: I have called Deputy Sargent. It is not appropriate, Deputy Rabbitte, to ask about legislation unless it has been promised. We would be here until midnight if everybody were to ask about legislation that is not promised.
[175]Mr. Rabbitte: Is the Government contemplating any legislation on the registration of lobbyists?
An Leas-Cheann Comhairle: That is not an appropriate question for the Order of Business.
An Leas-Cheann Comhairle: Under Standing Order 26 it is appropriate to ask about legislation that has been promised, but it is not appropriate to ask whether the Government will offer legislation. I have called Deputy Sargent.
Mr. Sargent: In the interests of promised legislation, will the Taoiseach indicate the problem with the mental health Bill, given that it had been promised to take it before the summer recess?
An Leas-Cheann Comhairle: Next I will hear questions on when the bad weather will come.
Mr. Higgins: (Mayo): I understand that at today's meeting the Government approved legislation to make arrangements for pension payments to the retired Supreme Court and High Court judges and the court registrar. Is it anticipated that this legislation will be published and be brought before both Houses before the summer recess?
Mr. Quinn: Did they find the file?
The Taoiseach: That is the intention.
Mr. Howlin: Does a file on this matter now exist in the Department of Justice, Equality and Law Reform?
Mr. Sheehan: Will the Taoiseach explain the delay in the introduction of the new liquor licensing laws? We are the laughing stock of western Europe because our bars close at 2 p.m. on Sundays, a time when they can serve food to the nation.
The Taoiseach: We will be able shortly to resolve Deputy Sheehan's problem about eating and drinking between 2 and 4 p.m. on Sundays.
Minister of State at the Department of the Taoiseach (Mr. S. Brennan): I move:
That, notwithstanding anything in the Resolution of the Dáil of 26th June, 1997, setting out the rota in which Questions to members of the Government are to be asked, Questions for oral answer, following those next set down to the Minister for the Marine and Natural Resources, shall be set down to Ministers in the following temporary sequence: Minister for Finance, Minister for Public Enterprise, Mini[176] ster for Defence, Minister for Agriculture and Food, Minister for Foreign Affairs whereupon the sequence established by the Resolution of 26th June, 1997, shall continue with Questions to the Minister for Health and Children.”
An Leas-Cheann Comhairle: The Select Committee on Justice, Equality and Women's Rights has completed its consideration of the following Estimates for the service of the year ending on 31st day of December 1999: Votes 19, 20, 21, 22, 23, 24, 36 and 37.
The Taoiseach: I attended the European Council in Cologne on 3 and 4 June, together with the Minister for Foreign Affairs, Deputy Andrews, and the Minister for Finance, Deputy McCreevy. This was the fourth time that EU Leaders had met during the German Presidency. Following the conclusion of the Agenda 2000 negotiations in Berlin in March, this meeting afforded leaders the opportunity to concentrate on issues of future concern to the Union. In that respect we reached agreement on a number of matters which I am confident will have far-reaching benefits for the Union. Clearly, however, in addition to these issues the Summit concentrated on the resolution of the situation in Kosovo.
I would like to begin by outlining the format of the Council. It began on 3 June, with a meeting with the President of the European Parliament, Mr. Gils Robles, where there was a useful exchange of views on the important role which the European Parliament will now be playing given its extended powers under the Amsterdam Treaty. A detailed discussion on European Security and Defence Policy formed the bulk of the first working session which followed. The Common Strategy for Russia, Reform of the Commission, East Timor and relations with Turkey and Ukraine were also discussed.
Issues such as the European Employment Pact, Institutional Reform and the next Intergovernmental Conference and the proposed Charter of Fundamental Rights were examined on Thursday afternoon. The Council was joined that evening by the Finnish President Athisaari following his peace talks, along with Mr. Chernomyrdin, with President Milosevic in Belgrade. Discussion then focused on Kosovo and the Balkan region. On Friday morning, as is usual, leaders focused on the draft Council conclusions.
As expected, a major part of discussion at the European Council focused on the situation in Kosovo, in particular, the progress which was taking place while the summit was in session towards agreement by the Yugoslav authorities of the latest peace plan. Throughout this continuing crisis, [177] the EU has played a very important and crucial role in the search for peace. This is reflected in the Declaration on Kosovo agreed by the leaders at Cologne. The Declaration endorsed the details of the peace plan and reinforced the need for a verifiable withdrawal of all Yugoslav forces from Kosovo as the first stage to achieving a political settlement. In addition, the Declaration highlighted the urgent need for the adoption of a UN Security Council resolution on this matter. This is the approach which had been advocated by Ireland and which has now successfully been put into place with the adoption by the Security Council of its resolution last Thursday. This could not have been achieved without the co-operation of Russia and China. Of course, continued co-operation from all concerned on the ground will be essential for the achievement of long-term peace. It is particularly heartening to reflect however that a small country, such as Finland, which is not a member of an alliance, made such a valuablev contribution to this process; and it is a pointer to the continuing role that such countries can play in the Union's Common Foreign and Security Policy. It underlines the very positive contribution to European peace and stability which neutral and non-allied states can make.
In addition, while the search for a peaceful resolution to the conflict in Kosovo was and remains of paramount importance, the Council also considered the equally important issues of the position of the Kosovar refugees and the reconstruction of Kosovo and the wider Balkans region. In this respect, the meeting reaffirmed the willingness of the European Union to continue to do its utmost to support the countries of the Western Balkan region and humanitarian aid organisations in fulfilling their important humanitarian mission. As far as Ireland is concerned, we will make a full contribution, both to the longer-term peace-keeping that may be required and to reconstruction.
As regards the reconstruction of Kosovo, I view as a very positive step, the Council's indication of the European Union's willingness to head any transitional administration that will need to be established in the framework of the political solution. In particular, on the issue of reconstruction assistance, the Council invited the European Commission to bring forward proposals before the end of this month aimed at creating an agency to be charged with implementation of community reconstruction programmes. It is hoped that the agency can become operational before the end of the summer. I believe this is the very latest date that the agency should be operational and we will push for its earliest possible establishment.
On the issue of the reconstruction of the wider region, the European Council endorsed the progress made towards the Stability Pact for south-eastern Europe. The text of the pact was agreed by all participants at the special ministerial conference last Thursday. The aim of the Stability [178] Pact will be to enhance peace, stability and prosperity in the countries of the region, and perhaps more importantly, co-operation between those countries and peoples. The first step in this process will be the organisation of a donors conference for south-eastern Europe.
The participation of the Federal Republic of Yugoslavia in the pact will be possible following the political settlement of the conflict in Kosovo and taking into account the need for respect by all participants for the principles and objectives of the pact. The European Council also made a very significant gesture towards the countries of the region by indicating that they would be offered the prospect of full integration into the structures of the European Union perhaps through some new form of association, provided they meet the accession criteria.
An issue, as the House will be aware, that was current while the Council was taking place was the question of Ireland's European Championship football qualification match with Yugoslavia.
I was disappointed that UEFA refused to withdraw sanction for the match and ultimately placed the Government in a position whereby the withdrawal of visas for players was the only option available to us. I was very encouraged that the German Chancellor, Herr Schröder, telephoned UEFA to confirm the EU position in connection with sports events with Yugoslavia on the evening prior to the summit. The approach adopted by Ireland towards this match was further endorsed by the European Council. The Council confirmed the position of the European Union in connection with sports events with the Federal Republic of Yugoslavia and undertook to re-examine this matter after a UN security resolution was adopted.
The conflict in Kosovo has once again demonstrated the political imperative for the development of closer ties between the European Union and its neighbours. In this respect, an important development at the Council was the adoption of the Common Strategy for Russia, the first such common strategy to be adopted under the Amsterdam Treaty. A shared concern amongst many partners was the need for the common strategy to represent real added value to existing Union instruments with regard to Russia. Accordingly, the areas of action of the common strategy will include measures to consolidate democracy and strengthen the rule of law and public institutions in Russia; the integration of Russia into the European and world economy; co-operation to strengthen stability and security in Europe; and, importantly, co-operation concerning energy, nuclear safety, environment, health and the fight against crime and drugs.
The adoption of the common strategy is timely, as it enables the EU to play its part in supporting the forces of democracy and economic reform at this politically fragile time in Russia. I also make the point that, in spite of the recent political upheaval in Russia, it is most significant that the changes were achieved entirely within the constitutional process. This reflects a developing politi[179] cal maturity and a consolidation of democracy, although clearly significant problems remain. As regards Ukraine, I support very strongly the need to do everything possible to effect the decommissioning of the Chernobyl nuclear power plant next year.
I know from my contacts with them that some of the enlargement countries are concerned that the Union's concentration on their accession efforts has been lessened due to the Agenda 2000 negotiations in the earlier part of the year and the subsequent situation in Kosovo. In this respect, it was important that the European Council took the opportunity to reflect on the accession negotiations with the candidate countries. What was required by these countries was a reiteration by the Council that the European Union remains positively committed to the enlargement process. In the event, a positive message was sent to these countries. While the Council noted that negotiations were continuing to progress well with Poland, Hungary, the Czech Republic, Slovenia, Estonia and Cyprus, it was significant that a commitment was given to open negotiations in all remaining areas covered by the aquis as early as possible next year.
The Helsinki European Council in December will examine the progress made by the accession candidates. It is crucial that the momentum towards enlargement be maintained for stability in Europe. In this respect, it is important not to discourage the other applicants: Latvia, Lithuania, Slovakia, Romania, Bulgaria and Malta with whom formal negotiations are not yet under way but who are engaged in the screening process. I was encouraged that the Council asked that the next progress report from the Commission outline the prospects for opening negotiations with these countries. I hope that developments in the interim will make it possible to adopt a more positive approach towards Turkey at that time.
An issue of key interest to Ireland at the Council was the Declaration on Strengthening the Common European Policy on Security and Defence. This is a matter to which the Minister Deputy Andrews will return in more detail in his concluding remarks.
I take this opportunity to compliment the Minister on his very active involvement in this issue at the General Affairs Council – ensuring that the outcome was acceptable to Ireland and our fellow neutral partners.
The declaration agreed at Cologne reflects a common analysis among EU member states of the objectives we seek on the basis of the Amsterdam Treaty and how best to achieve these. The Finnish Presidency was invited by the European Council to take the matter forward and submit a progress report to the Helsinki European Council.
The Irish position on this matter has been and will continue to be that the European Union must be able to work for peace, stability and security in Europe. The key to this is peacekeeping and [180] crisis management within the context of the Petersberg Tasks. All 15 member states can play an active role which is in keeping with their own traditions and capabilities. The declaration on this issue takes account of the views and positions of all four non-NATO EU member states. Indeed, we maintained very close contact with the other non-NATO member states during the drafting of the declaration to ensure that our views would be reflected.
It is agreed within the EU that individual countries have the right to participate or not participate in a particular mission. There is not a commitment to mutual defence in the Cologne conclusions, and this is consistent with Ireland's traditional approach.
In view of these developments, which were anticipated, it is important that we should now proceed with participation in Partnership for Peace, which has been debated in the run-up to the European elections, so we are on an equal footing with the other non-NATO countries within the Union. Participation in Partnership for Peace will ensure that we can be fully involved in European peacekeeping tasks, including their preparation and planning, where NATO has been given the leading role.
The summit also approved Mr. Javier Solana for the new post of Secretary General of the Council and High Representative for CFSP. Mr. Pierre de Boissieu was appointed as Deputy Secretary General.
The summit discussed the scope, preparations and timetable for the next Intergovernmental Conference – Intergovernmental Conference. In this context, the Council agreed to convene an Intergovernmental Conference early in 2000 to resolve the institutional issues left over from Amsterdam that need to be settled before enlargement begins. The process is scheduled to conclude by the end of next year. It was agreed that it would cover the following issues: the size and composition of the Commission; the weighting of votes in the Council; the possible extension of qualified majority voting – QMV – in the Council; and other closely related issues could also be discussed.
To take this matter forward, the Finnish Presidency will now draw up a report for the Helsinki Summit setting out options in regard to the issues that might be addressed in the next Intergovernmental Conference. Our preference has been and still is that the Intergovernmental Conference should not be too ambitious. We do not support any broad examination of extending QMV. However, the overall agreement reached on the approach to the Intergovernmental Conference is broadly acceptable to us.
I pointed out during our discussion of this item, that while QMV might aid efficiency, it did not guarantee equity as demonstrated by the proposals before the Fisheries Council last week which, as things stood, could have commanded a qualified majority for approval.
I am pleased to note, however, that, due to [181] tough negotiating by the Minister for the Marine and Natural Resources, Deputy Woods, the proposals finally adopted allow Ireland a catch of 24,000 tonnes per annum. I record my thanks to the Minister.
A particular issue on which the German Presidency has placed a strong emphasis is the proposed EU Charter of Fundamental Rights. The aim of the charter is to highlight the importance of protecting the fundamental rights of the Union's citizens. The European Council agreed to take this issue forward by establishing a body of representatives of the Heads of State and Governments, the President of the Commission, and also members of the European Parliament and national parliaments to examine this matter. The proposed approach to progress will be outlined at the extraordinary meeting of the European Council in Tampere on 15 and 16 October this year. The overall aim is to present a charter for adoption at the European Council in December 2000 during the French Presidency of the Union. As regards the status of the charter, once it is finalised, I believe that in the medium term it should be a political declaration enabling the Union to re-affirm its human rights obligations to its citizens. The charter should not, for the foreseeable future, be integrated into the Treaties of the Union, given the very many other institutional issues which need to be addressed before enlargement and the many protections which the Treaties and UN and other conventions bestow on the Union's citizens.
I will attend a special meeting of the European Council on 15 and 16 October in Tampere, Finland. The Council will evaluate progress achieved and give further direction to the actions of the EU in the areas of justice and home affairs. The special meeting will provide an opportunity to show citizens that EU co-operation can addresses issues of real day to day concern to them, such as the fight against crime and drugs. I hope to see progress at the special European Council on EU co-operation in combating organised crime. The Council will also provide an important opportunity to take stock of the situation following the significant institutional changes introduced by the Treaty of Amsterdam in the areas of justice and home affairs.
The summit was also attended by Commission President-Designate Prodi, who discussed with the HOSG the future work and required reforms of the Commission. Mr. Prodi outlined his views on Commissioners and portfolios; on an increased role for the President's spokesperson; and on reform of the Commission services. As regards the composition of the Commission portfolios, he indicated that each portfolio in the new Commission will carry with it a significant area of work. As the House will generally be aware, Mr. Prodi hopes to finalise his list of future Commissioners by mid-July. He plans to finalise portfolios first and then to offer each Commissioner a specific portfolio. Mr. Prodi has proposed that each member of the future Commission will be [182] asked to accept that they will resign should the President feel obliged to ask them to do so. Through this undertaking, the individual accountability of each Commissioner will be guaranteed, while at the same time maintaining the collective responsibility of the Commission college.
On the specific issue of reform of the Commission Services, Mr. Prodi intends to clarify the roles of Cabinets and Commission Services. In this way he hopes to facilitate a better balance between the Cabinets and the services. In order to achieve an enhanced interface, Commissioners and their Cabinets will in future be housed in the same building as the relevant Commission Services. In addition, Mr. Prodi intends to allow for greater internal mobility of senior officials in the Commission in the future.
Ireland strongly supports the reforms necessary for the modernisation and improvement of the Commission's organisation, management and financial control. However, the Commission is and must remain the engine of the Union. It must be properly resourced for those tasks it has already been assigned and for any new tasks it is asked to undertake. The Commission's central role in balancing the interests of member states, especially large and small member states, should not be diminished.
The promotion of economic growth and the creation of jobs at EU level remains a particular priority for all member states. In this context, the summit agreed on the European Employment Pact. The pact is concerned with developing a new macro-economic dialogue between the social partners, fiscal and employment policy makers, and monetary policy makers. In order to achieve this goal, the pact provides for twice yearly meetings between the relevant Ministers – Finance and Social Affairs – the social partners, and the European Central Bank.
The pact takes account of three objectives in order to promote a strong non-inflationary and job creating growth: greater co-ordination between wage developments, fiscal policy and monetary policy; enhanced implementation of the employment strategy agreed at Luxembourg; and improvements in the competitiveness and functioning of the markets for goods, services and capital in accordance with the Cardiff process.
While the European Council Conclusions do not of themselves create jobs, the pact is to be welcomed from an Irish point of view. Indeed, most of the goals which it sets are already underpinning the ongoing economic and social policy objectives pursued in this country, especially in the context of social partnership. I am very supportive of the more important role outlined for social partners at EU level. This should ensure maximum consensus about what needs to be done and how we should go about doing it.
In terms of job creation at an EU level, there is a continuing need to examine the approaches adopted by those countries with which the Union competes. In this respect, the EU needs to ensure [183] a job creation structure that is flexible and avoids excessive regulation.
I was pleased the meeting took the opportunity to recognise that the jobs of the future will be created by innovation and active involvement in the information society. In particular, leaders called for all schools to be given access to the lnternet as soon as possible and for improved policy co-ordination to ensure the creation of a favourable environment to develop Europe's leading position in e-commerce. This approach is to be welcomed and I am confident that we in Ireland will continue to make progress towards achieving these aims. I took the opportunity at the summit to highlight the gap between Europe and the United States, especially in terms of preparedness for the information society.
I look forward to participating in the Special European Council on Employment, Economic Reform, and Social Cohesion which is taking place in Lisbon next March. The European Council also considered the broad guidelines for economic policies in the member states and recommended their adoption to ECOFIN. The guidelines identify a co-ordinated mix of macroeconomic policies in the context of the stability and growth pact, and wide-ranging liberalisation of product, capital and labour markets as key elements to boost competitiveness so as to increase economic and employment growth.
The Council also noted the second report from ECOFIN on tax policy co-operation, which sets out progress on tax issues such as the code of conduct on business tax and invited a third report bringing the discussions on these tax issues to a conclusion for Helsinki. Energy tax is one of the issues covered in the ECOFIN report. Ireland has not been supporting Commission proposals for higher taxes on energy because of the possible effects on competitiveness and price stability. We will, however, need to consider what measures are required in order to achieve the commitments on emissions which we undertook at Kyoto.
The issue of the continuation of the current duty free regime beyond the end of June was again discussed by leaders at the summit. Unfortunately, the outcome was very disappointing, despite the support of the larger EU countries. Once again I took the opportunity to strongly support the extension of the duty free regime and drew attention to the difficulties which would be caused by the decision to bring it to an end. I joined with France, Germany and the UK in this regard. However, our efforts to secure an extension of the current regime met with resistance from other member states, especially Denmark. As the House will be aware, a decision to reverse abolition would have required unanimity.
I met with Prime Minister Blair on the evening of Wednesday, 2 June in Cologne. In addition to matters related to Northern Ireland, we discussed many of the issues on the agenda for the Council, including aspects of the Kosovo situation and duty free.
[184] In preparation for the Cologne Council and to co-ordinate EU business more generally, I established a Cabinet committee which I also chair. Its core members are the Tánaiste, the Minister for Finance and the Minister for Foreign Affairs. In addition, the Attorney General and other Ministers attend, as appropriate, on particular issues. This forum will allow for the required focus to be given to the important issues which are arising on the EU agenda. Its first meeting took place in preparation for the summit. A preparatory meeting of officials, chaired by my Department, was also held in advance of the Cabinet committee's meeting. My Department maintains close contact with all relevant Departments on key EU related matters. I also met with officials to pursue particular issues on the Cologne agenda in detail.
I would like to once again commend the German Presidency for hosting a very successful summit and more generally on the success of its Presidency. The past six months have seen advances on many key items on the EU's agenda such as agreement on the Agenda 2000 package and also on the next Intergovernmental Conference.
In advance of the German Presidency some commentators had questioned the ability of what was at the time a relatively new administration, and in addition one which had no direct experience of handling a Presidency, to advance and reach agreement on the issues on the EU agenda. The progress which we have seen across the range of issues has certainly refuted those suggestions. In particular, the Kosovo crisis called for an immediate response from the Union and the German Presidency successfully guided the Union's contribution while maintaining a consensus on the approach among all partners, a not inconsiderable task. The role of Finnish President Ahtisaari and the incoming Presidency were also highly commendable.
Mr. J. Bruton: The state of public opinion in Ireland has moved from one of euro enthusiasm, while the money was coming in, to euro doubt, now that we are on the way to becoming net contributors. We should be very worried about this because euro doubt is an attitude that will weaken our influence in Europe and prevent us from being as effective as we ought to be. That there was a low turn-out in the European elections is a cause for concern, and it would have been much lower if the local elections were not taking place on the same day.
It is important to understand why euro doubt is growing. I believe it is growing because people see no connection between the way they vote in a European election and what happens in Europe in the subsequent five years. Obviously in a Dáil election or even in a county council election people see a connection between the way they vote and what happens subsequently. If they vote for a party and it is able to form a coalition, that party becomes the Government in place of whatever party was in Government before a Dáil election, but the way people vote in a European elec[185] tion seems to change nothing. The problem is not that we do not have democracy in Europe because all the people who make the key decisions in Europe are elected by somebody, but there is no connection between what people vote for and what happens. Probably the most eloquent demonstration of this will be found in the composition of the new Commission.
We will have a Commission composed predominantly of socialists, even though the people of Europe, in the European elections last weekend, voted in a majority for non-socialist parties. There is nothing wrong with that in one sense because it is democratic. The reason we will have a Commission composed of socialists is that when people voted in national elections they voted for socialists but when they voted in European elections they did not vote for socialists. The election that should have influenced the composition of the European Executive, that is, the European election, does not influence it whereas the elections that were designed for some entirely different purpose, forming a national Government, do influence it. I do not make that point because I am vice-president of the European People's Party, which is now the largest party in the Parliament – the boot could easily be on the other foot. I make the point because there is a lack of synergy in the way the Commission is selected.
I have long believed that the Commission should be elected by the Parliament from among the majority in the Parliament in the same way as the Government of Ireland is elected from among the majority in the Dáil after a general election. In that way there would be a direct connection between what happens in Europe, what initiatives are put forward in Europe and what way people vote. That would get rid of euro doubt because people would feel they are participants in European decision making directly in the same way as they are participants in national decision making through Dáil elections. There will be a problem as long as there exists dissonance between the way people vote in European elections and who forms the government of Europe. This problem probably will be brought to a head quickly because I do not foresee an easy passage for the Prodi Commission in the parliament given the background of the dismissal of the Santer Commission. The time is rapidly approaching when the institutional changes will be made in Europe to allow the parliament to select the European Commission, but to give the President of the Commission the same right to dissolve the parliament and call an election as the Taoiseach enjoys in Ireland to ensure that the parliament does not go beyond its remit.
Regarding defence, the Taoiseach complimented the Minister for Foreign Affairs on his success in ensuring that the outcome was acceptable to Ireland and our fellow neutral partners. What is the Taoiseach's definition of neutral? How does he establish Ireland's neutrality, bear[186] ing in mind that he agreed to the following statement in the European Council declaration?
We intend to give the European Union the necessary means and capabilities to assume its responsibility regarding a common European policy on security and defence.
A further statement to which the Taoiseach agreed is the following:
We are convinced that to fully assume its tasks in the field of conflict prevention and crisis management, the European Union must have at its disposal the appropriate capabilities and instruments. We, therefore, commit ourselves to further develop more effective European military capabilities.
The Taoiseach also agreed to the following statement:
We welcome the results of the NATO Washington summit as regards NATO support for the process launched by the EU and its confirmation that a more effective role for the European Union in conflict prevention and crisis management will contribute to the vitality of a renewed alliance.
Regarding the guiding principles of the common foreign and security policy, the declaration continues:
The aim is to strengthen the CFSP by the development of a common European policy on security and defence. This requires a capacity for autonomous action backed up by credible military capabilities.
The Taoiseach also agreed to the following statement: “The Atlantic Alliance remains the foundation of the collective defence of its members.”
I do not believe that agreeing to those statements means that Ireland continues to be politically neutral. It is dishonest to state that Ireland is politically neutral when we agreed to those statements. The Government has a problem because it is pretending to pursue one policy when it is pursuing another. Common European defence is necessary and morally right. However, I do not believe it is morally right that issues concerning the defence of Europe should be made by NATO generals. The problem with NATO is that it is a military rather than a political organisation.
The selection of targets during the recent war against Yugoslavia was not made by politicians but by air force commanders who did not even consult the generals. For example, the air force commanders decided to knock out the entire central heating system of Belgrade. This means that perhaps thousands of people will freeze to death in Belgrade next winter. This was a decision with political ramifications but no politician in Europe was consulted about the decision to destroy the heating system in Belgrade, an objective which had no military value whatsoever unless it was expected that the war would continue until next [187] winter and NATO would freeze the Yugoslavs into submission.
The central heating system is of no relevance until next November so why did NATO make that decision? I do not know the answer, and I do not believe that generals or air force commanders are the right people to make that type of decision. European politicians should make decisions of that nature. The only way that can happen is if European politicians are willing to have a common defence policy. As long as there is no common defence policy, NATO generals and air force commanders will make those decisions and that is morally wrong.
We have been able to pursue the notion – it is a notion rather than an actuality – of neutrality because Ireland is an island and Britain defends the two islands for its own strategic reasons. It would not want Ireland to be taken over by a hostile power. Another factor is that Ireland is more difficult to attack because it is an island. However, modern weaponry does not respect short spaces of sea. NATO showed what it could do in Yugoslavia although there was no NATO country anywhere near it. The nearest NATO country was Italy and yet it almost destroyed Yugoslavia. The idea that a country can do without defence just because it is an island is not realistic in terms of modern warfare.
The Taoiseach's argument for neutrality hinges on the following phrase contained in the declaration: “The policy of the Union shall not prejudice the specific character of the security and defence policy of certain member states.” I already asked the Taoiseach to outline his definition of neutral, given the statements to which he agreed. The other issue is his interpretation of the word “prejudice”. In my view, prejudice means “prejudge”. It does not mean that we will keep the same character forever or that our security and defence policy will not change. It means that no decision prejudges the decision we might make. If that is what it means, it should be stated.
The Taoiseach should say that there is the possibility that our security and defence policy could change, but it is not prejudiced. However, sometimes that sentence is presented as if it meant that there never will be any change in our policy and Ireland will always be neutral. If that is the meaning which is attempted to be attached to it, it is dishonest because it is not sustainable. We are dealing with a very intelligent electorate and it is much better to be honest and upfront about what we are doing. Before the general election the Fianna Fáil Party said it would hold a referendum on the Partnership for Peace but, after it took office, it said that there would not be a referendum and the European election would in some way act as a surrogate referendum. However, the European election had nothing to do with the Partnership for Peace. This is the type of dishonesty and evasion which brings politics into disrepute.
I agree with what the Taoiseach was trying to [188] achieve. I agree Ireland should join the Partnership for Peace. However, we should be upfront about it. I do not believe the Partnership for Peace involves military commitment of any kind and, therefore, that a referendum is necessary or justified. However, we should participate in European defence and when we decide to do so, a referendum should then be held. The type of prevarication and fudge we have had on this issue is not helpful. If we are honest with people about this matter, they will come on board and accept it is unrealistic to cut ourselves off and for Ireland to be the only neutral country in a union where all the other members are committed to a common defence policy.
Another issue concerns the following statement in the communiqué:
The European Council reaffirms the willingness of the Union and its members to continue to do their utmost to support the countries in the Balkans and to give humanitarian aid to them.
The EU did not state that humanitarian aid would only be given to Yugoslavia if its people got rid of President Milosevic; that was said by Mr. Blair and Mr. Clinton. If NATO, Britain and the US are going to decide who should be the President of another country, as a condition for repairing damage they have done, that effectively abolishes the sovereignty of Yugoslavia. If it is to be decided in Washington who should or should not be the Yugoslav President, it means the end of the sovereignty of individual states.
It is said that the war in Yugoslavia was the first humanitarian war. That is a fine phrase but it means the sovereignty of states is being set aside for a humanitarian purpose. The problem is that we are entering into an area of great uncertainty. Once we move away from the certainty of the sovereignty of states, and the acceptance that one does not interfere in another state without a UN resolution to that effect, we enter uncharted territory. There are no norms or precedents as to what justifies a humanitarian war in one circumstance and not in another.
One of the most important elements in avoiding war is certainty about the likely behaviour of one's opponents; most wars are caused by miscalculation of the intentions of others. At least in the past, where war was concerned, there was respect for the sovereignty of nations and where that was breached, there was a declaration of war. In the case of Yugoslavia, the sovereignty of nations was set aside without a UN resolution and there was no declaration of war. We are now in an extremely grey area as to the circumstances in which war will and will not be waged. War was not waged over East Timor but it was waged over Kosovo. It is important that clear rules are established quickly to govern humanitarian wars, which appear to be the pattern for the future.
It is also important to be honest about what happened. This war was launched to avoid a humanitarian catastrophe yet it is fair to say that [189] it led to one. It is not easy to say that because “Slobbo”, to use The Sun's sophisticated political description, is a deplorable person. The result of the humanitarian war was 1.2 million refugees and will be people freezing to death in Belgrade, a huge reconstruction task in Yugoslavia and NATO troops in Kosovo probably for as long as UN troops have been in Cyprus – I do not expect to see troops out of Kosovo this side of 2030. That is a huge commitment.
It is also clear that the KLA will not disarm. The war started as NATO versus the Serbs and the alliance will probably have to confront the KLA next. The next conflict will involve NATO troops being used to bring Serbs back into Kosovo to preserve the idea that Yugoslav sovereignty is not being abolished. NATO, which will be making these decisions, has no political leadership. We need European defence arrangements soon so that we can have political direction, rather than have Americans and generals deciding peace and war in Europe. I have great admiration for Americans but they are too far away to make these decisions. I hope the House will come around to accepting European defence.
I would be grateful if I could have another five minutes, with the agreement of the House.
An Ceann Comhairle: The debate must conclude at 5.45 p.m. and if the Deputy gets more time someone will have to lose it.
Mr. J. Bruton: Could we extend the debate for five minutes?
An Ceann Comhairle: It is an order of the House.
Mr. J. Bruton: I understand that. I welcome the declaration on Third World debt. Multinational companies should contribute to reducing the debt of the poorest countries. The biggest multinational companies are bigger than medium-sized states and it is wrong that Governments alone should have to contribute.
There is too much British induced criticism of the euro. The currency is working quite well. The conjunction of the euro and the Internet – that is, a single currency across Europe and the possibility of electronic commerce – could not have been more felicitous for developing competition in Europe. However, I regret that the declaration on employment makes no reference to competitiveness. One cannot create jobs unless they are competitive and this declaration was one-sided, with emphasis on targets for job creation and nothing about competitiveness. Finally, we should have a European criminal assets bureau.
Mr. Quinn: The Cologne summit, although not touted as such in advance, will probably be remembered as one of the most significant in recent history. The backdrop of the ongoing war in Kosovo proved a stimulant to the EU to significantly advance co-operation between member [190] states in the development of a common EU foreign policy and defence position. I have stated elsewhere the Labour Party's view that we need to engage fully in this debate. It does not mean a change in our traditional values but it could have considerable implications for how we choose to pursue them.
The European Union's political clout has always fallen short of the economic burden it bears. This scenario is likely to repeated again in the case of Kosovo where, despite being party to the military campaign that has left Kosovo and Yugoslavia in ruins, the United States is refusing to invest in the regeneration of the region. The EU has an unparalleled record in defusing national tensions between countries by fostering political and economic co-operation, a record others could learn from and which the EU should promulgate.
The ending of the armed conflict over Kosovo has been a matter of great relief to people all over Europe. We all owe a huge debt of gratitude to the German Presidency and the EU envoy, Finnish President, Maarti Ahtisaari, for the enormous skill and diplomacy he showed in helping to broker an agreement. There is also a political lesson to be drawn from the active role played by the Finns, namely, that being outside military blocs does not mean one has no role to play. Like Ireland, Finland is a militarily neutral country and is not a member of NATO but, unlike Ireland, Finland declined to be simply a spectator at the biggest military conflict Europe has seen since the end of World War II and was determined to play an active role in bringing the war to an end. There is no reason Ireland could not have played a similarly active role in trying to find a solution.
The agreement brokered by President Ahtisaari was a remarkable achievement but the situation remains fraught. The presence within Kosovo of troops from both NATO and Russia presents its own problems, which could deteriorate into conflict unless restraint and good judgment is shown by all sides. The reports this morning that the Russian military establishment is acting independently of the Foreign Ministry are a particular cause for concern.
The withdrawal of Serbian forces is well under way and must be completed as early as possible but there are likely to be other problems. Returning Kosovar Albanians will be understandably angry and bitter at the treatment they received, particularly in light of the emerging evidence of mass graves, but Serbs who remained in Kosovo must be protected from revenge attacks. This is a crucial point. Ethnic cleansing replaced by ethnic cleansing is a further defeat for civilisation and decent values. KFOR must play an active role in protecting these people from indiscriminate attacks. Priority must now be given to creating the conditions which will allow those driven from Kosovo to return to their homes at the earliest possible date. This will require not just the early withdrawal of Serbian forces but a [191] massive programme of reconstruction to restore housing and infrastructure after more than two months of bombing and fighting. The EU will have to play a major role in the process of reconstruction in Kosovo and Serbia, and Ireland should be willing to make a major contribution to the reconstruction effort. As I said, Europe should, however, seek influence commensurate with its financial support and in this case seek to maximise both. The Government appears to have adopted the position that Ireland's involvement in the developing common foreign and security policy should go no further than it laid out in the Amsterdam Treaty, a position with which I agree. It is critically important that Irish Governments adhere absolutely to the nature of the explicit mandates given to them by the Irish people when they accept EU treaty reform in referenda. Governments, however, have an obligation to lead debates as well. What has happened in Kosovo and the Balkans in the past decade should shake the complacency that 50 years of peace in Europe has generated. Europeans – I mean Europeans – remain capable of the same acts of barbarity committed 50 years ago. Security and peace enforcement remain crucial issues out of which Ireland should not opt.
This Government's refusal to express its hopes and aspirations about Europe's future development and its view that its only role in Europe is to defend Irish economic interests are absolutely clear by now. This view, adopted by most previous Irish Governments, with the exception of the rainbow coalition, is an anachronism and represents selling Ireland and its people short.
Mr. Quinn: The rainbow Government led the debate for the inclusion in the Amsterdam Treaty of chapters on social inclusion and employment, yet these chapters are of a limited nature and need to be developed. There appears to be little chance, however, that a party like Fianna Fáil, which agrees with a statement that “creating jobs is largely a matter for business; Government and the EU must get off their backs” is likely to lead the debate on this issue either.
Europe is changing. There should be no doubt that the change in direction agreed at Amsterdam is as significant in identifying who will be part of the inner circle in Europe as prospective membership of the single currency was five years ago, and it appears the Government has hardly a view on this issue. In the run-up to the European elections, I called for the debate on the next tranche of treaty reform to be broadened far beyond the issue of enlargement. I argued that unless Europe had the capacity to assist member states on issues which directly affected the people, it would continue to be perceived as remote and to some extent irrelevant. The Integra programme which assists drug addicts in returning to employment is a classic example of Europe leading the way in [192] an approach to the drugs problem that is long overdue here.
For too long Europe's citizens have been treated as economic agents, mere cogs in the creation of a single market, rather than citizens in the proper sense of the word. I argued too that greater democratic accountability of the European Commission to the Parliament and other democratic changes agreed at Amsterdam must represent only the start and not the end of that process.
On these matters, as on others, the Government is silent. Europe is evolving and our Government effectively acts as a bystander. If the Government is interested in taking part in the debate about Ireland's role in the CFSP or if it is interested at any stage in seeking to influence the evolution of such a policy, it has got off to a bad start. The appointment of Javier Solana, the Secretary General of NATO, as the co-ordinator of the Common Foreign and Security Policy or “Mr. CFSP”, as he is called, is a mistake and even conflicts with the stated intent of the St Malo and Toulouse declarations. The development of an independent foreign policy position and possibly military capacity for the EU means being independent of NATO if it is to mean anything at all. The appointment of the current Secretary General of NATO to the CFSP position is almost defeating the point.
My support for Ireland's greater involvement in developing a European common foreign and security policy is conditional. I want it to reflect the best of the European experience in the past 50 years, not the divisiveness of the Cold War. I remain opposed to the arms trade and dependence on nuclear weapons, but I am also a realist. Ireland works with NATO countries regularly within the EU and our troops serve with theirs as members of SFOR in Bosnia. Unlike others, I am prepared to engage and debate and not to seek splendid isolation. I argued at a meeting of socialist leaders on the eve of the summit against the immediate appointment of Mr. Solana and received some support for my position from other traditionally non-aligned nations. There was an indication too that even NATO member states accepted the point I was making but that urgency was the essence and that Mr. Solana was the only candidate available.
I expected, however, that the Government might raise the same issue at the summit proper, but it appears the Government accepted his appointment without saying a word. Perhaps the Minister for Foreign Affairs can put on the record the Government's position on this matter. Unfortunately, as I have already stated, this acquiescence is typical of a Government that seems to believe Europe's evolution is something at which it is a spectator rather than an active participant.
We can no longer stand disengaged in the face of what has taken place in the Balkans in the past ten years. Neither will we be able to pretend the insecurity in Russia or its former republics have [193] no implications for us. It is this insecurity, and the fear it generates in eastern Europe in particular, that is driving countries like Hungary, Poland, the Czech Republic and Romania into NATO.
Our responsibility, and that of Europe, is a moral one, and on this I agree with Deputy Bruton. If the truth be told, individual meddling by individual European nations contributed to the early problems in the Balkans. Perhaps the most outrageous decision of all was the premature recognition by Germany of the breakup of the Yugoslavia federation by encouraging Croatia to go for independence. In the early debates on whether Ireland should join the single currency, I expressed the view that given that interest rates were largely being determined internationally, it would be better to have an input at the larger table than accept its results. Unfortunately, this Government failed again to secure high level representation in the Bundesbank, but nonetheless the same point applies here.
On a related but different issue, the strong support from the Presidency for the position taken by the Government in respect of the Ireland versus Yugoslavia football game is welcome. Some more sensitive members of the Government have accused me of being over critical of the Taoiseach. I make no apology for holding to account the Taoiseach and the Government; after all, it is what we are supposed to do in this House. However, I also praise them when it is appropriate and the decision in respect of this issue is a case in point. I publicly praised then, and do so again this evening, the action taken by the Government on this issue.
I raised this issue with Mr. Schröder at the meeting of socialist leaders to which I referred and was assured of his support. I am pleased he rang the international secretary to the President of UEFA – a Swedish national – on the matter. However, I am particularly critical of the position adopted by the French and by elements within Fine Gael which seemed to suggest that support for a concentrated bombing campaign that will kill people was okay, but that three points in a soccer tournament or a basketball game was more important than anything else.
The low turn out in the European elections across Europe is a source of concern for us all. Occasionally, Europe does not help its cause and the decision to abolish duty free is a case in point. For the sake of the absolute integrity of the free market, thousands of European jobs are being put at risk. One of the perks of travel within Europe which ordinary citizens enjoyed was apparently arbitrarily taken away from them. In the overall context of the completion of the Single Market, it was infinitesimal in its economic weight and yet it became the symbol of the relentless drive to have a “one size fits all” approach. I accept the Government's view on this and that it was supported by the Germans and the French. I also accept the internal reality of the Danish Cabinet and that a one member party of that coalition was absolutely rigid on this mat[194] ter. I understand the same person is still a member of ECOFIN and that her party, which she leads, had made it clear that the issue related to the stability of the Danish Government, and the veto was exercised. The Danish decision to use their veto however, stands in stark contrast to Ireland's refusal to do so when the decision was originally taken. The forced absence of the Tánaiste from the recent Council meeting on the working hours of junior doctors was equally unfortunate. I wonder what the Irish position was on this issue. Even if this decision was dictated by member states, it has done Europe no favours among its citizens. Perhaps the Minister for Foreign Affairs will clarify this point in his reply.
The inability of the Government to decide who will replace Mr. Flynn as Irish Commissioner is also of continuing concern. The public positions being adopted by both the EU President, Mr. Prodi, and the Government bear little resemblance to the reality of what is going on in the background. It is clear, however, that Mr. Prodi will not tolerate the appointment of second rate Commissioners and the Government's inability to come up with a high calibre name at this stage is a source of concern. Again, this is a case of the Government's inability to take the European bull by the horns. The party political concerns of the Taoiseach will have more bearing on the appointment than anything else. I would have thought that after the European elections and today's Government meeting on the report of the Cologne summit, the nomination would have been made. I agree with many of the comments made by the leader of Fine Gael regarding the disconnection of Irish citizens as European voters from the role of the European Parliament and the appointment of the Commission. It is merely a matter of time before the Commission is elected directly by the members of the Parliament and the President of the Commission elected by universal suffrage throughout a European Union whose population may exceed 500 million. We should be leading that debate and articulating a point of view. We know that Fianna Fáil has a point of view but we do not know what it is because it is not being articulated.
The relationship of accountability between the Parliament and the Commission and the way in which it evolved in the forced resignation of the Santer Presidency over a set of comparatively small incidents which became a point of principle, largely because of the hauteur of the Commission and its attitude to the Parliament which is reflected by some Governments in some of the Councils I have attended over the years, fails to recognise that we have moved beyond a Common Market which was the limited objective of some of the founding fathers and participants in the first and second enlargements. We have become a genuine community with democratic values at its foundation. If democratic values are to be properly and fully implemented they must be given a new kind of constitutional architecture. That is what the Government should be initiating [195] by leading a debate, or even by responding to one. Suggestions have, so far, evoked no response from the Government.
Now that the elections for the European Parliament have been held, Ireland needs to know who its Commissioner will be. It is in our interest that a senior person with political credibility be nominated by the Government so that he or she can choose a portfolio of interest with President Prodi and not have to accept whatever portfolios are left. I am under no illusions about the political realities associated with the process of nominating a Commissioner. To borrow a phrase used by the Taoiseach in answer to a question on Northern Ireland, the situation will be no different in September than it will be on 30 June. Regarding the nomination of the Irish Commissioner, the situation will be no different next week than it is this week.
Minister for Foreign Affairs (Mr. Andrews): The Taoiseach has reported comprehensively on the Cologne European Council. I join him in warmly commending the achievements of the German Presidency at Cologne and in general. My statement concentrates on the main common foreign and security policy aspects of the European Council and refers briefly to the decision about the next intergovernmental conference.
Kosovo was a major preoccupation at Cologne, Many of the issues which we addressed, especially in relation to the common foreign and security policy, had to be viewed, to some extent at least, against the background of tensions in the Balkan region. The Cologne discussions were marked by hope that a return to the path of diplomacy and negotiations would bear fruit. President Ahtisaari of Finland was able to give us an important report on the talks which he and Mr. Chernomyrdin had in Belgrade. I pay tribute to the Finnish President and also to the German Presidency for the determined way in which they worked to maximise the scope for a settlement. The House will be aware of the importance which I have always accorded to the indispensable contribution which Russia could make towards finding a political settlement. The promising scenario outlined at Cologne has culminated in the adoption by the UN Security Council of Resolution 1244 last Thursday. Welcome as this resolution is, it is still only the beginning of what will be a long, complex and costly process. At Cologne, the EU reaffirmed its commitment to a leading role in the reconstruction efforts in Kosovo. The European Union could play a leading role in the international transitional administration which will now be such an essential part of the civil implementation process.
The Kosovo crisis has regional roots and effects. The destabilising effects of the crisis were widely felt throughout the region in political and economic terms. These will not disappear until progress to a settlement in Kosovo is under way and additional measures are taken to stabilise the region and firmly set it on its new course. In this [196] regard, the Stability Pact for south-Eastern Europe will have a central role. Its objectives are to enhance peace, stability and prosperity in, and co-operation between countries in the region. I am pleased to inform the House that the pact was approved by the EU, UN. US. Russia and a wide range of countries' organisations on 10 June. The European Council made it clear that the former republic of Yugoslavia can participate when it has met the conditions of the international community, not only in regard to Kosovo but also on progress on democratic freedoms and respect for the rights of minorities. I encourage the former republic of Yugoslavia to take the necessary steps to bring about their participation.
An immediate priority is to ensure the safe return of refugees and the protection of the civil population in Kosovo. Security Council Resolution 1244 has authorised a large peacekeeping force, KFOR, in this regard. Planning for the full assembly and deployment of this force is under way and it is clear that a number of non-allied nations are interested in participating in KFOR. Ireland has sought access from NATO to planning and logistics briefings for this force and we are giving consideration, subject to Government and Dáil approval, to the question of participation by an Irish contingent in this force, probably in a transport-logistics capacity.
The Belgrade authorities should be under no illusions about the abhorrence and repugnance which their actions in Kosovo have caused throughout the Union and in Ireland. In this regard, I had considered it important to raise again the question of discouraging sporting contacts with the former Republic of Yugoslavia at the General Affairs Council of 31 May, as UEFA had not heeded our earlier advice of 26 April. When that second round of advice was also ignored, as the House will be aware, the Government decided that visas should not be given to the Yugoslav football team. This decision met with the full understanding and support of our partners at Cologne and was supported in the conclusions of the European Council.
In continuation of the work which it set in train at the Vienna European Council of December last, the Cologne European Council adopted an important declaration on European policy on security and defence. The Council invited the incoming Finnish Presidency to take this work forward and to submit a progress report to the Helsinki European Council. The outcome of the Cologne summit in this area is entirely acceptable to Ireland. The Cologne declaration reflects that, a month before the Cologne summit, the Treaty of Amsterdam came into force. It is useful to recall that the security and defence clauses of the Treaty of Amsterdam, which provide for the progressive framing of a common defence policy, and for the inclusion in the treaty of the Petersberg tasks of peacekeeping and crisis management, were motivated by the wish to ensure that the EU could play an active role in preventing and [197] managing crises in Europe before they erupt into full-blown conflicts.
A central challenge facing the European Union is to make a reality of the Treaty of Amsterdam. The Kosovo crisis in particular has given support to the view that the EU should be better able to act at the early stage to prevent and manage such crises, on the assumption that the United States will not always wish to become actively involved. In a development with implications which are likely to enhance the ability of the EU to play an active role in the Petersberg tasks, NATO, at its Washington summit in April, welcomed the EU debate and indicated its readiness to grant the EU direct access to its resources for Petersberg tasks. The Cologne declaration takes due account of this.
None of these developments is in conflict with our policy of military neutrality. The EU's priority, as set out in the Cologne Declaration and the progress report by the Presidency, is the Petersberg tasks as opposed to mutual defence commitments. Our fundamental approach to this debate is shared by our neutral and non-allied partners, and is understood by all. The coming into force of the Treaty of Amsterdam, the outcome of the recent NATO summit in Washington, and the lessons to be learned from the situation in Kosovo present both opportunities and challenges as the EU seeks to enhance its role for peacekeeping and crisis management in Europe. The priority facing the European Union is to give further impetus to the development of the EU's capabilities for conflict prevention, peacekeeping and crisis management on the basis of the Treaty of Amsterdam, and drawing on the possibilities for mutually reinforcing co-operation for which the treaty provides.
The strength of the CFSP lies in that all EU member states, on the basis of a shared analysis and on an equal footing, have undertaken to work together on all areas of foreign and security policy. The priority within the EU is a full and shared analysis of the common objectives which all EU partners seek, and of how to achieve these. Any institutional conclusions should flow from this analysis and not the other way around. There may well be a case, on grounds of efficiency and coherence, for bringing some of the Western European Union's peacekeeping and crisis management decision-making functions into the EU. However, it will be important not to discount the continuing value of the Western European Union as an organisation which can provide outreach to a wide group of states, many of whom are not EU members.
I pointed out at Cologne, with considerable support from the other EU members, that the question of integration of the Western European Union as an institution into the EU is problematic and should be dropped. The related issue of the Western European Union's Article V mutual defence commitment should be left to one side. It is not central to the challenges currently facing the European Union, which concern the enhance[198] ment of the Union's capacity for peacekeeping and crisis management within Europe and not the issues of territorial defence which underpin Article V.
At Cologne, I also stressed the importance we attach to the equal opportunity of the four non-allied EU members to participate, if they so wish, in Petersberg tasks and associated planning on an equal footing. The EU acquis set out at Amsterdam should be the basis of our work. I do not see opt-outs from fundamental decisions in the security area as either necessary or desirable. The European Union must be able to work collectively for peace, stability and security in Europe. The key to this is peacekeeping and crisis management. We should ensure that all 15 members can play an active role in keeping with their own traditions and capabilities. The Cologne declaration fully meets our priorities on all of these points and clearly highlights the principles of the UN charter.
Paragraph 2 of the Cologne declaration raises the issue of capabilities. This is a point of concern for Britain, France and Germany, in particular, who take the view that failure by Europeans to reform and develop military capabilities will inevitably hamper the EU's ability to undertake Petersberg tasks.
Similarly, the declaration reflects concerns by many of our partners that there should be a restructuring of European defence industries. Ireland does not have a defence industry and so we are not one of the states involved. Also, the text makes clear that progress will be “as member states consider appropriate”, an optional clause which was inserted in the Amsterdam Treaty with our support. We are not committed to any particular course of action.
The Presidency report is a good basis for further discussion under the Finnish Presidency and restates, at Ireland's initiative, the EU's commitment to preserve peace and strengthen international security in accordance with the principles of the UN charter as well as the OSCE's basic principles. It is also recognised that the policy of the European Union shall not prejudice the specific character of the security and defence policy of certain member states. This is a clause which Ireland had inserted in the Maastricht and Amsterdam Treaties. The clause takes account of our policy of military neutrality and that of the other states who are not alliance members.
The Presidency report suggests, but does not prescribe, a range of possible measures to improve the EU's ability to make informed and timely decisions on Petersberg tasks, including associating defence ministers with general affairs councils and setting up committees in the EU which have expertise in the politico-military area. These are issues for further reflection under the Finnish Presidency, and subsequently.
Issues of security and defence are intergovernmental matters, subject to the sovereign decision of the member states. I see no place for the Commission's idea of a common European army and [199] I see virtually no support from EU partners for such an idea. It is accepted that participation in the Petersberg tasks is a voluntary and sovereign decision for member states in each and every case.
The report also makes clear that all EU member states are entitled to participate in the Petersberg tasks and that participants will have equal rights regarding the conduct of operations. These developments point up yet again the importance and urgency of Ireland's participation in the Partnership for Peace, against a background of increased co-operation between the EU and NATO. PfP, as a point of contact and as a means of co-operation with NATO by neutral EU members, is an important element in planning for the Petersberg tasks.
The Treaty of Amsterdam provided for a new post, whereby the secretary general of the Council of Ministers is also to be the high representative for the Common Foreign and Security Policy, the CFSP. The post has been dubbed by the media as “Mr/Ms CFSP”. It was agreed to appoint Javier Solana. He is a distinguished and experienced former Spanish Foreign Minister and is at present the Secretary General of NATO. He will have to leave his NATO post before assuming his CFSP functions. The functions of Mr. CFSP are set out clearly in the Amsterdam Treaty: he will assist the Council of Ministers and the Presidency in matters coming within the scope of the CFSP. Mr. Solana was the only candidate for the position.
I welcome the adoption by the European Council of the common strategy on Russia, the first instrument of its kind to be adopted by the European Union. The European Union wants a far-reaching partnership with Russia which will help to consolidate the political and economic transformation now taking place within Russia, and contribute to the development of a lasting European peaceful order. We believe that such a partnership can also make a significant contribution to the resolution of wider international questions, for example, the Balkan crises.
Minister of State at the Department of the Environment and Local Government (Mr. Molloy): I move:
That Dáil Éireann approves the terms of the Agreement Regulating Technical Assistance between the Government of Ireland and the Government of the Republic of South Africa, which was signed in Cape Town on 26 August 1998, and a copy of which was laid before Dáil Éireann on 4 March 1999.
It gives me great pleasure to introduce this motion to the House at what is a momentous time for South Africa. President McAleese and the Minister of State at the Department of Foreign Affairs, Deputy O'Donnell, are at this moment [200] in South Africa for the inauguration of President Mbeki, following the country's second democratic election. Democracy in South Africa has now come of age. While many challenges remain, particularly in terms of improving the standard of living of the majority population, the successful establishment of democracy in post-apartheid South Africa is a remarkable achievement by any standards.
Ireland is pleased to be able to make a contribution to continuing progress in South Africa by providing modest amounts of assistance in support of development activities. The purpose of the motion before the House is to approve the text of the agreement governing the provision of such assistance from Ireland to South Africa. I commend the motion to the House with confidence and with pride, as I am conscious of the commendable record of many Members of the Oireachtas in opposing apartheid.
Ireland has profound sympathy with the suffering of the historically oppressed majority population of South Africa. While the main cause of that suffering disappeared with the abolition of apartheid and the institution of democratic government, the after effects remain and will take many years to resolve. Since its first multi-racial democratic elections in 1994, South Africa has gone through a period of intense transformation and transition which Ireland has watched with interest and celebration.
South Africa's transition will enter a new phase with the inauguration of President Mbeki in Pretoria tomorrow. This has been preceded by elections on 2 June for which well over 17 million voters registered. An electoral code of conduct, an electoral court and voting regulations were put in place to help ensure the elections would be free and fair and would reflect the will of the South African people. It is now accepted that this has been the case. The successful holding of the elections consolidates the course of democratic transition initiated by President Mandela. It also reinforces the mandate of his successor, Thabo Mbeki, to meet the many challenges which remain in ensuring lasting unity, stability, inclusivity and reconciliation. In material terms, there will be the continued challenge of sharing equitably the dividends of progress and stability achieved since 1994. It is fitting, therefore, that Ireland will be represented at the presidential inauguration in Pretoria by President McAleese and the Minister of State at the Department of Foreign Affairs, Deputy O'Donnell. This will be done in the same spirit of partnership with which Ireland has opposed apartheid and moved forward with Pretoria in seeking to build a new and free South Africa. We must now support Thabo Mbeki in keeping aflame the torch of freedom passed to him by President Mandela for the benefit of all the people of South Africa.
The hope instilled by transition in South Africa has also permeated the entire continent of Africa. Despite being deeply absorbed in its own challenges of renewal and reconstruction, the country [201] has, under the stewardship of President Mandela, maintained an outward focus. This has contributed to the growing positive dynamic which characterises the region of South Africa today. Despite the setbacks of more recent conflicts in Angola and the Democratic Republic of Congo, this vision is helping to create and sustain hope in their peaceful resolution.
Recognising the far-reaching benefits of continued successful transition in South Africa, the specific objectives of Irish Aid's programme in that country are to support the development and implementation of Government policies, facilitate equitable access to essential services, assist the participation of people in the development of South Africa and support capacity building at all levels.
Projects implemented under the Irish Aid programme are decided upon as part of an agreed strategy developed during annual consultations between Irish and South African representatives. These consultations allow for an overview of South Africa's requirements and facilitate formulation of a cohesive strategy for Irish assistance. The last round of annual consultations took place in January in Pretoria.
The South African programme focuses on four sectors: education, health, rural-community development and human rights and democratisation. Projects are implemented by a number of South African NGOs, other local institutions and, increasingly, in co-operation with national and provincial Ministries. In addition, FÁS and Coillte seconded experts to projects in the Departments of Labour and Water Affairs, respectively.
Ireland is committed to supporting the promotion of human rights and democratisation, good governance and the building of a strong civil society in South Africa in co-operation with governmental and non-governmental organisations. Approximately 15 per cent of Irish Aid's current South African programme budget is dedicated to the promotion of human rights and democratisation in the country.
Irish Aid has provided support for South Africa's Truth and Reconciliation Commission and the Centre for Study of Violence and Reconciliation and, as part of that support, a Garda superintendent worked with the Truth and Reconciliation Commission in the Eastern Cape province. Irish Aid has also been working with the country's Department of Justice in establishing citizens' legal advice desks in a number of Magistrates Courts. Furthermore, in the lead-up to the recent elections, Irish Aid initiated a number of voter education projects as well as projects to promote support for the electoral process.
Irish Aid has committed itself to supporting development efforts in South Africa until 2004, that is, ten years after the transition to a multiracial democracy, by which time it is anticipated that the South African Government will have set in place the structures needed so that the social distortions caused by apartheid can be made good [202] out of South Africa's own resources. Irish financial assistance to South Africa under the bilateral programme in 1999 will be £2.6 million.
Let us now consider the terms of the agreement for which approval is being sought. Bilateral aid programmes between Ireland, as a donor country, and recipient partner countries operate within the framework of technical co-operation agreements. Ireland has such agreements with six developing countries, namely, Ethiopia, Lesotho, Mozambique, Tanzania, Uganda and Zambia. This agreement with the Republic of South Africa is similar to those in that it defines the rights and obligations of both parties with regard to technical assistance. It sets out the legal and administrative framework for programme implementation.
The agreement is a framework agreement and does not commit Ireland to any specific volume of expenditure. The cost of the Irish Aid South African programme will be borne from the bilateral aid fund of the Vote for international co-operation. Although the agreement does not commit the Government to the expenditure of any specific sum, it involves a charge on public funds. Accordingly, in compliance with Article 29.5 of the Constitution concerning international agreements, approval of the House is sought for the agreement. It gives me pleasure to commend the motion to the House.
In addition to bilateral co-operation between Ireland and South Africa, there are important links through the EU-South Africa relationship. In that context, Ireland has worked within the European Union to ensure the particular circumstances and requirements of South Africa are taken fully into account in the formulation of EU policy.
The European Union is actively seeking to support efforts by South Africa to consolidate the democratic process and advance economic and social change. South Africa is now a qualified member of the Lomé Convention and is currently involved with other African, Caribbean and Pacific states in negotiating with the European Union on a new Lomé framework. In addition, the European Union has close co-operation arrangements with the Southern African Development Community, of which South Africa is a leading member.
The European Union recently agreed a trade and co-operation agreement with South Africa which, when it comes into force, will allow most South African products enter the European Union free of duty as well as allowing reciprocal agreed arrangements. A central aim of the new trade agreement is to encourage the smooth and gradual integration of South Africa into the world economy.
As regards wider development co-operation, the European Commission has recently tabled a draft Council regulation on development co-operation to replace current co-operation arrangements when these lapse at the end of the year. The new framework will provide for substantial [203] EU support to assist South Africa in the fight against poverty and in advancing essential economic and social change in the country.
I close with some words from the new President of South Africa, Thabo Mbeki, whose inauguration the President will attend in Pretoria tomorrow. In his victory speech President Mbeki said of South Africa:
In a very clear voice, the people have said that democracy is alive and well in our country. The people have directed us to move forward faster with our programme for reconstruction and development so that the goal of a better life for all is achieved sooner rather than later. The masses of our people have mandated us to maintain the peace and stability which democracy and good governance have brought our country.
We in Ireland share his hopes and optimism and hope to help in this challenging process of transition in whatever small way we can.
An Ceann Comhairle: Before proceeding further I take the opportunity of welcoming Members of the Senate and House of Commons, Ottawa, Canada, who are with us this evening in the Distinguished Visitors' Gallery. On my own behalf, and on behalf of the Members of Dáil Éireann, I extend to them a most sincere and warm welcome and express the hope that they will find their visit to Ireland interesting, successful and to our mutual benefit.
Debate resumed on the following motion:
That Dáil Éireann approves the terms of the Agreement Regulating Technical Assistance between the Government of Ireland and the Government of the Republic of South Africa, which was signed in Cape Town on 26 August 1998, and a copy of which was laid before Dáil Éireann on 4 March 1999. –(Minister of State at the Department of the Environment and Local Government).Mr. G. Mitchell: I am delighted to note that there are more Canadian Members of Parliament listening to me on this occasion than Irish Members of Parliament. I join with the Ceann Comhairle in welcoming the delegation. I had the great honour of visiting Ottawa some years ago.
I welcome the agreement which has the support of my party. I also welcome the evolution of democracy in South Africa marked by the election of President Mandela's successor. Given the strength of support for the ruling party in South Africa in the recent elections, I hope any temp[204] tation to replace white supremism with black supremism will not be given in to. The objective of our foreign policy should be to ensure pluralism in South Africa so that a true democracy can evolve. I wish to outline some of Fine Gael's policies on Third World debt and development which relate to some of the issues raised by the Minister of State and into which we put considerable work. Ireland could do much more in this area given our new-found status and wealth.
There are 1,300 million people living in abject poverty at a time of plenty. Having recently commemorated the 150th anniversary of the devastating great Famine, Ireland must ensure that it meets its full international obligations in tackling such abject poverty. We have no right to pressurise other wealthy states to meet their contributions if we are not meeting ours. For this reason alone we must meet the commitment given to the UN so that the 0.7 per cent GNP target will be met at last.
Development policy should be based on values, in this case the values of the Irish people and international values based on principles of justice and equality. It should also take seriously our responsibilities under international law; it should play to national strengths, competencies and historical links to the developing world; it should give priority to the poorest of the poor, to women, children and youth; and it should include a clear rationale for the relative emphasis on different aid priorities, bilateral or multilateral, the countries involved and the reasons.
Development policy should be coherent across Departments if it is to be based on national values. These values should be apparent, not only in Irish aid policy but in the relationship between this policy and other policies which affect the developing world, such as trade, justice, education, agriculture, defence and finance. It should inform our approach to all aspects of EU policy development. There should be critical public ownership of our development policy through awareness and education programmes.
Much progress has been made in the area of development aid. The average life expectancy in the Third World increased by over one third between 1960 and 1999 to 65 years, 85 per cent of that in the industrialised world. Due to the end of the Cold War and the reduction of superpower rivalry in the developing world, an estimated 380,000 refugees were able to return home in 1990 alone. Throughout the developing world adult literacy rates increased from 46 per cent to 60 per cent between 1970 and 1985. However, much remains to be done.
Some 14 million young children and ten million older children and young adults die each year from easily and cheaply preventable diseases. Each day, 34,000 children die from easily preventable malnutrition and disease. War and internal conflicts affect over 60 countries and one in every 115 people on earth is a refugee or migrant, with [205] more than six million refugees in sub-Saharan Africa.
More than one billion adults cannot read or write, a fact which affects many aspects of their daily lives, including their health, wealth and their families' well-being. Numerically the largest number of severely impoverished people live in south Asia which is home to about 30 per cent of the world's population. Africa has about 16 per cent of the world's population and half of all Africans are impoverished. Women suffer disproportionately, representing 70 per cent of all poverty stricken people, followed closely by the elderly.
Although urban poverty continues to grow, the rural poor still represent more than 80 per cent of the world's poor. The extent of poverty varies greatly between regions within countries. Kadar Asmal recently stated that, although progress has been made on basic facilities such as water supply and electricity, much remains to be done in South Africa. As part of the continent of Africa, it is important that Irish technical assistance should be targeted at South Africa.
About 17 million people in developing countries die each year from infectious and parasitic diseases such as malaria, diarrhoea and tuberculosis. More than 90 per cent of the 17 million HIV-infected people live in developing countries. Nearly 800 million people do not get enough food and about 500 million people are chronically malnourished. Maternal mortality in the Third World is 350 per 100,000 live births, about nine times higher than in OECD countries. These people are our neighbours and their needs are our concerns.
Ireland's per capita income is now between 90 per cent and 100 per cent of the EU average and, given the extent of our economic growth, we will exceed that average in a relatively short period of time. No matter how one chooses to view the situation, Ireland has greatly increased its status in the list of wealthy countries. Does the Minister of State agree that we are meeting our full responsibility to our suffering neighbours? I do not believe we are doing so, and all Governments have been guilty of this offence.
The recently announced multi-annual financing of the discretionary elements of the overseas development aid budget is welcome but is wholly inadequate. In years to come the Estimate procedure will continue to go through the annual wrangle with the Department of Finance, and the actual money contributed, as opposed to the percentage of national wealth or GNP, will form part of that argument. Those who benefit from overseas development aid do not elect Members of either House. Therefore, the pressure will always be to allocate scarce funding to domestic projects in response to electoral demands. It is time to take this area of funding outside the annual Estimates procedure and to legislate so as to meet the UN commitment of 0.7 per cent of GNP by 2007. I have put forward specific proposals for greater accountability involving the Committee on For[206] eign Affairs so as not to weaken democratic control of that expenditure process, given that the annual Estimates figure will have been agreed in advance. I will not go into those proposals during this debate but I have clearly set them out in other documents.
Ireland is a shining example of the principle that development aid works. Notwithstanding the millions of people living in abject poverty, more people have escaped from poverty in the past 50 years than in the previous 500 years. Ireland has solidly contributed to this achievement but much remains to be done. The debt crisis is draining developing countries of desperately needed resources. The cost of servicing debt has reversed human development gains made since the 1950s. The total debt owed to various creditors, such as individual countries, multilateral bodies such as the IMF and the World Bank and commercial banks, has passed $2 trillion, more than treble the level in 1980. Debt repayments in 1996 amounted to $244 billion, over four times the amount of official aid received by developing countries.
We can do something about this. I do not believe that we can forgive all debt in all countries. We must be careful about the people to whom we give money. We should put a line in our Estimates procedure to provide for NGOs and overseas missionaries, who would give a far better response to the funds they are given than some of the tinpot dictators who have ruled countries to which we have given money in the past.
Through the European Union, we could start the procedure. The European Union could set up a debt commission to review and make recommendations about those countries whose debt should be forgiven or mitigated. If we did that on a regional basis, we would force the hand of the international community to take similar steps. We simply cannot expect States to continue to bear the burden of debt we have imposed on them.
Put another way, where would Ireland be today if the £25 billion or so we received in transfers from the European Union since 1973 was in the form of loans rather than grants? We would not be anywhere near the stage we are at now. If we had such a millstone around our necks and had to service such a debt, we would have encountered major problems down the years. Yet we expect people, who do not have anything akin to the market to which we have access in the European Union, to meet debt repayments we have imposed on them, which are many times more than that figure. Those people have very few tools with which to meet those repayments. This is an unacceptable practice and it has reached a level where such a requirement is a human rights violation. We are asking people to repay money to international agencies and banks which should be spent on keeping the children to whom I referred alive.
I will put forward two suggestions on the twinning of central Government and local government, which I made in the policy document I put forward. As an additional contribution to over[207] seas development aid each of the 15 Departments should be asked to identify a separate developing country or region and to specialise in providing advice and or services of assistance to that country or region. For example, the Department of Health and Children could develop a particular relationship with Ethiopia, the Department of Social, Community and Family Affairs with Uganda and the Department of the Environment and Local Government with Lesotho.
The Minister of State with responsibility for housing is present. This is a golden opportunity for us to give advice, particularly to South Africa. The Minister's Department could probably give expert advice on how many of the environmental, water and housing problems in South Africa could be tackled. Such advice could be targeted at regions in the way I suggested.
The expertise, experience and advice of each Department should be available to each of these states or regions with which that Department is twinned on an organised basis to be set out in a protocol or agreement between both states following consultation with NGOs here. Similarly, each local authority should twin with a region within a developing state with a view to providing expertise in such areas as water quality, sewage treatment, housing, engineering, horticulture, agriculture and environmental protection following consultation with NGOs here.
I welcome this agreement and agreements of this kind. South Africa is fortunate to be developing and evolving as a democracy. It is probably more fortunate than other parts of Africa. The principles I espoused apply to South Africa, other parts of Africa and other regions of the world, particularly Asia. Given the wealth that Ireland has accumulated, it is time we took more seriously our international responsibilities to these people. The promotion of justice will bring with it greater peace and stability and we have a vested interest in ensuring we have a world where that exists.
Proinsias De Rossa: I welcome the agreement that the Minister of State is promoting. When a proposal was put forward some weeks ago to have it passed through the House it was suggested it would be passed without debate, but I felt it was important that we should have an opportunity to debate this issue and to make some points on it.
Like the Minister of State and the Fine Gael spokesperson, I also welcome the outcome of the general election in South Africa and the smooth transfer of power within the ANC from Mr. Mandela to Mr. Mbeki. South Africa can set a headline for Africa in general in terms of how it does its business and how it can set about developing.
South Africa has enormous resources and it also has some advantages in terms of development. Its education system is evolving and developing. I have great hopes for South Africa. However, a major task faces its Administration, [208] that of water supply, which we tend to take for granted. When the portfolio for water development was announced and given to a man who had spent many years living here, many people to whom I spoke wondered why there was to be a Ministry for water. They could not contemplate what was the problem, given the amount of water that falls on our heads every year. We also have our rivers and lakes and are surrounded by water. Water in areas like Africa and the Middle East can be a matter of great contention and the quality and purity of water can make the difference between life and death and certainly between health and ill health. The issue of water supply in South Africa is an extraordinary heavy task that must be taken on board by the Minister concerned.
Housing is another major issue. The enormous degree of poverty and exclusion that exists in South Africa will require many years of economic development to address. We should try to ensure we can help in so far as we can as a State but more particularly and, perhaps, more powerfully within the European Union in developing the relationship between the European Union and South Africa. That is particularly important in light of the negotiations under way in relation to a new Lomé agreement.
We should carefully consider the demands we make and the resistance we may put up to changes which may impact on us as an economy, bearing in mind the impact our insistence on protecting our own corner, so to speak, may have on people in South Africa and other parts of Africa.
The Common Agricultural Policy has effectively decimated the cattle farmers in South Africa and other parts of Africa. The export of intervention beef, primarily Irish beef in recent years because of the ban on British beef, to South Africa has effectively decimated subsistence farmers who depend on their cattle to survive. That not only has an impact on those farmers but it also has an impact in terms of the drift of people from rural areas to urban areas, which has increased the pressure on cities.
The incapacity of farmers to sell their cattle puts pressure on land and water and this has a vicious circle impact on the lives of people many thousands of miles away. That aspect of the impact of the Common Agricultural Policy is rarely, if ever, addressed by those who argue for minimal changes in that policy when it is being negotiated. It is important when we are clapping ourselves on the back in terms of the aid we give to South Africa and the agreements we make, which are all important but in themselves are almost like giving with one hand and taking with another, that we remember the aid and the support this technical agreement will provide is minuscule compared to the damage being done by the Common Agricultural Policy, of which we are whole-hearted supporters at EU level. That is understandable because of the impact it has on livelihoods in Ireland. However, I urge the Minister to address how we can minimise the impact [209] of the sale of intervention beef on the poor of other parts of the world, particularly Africa.
I also wish to address the question of debt. In a recent report, Trócaire pointed out that Africa spends four times as much money repaying interest on its loans as it does on health care, that for every £1 given in aid by richer countries, poorer countries pay back nearly £4 in debt repayments and that more than 500,000 children die each year because of cutbacks to health services. It also pointed out that Zambia was once the richest country in Africa and now its debt is equivalent to £565 per citizen, more than three times the annual average salary. It would cost creditors £4.5 billion to cancel the unpayable debt, not the total debt, of the 20 most affected countries, which is less than the cost of one stealth bomber.
Given the carnage due to the appalling macho style bombing of Yugoslavia, Serbia and Kosovo, the enormous amount of money spent on the war, the cost of reconstruction, which will primarily fall on Europe, and the manner in which decisions were made to carry out that war while at the same time two thirds of the world is starving, it seems that priorities are grossly askew. I urge the Minister to take seriously the debate here some weeks ago on ESAF when a strong case was made for us not joining. All the Opposition parties and some Fianna Fáil backbenchers argued against joining. Now that the Government has decided to proceed with joining ESAF we should insist it is implemented in a way which aids the poor in these countries and which does not make life even harder for them. When deciding on who should be helped pay off their debt we should not only take fiscal and market factors into account but also health services, social services, employment and water supply.
There has been a great deal of debate about overseas development aid. It is a shame that the Government decided to freeze its ODA contribution this year and that aid to the poorest of the world should be effectively reduced at a time when the Irish economy is booming and when for the foreseeable future there will be an Exchequer surplus of in excess of £1,000 million this year. The Minister of State, Deputy O'Donnell, has given a commitment that there will be increased aid over the next three years up to 2002. However, even if we take that promise into account, it seems obvious that the Government's commitment to increase Irish aid to 0.45 per cent of GNP by 2002 will not be reached. There is no indication of how or when we will reach the UN target of 0.7 per cent of GNP. The Government should revert to the consensus in this House for the previous six years where it was agreed that no matter what Government was in office we would gradually increase our ODA to 0.7 per cent of GNP.
It could have been argued in the mid-1980s that we did not have the money. However, that cannot be seriously argued now. It is unfortunate the Department of Finance was allowed to get away [210] with the freezing of ODA this year. I do not want to give the impression that ODA, particularly that from Ireland even if we reached 0.7 per cent of GDP, would resolve the problems of hunger, poverty and ill health in the Third World. It is important that we use our influence, through UN and EU organisations, to exert pressure for a more holistic view to be taken of how we assist countries with poverty and debt problems. It is not enough for us to try to force them into the straitjacket of the ever popular neo-liberal economics which may or may not be workable in western developed societies and economies but which certainly do not work and have not worked in the countries where they have been tried and where they have only led to increased misery. It is essential that we emphasise a qualitative approach to helping these countries and that global human development needs infuse the policy process across the board, on agriculture, fisheries, environment, immigration, human rights, education, water quality etc. All these elements are essential.
I wish to deal with aid for countries in other parts of the world and how it is delivered. It is becoming increasingly clear that unless we engage the indigenous population in the use and development of the aid provided, as soon as the worthwhile aid organisations pull out of, or cut back their support for particular areas, the aid given is of no value. People in South Africa, Namibia and elsewhere must be given ownership of what is done in their countries. When the Irish Government or anyone else negotiates with Governments in relation to aid, civil society should also be included. We should take into account the needs on the ground as distinct from the needs any Government might identify for its political agenda.
Minister of State at the Department of the Environment and Local Government (Mr. Molloy): I thank the Deputies who contributed to this debate which coincides with the historic events in South Africa, which the President and the Minister of State, Deputy O'Donnell, who would be here otherwise and on whose behalf I am taking this motion, are attending. A number of interesting points were raised. All parties have been in and out of Government and we have all sought to increase overseas development aid. However, none of us could say at any stage we were happy that the level of aid we made available met the level of need in poorer countries. The more our economy develops and improves and the more our wealth increases, the greater is our responsibility and obligation to increase the amount of aid we make available to those less fortunate than ourselves. It has been mentioned that we have been, and still are, in receipt of aid from other countries. We are constantly conscious of this. My colleague, the Minister of State, Deputy O'Donnell, has highlighted the Government's commitment in this area.
Deputies Mitchell and De Rossa referred to the target of 0.7 per cent of GNP. No Irish [211] Government has yet achieved that level of overseas development aid. As our GNP increases, the amount of money involved increases enormously. Expenditure in 1998 was £140 million, which was 0.3 of GNP, and the allocation for this year is £178 million, which is 0.35 of estimated GNP. That is a fairly significant increase, but we have not yet reached a satisfactory level of ODA contribution. Both Government parties are committed to trying to increase that. There is a commitment, as enunciated by the Minister of State, Deputy O'Donnell, to increase this in 2000 and 2001. There are no grounds for complacency in this matter but it is important to recognise that some progress is being made.
Deputy Mitchell referred to debt. Ireland has taken many positive initiatives in regard to the debt of developing countries. A special programme, valued at more than £30 million, was put in place last year. Ireland has also been active at the level of international policy making in this area.
Deputy De Rossa referred to the question of beef exports. I offer him my congratulations on his recent election to the European Parliament. It is a magnificent achievement to receive such a high level of support. I wish him well and I am sure he will look after our interests well in that Parliament. The Government is very conscious of the need to ensure that the agricultural and wider economic development of South Africa and the region is not undermined by the export refund scheme for beef, referred to by Deputy De Rossa. EU export refunds per tonne for boneless beef to South Africa have fallen from £1,182 in November 1996 to £239 in November 1998. This is equivalent to 7.7p per lb of carcase weight. According to the Department of Agriculture and Food, this has greatly weakened the competitiveness of Irish and other EU beef in South Africa. EUROSTAT figures suggest the volume of EU beef exports to South Africa has fallen by 14 per cent. However, it is important to keep the situation under review to ensure that the operation of the scheme, even at the current low level, does not distort the local market, as was mentioned by Deputy De Rossa.
This is a very exciting time in South Africa. It is wonderful to see the development that has taken place there. The fact that it has now had its second democratic election is a very significant landmark in South Africa's transformation to a democratic country. The principal cause for satisfaction is that the principles of constitutional government, accountability and civil liberties seem thoroughly embedded in its political culture. There may be shortcomings in the way institutions operate, which is inevitable in any young democracy, but there is no challenge now to their legitimacy.
When the first democratically elected Government took power in South Africa five years ago, it was faced with the inordinate task of addressing the legacy of inequality left after years of dis[212] crimination under the apartheid rule system. With a GNP per capita of US$2,900 and classification as a middle income country, South Africans have, on average, a higher level of income than citizens of neighbouring countries. However, the average figure conceals a highly unequal distribution of that income, resulting in pockets of extreme poverty comparable to many developing countries. Among the many challenges faced by the Government is the need to formulate and implement policies which will allow for more equitable access to goods and services and facilitate a fair distribution of national resources.
The goal of the Irish Aid programme in South Africa is to support this democratic transformation and to assist its people's participation in the process. The specific objective is to support the development and implementation of its Government's policies for equitable access to essential services, to assist the participation of people in the development of South Africa and to support capacity building at all levels. The technical agreement, which today received the House's approval, enshrines these objectives and guarantees the continued efficacy of our aid programme in South Africa. Priorities for Irish Aid in South Africa during 1999 include maintaining existing levels of disbursement, enhancing direct support to Government and appraising and agreeing new projects. Irish Aid will consider a review of its South African programme in the latter part of 1999, which will inform programme strategy and the approach to be taken in the period 2000-04.
We in Ireland share the optimism expressed by the new President of South Africa. We hope, given the challenges he faces, he will be able to successfully lead his country to strengthen its democracy and ensure a more equitable distribution of its wealth. We are proud of trying to help them do that.
Bill entitled an Act to amend the Regional Technical Colleges Acts, 1992 and 1994, to provide for the establishment of a body to be known as Institiúid Teicneolaíochta, Baile Bhlainséir or, in the English language, the Institute of Technology, Blanchardstown, to provide for the dissolution of Institute of Technology, Blanchardstown Limited, to amend the Vocational Education Act, 1930, in relation to the composition of certain Vocational Education Committees, and to provide for related matters.
Minister for Education and Science (Mr. Martin): I move: “That Second Stage be taken now.”
Question put and agreed to.[213]
Minister for Education and Science (Mr. Martin): I move: “That the Bill be now read a Second Time.”
Last year the Government agreed to the planning, building and funding of an institute of technology at Blanchardstown in Dublin. This represented the realisation of a plan which had seen many false dawns, much inflated rhetoric and no real commitment. The institute is now one of the largest building projects in the country and its first students will be enrolled this September. Applications have been strong and the institute already has in place a group of highly qualified and motivated staff.
To facilitate the establishment of the institute, a company entitled Institute of Technology, Blanchardstown Limited was incorporated under the Companies Acts on 11 December 1998. The company is and was intended to be merely a device whereby the institute could be given legal personality pending the enactment of appropriate legislation.
The general aim of this Bill is to provide for the dissolution of the company known as the Institute of Technology, Blanchardstown Limited, and the establishment of the Institute of Technology, Blanchardstown, on a statutory basis. It will place the institute within the institute of technology sector and provide for the application to it of the legislation which governs institutes of technology, the Regional Technical Colleges Acts, 1992 and 1994. The main provisions of the Bill are the dissolution of the company entitled Institute of Technology, Blanchardstown Limited; the establishment of the institute within the Regional Technical Colleges Acts framework; and the appointment of the governing body of the institute.
Early in 1998 I set up an establishment board under the chairmanship of Mr. Donal Connell, the general manager of 3 COM Technologies and vice president of the 3 COM Corporation. When I appointed the board I gave it the task of completing strategic planning for the new institute and making arrangements for the commencement of courses. I pay tribute to the work of the members of the board who are drawn from both the private and public sectors and who have given freely of their time since their appointment. To facilitate the establishment of the institute, a company entitled Institute of Technology, Blanchardstown Limited, was incorporated under the Companies Acts on 11 December 1998. The members of the establishment board were appointed as the members and directors of the company.
Following this, the institute was designated by the Ministers for Education and Science and Finance under section 20 of the NCEA Act, 1979, on 15 December 1998 and has received NCEA approval for the following new courses: national certificate in engineering-electronics and com[214] puter engineering; national certificate in computing-information technology; national certificate in business studies; national diploma in business studies-information technology and French; and national diploma in business studies - information technology and German. Because of its crucial role in extending opportunity and meeting the needs of this region, the institute, like other institutes, will offer apprenticeship courses. An advance building is being provided on the site to accommodate 450 students and the institute plans to offer about 250 places on the courses beginning in September 1999. A standard prospectus is available and was sent to all second level schools.
While it was not possible to have the institute included in the CAO Handbook for 1999-2000 applications for its courses in September 1999 are being handled by the CAO. School leavers and mature students seeking third-level places for 1999-2000 were able to specify courses in the institute in their list of choices when filling in their CAO applications before 1 February 1999.
The institute has filled senior management posts of registrar, secretary-financial controller, head of development, head of school of informatics and engineering, and head of school of business and languages. The institute is also currently engaged in filling other academic, administrative and support posts and these appointments will be made in the lead-in to the commencement of courses in September 1999. The need to expand educational opportunity has been central to my policies as Minister for Education and Science and I have viewed the establishment of a third level institution in Blanchardstown as a crucial element of this.
On 30 September 1998, I announced formally that the Government allocated £20 million to fund the capital costs of the first phase of the institute. The new campus will have 900 full-time student places in this phase of development which is scheduled to be ready for occupation for the academic year 2001-2002.
This Bill is the final part of this initial process to formally establish the institute under the regional technical colleges Acts. The amendment to the regional technical colleges Acts is required to ensure that the institute will have the same powers and functions and the same management and governance arrangements as the existing institutes of technology.
It is not often that a Minister for Education and Science gets the opportunity to launch a project capable of changing the educational and social landscape so dramatically. The new institute in Blanchardstown is one of those projects. An investment of this size cannot be undertaken lightly. It requires considerable planning and deliberation and must justify itself in the face of many competing demands.
The Institute of Technology, Blanchardstown will be a landmark. Physically, it will offer a modern, accessible campus, set on some 60 acres at Blanchardstown Road North. It will have state-of-the-art computer and electronic laboratories [215] and modern well-designed lecture theatres equipped with the latest audio-visual teaching aids. It will be able to offer students a welcoming and supportive academic and social environment through a fully resourced library with on-line facilities, restaurant and a range of student support facilities including its own playing fields. The institute has the capacity to become a new focal point for north west Dublin.
The institute will be a landmark in other ways. It will join former regional technical colleges, now institutes of technology as part of the national provision for third level technological education. This sector has rightly earned public esteem by making and continuing to make a significant contribution to our economic success. As the newest member of the group, I want Blanchardstown Institute of Technology to make its presence felt right from the start. In particular, I expect it to be courageous and innovative in its approach to access, to second-chance education and to life-long learning.
I see the new institute as a model for the future in many respects. It will help to meet the skills needs of emerging industries. It will also devote itself to improving the level of participation in third level education and training in north west Dublin. This is an area with one of the lowest participation rates in the country, a situation which we cannot allow to continue. The institute will only have achieved its mission if it succeeds in making a significant impact on the level of participation in the region.
As it develops, the institute will provide a flexible education and training framework responsive to economic and social needs both locally and nationally. The emphasis will be on: specialist higher education for leading edge industries in the region; upgrading specialist skills to higher technical-technological levels; continuing education and the needs of mature students; in-service courses, retraining and up-dating of skills in third-level education; special needs arising from educational disadvantage or disability; apprentice education in liaison with FÁS.
The institute must adopt marketing, admissions and student support policies to ensure that a high proportion of its students are non-standard entrants. This means applicants, including mature applicants, who meet the entry requirements other than by way of the leaving certificate examination, students with disabilities and students from a disadvantaged socio-economic background.
The second part of its remit is equally important, namely, helping to meet the skills needs of emerging industries. In this respect, an institute of technology in Blanchardstown will have a distinct advantage. Some commentators have started to compare the greater Blanchardstown area with Silicon Valley. Without doubt, the concentration and growth of high-technology industry in the region over the past five years or so has been spectacular. There are great oppor[216] tunities for the new institute to forge links with these companies, to establish innovative models of co-operation and to mutually benefit from the synergy between industry and education.
The institute of technology, Blanchardstown can offer what industry wants – talented, hard-working people equipped with cutting-edge skills. I have no doubt that business and industry will support the institute in whatever way it can, including providing input to course development, offering co-operative education opportunities and sharing resources.
The location of the new institute will lend itself to precisely this kind of interaction. The institute will be located on Blanchardstown Road North. It will be established in conjunction with a new business park that is being, developed as a joint venture by Fingal County Council and IDA Ireland. I see the institute as a flagship, operating right at the heart of a network of business parks and clusters of industry.
Planning permission for the provision of internal roads and services and for the widening of the adjoining public road has been received from Fingal County Council and work has commenced on a temporary access road to the advance building. The design team for the new institute has been appointed and architectural planning is advancing with a view to completion of the new campus in time for the 2001-2002 academic year.
The design and construction of a long-term purpose-built campus necessarily takes considerable time and the target completion date of autumn 2001 seems a long way off. This is why preparations are under way to provide a system-built advance building on the site which will be ready to receive students in September 1999. Section 11 of the Bill is essentially a technical provision to ensure that any legal doubts about the constitution of vocational education committees in the Dublin-Dún Laoghaire area are clarified.
The Vocational Education Act, 1930, provides that every county borough and every county shall be a vocational education area and each such area shall have a vocational education committee. Until the Local Government (Dublin) Act, 1993, came into effect, there were three vocational education committees for the Dublin-Dún Laoghaire area corresponding with the three local authorities – Dublin city, Dublin county and Dún Laoghaire. The 1993 Act altered the local authority structure for the county and Dún Laoghaire by creating in this area three new local authorities – South County Dublin, Fingal and Dún Laoghaire-Rathdown In the normal course, given the provisions of the 1930 Act, this would automatically have precipitated the establishment of three new vocational education areas with committees. However, section 19, of the 1993 Act did not change the status quo as it existed before commencement of that Act. In other words, both the committees and the vocational education areas of County Dublin VEC and the Borough of Dún Laoghaire VEC were unaltered. Accord[217] ingly, as the law stands, while County Dublin VEC and Dún Laoghaire VEC, as statutory corporate bodies, remain in place, the law does not provide a mechanism to appoint members to the committees after the local elections. Section 11 deals with this issue.
As to the long-term structure of vocational education in the Dublin-Dún Laoghaire area, it is my intention to engage in consultation with the interested parties on this matter as part of the preparation of the Vocational Education (Amendment) Bill which I intend to publish later this year. In the meantime section 11 will retain the status quo and allow for those consultations to take place without affecting the effective operation of the committees concerned.
We have come a long way since a regional college was first mooted for Blanchardstown. Much has been done, and it is now the largest single third level project in the country by some distance. Much remains to be done to meet the schedule of commencing courses next September. I am confident that what needs to be done can and will be done.
Some people have, over the last year, sought every opportunity to question this project, to seek out short-term publicity by misrepresenting or ignoring the level of commitment and dynamism behind the project. The bottom line is that we have delivered the funding and support which was missing when Blanchardstown was fast entering mythology as one of those projects which was promised at election time but would never appear.
I pay a warm tribute to my officials and the incredible work of the acting director and his staff. The commitment of the establishment board has also been exemplary even though it has involved a major imposition on the time of very busy people. The enthusiastic reaction of the local community and the support already evident in the number of applications for enrolment this year, show that Blanchardstown has a great future ahead of it.
This Bill will place the new institute at Blanchardstown firmly within the “family” of institutes of technology. It is, therefore, an important Bill, which deserves wide support, and I commend it to the House.
Mr. R. Bruton: I welcome this Bill. Anyone who has seen the growth in the west and north-west of the city will have identified the yawning gap which exists there. We have been very fortunate that industrial policy in recent years has opened up opportunities in the information technology sector. It is crucial that we exploit those opportunities to bring jobs to areas in the north-west of the city which have traditionally been disadvantaged. It is commendable that this college will get off the ground in the autumn. I do not understand why the Minister is so defensive in presenting this. He seeks to criticise his forebears and these short-term publicists about whom he is so worried. He should learn to put those con[218] siderations aside and look at this issue on its merits.
We must question the success to date of the education system in addressing the needs of those from disadvantaged communities who wish to participate in third level education. I am disappointed the Minister is simply pouring this new institution into the well worn skins of the institutes of technology legislation instead of carving out a new model for Blanchardstown. He is committed to ensuring that this college is innovative, yet the legislation is a shell which says that the institute will be identical to all the other institutes of technology.
I would like to have seen a more serious effort to address the issues which prevent people from disadvantaged backgrounds from participating and to make this a model which will develop change in this area. To an extent the Oireachtas will float this institution with its best wishes but with no signposts directing the path it should take. The Minister and his successors will have the ability to point it in certain directions through the funding mechanisms but new thinking about how to succeed in encouraging people from disadvantaged backgrounds to go onto third level education is required.
There are extraordinarily low participation levels in areas such as Darndale, the north inner city, Mulhuddart and some areas around Blanchardstown. We cannot avoid the conclusion that many of the well-meaning efforts made in the past to encourage participation have not been successful. The White Paper on education set an increase in participation of 500 per year as a target. By now there should be 2,500 people from disadvantaged backgrounds in our third level system. The figures achieved in the intervening years are a far cry from that. It is welcome to see Blanchardstown opening to fill a gap which has kept participation well below national averages.
There is need for more innovation to support people participating in third level education. It is impressive that many partnership companies have taken a lead. Although they work with budgets which are a fraction of those available to the mainstream education sector through the Department, they have been more innovative and have stretched out the hand to those who would not normally participate. Many of the partnership companies, such as the North-South Partnership Company in my area, have introduced low cost schemes which have made a world of difference to participation. We should give mainstream recognition to those needs. These people are operating on a shoestring. More resources in that area and a mandate to develop innovative approaches would get much more from the system.
This Bill is technical in nature. We need to see new policy approaches which would have equal application in stretches of my own constituency, the Taoiseach's constituency and the west of Dublin. We want to see satellites develop from Blanchardstown to accommodate developments in Finglas, Darndale and other areas which need a similar approach. I [219] hope Blanchardstown will be innovative in stretching out to reach other areas.
Any Bill dealing with an institute of technology would have to refer to the black hole which exists in third level education – the extraordinarily high drop-out rates we are experiencing in the institutes of technology. Drop-out rates are high internationally and rates of 20 per cent are not untypical. Anecdotal information, however, from the points commission suggests a considerably higher figure, some claiming a drop-out rate as high as 35 per cent. When in Opposition the Minister regarded this as a scandal which had to be addressed as a priority. It is strange that we have no better information two years later. We are still relying on patchy information about the level of drop-outs.
Why is this happening and what can be done about it? Blanchardstown should look at the causes of this from the outset. If people have come to third level through a non-traditional route, such as post leaving certificate course, there is a need for colleges to go the extra mile in terms of foundation and continuing support to ensure drop-out rates do not occur in those cases.
The Minister should ensure that the resourcing of a college such as Blanchardstown will not be on an automatic pupil-teacher ratio. If the Minister genuinely wants to make this a college which pushes the boat out and encourages participation, he must abandon the mechanistic approach to its funding and look at more flexible models of funding which allow it to do things in an innovative way. I was surprised the Minister did not mention that area in his speech. How is this college to develop into a model which does the sort of things he wishes it to do? There is no indication of strategy in legislation, policy or methods of funding which the Minister will adopt in relation to the new institute in Blanchardstown.
It is extraordinary that the Minister would come into the House with provisions to amend the appointment of vocational education committees but not to deal with the issue which has dogged him for so long – that parents and teachers have no legal right of representation on vocational education committees. We are putting in place legislation to provide underpinning for the vocational education committees involved but we still do not have the simple legislation which would grant parents and teachers the right to representation on all vocational education committees. Deputy Michael D. Higgins has consistently raised this issue. People are concerned that the newly elected local authorities will form committees without consultation and the Minister will have a hard job persuading those committees to accommodate the rights of parents. There is no statutory basis for elections for parents. There will be unnecessary complications in ensuring that, from the outset, parents and teachers are represented on new vocational committees.
Mr. Rabbitte: I move: “That the Bill be now read a Second Time.”
The purpose of this Bill is to challenge and help transform the traditional culture of secrecy that surrounds the conduct of business and public affairs in this country. Is it credible that nobody knew or suspected that all was not well at the Blood Transfusion Service Board? Did nobody in the Department of Agriculture and Food know or suspect illegality and malpractice in the beef industry? Did nobody know or suspect the consequences of Army personnel being exposed to hearing damage? Following 30 years of serious allegations, analysis and criticism of the planning system, especially in the Dublin area, is it believable that nobody in the system ever stumbled across any wrongdoing as regard illegality and malpractice as alleged against certain financial institutions? Did nobody in these institutions know what was going on? To all of these questions most right thinking people believe that people did know or at least had their suspicions but the consequences for career, family and livelihood of whistleblowing are so severe that people are prepared to turn a blind eye.
It is not difficult looking over the history of whistleblowing to understand this reaction, but on the other hand the consequences of turning a blind eye can be devastating in terms of the cost, human and financial. Therefore, what I am proposing is a set of new statutory rights for employees, whether in the public or private sector, to report and transmit information they receive of illegality or malpractice which they have discovered in the course of their employment. This is an essential step to restoring confidence in our major institutions, whether industrial, financial or governmental.
Under the provisions of this Bill any employee who blows the whistle on fraud or malpractice will be entitled to protection against dismissal or any other sanction which his or her employer attempts to impose. These rights are essential if we are serious about ending the nod and wink culture that permeates certain sectors of Irish business and public life. The Bill, if enacted, will radically challenge the culture of secrecy that surrounds much of Irish business and public life. It provides legal protection to employees who have good reason to report dubious practices to regulatory authorities such as the Garda, the Central Bank and the Revenue Commissioners. Employees who make such disclosures in good faith will be protected by the law from civil liability and discrimination in their employment up to and including dismissal.
Events of recent years have demonstrated that the legal position at present discourages individuals from reporting what they believe to be [220][221] serious offences or major failings on the part of their employers. These are usually failings that have a definite public interest dimension. I could give many examples, both at home and abroad, dating back to the arms crisis when surreptitious communications at that time had to be held with the then Leader of the Opposition, Liam Cosgrave, by certain civil servants. The result was the sacking of Cabinet Ministers and criminal prosecutions.
More recently workers in the beef industry who were aware of gross malpractice at some factories had to hold clandestine meetings in the middle of the night with politicians in an attempt to draw attention to the widespread abuse of European taxpayers' money. To this day these workers live in fear that their careers will suffer if their role in exposing the abuses within the beef industry is revealed.
I am aware also that present and former employees of National Irish Bank who had originally approached the Revenue Commissioners with information on what they considered to be corporate malpractice believed that insufficient action would be taken about it by that body and therefore they believed they had to release that information to RTE. Without the assistance of Mr. James Gogarty the Flood tribunal would have been unlikely to have brought certain information into the public domain. The motives of an individual may vary. There may be a backdrop involving ongoing rows and bitterness. That is inevitable. The important consideration, however, is that no trace of legal sanction should be raised against someone who eventually decides to perform his or her civic duty and to reveal some form of illegal activity or malpractice.
The Whistleblowers Protection Bill is designed to give legal protection against persecution and discrimination to workers who find themselves in such situations. Many abuses occur in Irish life. Many abuses have occurred in Irish life due to the fact that no one shouted stop. This is just as true also in the business world as it has been proven more radically and tragically to be true in the area of institutional care. This Bill will challenge that culture. I acknowledge the role played by Deputy Shatter and the Government in accepting the Shatter Bill in ensuring that whistleblowers operating in the area of child care and in the monitoring of or interacting with those involved in that profession would be protected in their jobs so long as they acted reasonably and in good faith.
Primarily, the Bill supports individuals who make disclosures to relevant authorities which have a regulatory, supervisory or investigative role. It is not designed to encourage anyone as a first resort to run straight to the media with information received in confidence in the performance of their duties. However, recent revelations regarding abuses in, for example, the banking sector and the planning system point to the fact that [222] our regulatory authorities must have access to information to investigate serious issues of public concern. There is an obligation on the State to ensure that individuals who provide such information are not victimised or discriminated against in the wake of their disclosures. This is not a Bill which the Tánaiste – or the Minister of State, Deputy Kitt – should address, wearing her hat for either enterprise or trade because it is an employment and public interest Bill. It is designed to secure rights for any worker, whether on a FÁS course, working in a hospital, a blood bank, a supermarket, a beef factory, a financial institution or a Department, complicit with improper decisions taken by his or her management superiors.
There is a genuine public concern at the failure of the regulatory institutions, such as the Revenue Commissioners and the Central Bank, to crack down on glaring abuses of the system. I share this concern. The Labour Party is determined that the safeguards the State has put in place to ensure decent standards prevail in public and commercial life must work and be seen to work. I do not particularly want to single out the Revenue Commissioners and the Central Bank as I am conscious that allegations made against certain financial institutions are the subject of inquiry by a committee of the House, the Committee of Public Accounts. Whereas that committee may be investigating the quantum, for example, of moneys due to the State evaded in taxation and whether there was an agreement or an understanding of any kind between the Revenue Commissioners and the financial institutions concerned, I do not think it is seriously contested by anybody that there was significant tax evasion or significant underpayments to the State during the years which are the subject of the ongoing inquiry and an imminent report due from the Comptroller and Auditor General. Nonetheless, it appears to be accepted that under-returns to the Exchequer were extensive in those years.
The Bill will greatly assist in this process. It supports the individual against the might of major companies and institutions, public and private. It upholds the right of the individual to draw attention to abuses which affect all of us and it is worthy of the support of all Members of the House. In particular, the Tánaiste is under an obligation to accept the principle behind the Bill and I welcome the news today that the Government is likely to do so.
Since taking office, the Tánaiste has instituted 13 different inquires regarding low standards in high places in certain businesses. While the Tánaiste has not yet delivered on her often promised determination to make public the findings of these inquiries, she has alluded to her shock at the level of abuse of company law which her inquiries have unearthed. She has already endorsed former Deputy McDowell's company law report containing the proposal for a new company law enforcement office. The effectiveness of this proposed regulatory body will be fundamen[223] tally defective unless the provisions of the Labour Party's Bill are implemented in tandem with the new legal regime the Tánaiste is proposing for Irish business.
Provisions along the lines of those contained in the Bill which I am introducing on behalf of the Labour Party were originally to have been included in the Freedom of Information Act, which was steered through the Dáil by my former colleague, Eithne Fitzgerald, when she was Minister of State in the Office of the Tánaiste. I am open to correction but I understand the complication which arose at that time was that the freedom of information legislation was intended to deal solely with the public sector, including Departments, local authorities, health boards etc. However, this aspect is much more wide-ranging because it could impact on any employer-employee relationship in the public or private sector and it would not have sat comfortably in the same Bill.
Apart from anything else, two different Departments would have been involved in overseeing the implementation of the two different aspects of the one Act, the Department of Finance with regard to freedom of information in the public service and the Department of Enterprise, Trade and Employment with regard to employee protection in whistleblower cases. Nonetheless, I take this opportunity to acknowledge the ground-breaking work done by former Deputy Eithne Fitzgerald on the issue of whistleblower protection and to place the Bill in the context of the commitment to openness, transparency and accountability which produced the Freedom of Information Act, the Ethics in Public Office Act and the reforms of the Electoral Acts which govern disclosure of donations and expenses at elections and cap expenditure at all elections except, as a result of the most recent legislation introduced by the Minister, Deputy Dempsey, the recent local elections.
In considering the Bill, the first question members of the public may ask is what is a whistleblower? The best description I have read is on a website run by a US organisation called the Government Accountability Project. This project describes its mission as to protect the public interest and promote government and corporate accountability by advancing occupational free speech, defending whistleblowers and empowering citizen activists. Increasingly, it also advises public agencies and legislative bodies in the United States. Its legal director, Mr. Tom Devine, writes as follows:
Like a referee blowing the whistle in the presence of a foul, the whistleblower in the corporate or federal arena believes he or she has credible evidence of wrongdoing that bears exposure. Such wrongdoing may be illegality or fraud, gross mismanagement or waste, or a specific danger to the health or safety of the public or the environment. Whistleblowers are almost always endorsed by politicians as cham[224] pions of justice, but their message is not always welcomed by those challenged by the disclosure.
The decision to blow the whistle in the public sector is an intensely personal one, and brings into focus the conflict between loyalty to the employer and far-reaching consequences that could result from remaining silent. Despite our society's embrace of freedom of speech, those who have the courage to voice dissent often end up as martyrs. When this happens there are no winners: the dissenter may lose his or her career by taking on the system, and, by silencing the messenger, the organisation often covers up what could be the first warning signal of a subsequent disaster. The result may also discourage others from speaking up about the problem.
Mr. Devine goes on to analyse the possible motives of a whistleblower which, as I mentioned, may not always be perfect. He writes:
Whistleblowers cannot be stereotyped as either role models or vengeful, disgruntled employees. Motivation can range from the most altruistic to the most self-serving. Some whistleblowers are conservative, others are liberal; some are braggarts, others self-effacing; some are gregarious, others are painfully shy.
Their jobs range from maintenance positions to seats in high management. What they have in common is that they have learned something that they are unwilling to keep to themselves, and they have chosen to act on that knowledge.
Deciding whether or not to expose a suspected fraud or wrongdoing at work is difficult, and brings to light a slate of seemingly contradictory values. We don't like cynical troublemakers and naysayers, but we also have contempt for busybodies, squealers and tattletales. We condemn just as strongly those who “don't want to get involved”, claim to “see nothing” or look the other way when something wrong happens. And, while we believe in the individual's right to privacy, we simultaneously fight for the public's right to know.
The conflict brings up personal issues of loyalty and livelihood. Loyalty to one's family is an instinct as much as a duty; as such, we believe that we shouldn't bite the hand that feeds our family by turning on our employers. However, few would disagree that we all have a duty of loyalty to the public trust, the law and our communities. That's the heart of our duty as good, patriotic citizens.
The responsibility of public disclosure is a thorny ethical question. If an employee has evidence of an employer's illegal or dangerous activities and does not take action, is he or she acting in complicity? To what extent does the silent employee bear some of the guilt? The responsibility of taking on the system is a grave one – the outcome is not guaranteed to rectify the situation, and the whistleblower may suffer serious personal consequences.
[225] These are very real issues which arise for any prospective whistleblower. Legitimate issues arise for the State and for business. We do not want to write a charter for cranks and malcontents, still less for those who have the least interest of their employers at heart and may even be out to sabotage those interests. A balance, therefore, must be struck and I have attempted to strike such a a balance in the Bill. However, this is not the first Legislature to address this issue. Even before parliaments turned their attention to this question, the courts in various jurisdictions had to consider the matter.
A number of people have made submissions to me since the Bill was first published and I acknowledge those contributions. As the Government has agreed not to oppose the Second Reading of the Bill, I will come back to those submissions on Committee Stage. I am grateful in particular to Ms Estelle Feldman, a research associate at the School of Law, Trinity College, for allowing me to assimilate from some of her published and as yet unpublished material on this area. I do not attribute to her any responsibility for defects in the Bill – in fact, she has pointed out some already.
The leading whistle blowing case in these islands, Gartside v. Outram, dates back to 1856. The employers, who were wool brokers in Liverpool, carried on their business in a fraudulent manner. One of their employees, a sales clerk, blew the whistle, notwithstanding that under the law at the time, any breach whatsoever on the part of a servant of the contract of employment with his master was a criminal offence liable to three months' imprisonment. The court gave the following judgment:
The true doctrine is that there is no confidence as to the disclosure of inequity. You cannot make me the confidant of a crime or a fraud and be entitled to close my lips upon any secret which you have the audacity to disclose to me relating to any fraudulent intentions on your part. Such a confidence cannot exist.
This line of thinking was followed by our Supreme Court as recently as last year, in the litigation involving National Irish Bank and RTE. In that case the court held that, while there was a duty and right of confidentiality in the relationship of banker and customer, this was outweighed by the public interest in defeating wrongdoing through the publication of information relating to allegations of serious tax evasion. No doubt all Members of this House welcomed that especially important judgment, which recognises the bond of confidentiality which constitutes the relationship between customer and banker while acknowledging the overriding significance of the public interest in defeating wrongdoing.
However, the NIB case, although it is certainly of benefit to RTE and other media, did not deal with the central issue from the whistleblower's point of view, namely, what would happen if he was caught out? What employment law remedies [226] would be available in the case of victimisation or penalisation? Why did he feel it necessary to approach a TV station in the first place? What would have happened if he had approached the regulatory authorities of the State with his information?
As long ago as 1978 the US Congress considered this issue and passed the Civil Service Reform Act of that year, to provide relief against reprisal for blowing the whistle on mismanagement, waste, fraud and abuse in the Federal Government. That Act was updated and reformed by the Whistleblower Protection Act, 1989.
In the United Kingdom, a country with a Government and establishment almost as notoriously secretive as our own, a Public Interest Disclosure Act, 1998 – originally a Private Members' Bill – was adopted by the Government and enacted last year. An interesting aspect of the adoption of that Bill by the British Government was that its passage was supported also by the Institute of Directors and the Confederation of British Industry.
This is a serious issue, as yet not dealt with here, which deserves legislative attention and which should not be tackled lightly. I do not claim to have written the final word in this area; if the Bill enters Committee Stage, I will move amendments to it. On Second Stage, I ask the House to accept the general thrust and purpose of this Bill and to agree that its provisions deserve further consideration. If so, we can, on Committee Stage, thrash out the consequential issues which are bound to arise. I am not married to any form of wording.
As is traditional I will now outline the main provisions of the Bill. Its purpose is to provide protection from civil liability to employees who make disclosures in categories listed in the Bill, so long as those disclosures are made “reasonably and in good faith”. I stress those words and reiterate that I am not advocating a free for all for rogues or malcontents in our business and commercial world, still less in the public services – there are no rogues or malcontents in the public service. Many Members will agree with the views of the English Law Lord, Lord Wilberforce, expressed in a case involving British Steel and Granada Television. He pointed out that “there is a wide difference between what is interesting to the public and what is in the public interest to be made known”.
The Bill also would prohibit the penalisation of employees by their employers where disclosures are made. It lists the persons to whom disclosures should be made and it specifies the categories of matters where disclosure is permissible. To deal with the first matter, the authorities to which disclosure can be made are listed in section 1 as the Central Bank, the Comptroller and Auditor General, the Data Protection Commissioner, the Environmental Protection Agency, the Garda Siochána, the Health and Safety Authority, the Information Commissioner, the Ombudsman, the [227] Public Offices Commission and the Revenue Commissioners.
I have also included a catch-all provision to deal with updating or amending legislation which provides that disclosure can be made to any other public body on whom or which regulatory or supervisory or investigative functions stand conferred for the time being. For example, it has been suggested to me that I ought expressly to have listed the Competition Authority and the Criminal Assets Bureau. It has also been suggested that I should not have expressly listed any body or person but should rather have a catch-all, governing provision which enabled the widest possible scope of application of the Bill. I would be interested to hear the Minister's view on that point.
Section 2 lists what are categorised as “protected disclosures”. This is based on the recently enacted British legislation and it encompasses any information which, in the reasonable belief of the employee in question, tends to show the commission of a criminal offence, a breach of legal obligation, a miscarriage of justice, the endangerment of the health or safety of any individual, damage to the environment or the deliberate concealment of any information relating to those categories.
Section 3 sets out to whom disclosure may be made. It makes it clear that, in the first instance and so far as practicable, disclosure should be “in house”. An employee should consider making a protected disclosure of information to his or her employer; where a third party might be involved, to that third party; if he or she is an employee of a public body, to the Department of State under the aegis of which the public body operates; and where regulatory, supervisory or investigative functions are vested in another State body, to an officer of that body. There is also protection for seeking legal advice in relation to an employee considering his or her options in such a situation.
It is only if the relevant failure on the part of an employer is, in the words of the Bill, of “an exceptionally serious nature” and, in all the circumstances of the case it is reasonable to do so, that an employee would be protected under this Bill for having delivered an as yet uninvestigated disclosure into the public domain. For example, the persons most likely to receive information under that provision would be a Deputy or a journalist. The courts have ruled on what would apply if the information was disclosed to a Member of this House, in a case stemming from the Beef Tribunal which involved Deputy Spring and myself, in which a ruling of Mr. Justice Hamilton, as he then was, was subsequently judicially reviewed. The view has been endorsed that not only should a Member of this House not disclose the identity of his or her informant but, in the circumstances encompassed by that judgment, he or she has a positive duty not to do so. The debate on this section will, therefore, probably concentrate on the role of the journalist who [228] mediates such information into the public domain in these exceptionally serious circumstances.
In judging whether it was reasonable to make such a public disclosure, the Bill provides that regard should be had to whether the employee made the disclosure for personal gain; whether he or she reasonably believed that a penalty or detriment might otherwise have arisen; whether he or she reasonably believed that there was no appropriate supervisory or regulatory body to which to report; whether the employee reasonably believed that relevant evidence might be concealed or destroyed; whether the employee had previously made a disclosure of much the same sort of information and, if so, the outcome; and the identity of the third person to whom disclosure was made.
Section 4 provides protection from civil liability for employees who make protected disclosures. In other words, they cannot be sued for breach of any express or implied term in a contract of employment relating either to official secrecy or the business confidentiality of the employer. Section 5 protects employees from discrimination in their employment, having made a protected disclosure, up to and including dismissal. The avenue of redress for such an employee is by way of complaint to a rights commissioner, with provision for further appeal to the Employment Appeals Tribunal. The Commissioner or, on appeal, the Employment Appeals Tribunal can direct the employer to take specific steps such as, for example, the reinstatement or re-engagement of an employee or the payment of compensation.
The final sections deal with standard and somewhat technical matters to assimilate the new legislation into the general employment protection code. Framing a code that would give expression to the principles behind this Bill and supporting it in the discussions between the social partners would probably do as much as the legislation to change the culture that exists at present. It would attract the allegiance of both sides of industry. I have received a fair amount of criticism for the provision for reinstatement and re-engagement in the Bill or, alternately, compensation since the Bill went into the public domain. Re-engagement or reinstatement may not be practicable in many situations. To use a phrase from another area of law, there may be an irretrievable breakdown of relationships and it may be probable that re-engagement is not practicable. Therefore, the quantum of compensation is probably underjudged in the Bill, given the implications for a whistle blower in certain circumstances, based on United States surveys, for example. The cost to one's career can be extremely severe.
There is in Irish culture and society, including Irish business and political culture, a strong tradition of not only turning the blind eye but also of regarding whistle blowing as actually undesirable and even heinous. Ideas of citizenship, civic purpose, even ethics and ethical behaviour are not deeply rooted in some sections of Ireland's business community and in parts of the political sys[229] tem. The pursuit of the quick buck, the nod and wink, cutting corners, whether in dealing with individuals, the State or customers or clients, is unfortunately too much part of some sections of business and certain parts of political life.
The secret arrangement, the private understanding, the gentle, and not so gentle twist of the arm and even the occasional £50,000 appear not to be unheard of in some areas of commerce and certain parts of political life. All this does not simply describe the separate worlds of commerce and politics. It is also a feature of the interaction between politics and public administration on the one hand and business on the other.
Thankfully this is not Sicily. The space in which corruption germinates is not that between politics and public administration and organised crime. However, our circumstances might actually be argued to be worse in that professedly law-abiding people, bodies and organisations have this underside that we have now spent quite a few years and many tens of millions of pounds examining, investigating and pursuing. The hair on the back of the Tánaiste's neck has been made to rise by what she has uncovered in her investigations.
There are those who say that it is all history, that it is in the past and should be forgotten, that tribunals and forensic examinations are self-flagellation, inappropriate to our successful economy and even unpatriotic. We should, according to this view, get on with things, be positive and put it all behind us.
Those of us who continue to raise issues of accountability are accused of raking over old coals, being engaged in mischief and pursuing private agendas. However, who is really pursuing private agendas and is it all in the past? We have just seen a Taoiseach's adviser having to resign. We have also seen a major benefactor of Fianna Fáil unlawfully demolish a piece of our architectural heritage in the good old style of the 1960s, reducing a streetscape to rubble on a bank holiday weekend morning. We have a Tánaiste who is in danger of disappearing under a mountain of investigations under the Companies Acts. Oireachtas committees are working overtime in conducting hearings and investigations into a range of what might elegantly be called phenomena. We have seen a former public official being arrested coming off a flight from the Isle of Man with a bagful of money. There is more – much more. The Minister for Finance got off the leash on “Questions and Answers” and ridiculed the preoccupation with purging these events. This is a reversion to type for the same Minister who pooh-poohed the RTE disclosures of wrongdoing in the banking system.
Notwithstanding the Minister for Finance's well known attitude, I welcome the Government's response.
Mr. C. Lenihan: The Deputy should not overstate his case.
Mr. Rabbitte: The political environment [230] demands nothing less. After all, the Taoiseach has promised additional legislation in this area. He has promised to impose codes of conduct on all of us because apparently Fianna Fáil must be protected from itself. If that is the case, this is a valuable contribution along those lines.
I referred earlier to Ms Estelle Feldman who has written about what it means to be a whistle blower It can be a very uncomfortable and costly position. She wrote in an unpublished article:
The extraordinary stress of spending every waking moment in this world, where reality has been inverted, is bound to inflict enormous damage on the individual's health, mental and physical. The longer the fight continues, the greater is the harm experienced and there is no doubt that it is a devastating and dysfunctional experience. The campaign to discredit may result in individuals suffering periods where there is an almost total erosion of self. After all, how many of us could withstand a continuous devaluing of our person and denial of respect for our achievements and still maintain self-esteem or, indeed, sense of self? No matter how many people say “Hang on in there” and “Don't give up”, they are not the ones exposed to institutional anger and an organisation that is ready to pounce on the slightest error. Perhaps this is the ultimate paradox for the whistle blower to deal with: condemned on the one hand for highlighting an error that the organisation will not admit to, and condemned on the other for committing far less serious errors forced by the consequences of this self same condemnation.
That partly explains the dilemma of the whistle blower why we should take a supportive role in this regard and provide the statutory safeguards listed in the Bill. I look forward to elaborating on these on Committee Stage.
Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): I welcome the opportunity to address this issue of providing protection to employees who blow the whistle on their employers by reporting to the appropriate authorities dubious practices in the conduct of their business affairs. I fully support any meaningful measures to increase the protection of workers and, therefore, I will not oppose the reference of this Bill to a committee. However, it is clear that many of the provisions of the Bill will have to be examined more closely and will necessitate further consultation with social partners and other interested bodies. These issues can be addressed before we deal with the Bill in committee.
I feel the need for some measure of caution to ensure that this Bill does not become a crank's charter by being used as a vehicle by disgruntled employees to spread rumours about or make false accusations against their employers for their own reasons. I welcome the fact that Deputy Rabbitte [231] does not wish to be associated with a crank's charter.
This Bill is not the first to address the issue of protecting whistleblowers in Irish law. The Deputy will be aware of my own initiative in the context of the new Copyright and Related Rights Bill which proposes protection for whistleblowers in the fight against copyright piracy. This Bill also closely resembles the safeguards provided for the reporters of suspected child abuse in the Protection for Persons Reporting Child Abuse Act, 1998.
In an ideal world, where information and consultation is the norm and the working environment is open and transparent, this legislation would not be necessary. However, human nature being what it is, measures such as those envisaged in the Bill may be necessary as a last resort to ensure that a small minority of employers must answer for certain dubious practices in the conduct of their business affairs. Good employers, however, who respect the practice of information and consultation with their workers need have no fear from the implementation of the measures envisaged in the Bill.
Deputy Rabbitte, who once had ministerial responsibility for labour affairs, will acknowledge that good work has been done in many companies, supported by the social partners, where a culture of trust and greater openness is being actively promoted with considerable success and where consultation and communication mechanisms are being greatly improved and new structures are being put in place. I have witnessed these developments on my visits to many companies, some in the Deputy's constituency. As Minister of State with responsibility for labour affairs, I have advocated and promoted such an approach at every available opportunity. I want to see issues discussed and problems dealt with at workplace level. Much more work needs to be done and the more work that is done the less that will be left for the whistleblower.
The Bill lists a wide range of regulatory bodies to whom disclosures may be made. These include the Central Bank, the Revenue Commissioners, the Garda Síochána, the Environmental Protection Agency and the Health and Safety Authority. The Deputy asked a question regarding the number of regulatory authorities. I will take legal advice on that matter and we will deal with it at a later stage. The relevant Departments and the bodies listed in section 1 will have to be consulted and their views taken account of before the next stage of the Bill.
Section 3 lists the persons to whom protected disclosure may be made. This is a very broad list and needs to be examined in detail. Are all officers in a public body “appropriate officers” under the Bill or is it intended that “appropriate officers” are designated for the purpose of the Bill? These are details which will have to be discussed with the bodies concerned. The section also allows for disclosures “of an exceptionally [232] serious nature” to be made to “some other person”. This provision needs to be examined in more detail.
Section 4 provides protection for an employee from civil liability for having made a protected disclosure. This provision will need to be checked to ensure that it provides full civil protection to an employee while ensuring that this statutory immunity will not change in any way the defences already available to persons under common law.
Section 5 protects an employee from being penalised by an employer for having made a protected disclosure. This provision will need checking to ensure that it does not duplicate certain protections that are in place for some time for such employees under the provisions of the Unfair Dismissals Acts, 1977 to 1993.
The unfair dismissals legislation currently provides protection against unfair dismissal for certain employees if their dismissal results wholly or mainly from civil proceedings, whether actual, threatened or proposed against the employer to which the employee is or will be a party or in which the employee was or is likely to be a witness and criminal proceedings against the employer, whether actual, threatened, or proposed, in relation to which the employee has made, proposed or threatened to make a complaint or statement to the prosecuting authority or to any other authority connected with or involved in the prosecution of the proceedings or in which the employee was or is likely to be a witness.
This Bill is mirrors closely the Protections for Persons Reporting Child Abuse Act, 1998. Similar to that Act, this Bill provides protections for persons making certain reports reasonably and in good faith. It provides protection and an avenue of redress for employees against being penalised up to and including dismissal. It covers all employees, including agency workers, with no minimum service requirement, including those at present excluded from the provisions of the unfair dismissals legislation.
At present, if whistleblowing employees are penalised, short of dismissal, they are limited in the action they can take. It would be open to them to refer the matter of the dispute with their employer to a Rights Commissioner under the Industrial Relations Act, 1969. However, as this is in the industrial relations area, the employer cannot be compelled to attend. The employee may then refer the matter to the Labour Court under section 20(1) of the same Act. However, the employee must agree to be bound by the findings of the court which may not be legally enforceable.
The above access under the Industrial Relations Act covers those employees who come within the definition of worker in the Act, which definition specifically excludes certain categories, including most civil servants, teachers etc. and does not include agency workers.
In examining the Bill further, I would propose, in particular, to consider carefully the necessity [233] to guard against false information being given maliciously in the context of the proposed protection of the Bill. While Deputy Rabbitte's Bill offers protection to all employees who make certain disclosures “reasonably and in good faith”, it does not appear to address the question of dealing with persons – for example, disgruntled employees or ex-employees – who deliberately and with malicious intent set about providing to any or all of the regulatory authorities named in the Bill, false information in respect of their employer or ex-employer.
Under the Constitution, a person is entitled to the protection of his or her good name. Article 40.3.2. provides that “the State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name and property rights of every citizen”. The Supreme Court has held that the State has a duty under this Article by its laws to prevent the infringement of personal rights. While the employee's rights must be protected, the personal rights of the employer must also be protected from unsubstantiated attack.
In examining this issue, I will look at the possible relevance of the whistleblowers provision in the new Copyright and Related Rights Bill. This provision, in section 127 of that Bill, contains a protection for whistleblowers in the interests of encouraging persons to help in curbing copyright infringements and to assist in the fight against copyright piracy. The provision in question ensures the protection of the identity of persons who provide copyright owners with details of where infringing material may be found. However, subsection (5) provides that a person who is wrongfully accused of copyright infringement may obtain damages against an applicant for a court order to seize infringing material, provided malice is proved. It may be desirable to provide for some such safeguard against malicious action in this Bill.
I note in passing that there is no provision in the Bill, as currently drafted, for a statute of limitations. This is something that will need to be addressed. I presume the Deputy would not wish to have the stringent provisions of this Bill applied retrospectively without any regard to time limitation.
A large number of questions need to be considered before this legislation can be enacted. The chief regulatory authorities to which “protected” disclosures may be made, as outlined in section 1, must be consulted. We also need to receive the views of the social partners on this issue. Consultations with the parliamentary draftsman's office will obviously be required. The outcome of these deliberations can be reflected upon on Committee Stage. I have, however, no problem in accepting the spirit in which the Bill is put forward and the principle of protecting employees' rights. I fully support the objective of improving the rights of such employees. As regards future actions, it would be useful if I and my officials could maintain regular contact with Deputy Rab[234] bitte with a view to co-operating to ensure that the resultant Bill contains the best legislative proposals that can be put in place to protect persons from retaliation by their employers for reporting dubious practices to the appropriate authorities.
Mr. C. Lenihan: I welcome the legislation proposed by Deputy Rabbitte. I suppose he would characterise himself as a self-styled whistle blower in relation to our political system. Sometimes, however, he acts as a whistle blower without having the fairness of a good football referee, and he overstates his case. At the end of his speech he was straying into the area of political morality and ethics, suggesting that Fianna Fáil needed to be protected from itself. My party does not need to be protected from itself, nor does it require the protection of Deputy Rabbitte.
I welcome the legislation, however. There is an argument to be made that Dáil Éireann is the proper place for whistle blowers to make allegations that are so dangerous and sensitive, even in a corporate context, that employees themselves will not come forward. There is an argument to be made for limited legislation to provide the kind of protection afforded by the witness protection programme in matters relating to serious criminal activity, and extending that in a limited way to the corporate sector.
We live in a global economy with large corporate players who can quite easily transgress the rights, not just of their employees but also of thousands of customers and other ordinary people. We have seen that in environmental disasters like the one at Bhopal in India. In Nigeria and other areas we have seen companies that have nakedly transgressed the rights of ordinary individuals. It is important, therefore, to introduce this type of legislation domestically, although we have not had such serious problems.
I note Deputy Rabbitte's comments about re-engagement. It would be rather impractical if a whistle blower in a small private company, for instance, were to seek the potential protection afforded by this legislation and then find him or herself back in the company with the same set of characters. It is not entirely impractical, however, to have a process of reinstatement for an employee who blows the whistle. If a whistle blower came forward in the public sector, for example, there might be a change of leadership in that company which would subsequently validate the whistle blower's actions. It is not entirely implausible that a whistle-blowing employee could actually be re-employed by a more enlightened corporate leadership which discovers, albeit in a delayed manner, the wisdom of the whistle blower's points.
When the Minister confers with the social partners it will be important to take this into consideration. As regards whistle-blowing legislation, there should be a clear demarcation between the public and private sectors. There is a vast difference in the type of accountability that applies to both areas. If publicly quoted companies are [235] going about their business in a negligent, criminal or other manner that is invidious to the public interest, they tend to be punished in the long run by the market itself. Markets tend to be good regulators of corporate behaviour. There has been a movement within the global corporate sector towards the idea of business ethics and mission statements as well as ethical statements for senior executives.
The role of the internal auditor in such organisations is important. Like myself, Deputy Rabbitte serves on the Committee of Public Accounts. One of the major frustrations in the early, voluntary phase of the committee's investigation into the banking sector was the fact that AIB's internal auditor, Mr. Anthony Spollen, could not be brought before the committee to give his version of events. When the subcommittee of the Committee of Public Accounts goes into the compellability phase of its investigations I suppose that will become an option. Perhaps the facts will be clarified in relation to the controversial internal report that occasioned such widespread clamour both from the committee and the Oireachtas generally.
Full protection needs to be afforded to a whistle blower who raises an item of genuine public interest where a public or private company is acting in a manner invidious to the public interest. However, this legislation should not stray into the area of criminal activity. Corporations or business people can commit certain categories of criminal offence and these should be separated from whistle blower's legislation. Where there has been criminal activity – some people have referred to the activities in the beef sector over the years – such matters should more properly be included in anti-racketeering legislation. Where a large public or private company is engaged in activity bordering on the criminal, it should be brought under the ambit of anti-racketeering legislation. That is a far more appropriate sanction for business people who stray close to the criminal world.
Whistle blowing has been the very definition of politics over the last two years since I became a Member of this House. In fact, my maiden speech was dominated by that particular subject. We have had a great number of scandals, and what is happening in the political sphere is not always mirrored in the business community. One thinks of the Charles Bowden case and that involving James Gogarty. Deputy Gregory has used the Dáil as a whistle-blowing Chamber in terms of drug pushers. He has played a very positive role in that respect.
We should not lose the run of ourselves, however. We must not come to the view that in some way business, commercial activity or any involvement in trade is a form of licensed thievery. There are people who make a reputation of trying to pretend that the business community or corporate sector generally represents some form of licensed thievery. While I might have included [236] Deputy Rabbitte in that category ten years ago, I would not do so today. The reality is that the position Deputy Rabbitte and The Workers' Party, of which he was then a member, occupied ten years ago is now occupied by Deputy Joe Higgins. He takes that viewpoint but it is not one that is shared by Deputy Rabbitte.
Corporate citizens have rights too and they have to be protected. As the Minister of State clearly said, it is easy for a disgruntled employee to raise false allegations against a business, and it is hard for a business to protect itself against that. For instance, not many public companies could have withstood the welter of allegations which were thrown at the Goodman companies in this very Chamber. Many such companies would have gone down in those circumstances. Their share price would have plummeted and they would have been unable to protect themselves from such allegations, some of which were true but others blatantly untrue. For that reason it is important to distinguish between the public and private sectors.
We must consider consumers' interests. The last few months have been characterised by various stories and allegations against banks and supermarkets relating to – and I am not suggesting it is the case, but it would appear to be – systematic skimming of the customer. This is a dangerous phenomenon and there is a need for proper enforcement to ensure it does not happen. Whistleblower legislation may prove useful in this regard. Few of those who work in the retail sector are protected by a trade union. What rights would an enterprising and resourceful checkout operator have in bringing to public notice systematic overbilling in the company for which they work and still retain their job? A businessman for whom I worked who had Norwegian partners once said at a staff meeting, “This is not a democracy.” He was correct in that corporate structures do not lend themselves to democratic activities.
The Bill will be best served if Deputy Rabbitte and the Minister of State, in co-operation with the social partners, devise a strict definition of the public interest. It should only be invoked in limited circumstances, for example, where the public interest is in jeopardy because of the behaviour of a corporate entity. It should mirror in spirit, if not in detail, the provisions available to the Garda Síochána and the courts system under the witness protection programme. In general, the definition should include health issues among others.
In the famous Hoffmann Liroche case, the subject of the dramatic drama documentary “A Song for Europe”, a senior executive discovered systematic evasion of European competition law within the drug company which has spent the best part of 15 years trying to remove the stain on its corporate reputation. The individual concerned subsequently won his case in the European courts [237] but had to wait far too long for compensation. His family was ruined as a result.
While the case means there is protection at European level for those who decide to blow the whistle, it places in stark relief the singular problem in this area. Having informed the European Competition Authority of what was happening in Hoffmann Liroche the individual concerned was urged to remain in the company to gather further evidence to back up the case he was making about the systematic breaching of EU competition directives.
That is the dilemma presented by the Bill. What will happen where a senior executive in a large company decides to blow the whistle but does not have the evidence to back up his claims? Will the legislation allow him or her to remain in place and gather evidence on behalf of the authorities? This raises huge justice issues and will have to be carefully monitored. The last thing we want is an unclean corporate sector.
I understand there is similar legislation in the United States where ethical standards are high among publicly-quoted companies, mainly because the financial markets are strong and, unlike those in Europe, can inflict serious punishment and penalties on an errant corporate entity. Irish and European businesses operate within a different ethical environment. We may be evolving towards that model but we will have to tread carefully.
I recall the significant debate on the additional powers given by the Minister for Finance, Deputy McCreevy, to the Revenue Commissioners to investigate serious tax evasion. I suspect this was opposed by my colleague, Deputy O'Flynn. The Revenue Commissioners should have such powers with the caveat that they be invoked only in bona fide cases of serious tax evasion. The same should apply to any legislation dealing with whistle blowers.
In welcoming the legislation Mr. Liam Coughlan of the ACCA made a relevant point about the role of accountants. It is important that the Government consider a stronger reassertion of standards and give recognition to properly constituted accountancy bodies. The accountancy profession is slowly evolving towards a world standard in accountancy practice. While efforts are being made to harmonise standards at European level, there should be a push for a global standard. It is appropriate that accountancy standards be reasserted. The financial controller is the key person on whom it should fall to ensure his or her company is compliant.
Mr. O'Flynn: The vast majority of employers and employees are decent and hard working. There must be respect and trust between employer and employee. If the relationship sours, it will be impossible to rebuild trust. This legislation may alarm even the most law-abiding employer. As an employer, I have no problem with providing protection in law for an employee who reports sharp practices, but the Bill should [238] not be used to damage a legitimate employer, cause upset or disrupt business. False accusations can be very damaging to a business person or company. There are disgruntled employees who are protected by the Unfair Dismissals Act. I agree with the Minister of State that we should tread carefully. I hope he will consult with all the employer and employee bodies prior to Committee Stage and arrive at a consensus acceptable to both sides.
I will use the word “whistleblower” only once. How will a complaint be made and monitored? Does someone make a complaint? Is the employer notified in writing or does he arrive in the morning to find a team of inspectors outside the gate because the smoke from his chimney is affecting the environment or because he did not place a guard on a machine which is a danger to employees? I wonder what sort of system will be put in place.
An Leas-Cheann Comhairle: The Deputy's time has concluded.
Mr. Stanton: A Leas-Cheann Comhairle, we would be interested in hearing the Deputy's comments for another few minutes.
Mr. O'Flynn: I thank the Deputy. I am not against legislation which protects employees, but who will protect employers from false and malicious complaints? We have to think this issue out clearly and put in place a system of checks and balances before anyone enters an employer's premises or before an employer is embarrassed by false accusations of wrongdoing. The Garda Síochána, the Revenue Commissioners and the Health and Safety Authority have adequate powers to impose a regime of checking health and safety procedures in businesses, if they would only use them. The Garda Síochána has its own powers and ways and means of entering businesses.
I welcome the Minister of State's words of caution. There are bad employers who engage in sharp practices but they are few in number. I have been surprised that these employers are not just those who have two or three employees but some are large corporate bodies. However, before passing this legislation we should consult widely and look at all aspects of this issue and the importance of protecting the good name of employers and employees.
I would hate to think that all employees would be treated badly because one employee falsely reported an employer, or that employers would not trust any employee. We do not want a repeat of George Orwell's 1984.
Mr. Stanton: I wish to share my time with Deputy Perry.
An Leas-Cheann Comhairle: Is that agreed? Agreed.
Mr. Stanton: I commend the Labour Party on [239] introducing this important legislation. This Bill is more complex than it seems as shown by this debate and we must be careful in how we proceed. This is a start and it is healthy that all sides have agreed to work together to bring forward the best legislation possible. One of the reasons I gave way to Deputy O'Flynn was that I wanted to hear the employers' side of the argument.
This is important and complex legislation with potentially far-reaching consequences. The Bill is almost identical to legislation introduced in Britain. I have a little difficulty with the use of the word “whistleblowers” in the title as it may diminish the importance of the legislation. In Britain the legislation was called the Public Interest Disclosure Act which lends more weight than “whistleblowers”. However, we can deal with that issue later as the title may be a little disarming.
I would like to look at some of the broader issues. An employee is almost on his or her own if they discover something wrong, a legal problem, a problem which poses a health risk to other employees or the public, or the other scenarios listed in the Bill. At present that employee has no one to turn to for advice. Perhaps this legislation should include some supports for employees so that they can obtain confidential, legal advice as to whether they should progress further a complaint. This is an important issue as it would provide safeguards such as those mentioned by the Minister of State and Deputy O'Flynn. It would be better if an employee could be guaranteed that the complaint had substance by obtaining the advice of a third party. The Minister of State should consider setting up such a confidential mechanism.
Other jurisdictions have whistle blower hotlines by which people can telephone and say “I am working in a company in which this or that is happening; do you think I should go further with this complaint?” These supports should be available throughout the entire process. There is no point in passing this kind of legislation if the employee is left hanging. This issue may not have been mentioned in the debate and, perhaps, it should be examined.
Deputy Rabbitte stated that this legislation throws up many thorny, ethical questions and alluded to serious personal consequences for employees. I agree with the Deputy's assertion that an employee may or may not find it easy to be reinstated, perhaps giving rise to the issue of compensation. Who adjudicates in such cases of compensation? An employee who makes a complaint may not be able to continue to work in the company involved. The law stipulates that they can continue to work there but in practical terms they may be unable to do so because people may not talk to them. One cannot force people to talk to someone and it is not against the law not to do so. How does one deal with this situation?
The law may stipulate that an employer must give the employee his or her job back. The [240] employer may deal with the employee in a civil manner but that is no good if the employee's life is a misery. The employee will have done a public good by exposing fraud or some wrong and gets to keep his or her job. However, they may not be able to stay in that job and it may be difficult to prove victimisation.
I commend the Minister of State on dealing with the issue of bullying in the workplace earlier this year, and this issue is related. It is a nebulous and difficult area with which to deal. On Committee Stage we must take a lot of time dealing with these real and human issues. We may not easily be able to legislate for them but they will have to be tackled and dealt with.
I wish to take a risk and push the boat out a little further. Why should any employee who sees that something is wrong take a risk by blowing the whistle? What is in it for them? If one is working in a good job with money in one's pocket and good prospects, why should one bother to blow the whistle if one sees something wrong? We are going some of the way in this legislation by ensuring that people will not be victimised, up to a point. However, perhaps we should go a step further and include a provision to encourage people to blow the whistle. This is going further than Deputy Rabbitte suggested by introducing this legislation but I am raising this issue for discussion. We do not want to encourage people to become cranks or to go down the road of getting their own back. We must take on board what Deputy O'Flynn said. It is important to consider how we can protect employers in this regard. Confidentiality is vital. Once the genie is let out of the bottle in terms of an alleged difficulty in a company being in the public domain, it could create difficulties for that company until the matter is cleared up. I urge the Minister of State to consider whether a whistleblower could take his or her complaint to an independent confidential body until it is certain there is a prima facie case to be answered. We must follow that course of action.
I note the Bill states that employees are to be defined in the same way as in the 1984 Act. This would exclude many people, including students. If a student in a third level institution discovers something is radically wrong, which could be the case, will he or she be protected on blowing the whistle? This area is covered in the equivalent British legislation and we should also examine this aspect.
When this legislation is passed in whatever amended form, it is vital the public should be educated about its rights in this regard. I call on the Minister of State to educate employees and employers as to their rights and responsibilities if they set about making disclosures about corporate or Government misconduct, environmental protection measures that might be required or health and safety violations. Legislation we pass often seems to disappear without trace. We should do more to inform the public about its rights and responsibilities with regard to the legis[241] lation that is passed. Such education should be part of the support mechanism for the whistleblower.
We are debating this legislation because we want to root out and prevent fraud and damaging and dangerous actions. We want to protect people of conscience who blow the whistle if they discover the company for which they work or a Government agency or Department is engaging in questionable action.
I commend Deputy Rabbitte for ensuring that, in as far as is possible, the media would not be included at the initial stages. I commend the media for the role it is plays in blowing the whistle. Those working in the media are society's whistleblowers. As the Bill suggests, perhaps it is better to put measures in place to formalise and legalise whistleblowing.
Mr. Perry: I compliment Deputy Rabbitte for heightening awareness about this matter. Like Deputy Stanton, the Bill would be better if it had a different title. The alarmist connotation associated with term “whistleblower” might prove a deterrent for some people. We must be careful to uphold the principle that people are innocent until proven guilty. It is important to ensure there is support for employees and it is equally important to ensure there is support for employers. One is either honest or dishonest in business. If one is dishonest, one should not be in business.
We must be careful with regard to employees. While there are some fantastic employees, there are others who are virtually unemployable. Once they get a job, they can enjoy much protection. In some cases difficulties can arise because of a personality clash and there can be a build up of tension. We must have fair procedure in this regard and it is important that is enshrined in the legislation. We must also be careful with regard to the press.
As previous speakers have said, business people, employers and employees invest a great deal in companies. Ethics in public office and in business is the benchmark of success and it is the only way forward.
Irrespective of whether there is a breach of the health and safety legislation, a problem concerning ISO 9000 or another irregularity, there should be a line of communication within a company to enable an employee, who identifies that something is radically wrong, to bring it to the attention of management and, if the matter is not dealt with effectively, to follow another procedure to ensure it is dealt with.
The Bill refers to an “appropriate officer” who may be a member or officer of the Central Bank, the Office of the Comptroller and Auditor General or the Data Protection Commissioner among others. A large of volume of legislation deals with the rights of employers, employees and others but a good deal of it is not used. We must be careful about enacting new powers without using the [242] powers already in place to protect the rights of employers and employees. Those powers should be exploited fully.
There were two major aspects to the Freedom of Information Act, which came into effect last year. It gave individuals the right to get access to personal information and it imposed a duty on public bodies to provide such information. We are more interested in the latter aspect because it has a significant impact in terms of work on information providers. However, some of the public comment about the operation of the Act focused on the relatively small number of queries under it.
It is important that there should be an awareness of what is correct in business. There was a recent experience of banks that engaged in underhand dealings in terms of hidden charges. It is important that controls are put in place to protect the consumer, but it is equally important that measures are in place to deal with staff members of a company who are aware of wrongdoing and condone it. It would be unique if only one or two people were aware of such dishonesty because I believe such dishonesty may be an agreed policy.
As a business person, I would like to think that the majority of business people I know have the highest integrity. It would be very unwise for business people, whether they work in financial institutions or elsewhere, not to adhere to the highest standards. While I welcome this legislation, if an employee gets the protection of the State it may not be possible to sack him or her. There are, however, other ways of ensuring that it would be impossible for an employee to remain within a company. I would like to think that all employers and employees have mutual respect for each other and that if employees were aware of a wrongdoing within a company they would make it public knowledge.
We must be careful to ensure the provisions of the Bill are not used for the wrong reasons. The media has been very effective to date in making public major anomalies. The Tánaiste has initiated 13 or 14 inquires which elicited information that should be in the public domain. All of them have been quite effective and this will do the State good as we face the new millennium.
While I welcome this Bill, we must be careful, as the Minister said, to ensure it protects everyone involved. The type of information provided for under the Bill would include disclosures supporting an allegation that a criminal offence has been or is likely to be committed, a person has failed to comply with legal obligations, health and safety is being endangered, the environment is being damaged or a miscarriage of justice has occurred. All of these issues are important. However, there is a great deal of existing legislation which should be integrated with proposed legislation.
Mr. Penrose: I thank the Minister of State, Deputy Tom Kitt, for coming to the House to address this matter. It is high on his agenda and he has made a number of contributions on farm safety. I welcome the opportunity to raise this important matter on the Adjournment.
As we approach one of the busiest times in the farming calendar, it is vital that every safety procedure is employed on farms to prevent accidents and every avenue is explored to ensure the farming public, particularly young people, are made aware of the dangers.
Last year, 27 people died on farms. This figure, as the Minister of State will agree, is unacceptable but it is of extreme concern that six of those who died were children. The figures for the first few months of this year seem to indicate this trend is continuing. By the middle of January two farm deaths had already occurred, one involving a child. Another frightening statistic which is of concern is that since 1990, one in four of all farm fatalities involved children. There are far too many serious accidents happening on our farms which have left people disabled for life.
I accept that it is much easier to apply safety mechanisms to industry than to farming. As a senior inspector with the health and safety authority said, the working area is also the living area and this is where particular dangers are posed with regard to the supervision of children on farms. There are obvious dangers on farms of which every farmer should be made aware. Slurry agitation and the consequent emission of methane gas from slurry pits is an obvious one. The transportation of high loads of bales, where there can be contact with overhead electric cables or extended or overhanging trees and branches also pose a difficulty. Power take off transmissions may result in people becoming entangled especially if they are wearing loose-fitting clothing. Everyone should all be aware of these dangers. The use of heavy machinery, especially during the silage and hay making season also poses a danger. The dangers posed by livestock should not be underestimated either. Last year, three adults were killed by a bull, a cow and a stag. Already this year there have been fatalities in this area.
Everyone has a role to play in reducing the unacceptable number of farm deaths occurring in Ireland. I compliment the Irish Farmers' Association for its ongoing farm safety campaign and its recently launched national advertising campaign on farm safety. Every avenue should be explored and used to ensure the farming public is aware of the dangers involved, particularly during the high season. More can be done. The National Safety Authority is on record as saying there is now an urgent need for farmers to draw up a list of where accidents could happen. Until this is done by [243][244] every farmer in the country there will not be real progress.
There is also an onus on the Minister for Agriculture and Food to step up the campaign to improve farm safety. Regular and ongoing farm safety checks would significantly improve farm safety standards. However, as it stands, the number of health and safety authority inspectors is inadequate and they are already overburdened by requests to inspect non-compliant workplaces.
Another major contribution which could be made towards reducing farm accidents is a sustained education programme, particularly in rural schools. At this time of year, young children are looking forward to endless days playing on the family farm but few of them are aware of the dangers they may face. This should entail the use of video demonstrations to heighten the awareness of the dangers one can face on a farm and it should include the concealed dangers as well as the obvious ones. Likewise, a video on the dangers on farms should be produced and shown at livestock marts throughout the country.
I impress on the Minister of Agriculture and Food that he should work with his counterpart in the Department of Education and Science and the Minister of State, Deputy Tom Kitt, to establish a safety awareness programme which would be available in all rural schools as soon as practicable. I have no doubt that parents, farm organisations and teachers would be prepared to contribute to such a programme. The work of the farm safety task force, when it comes to full fruition, should not go unnoticed. I urge the Minister to take its recommendations on board and that they be fully analysed and enacted as a matter of urgency.
Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): I am very much aware of Deputy Penrose's concern and interest in this important matter. As Minister of State with responsibility for labour affairs, I have spoken on this issue on a number of occasions and have been pro-active as possible in working with the health and safety authority as the number of accidents and fatalities, particularly relating to children, is totally unacceptable.
The health and safety authority is the State body charged with responsibility for the day-to-day administration, enforcement and promotion of all workplace health and safety legislation. This legislation applies to all sectors of employment, including the agriculture sector. Agriculture is, however, unlike any other sector of employment. It is a sector where self-employment predominates and where additional help may come from both the immediate and the extended family. In this regard, the greatest risk of injury or fatality is to farmers themselves or to members of their families. In addition, farming is an occupation which can involve an individual working alone on a remote site covering a broad spectrum of tasks and is a sector where, due to its seasonal nature, work practices are strongly affected by weather [245] and ground conditions. All of this conspires to make farming a particularly high-risk activity and unique in the type of preventative approaches needed. Unlike any other work sector there is a very particular risk posed to children by virtue of the family home being so close to the place of work.
The primary role of the authority in this area is to assist farmers to carry out their work safely by giving them appropriate guidance, information and support. This is done in close co-operation with all the main farming organisations who are best placed to ensure that this guidance reaches those at whom it is directed. Non-fatal farm accidents actually decreased overall in recent years as farm safety awareness increased and farmers took ownership of their safety and that of their families. In 1998 there were, however, 26 farm fatalities which included six children. What these figures show is that continuous awareness and vigilance is vital.
I am advised by the health and safety authority that it will continue to treat agriculture as an ongoing priority area of activity. In 1999 the authority has planned 1,000 inspections in the farming and forestry sector which is an increase of 200 over the 1998 figure. Particular attention will be paid throughout the year to the promotion of child safety with the assistance of farming organisations, the education authorities and the Garda community liaison service. An emphasis will also be placed by the authority on encouraging farmers to carry out appropriate risk assessments and to draw up safety statements. In addition, the authority will participate in a European campaign on farm safety focusing especially on safety statements and child safety education and training.
The authority is organising an information campaign on child farm safety during the 1999 summer season, targeting both safe work and safe play on farms and is also preparing a code of practice on the prevention of accidents to children on farms. A wide range of pre-holiday initiatives are already under way by Teagasc, supported by the authority. These include a radio advertisement campaign, newspaper articles, radio interviews with Teagasc education officers on each local radio station at peak farmer listening time and the holding of family safety competitions at local agricultural shows.
In addition, the authority has written to all primary schools through the Department of Education and Science, urging them to re-show a video “Farming – a way of life” which was produced and first distributed in 1996. The intention is that this video will be shown before the summer holidays. The video is also accompanied by a teacher's manual.
The authority's farm safety task force continues to offer guidance to the authority and to spearhead promotion activities. The members of this task force are drawn from the farming community itself and they work closely with farming organisations and Teagasc. The authority this year is also part funding a Department of Health [246] and Children promotion at the Clinical Sciences Institute, University College Galway. This will involve an evaluated report on the safe tractor driving programme and the provision of an evaluated farm safety information-activity package for use in primary schools as part of an ongoing agri-sector project.
The key to tackling the issue of farm safety, as with all sectors of employment, centres around the principles of awareness, assessment and prevention. Farmers must acknowledge that farming is a hazardous occupation which carries very specific risks to themselves, their workers and, indeed, their families. It is essential that farmers assess all the risks, both to themselves individually and to others who may be on the farm, before undertaking farm tasks, and then put in place the necessary safety measures before attempting these tasks. The concept of a safety statement is as applicable to a farm as it is to any other business or place of work. In drawing up a safety statement, a farmer will automatically go through the whole process of identifying both hazards and risks, and also the appropriate safety measures. Where such safety statements exist, they should be kept under regular review.
The Health and Safety Authority has an extensive range of information material available to anyone seeking advice and guidance and also works closely with all the major farming organisations. I encourage all farmers to seek information from either of these sources on how best they can improve their work practices and so ensure the health and safety of both themselves and their families. For its part, the Government will continue to fully support the authority in its activities in relation to farm safety.
Mr. Allen: I regret the Minister, who accused me in November 1997 of political mischief-making when I raised this issue, is not in the House to answer my questions.
The proposal by the Blood Transfusion Service Board to abandon testing of blood products in the Cork BTSB unit – thereby effectively downgrading the unit – is a cause of concern, not only to the people of Munster and surrounding health board areas but also to the Southern Health Board members, consultants and other medical staff working within the service.
The Cork unit has served the country well as a back-up for the Dublin unit and has rescued it in times of blood shortage. It is respected and has good working relations with the medical community. Therefore, it is very difficult to understand why a unit that has been working so well should be downgraded. Is it a Dublin-Cork power game?
The arguments put forward in support of a centralised testing unit in Dublin are finance driven, not medical. They are flimsy, poorly thought out and appear, at best, spurious. Surely the lessons of the hepatitis C scandal in the Dublin unit [247] should teach us the wisdom of retaining a second centre in the country for backup, cross-checks, balances and quality control.
At present, all blood donations are tested by a serologic method in Dublin and Cork for potential infectious contaminants. Centralisation of such testing was not thought necessary before. Why now? There is no valid reason the Munster unit cannot continue. The drive to downgrade the Cork unit cannot be justified financially when judged against the millions of pounds that the errors in the Dublin blood transfusion board have cost the taxpayer in the case of the hepatitis C scandal, not to mention the heartache and tragedy. The lesson we should learn from that tragic episode is that there is great merit in retaining a second backup testing centre.
Is the Cork unit to be sacrificed because the new blood transfusion service building in Dublin has run seriously over budget? Why has the Blood Transfusion Service Board not undertaken a rigorous cost/benefit analysis of retaining testing in Cork?
In March 1997 the Finlay tribunal report stated that the replacement of the premises in Cork should be immediately commenced. In October 1997 the Irish Medicines Board threatened to withdraw the licence of the Cork centre unless substantial improvements were made in that centre.
In November 1997 the Minister for Health and Children, Deputy Cowen, stated:
The Blood Transfusion Board, in conjunction with my Department, has decided that the Cork centre requires replacement. I have given my approval to this. As an interim measure, refurbishment will take place on the present centre to meet the standards required by the Irish Medicines Board and for both projects my Department will make available the necessary resources.
Of course, that was in the middle of an election campaign.
Also in November 1997, the Blood Transfusion Service Board stated:
We propose to replace the centre. Pending completion of a new centre, which will take two years, the board wishes to update the existing centre to meet the Irish Medicines Board's requirements.
The BTSB also stated in November 1997 that the schedule was to complete construction and equipment validation by November 1999.
The question now is what has happened to change that scenario at a time when the buildings housing the centre are in need of replacement to meet the standards set by the licensing body, the Irish Medicines Board? What has happened to the Minister's commitment to provide the necessary resourcing for this replacement building? Is the Minister bringing about a scenario whereby the requirements of the Irish Medicines Board [248] will not be met and, as a result, the Cork centre will lose its licence and will only operate as a depot? Why should a centre, which is working well and has achieved a quality standard – ISO 90002 – be downgraded, which is in stark contrast to the stated policy of the Minister, the Government and the Department of rewarding good service, decentralising health services and protecting those working and living outside the capital? These serious questions have not been answered.
Only yesterday, for example, it was stated in Cork that the medical services will be unable to cope with major accidents and disasters if the country is left with just one blood transfusion centre. This warning has been issued by the medical profession, lay interest groups in Cork and, most recently, by IBEC and Cork Chamber of Commerce. An article in The Examiner of 14 June 1999 stated:
Interest groups state that the proposal to close the blood transfusion unit in Cork in favour of upgrading the Dublin centre would leave the medical services vulnerable in the event of a major accident at either of the two international airports, Cork and Shannon, or at any of the many chemical and power companies in the south west region.
County Cork has the only oil refinery, the only commercial off-shore natural gas well and the only oil storage facility in the country. In view of this, it is absolutely essential that Cork retains the ability to deal locally and speedily with any major accidents. Past experiences, such as the Buttevant rail disaster and the Whiddy oil disaster, have shown that the existence of the major accident plan in Cork was a key to reducing the number of casualties. In view of the facts, it is incomprehensible there is a proposal to centralise blood testing which will only make the situation worse, not better.
Minister of State at the Department of Health and Children (Dr. Moffatt): I thank Deputy Allen for raising this issue on the Adjournment.
The Minister rejects any suggestion that there is a lack of investment in the Blood Transfusion Service Board. In fact, the board of the BTSB fully acknowledges the significant investment which the Minister has approved over the past two years. In 1998 a 6 per cent increase in the price of blood components made available by the BTSB was approved at a time when the general level of price inflation in the health services was approximately 2 per cent. In addition, a one-off grant of £3 million was made available in 1998 to cover the cost of a number of developments at the BTSB, including the additional costs of the board's blood safety programmes. In 1999, a 48 per cent increase in the price of blood components, tests and services was approved. A total of £6.8 million has been made available to health boards and voluntary hospitals to cover the costs of these increases. The income generated by these [249] measures will allow the board to introduce enhanced blood safety measures, cover the additional costs of ensuring regulatory compliance and recruit additional technical and scientific staff.
Over and above these investments, the Minister has also made available approximately £4 million to replace the board's existing IT system. The construction of a new national headquarters is nearing completion at a cost of £25 million, excluding equipping costs. By any standards, this level of investment is substantial and will improve blood safety nationally.
The main priority in relation to capital investment in the Blood Transfusion Service Board is to ensure regulatory compliance. The Irish Medicines Board, the regulatory authority for the BTSB, required the replacement of the area for processing donations at the Cork centre as a condition of its manufacturing licence which covers the period to 31 October 1999. In order to continue to meet regulatory requirements, the BTSB completed the provision of a new components processing laboratory at the Cork centre. The BTSB has advised that the new laboratory is now among the best of its kind in Europe, and that at a recent inspection by the IMB the level of compliance was in accordance with the EU guide to good manufacturing practice. In addition to the provision of a new components processing laboratory, the BTSB also completed a new compatibility testing laboratory, a new product storage area, an upgrade of the donor clinic and new office accommodation.
The total level of capital funding made available was £524,000, which included the purchase of equipment for the centre. Given the level of investment in the centre, and the scale of the refurbishment which has been carried out, it is necessary to ensure there is a satisfactory return on the public moneys that have been invested.
Further capital investment in the centre will be dictated by the requirements of the IMB and any additional resources necessary for this purpose will be made available. Furthermore, proposals submitted by the BTSB for capital investment which are over and above those necessary to ensure regulatory compliance will also be considered by the Department. As the Deputy is aware, responsibility for the organisation and management of the national blood transfusion service rests with the BTSB. Transfusion medicine is undergoing rapid change. New technologies and additional safety tests continue to emerge. The BTSB continually assesses these developments to ensure that its practices are in line with the highest international standards consistent with efficiency and effectiveness. One such development is PCR testing which is being introduced on the advice of the medical consultants at the board following an evaluation of international best practice.
In February 1998, the board of the BTSB decided that having regard to international practice, PCR testing at both the Dublin and Cork [250] centres could not be justified. It was decided, therefore, that PCR testing of all donations would be carried out at the new national headquarters of the BTSB which is currently under construction. The implementation of this decision will involve testing blood samples from all donations in the country at the new national headquarters.
The proposal which is now being assessed by the BTSB is whether all serological testing and not just PCR testing should be performed at the national headquarters. The board of the BTSB has asked the chief executive officer and the national medical director to prepare a report on the practical implications for patient services of developing a single site for donation testing in Ireland.
An Leas-Cheann Comhairle: The Minister of State's five minutes is concluded but if the House is agreeable to allow the Minister to continue—
Mr. Allen: I had to cut my contribution on account of time, but I will let the Minister continue.
An Leas-Cheann Comhairle: Is that agreed? Agreed.
Dr. Moffatt: Among the issues being addressed are: how best to provide the transfusion service in the light of the rapidly changing environment in transfusion medicine; the application of accepted international standards of practice in leading centres and blood services; the achievement of the goal of the organisation in supplying 100 per cent of hospital blood components on time and without fail; how best to prepare for a substantial reduction in the use of blood components given the alternatives to blood transfusion which are currently available and being developed; the concerns of health boards and hospitals, including their concerns about the substantial increase in the costs of the BTSB products; and the achievement of a service that is efficient and effective.
As part of this process, the chief executive officer and the national medical director are consulting with international transfusion experts. Consultation is also taking place with BTSB staff, relevant hospitals and blood users. A meeting has already taken place with members of the staff of the Southern Health Board. The BTSB has particularly invited scientific and medical input from hospital consultants in Cork to inform its considerations. The newly appointed chairman of the BTSB has also invited the Southern Health Board to make a presentation, and arrangements for such a presentation are now being made. The board of the BTSB will consider the outcome of the current assessment at its meeting in July.
The House may be assured that the closure of the BTSB Cork centre is not on the agenda of the BTSB or the Department, in spite of what Deputy Allen has said.
[251]Mr. Allen: There is no new building in spite of the promises made by the Minister.
Dr. Moffatt: Fan noméid agus éist. All that is being considered is a possible change in one aspect of the Cork operation. Many of the Deputy's facts tonight do not stand up to scrutiny.
Mr. Allen: They certainly do. The Minister promised a new building—
An Leas-Cheann Comhairle: Order, please. The Minister has gone well over his time and I ask him to conclude.
Dr. Moffatt: May I make a final comment? All that is being considered is a possible change in one aspect of the Cork operation. There is no suggestion of any change in relation to other scientific and technical services currently being carried out at the Cork centre, such as blood grouping, component processing, compatibility testing and ante-natal testing. The only change is the PCR testing.
An Leas-Cheann Comhairle: For the benefit of all Members, I request that Members and Ministers try to confine themselves to the five minutes allotted to them under Standing Orders.
Ms Hanafin: The recent low turnout in the elections is cause for concern to us, not just as politicians but as representatives of the democratic system. Democracy has been fought for and is valued in this country, but it must not be destroyed by apathy. It is in the interests of political parties and candidates to encourage voters and it is the duty of the democratic system to promote democracy and voter participation. It is obviously of concern that in my constituency of Dun Laoghaire only 38.6 per cent of people came out to vote. There is a responsibility on political parties that if we cannot popularise the candidates we at least should be able to popularise voting. For that reason I ask the Minister as a representative of the democratic system to introduce a range of measures to facilitate voting and voters.
Some of the areas I would like considered include introducing two day voting. I am not suggesting that the polls should be open all day over two days, but perhaps voting could start on Friday afternoon and continue until Saturday lunchtime to allow people time to get to the polls, to travel to different ends of the country and cast their vote. I ask that we would not have multiple elections on the same day, particularly where those elections demand a different form of voting. There was a great deal of confusion at the weekend where in many places we were not just presented with three voting papers but with four. One of those required an X and the others required voters to mark their preference in order under the proportional representation system. [252] This is confusing and should be avoided in future. Each election deserves recognition in its own right. It was totally unacceptable that in voting on a constitutional referendum one was asked on the paper: “Do you approve of the 20th Amendment to the Constitution Bill” without an outline of that amendment. It should always be the case that when people are presented with their voting paper they are given the full information on the subject on which they are voting.
I would also ask that when the polling card is distributed people are given a list of the candidates in that area so that they will know that these people have paid their deposit and are legitimate candidates. This is the type of ballot paper with which they should be presented. This is particularly important in the Dublin area where constituencies merge. The dividing line may be down the middle of a road and posters and literature can be misleading. In the interests of democracy rather than that of the political parties I ask that a non-party political voting guide and a mock ballot paper be distributed to show people how to vote and explain the importance of the PR system.
I welcome the introduction of photographs on ballot papers for the European elections last weekend. I would urge that this be extended to all elections in the future. Confusion arose because of the siting of polling stations. Is there any reason that people should not be advised six months in advance as to where their polling station will be so that they can plan and organise transport to get there?
Encouraging voting can be done through the media but should be funded under the democratic system. Radio, television and newspapers are valuable ways of promoting information. The Referendum Commission chose only to give information in the newspapers which meant that only those who purchase newspapers got the information. The least it could have done was to distribute to every house the information relating to the amendment. In all elections information on the importance of voting should be sent to every household. I ask that the supplementary register be extended to allow for a transfer of votes from people who were previously registered. A person from Donegal who will not be able to get home because he or she has been living in Dublin for three months should be able to transfer their vote from its original place.
In future campaigns we should target young people. Their turnout is particularly important. I was worried today when a Trinity student told me that to vote is a “nerdy” thing to do. It should be a natural, civic and popular thing to do. We should encourage voting among students – ask that school councils be elected using the PR system so people are used to it; fund the National Youth Council of Ireland to promote democracy and voting and register all students in leaving certificate classes who are – or soon will be – 18 years of age. That is the best way of getting them. [253] There should also be a campaign similar to that used in the United States – MTV's “Rock the Vote” campaign, where popular figures for young people promote registration and voting.
It is in our interest as politicians to restore faith in the political system. It is our responsibility as politicians to uphold democracy. It is our duty to encourage participation in the electoral system. Democracy is about choosing our representatives, not about choosing to vote. We, the representatives of the system, should encourage that.
Mr. Bradford: I welcome this opportunity to discuss this important issue. I hope Minister Dempsey will allow for a broader debate on this matter in the next few months.
Friday was a bad day for democracy in this State. When there is a national poll and half the electorate fails to exercise the democratic right to vote, it is bad for democracy. We should respond to such a negative signal. More than two million people have the right to vote. They also have a responsibility to vote but one million people ignored that responsibility.
Many Members of this House have had occasion to act as election monitors in far flung corners of the globe. Five years ago I acted as an election monitor in Malawi. I saw tens of thousands of people queueing at 6 a.m. to exercise their right to vote and I found it a saddening experience to return home where the words associated with politics are cynicism and disinterest. The contrast between a country where they value the opportunity to vote and what is happening in this State is most depressing.
I was further depressed to read an article in one of the Sunday papers by a gentleman who waxes lyrical every week about the standards in politics in this State and the quality of politicians. He boasted on the front page that he did not bother voting. Not only is that cynical, sad and pathetic, it is very depressing.
Lack of voter interest is not a new phenomenon. Since the mid-1970s the percentage of people who use their vote has fallen. I do not accept the line that all parties are the same and that there is no choice. People in this country had an opportunity to vote for peace 12 months ago but little more than half of the electorate exercised its right to vote.
The problem is acute and we must examine solutions. I support the solutions offered by Deputy Hanafin. She was correct when she spoke about the lack of knowledge of how to vote. It was interesting that so many young people who responded to efforts to canvass their vote said they had no interest in voting. When questioned further, it became apparent that they did not know how to vote.
I agree that voting should be held over a one and half day period. The move to Friday voting was a genuine effort to make a difference but unfortunately it has not worked. If anything it has had the reverse effect. Perhaps if voting commenced on a Friday morning and continued until [254] 10 p.m. and then started again on Saturday morning and finished at lunch time it would make a difference. If we did that, we could then start the count an hour or two later.
We could never have imagined that, in this country where our forefathers fought for the right to vote, we would have to consider the introduction of compulsory voting. It is not a new idea. The Minister said he would not automatically favour it but we may have to consider it. If only half the people vote, there is only half a democracy. If people want to influence the way the State is run, we must do everything necessary to enable them to do that, including the possible introduction of compulsory voting. That would ensure that Governments are elected by all the people.
Minister of State at the Department of the Environment and Local Government (Mr. D. Wallace): I would like to thank the Deputies for raising this issue. My colleague, the Minister for the Environment and Local Government, Deputy Dempsey, is unable to be in the House and he has asked me to respond on his behalf.
Like most politicians, political commentators and members of the public, I am extremely concerned about the low turnout in the recent polls. The possibility of a low poll became evident during the election campaign and it has been the subject of much comment since. Various theories have been put forward why nearly half the electorate decided not to vote last week. Alienation from the political system, decline in party appeal and political fragmentation, policy convergence between the political parties and the pursuit of consensus politics, days and times of polls and the holding of a number of polls on the same day have all been suggested as possible explanations for the low voter turnout. Earlier this year, research by the Referendum Commission in the aftermath of the referenda on the Amsterdam Treaty and the Good Friday Agreement revealed a variety of reasons for not voting among non-voters including people being too busy, being away from home or simply not bothering to vote.
The reality is that no one can say with any degree of certainty what is the cause of a low turnout. It may be due to a single factor or, more likely, a complex combination of factors, including some of those I listed. It is clear that the decline in voter turnout is not uniquely an Irish phenomenon. The turnout at the European elections in Ireland, albeit disappointing at just over 50 per cent, was in line with the EU average of 49.4 per cent, a figure that has declined from an average of 56.8 per cent in 1994.
Solutions to this problem tend to be scarcer than explanations for it. One such solution which has been suggested in the past, and which Deputy Hanafin raised tonight, is Sunday voting. There is no legal difficulty with holding elections on a Sunday. Under electoral law the polling day at each election and referendum is appointed by order of the Minister for the Environment and Local Government and it is a matter for decision [255] on each occasion which day of the week should be appointed. The advantages usually claimed for Sunday voting include facilitating workers who are normally away from home during the week, reduction or elimination of school closure and providing a wider choice to the voters generally as to the time of day when they could vote.
While there may be merit in these arguments, there is also a potential downside to Sunday voting. Indeed, far from increasing voter turnout, there is a possibility that it could have an adverse effect on the size of the poll. Many people would undoubtedly be free from their normal working duties at the weekend. This is not the case, however, with everyone. For people working in transport, tourism and service industries, the weekend is probably the their busiest time and they may well have difficulty getting to their polling station.
In addition, Sunday is the major sporting day of the week, with thousands of people taking part in or attending sporting events. Last Sunday was as good an example as any with major and very well attended GAA matches throughout the country and a mini-marathon in Dublin. I shudder to think what the turnout would have been if the elections and referendum had been held last Sunday. Although Sunday voting remains an option, I am not convinced more people would have an opportunity to vote if it were decided to [256] hold elections and referenda on a Sunday. The majority of countries in the EU hold their elections on a Sunday but this in itself is not a persuasive argument – what is appropriate to the circumstances in Ireland is what is relevant. In this regard, one of the more serious considerations would have to be the question of objection on religious grounds. The views against such a proposal have been firmly stated to my Department by the main religions in recent correspondence.
Deputy Hanafin has also suggested distributing lists of candidates to encourage voters to vote. This objective is to a large extent achieved through the publication in newspapers of Notice of Polls stating the day and hours during which the poll will be taken and listing the names and descriptions of candidates in the order in which the names will appear on the ballot paper. This is something which can be explored further perhaps in the context of a public information campaign on the importance of voting.
A review of the electoral system is currently being undertaken by the all-party Oireachtas committee on the Constitution in the context of its examination of the institutions of the State. I hope the all-party committee's report, when it is available, will provide a basis for an informed public debate on our electoral system and the scope for reform.
The Dáil adjourned at 9.13 p.m. until 10.30 a.m. on Wednesday, 16 June 1999.
45. Mr. Crawford asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to propose to EU Ministers the establishment of a European criminal assets bureau; and if he will make a statement on the matter. [15258/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Criminal Assets Bureau is widely recognised, both nationally and internationally, as being very successful. Indeed, the international Financial Action Task Force, FATF, concluded in a recent report that in relation to certain measures, such as the Proceeds of Crime Act, 1996, and the Criminal Assets Bureau, Ireland has implemented an innovative legislative and administrative scheme, which could provide a model for other countries. In another recent report, an evaluation team, operating under the auspices of the EU's Multi-disciplinary Group on Organised Crime, commented positively regarding the experiences of Ireland with its civil forfeiture system and the developing role of the Criminal Assets Bureau.
Dealing with the financial aspects of organised crime is an important element of the EU's plans for combating organised crime and, in this context, I have discussed the success of the Criminal Assets Bureau with my European colleagues, as indeed have officials from my Department, stressing that high priority must be given to tackling the issue of the confiscation of the proceeds of crime.
However, at this point, lreland's civil forfeiture legislation and the Criminal Assets Bureau are unique in a European Union context. Accordingly, the idea of establishing a European Criminal Assets Bureau, while it sounds good in theory, is a little premature. It is my belief that the first step that needs to be taken is for the introduction of similar legislation throughout the EU. This, as I have already stated, is a vital element in the fight against organised crime which officials from
my Department and myself, as Minister for Justice, Equality and Law Reform, will emphasise and encourage at every available opportunity.
46. Mr. McGinley asked the Minister for Justice, Equality and Law Reform the number of sex offenders released in 1998; the number who had received specialist treatment; the number scheduled to be released in 1999 who are undergoing treatment; the number in prison; the number undergoing treatment; the number of staff in each of the prisons involved in treatment programmes; and if he will make a statement on the matter. [15276/99]
[258]56. Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the number of sex offenders in prisons on waiting lists for treatment; the numbers in receipt of treatment; the steps, if any, being taken to provide additional places; and if he will make a statement on the matter. [15380/99]
67. Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform the measures, if any, taken to inform sexual offenders in prison of the treatment programme provided in Arbour Hill prison; when it is planned to extend the number of places for these offenders to receive treatment; and if he will make a statement on the matter. [15366/99]
88. Mrs. B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform the criteria used to determine whether a sexual offender who volunteers for treatment is suitable for the treatment programme in Arbour Hill; the individual who makes the decision; and if he will make a statement on the matter. [15367/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I propose to take Questions Nos. 46, 56, 67 and 88 together.
There are 339 convicted sex offenders in Irish prisons at present and a further 41 in custody, on remand or awaiting trial on charges for sex offences. Some 103 sex offenders were released on completion of their sentences during 1998. Of these, 11 had completed the dedicated sex offender group treatment programme in Arbour Hill Prison. Thirty-one sex offenders have already been released in 1999 with a further 49 due to be released before the end of the year again on completion of their sentences. Of these, five will have completed the Arbour Hill group programme prior to their release. In addition to the dedicated group programme in Arbour Hill, many of those released would also have undergone one to one counselling.
There are ten offenders currently undertaking the dedicated group treatment programme in Arbour Hill. The number of offenders undergoing one to one counselling is difficult to define because of the varied nature of individual counselling provided to sex offenders in prison. Such counselling can vary from one session addressing a particular problem to intensive ongoing counselling. Such a service is primarily provided by the Probation and Welfare Service and the Psychology Service in my Department. Psychiatric services are also provided.
There are the equivalent of 29 full-time professionals and two consultants involved in treatment and rehabilitation programmes for sex offenders in prisons. Four of these are working on the dedicated Sex Offender Group Treatment Programme in Arbour Hill and the remainder are involved in one to one counselling.
Since the establishment of the Arbour Hill group programme in 1994, all sentenced sex [259] offenders are invited each year to apply for a place on the programme. All applicants are interviewed by the programme delivery team to determine suitability.
Various criteria are applied to determine the suitability of an offender for the group treatment programme. These include the type of offence, amount of sentence to be served, level of danger posed to the community on release and ability to cope with the demands of such a programme. I should explain that group treatment is very demanding on participants who are compelled to confront their offending behaviour openly in group sessions. Many sex offenders in prison are often unwilling to engage in such a process and some who may be willing do not have the emotional or intellectual capacity or maturity to do so. Central to suitability is the quality and perseverance of the offender's motivation towards treatment. The final decision as to suitability is made by the programme delivery team after careful deliberation and consultation with prison personnel who know the offender well.
At present there are approximately 22 offenders on a waiting list for the Arbour Hill programme. However, this number is not static and may rise or fall depending on the motivation of any individual offender at a particular time. Where the number of suitable applicants exceeds the number of places available on the programme, priority is given to offenders whose release dates are closest. All those who apply and who are deemed suitable for group treatment are accommodated prior to release.
In view of the growing number of sex offenders in prison, I am determined to increase the number of treatment places available to sex offenders and to this end I have decided to establish a group programme to treat ten sex offenders at the Curragh Place of Detention. This takes time because of the fact that specialist skills are required. However, now that the recruitment of additional staff for the psychology and probation and welfare services is under way, I am pleased to confirm that this programme should be in place by the end of this year and will be modelled on the Arbour Hill sex offender group treatment programme.
47. Mr. Quinn asked the Minister for Justice, Equality and Law Reform when he will receive the report of the Victims Commissioner, Mr. Wilson; and if he will make a statement on the matter. [12976/99]
358. Mr. Quinn asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to meet with former Tánaiste, Mr. John Wilson, in respect of his work as Victims Commissioner. [14418/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I propose to take Questions Nos. 47 and 358 together.
I would like to make it clear at the outset that the Victims Commission, which was set up last year, was asked, inter alia, to conduct a review of certain matters pertaining to those who have suffered as a result of violent action associated with the conflict in Northern Ireland over the past 30 years.
The commissioner is independent in the discharge of the task assigned to him and, in those circumstances, I do not consider that it would be appropriate for me to seek to discuss the detail, or the conduct, of this inquiry with him. I can tell the Deputy, however, that officials of my Department, and its agencies, have made themselves available to the commissioner, as required by him, to discuss matters of policy, practices and fact.
That said, the commissioner has advised me that he expects to be in a position to submit his report to the Government in the very near future.
48. Mr. Dukes asked the Minister for Justice, Equality and Law Reform the number of persons charged and convicted for drinking in public places in 1998; and if he will make a statement on the matter. [15298/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): Statistics for the number of persons charged and convicted are contained in the annual report of An Garda Síochána. The report for 1998 has not yet been published. I am informed by the Garda authorities, however, that 9,334 proceedings were commenced, and 7,176 convictions obtained for breaches of section 4 of the Act during 1998.
I should emphasise that these are the provisional figures for 1998, and are subject to change. The Annual Garda Report on Crime for 1998 will contain the final figures when it is published later in the year.
49. Ms McManus asked the Minister for Justice, Equality and Law Reform his response to the recent proposals from the Child Care 2000 campaign; the action, if any, he will take to provide affordable child care; and if he will make a statement on the matter. [15365/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I wish to advise the Deputy that I am aware of Child Care 2000's campaign proposals. The Deputy is probably aware that the organisations involved in the Child Care 2000 campaign were in fact represented on the expert working group on child care, which was established by the Government under Partnership 2000 to devise a national framework for the development of the child care sector and which [261] was chaired by my Department. A number of the proposals outlined in the Child Care 2000 campaign were also put forward by the expert working group, whose report I launched last February.
The expert working group agreed recommendations for a national child care strategy which would be implemented over a period of seven years and included proposals to support the development of child care services to quality standards, including proposals for an integrated package of supports for parents at various income levels to assist them in purchasing child care places.
The Government considered that the report of the expert working group provided a good base for discussion on the future development of child care. However it also recognised that child care is a complex issue and that two other reports, the report of Commission on the Family and the report of the National Forum for Early Childhood Education, which also contained proposals in relation to child care, had to be considered, The Government, therefore, decided to establish an interdepartmental committee on child care to evaluate, cost and prioritise the child care proposals in all three reports, in addition to the Government's child care proposals in An Action Programme for the Millennium.
The committee is chaired by the second secretary at my Department and its membership is comprised of representatives at senior level of relevant Government Departments. Copies of the Childcare 2000 campaign proposals have been circulated to the members of the committee for their information.
50. Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform the implications for Ireland following the decision of the United Kingdom Bar Council to offer legal services direct to consumers without the intermediation of a solicitor; and his views on this development here. [12846/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I assume the Deputy is referring to the recent announcement of the decision of the General Council of the Bar in England and Wales to operate, on a pilot basis, what they refer to as the bar direct scheme. Under the scheme, as I understand it, certain large corporate organisations, public bodies and trade union organisations may be licensed to brief barristers directly without the requirement to engage a solicitor. The scheme is the result of an initiative by the Bar Council and reports seem to indicate that it may be a response, in part, to legislation which proposes to allow solicitors to have wider rights of audience in higher courts. The scheme would give barristers wider and more direct access to clients and it could have implications for legal costs in the cases which are covered by the scheme.
I have no doubt that the initiative of the Bar [262] Council of England and Wales will be closely monitored by the Bar Council of Ireland. It would be the intention of my Department to maintain an interest in the matter with other relevant Departments with a view to the question of the most effective and economic delivery of legal services to the public. I should also add that the Bar Council of Ireland already operates a scheme known as direct professional access. Under that scheme, the council may authorise exceptions to the general professional rule that barristers must act on the instructions of a solicitor. I understand that the system is directed to organisations which have a significant requirement to retain the services of a barrister. About 20 organisations benefit from the arrangement at present.
51. Proinsias De Rossa asked the Minister for Justice, Equality and Law Reform the terms of reference of the recently announced review of the Gaming and Lotteries Act, 1956; when it will be completed; the steps, if any, being taken to deal with breaches of the Act, particularly in regard to gaming machines in public houses; and if he will make a statement on the matter. [15362/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): A review of the Gaming and Lotteries Act 1956 is being carried out by an interdepartmental review group which is expected to report by the end of the year. Its terms of reference are: to review the regulatory environment within which gaming and lottery activities are carried out with particular reference to the 1956 Gaming and Lotteries Act; any other relevant or proposed Irish legislation; and international developments in the gaming and lotteries area; to identify the issues arising from such a review and to make recommendations designed to address these issues in the context of securing a modern regulatory environment while fulfilling necessary social policy objectives; and to furnish a report on the above for consideration by the Minister and by Government by the end of 1999.
Under section 9 of the 1956 Act, gaming is expressly prohibited in licensed premises and I am informed by the gardaí that there have been a total of 203 prosecutions in the years 1997 and 1998 of which 148 have resulted in convictions. The number of prosecutions in respect of licensed premises during the same period was 51.
I am, however, aware of reports that gaming machines are operating openly in some licensed premises and that tokens or credit systems are sometimes used in lieu of cash in the operation of these machines, thereby frustrating prosecutions under the Act.
It is in the light of such enforcement difficulties as well as the broader issues now emerging in this area that I have decided on a comprehensive review of this Act.
[263]52. Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the number of Garda stations equipped to carry out electronic recording of interviews as provided for in the Criminal Justice Act, 1984; when this facility will be made generally available; and if he will make a statement on the matter. [15377/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): A pilot scheme on the use of audio and audio-video recording of Garda questioning of detained persons has been in progress in six selected Garda stations, namely, Tallaght, Dublin; Portlaoise; Bridewell, Dublin; Bridewell, Cork; Mill Street, Galway; and Henry Street, Limerick, Garda stations.
The pilot trials have been overseen by a steering committee chaired by Mr. Justice Esmond Smyth, President of the Circuit Court, and have been operating under the terms of the Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997.
I am pleased to inform the Deputy that the steering committee recently presented a report to me, in which a nationwide scheme of audio-video recording is proposed.
I have given full and careful consideration to this report and its recommendations, and I intend to bring detailed proposals to Government on the matter in the coming weeks. The Deputy will appreciate that until such time as the Government has first had an opportunity to examine the report, it would not be appropriate for me to go into further details at this stage.
53. Mr. Hayes asked the Minister for Justice, Equality and Law Reform the progress, if any, regarding the Government's commitment to abolish ground rents; and if he will make a statement on the matter. [12356/99]
62. Mr. Ferris asked the Minister for Justice, Equality and Law Reform when he will introduce legislation to honour the Government's commitment to abolish ground rents; the nature of the constitutional difficulties reported to be holding up legislation; and if he will make a statement on the matter. [15374/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I propose to take Questions Nos. 53 and 62 together.
The Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, already provides a statutory scheme for the acquisition of the fee simple by the owners of dwelling houses. Part III of the No. 2 Act, provides a special procedure, operated at low cost by the Land Registry, whereby owner-occupiers of dwellinghouses may acquire readily and relatively inexpensively the fee simple in their property. The purchase price in most cases at present is about 13 times the ground rent. The [264] Act contains provision for the determination of applications for the purchase of the fee simple in cases where the consent of all the necessary parties is not forthcoming. In such cases the Registrar of Titles will determine the application by arbitration. The Act also makes provision for the circumstance that the ground rent landlord cannot be found. There is no obstacle to a tenant negotiating directly with the owner of the ground rent for its purchase without reference to the (No. 2) Act.
A Bill entitled the Landlord and Tenant (Ground Rent Abolition) Bill passed Second Stage in the House in March 1997. The detail of this Bill is being examined in my Department at present, in consultation with the Attorney General and the Registrar of Titles, particularly from the point of view of the constitutionality and practicality of its proposals in relation to land law generally and in particular the land registration system. The difficulty, which successive Governments have accepted over the years, is that abolition of ground rents without appropriate compensation would not be in keeping with constitutional requirements. The details of any decisions which can overcome such difficulties will be announced in the normal way.
54. Mr. Broughan asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to review appeal procedures in view of figures showing that 100 per cent of appeals made against deportation orders under the Dublin Convention have been turned down; if he will allow oral hearings of these cases; and if he will make a statement on the matter. [15360/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): It is true that all appeals made against deportation orders under the Dublin Convention have been turned down. However, these figures do not indicate that the procedures currently in place for dealing with such appeals are in any way inadequate.
The determination procedures relating to the Dublin Convention are set out in accordance with section 22 of the Refugee Act and the Dublin Convention (Implementation) Order 1997. Section 22 (4)(b) of the Refugee Act, provides for the appointment of an officer, under the Dublin Convention, to consider an appeal against a decision to transfer an application for asylum to a convention country. I have appointed an independent appeals officer, a lawyer with seven years legal experience for this purpose.
The criteria for determining which member state should take responsibility for dealing with an application include such factors as whether the applicant has been issued with a residence permit or a visa by a member state, whether a close relative has already been granted refugee status or whether the person has already spent time – leg[265] ally or illegally – in a member state where there was an opportunity to apply for asylum there.
In relation to a review of the procedures, the Deputy will be aware that I indicated to the House during the Second Stage debate on the Immigration Bill that I will bring forward amendments to the Refugee Act to make it workable. These amendments were published today.
The proposed amendments to the Refugee Act, 1996, provide that the refugee applications commissioner will have the function of determining whether an application should be transferred under the Dublin Convention to another convention country and that the function of deciding appeals will now fall to the refugee appeals tribunal. The refugee appeals tribunal which will sit in divisions of single persons will replace the five person refugee appeal board currently provided for in the Act.
55. Proinsias De Rossa asked the Minister for Justice, Equality and Law Reform the results of the inquiry announced by him into the listing of a court case at Castlerea District Court; and if he will make a statement on the matter. [15363/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The House will be aware that on 5 May 1999 I initiated inquiries in relation to the listing of a court case which was heard in Castlerea District Court on 15 January this year.
I am informed that the Garda investigation in the matter is close to completion and that the report will be available in the near future. The investigation by an official of my Department is almost completed and I expect to receive a report from that official very shortly. I understand that the President of the District Court is in the process of conducting, an inquiry and that he proposes to present it to the chief justice shortly.
It is my intention to report back to the House on this matter in the near future.
57. Mr. Howlin asked the Minister for Justice, Equality and Law Reform the reason no written records exist in his Department regarding the decision to award pensions to the recently resigned Mr. Justice Hugh O'Flaherty and Mr. Justice Cyril Kelly; the manner in which the matter was considered in his Department and a decision arrived at without the benefit of written records; and if he will make a statement on the matter. [15356/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Deputy will be aware that Mr. Justice Hugh O'Flaherty resigned on Saturday, 17 April 1999 and Mr. Justice Cyril Kelly on the following Tuesday, 20 April. Because of the urgency of the situation, in the context of the particular constitutional process being contemplated by the Government, several [266] discussions took place during those few days. In the case of Mr. Justice Kelly, there were discussions between his legal team and counsel for the State on pension entitlements.
The reason there are no written records in my Department on the pension aspects prior to 20 April is simply that most of the discussions on that issue took place over a weekend and were conducted mainly on the telephone. Officials of my Department discussed the matter with Department of Finance officials over the phone and one of my officials' in turn, held discussions over the phone also with counsel for the State.
It needs to be emphasised that what was being discussed, however, was not what the Government should decide in relation to pension entitlements, but what proposal should be put to the Oireachtas, it being accepted, at all times, and clear to all concerned, that the actual decision would fall to be made by the Oireachtas. That is still the position and the Oireachtas will be afforded the opportunity of making its decisions when I bring the necessary Bill before this House – hopefully within the next few days. The Bill, which the Government at its meeting this morning, has agreed for publication gives effect to the pension arrangements in each instance. There are, of course, written records in relation to the publication of the Bill.
I can say, however, that the pension suggestions which the Government authorised me to commend to the House in the course of my statement on 20 April were arrived at by taking a number of matters into account including the actual pension entitlements of the parties concerned; the fact that they took the honourable course thus avoiding a procedure in this House which would have been without precedent; the fact that there was no suggestion that they were motivated by the prospect of personal gain; and the substantial financial loss suffered by those concerned on their resignation.
58. Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the latest position in regard to disciplinary action against a garda (details supplied) who was convicted of serious offences arising from a incident in Portarlington, County Laois, in which a pedestrian was killed and the driver left the scene of the accident; and if he will make a statement on the matter. [15376/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): Further to my replies to Parliamentary Questions Nos. 10 of 4 February and 83 of 10 March, I am informed by the Garda authorities that a disciplinary inquiry was held on 27 April 1999.
I am further informed by the Garda authorities that the member has appealed the decision of the inquiry board and that a hearing before an appeal board is being convened.
[267]59. Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the Government's proposals for reform of the licensing laws, particularly in regard to pub opening hours; when he will bring proposals before Dáil Éireann; and if he will make a statement on the matter. [15373/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I have already indicated to the House that a scheme of an intoxicating liquor Bill has been prepared in my Department. That scheme has been the subject of detailed consultations on the policy issues between my colleagues in Government. I propose to take into account those consultations in the course of finalisation of proposals for decision by the Government.
I am also taking into account the many submissions which have been received by my Department from interest groups and individuals in response to the report on liquor licensing laws by the Sub-Committee on Justice, Equality and Women's Rights and the interim report of the Competition Authority.
The details of the decisions made will be announced in the usual way.
60. Mr. Spring asked the Minister for Justice, Equality and Law Reform the progress to date on the interdepartmental group on child care; the number of occasions on which this group has met; the consultation which has taken place with parents and service providers; and when he will receive the group's final report. [15391/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The task of the interdepartmental committee on child care, which was established by the Government last February, is very specific. The terms of reference given to the committee require it to evaluate, cost and prioritise the child care proposals in the reports of the expert working group on child care, the Commission on the Family, the National Forum for Early Childhood Education, in addition to the Government's child care proposals in An Action Programme for the Millennium. The terms of reference also require the committee to report back to Government within six months. In view of this, the committee has not been engaged in consultations with parents or service providers. However, I would point out that the recommendations in the three reports under consideration, were developed following consultations with all of the relevant stakeholders.
The interdepartmental committee is chaired by the second secretary at my Department and its membership is comprised of representatives, at senior level, of relevant Government Departments. The committee has met on nine occasions since 15 February and I anticipate having their [268] report within the timeframe required by their terms of reference.
61. Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the sentencing arrangements for crimes against a child; if he has satisfied himself with the sentencing policy for crimes against a child in view of a recent sentence (details supplied); the plans, if any, he has to review this policy; and if he will make a statement on the matter. [15394/99]
74. Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to implement the recommendations of the Law Reform Commission on the introduction of non-statutory guidelines on sentencing; and if he will make a statement on the matter. [15379/99]
83. Mr. Gormley asked the Minister for Justice, Equality and Law Reform his views on the public concern regarding apparent inconsistency in sentences handed out by judges; the plans, if any, he has to regulate the judicial process; and if he will make a statement on the matter. [13100/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I propose to take Questions Nos. 61, 74 and 83 together.
The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and I, as a member of the Executive, am precluded from intervening directly.
Under our legal system, the law provides generally for maximum penalties for criminal offences. The law enables the judge to exercise his discretion, within the maximum penalty, by reference to the conclusions he or she has reached after trying the case, hearing all the evidence and assessing the culpability and circumstances of the accused. Our system of recruitment to all levels of the Judiciary is based on the concept of bringing in experienced and trained legal
practitioners and, consequently, judges, on appointment, have a wide knowledge of the law and its application. In so far as consistency of sentencing is concerned, I consider it important to mention that the Criminal Justice Act, 1993, provides that the Director of Public Prosecutions may apply to the court for a review of what appears to the director, to be an unduly lenient sentence.
The complex question of sentencing policy was addressed at length by the Law Reform Commission who specifically recommended against the introduction of statutory sentencing guidelines. Its report pointed out a number of differences of opinion among members of the commission in relation to some of the recommendations in that report which tends to underline the obvious complexities which arise in relation to sentencing policy.
[269] The Courts and Courts Officers Act, 1995, enable me to provide funds for judicial training courses arranged by the Judiciary and, this year, I made £60,000 available to the Judicial Studies Institute, which was established by the Chief Justice for the purposes of judicial training. I understand that the issue of sentencing has been examined by the Institute in the context of its training programme.
I might also mention that section 36 of the Courts (Supplemental Provisions) Act, 1961, makes provision for meetings of District Court Judges to discuss, inter alia, the avoidance of undue divergence in the exercise of the jurisdiction of the court and the general level of fines and penalties. While there is no similar provision in the case of other courts, I understand they hold similar meetings.
The Sixth Report of the Working Group on a Courts Commission also made reference to the issue of sentencing. The working group suggests that judicial education could be addressed by a judicial standards body in liaison with the Judicial Studies Institute. This new body could, inter alia, provide a monitoring and analytical service on matters such as sentencing along the lines of the Judicial Commission in New South Wales. I am pleased to inform the House, in this regard, that the Chief Justice has established a Judicial Committee to consider, inter alia, the recommendations made in the working group report and the Judicial Committee, met on 19 May 1999.
63. Ms Shortall asked the Minister for Justice, Equality and Law Reform if he will report on the long delays in installing closed circuit television in Finglas, Dublin 11; and if he will consider employing private contractors to carry out the technical work in view of the urgent need for the service. [15389/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): A shortage of technicians in the telecommunications section of An Garda Siochána has impacted on the progress in implementing a CCTV system in Finglas. I am having this problem addressed as a matter of urgency through the recruitment of a significant number of additional technicians. The recruitment process is: now almost complete and new technicians should soon be appointed. However, given recruitment/selection procedures, training needs and so forth, it will, realistically, be some months before the new technicians will be available to commence work on new projects in the telecommunications area, including CCTV.
I am, however, very keen for CCTV to be installed in all the prioritised areas, including Finglas, as soon as possible, and the engagement of private contractors to assist in this process is under consideration.
[270]64. Mr. Spring asked the Minister for Justice, Equality and Law Reform the measures, if any, he is taking to combat the problem of underage drinking of alcohol; if he has satisfied himself that the penalties for those selling alcohol to minors are sufficient; and if he will make a statement on the matter. [15392/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Intoxicating Liquor Act, 1988, already contains a comprehensive set of provisions designed to tackle the problem of underage drinking. The primary purpose of those provisions is to make it as difficult as possible for persons under 18 years to purchase alcohol lawfully, or to be in possession of it or to consume it other than in a private residence. Chief among the provisions are that: it is an offence for any person under 18 years of age to purchase alcohol, or for someone else to purchase alcohol for any person under 18 years of age, whether in an on or off-licence, or to consume it in any place other than a private residence; it is an offence for a licence-holder to sell or deliver alcohol to a person under 18 years or to permit consumption of drink by, or the supply of drink to, such a person; intoxicating liquor in the possession of under 18s in any place other than a private residence may be seized by the gardaí; persons under 15 years are not allowed into the bar of a licensed premises unless accompanied by a parent or guardian; no person under 18 years is allowed in the part of licensed premises where an extension under a special exemption order is in force; and under 18s are not allowed on off-licensed premises unless accompanied by a parent or guardian.
The Garda Siochána are given powers under the 1988 Act to demand names and addresses, seize intoxicating liquor, arrest without warrant and enter and inspect premises.
I am informed that the Garda are enforcing the legislation on underage drinking on a daily basis countrywide. The provisions of the Criminal Justice (Public Order) Act, 1994, are also being used to seize alcohol from underage persons and to arrest those whose behaviour merits such a response.
On 19 January 1999, I made regulations to provide for the introduction of a national voluntary age card scheme as provided for in section 40 of the Intoxicating Liquor Act, 1988. Those regulations came into effect on 19 April 1999. Any person who has attained 18 years of age is entitled to apply for an age card at his or her local Garda station. The voluntary age card scheme should, in time, prove an effective additional deterrent in the fight against the scourge of underage drinking.
The seriousness with which a breach of the laws in relation to underage drinking is viewed is demonstrated by the fact that infringement of these laws can result in the holder of any intoxicating liquor licence having his or her licence mandatorily endorsed. A third live endorsement [271] results in the automatic forfeiture of the licence. In addition, breaches of the law attract a range of fines in the case of a first offence and in the case of any subsequent offence. In the context of my general review of the licensing laws, I am considering the question of stiffer penalties, either by way of an increase in fines or by other means. The details of any Government decisions in this area will be announced in the usual way.
65. Mr. Durkan asked the Minister for Justice, Equality and Law Reform the action, if any, he will take to deal with the present spate of shootings and killings; if these crimes have been identified as drug related; if there is other known involvement; and if he will make a statement on the matter. [15398/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I am informed by An Garda Síochána that the incidents referred to by the Deputy are currently under investigation. As these investigations are ongoing, it would be inappropriate for me to comment further at this stage, other than to say that the Garda have assured me that appropriate initiatives are in place to address the issues involved.
68. Mr. Stagg asked the Minister for Justice, Equality and Law Reform the extent of the joyriding problem in the Dublin metropolitan area; the percentage of Garda cars supplied with stinger devices; and if he will make these available for all Garda cars in order to combat this problem. [15387/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The offence of unauthorised taking of a vehicle, commonly referred to as joyriding, is a criminal offence under section 112 of the Road Traffic Acts, 1961, as amended. joyriding within the Dublin Metropolitan Area is an ongoing problem in some areas such as Tallaght, Ballyfermot, and Clondalkin, and can be sporadic in such areas as Darndale, Belcamp and Moatview.
I have been informed by the Garda authorities that where the problem exists a number of approaches are taken to tackle it. These include: education – the use of an anti joy-rider video produced in Ronanstown in connection with the GRAFT youth diversion programme, shown to school children; enlistment of parents in the community and community groups, for example, efforts are under way in the Tallaght area to establish a group similar to a group known as Mothers against joyriding who were of considerable assistance a few years ago in reducing incidents of joyriding; the establishment of an anti joyriding unit in the Tallaght area in response to an identified problem; development of policing [272] strategies such as Operation Steering Wheel which is ongoing in the Coolock area; the introduction of special patrols in the Ballyfermot and Clondalkin areas, utilising four wheel drive vehicles, where this is necessary; deployment of the stinger device; and traffic calming measures implemented by the various Dublin local authorities where this is feasible.
I am informed by the Garda authorities that it is generally a hard core of youths who engage in this activity, many of whom are known to the gardaí, but with the assistance of onlookerssupporters it is often difficult to arrest them. There is a high degree of recidivism, with many youths being arrested on several occasions, and with a number of offenders being on temporary release at the time of arrest. As the prison building programme progresses, I propose to ensure that unplanned or unprogrammed releases do not take place for serious crimes such as joyriding . I am confident that this should impact on recidivism.
I have been assured by the Garda authorities that the strategies currently in place to combat joyriding are reviewed periodically and changes to tactics are made where necessary to ensure continued effectiveness.
I am further informed by the Garda authorities that the percentage of squad cars supplied with stinger devices is one stinger for 3.7 cars. The number of marked patrol cars in the Dublin Metropolitan Area is 185 at present. As the problem of joy riding is not common across the city not all Garda cars in the city are allocated a stinger device. However, I have been assured by the Garda authorities that the allocation of these devices is kept under review by Garda management.
69. Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of gardaí on the beat; the ratio of members of the force per 1,000 of the population; the way in which this figure compares with other EU jurisdictions; and if he will make a statement on the matter. [15397/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Garda authorities have advised that the total strength of An Garda Síochána as of 31 May 1999 is 11,181. There are 8,825 gardaí and 1,865 sergeants who could, on operational duties, be required to perform beat/patrol duties. These figures include gardai and sergeants currently employed on detective and administrative duties. It is a matter for the Commissioner to decide on a day to day basis the detailed deployment of the resources available to him, taking into account operational considerations.
The Garda authorities have also advised that An Garda Siochána has a Garda to population ratio of 1:328 and that the most up to date statis[273] tics for other EU countries are as set out on the next page. It is necessary to bear in mind, in looking at comparative police population ratios, that in some jurisdictions police-type services may be carried out by separate agencies, for example, in relation to security matters. Straightforward police population figures, therefore, need to be treated with some caution as indicators of the proportionate numbers engaged in law enforcement duties in different jurisdictions.
| Greece | 1:222 |
|---|---|
| Portugal | 1:228 |
| Italy | 1:239 |
| France | 1:253 |
| Austria | 1:287 |
| Spain | 1:309 |
| Belgium | 1:312 |
| Luxembourg | 1:354 |
| Germany | 1:367 |
| U.K. | 1:372 |
| Sweden | 1:500 |
| Netherlands | 1:503 |
| Denmark | 1:522 |
| Finland | 1:600 |
70. Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform the way in which he considers that training and work experience of solicitors renders them unsuitable for the position of legal advisers to the Office of the Director of Equality Investigations and to the Equality Authority; and the steps, if any, he will take to open up these positions to the 6,800 solicitors currently precluded from applying. [15091/99]
92. Mr. Shatter asked the Minister for Justice, Equality and Law Reform his views on whether it is appropriate that eligibility for the position of legal adviser in both the Office of the Director of Equality Investigations and in the Equality Authority should be restricted to barristers only; and the reason eligibility for this position as advertised on 7 May 1999 does not extend to solicitors and other persons such as university law graduates. [15093/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I propose to take Questions Nos. 70 and 92 together.
In reply to Question No. 70, the position is that the legal advisers to be recruited from the competitions, advertised by the Civil Service Commission last month, will be the primary source – similar to the situation in the case of legal assistants in the Office of the Attorney General – for in house legal opinion and advisory work relating to the interpretation of the new equality enactments as well as case law. As such the work for which the legal advisers are sought is in the domain of activity normally reserved to barristers and for which their training and work experience particularly fits them.
Question No. 92 appears to arise from my reply to an earlier question asked by Deputy O'Keeffe [274] on this matter. In reply, I would say that it is reasonable, in view of the fact that there are two branches in the legal profession, that my Department should be in a position to seek to employ persons with a background in one or other branch of the profession depending on the nature of the work involved. Solicitors engage barristers, on behalf of clients, to consider, interpret and advise on specific aspects of the law. It is work of that kind for which the legal advisers, presently being recruited, are sought. In the circumstances, I consider that the qualifications for the posts are appropriate.
71. Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform the positive equality measures in place within his Department to ensure that minority groups in society have the opportunity to gain employment and to progress through the promotional ladder within his Department; and if he will make a statement on the matter. [15371/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I understand that the Deputy is referring to my Department as an employer. In this regard, I can confirm that a policy of equal opportunity applies to all campaigns for the recruitment of staff conducted by my Department. In relation to internal promotional outlets, every opportunity and careful consideration is given to all staff especially those that experience disadvantage.
My commitment to the enhancement of employment opportunities for people in minority groups is reflected in measures already in place. On taking up office, I ensured that priority was given, within the equality agenda, to the finalisation of revised employment equality legislation which resulted in the enactment of the Employment Equality Act, 1998. The Act prohibits discrimination in relation to employment on nine grounds – gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the traveller community. The Act outlaws discrimination on any of the discriminatory grounds in relation to all areas relevant to employment, including access to employment and promotion. The target date for implementation of the Act is 1 September 1999.
72. Mr. Broughan asked the Minister for Justice, Equality and Law Reform the action, if any, he will take arising from the recent report of the national steering group on deaths in prisons; and if he will make a statement on the matter. [15361/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I welcome the recommendations of the national steering group and I hope, [275] in conjunction with the group, to be in a position to follow up on them as soon as possible.
To that end, my officials will shortly be issuing invitations to the group to continue to meet on a regular basis to provide a forum for collating reports of the local suicide awareness groups within the institutions and to disseminate significant findings-lessons learned through the prison system. The group will also be invited to organise an annual forum for the suicide awareness groups of each institution.
It is my intention, with the support of the group and all concerned within the prison system, to ensure that there is in place a clear and systematic approach aimed at the prevention of suicide. I am happy to note the group's recognition that there are currently good policies in place and as to the level of awareness of prison staff in general. I would hope that these policies will continue to be built upon.
73. Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the investigation, if any, held into allegations made in the course of a High Court affidavit regarding improper sanctioning of expenses claimed by certain staff; the outcome of any inquiry; and if he will make a statement on the matter. [15364/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The matter referred to by the Deputy had been examined by a senior official of my Department some months prior to the preparation of this affidavit and, as I have indicated in reply to Question No. 234 on 25 May, to the best of my knowledge and advice, no fraud, irregularity or overpayment occurred in relation to the expenses concerned in this case.
75. Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform when the appointment of new judges to the High Court will be recommended; the number that will be recommended; and if he will make a statement on the matter. [15090/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): There is currently one vacancy, for a High Court Judge arising from the resignation of Mr. Justice Cyril Kelly on 20 April 1999. In accordance with section 16 (2) of the Courts and Court Officers Act, 1995, I requested the Judicial Appointments Advisory Board to submit to me a list of nominations for that position which I have recently received.
The Government will, therefore, be in a position to make a recommendation on this appointment to the President in the near future,
[276]76. Mr. Ferris asked the Minister for Justice, Equality and Law Reform the progress, if any, being made on to the establishment of a drugs court pilot project; and if he will make a statement on the matter. [15375/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The House will be aware that the 1997 Programme for Government listed as one of its key priorities the creation of a drug courts system which would involve court supervised treatment programmes for less serious drug related offences. In accordance with this commitment, I requested the working group on a courts commission, chaired by Mrs. Justice Susan Denham, to consider the establishment of a drug courts system in Ireland.
The primary recommendation of the working group was that a drug courts planning programme be commenced. US experience in drug courts highlighted the importance of proper planning to the success of the programme. In September 1998, I announced that the Government had approved the establishment of a pilot drug court programme in the District Court in 1999.
In February 1999, I established the Drug Court Planning Committee, representative of the Judiciary and all relevant interests, under the chairmanship of Judge Desmond Hogan. The remit of the committee is to initiate, develop and oversee a drug court planning programme with clearly defined goals and objectives, The committee is also involved with an assessment of the resource and infrastructural requirements of the programme setting out the likely costs and potential savings.
I understand that the planning committee is working diligently and that its report will provide the basis for a significant change in approach towards non-violent drug related crime. I am pleased to say that I received notification on 9 June that the report of the planning committee is imminent. This report will facilitate the introduction of the drug court pilot scheme over the coming months.
77. Mr. O'Shea asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to introduce legislation to fulfil the equality commitments of the Amsterdam Treaty; and if he will make a statement on the matter. [15370/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Treaty of Amsterdam, which entered into force on 1 May 1999, contains improved provisions on equality between men and women and provides for action by member states to combat discrimination in a range of other areas.
Article 13 of the Treaty enables the EU to take action to combat discrimination based on sex, racial or ethnic origin, religion or belief, dis[277] ability, age or sexual orientation. Article 13 states that the European Council, acting unanimously on a proposal from the EU Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on the aforementioned grounds. The right of initiative, therefore, rests with the Commission. In response to Article 13, the Commission recently proposed a three-part anti-discrimination package of measures containing a directive to combat discrimination in the workplace on all the grounds under Article 13 except gender; a directive to combat discrimination on grounds of race and ethnic origin which would have a broader scope and would extend beyond the workplace; and an action programme to support and implement the legislative programme.
These proposals are at an early stage of development and it is envisaged that the proposed provisions will be very general in nature so as to allow individual members states sufficient flexibility in developing their own measures to combat inequality and discrimination.
Article 141 of the treaty extends the scope of the former Article 119 and gives equality of treatment between women and men a specific legal base. It retains the obligation on member states to ensure the application of the principle of equal pay for equal work, as between men and women and makes it clear that this principle includes work of equal value. It includes new provisions that will allow the Council to adopt measures to ensure the application of the principle of equal opportunities and equal treatment for men and women at work. In addition, there is provision to allow member states to adopt or maintain positive action measures to redress existing imbalances between the sexes.
The existing Anti-Discrimination (Pay) Act, 1974, and the Employment Equality Act, 1977, give effect to the former Article 119 and equal treatment directives, in the area of employment.
In Ireland, legislation which will outlaw discrimination in both the employment and non-employment areas is at an advanced stage. The Employment Equality Act, 1998, will outlaw discrimination in the workplace on nine grounds. i.e., gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the traveller community and 1 September 1999 has been set as a target date for the implementation of the Act. The Equal Status Bill, 1999, which prohibits discrimination on the same nine grounds in non-workplace areas, such as education, the provision of goods and services and accommodation, is currently before this House.
It is not possible to say at this stage what further legislation might be required to fulfil the equality provisions of the Amsterdam Treaty.
[278]78. Mr. Penrose asked the Minister for Justice, Equality and Law Reform when the planned register of sex offenders will be in place; when the legislation to provide limited legal representation for victims in rape cases will be published; and if he will make a statement on the matter. [15372/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Government's An Action Programme for the Millennium contains a commitment to introduce a register of sex offenders. In February last, I sought and obtained Cabinet approval for the preparation of heads of a sex offenders Bill to provide for the establishment of such a register, the principal focus of which to be offences against children. On 1 June, following consideration by the Cabinet of the heads, I received approval for the drafting of the Bill.
In addition to the register, the Bill will deal with post-release supervision of sex offenders by the Probation and Welfare Service, and separate legal representation in certain circumstances for complainants of rape and serious sexual assault. It will also include provision for a new civil court order against a sex offender whose behaviour in the community gives the gardaí reasonable cause for concern that the order is necessary to protect the public from serious harm. In addition it will create an offence for a convicted child sex offender to seek or accept employment involving unsupervised access to children without informing the employer of the conviction.
These measures arise, in the main, from the discussion paper on the law on sexual offences which I published in May of last year, and are in line with the responses received to that paper.
Preparation of this legislation has been and will continue to be given a high priority within my Department. I expect that the Bill will be drafted in time for its enactment during the next Dáil session.
79. Mr. Howlin asked the Minister for Justice, Equality and Law Reform the progress made to date in the search for the bodies of the nine people murdered by the IRA known as the disappeared; the number of Garda man hours spent on the search to date; if additional steps are being considered to bring the searches to a successful conclusion; and if he will make a statement on the matter. [15357/99]
87. Mr. Quinn asked the Minister for Justice, Equality and Law Reform the contacts officials of his Department have had regarding the recovery of the bodies of those believed to have been kidnapped and murdered by paramilitaries in Northern Ireland; the latest information available to his Department regarding the possibility of the recovery of the bodies; and if he will make a statement on the matter. [10096/99]
[279]91. Mr. Sargent asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the calls of the relatives of the disappeared for the IRA to pinpoint the exact locations of the graves in order to shorten the wait for the families; and if he will make a statement on the matter. [14871/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I propose to take Questions Nos. 79, 87 and 91 together.
The background to the search for the remains of the missing persons in question is as follows.
At its meeting on 29 March 1999, the Government approved the issuing of a statement to the effect that, following indications from Sinn Féin that a genuine effort was being made to locate the graves of missing people, it was prepared to facilitate a process in relation to the locating of the remains through introducing legislation to the effect that evidence resulting from that process could not be used in the prosecution of offences. The British Government indicated that it would also introduce similar legislation. Very shortly afterwards the Provisional IRA issued a statement to the effect that it had succeeded in locating the remains of nine victims.
Detailed discussions took place between officials of my Department and the UK authorities with a view to putting in place a framework for the purpose of locating the remains of victims. This culminated in the signing of an agreement between the two Governments on 27 April. The Criminal Justice (Location of Victims' Remains) Act, 1999, was enacted to provide for the independent international commission, as established under the Agreement between the two Governments, to facilitate the location of the remains of victims of paramilitary violence killed prior to 10 April 1998. The legislation also provides that evidence resulting from the process of locating the remains of victims cannot be used on behalf of the prosecution in criminal cases.
Subsequent to the enactment of this legislation and equivalent legislation in the UK, the Commission for the Location of Victims' Remains was established on 28 May 1999. The Governments appointed Sir Kenneth Bloomfield, the Victims Commissioner in the North, and the former Tánaiste, Mr. John Wilson, who fulfils a similar role in relation to victims in this jurisdiction, to the Commission.
On 28 May 1999, i.e. the same day on which the Commission had been established, Mr. John Wilson, with the consent of Sir Kenneth Bloomfield, issued the following statement:
Intermediaries have contacted the Commission and indicated the location of certain graves. The Commission have given the knowledge of locations to the Garda Síochána. They will secure these sites and proceed with the exhumation. There will be a proper scientific presence. Relatives are being informed and will be treated with the utmost sensitivity. The remains will be transported to Dublin where [280] suitable arrangements will be made for relatives.
Again on 28 May 1999 at approximately 7.30 a.m. the Garda Síochána took possession of a coffin located at Old Faughart graveyard, stated to contain the remains of Mr. Eamonn Molloy who has been missing since 1975. Steps are being taken to verify the identity of the remains and once that process has been completed it will be possible to release the remains to the family for burial.
The gardaí, on 29-30 May, secured a further six locations, which had been identified to the Commission as containing the remains of a further eight missing persons. The six locations are Ballydonnel Brook, Ballynuitagh, Blessington, County Wicklow, Kilmurray, Castleblayney, County Monaghan, Brogan, Carrickroe, Emyvale, County Monaghan, Templeton Beach Car Park, Carlingford, County Louth, Oristown Bog, Kells, County Meath, and Coghalstown, Wilkinstown, Navan, County Meath.
Work is ongoing by the gardaí at each of the six locations. The terrain at all the locations is proving to be a particularly difficult aspect of the search operation. Where possible, the Garda search operations commenced at the point identified as the most likely point where remains would be located. The search areas in these instances have since been considerably widened. Specialised radar equipment has been used to assist in the location of the remains. All resources required to complete this operation successfully, including significant Garda manpower resources, are being utilised. While the cost of the operation is being monitored by the Garda authorities on an ongoing basis, the Government and the Garda authorities remain fully committed to doing everything possible to recover the remains of the missing persons and return them to their respective families and, accordingly, the searches are being continued.
To date, no remains have been located at any of the six locations mentioned. The reality is that the level of success in locating the remains of the persons in question is dependent on the information which has been made available. While there is no reason to doubt that everyone participating in this process is acting in good faith and while also acknowledging the undoubted difficulties in pinpointing locations 20-25 years later on, I am, of course, also very well aware of the distress and trauma being caused to the families and relatives of these persons arising from the prolonged searches. I can say that the gardaí are maintaining close contact with families in all cases and keeping them informed of the situations. The Garda authorities have also been maintaining close contact with the Commission for the Location of Victims' Remains to ensure that they exploit to the full whatever information is available to assist in the location of the remains of the missing persons and will continue to fully investigate any information given to them by the Independent Commission in an effort to bring this sorry affair to an end.
[281]80. Mr. O'Shea asked the Minister for Justice, Equality and Law Reform the proposals, if any, he has to bring children born before 3 June 1996 within the terms of the Parental Leave Act, 1998; and if he will make a statement on the matter. [15369/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): There are no plans at this time to amend the Parental Leave Act, 1998 to bring children born before 3 June 1996 within the terms of the Act.
As the Deputy is aware, in accordance with Article 169 of the European Treaty, the European Commission notified the Government, by letter dated 11 March 1999, that it was of the view that Ireland, by restricting entitlement to parental leave to children born or adopted on or after 3 June 1996, had included a condition in the Parental Leave Act, 1998 which is not permitted under the Parental Leave Directive (96/34/EC).
Under the established procedures covering Article 169 proceedings, Ireland has two months from the date of the communication from the European Commission within which to respond to the issue raised in it. In accordance with these procedures, a response was forwarded on 4 May, to the European Commission, via the Permanent Representation. The response, copies of which have been sent to the Oireachtas Library, sets out the reasons for the approach adopted by Ireland in the context of the Parental Leave Act, 1998. The matter is now in the hands of the European Commission. Accordingly, it would be premature to contemplate any amendment to the legislation at present.
81. Mr. Bell asked the Minister for Justice, Equality and Law Reform the membership and terms of reference of the recently established National Crime Council; and if he will make a statement on the matter. [15358/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): As the Deputy will be aware, I recently obtained Government approval to establish the National Crime Council. I regard this as an important step in providing a permanent forum for the development, expression and contribution of a wide range of views into the development of anti-crime strategies and policies. I believe that in this complex area, the public policy making process can only be enhanced by the establishment of the council.
The council will focus on crime prevention, with particular emphasis on the underlying causes of crime, and the development of partnerships and practical approaches which will be effective at community level. It will focus directly on raising public knowledge and awareness of crime. The council will, among other things, examine the issue of “fear of crime” generally and how [282] this impacts on minorities. It will report and make recommendations to me as appropriate.
As I have said here previously, one of the obstacles to effective policy making in the areas of crime and crime prevention is the scarcity of research. A key function of the council will be to identify priorities for research projects which could be commissioned by my Department. The council will also provide an input to the development of a White Paper on crime in relation to the issues coming within the council's remit.
The Council will be free to consult as appropriate, and as part of a two-way process will link into key Government Departments and the existing wide range of committees and bodies, both statutory and non-statutory, which have an interest in crime policy. This will ensure that the council has available to it a wide repository of information and expertise on a range of matters.
I expect to be in a position to announce details of the membership of the council in the near future.
82. Ms McManus asked the Minister for Justice, Equality and Law Reform if he will ensure that all prison doctors receive training in methadone maintenance within a standardised approach adopted across all prisons in view of the serious deficiencies in the prison medical service and his Department's drug action plan; and if he will make a statement on the matter. [13965/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I am fully supportive of all doctors being adequately trained in relation to the medical use of methadone. Apart from their general training, a number of prison doctors have undertaken such additional training. I am continually seeking to improve the medical services available to offenders. The recruitment of nurses for the various prisons is currently under way on a phased basis. Officials from my Department are involved in ongoing discussions with the EHB with a view to co-ordinating the provision of various drug treatment services.
With a view to tackling drug abuse in a comprehensive way, I have recently approved a draft action plan on drug misuse and drug treatment in the prison system. The plan builds on a medical policy which has been agreed between my Department and the EHB. The action plan provides a detailed strategy to raise the level of treatment for drug addicted offenders. This includes the expansion of detoxification facilities, more drug free areas and the provision of methadone maintenance where this is considered medically appropriate.
As well as implementing the drugs action plan, it is my intention to ensure that no effort is spared in eliminating, in so far as it is possible to do so, the smuggling of drugs into our prisons. Progress in this area to date has been hindered by severe overcrowding in the committal prisons in recent [283] years. This will be alleviated to a large extent when the new remand prison at Cloverhill is fully operational and as more prison places come on stream later this year with the opening of the new Midland's Prison. Both these new prisons are designed to hinder more effectively attempts to smuggle drugs through greater use of technology and screened visits.
84. Mr. Wall asked the Minister for Justice, Equality and Law Reform when the shortage of juvenile detention facilities will be addressed in view of the recent comments that the prison crisis will soon be over; and if he will make a statement on the matter. [15395/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): Approximately 90 spaces will become available shortly in St. Patrick's Institution for juvenile male offenders following the transfer of the female offenders to the new women's prison beside Mountjoy.
In the normal course, facilities for those under 16 years of age is a matter for the Department of Education and Science.
85. Mr. McDowell asked the Minister for Justice, Equality and Law Reform the waiting time for appointments with solicitors at each legal aid centre; the steps, if any, being taken to reduce waiting times; and if he will make a statement on the matter. [15382/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The waiting times for appointments with solicitors as at 31 May 1999 are set out in the table which I will have circulated with the Official Report. In four law centres the waiting time for an appointment was one month or less, in seven law centres it was between one and three months, in five law centres it was between three and six months, in seven law centres it was between six and 12 months, in five law centres it was between 12 and 18 months and in two law centres the waiting time was greater than 18 months.
In consultation with the Legal Aid Board, I continually monitor the position with regard to waiting times at the law centres operated by the Legal Aid Board. I am aware that waiting times in some law centres are continuing to increase notwithstanding the allocation of significant additional resources. Where waiting times, for whatever reasons, become excessive the position is examined by the board with a view to taking remedial action.
In this regard, the Legal Aid Board has operated a private practitioners scheme in the Dublin area on a pilot basis for some years. I understand that the board intends to extend the scheme on a nation-wide basis in the coming months. The [284] private practitioners scheme provides a complimentary legal service to that which is already available from the law centres. The expansion nationwide of the private practitioners scheme, should increase the throughput of legally aided cases and also enable the law centres to devote more resources towards non District Court matters.
The board operates a policy of providing a priority service in a range of issues which include domestic violence, child care and child abduction. A substantial number of appointments are given each month on a priority basis. For example, 1,879 of the 8,722 appointments offered in law centres in 1998 were for priority matters. None of those accorded priority were put on waiting lists. In the Dublin area, 911 appointments were offered through the private practitioner scheme operated by the Legal Aid Board in 1998.
In order to combat the increase in waiting times, I made additional resources available to the Legal Aid Board in 1998 and again in 1999. I increased the grant-in-aid by 15 per cent in 1998 to £9.615 million and I am further increasing the allocation to £11.953 million this year, an increase of 24 per cent on 1998. An additional allocation of £l million for legal services for asylum seekers has been made in 1999, bringing the total current allocation to £12.953 million, an increase of 34 per cent over last year.
While the board has sanction for 89 solicitor posts, there are currently solicitor vacancies in three law centres, namely, Dundalk, Popes Quay and South Mall, Cork. A competition is under way to fill these three posts and the board is confident it will have its full complement of 89 solicitors in place shortly. I believe that these allocations should help to alleviate the situation with regard to waiting times in the law centres.
Waiting Time (in months) for appointments with solicitors of the Legal Aid Board at 31st May, 1999.
86. Mr. Callely asked the Minister for Justice, Equality and Law Reform the personnel level and support vehicles in the J district; if he has satisfied himself that there are adequate personnel and supports to meet the demands on the gardaí; and if he will make a statement on the matter. [14999/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The detailed deployment of Garda personnel to individual areas is a matter for the Garda authorities. They have advised that the current staffing strength of the J district, as of 31 May 1999, is 145 – all ranks – and that there are 14 official vehicles allocated to the district which are utilised for patrolling purposes.
The Garda authorities have also advised that the allocation of vehicles is adequate and that they are satisfied with the present policing arrangements in place in the J district. However, the situation pertaining to policing the J district will be kept under review and when additional personnel next become available, the needs of the J district will be fully considered in the overall context of the needs of all other divisions throughout the country.
89. Ms Shortall asked the Minister for Justice, Equality and Law Reform the areas, if any, where his Department is experiencing staff retention or recruitment problems in relation to its services for children, particularly in relation to juvenile liaison officers; and if he will make a statement on the matter. [15393/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The main responsibility for providing services for children rests with my colleague, the Minister for Health and Children. That said, a number of areas of my Department, or of agencies under its aegis, are involved with children, the principal examples being the juvenile liaison service of the Garda Síochána and the Probation and Welfare Service.
The Garda authorities have informed me that they have no problems in recruiting and retaining staff who work with children and young people. In relation to the community based Garda youth diversion projects which are aimed at diverting juveniles from crime, the civilian staff, i.e., the project co-ordinators, are recruited for each pro[286] ject following competitive interview. I am not aware of any difficulties in relation to the recruitment or retention of civilian staff where these projects are concerned. Selection of suitable personnel from the force to fill vacancies for juvenile liaison officers is achieved by choosing from a panel of applicants.
Probation and welfare officers in the Probation and Welfare Service may be assigned to duties connected with the courts, places of detention and special schools run by the Department of Education and Science and provide a service to children in the course of these duties.
At present there are a number of vacancies in the Probation and Welfare Service which have arisen as a result of retirements, resignations, career break and job-sharing applications. Arrangements for the filling of these vacancies are ongoing. The Civil Service Commission has been asked to assign to the service probation and welfare officers who were placed on a panel last year following a competitive interview.
Finally, I can confirm that, notwithstanding the difficulties experienced by my Department and others in relation to the recruitment of new staff generally, my Department and the Department of Finance are in the process of finalising a package which, hopefully, will target a larger number of applicants for a new competition for probation and welfare officers which will be advertised by the Civil Service Commission in the very near future. In addition to the filling of vacancies, this recruitment campaign is also geared towards the filling of 39 additional posts recently sanctioned for the Probation and Welfare Service to deal with increased workload.
90. Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he will provide details of his Department's programme for the refurbishment or replacement of Garda stations; the order of priority in which this work will be carried out; and the timescale and costs involved. [15388/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): As the Deputy will know, much of the accommodation occupied by the gardaí up to recent years was very old, many stations have been former RIC Barracks. I am glad to say, however, that over the last number of years many new stations have been built and much refurbishment of existing stations has been undertaken.
I have an on going building programme to deal with these Garda stations which yet remain to be replaced or refurbished. Capital funding of approximately £6.5 million is available through the Office of Public Works for the building programme this year, with some additional funding for the Garda College project. You can be assured that I will be pressing for the maximum [287] funding for the programme going forward to next year and beyond.
Building projects that are on going at present include Thurles and Mayorstone. Projects which are nearing completion or recently completed include Kenmare, Clonakilty, Kilkenny, Bagnalstown, Sneem and Waterford.
There are a number of projects which are expected to commence this year. These include Loughrea, Rathmines, Clondalkin, Cobh, Tullamore, Bray, Castlecomer, Dunshaughlin, Kealkil, Kilmoganny, Waterville, Roundstone and Ballinskelligs. It is also expected that work will commence on the Garda College project which, when completed, will provide an additional bedroom block, lecture theatres and recreational facilities.
In addition to the above projects, maintenance work will be carried out as it arises on as many stations as resources will allow. There is a provision of £3.5 million approximately for 1999. It is not possible to give a comprehensive list of these locations before works are undertaken.
93. Mr. Sargent asked the Taoiseach if he will list the 175 applications received for funding under the Irish Soldiers and Sailors Land Trust; and the names of the successful applications to date. [14893/99]
The Taoiseach: The 175 applicants for funding under the Irish Sailors and Soldiers Land Trust Act, 1988 are listed in the following table:
Grampus Heritage & Training Ltd.
Institute of Irish Studies, University of Liverpool
Irish Commission for Prisoners Overseas
Dun Laoghaire Genealogical Society
National Museum & Galleries of NI
Irish United Nations Veterans Association – Post 19
Irish United Nations Veterans Association
Rosses Point Heritage Association
Ethnic & Racial Studies, Trinity College
Centre for Innovation and Entrepreneurship
Council of the Heads of Music in Higher Education
National Youth Council of Ireland
Irish in Britain Representation Group
Islington Women's Counselling Centre
British Association for Irish Studies
Department of Criminology, Keele University
St. Mary's University College, Twickenham
Irish Genealogical Research Society
Irish Diaspora Project (Trinity)
[288] Association for Voluntary Action Research in Ireland
Emigrant Advice – Information & Counselling Service
Irish Studies Centre, University of North London
Irish Association for Cultural, Economic & Social Relations
Irish Guards Association – Southern Ireland Branch
Dept. of Government, National University of Ireland, Cork
Voluntary Service International
Glencree Centre for Reconciliation
Benevolent Society of St. Patrick
Association of Professional Genealogists in Ireland
Leitrim County Enterprise Board
Transition Year Curriculum Support Service & Irish
Episcopal Commission for Emigrants
Warrington Ireland Reconciliation Enterprise
Reinsurance Institute of Ireland
Centre for Migration Studies at the Ulster American
Huddersfield Irish Association
A Community Facility for Parents & Children
Rathconnell Cemetery Restoration Group
Dublin & Liverpool Artist Co-Op
Killybegs Coast & Cliff Rescue Service
Boomerang – Cork Young People's Theatre Company
St. Mary's BNS and Shankill School (Salmon of Knowledge)
Bray & North Wicklow Women's Network
Royal National Institute for Deaf People
National Ex-Servicemen & Women
Unit for the Study of Government in Scotland,
Irish Society for Mental Health & Deafness
Friends of the Somme (mid-Ulster Branch)
Ulster Placenames Society – Queens University
Castletownbere Lifeboat Crew: Proposed CABLE Project
Carlingford Lough Marine Rescue
A Journey of Reconciliation Trust
South London Family Service Unit, Irish Service
Irish Government Senior Scholarship, Hertford College
Royal British Legion (Northern Ireland)
[289] Interdepartmental Committee for the Development
of the Battle of the Boyne Site
St. Paul's Disabled Care Group
Institute of Irish Studies at Queen's University Belfast
Confederation of Community Groups
Centre for Peace & Development Studies
Cambridge Group for Irish Studies
Irish Landscape Magazine Project
Irish Area Royal Naval Association
Irish Committee of European Cultural Foundation
All Ireland Environment & Business Association
Where Poppies Grow – Irish Musicals
Maritime Volunteer Service – Belfast Unit
Royal British Legion Society Ltd
Federation for Ulster Local Studies
Merchant Navy Association of NI
Cystic Hygroma & Hemangioma Online Support Group
Coleraine & Ballymoney Branch of the Regimental
World War 2 – Study of Military Wrecks
Cross-border wood-turning business
Giant's Causeway & Bushmills Railway
Goldsmiths College, University of London
Cara Irish Housing Association
Royal Irish Fusiliers Museum, Armagh
Dublin City Convention Committee
Out of the West Irish Diaspora Research
Moneymeena & District Development Group
The Irish History Students Association
William J. Maguire, Askeaton Co. Limerick
Military Heritage of Ireland Trust
The Cost of the Troubles Study
The 59 projects to be assisted are as follows:Aberdeen – Research Institute of Irish & Scottish studies
Bradford – Irish diaspora research unit
Bray & North Wicklow Women's network
British Association of Irish Studies
Cambridge Group for Irish Studies
[290] Centre for Peace and Development Studies
Federation for Ulster Local Studies
Glencree Centre for Peace & Reconciliation
Huddersfield Irish Association
Irish Association for Cultural, Economic & Social Relations
Irish Episcopal Commission for Emigrants
Irish Commission for Prisoners Overseas
Irish Community Care Manchester
Irish Genealogical Research Society
Irish in Britain Representation Group
Islington Women's Counselling Centre
World War 2 – study of military wrecks
Journey of Reconciliation Trust
Keele University – Dept. of Criminology
Leicester Irish Studies Centre
Military Heritage of Ireland Trust
Royal National Institute for Deaf & National Association
R.E.A.C.H across the Diamond, Derry
South London Family Service Unit
Salmon of Knowledge – Shankill school
Voluntary service international
Women on Ireland Network – Britain
94. Mr. Deenihan asked the Taoiseach the quantity and value of poultry imported in 1996, 1997 and 1998. [15228/99]
The Taoiseach: The following table shows the value and volume of Ireland's imports of poultry products for the years 1996, 1997 and 1998.
Poultry Imported| Tonnes | £m | |
|---|---|---|
| 1996 | 25,382 | 54.4 |
| 1997 | 24,563 | 60.8 |
| 1998 | 33,899 | 80.5 |
Note: It should be noted that, overall, approximately 7 per cent of trade is unclassified by commodity. The unclassified trade consists mainly of intra-EU estimates, including estimates for traders below the import survey threshold of £100,000.
[291]95. Mr. Durkan asked the Taoiseach if he has received any notification or request for the creation of a symbolic millennium memorial constructed of decommissioned weapons used in the Northern Ireland conflict; if he will support this proposal; and if he will make a statement on the matter. [15322/99]
The Taoiseach: The National Millennium Committee advises on projects of national significance for inclusion in the Government's millennium programme. Advertisements have been placed in the national newspapers inviting project proposals. To date a proposal as described by the Deputy has not been received. In the event of receiving such a proposal, the millennium committee will give it consideration under the terms of its remit.
96. Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment if a longstanding claim for redundancy compensation for workers of the Hospital's Trust (1940) Limited will be brought to a satisfactory conclusion in view of the age of the workers concerned; the steps, if any, she has taken to facilitate and expedite their proper redundancy entitlements; the further initiatives, if any, which have been taken by or on behalf of representatives of these workers or on behalf of the Government; and if she will make a statement on the matter. [15103/99]
Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney): My Department has no specific responsibility in relation to this matter.
However, the Government is examining how the State might recognise the contribution which has been made by the Hospitals Sweepstakes pensioners and discussions are taking place between the Taoiseach and myself on this matter.
97. Mr. Stagg asked the Tánaiste and Minister for Enterprise, Trade and Employment if the investigations by the Health and Safety Authority into a spate of serious lapses in safety standards at Ryanair, which resulted in at least two serious accidents, have been completed; if the results of the investigations will be made public; if she will use the powers available to her to initiate an investigation by her Department into these serious and life threatening series of accidents at the company; and if she will make a statement on the matter. [14844/99]
Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): Under the Safety, Health and Welfare at Work Act, 1989, the primary duty for ensuring the health and safety of employees at work, including employees working in the aviation industry, rests with their employer. The Health and Safety [292] Authority is the national body charged with overall responsibility under the 1989 Act for the promotion of occupational safety and health and for the administration and enforcement of relevant statutory provisions on safety and health. Compliance with occupational health and safety law is a day-to-day matter for the authority.
The role of the authority in relation to the aviation industry centres on all ground operations, with a more limited role when aircraft are under the control of air crew. In the latter circumstances, the Air Accident Investigation Branch of the Department of Public Enterprise and the Irish Aviation Authority play key roles.
I am informed that a number of accidents at Dublin Airport have come to the attention of the Health and Safety Authority and have been the subject of investigations under its statutory investigative and enforcement powers. As these investigations and any subsequent action arising therefrom are essentially matters for the authority it would be inappropriate for me to comment on any possible outcome. Given the authority's role and involvement, I have no plans to initiate any other investigation.
98. Mr. S. Ryan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on the operation of the consumer advice centre in O'Connell Street and at other locations; and the resources including funding provided to the centres. [14841/99]
Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): The European Consumer Centre, formerly known as the European Consumer Information Centre, a project co-funded by the Director of Consumer Affairs and DG XXIV of the European Commission, completed its second year of operation in 1998. Located in O'Connell Street, Dublin, the centre is a resource for information on cross-Border consumer protection matters. It is part of a network of ten European consumer offices, known as Euroguichets, based in seven member states, which aim to convey the benefits of the single market to all EU citizens.
The centre has a staff complement of six, including a manager, two expert consumer advisers, who are available to provide on-the-spot information to the public about their rights as consumers, a lawyer/litigation adviser, who is also available to provide back-up advice for consumers with specific queries, an information officer and an office administrator.
The centre provides information and advice in consumer rights, and developments in consumer legislation; a litigation advisory service to members of the public who are involved in actions in the Small Claims Court, and a cross-Border consumer advice.
The centre disseminates information material on the euro issued by my Department, including [293] the Code of Practice on Dual Pricing which I launched on 9 June last, the Euro Changeover Board of Ireland, the European Commission and the Consumers' Association of Ireland.
The centre has a comprehensive documentation centre on Irish and EU legislation, which is expanding on an ongoing basis. In that regard, the centre liaises closely with my Department and the Office of the Director of Consumer Affairs.
The centre dealt with 5,188 inquiries in 1998. This amounted to more than a 100 per cent increase on the figures for 1997. In the last two months of 1998, 22 per cent of all queries related to the euro – the centre is scheduled to publish a booklet on the euro at the end of this month. A breakdown of all queries in 1998 and 1999 to date is set out in the following Appendix.
I had the pleasure of launching the centre's website – http://www.ecic.ie – on 22 April 1999. The website sets out in a user-friendly way guidelines on the legislation in place to protect consumers as well as outlining the services provided by the centre, which are available free of charge to the public.
At the end of 1998, the ECC became an independent entity with, however, the joint funding of both the director and DGXXIV as its only sources of operational income. The total cost of running the centre in 1998 was £178,359 of which the director's contribution was 50 per cent. For 1999, the projected budget is £242,908, of which the director's contribution will again be 50 per cent.
APPENDIXA breakdown of percentages of queries in 1998 referenced by subject matter is as follows.
A breakdown of percentages of queries in 1999 (January-May) referenced by subject matter is set out below.
99. Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if a company (details supplied) is a bonded company; if his attention has been drawn to the extent, if any, of the company's operation covered by bonding; if the company operations have previously been bonded; if so, the extent in this regard; and if she will make a statement on the matter. [14842/99]
Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): I understand that the company concerned is not a bonded company. I am unaware of any activities of the company which would require it to be bonded.
100. Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the wage increase, if any, available to persons on existing FÁS courses resulting in a qualification; and if she will make a statement on the matter. [14861/99]
Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney): I am interpreting the Deputy's question as referring to the allowances paid to participants on FÁS training courses. These allowances are increased periodically in line with increases in social welfare payments.
A training bonus of £25 per week for long-term unemployed people on FÁS training courses was introduced on a pilot basis with effect from 19. April 1999.
The bonus is payable to trainees who were on the live register and in receipt of unemployment benefit or unemployment assistance for 12 months or more before commencing training with FÁS. People who progress to FÁS training from community employment or the job initiative programme will also be eligible for the bonus, provided they completed a minimum of 12 months on community employment or job initiative prior to commencing training.
The training bonus is part of an integrated package of measures which I have introduced this year to improve opportunities for long-term unemployed people to progress to employment. [295] There is clear evidence that people who participate on mainstream FÁS training courses, which have close links to the labour market, significantly improve their chances of getting a job.
101. Mr. Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment the consideration, if any, she will give an application by a company (details supplied) in County Sligo for financial assistance under the INTERREG programme in view of the fact it qualifies as a Border county; if the necessary clearance to grant this funding will be given; and if she will make a statement on the matter. [14963/99]
Minister of State at the Department of Enterprise, Trade and Employment (Mr. Treacy): I am aware that the company to which the Deputy refers plans to construct 20,000 sq. ft. of workspace at Sligo Airport.
I am informed that, when the promoters of the project sought financial assistance for this purpose last year under the Community Economic Development Measure of INTERREG II, the £5.152 million earmarked for projects from the Southern Border counties had already been allocated.
Furthermore, I am advised that, while an additional amount of some £0.5 million has recently become available for southern projects, this is reserved exclusively for projects with a strong cross-Border dimension.
I am assured that some of this additional money is likely to be allocated to various projects in Sligo.
102. Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has considered the case made by smaller brokers that the proposed disclosure regulations will detract from the evaluation of the insurance policies being sold by singling out the cost of the brokerage service without similar analysis of other costs elements and will favour the large institutional providers who have no interest in comparisons of alternatives open to the consumer. [15039/99]
108. Mr. Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment if the thrust of the new disclosure legislation is to ensure a level playing field in disclosure requirements between different methods of distribution; the reason the total bank branch costs are not included in the regulations; the way in which she will stop the manipulation arising from the exclusion of corporate advertising as a cost; her views on whether the banks have an unfair advantage; and if she will make a statement on the matter. [15115/99]
[296]109. Mr. Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will appoint an independent regulator to ensure the actuarial guidelines are applied fairly as the current situation allows the rules to be interpreted subjectively; and if she will make a statement on the matter. [15116/99]
110. Mr. Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason she is not implementing disclosure on all insurance products; the reason large company pension schemes have been omitted from the regulations in view of the fact that this is one of the areas open to the greatest abuse; and if she will make a statement on the matter. [15117/99]
111. Mr. Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment if it is possible to sell life policies as creditor insurance and omit disclosure on these products; the way in which she will ensure that these types of loopholes are eliminated from the new regulations; and if she will make a statement on the matter. [15118/99]
Minister of State at the Department of Enterprise, Trade and Employment (Mr. Treacy): I propose to take Questions Nos. 102, 108, 109, 110 and 111 together.
I again reassure the House that extensive consultations have been held by our Department with all of the interested parties and representative bodies in regard to all aspects of the draft regulations. All of the interests concerned have been given ample opportunity to furnish submissions and to seek clarification and modification, as appropriate, of the proposed regulations. Similarly, the Society of Actuaries has consulted widely in relation to the formulation and content of the accompanying actuarial guidance notes. I understand that submissions have been made to the society by brokers representatives in relation to particular aspects of the guidance notes, including the treatment of corporate advertising as a cost element. I have asked the society, in consultation with our officials, to consider all of the submissions from the point of view of the maintenance and indeed the strengthening of the equivalence concept as between the various life assurance distribution channels and the creation of a level playing field as far as is practicable between providers of life assurance products.
The question of the exclusion of all occupational pension schemes, large and small, is being considered by our Department in the light of representations made by the Pensions Board, the Department of Social, Community and Family Affairs and other interested parties. The question of appropriate disclosure provisions relevant to creditor insurance, which is a particular form of life assurance taken out in connection with a personal loan, is also being considered by our Department.
[297] Given the extensive consultations that have already taken place and the further on going consultations, I urge Deputies to allow due process to prevail in order for these consultations to proceed to finality as quickly as possible.
The life assurance disclosure regulations will be based on specific enabling provisions in the Insurance Bill, 1999 which is due to be published later in the year. Matters of detail in relation to specific provisions of the regulations, as referred to in the questions put by the Deputies, can most appropriately be raised and dealt with when the Bill comes before the House for its examination when every opportunity will be given for debating the general scope and content of the legislation before it is enacted.
103. Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans, if any, she has to put into place monitoring procedures in order to ascertain if large supermarket groups are delisting brand names and products thereby restricting consumer choice; the information or data she has in this regard; the action, if any, she will take in this matter; and if she will make a statement on the matter. [15040/99]
Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney): The European single market gives the right to any supermarket group in Ireland to source products freely within the European Union. At the same time, a comprehensive legal framework exists through which anti-competitive behaviour and abuse of dominant position can be challenged. Provided that the relevant single market and competition rules are adhered to, it is open to any supermarket to decide which products it wishes to stock.
The range of products sold in any supermarket will largely be determined by consumer demand and market forces. This is an area in which control or regulation is not appropriate and I do not intend to introduce procedures to monitor the situation.
104. Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the implementation to date of the Organisation of Working Time Act, 1997; and if she will make a statement on the matter. [15086/99]
Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): I have taken the question to imply a request for information on progress to date in the implementation of the Organisation of Working Time Act, 1997.
The Organisation of Working Time Act, 1997, is the legislative vehicle by which EU Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of [298] working time has been implemented in Ireland. The fundamental objective of both the Directive and the Act is the protection of the health and safety of workers through the application of minimum health and safety requirements for the organisation of their work. The Act came into operation on a phased basis commencing on 30 September 1997, with full implementation of the Act taking effect as and from 1 March 1998.
The Act lays down binding minimum rights and entitlements for workers in respect of such matters concerning their employment as daily and weekly rest, rest breaks at work, maximum weekly working hours, Sunday working and holidays. It does not, however, have application to members of the Gárda Síochána or the Defence Forces. The holiday provisions apply to all workers but Part II of the Act, which contains provisions concerning minimum rest periods and other matters relating to working time, does not apply to persons engaged in the activities of a doctor in training, in sea fishing or in other work at sea; persons who control their own working hours or persons who are family employees working on a farm or in a private house.
Section 19 of the Act sets down the minimum entitlement in respect of holidays but the First Schedule to the Act provides for an arrangement whereby this entitlement could be introduced incrementally on a phased basis over the leave years 1996/7, 1997/8 and 1998/9. However, the minimum entitlement of four weeks annual leave specified in section 19 applies to all workers in the leave year 1999/2000 and in subsequent leave years. Under section 15 a transitional arrangement is also provided for in respect of the maximum weekly working hours ordinarily permitted – i.e., 48 : this arrangement, whose objective is to minimise possible disruptive effects on work and production practices in individual employments, allowed employees, under certain conditions, to work up to 60 hours per week on average during the year commencing 1 March 1998 and allows them to work up to 55 hours per week on average during the year commencing 1 March 1999. This transitional phase will end on the last day of February 2000 by which date all workers covered by the Act will be subject to the maximum limit of an average of 48 hours work per week.
A monitoring group, chaired by an official of my Department and composed of employer and employee representative organisations, was established by me with a broad mandate to examine any widespread difficulties arising in the workplace from implementation of the Act and to propose possible solutions to these. The group held its inaugural session in July 1998, met on a number of subsequent occasions and concluded its business for the time being in March 1999. A report on its work was presented to me in March last and, arising from this, both the Tánaiste and I are in continuing discussion with members of the group in regard to aspects of it. Pending completion of these discussions and any decisions [299] resulting therefrom, I am honour-bound to the parties concerned to treat their report confidentially.
I have made three orders and six sets of regulations under powers available to me in various provisions of the Act. These, together with the purpose of each, are as follows.
S.I. No. 392 of 1997 – Organisation of Working Time Act, 1997 (Commencement) Order, 1997 (The purpose of this Order is to appoint the days on which the specified provisions of the Organisation of Working Time Act, 1997 come into operation).
S.I. No. 475 of 1997 – Organisation of Working Time (Determination of Pay for Holidays) Regulations, 1997 (These Regulations set out the methods of calculating, for the purposes of the Organisation of Working Time Act, 1997 (a) the normal weekly rate of an employees pay (sections 20 and 23) and (b) the appropriate daily rate of an employees pay (section 22))
S.I. No. 20 of 1998 – Organisation of Working Time (Exemption of Transport Activities) Regulations, 1998 (These Regulations prescribe that persons employed in a transport activity as defined in the Schedule should be exempt from the application of certain sections of the Organisation of Working Time Act, 1997 dealing with daily rest, rests and intervals at work, weekly rest, weekly working hours and nightly working hours).
S.I. No. 21 of 1998 – Organisation of Working Time (General Exemptions) Regulations, 1998 (These Regulations prescribe that persons employed in the activities specified in the Schedule to these Regulations shall be exempt from the application of certain sections of the Organisation of Working Time Act, 1997 dealing with daily rest, rests and intervals at work, weekly rest and nightly working hours).
S.I. No. 44 of 1998 – Organisation of Working Time (Code of Practice on Compensatory Rest and Related Matters) (Declaration) Order, 1998 (This Order declares the code of practice set out in the Schedule to the Order to be a code of practice on compensatory rest periods for the purposes of section 6 of the Organisation of Working Time Act, 1997).
S.I. No. 52 of 1998 – Organisation of Working Time (Exemption of Civil Protection Services) Regulations, 1998 (These Regulations prescribe that persons employed in the activities in the civil protection services specified in the Schedule to these Regulations shall be exempt from the application of certain sections of the Organisation or Working Time Act, 1997 dealing with daily rest, rests and intervals at work, weekly rest, weekly working hours and nightly working hours).
S.I. No 57 of 1998 – Organisation of Work[300] ing Time (Breaks at Work for Shop Employees) Regulations, 1998 (These Regulations provide that shop employes whose hours of work include the period from 11:30 am to 2:30 p.m. shall, after 6 hours work, be allowed a break of one hour which must commence between those hours, provided such commencement would not result in the break occurring at the end of the working day).
S.I. No. 444 of 1998 – Organisation of Working Time (code of practice on Sunday working in the retail trade and related matters) (Declaration) Order, 1998. (This Order declares the code of practice set out in the Schedule to this Order to be a code of practice on Sunday working in the retail trade for the purposes of section 14 of the Organisation of Working Time Act, 1997).
S.I. No. 10 of 1999 – Organisation of Working Time (Public Holiday) Regulations, 1999 (These regulations appoint the 31st December, 1999 to be a special public holiday in celebration of the millennium).
Copies of each of the above-listed orders/ regulations were laid before the Dáil.
Inspection work to check on compliance by employers with their obligations under the Act towards their employees is a regular feature of the on going labour law enforcement activity carried out by the labour inspectorate of my Department. The primary focus of this work is to regularise any non-compliant activity which may be discovered and to secure appropriate and timely recoupment of arrears for employees found to have been paid less than their due entitlements by their employers. Where appropriate, legal proceedings are instituted against offending employers. Offences under the Act most commonly committed by employers are those which relate to employee entitlements in respect of annual leave, public holidays and Sunday working and to failure to retain due records to show that they – employers – are complying with the Act.
In general I am satisfied that employers and employees are reasonably well-informed on the essential requirements of the Act. I am satisfied too that the various flexibilities and transitional arrangements built into it have been of significant help in facilitating, especially in those instances where specific local employment difficulties arose, an orderly implementation of the various benefits, protections and entitlements conferred on workers by the Act. The next phase in the EU programme to extend the principles of worker protection contained in Directive 93/104 to those sectors which were excluded from its scope – primarily the various transport sectors, seafishing and doctors in training – is now well under way in Brussels where new directives are being developed and negotiated in the relevant council working groups. I look forward to completion of this process so that I may then proceed to introduce such implementing legislation as may be necessary to extend appropriate health and safety [301] measures with respect to work organisation to those sectors of the domestic workforce which do not as yet enjoy protection under the Act of 1997.
105. Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on the proposed sale of IFI; the legal instrument which will be used by the Government to enable the sale to go ahead; and if she will make a statement on the matter. [15097/99]
Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney): Following clarification and evaluation of the two indicative offers received in relation to the joint sale process, the shareholders are of the view that neither offer presented a sufficiently strong basis for proceeding further with the joint sale of IFI. However, a new potential purchaser has very recently indicated an interest and this is currently being pursued.
Once the position regarding this new expression of interest has been clarified and any indicative offer evaluated, the shareholders will decide on whether a joint sale could be progressed with this third party. Should this not prove possible, the shareholders can explore the options remaining in relation to ownership, which include postponing the sale process for a period or examining the possibility of a unilateral sale of the State 51 per cent shareholding.
Any sale by the State of its shareholding in IFI does not require enabling legislation. I will, of course, bring any sale proposal to Government before proceeding. In addition, the approval of the NET Board will be required, to any sale of the State shareholding.
106. Mr. C. Lenihan asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on giving greater definition to the social economy; and when she will bring proposals before the Cabinet. [15101/99]
113. Mr. C. Lenihan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will reserve 5,000 places in the community employment scheme for exclusive deployment within the context of the social economy. [15138/99]
Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney): I propose to take written Question Nos. 106 and 113 together.
I refer the Deputy in the first place to the report of the P2000 working group on the social economy. The working group concluded that while a considerable level of State and EU funds was already being invested in social economy type activity, there was a case for a dedicated social economy programme which would have as its primary aim the regeneration of disadvantaged [302] communities, and thereby enhance opportunities and the quality of life in such communities. Accordingly, the report, agreed by all the social partners, proposes setting up a dedicated social economy programme, and sets out an operational framework and funding basis for the programme.
The working group recommended that funding for the programme be sourced primarily through reallocation, on a phased basis, of a proportion of funding currently committed to community employment and that the dedicated social economy programme should be managed operationally at national and local level by FAS, in partnership with relevant interest groups. The programme will be run under the aegis of a national co-ordinating committee representative of the social partners and chaired by my Department. It is also intended that FÁS will supply a technical support function for social economy projects.
I intend to bring proposals to give effect to the working groups report to Government shortly.
When fully operational, the dedicated social economy programme will provide for an annual investment of approximately £41 million, composed of a reallocation of resources currently invested in 5,000 Community Employment places – £38 million, a remodelling of FAS Community Enterprise Programme ' £2 million and an additional £1 million, provided for in my Department's Estimates to assist social economy enterprises to develop business plans and to cover start up costs. It is not possible to quantify the number of jobs the programme will give rise to as support provided under the social economy programme is intended to more flexible in form than that available under the community employment programme. There is also likely to be some economic spin-off locally from projects.
While the social economy programme will largely be funded through resources transferred from the community employment programme it will not replace that programme but will operate alongside it. Even with reduced numbers the community employment programme will remain a very substantial programme. I expect the social economy programme to begin to be phased in later this year.
107. Mr. C. Lenihan asked the Tánaiste and Minister for Enterprise, Trade and Employment the future she envisages for the community employment scheme. [15105/99]
Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney): There has been a modest reduction in the number of places on the community employment programme, from 40,000 in 1998 to 37,500 in 1999. This is in the context of dynamic jobs growth and dramatic falls in the level of unemployment. The most recent quarterly national household survey shows year-on-year jobs growth of 72,000 and a corresponding [303] decline in unemployment of 65,000. In addition, the Government has pursued a strategy of refocussing resources in the 1999 Estimates and budget on active labour market programmes for long-term unemployed with better labour market linkages and progression outcomes than community employment. These new active labour market initiatives will provide over 10,000 new places in 1999. The ratio of active labour market programme places for long-term unemployed persons has thus been substantially improved.
On foot of the Deloitte & Touche review of the community employment programme, my Department undertook consultations with the social partners on the restructuring of community employment with a view to better targeting of the programme at persons with greatest disadvantage in the labour market, and improving the quality of the programme for participants. That process has now been completed and I will bring proposals to Government shortly. The community employment programme is by far our biggest single labour market programme and is destined to remain so. It offers important supports to people seeking to re-enter the labour market and, as a secondary objective provides a resource to the community and voluntary sector.
Over time it is intended to transfer some resources – the equivalent of 5,000 places – from the community employment programme to a new dedicated social economy programme, which will operate alongside the community employment programme. This will also be a means of delivering jobs and job supports to disadvantaged communities but in a much more flexible package than available under community employment.
112. Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the regulations which restrict the employment of tour guides to nationals of the country in question; if these rules can be applied in Ireland; if they are consistent with EU free movement obligations; and if she will make a statement on the matter. [15137/99]
Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney): No such regulations have been drawn to my attention and this would in any case be a matter for my colleague, the Minister for Tourism, Sport and Recreation. Free movement of persons is one of the general principles of the European Union. Legislation dealing with immigration into this country is a matter for the Minister for Justice, Equality and Law Reform.
[304]114. Mr. Haughey asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that prices are being increased by reducing the size of products; if this situation will be monitored; and if she will make a statement on the matter. [15401/99]
Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): I am not aware of any complaints regarding prices being increased by reducing the size of products. The price of products sold by retail is not controlled by legislation – price levels are determined by the market. In that regard, it is Government policy to encourage competition and to promote greater price awareness among consumers.
A number of statutory instruments, made under the Merchandise Marks Act, 1970 – No. 10 of 1970 – prescribe ranges of sizes within which specified products must be sold. For example, fresh milk, sugar and jam may not be packed, imported or sold by retail except in the sizes listed in the relevant orders. The ranges of sizes legislation also provides that, for specified products, including cheese, paint and household disinfectants, the net quantity of the goods in the container must be indicated in units of weight or volume. In addition, the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1982, as amended, provide, inter alia, that the net quantity should be given for almost all pre-packaged foodstuffs.
The European Communities (Indication of Prices of Foodstuffs and Non-Food Products) Regulations, 1991, as amended, require, with certain general and specific exemptions, that the selling price of all foodstuffs and non-food products must be displayed and that the unit price, £ per litre) must also be shown in specified cases. False or misleading indication of prices is prohibited under section 7 of the Consumer Information Act, 1978 – No. 1 of 1978.
I am satisfied that the combination of the above legislative measures, that is, the ranges of sizes legislation, the food labelling legislation and the indication of prices legislation, ensures adequate transparency of prices and sizes/quantities/amounts for consumers. The Director of Consumer Affairs, who enforces the above legislation, will investigate any complaints about possible breaches of the legislation.
115. Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the trade areas affected by the banana wars between the EU and the US; the estimated cost to these companies both in business and employment terms; the remedial action, if any, being taken or planned by the Government in order to protect and compensate the companies involved; and if she will make a statement on the matter. [15403/99]
[305]Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): On 6 April 1999, a WTO panel ruled that the EU revised banana import regime is non-WTO compatible. The panel assessed the damage to US interests at $191 million, which is less than half the amount of sanctions threatened by the US. On 9 April, the US published a revised “hit-list” of European products to reflect the panel's findings, which would be subject to 100 per cent tariffs.
My Department and I are continuing to monitor the impact of these sanctions on Irish exporters. Some products of importance to Irish exporters which featured on the US preliminary list, including greeting cards, chandeliers and pig meat, are no longer affected, and the sanctions now have no significant impact on Irish trade or employment. There are ongoing discussions within the EU and also between the EU Commission and the US, with a view to resolving the dispute. Ireland is very active in these discussions. We support a WTO compatible resolution of the dispute.
116. Mr. J. O'Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount of funding involved in supporting Irish participants in EUREKA projects since it began in 1985; and if she will give details of the allocation of this funding. [15404/99]
117. Mr. J. O'Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the up-to-date assessment and cost benefit analysis, if any, which has taken place in relation to Ireland's EUREKA project participation; and the outcome of any such assessment or analysis. [15405/99]
[306]Minister of State at the Department of Enterprise, Trade and Employment (Mr. Treacy): I propose to take Questions Nos. 116 and 117 together.
Each member state's annual contribution to EUREKA is linked to its GDP. In Ireland's case, this has amounted to an average of £11,600 per annum over the last ten years. The pan-European EUREKA programme provides opportunities for Irish companies to collaborate in joint research and development projects aimed at producing participating companies next generation of products for the market place. Irish companies involvement in EUREKA was low in the early years 1985-1993. This level of participation has, however, increased as a result of greater promotion and availability of Government funds through the in-company research, technology and Innovation – RTI – scheme – commonly known as Measure 1.
While no cost benefit analysis has yet taken place in relation to Irelands EUREKA project participation, there have been a number of evaluation studies which examined the EUREKA programme on a Europe wide basis. These studies have revealed a very high level of conversion of research results into successful new products and a strong level of satisfaction among participating companies.
In the context of future funding for research, technology and innovation as part of the National Development Plan 2000-06, the office of science and technology at our Department has asked Enterprise Ireland to assess Ireland's future involvement in EUREKA, having regard to Enterprise Ireland's strategic remit in terms of company development and the recent strategic review carried out by EUREKA which was completed earlier this year. This strategic review will be discussed by EUREKA Ministers at their annual conference on 29 June 1999 in Istanbul, Turkey.
A table outlining Irish involvement in EUREKA projects since 1985 follows.
Irish Involvement in EUREKA Projects
PipelineThere are ten Irish projects currently being processed by the EUREKA secretariat. Decisions on these will be made in the second half of 1999.
[308]118. Mr. Ring asked the Minister for the Marine and Natural Resources when a person (details supplied) in County Mayo will receive payment of a forestry premium. [15035/99]
[309]Minister for the Marine and Natural Resources (Dr. Woods): The premium payment for the person in question has been approved and a payable order will issue at an early date.
119. Cecilia Keaveney asked the Minister for the Marine and Natural Resources the current position in relation to registering a boat for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [14835/99]
Minister for the Marine and Natural Resources (Dr. Woods): The person in question applied to my Department for a sea fishing boat licence but has not, as yet, supplied full details of the capacity to be removed from the fishing vessel register in connection with the licensing of the vessel concerned. His application will be finalised expeditiously on receipt of the necessary information.
120. Mr. Finucane asked the Minister for the Marine and Natural Resources the action, if any, his Department plans to take following the placement of unauthorised longlines by a person (details supplied) in County Kerry; and if his attention has been drawn to the extreme concern of mussel growers in the bay. [14916/99]
Minister for the Marine and Natural Resources (Dr. Woods): I am aware of the situation to which the Deputy refers. Officials of the Department have been in contact with the operator in relation to the placement of longlines in an unlicensed site near Escadower Bay.
The Department has made it clear to the operator that in placing the longlines in this area, he is in breach of his licence conditions and is consequently open to prosecution under section 65 of the Fisheries (Amendment) Act, 1997. He has been further advised that unless he removes the unauthorised longlines as instructed, the Department will have no alternative but to initiate legal proceedings in the matter.
I am concerned at this development as it is the Department's policy to encourage strict adherence to licensing conditions so as to ensure that all licensed operators confine their activities to within their licensed sites.
121. Mr. McGuinness asked the Minister for the Marine and Natural Resources further to Parliamentary Question No. 112 of 11 May 1999, the progress, if any, made in relation to payments due to a person (details supplied) in County Kilkenny under the forest premium scheme; if all outstanding information has been received by his Department; and the outcome of the inspection of the plantation. [15037/99]
[310]Minister for the Marine and Natural Resources (Dr. Woods): There is no change in the position as set out in my reply to a parliamentary question dated 17 February 1999. The parliamentary question referred to by the Deputy did not relate to the person in question. The required documentation has still not been received in the forest service of my Department.
122. Mr. Kenny asked the Minister for the Marine and Natural Resources if his attention has been draw to the fact that up to £1.5 million of products are at risk of being lost in the Irish shellfish industry due to an alleged health alert initiated by the French Government; if his attention has further been drawn to the difficulties this poses for Irish shellfish producers particularly on the west coast; if he has contacted his French counterpart and the European Commission in order to have this matter sorted out; and if he will make a statement on the matter. [15121/99]
Minister for the Marine and Natural Resources (Dr. Woods): In January of this year the French authorities instituted a health alert arising from two alleged outbreaks of illness in September, 1998 in which the symptoms were reported as being consistent with those caused by diarrhetic shellfish poisoning, DSP. The French authorities reported that the alleged incidents were associated with the consumption of mussels exported from Ireland and indicated also that a number of positive results had been obtained from testing of Irish product for DSP.
My Department, in association with other relevant State agencies, followed up immediately on the alleged incidents with the French authorities and the European Commission, with a view to establishing conclusively the association, if any, of Irish product with the alleged outbreaks of food poisoning. In the meantime, and as a precautionary measure, frozen Irish mussels produced between June and September, 1998 were temporarily withdrawn from the market. I understand that the amount of product held, primarily in Ireland and France, was some 600 tonnes. Irish mussel exports in live or processed form were not affected.
My Department has pursued this matter vigorously with the French authorities. Agreement was reached whereby batches of the withheld product would be released where the Irish reference laboratory or an approved French laboratory obtained five negative results in testing for DSP. This testing process is under way and I am advised that over 100 tonnes have been released to date. The Department is pressing for sampling of the remaining stocks to be completed as quickly as possible and decisions on its release taken without delay. Contact is being maintained at all appropriate levels with the French authorities.
[311]123. Mr. Yates asked the Minister for the Marine and Natural Resources when 1998 and 1999 forestry premia will be paid to a person (details supplied) in County Wexford. [15131/99]
Minister for the Marine and Natural Resources (Dr. Woods): The premium payments for 1998 and 1999 have been approved and will issue shortly to the person in question.
124. Mr. Ellis asked the Minister for the Marine and Natural Resources if his Department will pay forestry premium to a person (details supplied) in County Leitrim. [15132/99]
Minister for the Marine and Natural Resources (Dr. Woods): The person in question has been requested to forward further documents to confirm his eligibility or otherwise for farmer rate of forestry premium. When this information is received, the application for forestry premium can be further processed.
125. Mr. Allen asked the Minister for the Marine and Natural Resources the reason fishing from the riverbank is not allowed in Lough Brin on the River Blackwater. [15222/99]
126. Mr. Allen asked the Minister for the Marine and Natural Resources the reason a £20 per day fee has been implemented by the South Western Fisheries Board for those wishing to fish from boats in the Lough Brin system on the River Blackwater; and the reason this fee is being charged on top of the £8 per year fee already introduced. [15223/99]
Minister for the Marine and Natural Resources (Dr. Woods): I propose to take Questions Nos. 125 and 126 together.
As I advised in a previous reply the Blackwater was purchased by the Central Fisheries Board five years ago and is being managed by the South Western Regional Fisheries Board, which has invested significant funding in its development, including Lough Brin. The lake is a good trout angling facility and has been attracting increasing numbers of tourists. The fee of £20 per day and the boat fishing rule was introduced to maintain and develop trout stocks and angling facilities, and to maximise the value for money of the investment for the benefit of the fishery and the anglers.
The board has advised that there is no other fee charged for angling on the lake, other than the £20 per day charge.
[312]127. Cecilia Keaveney asked the Minister for the Marine and Natural Resources the position in relation to an application for a shellfish licence from a person (details supplied) in County Donegal; and if he will make a statement on the matter. [15244/99]
Minister for the Marine and Natural Resources (Dr. Woods): An offer of a sea fishing boat licence has been made, subject to a number of conditions and requirements, to the person in question. Consideration of his application will be finalised expeditiously when all the information sought by my Department has been received.
128. Mr. Bradford asked the Minister for the Marine and Natural Resources when a person (details supplied) in County Cork will be paid a 1999 forestry grant. [15328/99]
Minister for the Marine and Natural Resources (Dr. Woods): The premium payment for the person in question issued on 25 May 1999.
129. Cecilia Keaveney asked the Minister for the Marine and Natural Resources the position in relation to a forestry grant application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [15439/99]
Minister for the Marine and Natural Resources (Dr. Woods): As indicated by me in my reply to a parliamentary question dated 30 March 1999, an afforestation grant in respect of the applicant's plantation issued on 23 June 1997.
With regard to the forest premium payment the applicant has been requested by my Department to forward specific documentary proof of farming income. This has not been received to date. Certain documentation received from the applicant is not adequate and the applicant has been so informed. Eligibility for forest premium will be considered following receipt of correct documentation.
130. Mr. G. Mitchell asked the Minister for Foreign Affairs his views on the Schiller Institute document, Peace Through Development for the Balkans; and if he will make a statement on the matter. [15017/99]
Minister for Foreign Affairs (Mr. Andrews): I am aware of the Schiller Institute document. I note that, while on the one hand it proposes a number of measures to expedite solutions for Kosovo and the Balkans region, it also proposes a number of additional ideas of much wider implication and geographical application, which would not necessarily be practicable in a short-term framework to address the primary concern of the problems in Kosovo. I also note that it predates the most recent developments there.
As the Deputy will be aware, the situation in Kosovo and the wider Balkan region has been [313] continuously at the centre of EU deliberations, most recently at the European Council in Cologne. The Council conclusions set out in detail the Union's commitment to take a leading role in the reconstruction efforts in Kosovo. This will require a clear and effective transitional administration of the province, established in the framework of the political solution, which will need to have the authority and capacity to act as a counterpart to the international community, enabling an effective reconstruction and rehabilitation process. I welcome Resolution 1244 of the UN Security Council which has allowed this process to start already and I envisage that the focus of the Unions' efforts will now be to further these objectives, in close co-operation with the UN Secretary General.
The question of the Balkan region was also addressed at Cologne, where it was decided to develop deeper relations with the countries of the region through a new kind of contractual relationship. Ireland will fully support the work now being started to achieve this goal. In addition, I welcome the fact that the Presidency's recent initiative for a stability pact for south eastern Europe saw the completion of the first stage through the agreement of all participants on the text of the pact on 10 June. Ireland will be contribute to the further stages of this process.
131. Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the United States of America border visas programme; and if he will make a statement on the matter. [15167/99]
Minister for Foreign Affairs (Mr. Andrews): The Irish Peace Process Cultural and Training Bill was passed unanimously by both Houses of the United States Congress in early October and was signed into law by President Clinton on 30 October 1998. The new Act amends US immigration law by authorising a new visa programme – the Q-2 or Irish peace process cultural and training visa programme – which will allow 4,000 people aged 35 or under residing in Northern Ireland or one of the six Border counties to go to the US for a period up to three years for the purpose of developing job skills and conflict resolution abilities.
The legislation provides for the programme to be approved by the Attorney General, the Immigration and Naturalisation Service and the Secretary of State. The consultation process about how it will operate, involving several Government agencies in the US and Ireland, will have to be completed and funding will have to be provided before the programme can be put in place and applications can be accepted. The most likely date for the programme to commence is 1 October 1999, the beginning of the next fiscal year in the U.S.
132. Mr. G. Mitchell asked the Minister for Foreign Affairs if he will make a statement on a document from the United Nations Committee on Economic, Social and Cultural Rights (details supplied). [15319/99]
Minister for Foreign Affairs (Mr. Andrews): Ireland's first national report under the international covenant on economic, social and cultural rights was examined by the UN committee on economic, social and cultural rights in Geneva on 4-5 May last. The Irish delegation was led by Mr. Bernard McDonagh, Second Secretary at the Department of Justice, Equality and Law Reform, and several Government Departments were represented at the examination.
The report outlined Irelands efforts to give effect to the rights guaranteed by the covenant, including, inter alia, the right to social security, to an adequate standard of living, to the highest attainable standard of health, to an education, to work, to fair wages and to join trade unions.
Following the two day examination in Geneva, the committee compiled and issued a set of concluding observations on 12 May last. In these observations, the committee noted its frank and constructive dialogue with the Irish delegation. It welcomed the commitment of the Government to implement the Good Friday Agreement, to increase contributions to International Development Co-operation, the adoption of the Employment Equality Act, the establishment of the task force on violence against women, the assessment by the Department of Health and Children of the needs of the mentally handicapped persons for 1997 to 2001 and the proactive approach to reducing unemployment.
Other concerns expressed by the committee were that the convention on the elimination of all forms of racial discrimination has not yet been ratified, the national anti-poverty strategy did not adopt a human rights framework towards the objectives of the covenant, there was no appropriate legislation dealing with the rights of the mentally or physically disabled, the length of hospital waiting lists and that discrimination persists against members of the travelling community.
This was the first time that Ireland's record in implementing the covenant was assessed by the committee and their comments and experience were useful guidance for enhancing the enforcement of the covenant. The second national report under the covenant is almost ready for publication and will include a chapter addressing the comments of the committee following the examination of the first report.
The Minister of State, Deputy O'Donnell, will host the second NGO forum on human rights on 26 June next in Dublin Castle. Panels will discuss a variety of human rights issues, including one panel devoted to the working methods of UN committees and Ireland's reporting obligations under UN instruments, including the experience [315] of the recent examination by the committee on economic, social and cultural rights. The concluding comments of that committee will be made available to all participants at the forum, in accordance with the request of the committee that they be widely disseminated.
133. Mr. Higgins (Dublin West) asked the Minister for Foreign Affairs if he will ask the incoming President of Algeria if it is his intention to open up dialogue with all sections of Algerian society regarding a resolution of the conflict there. [15320/99]
134. Mr. Higgins (Dublin West) asked the Minister for Foreign Affairs if he will request the Algerian Government to allow into Algeria the United Nations special rapporteur on torture and extrajudicial executions and the High Commissioner for Human Rights, Ms Mary Robinson, to investigate the continuing human rights violations occurring there. [15321/99]
Minister for Foreign Affairs (Mr. Andrews): I propose to take Questions Nos. 133 and 134 together.
For the first time in several years, there would appear to be some cause for optimism about the situation in Algeria. After the disappointment and dismay that I and others felt at the manner in which the April presidential election was conducted – six of the seven candidates withdrew just before the election, because of their concerns about the probity of the electoral process – we are at last seeing signs of some positive developments.
The Islamic Salvation Army – AIS – announced on 6 June that its guerrilla attacks against the government had ended. On 9 June, Algeria's outlawed Islamic Salvation Front, FIS, the main opposition group, approved the peace deal between the AIS, which is its armed wing, and the government. The front had, in the light of the recent agreement, already asked President Bouteflika to lift the seven year ban which precludes political activity by its members. President Bouteflika has instructed the Algerian Government to introduce legislation offering an amnesty to the AIS rebels and their supporters. This is likely to be presented to the Algerian parliament later this month.
I welcome these positive steps. I sincerely hope the appalling violence witnessed in Algeria since 1992 – violence which claimed the lives of about 70,000 Algerians – is now at an end. However, I also note the warning by Prime Minister Hamdani that, despite the ceasefire, terrorism remains a problem outside the large towns.
As regards the abuse of human rights, earlier in the year, through our ambassador in Madrid who is accredited to Algeria, I made known at the highest levels of the Algerian Government our [316] concerns about human rights abuses. In his meetings with the then President Zeroual and the Foreign Ministry, the ambassador specifically raised the questions of torture and disappearances. Ireland and the EU intend to continue to maintain pressure on the Algerian authorities to give full respect to human rights. The EU has in particular demanded that Algeria accept visits by UN special rapporteurs on torture and on extrajudicial, summary or arbitrary executions.
The EU statement to the 55th session of the commission on human rights on the question of the violation of human rights and fundamental freedoms expressed the view that it was essential that the Government of Algeria co-operate fully with UN mechanisms, particularly the UN Special rapporteurs mentioned above, and to give full effect to the concluding observations of the UN human rights committee.
At his most recent meeting with the EU Presidency, the Algerian Foreign Minister gave a commitment to study any individual cases that the EU brought to his attention. For this reason, EU member states have been asked to report such cases to the EU Presidency. In recent weeks, I have received information from Amnesty International, which the Irish Embassy in Bonn has forwarded to the Foreign Ministry of Germany, currently in the Presidency, to transmit to the Algerian Government.
With the strong encouragement of Ireland and other EU partners, the EU Presidency will shortly make a demarche to the Algerian authorities about the EU's numerous concerns about human rights abuses in Algeria. This démarche should be seen in the context of the ongoing EU-Algerian dialogue which Ireland wholeheartedly supports.
135. Mr. Stagg asked the Minister for Public Enterprise if the investigations have been completed by the Irish Aviation Authority into a spate of serious lapses in safety standards at Ryanair which resulted in at least one serious accident; if the results of the investigations will be made public; if she will use the powers available to her to initiate an investigation by her Department into this serious and life threatening series of accidents [14844/99]
Minister of State at the Department of Public Enterprise (Mr. Jacob): The air accident investigation unit of my Department is currently investigating two incidents involving Ryanair operatives or aircraft at Dublin Airport in recent months. These were as follows. On 22 January 1999 a tow tractor belonging to Ryanair ran over the foot of an operative on contract to Ryanair, while the aircraft was being pushed back before departure. On 2 April 1999 a Ryanair aircraft taxiing into a parking bay touched a refuelling vehicle.
Pending completion of these investigations, it [317] would be premature to make any statement about the outcome. The air accident investigation unit's reports on these two incidents will be published in due course.
136. Mr. Hogan asked the Minister for Public Enterprise the discussions, if any, she has had with ESB management and trade unions regarding her proposals to allow ESB bill payments to be made through post offices; if they have agreed to her proposals; and if she will make a statement on the matter. [14851/99]
Minister for Public Enterprise (Mrs. O'Rourke): An Post has been looking for some time at ways and means of extending the range of services available in their extensive post office network. The company recently put certain proposals to ESB about the payment of ESB bills through post offices. At the same time, the Government gave approval for the further development of the post office network as a one stop shop through the provision of facilities in post offices to enable, inter alia, the payment of ESB bills etc., subject to the necessary consultations with all parties concerned. Discussions between An Post and ESB are currently ongoing.
In relation to the trade unions, I recently received representations from the ESB Officers Association which expressed concern about the possible impact of the An Post initiative on the future of the remaining ESB shops through which ESB bills are currently paid. I have assured the union that there will be full consultation with all interested parties before any final decisions are reached on the extension of facilities in the post office network.
137. Mr. Hogan asked the Minister for Public Enterprise the number of post office outlets which have the necessary telecommunications and computerisation facilities which will allow them to offer ESB bill payments, motor taxation and any other new services; and if she will make a statement on the matter. [14917/99]
Minister for Public Enterprise (Mrs. O'Rourke): An interdepartmental committee is looking at how the services provided by the post office network can be expanded, particularly the possibility of providing motor taxation. If this were to take place, it would, of course, only occur after necessary consultation.
In relation to possible other new services, the capability or otherwise of the post office network to deal with such services would depend on the nature of the business.
[318]138. Mrs. T. Ahearn asked the Minister for Public Enterprise the proposals, if any, she has for ATM machines at post offices; the proposals, if any, she has to extend the one stop shop scheme; and if she will make a statement on the matter. [15078/99]
Minister for Public Enterprise (Mrs. O'Rourke): I have no function in the provision of ATM machines in post offices; this is a day to day matter for An Post. However, the company has informed me that the nature and variety of the business transacted in post offices would not lend itself to the economic usage of ATMs and An Post is not proposing their introduction.
With regard to the one stop shop concept, the Deputy will be aware that the Government has approved in principle the further development of the post office network to cater, inter alia, for the payment of ESB bills, motor taxation renewal transactions, etc.
I am establishing an interdepartmental working group to oversee progress in this regard.
139. Mrs. T. Ahearn asked the Minister for Public Enterprise the proposals, if any, she has to provide automation for post offices which do not have the facility; the plans, if any, she has to commence this programme; and if she will make a statement on the matter. [15079/99]
Minister for Public Enterprise (Mrs. O'Rourke): I have no function in the automation of post offices; this is a day to day matter for An Post. However, the company has informed me that automation has been provided at the 1,000 offices through which 95 per cent of all post office counter business is transacted.
The volume of business conducted at the remaining 911 rural post offices is at such a low level that an extension of the current levels of automation to these offices could not be justified by An Post on a cost basis. An interdepartmental group has been established to look at the possibility of extending the range of services available, through the post office network, to certain other services.
The ongoing consultations that are planned, both by An Post with its business clients and by the interdepartmental working group on the further development of the post office network which I am currently setting up, will review the facilities that are necessary at all post offices to provide economic and efficient counter services to customers.
140. Mrs. T. Ahearn asked the Minister for Public Enterprise the proposals, if any, she has to provide a once off grant to postmasters to improve the public image of the post offices; and if she will make a statement on the matter. [15080/99]
Minister for Public Enterprise (Mrs. O'Rourke): I have no funds at my disposal from which I could provide grants to postmasters for the purpose referred to by the Deputy. The pub[319] lic image of post offices is a day-to-day matter for An Post and I have no function in it.
However, I understand that, under the terms of their individual contracts with An Post, postmasters are responsible for maintaining post offices to the company's corporate standards. An Post provides a non-interest bearing loan facility for postmasters who wish to improve the public appearance of their offices. Some 465 postmasters availed of this facility in the period 1993-98. The current economics of the post office countersbusiness would not permit An Post to provide a grant to postmasters, and the company has no proposals in this regard.
141. Mr. O'Shea asked the Minister for Public Enterprise if funds will be made available to Waterford Regional Airport in implementing the company's future development plan; the amount of money available in 1999 for regional airport development; and if she will make a statement on the matter. [15081/99]
Minister for Public Enterprise (Mrs. O'Rourke): In 1998 I approved a total grant of £5 million approved for infrastructural works at regional airports. Of this total, £3.144 million was carried forward to 1999. Waterford Regional Airport received a grant of £375,000 for the period 1998-99 in respect of a £500,000 runway improvement project and other developments. To date £366,000 of the grant has been paid out and the project is largely completed.
A further application for financial assistance was received from Waterford airport on 25 May 1999, in respect of a proposed extension of their runway at a cost of £6 million, with additional marketing funding also involved. That application is being considered in my Department at present.
142. Mr. Stanton asked the Minister for Public Enterprise further to Parliamentary Question No. 93 of 1 June 1999, the body charged with carrying out the detailed costing and feasibility study on the possibility of re-opening the Cork to Midleton suburban rail link; the consideration, if any, she has given to extending the rail link to Youghal; when the study will be completed; if its findings will be made public; and if she will make a statement on the matter. [15087/99]
Minister for Public Enterprise (Mrs. O'Rourke): CIE is in the process of engaging consultants to undertake the detailed costing and feasibility work for a number of suburban rail proposals, including the re-opening of the Cork to Midleton line. It is expected that a contract for the work will be placed in early July and it should be completed by the end of the year. I propose making public the findings of the studies.
Any consideration of the re-opening of the [320] Midleton to Youghal railway line would have to await the results of the analysis of the Cork to Midleton section.
143. Mr. O'Shea asked the Minister for Public Enterprise the up-to-date position regarding worker participation in the new board of Telecom Éireann; the proposals, if any, she has in this regard; and if she will make a statement on the matter. [15104/99]
Minister for Public Enterprise (Mrs. O'Rourke): Under Statutory Instrument No. 87 of 1999 made pursuant to the Postal and Telecommunications Services (Amendment) Act, 1999, Telecom Éireann was removed from the scope of the Worker Participation (State Enterprises) Acts as the obligations imposed by those Acts would not be appropriate to the company's status as a publicly quoted company following the initial public offering. At a board meeting of the company on 19 May, 1999, the two worker directors and their alternates, voluntarily relinquished their positions on the board.
At the same meeting, Mr. Bill Attley, on my nomination, was appointed to the board to fill one of the vacancies. Mr. Attley has a long and distinguished career in public life and held the position of general secretary of SIPTU up to last year. He is currently treasurer and member of the executive council of the Irish Congress of Trade Unions and is also a member of the board of FÁS and the RTE authority.
Under the employee share ownership plan – ESOP – for Telecom Éireann, the employee trust is entitled to nominate a director for appointment to the board of the company and this nomination would be facilitated by the replacement of one of the worker director positions. Deputy Dick Spring, was nominated by the employee share ownership trust for appointment to the board, and was duly appointed at the board meeting referred to above.
I express my deep appreciation and thanks to the employee directors for their dedicated service on the board. I also welcome Deputy Spring and Bill Attley whose appointments complete the board structure ahead of the IPO.
Discussions on the more general issue of employee representation on the boards of State companies going through ownership change have taken place between Congress and the Department of the Taoiseach under Partnership 2000. Any suggestions put forward by the trade unions concerning the role of employee representatives in the evolving structure of State companies will be considered in this context.
[321]144. Mr. R. Bruton asked the Minister for Public Enterprise the provision, if any, she has made for the allocation of Telecom shares to the former employees of Telecom Éireann who are now on pension. [15224/99]
Minister for Public Enterprise (Mrs. O'Rourke): The Government has set aside a certain value of shares for purchase by former employees of Telecom Éireann who are in receipt of a pension. An allocation of up to a maximum value of £3,000, subject to pro rata pension entitlements, will be guaranteed.
Eligible pensioners have been informed of the offer and are also entitled to purchase shares in the retail offer, should they choose to do so.
145. Ms Shortall asked the Minister for Public Enterprise if the assurance given to persons formerly employed by the Department of Posts and Telegraphs that their pensions would not be adversely affected by the creation of Telecom Éireann will be honoured; and if she will make a statement on the matter. [15441/99]
Minister for Public Enterprise (Mrs. O'Rourke): Telecom Éireann was established on a statutory basis as a separate entity in 1983 and staff of the former Department of Posts and Telegraphs transferred to it on vesting day. The provisions of the Postal and Telecommunications Services Act, 1983, as amended, relating to the conditions of service and tenure, including pension arrangements, of those who transferred to Telecom Éireann will remain unchanged following the flotation. Similarily, the pension rights of staff of the former Department of Posts and Tele[322] graphs who retired prior to vesting day will remain unchanged.
146. Mr. Dennehy asked the Minister for Defence the number of Irish troops serving on United Nations peace keeping duties; and the plans, if any, he has for the development of this important undertaking in coming years. [15067/99]
Minister for Defence (Mr. M. Smith): The number of Defence Forces personnel currently serving with UN missions is 706, details of which follow in the form of a tabular statement.
The position in relation to requests for personnel for such missions is that any such requests are considered on their merits in the prevailing circumstances within the context of the United Nations Stand-by Arrangements System – UNSAS. Under the UNSAS, the maximum number of military personnel available to serve on overseas missions with the United Nations at any one time is 850. There is no obligation to participate in any mission and it would be a matter for the Government and the Dáil, as appropriate, to decide on the deployment, or redeployment as necessary, of contingents of the Defence Forces to individual missions.
On behalf of Ireland, I signed a memorandum of understanding with the UN when I visited UN headquarters, New York, in October 1998. The decision to participate in UNSAS is a tangible expression of Ireland's continuing commitment to involvement in United Nations peacekeeping operations.
Members of the Permanent Defence Force serving with UN missions at 10 June 1999
147. Mr. Dennehy asked the Minister for Defence the position in relation to plans for the development of Murphy Barracks, Ballincollig, County Cork; and the timescale for completion. [15068/99]
Minister for Defence (Mr. M. Smith): A tender competition for the appointment of independent consultants to draw up an integrated action area plan for the future development of lands at the former Murphy Barracks has been completed by my Department. It is expected that the appointment will be made in the very near future after which the successful firm will be required to submit an integrated plan within three months.
[323]148. Mr. Stanton asked the Minister for Defence the reasons members of the second line reserve are not permitted to serve overseas; the representations, if any, made to him on this issue by the Defence Forces representative associations; the nature of these representations; and if he will make a statement on the matter. [15084/99]
Minister for Defence (Mr. M. Smith): The Defence Forces Review Implementation Plan (1996-1998) – which was approved by Government in March, 1996 – provides for a special study of the Reserve Defence Force, which consists of the first line reserve made up of former members of the Permanent Defence Force, An Fórsa Cosanta Áitiúil and An Slua Muirí, to be undertaken during the lifetime of the plan. Accordingly, in November, 1997, I announced the setting up of a joint civilian/military steering group to carry out this examination. As part of the examination process, the chief of staff established a military board to conduct a study of the reserve. The joint civilian/military steering group, as part of its work, oversees and guides the military board in its task.
The Reserve Defence Force Representative Association – RDFRA – made presentations, both oral and written, to the steering group. In addition, the Representative Association of Commissioned Officers – RACO – and the Permanent Defence Force Other Ranks' Representative Association – PDFORRA – made presentations to the steering group. As the proceedings of the group are confidential, I am not in a position to comment on matters before the group at this stage other than to confirm that the question of members of the FCÁ undertaking overseas service with units of the Permanent Defence Force is one of the aspects of reserve service that is being examined.
General criteria governing selection for overseas service come within the scope of representation. In that regard, the question of members of the second line reserve serving overseas has been raised at meetings of the conciliation council in 1998 by both RACO and PDFORRA. Any matters relating to overseas service by members of the reserve which come within the scope of representation will be raised with the associations at the appropriate forum.
149. Mr. Stanton asked the Minister for Defence the number of audiometric examinations carried out in the past 18 months on potential recruits and on serving members of the second line reserve, by command, per quarter; the results of these examinations; and if he will make a statement on the matter. [15085/99]
Minister for Defence (Mr. M. Smith): The information sought by the Deputy is not readily available and will take a considerable amount of time to collate as it is widely dispersed. I will [324] write to the Deputy as soon as the information has been compiled by the military authorities. However, this is likely to take some time in view of the detailed nature of the information sought.
151. Mr. Farrelly asked the Minister for Agriculture and Food the reason a person (details supplied) in County Meath has not been paid a dairy hygiene and farm pollution scheme grant; and if he will make a statement on the matter. [14822/99]
Minister for Agriculture and Food (Mr. Walsh): The project in this case relates to an application under the scheme for the improvement of dairy hygiene standards. The project will be inspected with a view to payment of grant aid when the local office of the farm development service is notified by the applicant that the works in question have been completed to specification. There is no record of an application under the control of farm pollution scheme.
152. Mr. Higgins (Mayo) asked the Minister for Agriculture and Food the reason for the ongoing delay in the payment of 1998 headage, suckler grants and other grants in respect of a person (details supplied) in County Mayo who has verified his area aid maps. [14823/99]
Minister for Agriculture and Food (Mr. Walsh): Following contact by the area aid unit the person named submitted a map and copy folio. However, the documents submitted only dealt partially with the queries raised by the area aid unit. The applicant has been written to again in this regard. No payments can issue until all outstanding matters have been resolved.
153. Mr. Farrelly asked the Minister for Agriculture and Food the reason a person (details supplied) in County Meath has had her farm retirement pension reduced from £553 to £539; if this retirement pension will be extended to the age of 75 years; and if he will make a statement on the matter. [14824/99]
Minister for Agriculture and Food (Mr. Walsh): The rate of pension paid to the person named under the early retirement scheme was designated in ECUs up to the end of December, 1998 and since that date in euros. The amount of pension payable in euros is converted to punts at the rate which was set at 1 January, 1999 and this is 5.055 per cent lower than the rate at which ECUs were converted to punts for the pension scheme. As a result, this persons pension under the scheme was reduced by 5.055 per cent from 1 January 1999. My Department is in consultation with the EU Commission regarding the level compensation that may be paid in respect of these [325] losses. Approval of the EU is necessary before compensation will be paid.
In line with the provisions of the present scheme payment of the pension to the person named will cease from the date of her 70th birthday. The provisions of the rural development regulation that was recently adopted by the Agriculture Council as part of the Agenda 2000 agreement cannot apply before 1 January 2000. Details of the new early retirement measure to apply in Ireland are under consideration in my Department. The proposals will form part of the rural development plan which has to be submitted before the end of this year for European Commission approval.
155. Mr. McGinley asked the Minister for Agriculture and Food if a fodder allowance will be paid to a person (details supplied) in County Donegal. [14900/99]
Minister for Agriculture and Food (Mr. Walsh): The person named is one of a small number of herdowners who were paid fodder aid on their sheep but not on their cows. Arrangements are being put in place to make any outstanding fodder payments as soon as possible.
156. Mr. McGinley asked the Minister for Agriculture and Food if a fodder allowance will be paid to a person (details supplied) in County Donegal. [14901/99]
Minister for Agriculture and Food (Mr. Walsh): The person named is one of a small number of herdowners who were paid fodder aid on their sheep but not on their cows. Arrangements are being put in place to make any outstanding fodder payments as soon as possible.
157. Mr. McGinley asked the Minister for Agriculture and Food if a fodder allowance will be paid to a person (details supplied) in County Donegal. [14902/99]
Minister for Agriculture and Food (Mr. Walsh): The person named did not lodge an application for the 1998 suckler cow premium, ewe premium or sheep headage schemes and did not hold a milk quota on 1 April 1998. Therefore, he does not qualify for assistance under the winter fodder scheme.
158. Mr. Finucane asked the Minister for Agriculture and Food the reason for the delay in payment of a 1998 cow suckler grant to a person (details supplied) in County Limerick. [14907/99]
Minister for Agriculture and Food (Mr. Walsh): The person named applied for 48 suckler cows under the 1998 suckler cow premium scheme on 29 May 1998. This established an entitlement of £6,731.04.
Acting with the authorisation of the person [326] named, the Department offset £3,325.20 against Land Commission arrears of annuities and rents. The remaining balance of £3,405.84 was paid direct to the person concerned on 17 February 1999.
159. Mr. Ring asked the Minister for Agriculture and Food the reason a person (details supplied) in County Mayo has not received payment of 1998 cattle and sheep headage and suckler cow premium in view of the fact she has resubmitted maps to the area aid unit. [14930/99]
Minister for Agriculture and Food (Mr. Walsh): The person named returned maps to the area aid unit and these have now been fully processed. Overclaims have been determined on two of the parcels claimed. The area aid unit has written to the applicant in this regard. No payments can issue until all outstanding matters have been resolved.
160. Cecilia Keaveney asked the Minister for Agriculture and Food the current position in relation to an application for a hardship grant for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [14939/99]
Minister for Agriculture and Food (Mr. Walsh): The person named received his full entitlement of £60 including 50 per cent top-up, in respect of one cow under the general winter fodder scheme. As he qualified for this scheme, he is not entitled to assistance under the special hardship scheme.
161. Mr. Ellis asked the Minister for Agriculture and Food if headage and suckler payments will be made to a person (details supplied) in County Sligo. [14945/99]
Minister for Agriculture and Food (Mr. Walsh): As stated in my reply to Parliamentary Question No. 155 of 18 May 1999, the person named submitted an incomplete area aid application, in that he did not enter all the land he wished to claim on his application form. An amended application form which was subsequently accepted by the area aid unit was not accompanied by all the relevant maps. Following further contact by the area aid unit, the applicant submitted completed maps. These maps have now been processed. Overclaims have been determined on all but one of the parcels claimed by the applicant. Furthermore, one of the overclaimed parcels is also the subject of a dual claim. The applicant has been written to concerning the resolution of these problems and a reply is awaited.
162. Mr. Wall asked the Minister for Agriculture and Food if investigations will be made into an application for the sheep headage payouts scheme in a disadvantaged area for a person (details supplied) in County Kildare. [14961/99]
[327]Minister for Agriculture and Food (Mr. Walsh): As the person named was not an applicant under the 1998 sheep headage scheme, I am assuming that the question relates to the rural world payment she received with the first instalment of the 1998 ewe premium.
The position is that the lodgement of an area aid application, in order to qualify for the rural world premium, is a requirement under EU regulations. Consequently the position remains as set out in my reply of 18 May last to Parliamentary Question No. 174.
163. Mr. Perry asked the Minister for Agriculture and Food if his attention has been drawn to the fact that the total hectares of land for a person (details supplied) in County Sligo was amended to 26.10 hectares following an inspection; if his total acreage will be immediately amended, his area aid problems resolved and full headage payment released; and if he will make a statement on the matter. [14962/99]
Minister for Agriculture and Food (Mr. Walsh): The 1998 area aid application form submitted by the person named had certain inconsistencies in that the summary total on the front of his application form was 16.60 hectares, while the sum of the parcels on page two of the application form totalled 24.75 hectares.
The area aid unit gave the applicant the benefit of the 24.75 hectares claimed on page 2 of the form. The on the ground inspection determined that the applicant had 26.10 hectares. However, EU regulations do not permit the adding of land to an application after the final closing date. Any area aid related payments can, therefore, only be based on a figure of 24.75 hectares declared by the applicant on page two of his application.
A supplementary payment of £325.77 will issue to the person named within the next three weeks. His total grant, based on 24.75 hectares, is subject to forage area restrictions as set out in clause 27 of the terms and conditions governing the 1998 cattle headage scheme which provides that an applicant qualifying for headage grants may not receive in respect of such grants more than £89.62 per forage hectare.
164. Mr. Creed asked the Minister for Agriculture and Food the situation regarding participants in the farm retirement scheme whose land leases have expired and are up for renewal before the end of 1999; and if they are obliged to comply with the enlargement clause which under the CAP reforms is to be deleted from the new retirement scheme in 2000. [14967/99]
Minister for Agriculture and Food (Mr. Walsh): Where leases of participants in the scheme of early retirement from farming expire before they have completed their participation in the scheme, they must either extend the leases [328] to the existing transferee or find a new eligible transferee. Where leases are extended they must cover the remainder of the period for which the pension is payable or a minimum of five years, whichever is appropriate. Where land is transferred to a new transferee, the current terms and conditions of the scheme regarding enlargement will continue to apply.
165. Mr. Creed asked the Minister for Agriculture and Food if his Department has received an application for 1996 cattle headage from a person (details supplied) in County Cork; and if this grant will be paid as soon as possible. [14968/99]
Minister for Agriculture and Food (Mr. Walsh): Without a valid area aid application for the relevant year, headage payments cannot issue to a herdowner. The person named did not submit an area aid application in 1996 and consequently, in accordance with clause 20 of the terms and conditions governing the 1996 cattle headage scheme, payment cannot issue in respect of his application for grants under this scheme.
166. Mr. Farrelly asked the Minister for Agriculture and Food the reason a person (details supplied) in County Meath has not been informed of the result of the second test carried out on his herd; and if he will make a statement on the matter. [14969/99]
Minister for Agriculture and Food (Mr. Walsh): The results requested in this case will be provided shortly.
167. Mr. Connaughton asked the Minister for Agriculture and Food if he will outline in tabular format the carcase classification results for Irish steers, heifers, bulls and cows for each of the years 1990 to 1998 inclusive; and the reason there has been such a deterioration in the classification results. [14984/99]
Minister for Agriculture and Food (Mr. Walsh): The carcase classification results for all categories of cattle slaughtered in licensed meat export premises in Ireland during the period 1990 to 1998 are given in the following tabular statement.
There has been a deterioration in the grades of Irish cattle as measured on the EU classification system over the past five years in particular. There has been a drop in the conformation standards and an increase in fat levels. A number of factors have contributed to this development, including the flat pricing system operated by meat processors. Changes in the genetic composition of the cattle herd, brought about mainly by the increasing use of the Holstein breed in the dairy [329] herd, have also been a factor. In addition, the low level of live trade to third countries over the past three years has also been a factor as these markets traditionally took the poorer quality finished cattle.
[330] The beef task force, which I set up last November, is examining these issues as part of an overall strategy for the beef industry. The task force is expected to complete its report shortly.
CARCASECLASSIFICATIONRESULTS1990(%)
SteersCARCASECLASSIFICATIONRESULTS1991(%)
Steers| E | U | R | O | P | Total | |
|---|---|---|---|---|---|---|
| 1 | – | 0.5 | 8.8 | 10.2 | 2.3 | 21.9 |
| 2 | – | 5.7 | 24.1 | 15.5 | 1.3 | 46.5 |
| 3 | – | 4.4 | 15.9 | 6.4 | 0.2 | 26.8 |
| 4L | – | 1.1 | 2.7 | 0.4 | – | 4.2 |
| 4H | – | – | 0.4 | – | – | 0.4 |
| 5 | – | – | 0.2 | – | – | 0.2 |
| Total | – | 11.7 | 52.0 | 32.5 | 3.8 | 100.0 |
CARCASECLASSIFICATIONRESULTS1992(%)
Steers| E | U | R | O | P | Total | |
|---|---|---|---|---|---|---|
| 1 | – | – | – | – | 0.2 | 0.2 |
| 2 | – | 0.1 | 0.2 | 0.5 | 0.2 | 1.0 |
| 3 | 0.1 | 4.2 | 8.7 | 10.8 | 0.4 | 24.2. |
| 4L | 0.1 | 10.1 | 27.7 | 6.2 | 0.1 | 44.2 |
| 4H | – | 5.9 | 20.1 | 2.1 | – | 28.1 |
| 5 | – | 0.4 | 1.7 | 0.2 | – | 2.3 |
| Total | 0.2 | 20.7 | 58.4 | 19.8 | 0.9 | 100.0 |
| E | U | R | O | P | Total | |
|---|---|---|---|---|---|---|
| 1 | – | – | – | 0.1 | 0.5 | 0.6 |
| 2 | – | 0.1 | 0.3 | 0.4 | 0.5 | 1.3 |
| 3 | 0.1 | 2.3 | 8.7 | 4.3 | 0.3 | 15.7 |
| 4L | – | 6.3 | 28.5 | 11.5 | 0.2 | 46.5 |
| 4H | – | 3.1 | 18.7 | 6.7 | 0.1 | 28.6 |
| 5 | – | 0.5 | 4.7 | 2.1 | – | 7.3 |
| Total | 0.1 | 12.3 | 60.9 | 25.1 | 1.6 | 100.0 |
| E | U | R | O | P | Total | |
|---|---|---|---|---|---|---|
| 1 | – | 0.5 | 4.4 | 5.6 | 1.1 | 11.6 |
| 2 | 0.2 | 6.1 | 24.0 | 13.9 | 0.3 | 44.4 |
| 3 | – | 6.8 | 18.0 | 6.1 | 0.3 | 31.2 |
| 4L | – | 4.0 | 7.3 | 0.3 | – | 11.6 |
| 4H | – | 0.2 | 0.5 | 0.3 | – | 0.9 |
| 5 | – | – | 0.3 | – | – | 0.3 |
| Total | 0.2 | 17.5 | 54.5 | 26.2 | 1.7 | 100.0 |
CARCASECLASSIFICATIONRESULTS1993(%)
Steers| E | U | R | O | P | Total | |
|---|---|---|---|---|---|---|
| 1 | – | – | – | – | 0.2 | 0.3 |
| 2 | – | 0.2 | 0.3 | 0.4 | 0.3 | 1.2 |
| 3 | 0.1 | 3.3 | 6.9 | 7.9 | 0.7 | 18.9 |
| 4L | 0.1 | 9.3 | 25.0 | 12.0 | 0.5 | 46.9 |
| 4H | – | 4.9 | 18.8 | 5.4 | 0.1 | 29.2 |
| 5 | – | 0.4 | 2.4 | 0.8 | – | 3.6 |
| Total | 0.2 | 18.1 | 53.4 | 26.5 | 1.8 | 100.0 |
| E | U | R | O | P | Total | |
|---|---|---|---|---|---|---|
| 1 | 0.1 | 1.2 | 5.7 | 5.3 | 0.2 | 14.3 |
| 2 | – | 7.0 | 19.1 | 11.1 | 2.1 | 39.4 |
| 3 | – | 11.1 | 15.8 | 5.8 | 0.6 | 33.3 |
| 4L | – | 4.7 | 5.8 | 0.7 | – | 11.2 |
| 4H | – | 0.9 | 0.6 | 0.2 | – | 1.7 |
| 5 | – | – | – | – | – | – |
| Total | 0.1 | 24.9 | 47.0 | 23.2 | 4.7 | 100.0 |
CARCASECLASSIFICATIONRESULTS1994(%)
Steers| E | U | R | O | P | Total | |
|---|---|---|---|---|---|---|
| 1 | – | – | – | 0.1 | 0.9 | 1.0 |
| 2 | – | 0.1 | 0.3 | 0.7 | 1.2 | 2.3 |
| 3 | – | 1.1 | 4.8 | 5.7 | 1.2 | 12.8 |
| 4L | – | 4.1 | 20.6 | 16.6 | 1.1 | 42.4 |
| 4H | – | 2.6 | 15.2 | 11.5 | 0.4 | 29.7 |
| 5 | – | 0.5 | 5.0 | 6.1 | 0.2 | 11.8 |
| Total | – | 8.4 | 45.9 | 40.7 | 5.0 | 100.0 |
CARCASECLASSIFICATIONRESULTS1995(%)
SteersCARCASECLASSIFICATIONRESULTS1996(%)
Steers| E | U | R | O | P | Total | |
|---|---|---|---|---|---|---|
| 1 | – | – | – | 0.1 | 0.2 | 0.3 |
| 2 | – | 0.1 | 0.4 | 0.8 | 0.7 | 2.0 |
| 3 | – | 1.5 | 5.2 | 7.4 | 1.8 | 15.9 |
| 4 | – | 10.0 | 34.5 | 24.3 | 1.7 | 70.5 |
| 5 | – | 1.1 | 6.3 | 3.8 | 0.1 | 11.3 |
| Total | – | 12.7 | 46.4 | 36.4 | 4.5 | 100.0 |
| E | U | R | O | P | Total | |
|---|---|---|---|---|---|---|
| 1 | – | – | – | 0.1 | 0.9 | 1.0 |
| 2 | – | 0.1 | 0.4 | 0.8 | 1.0 | 7.3 |
| 3 | – | 0.9 | 4.7 | 5.2 | 1.1 | 11.9 |
| 4 | – | 5.0 | 34.1 | 27.3 | 1.6 | 68.0 |
| 5 | – | 0.6 | 7.7 | 8.2 | 0.2 | 16.7 |
| Total | – | 6.6 | 46.9 | 41.6 | 4.8 | 100.0 |
| E | U | R | O | Pc | Total | |
|---|---|---|---|---|---|---|
| 1 | – | – | – | 0.1 | 8.3 | 8.4 |
| 2 | – | – | – | 0.6 | 11.6 | 12.2 |
| 3 | – | – | 0.1 | 3.0 | 11.6 | 14.7 |
| 4 | – | 0.2 | 1.4 | 21.6 | 18.0 | 41.2 |
| 5 | – | 0.1 | 2.2 | 17.7 | 3.5 | 23.5 |
| Total | – | 0.3 | 3.7 | 43.0 | 53.0 | 100.0 |
CARCASE CLASSIFICATION RESULTS 1997 (%)
SteersCARCASE CLASSIFICATION RESULTS 1998 (%)
Steers168. Mr. Naughten asked the Minister for Agriculture and Food if the payment of the farm retirement pension to the age of 75 has been approved; the delays, if any, in approving the scheme; when the extended payments will begin; and if he will make a statement on the matter. [15000/99]
Minister for Agriculture and Food (Mr. Walsh): The rural development regulation which was adopted by the Agriculture Council last month as part of Agenda 2000 agreement provides for continued support for early retirement from farming. The payment of pension for up to 15 years or to age 75 is just one of the number of options provided for in the regulation for the future early retirement scheme. The terms and [346] conditions which will apply to such a scheme are being considered at present in the context of an integrated rural development plan which my Department has to prepare to implement the new rural development regulation.
The integrated rural development plan must be submitted to the European Commission within six months of adoption of the regulation and the Commission is required to approve the plan within six months of its submission. The provisions of the regulation cannot be implemented until the Commission has approved the plan and in any event not before 1 January 2000.
[347]169. Mr. Ring asked the Minister for Agriculture and Food when a REP scheme payment will be made to a person (details supplied) in County Mayo. [15031/99]
Minister for Agriculture and Food (Mr. Walsh): My Department has no record of an application under the REP scheme from the person named.
170. Mr. Ring asked the Minister for Agriculture and Food the reason a person (details supplied) in County Mayo has not received payment under the suckler cow scheme. [15032/99]
Minister for Agriculture and Food (Mr. Walsh): The person named applied for nine beef cows and one calf under the 1998 cattle headage scheme and eight cows under the 1998 suckler cow scheme on 28 May 1998.
It was discovered that one of the animals listed on the application form was disposed of inside the retention period. The resultant penalty applicable in this case is 10 per cent of the total cattle headage grant due to him.
As the person concerned has already been paid his full 1998 cattle headage entitlement of £775.80, a deduction of £77.58 will now be made from his 1998 suckler cow entitlement which will be paid within the next week.
171. Mr. Ring asked the Minister for Agriculture and Food the reason a person (details supplied) in County Mayo has not received payment of 1998 headage and premium grants in view of the fact the application was cleared for payment six weeks ago; and if this will be investigated immediately. [15033/99]
Minister for Agriculture and Food (Mr. Walsh): As stated in my reply to Parliamentary Question No. 54 of 6 May 1999 the application has now been fully processed by the area aid unit. Arrangements have been put in place for payments to issue within the next two weeks.
172. Mr. Ring asked the Minister for Agriculture and Food when a person (details supplied) in County Mayo will receive payment under her REP scheme application. [15034/99]
Minister for Agriculture and Food (Mr. Walsh): The person concerned submitted a REP scheme application on 17 July 1998. The application contained commonage land and could not be processed pending the availability of commonage framework plans and revised REPS specifications.
As it will take some time before framework plans will be available for all commonages, an interim national framework plan has been put in place to facilitate processing of REPS applications which include commonage land. In April [348] last, revised agri-environmental specifications were published by my Department and a revised plan format was drawn up to accommodate applications with commonage land. The person named should submit a REPs plan in the revised format for consideration under the terms of the scheme.
173. Dr. O'Hanlon asked the Minister for Agriculture and Food if a person (details supplied) in County Monaghan is allowed to enter for a suckling quota; and if he will make a statement on the matter. [15107/99]
Minister for Agriculture and Food (Mr. Walsh): The person named has not applied for an allocation of suckler cow quota from the 1999 national reserve. The closing date for receiving completed applications was 8 January 1999 and I regret that an application cannot be accepted at this stage.
He may apply for an allocation of suckler cow quota from the 2000 national reserve. Application forms to enable him to apply will be available in December next and I have arranged to have a form sent to him then.
174. Mr. Aylward asked the Minister for Agriculture and Food if a person (details supplied) in County Kilkenny will have a copy of his application and plan under the 1983 rescue package farm plan made available to him. [15108/99]
Minister for Agriculture and Food (Mr. Walsh): There is no record in my Department of an application from the person named under the rescue package referred to by the Deputy.
176. Mr. Ring asked the Minister for Agriculture and Food when a person (details supplied) in County Mayo will expect to receive a REP scheme payment. [15128/99]
Minister for Agriculture and Food (Mr. Walsh): This case was chosen at random for a compliance inspection. Arrangements are being made to have the inspection carried out as soon as possible.
177. Mr. Ring asked the Minister for Agriculture and Food when a person (details supplied) in County Mayo will receive payment of headage and premia. [15129/99]
Minister for Agriculture and Food (Mr. Walsh): As stated in my reply to Parliamentary Question No. 118 of 12 May 1999, in order to be considered for disadvantaged areas headage payments, herdowners must submit a valid area aid [349] application for the relevant year. The person named did not submit an area aid application in 1998 and consequently no headage payments can issue in respect of 1998.
The person named did not lodge an application for the 1998 suckler cow premium, ewe premium, sheep headage or special beef premium schemes and consequently he is not eligible for grants under any of these schemes.
If the applicant wishes to submit a postal certificate as evidence of posting, and a copy of his application form, the area aid unit will examine the case again.
178. Mr. Kenny asked the Minister for Agriculture and Food when payment in respect of headage will issue to a person (details supplied) in County Mayo; and if he will make a statement on the matter. [15130/99]
Minister for Agriculture and Food (Mr. Walsh): The person named is not the registered herdowner in the case of the herd number quoted. An application for transfer of ownership was received in the Department on 3 June 1999 and is at present under consideration.
179. Mr. Ellis asked the Minister for Agriculture and Food the outcome of an appeal lodged by a person (details supplied) in County Leitrim who is seeking a REP scheme payment. [15133/99]
Minister for Agriculture and Food (Mr. Walsh): An appeal against a penalty imposed on a second year REPS payment has been submitted to my Department. This will be fully considered by my Department's REPS appeals committee. The person named will then be informed directly of the outcome.
180. Mr. Ellis asked the Minister for Agriculture and Food if a REP scheme payment will be made to a person (details supplied) in County Leitrim. [15134/99]
Minister for Agriculture and Food (Mr. Walsh): I refer the Deputy to my reply to Parliamentary Question No. 76 of 3 March last.
A revised agri-environmental plan was recently received in my Department. However, when examined it was found to be deficient in a number of ways. My Department will be in contact with the person named shortly explaining the difficulties and requesting that the plan be amended to comply with the requirements of the REPS agri-environmental specifications.
181. Mr. Ellis asked the Minister for Agriculture and Food if headage and premia will be paid to a person (details supplied) in County Leitrim. [15135/99]
[350]Minister for Agriculture and Food (Mr. Walsh): There was a land parcel over-claim on the area aid application of the person concerned and following contact with him the over-claim was resolved. Payments based on the reduced area have been made to the applicant.
182. Cecilia Keaveney asked the Minister for Agriculture and Food the position on a REP scheme payment for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [15136/99]
Minister for Agriculture and Food (Mr. Walsh): The case was chosen at random for a pre-payment compliance inspection. The inspection has now taken place and payment will issue within the next 14 days.
183. Cecilia Keaveney asked the Minister for Agriculture and Food the position on a fodder scheme payment for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [15147/99]
Minister for Agriculture and Food (Mr. Walsh): The person named did not lodge an application for the 1998 suckler cow premium, ewe premium or sheep headage schemes and did not hold a milk quota on 1 April 1998. Therefore, he does not qualify for assistance under the general winter fodder scheme.
He did submit an application for assistance under the special fodder hardship fund scheme but he does not qualify for aid under this scheme either, as he applied for arable aid in 1998.
184. Mr. Perry asked the Minister for Agriculture and Food if the amount due on arrears will be reduced or waived for a person (details supplied) in County Sligo in view of the financial pressure he is under due to bereavements in the family; and if he will make a statement on the matter. [15148/99]
Minister for Agriculture and Food (Mr. Walsh): The annuity payable by the person named was reduced from £351.82 to £216.50 in May 1993 and it is not proposed to give any further reduction. He has only paid a sum of £200 since May 1993 and he currently owes £1,207.25, i.e. a balance of £16.50 in respect of the November 1993 instalment and eleven instalments of £108.25 each due from May 1994 to May 1999. If the person named requires some time to clear the amount outstanding, he should contact the collection branch of my Department at Michael Davitt House, Castlebar where his request will be considered.
[351]185. Mr. Penrose asked the Minister for Agriculture and Food when an installation aid grant will be paid to a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [15151/99]
Minister for Agriculture and Food (Mr. Walsh): Having regard to the volume of work on hand there has been an unavoidable delay in processing this application. If the application is supported by full documentation as required under the scheme it will be processed within two months.
186. Mr. Farrelly asked the Minister for Agriculture and Food the reason information requested from his Department by the Ombudsman has been refused in relation to a person (details supplied) in County Meath; if the information will be supplied at the earliest possible date; and if he will make a statement on the matter. [15162/99]
Minister for Agriculture and Food (Mr. Walsh): The information requested in relation to the person named has been supplied to the Ombudsman. The person named has been written to by the Ombudsman on foot of the information received by him.
187. Mr. Farrelly asked the Minister for Agriculture and Food the reason a person (details supplied) in County Meath who applied for a suckler cow grant was turned down in 1992, inspected in 1993 and refused a quota which she was entitled to; the steps, if any, he will take to rectify the position; and if he will make a statement on the matter. [15163/99]
Minister for Agriculture and Food (Mr. Walsh): The file in this case is at present with the Ombudsman and I regret that I am unable to provide the details requested. On return of the file I will communicate with the Deputy.
188. Mr. Penrose asked the Minister for Agriculture and Food the reason a medical certificate submitted on behalf of a person (details supplied) in County Westmeath was not accepted as a force majeure reason for his withdrawal from the REP scheme; and if he will make a statement on the matter. [15164/99]
Minister for Agriculture and Food (Mr. Walsh): Unfortunately long-term incapacity of the spouse of a REP scheme beneficiary is not acceptable in the context of force majeure provisions.
[352]189. Mr. McGrath asked the Minister for Agriculture and Food if computerised records of herd registers, herd movements and veterinary treatments will be acceptable under the new proposals from his Department; if only data from certain software companies will be acceptable; the way in which that software and those companies will be acceptable; the way in which the software and those companies were selected; if his attention has been drawn to the fact that no restrictions regarding record keeping exist in other Departments; and if he will make a statement on the matter. [15165/99]
Minister for Agriculture and Food (Mr. Walsh): EU regulations permit herd registers to be kept in computer format approved by the competent authority in the member state. It has been decided that any computerised version of the herd register would have to contain similar security features to those included in the herd register book.
My Department contacted the main suppliers of farm management packages with a view to ensuring that their packages were upgraded to provide the required level of security. Following discussions with the three firms concerned, they have now upgraded their software and are in the process of distributing the upgrade to their clients. Discussions are in progress with a further three companies with a view to establishing the suitability of their particular computerised version of herd registers.
In so far as the record of veterinary treatments is concerned, my Department has recently had an approach from a company wishing to provide a computerised record for farmers. Discussions with the company concerned are ongoing with a view to determining whether the package concerned meets the essential requirements of the animal remedies legislation.
190. Mr. Ring asked the Minister for Agriculture and Food when a person (details supplied) in County Mayo will see a resolution to his claim for headage and premia; and the reason for the delay in payment. [15166/99]
Minister for Agriculture and Food (Mr. Walsh): The person named was written to regarding commonage and dual claim problems determined on his 1998 area aid application. No response has yet been received. No payments can issue until all outstanding problems have been resolved.
191. Cecilia Keaveney asked the Minister for Agriculture and Food the position in relation to a headage grant payment for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [15229/99]
[353]Minister for Agriculture and Food (Mr. Walsh): A herdowner must submit a valid area aid application for the relevant year in order to be considered for payment of headage grants. The person named did not submit an area aid application in 1998, and consequently payments of headage grants cannot issue. However, if the person named forwards a postal certificate as proof of postage and a copy of his original application, my Department will have it processed.
192. Mr. Ring asked the Minister for Agriculture and Food the decision, if any, made on the control of farmyard pollution scheme. [15323/99]
Minister for Agriculture and Food (Mr. Walsh): I expect that the European Commission will give a positive response in the near future to my Department's submission on the introduction of a national scheme for the control of farm pollution.
193. Mr. Ring asked the Minister for Agriculture and Food when a person (details supplied) in County Mayo will receive payment of 1998 headage and a beef premium. [15324/99]
Minister for Agriculture and Food (Mr. Walsh): A dual claim has been determined on one of the parcels claimed by the person named. He and the other herdowner involved have been written to in this connection. No payments can issue until all outstanding matters have been resolved.
194. Mr. Ring asked the Minister for Agriculture and Food the reason a person (details supplied) in County Galway has not received payment of 1998 headage and premia; and the reason for the delay in dealing with this claim. [15325/99]
Minister for Agriculture and Food (Mr. Walsh): The person named was issued with maps for completion. These maps have been returned to the area aid unit and are currently being processed. Any payments due will issue as soon as possible.
195. Mr. Ring asked the Minister for Agriculture and Food when a person (details supplied) in County Mayo will receive payment of 1998 sheep headage. [15326/99]
Minister for Agriculture and Food (Mr. Walsh): As stated in my reply to Parliamentary Question No 57 of 6 May 1999 the person named declared a total of 1.37 hectares. On his 1998 area aid application form he signed and returned a pre-printed area aid application form without making any additions or amendments. My Department, therefore, processed the application [354] on the basis of the 1.37 hectares declared resulting in the applicant not satisfying the minimum three hectares required in order to qualify for headage payments. However, if the applicant contacts the area aid unit with a view to clarifying the actual claim that he wished to submit for 1998, the matter will be examined again.
196. Mr. Perry asked the Minister for Agriculture and Food if, further to Parliamentary Question No. 224 of 20 April 1999, he will ensure that a fourth installment under the REP scheme and a three year payment due under the supplementary measure five (hill walking) will immediately be released for a person (details supplied) in County Leitrim in view of the fact that all the documents are lodged; and if he will make a statement on the matter. [15327/99]
Minister for Agriculture and Food (Mr. Walsh): My Department has written to the person named advising that it is considered that the holding was created to maximise payments under REPS. The scheme conditions specifically prevent the creation or splitting of holdings to maximise or draw down payments under REPS. My Department must protect the interests of the national Exchequer and the European Union by fully implementing this condition.
The person named has been further advised that only a joint application for all lands farmed by her and her husband will be considered.
197. Mr. Durkan asked the Minister for Finance the position regarding the provision of a new Garda station at Leixlip, County Kildare; the extent, if any, to which his Department has entered into negotiations with other agencies in relation to this issue; and if he will make a statement on the matter. [15495/99]
Minister of State at the Department of Finance (Mr. Cullen): As the Deputy is aware my Department is negotiating with Kildare County Council regarding the provision of a site for a new Garda station at Leixlip, County Kildare.
My Department has not entered into negotiations with any other agencies in relation to this issue.
198. Mr. R. Bruton asked the Minister for Finance if he will make a decision to remove the travel tax and seek similar moves in other EU countries in view of the abolition of duty free in order to remove distortions in the market place which affect trade and travel and in further view of the fact that on some of the low cost flights to London the special travel levies of the Irish and United Kingdom Governments almost exceed the cost of the ticket. [14818/99]
Minister for Finance (Mr. McCreevy): I have no plans at this stage to abolish the current travel [355] tax of IR£5 on certain passenger tickets issued in the State for sea and air travel to destinations outside the State other than Northern Ireland. The application of travel tax by other member states is a matter for those states. The tax policies of other member states is not a matter in which I would ordinarily intervene – for obvious reasons.
199. Mr. O'Shea asked the Minister for Finance the assistance, if any, he will give to the Blind Car Owners and Users Association (details supplied); and if he will make a statement on the matter. [14852/99]
Minister for Finance (Mr. McCreevy): I believe that the assistance referred to in the question is the issue of extending the benefits of the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme to the blind.
I refer the Deputy, for his information, to the reply to the Adjournment debate held on 2 March 1999 which dealt comprehensively with this issue. The Deputy will also be aware of parliamentary questions on this topic which I answered on various dates during April and May.
The present medical criteria for access to the scheme relate essentially to disabilities which seriously and permanently impair the physical mobility of the person concerned. This reflects the origins of the scheme as a relief for disabled persons who were confined to wheelchairs, but nevertheless, were capable of driving suitably adapted motor cars.
A review of the scheme is being undertaken by an interdepartmental group chaired by the Department of Justice, Equality and Law Reform, The existing medical criteria for qualification is one of the issues that may have been raised with that group. I await their report.
However the current scheme is costly and opening it up to wider ranges of disabilities would significantly add to this cost. I must caution, therefore, against an expectation that a broader range of persons who suffer from some form of disability or disablement will be admitted to the scheme as a result of this review.
200. Mr. Haughey asked the Minister for Finance the plans, if any, he has to change the existing arrangements in relation to company cars and benefit-in-kind; the reason this is deducted from a taxpayer's tax free allowances; and if he will make a statement on the matter. [14853/99]
204. Mr. C. Lenihan asked the Minister for Finance if he will lower the 30,000 mile threshold in relation to benefit-in-kind as it applies to company cars. [15061/99]
[356]205. Mr. C. Lenihan asked the Minister for Fin ance if he will re-consider the issue of benefit-in-kind on company cars in view of the inequity it places on company representatives based solely in Dublin. [15062/99]
206. Mr. C. Lenihan asked the Minister for Finance if he will distinguish between the bona fide sales representative and, for instance, a company director in relation to the payment of benefit-in-kind tax on company cars. [15063/99]
207. Mr. C. Lenihan asked the Minister for Finance if he will review the treatment of company cars in relation to benefit-in-kind; and if he will make a statement on the matter. [15064/99]
208. Mr. C. Lenihan asked the Minister for Finance if he will consider the tax regime governing benefit-in-kind on company cars in view of fears in relation to wage inflation. [15065/99]
Minister for Finance (Mr. McCreevy): I propose to take Questions Nos. 200 and 204 to 208, inclusive, together.
For income tax purposes a benefit-in-kind may be described as a benefit in a form which cannot be converted into money but which nevertheless confers a benefit on an employee or director. The normal method for collecting tax on benefit-in-kind is by means of reducing the taxpayer's tax free allowance by the appropriate amount.
Special rules – introduced by the Finance Act, 1982 – apply to the benefit-in-kind on a car made available by an employer for an employee's private use. These rules impose a charge based on 30 per cent of the original market value of the car where the employer also pays for all the normal running costs. Where an employee pays the running costs, such as road tax, insurance, servicing, repairs and private petrol costs. the 30 per cent charge can be reduced by various amounts to a minimum of 18.5 per cent.
In addition, a system of tapering relief applies where an employee's annual business mileage is over 15,000 miles. Under this tapering relief the benefit-in-kind charge is reduced on a sliding scale, with a maximum reduction of 75 per cent where the annual business mileage exceeds 30,000 miles. This tapering relief is of particular benefit, for example, to company representatives with high business mileage.
The Finance Act, 1996, introduced a further concession for company representatives, particularly in urban areas such as Dublin, who use their company cars intensively but who do not accumulate significant business mileage. Where such employees meet certain conditions they are entitled to a 20 per cent reduction on the benefit-in-kind charge as an alternative to the tapering relief described above.
Benefit-in-kind charges are one of the issues which will be considered in the run-up to the next budget.
I am arranging to have the revenue leaflet on benefits from employment. which sets out in [357] detail the treatment of company cars for benefit-in-kind purposes, sent to both Deputies.
201. Mr. Ring asked the Minister for Finance when the Office of Public Works will be dealing with the problem of a blocked drain off a road (details supplied) in County Mayo. [14934/99]
Minister of State at the Department of Finance (Mr. Cullen): The area referred to does not form part of any arterial drainage scheme for which the Office of Public Works has a maintenance responsibility.
202. Mr. Perry asked the Minister for Finance if a person (details supplied) in County Sligo will be called for interview with the Civil Service; and if he will make a statement on the matter. [14982/99]
Minister for Finance (Mr. McCreevy): The person concerned is a candidate at an open competition held by the Civil Service Commissioners for positions as clerical officer. The Civil Service Commission is in the process of arranging interviews for a number of applicants, including the candidate referred to in this question.
203. Mr. Perry asked the Minister for Finance the criteria involved for inclusion in the rural renewal scheme for designated areas; if this scheme will be extended to include the parish of Skreen and Dromard, County Sligo, in view of the fact that prosperous towns are included while areas of obvious demographic demise are excluded; and if he will make a statement on the matter. [14986/99]
Minister for Finance (Mr. McCreevy): The area designated under the rural renewal scheme includes all of the counties Longford and Leitrim and parts of the neighbouring counties of Sligo, Cavan and Roscommon. It has long been recognised that the area designated has suffered long-term population decline and less than average economic growth. It is also an area that is without significant urban centres that elsewhere have acted as focuses for economic growth and inward investment. In and effort to address these problems I made provisions in the Finance Act, 1998, for the introduction of a tax incentive scheme for this area, both to encourage people to reside in the area and to promote new economic activity.
As I have said before this is a pilot scheme and is focused on a limited and specifically defined part of the State and aimed at the upper Shannon region. To extend the scheme beyond its present boundaries would be incompatible with the original aims of the scheme and would result in a dilution of the impact of the incentives. If the [358] geographical scope of the measure is too wide, it will not achieve the aim of the scheme which is an attempt to renew and invigorate parts of the upper Shannon region.
209. Mr. Durkan asked the Minister for Finance the amount of inheritance tax paid to date by a person (details supplied) in County Kildare as a result of inheritances since 1990; the amount outstanding; and if he will make a statement on the matter. [15066/99]
Minister for Finance (Mr. McCreevy): I am informed by the Revenue Commissioners that the taxpayer in question has paid a total of £12,861.09 in inheritance tax in respect of benefits totalling £146,512.98. There is an outstanding tax liability of £16,279 and accrued interest amounting to £8,900.
210. Mr. Hayes asked the Minister for Finance the plans, if any, he has to amend the law concerning the implementation of inheritance tax in view of the massive rise in house prices particularly in the Dublin area; his views on whether inheritance tax is causing hardship for a significant group of people; and if he will make a statement on the matter. [15102/99]
Minister for Finance (Mr. McCreevy): I accept that the value of property has increased substantially above the relevant capital acquisitions tax thresholds. Various changes and concessions have been made to the CAT code over the years to alleviate this situation, by both my predecessors as well as by me.
I have undertaken during the Finance Bill, 1999, debate to review the CAT system before the next budget. It is necessary to remember that changes in the CAT area are costly and that they are primarily of benefit to those in receipt of a gift or inheritance and not the general body of taxpayers.
211. Mr. Perry asked the Minister for Finance the plans, if any, he has in place to allow property owners to write off profits received from rental property to students in particular against the interest paid for the purchase of the property; and if he will make a statement on the matter. [15150/99]
Minister for Finance (Mr. McCreevy): The Finance (No. 2) Act, 1998, abolished the deductibility of interest for borrowings in respect of private rented residential accommodation purchased on or after 23 April 1998 – subject to certain transitional provisions. The Act represents a significant part of the Government's package of measures aimed at addressing problems in the housing market. This is a three pronged approach aimed at increasing the supply [359] of serviced land, reducing excess investor demand and assisting ordinary house purchasers. It was prepared on the basis of the report on house prices prepared by Peter Bacon and Associates.
The Government's action has helped to restore a degree of parity between the various market participants, i.e. the owner-occupier and the investor.
The measures in the Act were framed to address the situation identified in the report that investors were to some extent replacing first time buyers in the market – a development which is totally contrary to the thrust of housing policy over recent decades. Restoration of tax relief for private landlords in respect of provision of private rented accommodation would result in a reversal of the improvements in the position of first time buyers brought about by the Finance (No. 2), 1998. I do not therefore propose to make any changes to the measures introduced in the Act.
With regard to student accommodation, I announced in budget 1999, a measure to encourage the provision of third level student residences, preferably located at or near the third level campus. This was given effect in section 50 of the Finance Act, 1999. Section 50 provides for the granting of relief – commonly referred to as section 23 relief – for rented residential accommodation in respect of the provision of third level student accommodation. It covers three categories of expenditure – construction, conversion and refurbishment. This relief gives a deduction of 100 per cent of construction, conversion or refurbishment expenditure which is offset against all rental income whether derived from the premises in question or from other lettings. Each project will be subject to certification by the relevant third level institution in accordance with guidelines drawn up by the Minister for Education and Science in consultation with the Minister for the Environment and Local Government and with the consent of the Minister for Finance. These guidelines will deal with various features of the scheme including the institutions which will qualify, conditions relating to the standards and location of accommodation and the categories of students whose accommodation will be covered. The relief will be available for expenditure incurred in the four year period from 1 April 1999 to 31 March 2003.
The Government is aware of concerns regarding the impact of the measures in the Finance (No. 2) Act, 1998 on the supply of rented accommodation. In commissioning a study by Peter Bacon and Associates to assess the impact of last year's Government action on house prices, the Government ensured that the consultants included an assessment of the impact on the market for private rented residential accommodation. This report, which was published in March this year, did not recommend the restoration of deductibility of interest on borrowings undertaken for investment in residential property.
[360]212. Mr. Penrose asked the Minister for Finance the date the increase in the amount of tax relief on redundancy lump sums became operative; if this provision will cover redundancies which took place in November 1998; and if he will make a statement on the matter. [15188/99]
Minister for Finance (Mr. McCreevy): The Finance Act, 1999, increased the amount of the basic exemption from tax in respect of non-statutory redundancy payments with effect from 1 December 1998. The increase applies to such payments made on or after 1 December 1998.
213. Mrs. Owen asked the Minister for Finance the proposals, if any, he has to increase the limits for brothers or sisters to inherit from their own family members before paying inheritance tax. [15314/99]
Minister for Finance (Mr. McCreevy): Under the existing capital acquisitions tax (CAT) code an individual can avail of the Class II threshold, currently £25,720 for the year 1999, when taking a benefit from a lineal relative. In addition, the elderly siblings relief, introduced in 1991 and subsequently increased takes account of the special circumstances of elderly brothers and sisters who live together. The effect of this relief means that the value of an inheritance of a share or all of their family home taken from a sibling can be reduced by 80 per cent or £150,000, whichever is the lesser. Thus an individual, subject to the conditions of the relief being met, could inherit a half share in a house, with a market value of just over £257,000, before any CAT would be due.
This relief is substantial. However, I have undertaken during the Finance Bill, 1999, debate to review the CAT system before the next budget. It is necessary to remember that changes in the CAT area are costly and that they are primarily of benefit to those in receipt of a gift or inheritance and not the general body of taxpayers.
214. Mr. G. Mitchell asked the Minister for Finance the reason public service recruitment rules are prejudiced against those who are middle aged, experienced and have often done courses but who do not have the leaving certificate in view of the fact this was not the norm when they were forced to leave school (details supplied); his views on whether this amounts to ageism; and if he will make a statement on the matter. [15450/99]
Minister for Finance (Mr. McCreevy): As Minister for Finance my responsibility for recruitment policy relates to the Civil Service alone. In order to ensure that no person is discriminated against on grounds of age, I have reset the upper age limit for general service competitions to 65. Educational qualifications of the type mentioned are [361] only applicable to competitions where they are deemed relevant. In the case of the Civil Service open competition for clerical officer positions, which I gather is of particular interest to the Deputy, the situation is that, while candidates must have a good general education, there is no specific requirement for the leaving certificate.
215. Mr. Naughten asked the Minister for Health and Children the reason a person (details supplied) in County Kerry in special education is not currently receiving speech therapy and has never received speech therapy on a one-to-one basis; the plans, if any, he has to rectify this situation; and if he will make a statement on the matter. [14911/99]
Minister for Health and Children (Mr. Cowen): The provision of health services in County Kerry is a matter, in the first instance, for the Southern Health Board.
As it would not be appropriate to provide the information sought by the Deputy in relation to the individual concerned by way of a parliamentary question, I have asked the chief executive officer of the Southern Health Board to examine this matter and to respond directly to the Deputy.
216. Mr. Haughey asked the Minister for Health and Children the position regarding the hours worked by junior doctors, having regard to the recent EU Council meeting; and if he will make a statement on the matter. [14922/99]
Minister for Health and Children (Mr. Cowen): It is the responsibility of local hospital management to roster non-consultant hospital doctors taking into account the nature of the clinical service to be provided. The basic working week of all NCHDs is 39 hours. However, they are liable to be rostered to work up to an average of 65 hours per week. The 65 hour week was implemented in 1989 following a Labour Court recommendation and in consultation with the Irish Medical Organisation which represents the interests of NCHDs. A mechanism has been introduced to monitor and control working hours of NCHDs as part of the revised terms and conditions of the NCHD contract of employment effective from 1 January 1997. The first stage of the mechanism, was introduced on 1 July 1995 and the complete four stage mechanism, to resolve any breach of the Labour Court recommendation has been in place since 1 January 1997. I am not aware that there has been any use made of this mechanism to date.
The Deputy will be aware that trainee doctors, along with several other groups, were excluded from the provisions of the original working time [362] directive adopted by the EU in 1993. Following adoption of the 1993 directive the European Commission embarked on a consultative exercise with the sectors concerned and the member states on how a broadly similar level of protection to that provided by the 1993 directive, could be afforded to the excluded groups while taking account of the specific requirements of the industries and services concerned. In the case of hospitals this involved attempting to balance the need for reasonable working hours for doctors while recognising the 24 hour nature of hospital services and the need to guarantee continuity of care for patients. In Ireland's case we needed a framework which would allow us to move from our present position of having a maximum working week of 65 hours for junior doctors to the 48 hours contained in the 1993 directive. My Department has been concerned to achieve this in a manner which would not endanger patients and which would not throw the entire medical workforce career structure into chaos by recruiting large numbers of trainee doctors for whom there would be no reasonable prospect of securing career posts. The Deputy will be aware that the future structure of hospital medical staffing is already being looked at by the medical manpower forum.
The European Commission published its proposals for an amending directive to the 1993 directive in November 1998. The Commission's proposals have been the subject of discussion in a social questions working group under the aegis of the Labour and Social Affairs Council. A significant number of the member states felt that the commissions' proposals were impractical and could not be implemented in the timescale proposed. The German presidency then had to work on compromise proposals which might be acceptable to a majority of the member states. These proposals involved a total transition period of 12 years with a gradual reduction in maximum weekly working hours to 48 hours over the period. The United Kingdom proposed a 13 year transition period to reach the objective. In the interests of securing unanimity at the council this proposal was accepted.
I have to point out that we have progressively reduced hospital doctors' working hours over the years. The 65 hour week was introduced in 1989-90 at considerable cost resulting in the recruitment at the time of over 400 additional doctors. The number of junior doctors has continued to grow since then. This growth has resulted in a serious imbalance between the number of these trainee posts and the number of consultant posts. I established the medical manpower forum to address this and associated medical manpower issues. The forum is taking full account of the need to reduce working hours in its deliberations. However, we have to be realistic in how we approach this complex problem. What we have sought from these negotiations is a practical framework to implement the 48 hour week. I believe that we now have a set of proposals which [363] will allow us to reduce doctors' hours in an orderly and progressive fashion without jeopardising standards of patient care or damaging young doctors' reasonable career expectations.
What was agreed at the council meeting on 25 May 1999 now goes to the European Parliament for consideration. The eventual final content of the directive is a matter for negotiation between the council and the parliament. I do not believe that we need to await the final outcome of the EU's deliberations on the draft directive to begin to put in place the preparatory process required to implement the primary provisions of the legislation. In that regard it is necessary to establish the facts on the ground.
Accordingly, it has been proposed following a recent meeting between representatives from my Department, the Health Service Employers Agency and the Irish Medical Organisation that a study should be undertaken which would look at the hours worked by NCHDs. When the findings of the study and the outcome of the medical manpower forum's deliberations are available, it is intended to reach agreement on how to reduce NCHD working hours in a manner that benefits doctors and patients.
217. Mr. Gilmore asked the Minister for Health and Children the arrangements, if any, he is putting in place for the provision of speech therapy services in the Shankill, Ballybrack and Loughlinstown areas of south County Dublin; and if he will make a statement on the matter. [15192/99]
Minister for Health and Children (Mr. Cowen): The provision of speech and language therapy services is a matter for the relevant health board. Accordingly, the Deputy's question has been referred to the chief executive officer, Eastern Health Board, with a request that he examine the query and reply directly to the Deputy, as a matter of urgency.
218. Ms Clune asked the Minister for Health and Children if he will provide the financial support requested by an organisation (details supplied) in Cork; and if he will make a statement on the matter. [15430/99]
Minister for Health and Children (Mr. Cowen): The provision of funding to voluntary agencies for services to people with physical and sensory disabilities is a matter for the relevant health board in whose functional area the services are being supplied.
I have, therefore, forwarded a copy of the Deputy's inquiry to the chief executive officer of the Southern Health Board for investigation and direct reply to the Deputy.
[364]219. Mr. Gormley asked the Minister for Health and Children if his attention has been drawn to the fact that the Irish Medicines Board has announced a major crackdown on vitamins, herbal products and other food supplements and is seeking to have them re-classified as medicines; and if he will make a statement on the matter. [15549/99]
272. Mr. Barrett asked the Minister for Health and Children if his attention has been drawn to an article (details supplied) on 28 May 1999 indicating that the Irish Medicines Board intended to scrutinise certain health products; if this scrutiny will apply to natural medicines such as herbs, essential oils, minerals or vitamins which may be purchased in health food shops; and if he will make a statement on the matter. [15179/99]
Minister for Health and Children (Mr. Cowen): I propose to answer Questions Nos. 219 and 272 together.
The Medicinal Products (Licensing and Sale) Regulations, 1998, which give effect to Council Directive 65/65/EEC, require that all medicinal products placed on the market must be the subject of a product authorisation granted by the Irish Medicines Board. Before the board, which is the competent authority for the licensing of medicinal products in Ireland, will grant an authorisation, it must first be satisfied as to the safety, quality and efficacy of the product concerned. In the case of unlicensed products, neither the safety, quality nor efficacy of such products would have been established.
The directive defines a medicinal product as any substance or combination of substances for treating or preventing disease in humans or animals or which may be administered with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions. Neither the directive nor the regulations make any distinction between conventional medicines or so-called natural health products. It is, however, accepted that there are a range of products on the market which may, depending on circumstances, be classified as either food supplements or medicinal products. For example, certain products such as vitamin or mineral supplements may be presented at therapeutic dosage levels supported by specific medicinal claims and, indeed, certain vitamins and minerals can have serious side effects if taken in excessive doses. In this respect, the Irish Medicines Board has recently published guidelines which seek to clarifying the criteria used in classifying such products.
Under the regulations, powers of enforcement have been given to the board and, as the licensing authority, it is appropriate that the board should take primary responsibility for the enforcement of the regulations. However, I would stress that, in seeking to enforce the regulations, the board will only be concerned with those products which [365] are clearly medicinal products as defined by the directive.
220. Mr. R. Bruton asked the Minister for Health and Children the reason for the delay in the promised extension of dental cover to school going children up to the age of 16; and if he will make a statement on the matter indicating the prospective date for its implementation. [14816/99]
230. Mr. G. Mitchell asked the Minister for Health and Children if dental treatment will be made available to school children up to the age of 16 and not stopped at the age of 14; and if he will make a statement on the matter. [14897/99]
Minister for Health and Children (Mr. Cowen): Dental treatment services for children are being developed in accordance with the dental health action plan. The plan provides for the extension of eligibility for dental services to children after they leave national school up to 16 years of age on a phased basis.
In the initial phase of the plan eligibility for dental services has been extended to children up to their 14th birthday. I proposed to extend entitlement up to 16 years as soon as issues relating to the proposed restructuring of the health board dental services have been resolved with the staff associations concerned.
221. Mr. Farrelly asked the Minister for Health and Children the reason for the delay in appointing a chairperson for the public health review; and if he will make a statement on the matter. [14819/99]
Minister for Health and Children (Mr. Cowen): A shortlist of candidates regarded as suitable for appointment as chairperson has been agreed in consultation with the Irish Medical Organisation. The list of candidates is currently under consideration in my Department.
222. Mr. Farrelly asked the Minister for Health and Children the formal out of hours on call arrangements in place in each of the health boards for the management and control of infectious diseases and, in particular, meningitis and E.Coli 0157; his views on whether these arrangements are satisfactory; and if he will make a statement on the matter. [14820/99]
Minister for Health and Children (Mr. Cowen): Arrangements for the management and control of infectious diseases are the responsibility of individual health boards. There are no formal out of hours on call arrangements in place in this regard. There is to be an overall review of the [366] operations of the public health departments in each health board and this issue is one of the many to be considered in that context. It is hoped that this review will commence shortly.
223. Mr. Deasy asked the Minister for Health and Children the number of primary school children awaiting speech therapy in the west Waterford area; and the average waiting period for therapy to commence. [14831/99]
Minister for Health and Children (Mr. Cowen): There are currently 124 primary school children awaiting speech and language therapy services in the west Waterford area and the average waiting period for therapy to commence is 37 months.
224. Mr. O'Shea asked the Minister for Health and Children the assessment, if any, his Department has made on the continuing and growing need for dialysis services at Waterford Regional Hospital to cater for kidney dialysis patients within the region; and if he will make a statement on the matter. [14845/99]
Minister for Health and Children (Mr. Cowen): The provision of renal dialysis at Waterford Regional Hospital is a matter for the South Eastern Health Board in the first instance. A new dialysis unit was opened there in March 1997, catering for 32 patients per week as part of the major capital development at the hospital. In 1998 I approved additional funding of £200,000 to enable the hospital to provide a service to further patients that required dialysis as demand for the service grew. As a result, a total of 42 patients are now attending the unit each week.
I am aware that further demand for access to this service exists and my Department will continue to work with the South Eastern Health Board in identifying and addressing the board's overall service development needs. In this regard, expansion of dialysis services will continue to be considered in the context of the board's competing priorities.
225. Mr. Yates asked the Minister for Health and Children the reason the processing of an application under the nursing home subvention scheme with the South Eastern Health Board for a person (details supplied) in County Wexford is experiencing such a delay; if an early decision will given in this case in view of the financial circumstances of the applicant; and if the medical assessment has been completed and the financial assessment carried out. [14846/99]
Minister of State at the Department of Health and Children (Dr. Moffatt): I am pleased to inform the Deputy that nursing home subvention [367] for the person in question has been approved by the South Eastern Health Board at the maximum rate of dependency of £120 per week from 14 April 1999. The South Eastern Health Board has apologised to the individual for the delay in carrying out the assessment, which was due to confusion in the application for subvention, which had originally been withdrawn.
226. Mr. S. Ryan asked the Minister for Health and Children the situation regarding the application by a person (details supplied) in County Dublin for an inter-country adoption assessment by the Eastern Health Board. [14858/99]
260. Mr. O'Shea asked the Minister for Health and Children the proposals, if any, he has to provide extra staff to deal with the crisis in the South Eastern Health Board in the matter of home study reports for couples who wish to avail of foreign adoptions; and if he will make a statement on the matter. [15074/99]
Minister of State at the Department of Health and Children (Mr. Fahey): I propose to take Questions Nos. 226 and 260 together.
The position regarding individual applications for inter-country assessment is a matter for the relevant health board and I have forwarded Deputy Ryan's question to the Eastern Health Board for direct reply in this instance.
With regard to Deputy O'Shea's question, the position, in the South Eastern Health Board, as outlined by me to the House on 1 June 1999 remains unchanged and will be addressed in the context of the implementation of the recommendations of the consultancy report on assessment procedures in inter-country adoption. The report was submitted to Government today for a decision on publication and funding. It contains many recommendations which will have the effect of streamlining and standardising the assessment process thus achieving greater efficiencies and a much higher output of assessments.
227. Mr. McGrath asked the Minister for Health and Children the number of nurses employed at Mullingar, Tullamore and Portlaoise general hospitals at 1 April 1999, or nearest suitable date, for each of the past ten years. [14894/99]
Minister for Health and Children (Mr. Cowen): The principal source of data on nursing employment levels is my Department's annual personnel census. The number of nurses employed, on a whole-time equivalent basis at 31 December in the years 1989 to 1998, in each of the three general hospitals concerned is as follows:
228. Mr. McGrath asked the Minister for Health and Children the conditions governing the payment of a subvention for a patient in a private nursing home; if these conditions are applied uniformly across the eight health board areas; the way in which the income of the patient's children can effect the level of subvention; and if he will give an example on the way in which these calculations are made. [14895/99]
Minister of State at the Department of Health and Children (Dr. Moffatt): The payment of subvention is governed by the Health (Nursing Homes) Act, 1990, and regulations made under the Act. A person applying for a subvention is assessed on his or her level of dependency and means to determine whether he or she qualifies for a subvention. The dependency of the person is assessed to establish whether the person applying for subvention needs nursing home care and, if so, what level of care is required. There are three maximum levels of subvention payable, £70, £95 and £120, in accordance with three levels of dependency, medium, high, maximum, which are eligible for subvention.
For a person within these levels of dependency, a means test is applied to establish if the person qualifies for a subvention payment. The assessment of means takes into account the income of the person and the value of his or her assets in determining how much the person can contribute towards the cost of nursing care. Based on the assessment of the person's dependency and means, a health board determines whether the person qualifies for a subvention payment. The criteria used by all health boards in establishing whether or not an applicant is eligible for receipt of subvention is set out in regulations made under the Health (Nursing Homes) Act, 1990, and all boards operate the scheme in accordance with these regulations.
The Nursing Homes (Subvention) Regulations, 1998, removed the provision which allowed health boards to assess the capacity of adult sons and/or daughters over 21 years of age to contribute towards the cost of nursing homes care of their parent. This change is effective from 1 January 1999. The health boards have been instructed to review the provision of all those in receipt of a reduced rate of subvention by virtue of the capacity of a son and/or daughter towards the cost of nursing home care.
229. Mr. G. Mitchell asked the Minister for Health and Children if he will examine the case of a person (details supplied) in Dublin 12 whose husband suffers from Alzheimer's and Parkinson's diseases, has a medical card and has been told that she needs a test which would cost £80; if the test will be done free of charge; and if he will make a statement on the matter. [14896/99]
Minister for Health and Children (Mr. Cowen): The determination of eligibility for health services to individuals is the responsibility of the chief executive officer of the appropriate health board. I, as Minister for Health and Children, do not have a function in the matter. However, as the determination of eligibility of the person concerned rests with the chief executive officer of the Eastern Health Board. I have asked him to have the matter investigated and to reply directly to you.
231. Mr. McGuinness asked the Minister for Health and Children the reason for the 18 month delay in providing a hip and knee operation for a person (details supplied) in County Kilkenny who is a public patient and holder of a medical card; if the case will be expedited; and if he will make a statement on the matter. [14898/99]
Minister for Health and Children (Mr. Cowen): The provision of medical treatment to eligible persons in County Kilkenny in this instance is the statutory responsibility of the South Eastern Health Board. I have asked the chief executive officer of the board to investigate the position in relation to this case and to reply to the Deputy directly.
232. Mr. Naughten asked the Minister for Health and Children the reason a person (details supplied) in County Galway is unable to take up a vacancy for autistic people at Clybaun Heights, Galway; and if he will make a statement on the matter. [14914/99]
[370]Minister for Health and Children (Mr. Cowen): The provision of health services in County Galway is a matter, in the first instance, for the Western Health Board. As it would not be appropriate to provide the information sought by the Deputy in relation to the individual concerned by way of a parliamentary question, I have asked the chief executive officer of the Western Health Board to examine this matter and to respond directly to the Deputy.
233. Mr. Naughten asked the Minister for Health and Children if funding will be approved for office space for community support staff at Lanesboro Street, Roscommon, following the deputation with the Brothers of Charity; and if he will make a statement on the matter. [14915/99]
Minister for Health and Children (Mr. Cowen): I recently met representatives of the Brothers of Charity services and the County Roscommon Association for the Mentally Handicapped together with local representatives, including Deputy Naughten. The position regarding the requirements of the Roscommon services for persons with an intellectual disability, including autism, were outlined to me at that meeting and in particular the requirement for office space for community support staff.
As the Deputy will be aware, responsibility for the provision of services for persons with an intellectual disability is the responsibility of the Western Health Board in the first instance. Recently I was pleased to approve a capital allocation of £900,000 to the Western Health Board from the £30 million national capital programme, to support the development of new facilities for persons with an intellectual disability. Decisions regarding the individual capital projects to benefit from this funding are agreed by the board in consultation with the regional co-ordinating committee, taking into account the priorities which they have identified for the region. I have requested officials from my Department to meet the Western Health Board to discuss the capital requirements of the Roscommon services and to report back to me on the outcome of their deliberations.
234. Mr. Haughey asked the Minister for Health and Children the efforts, if any, he is making to speed up out-patient appointments with consultants in public hospitals having regard to the case of a person (details supplied) in Dublin 17; and if he will make a statement on the matter. [14919/99]
Minister for Health and Children (Mr. Cowen): With regard to this patient, I have asked the chief executive officers of the Mater Misericordiae Hospital and Beaumont Hospital to investigate the position in this case and, given the particular [371] circumstances, I have requested that they reply to the Deputy directly, as a matter of urgency.
235. Mr. Haughey asked the Minister for Health and Children if he has satisfied himself that there is enough medical equipment and space in the kidney dialysis unit of Beaumont Hospital; and if he will make a statement on the matter. [14920/99]
Minister for Health and Children (Mr. Cowen): Beaumont Hospital is the national renal transplantation centre. It also provides renal dialysis services for chronic dialysis patients within its catchment area and it also receives acute referrals from around the country. I have been advised that the service is operated on 24 hour basis from 16 stations within the hospitals and 155 haemodialysis patients and 63 peritoneal dialysis patients are treated on an annual basis.
Over the past year or so, the Mater Hospital has also developed a renal dialysis service for patients in the north Dublin area. My Department is very anxious that the two hospitals would work in close collaboration in the delivery of this service. Following discussions with the two hospitals during 1998, the North Dublin nephrology network was established. Its aim is to provide a framework for co-operation between the two hospitals in the planning and delivery of the service to ensure a co-ordinated approach to service provision.
This year, in recognition of significant growth in demand for renal dialysis services, I was pleased to be in a position to approve funds of the order of £1 million as part of Beaumont and the Mater Hospitals' letters of determination to meet existing service demands for patients in north Dublin.
Officials in my Department are in discussion with Beaumont Hospital authorities regarding the future development of their service. In tandem with these discussions, my Department is currently reviewing dialysis service requirements at national level having regard to demographic and epidemiological trends. My Department's overall objective is to ensure that there is improved access for all renal dialysis patients.
236. Mr. Haughey asked the Minister for Health and Children the efforts, if any, he is making to speed up hospital appointments having regard to a person (details supplied) in Dublin 5 who is waiting two and a half years for an angiogram in Beaumont Hospital; and if he will make a statement on the matter. [14921/99]
Minister for Health and Children (Mr. Cowen): As the determination of in-patient appointments is a matter for the hospital authorities in the first instance, based on a clinical assessment of need, [372] I have asked the chief executive officer of Beaumont Hospital to investigate the position regarding this patient. Given the particular circumstances of this case, I have requested that he reply to the Deputy directly, as a matter of urgency.
With regard to the specific issue of the provision of cardiology services at Beaumont Hospital, I would like to point out that in 1998 following submissions made to my Department by the hospital, I was pleased to be able to approve a capital grant of £750,000 in respect of the development of an interventional cardiology suite. Also, in 1997 and 1998, additional funding was made available to Beaumont Hospital under the cardiac waiting list initiative for the provision of additional cardiology procedures.
I would expect that the hospital would be in a position to provide a considerably enhanced cardiology service when this new facility is operational and that it should have a positive effect on waiting times for cardiology patients.
237. Mr. J. O'Keeffe asked the Minister for Health and Children the amount of money payable nationally for the home help system; his views on whether adequate funding is available for this very essential service; the rate per hour formerly payable and the new rate payable; and the additional funding that has been provided to cover the increase in hourly payments. [14948/99]
Minister of State at the Department of Health and Children (Dr. Moffatt): Expenditure by the health boards on the home help service in the current year is estimated at £25 million. This includes an additional sum of £1.5 million which I made available in 1999 to extend the coverage of the service, providing more hours, as well as improving training courses for home helps and an additional £3 million made available to health boards to bring the minimum rate of payment for all home helps up to £3 per hour from 1 April 1999.
I accept the need for further investment in the home help service, to increase the coverage of the service and to bring the hourly rate up to the level of the proposed national minimum wage. I will be pursuing this in the context of the estimates for 2000.
238. Mr. J. O'Keeffe asked the Minister for Health and Children if he has satisfied himself that adequate facilities are available for the elderly who can no longer be cared for at home; and the number of hospital and other beds that are available for the elderly who find themselves in this situation. [14949/99]
Minister for Health and Children (Mr. Cowen): Economic and social progress and improved health services have combined to reduce premature mortality. The Government recognises the [373] challenge to the health services of a rapid increase in the population of older people. The care of older people is clearly going to be one of the key issues to be addressed by the health services in the next decade. The challenge is to reorganise existing services and develop new services, to ensure that older people get the most effective care available.
At present, about 11 per cent of the population are aged 65 years and over. The latest projections prepared for the National Council on Ageing and Older People indicate that the older population will grow by almost 108,000 persons in the period 1996-2011 and will represent 14.1 per cent of the general population in the year 2011. These projections also indicate that the proportion of the older population aged over 80 years or more will increase from 21.9 per cent to 24.9 per cent over the same period, in the region of an additional 40,000 persons over 80 years. This will have major policy implications, as those aged over 80 have by far the greatest health and social care needs.
It is a priority of this Government to provide a high quality of hospital and residential care for older people when they can no longer be maintained in dignity and independence at home. There are approximately 11,000 long stay beds and approximately 12,000 private nursing home beds in the country. I have taken a number of measures to increase the number of long stay places for older people. I doubled the capital allocation to services for older people, from £7 million in 1997 to £14 million in 1998. New community nursing units are under construction at locations such as Achill and Killybegs. The 1999 budget allocation for older people included a sum of £1.45 million which will enable a new 50-bed community nursing unit at St Clare's, Ballymun, to be opened this year, together with a new 27-bed unit in Clonmel. Under the current capital programme, new nursing units are being constructed or planned for a number of areas and will provide additional beds over the next few years.
In addition, the Health (Nursing Homes) Act permits health boards to contract beds in private nursing homes, and to pay more than the maximum rates of subvention in such cases. This is to facilitate health boards, which do not have sufficient accommodation in their hospitals and homes to meet the needs of those requiring nursing care. Additional funding has been allocated to health boards to meet, inter alia, increased demand for nursing home subventions and the additional costs arising from increased dependency levels.
The Deputy will be aware that my colleague, the Minister for Finance introduced a scheme of capital allowances for nursing homes in the Finance Act, 1998. The purpose of this is designed to encourage investment in the private nursing home sector, in view of the potential change in demographics indicating that nursing home services will be more and more in demand in the years ahead.
[374]239. Mr. Farrelly asked the Minister for Health and Children if an application has been made by an organisation (details supplied) in County Meath for the long-term future of its trainees; if a request for funding towards their further employment will be approved in order to alleviate the problem of job losses facing this centre; and if he will make a statement on the matter. [14957/99]
Minister for Health and Children (Mr. Cowen): There is no record in my Department of an application of the kind referred to by the Deputy. If the Deputy wishes to raise a specific issue with me, I will arrange to have it examined by my Department.
240. Mr. McGrath asked the Minister for Health and Children the progress, if any, made in the formation of a project team to advance phase 2B of Mullingar General Hospital; the brief given to this team; the timescale for this team to report; and when work will commence on the fitting out and provision of an additional operating theatre and beds at this hospital. [14978/99]
Minister for Health and Children (Mr. Cowen): I am pleased to inform the Deputy that I have approved the appointment of a project team for the development of phase 2B of Longford-Westmeath General Hospital, Mullingar. The process of making appointments to the project team is under way.
241. Mr. McGuinness asked the Minister for Health and Children the plans, if any, he has to review the medical card system to allow a medical card to be issued for life to disabled persons in their own right; and if he will make a statement on the matter. [14989/99]
248. Mr. Stanton asked the Minister for Health and Children the reason persons suffering from mental illness, particularly long-term mental illness, have to make a fresh application for medical card entitlement each year; if he will grant certain categories of these people an entitlement to a medical card for life; if he will extend the time requirement to others to at least five years; and if he will make a statement on the matter. [15020/99]
Minister for Health and Children (Mr. Cowen): I propose to take Questions Nos. 241 and 248 together.
Entitlement to health services in Ireland is primarily based on means. Under the Health Act 1970, determination of eligibility for medical cards is the responsibility of the chief executive officer of the appropriate health board. Medical [375] cards are issued to persons who, in the opinion of the chief executive officer, are unable to provide general practitioner medical and surgical services for themselves and their dependants without undue hardship.
Income guidelines have been drawn up by the chief executive officers to assist in the determination of a person's eligibility and these are revised annually in line with the consumer price index. However these guidelines are not statutorily binding and even though a person's income exceeds the guidelines, a medical card may still be awarded if the chief executive officer considers that his-her medical needs or other circumstances would justify this. Medical cards may also be awarded to individual family members on this basis.
In view of this special provision I do not feel it justifiable, nor did previous Governments, on health policy grounds, to extend an automatic entitlement to a medical card to any specific group without any reference to their means, as a general rule.
Non-medical card holders are entitled to a broad range of health services including an entitlement to public hospital and public consultant treatment subject only to modest statutory charges and out-patient services free of charges. I should also mention that for those who do not qualify for a medical card there are a number of schemes which provide assistance towards the cost of medication. Under the long-term illness scheme operated by health boards, persons suffering from a number of conditions, including mental handicap, mental illness, for persons under 16 only, phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, parkinsonism and acute leukaemia can obtain without charge, the prescribed drugs and medicines for the treatment of that condition.
Persons who suffer from an on-going medical condition can avail of the drug cost subsidisation scheme. Any person who qualifies for inclusion in this scheme will not have to spend more than £32 in any month on prescribed medication. Under the drugs refund scheme, which covers expenditure by the whole family, any expenditure on prescribed medication above £90 in a calendar quarter is refunded by the health board.
With effect from July 1999 the drug payments scheme is being introduced which will replace the drug refund scheme and the drug cost subsidisation scheme. Under the drug payment scheme, a person or his or her dependants will not have to pay more than £42 in any calendar month for approved prescribed drugs, medicines and appliances for use by that person or his or her dependants in that month. In addition, children receiving treatment for mental handicap, mental illness, phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, haemophilia or cerebral [376] palsy are exempt from public hospital statutory charges.
Assessment procedures are also a matter for the chief executive officer of the health boards. Medical cards are usually granted to persons for a period of 12 months only as a person's entitlement may change, for example, due to taking up employment. A medical card holder must also inform his-her local health board office if his-her circumstances have changed while his-her card is still valid.
It is of course open to all persons to apply to the chief executive officer of the appropriate health board for health services if they are unable to provide these services for themselves or their dependants without hardship.
242. Mr. McGuinness asked the Minister for Health and Children the assistance, if any, which will be extended by way of a travel pass to persons (details supplied) in County Kilkenny who suffer from epilepsy and have to travel to Dublin from Kilkenny for treatment; and if his Department or the South-Eastern Health Board will inform the family of the support they will receive. [14990/99]
Minister for Health and Children (Mr. Cowen): The provision of services to eligible persons in County Kilkenny in this instance is the statutory responsibility of the South-Eastern Health Board. I have asked the chief executive officer of the board to investigate the position in relation to this case and to reply to the Deputy directly.
243. Mr. Callely asked the Minister for Health and Children the number of babies born to non-nationals to date in 1999; the comparison figures for each of the years from 1995 to 1998; the number of babies born where either parent is not an Irish citizen; and if he will make a statement on the matter. [14991/99]
Minister for Health and Children (Mr. Cowen): Statistics on the number of babies born to non-nationals in this country are not routinely collected on that basis by the hospitals concerned. However, I am aware that at one maternity hospital the number of births in this category accounted for approximately 4 per cent of overall births in 1998.
I have made provision in this year's financial allocation to the maternity hospitals to enable them to deal with the increase in activity associated with the overall rise in the birth rate. I will also be including the matter of demographic pressures in forthcoming discussions on the financial Estimates for the health services.
[377]244. Mr. Gormley asked the Minister for Health and Children if his attention has been drawn to the extreme difficulty caused by the new drug payment scheme; if people are now confined to one chemist where previously they could choose from chemists for their scheme; and if he will make a statement on the matter. [15012/99]
Minister for Health and Children (Mr. Cowen): The position is that, with effect from 1 July 1999 the existing drugs cost subsidisation and drug refund schemes will be merged into one new drug payment scheme, with a threshold of £42 per month per family unit. Where expenditure by a family or an individual exceeds £42 per month on approved medicines, the balance will be met by the State.
The primary aim of the new drug payment scheme is to bring about important improvements in the existing schemes. The new scheme will effectively merge the best elements of the two existing schemes and is designed to significantly improve the cash flow situation for families and individuals incurring ongoing expenditure on medicines.
The new drug payment scheme is for everyone. To qualify under the old drugs cost subsidisation scheme, patients had to be certified by their doctor as suffering from a condition requiring ongoing expenditure on medicines in excess of £32 per month. There are no qualifying criteria for the new scheme.
Under the drug refund scheme, families and individuals pay the full cost of their prescription medicines and may, at the end of the quarter, claim reimbursement from their health board of expenditure over £90 in that calendar quarter. Many families and individuals have very heavy expenditure on drugs and medicines in a quarter and have to wait a further six weeks from the end of the quarter before they receive a refund. This can cause considerable cash flow problems for a significant number of families and individuals. From the introduction of the new scheme, no individual or family will have to pay more than £42 per month for prescribed medicines. It means that families and individuals will, for the first time, be able to budget for the cost of medicines. Families and individuals will know that, whatever the size of their drugs bill, they will not have to pay more than £42 per month.
The IT system for the scheme will provide a swipe card which will enable individuals or members of the same family to use different pharmacies within a month. Pending the full introduction of the IT system for the new scheme in pharmacies, it is recommended that users of the scheme purchase all their prescribed medication in the same community pharmacy each calendar month. If they so wish, a different community pharmacy can be used the following month. In the initial stages, in the event that an individual or family member has occasion to use another community pharmacy in the same month, and the [378] total expenditure exceeds £42 he-she should retain their receipts for submission to the relevant health board which will reimburse the balance of the expenditure.
I might add that persons currently availing of the drugs cost subsidisation scheme must use the same pharmacy in any month.
245. Mr. G. Mitchell asked the Minister for Health and Children the additional assistance, if any, which will be given to a person (details supplied) in Dublin 11 who cares for her husband who has Alzheimer's disease; and if he will make a statement on the matter. [15013/99]
Minister for Health and Children (Mr. Cowen): The provision of support services to persons such as those referred to by the Deputy, is a matter for the local health board, in this case the Eastern Health Board. I have asked the chief executive officer of the Eastern Health Board to examine this case and to respond directly to the Deputy as a matter of urgency.
246. Mr. Stanton asked the Minister for Health and Children the action, if any, he will take to regulate the supply and sale of unlicensed medicines following the intervention of the Irish Medicines Board recently; the further actions, if any, he will take to educate and alert the consumer on bogus claims and for possible health risks; and if he will make a statement on the matter. [15018/99]
Minister for Health and Children (Mr. Cowen): The sale or supply of medicinal products is governed by the Medicinal Products (Licensing and Sale) Regulations 1998. These regulations require that all medicinal products placed on the market must be the subject of a product authorisation granted by the Irish Medicines Board, which is the competent authority for the licensing of medicinal products in Ireland. Before the board will grant an authorisation, it must first be satisfied as to the safety, quality and efficacy of the product concerned. In the case of unlicensed products, neither the safety, quality nor efficacy of such products would have been established.
Under the regulations, powers of enforcement have been given to the board. As the licensing authority, it is appropriate that the board should take primary responsibility for the enforcement of the regulations. In this respect, my Department recently commenced discussions with the board with a view to the establishment of an active enforcement unit within the board.
In relation to alerting consumers about possible health risks, I would stress the importance of patients and consumers taking the greatest of care in the use of any medicines. Indeed medicines, as such, should normally only be used on the advice of one's doctor or pharmacist as may [379] be appropriate. In addition, it is important that patients should read carefully the labelling and patient information leaflets supplied with their medicines and follow carefully the instructions for their use.
247. Mr. Stanton asked the Minister for Health and Children if nurses are being withdrawn from ambulance duty in all health board areas; the extent and rationale in this regard; if he has satisfied himself that there will be no drop in the level of medical expertise and experience available to patients as a result; the nature and extent of training received by ambulance crews and by nurses on ambulance duty; and if he will make a statement on the matter. [15019/99]
Minister for Health and Children (Mr. Cowen): Government policy in relation to the development of the ambulance service is as set out in the report of the review group on the ambulance service. With regard to the role of nurses in the ambulance service the report states that, in situations where the current staffing arrangements for ambulances involves nurses being withdrawn from wards, this arrangement should be phased out as soon as possible. The report also states that each emergency ambulance should be staffed by two trained ambulance personnel with at least one having successfully completed the advanced training programme.
The provision of ambulance services, the system of work for ambulance nurses in that service, including the on-call arrangements and the training of ambulance personnel are the statutory responsibility of the health boards in the first instance. The recommendations of the review group on the ambulance service are being implemented by all health boards but it is a matter for each individual board to identify the priority areas it wished to develop in relation to the implementation of the report's recommendations.
This year I provided over £7 million in additional funding to the health boards for the development of ambulance services. Since the publication of the report of the review group in 1993 this brings to approximately £23 million the total funding made available to the health boards for this purpose.
249. Mr. R. Bruton asked the Minister for Health and Children if his attention has been drawn to the long waiting time for a kidney scope, which is itself only a diagnostic tool; and the plans, if any, he has to deal with this problem. [15049/99]
Minister for Health and Children (Mr. Cowen): My Department does not collect data on waiting lists or waiting times for kidney scopes. If the [380] Deputy wishes to supply further details regarding this issue, I will have it examined.
250. Mr. R. Bruton asked the Minister for Health and Children the estimated prevalence of eating disorders; and if he will give a breakdown between male and female patients. [15050/99]
252. Mr. R. Bruton asked the Minister for Health and Children the number of dedicated beds available to persons suffering from eating disorders; the way in which this compares with international ratios for the provision of these services; and if he will make a statement on the matter. [15052/99]
Minister for Health and Children (Mr. Cowen): I propose to take Questions Nos. 250 and 252 together.
There is no universally accepted estimate of the prevalence of eating disorders. Eating disorders can be extremely serious for those affected and their families. Although these conditions are not specific to either gender, they particularly affect women. The symptoms can range from mild to severe.
Persons presenting with eating disorders are generally treated through the psychiatric services of their local health board. Outpatient services are provided from a network of hospitals, health centres, day hospitals and day centres. Where inpatient treatment is deemed necessary, it is provided in the local acute psychiatric unit or hospital, beds being allocated on the basis of patient need at any particular time. A tertiary referral service for eating disorders is available in St. Vincent's Hospital, Elm Park, Dublin, where three inpatient beds are designated for this purpose. A similar service is available privately at St. Patrick's Hospital, James's Street, Dublin, and at St. John of God Hospital, Stillorgan, County Dublin.
No data are available to compare against international ratios for the provision of services for people suffering from eating disorders. However, there is no evidence to suggest that the provision of these services compares unfavourably with those available in other countries.
251. Mr. R. Bruton asked the Minister for Health and Children if his attention has been drawn to the fact that a number of treatments available for patients with eating disorders are not covered by the medical card such as at a clinic (details supplied) and that the availability of psychiatric services to deal with this condition under the general medical service severely restricts the effectiveness of available treatment; and if he will make a statement on the matter. [15051/99]
Minister for Health and Children (Mr. Cowen): Under arrangements for public hospital services introduced in June 1991, on foot of the Health [381] (Amendment) Act, 1991, everyone, regardless of income, is entitled to public hospital and public consultant services subject only to modest statutory charges from which medical card holders are exempt.
Medical card holders are entitled to the full range of public health services free of charge. This entitlement includes wide-ranging treatment and curative general practitioner services, prescribed drugs and medicines, all inpatient public hospital services in public wards, all outpatient public hospital services and dental, ophthalmic and aural services and appliances.
Persons presenting with eating disorders may avail of a range of public health services delivered by health boards. Where inpatient treatment is deemed necessary, patients may avail of care facilities in an acute psychiatric unit or hospital, beds being allocated on the basis of need at any particular time. Outpatient services are provided from a network of hospitals, health centres, day hospitals and day centres.
All persons, including medical card holders, who opt for private treatment are liable for expenses incurred in respect of care and treatment.
253. Mr. R. Bruton asked the Minister for Health and Children the number of ambulances dedicated to transporting non-ambulance patients to and from hospital services; and his views on whether this number is sufficient for the need in this respect. [15053/99]
Minister for Health and Children (Mr. Cowen): The provision of ambulance services is the statutory responsibility of health boards, the deployment of resources to emergency or non-emergency duties is, therefore, a matter for the health boards in accordance with local needs and circumstances. I have, therefore, asked the chief executive officer of each of the boards to look into this matter and reply directly to the Deputy as a matter of urgency.
254. Mr. P. Carey asked the Minister for Health and Children if his attention has been drawn to a situation (details supplied) where people not residing in the catchment area of certain hospitals are being turned away; and if he will make a statement on the matter. [15054/99]
Minister for Health and Children (Mr. Cowen): Each of the major Dublin acute hospitals provides a local service to its immediate hinterland. However, referral is a matter for the general practitioner in the first instance, exercising his-her clinical judgment on the hospital of choice.
The issues raised by the Deputy in the case referred to are a matter in the first instance for the hospital authorities at St. James's Hospital. The Deputy should, therefore, forward the chief [382] executive officer of that hospital full details of this case, including the name of the general practitioner concerned and the exact nature of the procedure required. The chief executive officer will then be in a position to investigate this case and reply directly to the Deputy.
255. Mr. Dennehy asked the Minister for Health and Children the position in relation to plans for the development of cardiology services at Cork University Hospital; and if he will make a statement on the matter. [15055/99]
Minister for Health and Children (Mr. Cowen): The provision of cardiology services at Cork University Hospital is a matter for the Southern Health Board in the first instance. My Department has been working in close collaboration with the Southern Health Board for the past two years on developing a major capital project in Cork University Hospital which will see a major expansion to the existing cardiac service at the hospital. Earlier this year I appointed a project team to oversee this development. The project team is in the process of developing the outline brief and, when I receive this brief, I will then be in a position to approve the next stage of this development.
In the past four years a second cardiac surgeon was appointed at Cork University and this year I approved the appointment of a further cardiologist at the South Infirmary/Victoria Hospital. In addition, I approved a grant of £400,000 for additional equipment at Cork University Hospital. I am committed to the continuation of developments of cardiology services in the Southern Health Board in the context of the overall cardiovascular strategy.
256. Mr. Dennehy asked the Minister for Health and Children if his attention has been drawn to the possible access problems for emergency services at Cork University Hospital as highlighted in the hospital's recent traffic management report; if he will request the Department of the Environment and Local Government to make sufficient resources available to carry out any necessary adjustments near the hospital's main entrance currently shared with a major local shopping centre in order to alleviate the problem; and if he will make a statement on the matter. [15056/99]
Minister for Health and Children (Mr. Cowen): The physical infrastructure, including the access at Cork University Hospital is a matter for the Southern Health Board. I understand this matter is under consideration by the Southern Health Board in consultation with the local authority. Should the Southern Health Board make any proposals to my Department arising from these discussions, I will consider these as appropriate.
[383]257. Mrs. T. Ahearn asked the Minister for Health and Children the proposals, if any, he has to help those who suffer from post polio syndrome; the plans, if any, he has to classify this in the long-term illness scheme; and if he will make a statement on the matter. [15071/99]
Minister for Health and Children (Mr. Cowen): In common with other voluntary sector groups providing services for people with physical and sensory disabilities, requisite action arising in the context of the post polio support group is based on the recommendations of the report of the review group on health and personal social services for people with physical and sensory disabilities. As recommended in the report, co-ordinating committees have been established in each of the health boards.
Health boards, in consultation with their local co-ordinating committee, decide priorities for allocating the additional moneys made available by the Government for the development of services for people with physical and sensory disabilities. This year additional funding totalling £3 million – £6 million full year cost in the year 2000 – has been provided for the development of services for people with physical and sensory disabilities.
There are 15 specified illnesses covered under the long-term illness scheme and the scheme has not been extended since 1975 having regard to the fact that the needs of individuals with significant or ongoing medical expenses are met by a range of other schemes which provide assistance towards the cost of prescribed drugs and medicines.
At present, persons suffering from an ongoing medical condition can avail of the drug cost subsidisation scheme, which caters for people who do not have a medical card or a long-term illness book and are certified as having a medical condition with a regular and ongoing requirement for prescribed drugs and medicines. Persons who qualify for inclusion in this scheme do not have to pay more than £32 in any month on prescribed medication.
Under the drug refund scheme, families and individuals pay the full cost of their prescription medicines and may, at the end of the quarter, claim reimbursement from their health board of expenditure over £90 in that calendar quarter.
The new drug payment scheme will replace the drug cost subsidisation scheme and the drug refund scheme with effect from 1 July 1999, with a monthly threshold of £42. The new scheme will effectively merge the best elements of the two existing schemes and is designed to significantly improve the cash flow situations for families and individuals incurring ongoing expenditure on medicines.
The fact that the drug payment scheme will operate on a monthly basis has distinct advantages over the current drug refund scheme. Under the drug refund scheme, a family or an individual [384] may, for example, in one month have expenditure of say £80 but no expenditure in the other two months. They would not have been entitled to a refund. Under the new scheme, they will only have to pay £42 in that month.
There are no qualifying criteria for inclusion in the drug payment scheme. This is in contrast to the drug cost subsidisation scheme where patients must be certified by their doctors as suffering from a condition requiring ongoing expenditure on medicines in excess of £32 per month.
I am satisfied that the new scheme will be easier to use than the drug refund scheme and will be more inclusive than the drug cost subsidisation scheme, bringing overall benefits to greater number of people.
258. Mrs. T. Ahearn asked the Minister for Health and Children the reason a person (details supplied) in County Tipperary suffering from epilepsy and needing a stabiliser is not receiving the necessary medical device; and if he will make a statement on the matter. [15072/99]
Minister for Health and Children (Mr. Cowen): The provision of medical treatment to eligible persons in this instance is the responsibility of Beaumont Hospital. I have asked the chief executive officer of the hospital to investigate the position regarding this case and to reply to the Deputy directly.
259. Mr. O'Shea asked the Minister for Health and Children if a person (details supplied) in County Waterford admitted to St. Vincent's Hospital, Dublin, as a public patient was liable for a payment for professional attendances; and if he will make a statement on the matter. [15073/99]
Minister for Health and Children (Mr. Cowen): The provision of services in this instance is the responsibility of St. Vincent's Hospital. I have asked the chief executive officer of the hospital to investigate the position in relation to this case and to reply to the Deputy directly.
261. Mr. Perry asked the Minister for Health and Children if a person (details supplied) in County Sligo will be called for an immediate appointment in view of the fact that she is unable to work and is in pain; and if he will make a statement on the matter. [15168/99]
Minister for Health and Children (Mr. Cowen): The provision of medical treatment to eligible persons in County Sligo is the statutory responsibility of the North-Western Health Board in the first instance. I have asked the chief executive officer of the board to investigate this case and to [385] reply to the Deputy directly as a matter of urgency.
262. Mr. C. Lenihan asked the Minister for Health and Children if he will review the way in which the health board guidelines apply to crèche facilities and those engaged in the child care business in view of the belief that these are too stringent. [15169/99]
Minister for Health and Children (Mr. Cowen): The purpose of the Child Care (Pre-School Services) Regulations 1996, is to build on the existing good standards in our pre-school services and gradually improve standards throughout the sector to secure the health, safety and welfare of pre-school children and to promote the development of children attending pre-school services.
Under the regulations, pre-school providers are obliged to notify their local health board that they are carrying on or propose to carry on a pre-school service. On receipt of notification, the health board will provide relevant information to the applicant and arrange for an inspection to be carried out by an authorised person.
The notification and inspection process is kept under review by the health boards. The main deficiencies identified by the inspection process relate to having a second adult on the premises to ensure adequate supervision of pre-school children at all times and the availability of adequate space per child in the premises.
Where deficiencies are identified, the health board and the providers work in a co-operative manner to make specific improvements in a planned way provided that any delay would not adversely affect the welfare of children. The timescale for making improvements varies from a requirement for immediate action to a phased implementation which may extend to six months.
The Partnership 2000 expert working group on childcare, under the auspices of the Department of Justice, Equality and Law Reform, examined the provision of a co-ordinated national framework for the development of a childcare infrastructure, including the Child Care (Pre-School Services) Regulations 1996. The report of the group was launched on 3 February 1999. The Government has since established an interdepartmental committee on child care, chaired by the Department of Justice, Equality and Law Reform, to evaluate, cost and prioritise the proposals in the report and the child care proposals in An Action Programme for the Millennium, the report of the Commission on the Family and the report of the Forum on Early Childhood Education. This committee has been asked to report within a timeframe of six months.
[386]263. Mr. G. Mitchell asked the Minister for Health and Children if a motorised wheelchair and a pendant alarm will be provided for a person (details supplied) in Dublin 8 who is a total invalid and hopes to move into a house alone. [15170/99]
Minister for Health and Children (Mr. Cowen): The provision of aids an appliances in any individual case is a matter for the relevant health board. Accordingly, I have referred the details of the case provided by the Deputy to the chief executive officer of the Eastern Health Board and asked him to have the matter examined and reply directly to the Deputy.
264. Mr. G. Mitchell asked the Minister for Health and Children if a person (details supplied) in Dublin 8 who suffered brain damage as a result of a blackout and has been hospitalised since August 1998 will be transferred to the unit in Cherry Orchard in view of the fact he requires physiotherapy and other specialist treatment; and if he will make a statement on the matter. [15171/99]
Minister for Health and Children (Mr. Cowen): Cherry Orchard Hospital is administered by the Eastern Health Board, and I have, therefore, asked the chief executive officer of the board to look into the case in question and reply directly to the Deputy as a matter of urgency.
265. Mr. O'Shea asked the Minister for Health and Children the management and administrative structure in a number of hospitals (details supplied); the salaries which apply to each grade; the objective criteria and management model which were applied in arriving at the present structures; and if he will make a statement on the matter. [15172/99]
Minister for Health and Children (Mr. Cowen): Because of the variety and complexity of hospitals, it is not possible to devise rigid categories for their management structures. However, some years ago, in the context of strengthening management in the acute hospital sector, my Department approved a broad management structure for the major acute voluntary and joint board hospitals in the Dublin area and for University College Hospital, Cork, and University College Hospital/Merlin Park Regional Hospital, Galway. The structure is based on a broad framework common throughout the health services related to chief executive officer, programme manager and functional officer.
In the acute hospital sector the structure comprises, in general terms, three tiers: a top tier at general manager/chief executive officer level linked to standard health board chief executive officer – salary £62,397 per annum; a second tier at deputy general manager level, linked to programme manager non-EHB – salary range [387] £39,687 to £48,388 plus an allowance of £3,144; and a third tier at functional manager linked to functional officer non-EHB – current salary range £29,978 to £36,737.
Within this broad framework, the precise management structure for each hospital, whether voluntary or health board, is agreed between the health agency and my Department in the light of local conditions and the size and patient profile of the hospital. In the case of health board hospitals, the inter-relationship between the hospital structure and the health board's management structure is also taken into account.
266. Ms Hanafin asked the Minister for Health and Children the nature and extent of the dental service provided for national school children; and if he will make a statement on the matter. [15173/99]
Minister for Health and Children (Mr. Cowen): Health boards have adopted a planned targeted approach to the delivery of dental services to national school children and have phased out a demand led system. This is to ensure the optimum use of dental resources and equal access for all national school children to the same level of dental care.
The school based approach puts an important emphasis on dental health education and prevention. Dental health education programmes are now available to all national schools. Children in specific classes in national school, usually second, fourth and sixth class, are targeted for preventive measures under the school based approach. The children in these classes are screened and referred for treatment as necessary. The provision of fissure sealants for vulnerable teeth is an important element of the preventive programme. The programme has been specifically designed to ensure that children are dentally fit before they leave national school.
The small number of children who require more frequent attention will be identified and the required level of advice, check-ups, treatment, etc., provided as necessary.
An emergency service for acute conditions requiring immediate attention is available on demand.
Dental services have also been extended to children up to age 14 years who have left national school.
267. Ms Hanafin asked the Minister for Health and Children the arrangements for each health board region for providing free bread to coeliacs; if this bread is made available through the chemist; if so, if there is a charge; and if he will make a statement on the matter. [15174/99]
Minister for Health and Children (Mr. Cowen): The availability of non-drug items on the general medical services scheme – GMS – is a matter for the general medical services payments board. A range of gluten free bread, bread mixes and flour for coeliac patients is currently available, on prescription, to medical card holders free of charge through community pharmacies. With regard to patients who do not hold a medical card, these items are also available, on prescription, through community pharmacies and are reimbursable under the community drug schemes.
268. Mr. Perry asked the Minister for Health and Children if a person (details supplied) in County Galway will be called for orthodontic treatment; and if he will make a statement on the matter. [15175/99]
Minister for Health and Children (Mr. Cowen): As the provision of orthodontic treatment to eligible persons in County Galway is the statutory responsibility of the Western Health Board, I have asked the chief executive officer of the Western Health Board to investigate the position regarding this case and to reply to the Deputy directly as a matter of urgency.
269. Mr. S. Ryan asked the Minister for Health and Children if his attention has been drawn to the need for the provision of an additional ultra sound machine at Blanchardstown Hospital; and if he will make a statement on the matter. [15176/99]
Minister for Health and Children (Mr. Cowen): In 1999 £145,000 was allocated to James Connolly Memorial Hospital for the purchase of medical equipment and minor capital. It is the responsibility of hospital managers to identify and to prioritise equipment requirements for their agencies. I am informed by the hospital authorities at James Connolly Memorial Hospital that the hospital regularly reviews its equipment needs in consultation with its medical board, and purchases are made in accordance with the hospital's priorities having regard to available resources.
270. Mr. S. Ryan asked the Minister for Health and Children if he will report on the longterm illness scheme; the illnesses covered by the scheme; and the proposals, if any, he has to review the scheme in the near future in view of the fact the scheme has not been revised since 1970. [15177/99]
Minister for Health and Children (Mr. Cowen): The long-term illness scheme entitles persons to free drugs and medicines which are prescribed in [389] respect of a specific schedule of illnesses. The illnesses covered by this scheme are: mental handicap, mental illness (for persons under 16 years only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, parkinsonism and acute leukaemia.
The long-term illness scheme has not been extended since 1975, and there are no plans to change the scheme or to expand the number of illnesses covered by the scheme having regard to the fact that the needs of individuals with significant or ongoing medical expenses are being met by other schemes which provide assistance towards the cost of prescribed drugs and medicines.
At present, persons who suffer from an ongoing medical condition can avail of the drug cost subsidisation scheme which caters for people who do not have a medical card or a long-term illness book and are certified as having a medical condition with a regular and ongoing requirement for prescribed drugs and medicines. Persons who qualify for inclusion in this scheme do not have to spend more than £32 in any month on prescribed medication.
In addition, under the drugs refund scheme, which covers expenditure by the whole family, any expenditure on prescribed medication above £90 in a calendar quarter is refunded by the relevant health board.
With effect from 1 July 1999, the existing drug cost subsidisation and drug refund schemes will be merged into one new drug payment scheme with a threshold of £42 per month per family unit or individual. No family or individual will have to pay more than £42 in any month on prescribed medicines. Any expenditure on prescribed medication in excess of £42 will be met by the State. There are no qualifying criteria for this new drug payment scheme and the scheme is open to everyone.
Furthermore, where an individual or a family is subjected to a significant level of ongoing expenditure on medical expenses, such as general practitioner fees or prescribed drugs due to a long-term medical condition, these expenses may be reckoned in determining eligibility for a medical card. In determining eligibility, the local health board will have regard to the financial circumstances of the applicant. Eligibility for a medical card is solely a matter for the chief executive officer of the relevant health board to decide.
I am satisfied that appropriate and comprehensive support is being provided by the State through the existing range of schemes for people with long-term medical conditions.
[390]271. Mr. R. Bruton asked the Minister for Health and Children if he will make funds available to a residential centre (details supplied) in County Kildare in order to improve security following a recent incident. [15178/99]
Minister for Health and Children (Mr. Cowen): The residential centre referred to by the Deputy is run by the Eastern Health Board. I understand from the board that, following recent incidents in the centre in question, the management of the centre arranged for a visit from the Garda crime prevention unit. The crime prevention officer made a number of security recommendations, some of which have been implemented while others are under consideration. I understand a personal alarm system and security camera with video recording equipment have been installed and that the centre is protected by a six foot perimeter wall. Work is in progress on improving external sensor lighting and gardaí have increased their checks in the area.
Kildare County Council and the private developer who own the wasteland near the centre have been requested to secure the land to prevent further incidents. I have been assured by the Eastern Health Board that the situation is being carefully monitored and will be kept under review by the management of the centre in consultation with local gardaí.
273. Mr. G. Mitchell asked the Minister for Health and Children when a person (details supplied) in Dublin 8 will be given a hip replacement operation in view of the fact she has been told it cannot be done in 1999 due to bed shortages; and if he will make a statement on the matter. [15180/99]
Minister for Health and Children (Mr. Cowen): The provision of treatment in this case is the responsibility, in the first instance, of the Adelaide and Meath Hospital, Dublin, incorporating the National Children's Hospital. I have, therefore, asked the chief executive officer of the hospital to investigate this matter and reply directly to the Deputy.
274. Mr. G. Mitchell asked the Minister for Health and Children when a person (details supplied) in Dublin 10 will have an operation performed in Tallaght Hospital in view of the fact she has been called three times in the past six months; and if he will make a statement on the matter. [15181/99]
Minister for Health and Children (Mr. Cowen): The provision of treatment in this case is the responsibility, in the first instance, of the Adelaide and Meath Hospital, Dublin, incorporating the National Children's Hospital. I have, therefore, asked the chief executive officer of the hospital to investigate this matter and reply directly to the Deputy.
[391]275. Mr. Penrose asked the Minister for Health and Children if a person (details supplied) in County Westmeath who is currently a patient in Portiuncula Hospital, Ballinasloe, will be admitted immediately to St. Vincent's Hospital in Dublin to see a neurologist. [15182/99]
Minister for Health and Children (Mr. Cowen): The provision of medical treatment in this instance is the responsibility of the voluntary hospital concerned. I have asked the chief executive officer of the hospital to investigate this case and to reply to the Deputy directly as a matter of urgency.
276. Mr. Penrose asked the Minister for Health and Children if a person (details supplied) in County Westmeath will be immediately admitted to Tullamore General Hospital for a hip replacement operation in view of the fact she is suffering great pain; and if he will make a statement on the matter. [15183/99]
Minister for Health and Children (Mr. Cowen): The provision of medical treatment to eligible persons in County Westmeath is the statutory responsibility of the Midland Health Board in the first instance. I have asked the chief executive officer of the board to investigate this case and to reply to the Deputy directly as a matter of urgency.
277. Mr. R. Bruton asked the Minister for Health and Children the number of day and residential centres available for the care of Alzheimer's patients on Dublin's northside; and the plans, if any, he has to tackle the shortfall. [15184/99]
Minister of State at the Department of Health and Children (Dr. Moffatt): The provision of services for Alzheimer's patients in Dublin's northside is a matter in the first instance for the Eastern Health Board. I understand from the Eastern Health Board that there are two day centres on the north side which specially cater for those suffering from Alzheimer's – St. Gabriel's, Edenmore, and Sybil Hill, Raheny, both of which are funded or part-funded by the health board.
In community care areas 6 and 7, the department of psychiatry of old age offers a range of services for patients who develop a functional mental illness and Alzheimer's after age 65 while the general psychiatric service caters for patients under 65 with a functional illness and Alzheimer's. In excess of 100 beds are available to the psychiatry of old age services and there is also access to a limited number of contract private nursing home places. There is also access to psychiatric beds to patients under 65 with a mental illness and Alzheimer's through their catchment area service.
There is no dedicated old age psychiatry service in catchment area 8. The general psychiatric service based at St. Ita's Hospital offers a range [392] of acute and residential places to patients suffering from a mental illness and Alzheimer's. patients over 65 with Alzheimer's who exhibit no behavioural disturbance are also catered for in the Eastern Health Board's hospitals and homes for older people in the northside.
The health board is conscious of the need to develop services for older persons and, in this regard, adopted a ten year action plan for services for older persons, including those with Alzheimer's, in June 1998. Included in this action plan was a recommendation to establish two further dedicated departments of psychiatry of old age in north Dublin and county. In addition, the board has a target of providing a number of community units for older people in the northside of the city.
Later this year the board will produce a five year development plan for the mental health service which will include plans for the further development of services for patients under 65 with a mental illness and Alzheimer's. All service developments will be carried out in consultation with The Alzheimer's Society of Ireland.
278. Mr. Ring asked the Minister for Health and Children the number of people from County Mayo on the waiting list for orthopaedic operations for each of the years from 1997 to 1999. [15185/99]
279. Mr. Ring asked the Minister for Health and Children the number of people from County Mayo who had orthopaedic procedures carried out in Galway in each of the years from 1997 to date. [15186/99]
280. Mr. Ring asked the Minister for Health and Children the number of people from County Mayo who had orthopaedic procedures carried out in Dublin in each of the years from 1997 to date. [15187/99]
Minister for Health and Children (Mr. Cowen): I propose to take Questions Nos. 278 to 280, inclusive, together.
Information in the form requested by the Deputy is not routinely collected by my Department. I have asked the chief executive officer of the board to investigate the position in relation to this matter and to reply to the Deputy directly.
281. Ms Fitzgerald asked the Minister for Health and Children if there is a current policy of segregating elderly patients aged 60 and over once they are admitted to general hospitals; and if he will make a statement on the matter. [15309/99]
Minister for Health and Children (Mr. Cowen): There is no general policy of segregating elderly patients on admission to acute hospitals. Decisions on the appropriate accommodation for [393] individual patients would be taken at local level in accordance with bed availability and the clinical judgment of the treating clinician. In the larger hospitals there would normally be some dedicated beds or wards under the control of a consultant geriatrician to which elderly patients under the care of that consultant would be admitted.
282. Mr. G. Mitchell asked the Minister for Health and Children his views on the reply received from a Dublin hospital on behalf of a person (details supplied) in Dublin 12 that an urgent operation which he needs will be considered for a booking date in approximately six months' time; and if he will make a statement on the matter. [15310/99]
Minister for Health and Children (Mr. Cowen): As the Deputy may be aware the scheduling of admission to hospital is a matter for the consultant concerned and is determined solely on the basis of medical priority. Should the person referred to feel that his condition has deteriorated, he should return to his general practitioner who would be in the best position to emphasise the urgency of his case to the consultant directly.
283. Mrs. Owen asked the Minister for Health and Children if his attention has been drawn to the hardship created by the changes in the drugs refund scheme; and the plans, if any, he has to lower the limit which people have to spend, particularly for older people. [15312/99]
Minister for Health and Children (Mr. Cowen): The position is that, with effect from 1 July 1999, the existing drugs cost subsidisation and drug refund schemes will be merged into one new drug payment scheme with a threshold of £42 per month per family unit. Where expenditure by a family or an individual exceeds £42 per month on approved medicines, the balance will be met by the State.
The primary aim of the new drug payment scheme is to bring about important improvements in the existing schemes. The new scheme will effectively merge the best elements of the two existing schemes and is designed to significantly improve the cash flow situation for families and individuals incurring ongoing expenditure on medicines.
The new drug payment scheme is for everyone. To qualify under the old drugs cost subsidisation scheme, patients had to be certified by their doctor as suffering from a condition requiring ongoing expenditure on medicines in excess of £32 per month. There are no qualifying criteria for the new scheme.
Under the drug refund scheme, families and individuals pay the full cost of their prescription medicines and may, at the end of the quarter, [394] claim reimbursement from their health board of expenditure over £90 in that calendar quarter. Many families and individuals have very heavy expenditure on drugs and medicines in a quarter and have to wait a further six weeks from the end of the quarter before they receive a refund. This can cause considerable cash flow problems for a significant number of families and individuals. From the introduction of the new scheme no individual or family will have to pay more than £42 per month for prescribed medicines. It means that families and individuals will for the first time be able to budget for the cost of medicines. Families and individuals will know that, whatever the size of their drugs bill, they will not have to pay more than £42 per month.
With regard to the increase in the threshold from £32 to £42, the position is that there has been no increase in the threshold for the existing schemes since 1991. It must also be borne in mind that the new £42 threshold in respect of the drug payment scheme refers to family expenditure in contrast to the existing £32 threshold in the drug cost subsidisation scheme which relates to individual expenditure. The Government identified in its programme An Action Programme for the Millennium the need to review medical card eligibility for the elderly and large families. I am pleased to say the Government has decided that the income guidelines for entitlement to medical cards for persons aged 70 years or over should be doubled. This improvement, which is being introduced over a three year period, began on 1 March. The income guidelines for those aged 70 to 79 and 80 years and over, which are already higher than the normal guidelines, have increased by one-third, and there will be similar increases in 2000 and 2001.
284. Mr. Deasy asked the Minister for Health and Children if the maximum amount payable under the housing aid for the elderly scheme administered by the health boards is set by his Department; when the last increase in this grant was given; the proposals, if any, he has for a future increase to keep this in line with increasing building costs; and if he will make a statement on the matter. [15426/99]
Minister of State at the Department of Health and Children (Dr. Moffatt): The special housing aid for the elderly scheme is operated by the health boards and administered by a task force under the aegis of the Department of the Environment and Local Government which issues guidelines on the operation of the scheme.
To operate the scheme in the most flexible manner possible, there is no upper limit to the amount payable by way of grant. However, to spread the available funding to a reasonably wide range of applicants, some health boards may impose an upper limit, but this is a matter for the individual boards.
[395]285. Mr. McGuinness asked the Minister for Health and Children the financial assistance, if any, granted by his Department or the South Eastern Health Board to the O'Neill Centre, Kilkenny; if his Department is considering any proposals in relation to the centre; if the centre has lodged any applications for funding with his Department or the health board; and if he will make a statement on the overall development of the centre. [15427/99]
Minister for Health and Children (Mr. Cowen): The provision of funding for services for people with physical and sensory disabilities is a matter for the relevant health board in whose functional area the service is provided. Each board decides, in consultation with its regional co-ordinating committee for physical and sensory disability services, on priorities for the development of services in its area. This year, £300,000 capital and £300,000, rising to £600,000 in the year 2000, development funding was allocated to the South Eastern Health Board for services for people with physical and sensory disabilities.
Capital funding of approximately £100,000 has recently been agreed by the Southern Health Board, in consultation with its local co-ordinating committee, for the extension of the O'Neill Centre. Revenue funding requirements submitted by the O'Neill Centre are being considered by the board.
286. Mr. Currie asked the Minister for Health and Children when a person (details supplied) in Dublin 15 will have a hip operation. [15442/99]
Minister for Health and Children (Mr. Cowen): The provision of treatment in this case is the responsibility, in the first instance, of the hospital concerned. The Deputy should therefore ascertain which hospital this person is attending and ask the chief executive officer of that hospital to investigate this matter and reply directly to the Deputy.
287. Mr. Perry asked the Minister for Health and Children if free travel will be authorised for a person (details supplied) in County Sligo for her appointment in Beaumount Hospital, Dublin 9; and if he will make a statement on the matter. [15444/99]
Minister for Health and Children (Mr. Cowen): The provision of medical services to eligible persons in County Sligo is the statutory responsibility of the North Western Health Board in the first instance. The associated travel arrangements are also a matter for the health board. I have asked the chief executive officer of the board to investi[396] gate this matter and to reply to the Deputy directly as a matter of urgency.
288. Mr. Connaughton asked the Minister for Health and Children when a person (details supplied) in County Galway will be called for a hip replacement operation to Cappagh Hospital, Dublin 11; and if he will make a statement on the matter. [15451/99]
Minister for Health and Children (Mr. Cowen): The provision of medical services in this instance is the responsibility of St. Mary's Orthopaedic Hospital, Cappagh. I have asked the secretary manager of the hospital to investigate the position regarding this case and to reply to the Deputy directly.
289. Mr. Dukes asked the Minister for Health and Children further to Parliamentary Question No. 56 of 3 June 1999 the number of cases of viral hepatitis type B which have been reported for the first five months of 1999; the measures, if any, he will take in the interest of public health and welfare to combat this highly infectious disease in view of the dramatic increases in incidences; and if he will make a statement on the matter. [15506/99]
Minister for Health and Children (Mr. Cowen): In the period 1 January to 28 May 1999, 45 cases of viral hepatitis type B were notified to my Department. This represents a reduction of 30 over the number of cases reported in the same period last year. Control of infectious diseases is the statutory responsibility of health boards, which are required to make arrangements for the diagnosis and treatment of persons with such diseases in their functional area.
Hepatitis B vaccination is recommended for health care personnel, certain patients and their family contacts, security and emergency services personnel who may be at high risk, and susceptible members of high risk groups. The National Immunisation Committee of the Royal College of Physicians of Ireland, which is reviewing the guidelines on immunisation published in 1996, is considering the issue of appropriate vaccination policy to prevent transmission of infectious diseases, including hepatitis B. The committee expects to finalise the revised guidelines shortly.
A multi-institutional study into the prevalence of hepatitis B in the population is under way and the results of this survey will be beneficial in relation to prevention and control of this disease.
290. Mr. G. Mitchell asked the Minister for Health and Children the progress, if any, on new theatre facilities at Our Lady's Hospital for Sick Children, Dublin 12 (details supplied). [15513/99]
[397]Minister for Health and Children (Mr. Cowen): I wish to advise the Deputy that the development of enhanced theatre facilities at Our Lady's Hospital for Sick Children, Crumlin, is proceeding without delay. The design team for the development has been appointed and the planning process has begun.
291. Mr. Haughey asked the Minister for the Environment and Local Government the proposals, if any, he has to cut motor tax having regard to EU harmonisation policies; and if he will make a statement on the matter. [14924/99]
Minister for the Environment and Local Government (Mr. Dempsey): If the Deputy's question relates to vehicle excise duty, commonly referred to as motor tax, I have no proposals for the alteration of motor tax rates. There are no EU directives or other requirements relating to the harmonisation of motor tax rates between member states.
292. Mr. Bradford asked the Minister for the Environment and Local Government if his attention has been drawn to the extent of public dissatisfaction regarding the state of the county road network; his views on whether the level of expenditure on maintenance and improvement of county roads is sufficient; the proposals, if any, he has to deal with this situation; and if he will make a statement on the matter. [14890/99]
Minister for the Environment and Local Government (Mr. Dempsey): The non-national roads network, including county roads, has benefited from unprecedented and systematic attention in recent years. A national pavement condition survey has been carried out to assess the scale and incidence of non-national roads needs in county areas. Greater efficiency is being brought to local authority road work operations.
Significantly increased financing is also being made available to improve non-national roads. Some £237 million has been allocated from the local government fund for non-national roads in 1999, an increase of over £37 million or nearly 19 per cent on the 1998 allocation and £59 million or 33 per cent on the 1997 figure. The 1999 allocation includes £138 million for the restoration programme, an increase of over £20 million on last year's restoration programme allocation and £45 million on the 1997 programme.
At the end of 1998, some 24,000 kms of non-national road had been improved/maintained under the restoration programme since its inception in 1995. This represents almost 28 per cent of the entire network of regional and local roads in county council areas. A further 10,500 kms will be improved/maintained in 1999. This clearly demonstrates the rapid progress being made and the Government's continuing commitment to the non-national roads programme.
[398]293. Mr. Ring asked the Minister for the Environment and Local Government the position regarding the Turlough sewerage scheme in County Mayo; the money allocated for the scheme in 1999; when the scheme will be completed; and if he will make a statement on the matter. [14931/99]
294. Mr. Ring asked the Minister for the Environment and Local Government the position regarding the Cong sewerage scheme in County Mayo; the money allocated for the scheme in 1999; and if he will make a statement on the matter. [14932/99]
Minister for the Environment and Local Government (Mr. Dempsey): I propose to take Questions Nos. 293 and 294 together.
I recently approved both of these schemes for funding under the rural towns and villages initiative on the basis of an estimated cost of £500,000 for the Turlough scheme, and £600,000 for the Cong scheme. Except for the rural water programme, my Department does not make annual capital allocations to local authorities in respect of water services schemes. Payments will be made in respect of these schemes as they reach key stages, namely, completion of preliminary report; completion of contract documents and construction. The preliminary report for the Turlough scheme is under examination in my Department and a decision will be conveyed to the local authority shortly. I understand that revised contract documents are being prepared by the local authority for the Cong scheme.
295. Mr. Ring asked the Minister for the Environment and Local Government the position regarding the Westport sewerage scheme in County Mayo; the money allocated for this scheme in 1999; when this work will be put out to tender; and if he will make a statement on the matter. [14933/99]
310. Mr. Ring asked the Minister for the Environment and Local Government the position in relation to the Westport sewerage scheme; and the source of the £5 million funding announced on 28 May 1999. [15315/99]
Minister for the Environment and Local Government (Mr. Dempsey): I propose to take Questions Nos. 295 and 310 together.
An advance section of this scheme is included in my Department's 1999 water and sewerage services investment programme to start construction. I recently approved the provision of funding to allow work commence on this section, which will cost an estimated £2 million. Expenditure on this section of the scheme in 1999 is estimated at approximately £1 million.
The remainder of the scheme is included in the investment programme to be advanced through planning and, in this regard, I recently approved [399] the contract documents for the civil works element of the sewage treatment plant, which has an estimated cost of more than £5 million. This will allow the county council to advertise for tenders for this element. The funding of this element of the scheme will be provided from the Exchequer.
296. Mr. R. Bruton asked the Minister for the Environment and Local Government the consideration, if any, he will give to modifying the planning exemption for the height of a wall built through the side boundary of a site where it will be within a very short distance from the window of an adjoining residence resulting in the blocking out of all daylight from the residents. [14942/99]
Minister for the Environment and Local Government (Mr. Dempsey): I have no proposals to amend the domestic planning exemptions in this way. However, the planning regulations are without prejudice to any actionable case in law a person may have where an acquired right to light is severely obstructed by construction work on neighbouring land.
297. Mr. Higgins (Mayo) asked the Minister for the Environment and Local Government the length of time a person had to wait for a driving test in County Mayo for each of the years 1997 and 1998 and for the latest available date in 1999; and the number of testers employed. [14981/99]
Minister of State at the Department of the Environment and Local Government (Mr. Molloy): Waiting times for individual driving test applicants vary as applicants are given early appointments for urgent reasons such as employment or travel purposes. Average waiting times have not been compiled for individual test centres or counties due to limitations in the IT systems involved. The national average waiting time for a test is some 31 weeks, with 30 per cent of applicants being tested within 15 weeks. The longest waiting time for driving tests in County Mayo is about 39 weeks.
Driver testers are assigned to regions and not individual centres or counties. There are 19 testers assigned to the west and north-west regions, both of which service parts of County Mayo.
[400]298. Mrs. B. Moynihan-Cronin asked the Minister for the Environment and Local Government if his attention has been drawn to the problems being experienced by applicants for the first time buyers' grant in relation to the use of Minitex roofing felt; the number of applicants who have been refused the grant due to the use of this felt; the steps, if any, he has taken or will take to advise the public that this felt is not eligible for use for grant purposes; and if he will make a statement on the matter. [14985/99]
Minister of State at the Department of the Environment and Local Government (Mr. Molloy): A new house grant is payable only where a house meets the conditions and standards specified by my Department and, in particular, construction of the house must be in compliance with the requirements of the building regulations. The suitability of new materials, products or components must be demonstrated through certification by a competent body, such as the National Standards Authority of Ireland – NSAI – Irish Agreement Board – IAB. These conditions are set out in the explanatory memorandum – HA1 – on new house grants which is supplied to each applicant for a grant. In addition, a number of representative organisations who act with or on behalf of home purchasers in the legal and auctioneering professions and the Construction Industry Federation have been circulated regarding these requirements.
In the case of “Minitex” roofing felt, the certification required is not available. As a consequence, a total of 26 applications for new house grants have not been paid to date and the applicants have been notified accordingly.
299. Cecilia Keaveney asked the Minister for the Environment and Local Government the position regarding an MOT centre for Inishowen in view of the fact many of the population are 40 to 50 miles from Letterkenny; and if he will make a statement on the matter in view of the fact that centres were proposed to serve a radius of not more than 30 miles. [15021/99]
309. Mr. Dukes asked the Minister for the Environment and Local Government the number of test centres for motor cars which will be provided by the approved contractor under the car testing scheme; if he has satisfied himself that the coverage will not entail excessive travelling for persons bringing their cars for testing; the service obligations, if any, placed on the contractor; and if the contractor will be obliged to provide the service to each applicant within a reasonable and specified time. [15221/99]
Minister of State at the Department of the Environment and Local Government (Mr. Molloy): I propose to take Questions Nos. 299 and 309 together.
SGS Ireland Limited operating as the National Car Testing Service Limited has been awarded a ten year contract following an international competitive tender process to establish and operate the car testing system. Under the contract NCTS will establish and operate 43 test centres, including two fixed centres and one mobile centre in Donegal.
[401] In accordance with the invitation to tender, the desired coverage of the car testing service was specified as involving, commensurate with the provision of an economic service, each centre being located within 30 miles of 90 per cent of the car owners served by it and situated within or close to a large town served by national roads. The list of centres is included in a press release of 15 December 1998, a copy of which is in the Oireachtas Library. The project agreement with the contractor requires quality customer service, involving the necessity to meet relevant performance standards, including maximum and average waiting times.
300. Mr. McGuinness asked the Minister for the Environment and Local Government if his Department has fully considered the compulsory purchase of land at Threecastles, County Kilkenny; when a report on the matter will be available; if he will consider the case put forward by a person (details supplied) in County Kilkenny to have the road works extended to make safe the entrance to his house and lands; and if he will make a statement on the matter. [15060/99]
Minister for the Environment and Local Government (Mr. Dempsey): Kilkenny County Council has submitted the Kilkenny County Council compulsory purchase order No. 1 of 1998 for my confirmation. A public local inquiry into objections received against the order, including the objections from the person referred to, was held on the 18 May 1999. The report of the inspector who held the inquiry is awaited. My role in determining the order is of a quasi-judicial nature and my decision must be based on the objections made and the report of the person who held the inquiry. In the circumstances it would not be appropriate to comment on any aspects of the matter at this stage.
301. Mr. Dennehy asked the Minister for the Environment and Local Government if he will bring forward proposals to limit the number of questions which may be put before the electorate on an individual polling day in view of the need to ensure that all such issues are debated fully; and if he will make a statement on the matter. [15069/99]
Minister for the Environment and Local Government (Mr. Dempsey): Electoral law provides that two or more polls in respect of elections or referenda may be held on the same day. I have no proposals to amend the law in this regard.
[402]302. Mr. Aylward asked the Minister for the Environment and Local Government if funding will be approved for the purchase of two vehicles urgently required by an organisation (details supplied) in County Kilkenny. [15110/99]
Minister for the Environment and Local Government (Mr. Dempsey): The purchase and maintenance of fire appliances is a matter for the local fire authorities to deal with in accordance with section 10 of the Fire Services Act, 1981. My Department assists fire authorities by providing capital grants towards expenditure they incur in the purchase of such appliances.
Kilkenny County Council's request for grantaid for the purchase of two new fire appliances is under examination in the Department having regard to the level of funding available to the fire services capital programme and the competing demands on these funds. It is not possible at this stage to state when new appliances for Kilkenny may be grant-aided.
303. Mr. Allen asked the Minister for the Environment and Local Government if his attention has been drawn to the fact that local authorities are refusing applications for the position of tradesman due to age; and if he will make a statement on the matter. [15111/99]
Minister for the Environment and Local Government (Mr. Dempsey): Although the Employment Equality Act, 1998, is not yet in force, local authorities have been requested by my Department to bring age limits for non-officer posts fully into line with the provisions of that Act. I am not aware of any applications for the position of tradesman being refused by a local authority on age grounds.
304. Mr. Ring asked the Minister for the Environment and Local Government the position regarding the Shrule sewerage scheme in County Mayo; the money allocated for the scheme in 1999; and when the scheme will be completed. [15123/99]
Minister for the Environment and Local Government (Mr. Dempsey): Design drawings and specifications for stage 2 of this scheme were submitted to my Department in 1990, but have not been approved. As the scheme is not included in the 1999 water and sewerage services investment programme, it comes within the terms of my Department's circular letter L9/98 of 22 October 1998. This circular asked each local authority to undertake a fresh assessment of the needs for capital works in its area and to prepare a prioritised list of projects based on the assessment. The priority lists will be taken into consideration by my Department in framing future water and sewerage services investment programmes under the next national development plan 2000 – 2006.
[403]305. Mr. R. Bruton asked the Minister for the Environment and Local Government if he will restrict the right to apply for retention or to apply for an altered permission where these are being done to frustrate the enforcement of planning laws by the planning authority; and if he will make a statement on the matter. [15215/99]
Minister for the Environment and Local Government (Mr. Dempsey): My proposals concerning development control, including retention permission and enforcement, will be contained in the major Bill to reform and consolidate planning legislation which I intend to publish shortly.
306. Mr. Quinn asked the Minister for the Environment and Local Government if he will nominate a date and time for a meeting with the Cab Drivers' Association in connection with its urgent need to be allowed use bus lanes; and if he will make a statement on the matter. [15216/99]
Minister for the Environment and Local Government (Mr. Dempsey): Hackneys, as private hire vehicles, have not been permitted to use bus lanes in view of their more limited service role, which does not involve publicly standing or plying for hire, and the practical difficulty of distinguishing them from private cars.
The Dublin Taxi Forum, while recommending some form of external identification for hackneys to facilitate enforcement of regulations by An Garda Síochána, nonetheless recommended against the merging of the separate service roles of taxis and hackneys, against roof signage for hackneys and against permitting access to bus lanes by hackneys. I have no proposals therefore to extend the use of bus lanes to hackneys at this time.
I have indicated to the Irish Cab Drivers' Association that officials of my Department will be available to discuss these issues with them.
307. Mr. C. Lenihan asked the Minister for the Environment and Local Government the plans, if any, he has to review the operation of the fire services in view of recent industrial unrest. [15218/99]
Minister for the Environment and Local Government (Mr. Dempsey): The Fire Services Act, 1981, provides the statutory basis for the organisation of fire services, the establishment of fire authorities and fire brigades and the functions of fire authorities. Under the Act, the provision and operation of a fire service in its area is a matter for each fire authority. The provisions of the Act are subject to ongoing review.
[404]308. Mr. C. Lenihan asked the Minister for the Environment and Local Government if his attention has been drawn to the costs incurred by those over 70 years who apply for a renewal of their driving licence; and the plans, if any, he has to reduce this cost for this category of senior citizen. [15219/99]
Minister of State at the Department of the Environment and Local Government (Mr. Molloy): Arising from a review of the overall driving licence fee arrangements by my Department, it is proposed to introduce revised licence fee arrangements which will be structured more favourably towards persons aged more than 70 years. Legislation is necessary to implement this change and will be introduced as soon as is practicable.
311. Mr. G. Mitchell asked the Minister for the Environment and Local Government if he will waive the dog licence fee in the case of old age pensioners who keep dogs for company (details supplied). [15316/99]
Minister for the Environment and Local Government (Mr. Dempsey): The question of introducing a scheme whereby elderly persons could obtain a dog licence at a reduced rate has been examined.
While it is recognised that a dog can provide both a sense of security and companionship to many elderly people, it would unfortunately not be feasible to introduce such a scheme without incurring substantial administrative costs and a loss of revenue to the local authorities, who rely on the revenue from the sale of dog licences to finance their dog control activities. At a practical level also, such a scheme would give rise to difficulties for local authorities in attempting to establish the true ownership of a dog which was covered by a reduced fee licence but which was being kept by person who was not eligible for such a licence.
312. Mr. Gormley asked the Minister for the Environment and Local Government if the class D1 driving licence incorporates the class C1 licence which applies to vehicles with a similar chassis and body, but without passengers; and, if not, the reason the superior licence D1 does not incorporate the lesser C1 in view of the fact that some community employment participants have the option of taking lessons in respect of one but usually not both licences. [15399/99]
Minister of State at the Department of the Environment and Local Government (Mr. Molloy): Council Directive 91/439/EEC distinguishes separate driver licensing and driver testing [405] requirements for light trucks and minibuses. This is reflected in Irish regulations by the separate provision for category C1, light trucks, and D1, minibuses. The category D1 driving licence does not give entitlement to drive a category C1 vehicle.
313. Mr. Haughey asked the Minister for the Environment and Local Government if a new house grant will be paid to a person (details supplied) in County Roscommon who is purchasing a house in Cavan; and if he will make a statement on the matter. [15400/99]
Minister of State at the Department of the Environment and Local Government (Mr. Molloy): The grant has been paid.
314. Mr. J. O'Keeffe asked the Minister for the Environment and Local Government if the headquarters of the new regional assembly for the southern and eastern region will be based in Cork. [15464/99]
Minister for the Environment and Local Government (Mr. Dempsey): A decision will be announced shortly.
315. Mr. C. Lenihan asked the Minister for Social, Community and Family Affairs the timetable to achieve the Government's commitment to give State pensioners a minimum of £100 a week; and if he foresees early implementation of this commitment. [15161/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): An Action Programme for the Millennium sets out the Government's intention to recognise the contribution made to society by older people, by bringing the old age contributory pension up to £100 per week over the lifetime of the Government, that is, by the year 2002. Significant progress has already been made in this regard. In the two budgets since taking office, the Government has moved half way towards achieving the £100 target rate. The personal rate of old age contributory pension has been increased by £11 to £89 per week while the rate for a married couple has been increased by £15.50 to £148.90 per week. The personal rates of all other payments to older people have also been increased by the same amounts during this period.
The question of future increases in pensions, including the timing of these increases, are matters for consideration in a budgetary context, in the light of available resources and having regard to the Government's other priorities.
[406]316. Mr. S. Ryan asked the Minister for Social, Community and Family Affairs his views on whether the allowances for twins should be double the standard allowance per child as is the case for triplets and quadruplets in view of the submissions made by the Irish Multiple Birth Association; and the proposals, if any, he has to rectify this in the next budget. [15189/99]
317. Mr. Gilmore asked the Minister for Social, Community and Family Affairs the plans, if any, he has to increase the children's allowance for twins and to bring it into line with the allowances available for triplets and quadruplets; and if he will make a statement on the matter. [15421/99]
319. Mr. Sargent asked the Minister for Social, Community and Family Affairs the consideration, if any, he will give to requests to bring the allowance given to twins in line with that given for triplets and quadruplets; and if he will make a statement on the matter. [15624/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): It is proposed to take Questions Nos. 316, 317 and 319 together.
The background to the issue of child benefit entitlements and multiple births is as follows. Prior to the introduction of the Social Welfare Act, 1998, CB was payable at double the normal rate for each child where three or more children were born together. In the case of twins, CB was paid at the normal rate but a grant of £500 was payable at the birth of twins and further grants of £500 were payable when the twins reached the ages of 4 and 12.
In fulfilment of pre-election commitments, I introduced two key additional measures in the Social Welfare Act, 1998. First, the rate of CB payable in respect of twins was increased to 150 per cent of the normal CB rate. Second, the £500 grants, which previously were confined to families with twins, were extended to include also families with multiple births of three or more children. These measures took effect in September 1998 at a full-year cost of some £4.8 million.
The 1999 budget provides for an additional investment in the child benefit scheme of over £40 million bringing expenditure on the scheme to £475 million in a full year. From September 1999 the basic rates of child benefit will be increased by £3 in respect of the first two children and £4 in respect of subsequent children, bringing the rates up to £34.50 and £46.00 per month respectively. These improvements will benefit all families with children, including families with twins.
The question of providing for any further enhancement of the arrangements for twins under the CB scheme is a matter for consideration in a budgetary context, in the light of the resources available and of other competing priorities.
[407]318. Mr. Perry asked the Minister for Social, Community and Family Affairs if the mortgage supplement will be reinstated for a person (details supplied) in County Sligo; and if he will make a statement on the matter. [15443/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): Supplementary welfare allowance scheme provides for a weekly or monthly supplement to be paid in respect of mortgage interest payments to any person in the State whose means are insufficient to meet their needs.
The purpose of the mortgage interest supplement is to assist eligible persons who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The scheme operates on the basis that the person shall be entitled to a supplement towards the interest portion of the mortgage repayments only.
Entitlement to a supplement is determined by the health boards and supplements are normally calculated to ensure that the person, after payment of rent or mortgage interest, has an income equal to the rate of SWA appropriate to the family circumstances, less £6. This £6 represents the minimum contribution which clients are required to pay from their own resources. In addition to the minimum contribution, applicants are required to contribute any assessable means which they have in excess of the appropriate SWA rate. In effect, this means that all of the difference between the relevant SWA rate and the means which a person has goes towards payment of their mortgage, thereby reducing the amount of mortgage interest supplement rate payable.
The local health centre was contacted and advised that the couple concerned had been in receipt of mortgage interest supplement from June 1997 until May 1999 at which time one of the couple took up part time employment. Following re-assessment of their means the mortgage interest supplement is no longer payable as the family income now exceeds the SWA rate for a family of that size by more than the interest portion of the mortgage.
It is open to the couple in question to appeal this decision by writing to the appeals officer, North Western Health Board, Manorhamilton, County Leitrim.
320. Mr. Perry asked the Minister for Social, Community and Family Affairs if a person (details supplied) will be granted a transfer to Sligo in view of the fact that she has a young child; and if he will make a statement on the matter. [14838/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): The person referred to in the Deputy's question was assigned by the Civil [408] Service Commission for the Dublin offices of my Department and took up appointment on 4 May 1999.
There is a central transfer system agreed with the staff union and the Department of Finance which enables, inter alia, clerical staff to transfer from Dublin to provincial locations. The person referred to applied under these arrangements to have her interest in transferring to Sligo noted. There are a number of officers ahead of her on this list who, in accordance with agreed procedures, would have to be considered for transfer ahead of her.
321. Mr. Naughten asked the Minister for Social, Community and Family Affairs the reason the budget day increase in old age pensions is not paid until 4 June; the plans, if any, he has to change this payment system; and if he will make a statement on the matter. [14889/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): A lead-in time of a number of months is needed in order to make the required legislative and administrative changes necessary to implement the budget increases, e.g. enactment of the necessary social welfare legislation, printing of pension books etc.
The 1999 budget improvements, which took effect from the beginning of June, provide for increases of £6 per week for old age pensioners and £3 a week for their spouses. These increases will mean that, in the two years since taking office, the Government has moved half way towards meeting its commitment to increase the old age contributory pension to £100 per week over its five year term and has also brought forward the dates of payment of increases by two weeks, to the beginning of June.
The question of the timing of social welfare increases is matter to be decided in a budgetary context having regard to the fact that a lead-in time is required to make the necessary legislative and administrative changes and in the light of available resources and the Government's other priorities.
322. Mr. Deenihan asked the Minister for Social, Community and Family Affairs the consideration, if any, he will give to allowing widows and widowers who are on non-contributory pension to earn the equivalent of their pension each week before they will be means tested; and if he will make a statement on the matter. [14928/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): The widow(er)'s pension schemes recognise the particular financial difficulties that arise for people following the death of a spouse. Any widowed person who does not qualify for a contributory pension may qualify for either of two means-tested social welfare payments – namely, the one-parent family payment [409] if they have child dependants or the widow(er)'s (non-contributory) pension where there are no child dependants.
With the budget 1999 improvements, the maximum rate, i.e. £73.50 per week for those under 66 years of age, of both the widow(er)'s (non-contributory) and the one parent family payment is now 102 per cent of the main rate recommended by the Commission on Social Welfare. The maximum rate on both schemes for those over 66 and under 80 years of age, i.e. £78.50 per week is 109 per cent of the commission's recommended rate.
The different methods of assessing means under the one-parent family payment for a widow with child dependants, and the widow(er)'s (non-contributory) pension for a person with no child dependants, reflect the fact that, in addition to widowhood, widows with child dependants face additional difficulties.
Economic and social research has shown that one-parent families are particularly vulnerable to poverty and social exclusion. Accordingly, the one-parent family payment is available to both men and women who are parenting alone and is designed to, first, provide basic income support, taking into account the special needs and requirements of single parents and, second, to encourage lone parents to return to the workforce so that, over time, they can achieve a greater degree of economic independence. This is the rationale behind the earnings disregard of £115.38 per week available to lone parents in employment under the one-parent family payment and which is intended to reflect the additional costs, e.g. child care, which a lone parent returning to employment faces.
The extension of this earnings disregard to other social welfare recipients – such as widows without child dependants – would obviously have cost implications and could only be considered in a budgetary context.
323. Mr. Ring asked the Minister for Social, Community and Family Affairs if he will give a full and detailed breakdown of the assessment of the application for the student summer scheme for a person (details supplied) in County Mayo. [14935/99]
324. Mr. Ring asked the Minister for Social, Community and Family Affairs if he will give a full and detailed breakdown of the assessment of the application for the student summer scheme for a person (details supplied) in County Mayo. [14937/99]
Minister for Social, Community and Family Affairs: (Mr. D. Ahern): It is proposed to take Questions Nos. 323 and 324 together.
To qualify for participation in the students' summer jobs scheme, students must satisfy a means test which is broadly similar to that cur[410] rently applying to applicants for unemployment assistance. The persons concerned, who are sisters, do not qualify as their weekly means, assessed at £71.40 are in excess of qualifying limit of £65.
The total gross parental weekly income is £639.22 derived from the father's income as a local authority official and the mother's income from part time employment. When allowances are made in respect of tax, PRSI, superannuation, voluntary health insurance, union fees and travel, the net weekly assessable income is calculated at £420.05. For unemployment assistance purposes the weekly benefit derived by an applicant from board and lodgings provided in the family home is assessed at 17 per cent of the net family weekly income. On this basis the weekly means of the persons concerned is calculated at £71.40 which is excess of the qualifying limit.
325. Mr. J. O'Keeffe asked the Minister for Social, Community and Family Affairs his views on whether there is a strong case for automatic payment of a carer's allowance to the parent, guardian or carer of a child in receipt of a domiciliary care allowance; the amount this will cost; and his further view on whether the present ten hour per week rule in relation to work is too restrictive. [14950/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): From August 1999, full-time carers of children in receipt of a domiciliary care allowance will be entitled to apply for a carer's allowance under the same qualifying conditions as all other carers. It is estimated that this will benefit over 2,200 carers at an annual cost of £9.5 million.
According to the Department of Health and Children, there were approximately 9,100 recipients of domiciliary care allowance at the end of 1998. The cost of abolishing the carer's allowance means test for carers of the remaining recipients of domiciliary care allowance could cost in the region of £27.5 million annually with an additional expenditure of £1.4 million on the annual respite care grant.
As the Deputy will be aware a major review of the carer's allowance was published in October 1998. The submissions and proposals of all organisations representing carers were considered as part of the review process and are comprehensively addressed in the report. One of the major issues raised by these groups was the removal or easing of the carer's allowance means test. The review examined the means test and considered that it should be maintained as a way of targeting scarce public resources towards those who are most in need. The means test applied to the carer's allowance is one of the less restrictive tests associated with social welfare payments.
From August 1999 resident carers will be allowed to work part-time for 10 hours per week [411] and still qualify for carer's allowance. A carer could earn up to £75 per week under the new means testing arrangements and still qualify for full carer's allowance.
The principle underlying the full-time care and attention rule is to ensure that the care recipient who requires full-time care and attention receives this care and attention.
326. Mr. Ring asked the Minister for Social, Community and Family Affairs when a person (details supplied) in County Mayo will receive details of an oral hearing in view of the fact she has been waiting for several weeks. [15125/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): The person concerned was paid invalidity pension to 10 March 1999 when payment was stopped following an examination by a medical assessor of the Department who expressed the view that she was capable of work.
She appealed this decision to the independent social welfare appeals office and in the context of her appeal she was examined by another medical assessor on 23 April 1999 who was also of the opinion that she was capable of work.
The case was referred to an appeals officer who was of the opinion that an oral hearing is necessary. This will be arranged as soon as possible.
327. Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in County Mayo has stopped receiving social welfare payments; and when these will be restored in view of the fact it is his only source of income. [15126/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): To qualify for an unemployment payment a person must be available for and genuinely seeking work. Reviews of recipients' efforts to find work are carried out on an ongoing basis.
In the context of a recent review of his entitlements, the person concerned was asked to provide details of his efforts to find work. Based on his response a deciding officer disallowed his claim from 26 May 1999 on the grounds that he was not genuinely seeking work. The person concerned has appealed this decision and his case will be forwarded to the social welfare appeals office for consideration.
If the means of the person concerned are insufficient to meet his needs it is open to him to apply for supplementary welfare allowance which is administered by the health board. He should contact his local community welfare officer for further details.
[412]328. Mr. Allen asked the Minister for Social, Community and Family Affairs the plans, if any, he has to raise the threshold under which recipients of invalidity pension can work before their invalidity pension is affected in view of the fact the present rate of £60 is unrealistic. [15211/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): One of the qualifying conditions for receipt of invalidity pension requires that the person must be permanently incapable of work. While there is a general rule that invalidity pensioners are not allowed to engage in work, it is nevertheless recognised that support and encouragement should be provided for people with disabilities and those with long-term incapacities to become more self-reliant and less dependent on the social welfare system by facilitating them in taking up available employment and training opportunities.
In this regard, invalidity pensioners are allowed to engage in occupational training where they are incapable of following their usual occupation and also to engage in rehabilitative or therapeutic work. There are no income limits applying to such employment and training. However, an invalidity pensioner must obtain prior approval from the Department before engaging in such employment or training.
Under the social welfare code, an additional qualified adult allowance is payable in respect of a spouse or partner who is being wholly or mainly supported by the claimant. For this purpose, a spouse or partner is not regarded as being wholly or mainly maintained by the claimant if they are in receipt of a social welfare payment in their own right or if they have weekly income in excess of £60 a week.
It has been recognised that the withdrawal of the qualified adult allowance where the spouse's earnings exceeds the £60 limit can act as a poverty trap. As a first step towards alleviating this poverty trap, regulations were introduced in November 1997 to provide for the tapered withdrawal of the qualified adult allowance for people claiming unemployment benefit, unemployment assistance, disability benefit, disability allowance, pre-retirement allowance, injury benefit and unemployability supplement.
Under the revised arrangements, where the spouse or partner is earning between £60 and £90, a reduced rate qualified adult allowance continues to be payable. In the 1999 budget, provision was made to extend the upper limit of the income range from £90 to £105, in order to further enhance the incentive for people to avail of employment opportunities.
In seeking to alleviate the poverty trap caused by the withdrawal of the qualified adult allowance, priority has been given to those schemes where disincentives to employment are most prevalent.
The extension of the arrangements governing the tapered withdrawal of the qualified adult allowance to cover other categories of social welfare claimants, including invalidity pensioners, is [413] a matter for consideration in a budgetary context, in the light of available resources and having regard to other priorities.
329. Mr. O'Shea asked the Minister for Social, Community and Family Affairs the proposals, if any, he has to rectify the difficulties arising for those who come off community employment schemes who lose their free fuel, Christmas bonus, dependant over 18 payments and butter vouchers and, if they resume on the scheme, they still suffer the loss of these concessions; and if he will make a statement on the matter. [15246/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): Following on the extension of class A PRSI to community employment (CE) workers in 1996, the position is that CE workers are treated in the same way as other class A workers in so far as social insurance entitlements are concerned.
CE workers who revert to the live register after completing a period on a CE scheme may therefore, by virtue of having paid class A PRSI contributions, qualify or re-qualify for unemployment benefit rather than reverting to long-term unemployment assistance. As a consequence, they are not entitled to the social welfare secondary benefits which are payable only with long-term welfare payments.
In the case of persons who qualify or re-qualify for unemployment benefit their earnings in the relevant tax year will determine whether or not they receive a graduated rate or the full rate of unemployment benefit. Persons entitled to a reduced or graduated rate of unemployment benefit are entitled to claim unemployment assistance if it is more beneficial to them. However, long-term unemployment assistance is not payable where the claimant is entitled to full rate unemployment benefit.
I have explained to the House on many occasions that I am not in a position to introduce special concessionary arrangements for CE workers who qualify for unemployment benefit without having equal regard to the position of other short-term social welfare payment recipients. Any such concessions could only be considered in light of available resources and in the light of other priorities.
330. Mr. R. Bruton asked the Minister for Social, Community and Family Affairs if he will allow persons available for part-time work to qualify for part employment benefit. [15330/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): The purpose of the unemployment benefit scheme is to provide support for people who have lost employment and are unable to find alternative employment. To qualify for benefit a person must be available for [414] and actively seeking full-time work. A person who takes up part-time work may qualify for benefit in respect of the remaining days of the week provided he/she continues to be available for work on those days. There are no plans to change the conditions for entitlement to benefit in this regard.
331. Mr. R. Bruton asked the Minister for Social, Community and Family Affairs if his attention has been drawn to the fact that persons on one parent family allowance, whose children reach 18 and are not in school, find that their five day part-time job will exclude them from unemployment assistance no matter how small the earning; and if he will have arrangements made that those leaving one parent family allowance can retain the disregard of their part-time earnings when they go on to unemployment assistance. [15331/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): The purpose of the one-parent family payment is to provide income support to people who, for a variety of reasons, are bringing up a child or children without the support of a partner. The additional costs faced by people in such situations is reflected in the application of significant income disregards in the means test governing entitlement to the payment.
Entitlement to the OFP ceases when the child(ren) reaches the age of 18 in cases where the child(ren) does not continue in full-time education.
The Deputy will be aware that entitlement to unemployment assistance is dependent upon the claimant being capable of, available for and genuinely seeking full-time employment. The introduction of income disregards to the UA scheme to cater for a situation where a person is engaged in part-time work for five days per week would therefore be at odds with the nature and purpose of that scheme.
332. Ms Shortall asked the Minister for Social, Community and Family Affairs his views on whether the living alone allowance is adequate to meet the extra costs of a single income household compared to a multi-income household; the reason the current rate has been settled as the appropriate amount; the plans, if any, he has to increase this amount; and if he will make a statement on the matter. [15407/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): The living alone allowance is an additional payment, of £6.00 per week, to people aged 66 years or over who are in receipt of certain social welfare type payments and who reside alone.
There has been some debate, in the past, in relation to targeting the allowance. For instance, the Commission on Social Welfare, 1986, recom[415] mended that it be integrated with the basic payment and phased out as that payment level was increased. The National Pensions Board, 1993, considered that it should be retained, while the Pensions Board in its 1998 report, Securing Retirement Income, on the national pensions policy initiative viewed the allowance as a contribution towards the additional costs of a specific contingency and considered that it would be misleading to take full account of this in arriving at a target rate.
In line with this Government's commitment to a strong social welfare pension based on social insurance, including the achievement of an old age pension rate of £100 per week by 2002, I have concentrated on improving the personal pension rates of our older people. This is the most effective and equitable way of ensuring that their position is improved. In this regard, an important step towards achieving this objective was taken in budget '99 which delivered weekly increases of £6.00 in personal pension rates – well above the average inflation rate and, when taken together with the improvements in budget 1998, representing an increase of £11 per week since this Government came into office.
Pensioners have also benefited substantially from the package of measures introduced over the lifetime of this Government, for instance, a £3 weekly increase in the qualified adult allowance payable with old age, retirement and invalidity pensions; a £3 weekly increase in the personal rates for other social welfare recipients under 66 years, together with a £2 increase in the qualified adult allowance; a major package of improvements for carers costing £18 million in a full year, including the introduction of an annual once-off payment of £200 towards the cost of respite care; the introduction of a special 50 per cent pension for certain self-employed people who were aged 56 and over in April, 1988 and who have at least five years' PRSI contributions since then; the payment of arrears on a sliding scale on late claims for contributory pensions made pre-January, 1997; and a five-fold increase in the death grant from £100 to £500 to assist families in the payment of funeral expenses, at an extra cost of £10 million in a full year.
Issues relating to the treatment of different household types under the tax and social welfare codes are being examined, at present, by an interdepartmental working group which, it is expected, will report shortly.
333. Mr. Haughey asked the Minister for Social, Community and Family Affairs the reason an 18 year old sixth year student is designated as a dependant when his father claims the family income supplement and is not so classified when he claims unemployment benefit; and if he will make a statement on the matter. [15415/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): The purpose of the family income supplement (FIS) scheme is to provide an incentive to low-paid employees with families to take up or remain in full-time employment rather than availing of unemployment payments, and in particular, long-term unemployment assistance.
Child dependant allowances are payable in respect of all children up to the age of 18 years. Where a claimant is in receipt of a long-term social welfare payment, such as LTUA, child dependant allowances are payable where children are in full-time education up to the age of 22 years, or up to the end of the academic year after the 22nd birthday. This applies to long-term payments only; it does not apply to short-term payments such as unemployment benefit, disability benefit, short-term unemployment assistance and supplementary welfare allowance. The more favourable treatment of people on long-term payments is in recognition of the fact that families with children on long-term payments face a higher risk of poverty.
So as to ensure that the incentive provided by the FIS scheme is maintained vis-à-vis LTUA, children aged up to 22 and in full-time education are also considered to be dependent children for the purposes of this scheme.
On a more general level, the Deputy will be aware that the thrust of child income support policy in recent years has been to target resources towards providing increases in child benefit, as part of a strategy aimed at ensuring that child income support is more neutral vis-a-vis the employment status of the parents. This policy direction has been continued in the 1999 budget with a full-year addition of over £40 million to bring total annual expenditure to £475 million on the child benefit scheme. From September of this year, the rates of child benefit will be increased by £3.00 per child per month for the first two children and by £4.00 per child for the third and subsequent children, bringing the rates up to £34.50 and £46.00 per month respectively.
334. Mr. J. O'Keeffe asked the Minister for Social, Community and Family Affairs if he will give details of the new contract proposed between his Department and An Post, in particular the fee per item proposed in relation to each transaction; and the overall annual payment involved. [15419/99]
Minister for Social, Community and Family Affairs (Mr. D. Ahern): The contract under which my Department purchases social welfare payment delivery services from An Post will reach the end of its current term in December, 1999. The Government has decided that this contract will be extended for an additional period of three years, commencing in January 2000 and ending in December 2002.
[417] My Department will shortly commence discussions with An Post on the terms upon which the existing contract will be extended. I cannot at this stage anticipate the outcome of these discussions.
335. D'fhiafraigh Mr. Sargent den Aire Ealaíon, Oidhreachta, Gaeltachta agus Oileán an bhfuil sí i bhfabhar córas Éireannach den chóras Sasanach ISSN (International Standard Serial Number) a bhunú sa tír chun neamhspleáchas idirnáisiúnta a thabhairt d'fhoilsitheoirí Éireann-acha agus go mórmór iad siúd a bhíonn ag foilsiú as Gaeilge agus an mbéadh sí sásta bualadh le foilsitheoirí ón dtír seo chun an cheist a phlé. [14899/99]
Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera): Níl aon fheidhm agam maidir leis an gcóras ISBN – Leabharuimhreacha Caighdeánacha Idirnáisiúnta. Tuigtear dom go bhfuil an córas seo lonnaithe i mBerlin.
Tá ionad ISSN in Éirinn cheana féin. Tá an tionad lonnaithe sa Leabharlann Náisiúnta agus is í an leabharlann a sholáthraíonn foireann dó. Is é dualgas an Ionaid Sraithuimhreacha Chaighdeánacha Idirnáisiúnta (ISSNs) a thabhairt do shraitheacháin a fhoilsíteatar. Tugann an tionad seo SCI (ISSNs) do shraitheacháin a fhoilsítear sa Stát.
336. Mr. Deenihan asked the Minister for Arts, Heritage, Gaeltacht and the Islands if Ireland has proposed a definitive list of special areas of conservation to the EU Commission; if she will clarify that the Government's failure to do so is being dealt with by the European Court of Justice; and if she will make a statement on the matter. [14927/99]
Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera): I refer the Deputy to my reply to Question No. 8 of 3 June 1999.
I can confirm that the European Court has instigated legal proceedings against Ireland but I am confident that the actions which I outlined in that reply will lead to a satisfactory outcome to the matter.
337. Mr. Ring asked the Minister for Arts, Heritage, Gaeltacht and the Islands the plans, if any, she has for building a retaining wall at Clogher, Belmullet, County Mayo. [15036/99]
Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera): My Department is not responsible for coastal protection works, which are the responsibility of the local authority and the Department of the Marine and Natural [418] Resources. However, my Department has received an application under Scéim na mBóithre Áise (accommodation roads scheme) in respect of the works referred to by the Deputy. My Department has been in consultation with Mayo County Council which has very recently submitted an engineer's report, which is currently being considered by my Department.
The funds provided under Scéim na mBóithre Áise for 1999 have already been allocated.
338. D'fhiafraigh Mr. McGinley den Aire Ealaíon, Oidhreachta, Gaeltachta agus Oileán an bhfuil deontas á cheadú le hoibreacha práinneacha a dhéanamh ag an gcé ag Leab Garbh, Árainn Mhór; cén uair a chuirfear tús leis an obair; agus an ndéanfaidh sí ráiteas ina thaobh. [15083/99]
Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera): Tá iarratas faighte ag mo Roinnse ó Chomhairle Chontae Dhún na nGall ar chúnamh chun móroibreacha a chur i gcrích ar na saoráidí calaíochta ag Leab Garbh, Árainn Mhóir, ar chostas measta de £975,000. Tá an t-iarratas seo á mheas faoi láthair agus táthar ag súil go ndéanfar cinneadh air go luath.
339. Mr. Aylward asked the Minister for Arts, Heritage, Gaeltacht and the Islands if approval will be issued to an organisation (details supplied) in County Kilkenny to allow FÁS work commence on its project. [15109/99]
Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera): There is no record of an application having been received in my Department in relation to the works referred to by the Deputy. If a formal written application is made, it will be considered as expeditiously and as favourably as possible in accordance with the operating procedures which are in place between my Department and FÁS.
340. Mr. Ring asked the Minister for Arts, Heritage, Gaeltacht and the Islands the position regarding a factory (details supplied) in a Gaeltacht area of County Mayo; the negotiations or proposals, if any, made to save this company; the aid, if any, granted from Údarás na Gaeltachta to save 21 jobs; the meetings, if any, which have taken place with the owner in this regard; the outcome in this regard; and the proposals, if any, she has to save the company. [15122/99]
Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera): I refer the Deputy to my reply to Question No. 261 of 5 May in which I stated, inter alia, that Údarás na Gaeltachta does not believe that there is an acceptable case [419] for another attempt to rescue this company. I should add that an tÚdarás was in frequent contact and discussion with the company since the last rescue package was approved in 1997 regarding its ongoing serious situation.
Since my reply of 5 May, I understand from an tÚdarás that the promoters have taken steps to appoint a liquidator to the company.
The Deputy may rest assured that an tÚdarás will continue with its efforts to find alternative suitable employment opportunities for the people of the area.
341. Mr. Ring asked the Minister for Arts, Heritage, Gaeltacht and the Islands if funding has been allocated for the Bunnacrick Road, Killitiane, Tourmakeady, County Mayo; if so, the amount in this regard; and when the road will receive maintenance. [15447/99]
Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera): The application received by my Department under Scéim na mBóithre Áise for the repair of the road referred to by the Deputy, will be considered when decisions on the applications to be funded under the scheme are next being made.
342. Mr. Gilmore asked the Minister for Justice, Equality and Law Reform when the Garda Commissioner's office will issue its decision on the placement of taxi ranks within the Letterkenny UDC area in view of the fact that the matter has been with his office for the past six months; and if he will make a statement on the matter. [15022/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I am informed by the Garda authorities that the Commissioner has made draft by-laws under section 84 of the Road Traffic Act, 1961, as amended by section 6 of the Road Traffic Act, 1968 to provide for appointed stands in the Letterkenny UDC area. The draft was sent by the Garda to the Attorney General for his approval oh 13 May 1999. When the draft by-laws are approved by the Attorney General the by-laws will be signed by the Commissioner and forwarded to the Minister for the Environment and Local Government for his consent.
343. Mr. Haughey asked the Minister for Justice, Equality and Law Reform the way in which a Turkish citizen on a student visa in the USA, who is married there to an Irish and US citizen for six months, can apply first for a holiday visa to visit Ireland and then a work permit; and if he will make a statement on the matter. [15402/99]
[420]Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Turkish citizen referred to may apply for a visa to join their Irish national spouse in Ireland. If they are legally resident in the USA other than as a visitor they may make a visa application at one of the Irish missions there. A visa-required national who is the spouse of an Irish citizen and has travelled to Ireland on a visit visa is entitled to change their status from within the State. Once the individual has obtained permission to remain in the State from the registration officer for the area in which they intend to reside, they are then entitled to work without a work permit.
344. Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he has examined the Department's file on the Brendan Smyth extradition case; if his attention has been drawn to the sense of neglect and injustice felt by the abused family in that case; and his views on the case and the need for compensation for the family. [14815/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I refer the Deputy to the reply of the then Minister for Justice to Parliamentary Question No. 14 of 11 May 1995 and in particular to the statement that there is no scheme operated by the Department to which a claim for compensation would be appropriate.
I might add that I have been informed by the Attorney General that the legal proceedings referred to in that reply were the subject of a decision by the High Court on 11 April 1997 – see W v. Ireland (No 2) [1997] 21.R.141. An appeal by the plaintiff against this judgment was lodged on 27 May 1997 but was struck out, at the behest of the plaintiff, on 28 April 1998.
345. Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the current position in relation to a Land Registry application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [14833/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I am informed by the Registrar of Titles that this dealing refers to an application for first registration which was lodged on 23 December 1998. I understand that due to their complicated nature, these dealings can take time to process and, accordingly, it is not possible at this time to estimate a completion date. However, I can assure the Deputy that the application is being expedited by the Land Registry.
[421]346. Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the reason that the complaints of a person (details supplied) in Dublin 7 regarding alleged abuse of his children have not been followed up. [14834/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I am informed by the Garda authorities that a sworn affidavit relating to this case was delivered to the Garda at the Bridewell station on 3 August 1996. This affidavit alleges sexual abuse of two children of the person named in the parliamentary question. A Garda investigation is ongoing.
I am sure the Deputy will understand that I do not wish to say anything at this time that might prejudice the outcome of the Garda investigation.
347. Mr. Haughey asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the gardaí are adequately trained to deal with all aspects of domestic violence against women; and if he will make a statement on the matter. [14923/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I am informed by the Garda Commissioner that gardaí receive training on the investigation of cases of domestic violence, rape and sexual assault. The training is provided by experienced Garda personnel who are assisted by a number of other professionals such as psychologists, doctors, social workers and experts from various non-governmental organisations.
Core programmes on violence are included in the Garda in-service training schools. Lectures, with an input from non-governmental organisations, as appropriate, are given on the following topics; causes and effects of crimes of violence on women and children; domestic violence/child abuse; forensic evidence in crimes of violence against women and children; interviewing victims of crimes of violence against women and children; child abuse, and relevant legislation.
During phase one training, all student/probationers receive ten one hour lectures. The aim of the module is to help students understand the dynamics of an abusive relationship, involving adult partners, so that they can deal with incidents of domestic violence in a competent and professional manner.
In phase two training, a selection of students are placed on two week social placements with voluntary or statutory agencies who deal with domestic violence.
In phase three training, in addition to studying the legislation on domestic violence the following specific training events are organised:
1.Women's Aid facilitate a four hour seminar which all students attend.
2.There is a seminar conducted with the group known as Men Overcoming Violent Emotions (MOVE).
3.The Garda Síochana domestic violence and [422] sexual assault investigation unit also conduct a seminar.
4.A seminar on victim interviews, facilitated by experienced members of the force who deal with domestic violence on a regular basis, is organised.
5.A seminar on forensic and medical examinations – involving doctors from the sexual assault treatment unit, Rotunda Hospital also takes place.
I am informed by the Garda Commissioner that he is satisfied that the level of training is adequate.
348. Mr. Howlin asked the Minister for Justice, Equality and Law Reform the basis on which asylum seekers who have children born in this country have been denied a right of residency and work permits which were heretofore afforded to persons in that category since October 1997; if the position of these persons is under review; if so, when a decision will be made in this regard; and if he will make a statement on the matter. [14940/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): My Department has on hands a large number of applications from persons, many of whom are current or former asylum seekers, for permission to remain in the State on the basis that they are the parents of Irish born children (Irish citizens). I hope to be in a position to make decisions on these cases in the very near future.
349. Mr. Perry asked the Minister for Justice, Equality and Law Reform if corrections will be made to the registered owners of a folio and land certificate (details supplied) in County Sligo; if the dealing number will be immediately processed; and if he will make a statement on the matter. [14983/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I am informed by the Registrar of Titles that this application refers to a voluntary transfer which was lodged on 25 February 1998 and completed on 12 May 1998. I am further advised that there is nothing pending in respect of this dealing number.
350. Mr. Callely asked the Minister for Justice, Equality and Law Reform the progress, if any, made by the Court Service Office; and if he will make a statement on the matter. [14992/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Deputy will be aware [423] that our courts system is now undergoing the most fundamental change since the foundation of the State. On 16 April 1998, the Courts Service Act was enacted and one month later the courts service transitional board was established. The function of the transitional board is to make preparations for the establishment of the courts service and, in this regard, I appointed a chief executive designate in January of this year. The transitional board is, in conjunction with my Department, actively involved in making the necessary arrangements for the establishment of the courts service.
The Courts Service Act provides that I shall, by order, appoint the establishment day for the courts service and I expect to make such an order in the autumn. I am, indeed, pleased to inform the House that a significant step towards the establishment of the courts service has taken place recently, when a number of the staff of my Department moved to new offices in Conyngham Road, which will be location of the courts service headquarters.
I am informed that the structures which are now being put in place will allow the courts service to meet the demands placed on it in the new millennium and enable it to provide a first class service to judges, practitioners, court staff and most importantly of course, the users of the system.
351. Mr. Callely asked the Minister for Justice, Equality and Law Reform the personnel strength of the Garda Síochána; the likely recruitment over the next three years; and if he will make a statement on the matter. [14993/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The present strength of the Garda Síochána is around 11,200.
The programme for Government contains a commitment to increase the strength of the force to a record 12,000. It is planned to achieve this over the lifetime of the Government.
I recently announced that the Government has approved my proposals for a new Garda recruitment competition and the recruitment of 500 Garda trainees in the year 2000. This follows two previous decisions of this Government to recruit 550 trainees in each of the years 1998 and 1999.
The need for further recruitment beyond the year 2000 in order to meet the Government commitment will be kept under review in my Department and any proposals in this regard will be a matter for consideration by the Government in due course.
[424]352. Mr. Callely asked the Minister for Justice, Equality and Law Reform the recommendations of the interdepartmental committee on immi gration asylum and related issues; its consideration of abuses of citizen law; and if he will make a statement on the matter. [14994/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I assume the Deputy is referring to the recommendations made by the Interdepartmental Committee on lmmigration, Asylum and Related Issues to Government in February 1998. These recommendations were set out by me in response to Parliamentary Question No. 98 on 7 May 1998. The Government accepted these recommendations and work is proceeding on their implementation.
In so far as the recommendation relating to abuses of Irish citizenship law is concerned, this matter is currently being considered by my Department in the context of a review of the Irish Nationality and Citizenship Acts.
353. Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the contracts, if any, between the Garda authorities and private garages for the safe removal of recovered stolen cars; if this process was put out to public tender; and if he will make a statement on the matter. [15015/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The Garda authorities have advised that when a stolen car is recovered by the Garda Síochána, the owner of the vehicle is notified of this fact and it is then, generally, the responsibility of the owner to have the vehicle removed or towed away.
Where this course of action is not possible for whatever reason – i.e. time of day or the owner cannot be contacted – the Garda will then arrange for a private contractor to remove the vehicle. Each Garda division will use a local contractor for this purpose. A list of such contractors, who have indicated their availability, is maintained at local level. The decision as to which contractor is engaged depends on the location of the recovered vehicle and the availability of the contractor. In such instances the contractor's fees are paid either by the owner of the vehicle or the insurance company.
The Garda authorities have also advised that, where a vehicle is required to be brought to a Garda station for technical examination and no Garda tow truck is available, the services of a local contractor are utilised. Again the location of the vehicle and the availability of the contractor dictates which contractor is utilised. In such instances the district officer is liable for the contractor's fee.
[425]354. Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position on a land registry application (details supplied); and if he will make a statement on the matter. [15201/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I am informed by the Registrar of Titles that this dealing refers to an application under section 49 (i.e. acquisition of title by virtue of long possession) of the Registration of Title Act, 1964, which was lodged on 9 June 1994 and completed on 14 June 1999.
355. Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will deploy separate Garda patrol cars to Clane and Robertstown, County Kildare, to ensure maximum cover in both areas; and if he will make a statement on the matter. [15202/99]
356. Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he will provide a 24 hour patrol car to operate out of Clane Garda station, County Kildare; and if he will make a statement on the matter. [15203/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): I propose to take Questions Nos. 355 and 356 together.
The detailed allocation of Garda resources to individual areas is a matter for the Garda authorities. They have advised that Clane is a sub-district of Naas Garda district and that the Clane gardaí share their patrol car with gardaí from Kill Garda station. The strength of Clane is one sergeant and five gardaí while Kill has a strength of one sergeant and two gardaí. The reason that transport is shared between both Garda stations is to maximise resources.
The Garda authorities also advise that Robertstown is a sub-district of Kildare Garda district and that Robertstown gardaí share a Garda vanette with Carbury gardaí. Robertstown has a strength of one sergeant and one garda. Carbury sub-district also has an allocation of one sergeant and one garda. Again, the reason that transport is shared between both Garda stations is to maximise resources.
The Garda authorities have also advised that both Clane and Robertstown Garda stations have a “Greenman” facility connecting them to their respective district headquarters. As stated above, the district headquarters for Clane is Naas and the district headquarters for Robertstown is Kildare. Both district headquarters provide a 24 hour service. When Clane and Robertstown Garda stations are closed, they are connected to their respective district headquarters by the call diversion system.
[426]357. Mr. O'Shea asked the Minister for Justice, Equality and Law Reform the garda numbers in each of the Garda divisions at 31 May 1999; and if he will make a statement on the matter. [15243/99]
Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The detailed deployment of Garda personnel to individual areas is a matter for the Garda authorities who have advised that the current strength in each operational Garda division as of 31 May 1999 is as follows: